In the House of Representatives, U. S., 

December 18, 2015. 

Resolved, That the House agree to the amendment of the 

Senate to the bill (H.R. 2029) entitled ‘‘An Act making appropriations for military construction, the Department of 

Veterans Affairs, and related agencies for the fiscal year ending September 30, 2016, and for other purposes.’’, with the 

following 

HOUSE AMENDMENTS TO SENATE AMENDMENT: 

Ω1æIn lieu of the matter proposed to be inserted by the 

Senate amendment, insert the following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Consolidated Appropria3 tions Act, 2016’’. 

4 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Explanatory statement. 

Sec. 5. Statement of appropriations. 

Sec. 6. Availability of funds. 

Sec. 7. Technical allowance for estimating differences. 

Sec. 8. Corrections. 

Sec. 9. Adjustments to compensation. 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND 

DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 

Title I—Agricultural Programs 

Title II—Conservation Programs 

Title III—Rural Development Programs 

Title IV—Domestic Food Programs 
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Title V—Foreign Assistance and Related Programs 

Title VI—Related Agencies and Food and Drug Administration 

Title VII—General Provisions 

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2016 

Title I—Department of Commerce 

Title II—Department of Justice 

Title III—Science 

Title IV—Related Agencies 

Title V—General Provisions 

DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 

2016 

Title I—Military Personnel 

Title II—Operation and Maintenance 

Title III—Procurement 

Title IV—Research, Development, Test and Evaluation 

Title V—Revolving and Management Funds 

Title VI—Other Department of Defense Programs 

Title VII—Related Agencies 

Title VIII—General Provisions 

Title IX—Overseas Contingency Operations/Global War on Terrorism 

DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2016 

Title I—Corps of Engineers—Civil 

Title II—Department of the Interior 

Title III—Department of Energy 

Title IV—Independent Agencies 

Title V—General Provisions 

DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT 

APPROPRIATIONS ACT, 2016 

Title I—Department of the Treasury 

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

Title III—The Judiciary 

Title IV—District of Columbia 

Title V—Independent Agencies 

Title VI—General Provisions—This Act 

Title VII—General Provisions—Government-wide 

Title VIII—General Provisions—District of Columbia 

DIVISION F—DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS ACT, 2016 

Title I—Departmental Management and Operations 

Title II—Security, Enforcement, and Investigations 

Title III—Protection, Preparedness, Response, and Recovery 

Title IV—Research, Development, Training, and Services 

Title V—General Provisions 
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DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2016 

Title I—Department of the Interior 

Title II—Environmental Protection Agency 

Title III—Related Agencies 

Title IV—General Provisions 

DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN 

SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 

Title I—Department of Labor 

Title II—Department of Health and Human Services 

Title III—Department of Education 

Title IV—Related Agencies 

Title V—General Provisions 

DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2016 

Title I—Legislative Branch 

Title II—General Provisions 

DIVISION J—MILITARY CONSTRUCTION AND VETERANS AFFAIRS, 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 

Title I—Department of Defense 

Title II—Department of Veterans Affairs 

Title III—Related Agencies 

Title IV—General Provisions 

DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND 

RELATED PROGRAMS APPROPRIATIONS ACT, 2016 

Title I—Department of State and Related Agency 

Title II—United States Agency for International Development 

Title III—Bilateral Economic Assistance 

Title IV—International Security Assistance 

Title V—Multilateral Assistance 

Title VI—Export and Investment Assistance 

Title VII—General Provisions 

Title VIII—Overseas Contingency Operations/Global War on Terrorism 

Title IX—Other Matters 

DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 

Title I—Department of Transportation 

Title II—Department of Housing and Urban Development 

Title III—Related Agencies 

Title IV—General Provisions—This Act 
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DIVISION M—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL 

YEAR 2016 

DIVISION N—CYBERSECURITY ACT OF 2015 

DIVISION O—OTHER MATTERS 

DIVISION P—TAX-RELATED PROVISIONS 

DIVISION Q—PROTECTING AMERICANS FROM TAX HIKES ACT OF 

2015 

1 SEC. 3. REFERENCES. 

2 Except as expressly provided otherwise, any reference 

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

4 be treated as referring only to the provisions of that divi5 sion. 

6 SEC. 4. EXPLANATORY STATEMENT. 

7 The explanatory statement regarding this Act, printed 

8 in the House of Representatives section of the Congressional 

9 Record on or about December 17, 2015 by the Chairman 

10 of the Committee on Appropriations of the House, shall have 

11 the same effect with respect to the allocation of funds and 

12 implementation of divisions A through L of this Act as if 

13 it were a joint explanatory statement of a committee of con14 ference. 

15 SEC. 5. STATEMENT OF APPROPRIATIONS. 

16 The following sums in this Act are appropriated, out 

17 of any money in the Treasury not otherwise appropriated, 

18 for the fiscal year ending September 30, 2016. 
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1 SEC. 6. AVAILABILITY OF FUNDS. 

2 Each amount designated in this Act by the Congress 

3 for Overseas Contingency Operations/Global War on Ter4 rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

5 Budget and Emergency Deficit Control Act of 1985 shall 

6 be available (or rescinded, if applicable) only if the Presi7 dent subsequently so designates all such amounts and trans8 mits such designations to the Congress. 

9 SEC. 7. TECHNICAL ALLOWANCE FOR ESTIMATING DIF10 FERENCES. 

11 If, for fiscal year 2016, new budget authority provided 

12 in appropriations Acts exceeds the discretionary spending 

13 limit for any category set forth in section 251(c) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985 

15 due to estimating differences with the Congressional Budget 

16 Office, an adjustment to the discretionary spending limit 

17 in such category for fiscal year 2016 shall be made by the 

18 Director of the Office of Management and Budget in the 

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

20 shall not exceed 0.2 percent of the sum of the adjusted dis21 cretionary spending limits for all categories for that fiscal 

22 year. 

23 SEC. 8. CORRECTIONS. 

24 The Continuing Appropriations Act, 2016 (Public 

25 Law 114–53) is amended— 
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1 (1) by changing the long title so as to read: 

2 ‘‘Making continuing appropriations for the fiscal 

3 year ending September 30, 2016, and for other pur4 poses.’’; 

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

6 section 1) the following: ‘‘DIVISION A—TSA 

7 OFFICE OF INSPECTION ACCOUNT8 ABILITY ACT OF 2015’’; 

9 (3) by inserting after section 8 (before the state10 ment of appropriations) the following: ‘‘DIVISION 

11 B—CONTINUING APPROPRIATIONS 

12 RESOLUTION, 2016’’; and 

13 (4) by inserting after section 150 (before the 

14 short title) the following new section: ‘‘SEC. 151. Ex15 cept as expressly provided otherwise, any reference in 

16 this division to ‘this Act’ shall be treated as referring 

17 only to the provisions of this division.’’. 

18 SEC. 9. ADJUSTMENTS TO COMPENSATION. 

19 Notwithstanding any other provision of law, no adjust20 ment shall be made under section 601(a) of the Legislative 

21 Reorganization Act of 1946 (2 U.S.C. 4501) (relating to 

22 cost of living adjustments for Members of Congress) during 

23 fiscal year 2016. 
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1 DIVISION A—AGRICULTURE, RURAL DE2 VELOPMENT, FOOD AND DRUG ADMIN3 ISTRATION, AND RELATED AGENCIES 

4 APPROPRIATIONS ACT, 2016 

5 TITLE I 

6 AGRICULTURAL PROGRAMS 

7 PRODUCTION, PROCESSING, AND MARKETING

8 OFFICE OF THE SECRETARY

9 (INCLUDING TRANSFERS OF FUNDS)

10 For necessary expenses of the Office of the Secretary, 

11 $45,555,000, of which not to exceed $5,051,000 shall be 

12 available for the immediate Office of the Secretary, of which 

13 not to exceed $250,000 shall be available for the Military 

14 Veterans Agricultural Liaison; not to exceed $502,000 shall 

15 be available for the Office of Tribal Relations; not to exceed 

16 $1,496,000 shall be available for the Office of Homeland Se17 curity and Emergency Coordination; not to exceed 

18 $1,209,000 shall be available for the Office of Advocacy and 

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

20 the Office of the Assistant Secretary for Administration, of 

21 which $25,124,000 shall be available for Departmental Ad22 ministration to provide for necessary expenses for manage23 ment support services to offices of the Department and for 

24 general administration, security, repairs and alterations, 

25 and other miscellaneous supplies and expenses not otherwise 
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1 provided for and necessary for the practical and efficient 

2 work of the Department; not to exceed $3,869,000 shall be 

3 available for the Office of Assistant Secretary for Congres4 sional Relations to carry out the programs funded by this 

5 Act, including programs involving intergovernmental af6 fairs and liaison within the executive branch; and not to 

7 exceed $7,500,000 shall be available for the Office of Com8 munications: Provided, That the Secretary of Agriculture 

9 is authorized to transfer funds appropriated for any office 

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

11 of the Secretary: Provided further, That no appropriation 

12 for any office shall be increased or decreased by more than 

13 5 percent: Provided further, That not to exceed $11,000 of 

14 the amount made available under this paragraph for the 

15 immediate Office of the Secretary shall be available for offi16 cial reception and representation expenses, not otherwise 

17 provided for, as determined by the Secretary: Provided fur18 ther, That the amount made available under this heading 

19 for Departmental Administration shall be reimbursed from 

20 applicable appropriations in this Act for travel expenses in21 cident to the holding of hearings as required by 5 U.S.C. 

22 551–558: Provided further, That funds made available 

23 under this heading for the Office of the Assistant Secretary 

24 for Congressional Relations may be transferred to agencies 

25 of the Department of Agriculture funded by this Act to 
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1 maintain personnel at the agency level: Provided further, 

2 That no funds made available under this heading for the 

3 Office of Assistant Secretary for Congressional Relations 

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

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

6 on Appropriations of both Houses of Congress on the alloca7 tion of these funds by USDA agency: Provided further, That 

8 within 180 days of the date of enactment of this Act, the 

9 Secretary shall submit to Congress the report required in 

10 section 7 U.S.C. 6935(b)(3). 

11 EXECUTIVE OPERATIONS

12 OFFICE OF THE CHIEF ECONOMIST

13 For necessary expenses of the Office of the Chief Econo14 mist, $17,777,000, of which $4,000,000 shall be for grants 

15 or cooperative agreements for policy research under 7 

16 U.S.C. 3155, and of which $1,000,000, to remain available 

17 until September 30, 2017, shall be for the purpose set forth 

18 under this heading in the explanatory statement described 

19 in section 4 (in the matter preceding division A of the con20 solidated Act). 

21 NATIONAL APPEALS DIVISION

22 For necessary expenses of the National Appeals Divi23 sion, $13,317,000. 
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1 OFFICE OF BUDGET AND PROGRAM ANALYSIS

2 For necessary expenses of the Office of Budget and Pro3 gram Analysis, $9,392,000. 

4 OFFICE OF THE CHIEF INFORMATION OFFICER

5 For necessary expenses of the Office of the Chief Infor6 mation Officer, $44,538,000, of which not less than 

7 $28,000,000 is for cybersecurity requirements of the Depart8 ment. 

9 OFFICE OF THE CHIEF FINANCIAL OFFICER

10 For necessary expenses of the Office of the Chief Finan11 cial Officer, $6,028,000. 

12 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

13 RIGHTS

14 For necessary expenses of the Office of the Assistant 

15 Secretary for Civil Rights, $898,000. 

16 OFFICE OF CIVIL RIGHTS

17 For necessary expenses of the Office of Civil Rights, 

18 $24,070,000. 

19 AGRICULTURE BUILDINGS AND FACILITIES

20 (INCLUDING TRANSFERS OF FUNDS)

21 For payment of space rental and related costs pursu22 ant to Public Law 92–313, including authorities pursuant 

23 to the 1984 delegation of authority from the Administrator 

24 of General Services to the Department of Agriculture under 

25 40 U.S.C. 121, for programs and activities of the Depart-
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1 ment which are included in this Act, and for alterations 

2 and other actions needed for the Department and its agen3 cies to consolidate unneeded space into configurations suit4 able for release to the Administrator of General Services, 

5 and for the operation, maintenance, improvement, and re6 pair of Agriculture buildings and facilities, and for related 

7 costs, $64,189,000, to remain available until expended, for 

8 buildings operations and maintenance expenses: Provided, 

9 That the Secretary may use unobligated prior year balances 

10 of an agency or office that are no longer available for new 

11 obligation to cover shortfalls incurred in prior or current 

12 year rental payments for such agency or office. 

13 HAZARDOUS MATERIALS MANAGEMENT

14 (INCLUDING TRANSFERS OF FUNDS)

15 For necessary expenses of the Department of Agri16 culture, to comply with the Comprehensive Environmental 

17 Response, Compensation, and Liability Act (42 U.S.C. 

18 9601 et seq.) and the Resource Conservation and Recovery 

19 Act (42 U.S.C. 6901 et seq.), $3,618,000, to remain avail20 able until expended: Provided, That appropriations and 

21 funds available herein to the Department for Hazardous 

22 Materials Management may be transferred to any agency 

23 of the Department for its use in meeting all requirements 

24 pursuant to the above Acts on Federal and non-Federal 

25 lands. 
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector Gen3 eral, including employment pursuant to the Inspector Gen4 eral Act of 1978, $95,738,000, including such sums as may 

5 be necessary for contracting and other arrangements with 

6 public agencies and private persons pursuant to section 

7 6(a)(9) of the Inspector General Act of 1978, and including 

8 not to exceed $125,000 for certain confidential operational 

9 expenses, including the payment of informants, to be ex10 pended under the direction of the Inspector General pursu11 ant to Public Law 95–452 and section 1337 of Public Law 

12 97–98. 

13 OFFICE OF THE GENERAL COUNSEL

14 For necessary expenses of the Office of the General 

15 Counsel, $44,383,000. 

16 OFFICE OF ETHICS

17 For necessary expenses of the Office of Ethics, 

18 $3,654,000. 

19 OFFICE OF THE UNDER SECRETARY FOR RESEARCH, 

20 EDUCATION, AND ECONOMICS

21 For necessary expenses of the Office of the Under Sec22 retary for Research, Education, and Economics, $893,000. 

23 ECONOMIC RESEARCH SERVICE

24 For necessary expenses of the Economic Research Serv25 ice, $85,373,000. 
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1 NATIONAL AGRICULTURAL STATISTICS SERVICE

2 For necessary expenses of the National Agricultural 

3 Statistics Service, $168,443,000, of which up to $42,177,000 

4 shall be available until expended for the Census of Agri5 culture: Provided, That amounts made available for the 

6 Census of Agriculture may be used to conduct Current In7 dustrial Report surveys subject to 7 U.S.C. 2204g(d) and 

8 (f). 

9 AGRICULTURAL RESEARCH SERVICE

10 SALARIES AND EXPENSES

11 For necessary expenses of the Agricultural Research 

12 Service and for acquisition of lands by donation, exchange, 

13 or purchase at a nominal cost not to exceed $100, and for 

14 land exchanges where the lands exchanged shall be of equal 

15 value or shall be equalized by a payment of money to the 

16 grantor which shall not exceed 25 percent of the total value 

17 of the land or interests transferred out of Federal ownership, 

18 $1,143,825,000: Provided, That appropriations hereunder 

19 shall be available for the operation and maintenance of air20 craft and the purchase of not to exceed one for replacement 

21 only: Provided further, That appropriations hereunder shall 

22 be available pursuant to 7 U.S.C. 2250 for the construction, 

23 alteration, and repair of buildings and improvements, but 

24 unless otherwise provided, the cost of constructing any one 

25 building shall not exceed $375,000, except for headhouses 
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1 or greenhouses which shall each be limited to $1,200,000, 

2 and except for 10 buildings to be constructed or improved 

3 at a cost not to exceed $750,000 each, and the cost of alter4 ing any one building during the fiscal year shall not exceed 

5 10 percent of the current replacement value of the building 

6 or $375,000, whichever is greater: Provided further, That 

7 the limitations on alterations contained in this Act shall 

8 not apply to modernization or replacement of existing fa9 cilities at Beltsville, Maryland: Provided further, That ap10 propriations hereunder shall be available for granting ease11 ments at the Beltsville Agricultural Research Center: Pro12 vided further, That the foregoing limitations shall not apply 

13 to replacement of buildings needed to carry out the Act of 

14 April 24, 1948 (21 U.S.C. 113a): Provided further, That 

15 appropriations hereunder shall be available for granting 

16 easements at any Agricultural Research Service location for 

17 the construction of a research facility by a non-Federal enti18 ty for use by, and acceptable to, the Agricultural Research 

19 Service and a condition of the easements shall be that upon 

20 completion the facility shall be accepted by the Secretary, 

21 subject to the availability of funds herein, if the Secretary 

22 finds that acceptance of the facility is in the interest of the 

23 United States: Provided further, That funds may be re24 ceived from any State, other political subdivision, organiza25 tion, or individual for the purpose of establishing or oper-
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1 ating any research facility or research project of the Agri2 cultural Research Service, as authorized by law: Provided 

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

4 may not be obligated until 30 days after the Secretary of 

5 Agriculture certifies in writing to the Committees on Ap6 propriations of both Houses of Congress that the Agricul7 tural Research Service has updated its animal care policies 

8 and that all Agricultural Research Service research facili9 ties at which animal research is conducted have a fully 

10 functioning Institutional Animal Care and Use Committee, 

11 including all appropriate and necessary record keeping: 

12 Provided further, That such certification shall set forth in 

13 detail the factual basis for the certification and the Depart14 ment’s plan for ensuring these changes are maintained in 

15 the future: Provided further, That such certification shall 

16 be subject to prior consultation with the Committees on Ap17 propriations of both Houses of Congress. 

18 BUILDINGS AND FACILITIES

19 For the acquisition of land, construction, repair, im20 provement, extension, alteration, and purchase of fixed 

21 equipment or facilities as necessary to carry out the agricul22 tural research programs of the Department of Agriculture, 

23 where not otherwise provided, $212,101,000 to remain 

24 available until expended. 
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1 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

2 RESEARCH AND EDUCATION ACTIVITIES

3 For payments to agricultural experiment stations, for 

4 cooperative forestry and other research, for facilities, and 

5 for other expenses, $819,685,000, which shall be for the pur6 poses, and in the amounts, specified in the table titled ‘‘Na7 tional Institute of Food and Agriculture, Research and 

8 Education Activities’’ in the explanatory statement de9 scribed in section 4 (in the matter preceding division A of 

10 this consolidated Act): Provided, That funds for research 

11 grants for 1994 institutions, education grants for 1890 in12 stitutions, capacity building for non-land-grant colleges of 

13 agriculture, the agriculture and food research initiative, 

14 veterinary medicine loan repayment, multicultural schol15 ars, graduate fellowship and institution challenge grants, 

16 and grants management systems shall remain available 

17 until expended: Provided further, That each institution eli18 gible to receive funds under the Evans-Allen program re19 ceives no less than $1,000,000: Provided further, That funds 

20 for education grants for Alaska Native and Native Hawai21 ian-serving institutions be made available to individual eli22 gible institutions or consortia of eligible institutions with 

23 funds awarded equally to each of the States of Alaska and 

24 Hawaii: Provided further, That funds for education grants 

25 for 1890 institutions shall be made available to institutions 
17 

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1 eligible to receive funds under 7 U.S.C. 3221 and 3222: Pro2 vided further, That not more than 5 percent of the amounts 

3 made available by this or any other Act to carry out the 

4 Agriculture and Food Research Initiative under 7 U.S.C. 

5 450i(b) may be retained by the Secretary of Agriculture to 

6 pay administrative costs incurred by the Secretary in car7 rying out that authority. 

8 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

9 For the Native American Institutions Endowment 

10 Fund authorized by Public Law 103–382 (7 U.S.C. 301 

11 note), $11,880,000, to remain available until expended. 

12 EXTENSION ACTIVITIES

13 For payments to States, the District of Columbia, 

14 Puerto Rico, Guam, the Virgin Islands, Micronesia, the 

15 Northern Marianas, and American Samoa, $475,891,000, 

16 which shall be for the purposes, and in the amounts, speci17 fied in the table titled ‘‘National Institute of Food and Agri18 culture, Extension Activities’’ in the explanatory statement 

19 described in section 4 (in the matter preceding division A 

20 of this consolidated Act): Provided, That funds for facility 

21 improvements at 1890 institutions shall remain available 

22 until expended: Provided further, That institutions eligible 

23 to receive funds under 7 U.S.C. 3221 for cooperative exten24 sion receive no less than $1,000,000: Provided further, That 

25 funds for cooperative extension under sections 3(b) and (c) 
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1 of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and sec2 tion 208(c) of Public Law 93–471 shall be available for re3 tirement and employees’ compensation costs for extension 

4 agents. 

5 INTEGRATED ACTIVITIES

6 For the integrated research, education, and extension 

7 grants programs, including necessary administrative ex8 penses, $30,900,000, which shall be for the purposes, and 

9 in the amounts, specified in the table titled ‘‘National Insti10 tute of Food and Agriculture, Integrated Activities’’ in the 

11 explanatory statement described in section 4 (in the matter 

12 preceding division A of this consolidated Act): Provided, 

13 That funds for the Food and Agriculture Defense Initiative 

14 shall remain available until September 30, 2017: Provided 

15 further, That notwithstanding any other provision of law, 

16 indirect costs shall not be charged against any Extension 

17 Implementation Program Area grant awarded under the 

18 Crop Protection/Pest Management Program (7 U.S.C. 

19 7626). 

20 OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

21 REGULATORY PROGRAMS

22 For necessary expenses of the Office of the Under Sec23 retary for Marketing and Regulatory Programs, $893,000. 
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1 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary expenses of the Animal and Plant 

5 Health Inspection Service, including up to $30,000 for rep6 resentation allowances and for expenses pursuant to the 

7 Foreign Service Act of 1980 (22 U.S.C. 4085), 

8 $894,415,000, of which $470,000, to remain available until 

9 expended, shall be available for the control of outbreaks of 

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

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

12 necessary to meet emergency conditions; of which 

13 $11,520,000, to remain available until expended, shall be 

14 used for the cotton pests program for cost share purposes 

15 or for debt retirement for active eradication zones; of which 

16 $35,339,000, to remain available until expended, shall be 

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

18 shall be for activities under the authority of the Horse Pro19 tection Act of 1970, as amended (15 U.S.C. 1831); of which 

20 $55,340,000, to remain available until expended, shall be 

21 used to support avian health; of which $4,251,000, to re22 main available until expended, shall be for information 

23 technology infrastructure; of which $158,000,000, to remain 

24 available until expended, shall be for specialty crop pests; 

25 of which, $8,826,000, to remain available until expended, 
20 

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1 shall be for field crop and rangeland ecosystem pests; of 

2 which $54,000,000, to remain available until expended, 

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

4 remain available until expended, shall be for the National 

5 Veterinary Stockpile; of which up to $1,500,000, to remain 

6 available until expended, shall be for the scrapie program 

7 for indemnities; of which $2,500,000, to remain available 

8 until expended, shall be for the wildlife damage manage9 ment program for aviation safety: Provided, That of 

10 amounts available under this heading for wildlife services 

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

12 until expended: Provided further, That of amounts available 

13 under this heading for the screwworm program, $4,990,000 

14 shall remain available until expended: Provided further, 

15 That no funds shall be used to formulate or administer a 

16 brucellosis eradication program for the current fiscal year 

17 that does not require minimum matching by the States of 

18 at least 40 percent: Provided further, That this appropria19 tion shall be available for the operation and maintenance 

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

21 two shall be for replacement only: Provided further, That 

22 in addition, in emergencies which threaten any segment of 

23 the agricultural production industry of this country, the 

24 Secretary may transfer from other appropriations or funds 

25 available to the agencies or corporations of the Department 
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1 such sums as may be deemed necessary, to be available only 

2 in such emergencies for the arrest and eradication of con3 tagious or infectious disease or pests of animals, poultry, 

4 or plants, and for expenses in accordance with sections 

5 10411 and 10417 of the Animal Health Protection Act (7 

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

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

8 unexpended balances of funds transferred for such emer9 gency purposes in the preceding fiscal year shall be merged 

10 with such transferred amounts: Provided further, That ap11 propriations hereunder shall be available pursuant to law 

12 (7 U.S.C. 2250) for the repair and alteration of leased 

13 buildings and improvements, but unless otherwise provided 

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

15 shall not exceed 10 percent of the current replacement value 

16 of the building. 

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

18 fees to cover the total costs of providing technical assistance, 

19 goods, or services requested by States, other political sub20 divisions, domestic and international organizations, foreign 

21 governments, or individuals, provided that such fees are 

22 structured such that any entity’s liability for such fees is 

23 reasonably based on the technical assistance, goods, or serv24 ices provided to the entity by the agency, and such fees shall 

25 be reimbursed to this account, to remain available until ex-
22 

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1 pended, without further appropriation, for providing such 

2 assistance, goods, or services. 

3 BUILDINGS AND FACILITIES

4 For plans, construction, repair, preventive mainte5 nance, environmental support, improvement, extension, al6 teration, and purchase of fixed equipment or facilities, as 

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

8 authorized by 7 U.S.C. 428a, $3,175,000, to remain avail9 able until expended. 

10 AGRICULTURAL MARKETING SERVICE

11 MARKETING SERVICES

12 For necessary expenses of the Agricultural Marketing 

13 Service, $81,223,000: Provided, That this appropriation 

14 shall be available pursuant to law (7 U.S.C. 2250) for the 

15 alteration and repair of buildings and improvements, but 

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

17 shall not exceed 10 percent of the current replacement value 

18 of the building. 

19 Fees may be collected for the cost of standardization 

20 activities, as established by regulation pursuant to law (31 

21 U.S.C. 9701). 

22 LIMITATION ON ADMINISTRATIVE EXPENSES

23 Not to exceed $60,982,000 (from fees collected) shall be 

24 obligated during the current fiscal year for administrative 

25 expenses: Provided, That if crop size is understated and/ 
23 

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1 or other uncontrollable events occur, the agency may exceed 

2 this limitation by up to 10 percent with notification to the 

3 Committees on Appropriations of both Houses of Congress. 

4 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

5 SUPPLY (SECTION 32)

6 (INCLUDING TRANSFERS OF FUNDS)

7 Funds available under section 32 of the Act of August 

8 24, 1935 (7 U.S.C. 612c), shall be used only for commodity 

9 program expenses as authorized therein, and other related 

10 operating expenses, except for: (1) transfers to the Depart11 ment of Commerce as authorized by the Fish and Wildlife 

12 Act of August 8, 1956; (2) transfers otherwise provided in 

13 this Act; and (3) not more than $20,489,000 for formulation 

14 and administration of marketing agreements and orders 

15 pursuant to the Agricultural Marketing Agreement Act of 

16 1937 and the Agricultural Act of 1961. 

17 PAYMENTS TO STATES AND POSSESSIONS

18 For payments to departments of agriculture, bureaus 

19 and departments of markets, and similar agencies for mar20 keting activities under section 204(b) of the Agricultural 

21 Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,235,000. 
24 

•HR 2029 EAH 

1 GRAIN INSPECTION, PACKERS AND STOCKYARDS

2 ADMINISTRATION

3 SALARIES AND EXPENSES

4 For necessary expenses of the Grain Inspection, Pack5 ers and Stockyards Administration, $43,057,000: Provided, 

6 That this appropriation shall be available pursuant to law 

7 (7 U.S.C. 2250) for the alteration and repair of buildings 

8 and improvements, but the cost of altering any one building 

9 during the fiscal year shall not exceed 10 percent of the cur10 rent replacement value of the building. 

11 LIMITATION ON INSPECTION AND WEIGHING SERVICES

12 EXPENSES

13 Not to exceed $55,000,000 (from fees collected) shall be 

14 obligated during the current fiscal year for inspection and 

15 weighing services: Provided, That if grain export activities 

16 require additional supervision and oversight, or other un17 controllable factors occur, this limitation may be exceeded 

18 by up to 10 percent with notification to the Committees 

19 on Appropriations of both Houses of Congress. 

20 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

21 For necessary expenses of the Office of the Under Sec22 retary for Food Safety, $816,000. 

23 FOOD SAFETY AND INSPECTION SERVICE

24 For necessary expenses to carry out services authorized 

25 by the Federal Meat Inspection Act, the Poultry Products 
25 

•HR 2029 EAH 

1 Inspection Act, and the Egg Products Inspection Act, in2 cluding not to exceed $50,000 for representation allowances 

3 and for expenses pursuant to section 8 of the Act approved 

4 August 3, 1956 (7 U.S.C. 1766), $1,014,871,000; and in 

5 addition, $1,000,000 may be credited to this account from 

6 fees collected for the cost of laboratory accreditation as au7 thorized by section 1327 of the Food, Agriculture, Conserva8 tion and Trade Act of 1990 (7 U.S.C. 138f): Provided, That 

9 funds provided for the Public Health Data Communication 

10 Infrastructure system shall remain available until ex11 pended: Provided further, That no fewer than 148 full-time 

12 equivalent positions shall be employed during fiscal year 

13 2016 for purposes dedicated solely to inspections and en14 forcement related to the Humane Methods of Slaughter Act: 

15 Provided further, That the Food Safety and Inspection 

16 Service shall continue implementation of section 11016 of 

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

18 made in section 12106 of Public Law 113–79: Provided fur19 ther, That this appropriation shall be available pursuant 

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

21 buildings and improvements, but the cost of altering any 

22 one building during the fiscal year shall not exceed 10 per23 cent of the current replacement value of the building. 
26 

•HR 2029 EAH 

1 OFFICE OF THE UNDER SECRETARY FOR FARM AND

2 FOREIGN AGRICULTURAL SERVICES

3 For necessary expenses of the Office of the Under Sec4 retary for Farm and Foreign Agricultural Services, 

5 $898,000. 

6 FARM SERVICE AGENCY

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses of the Farm Service Agency, 

10 $1,200,180,000: Provided, That not more than 50 percent 

11 of the $129,546,000 made available under this heading for 

12 information technology related to farm program delivery, 

13 including the Modernize and Innovate the Delivery of Agri14 cultural Systems and other farm program delivery systems, 

15 may be obligated until the Secretary submits to the Com16 mittees on Appropriations of both Houses of Congress a 

17 plan for expenditure that (1) identifies for each project/in18 vestment over $25,000 (a) the functional and performance 

19 capabilities to be delivered and the mission benefits to be 

20 realized, (b) the estimated lifecycle cost, including estimates 

21 for development as well as maintenance and operations, 

22 and (c) key milestones to be met; (2) demonstrates that each 

23 project/investment is, (a) consistent with the Farm Service 

24 Agency Information Technology Roadmap, (b) being man25 aged in accordance with applicable lifecycle management 
27 

•HR 2029 EAH 

1 policies and guidance, and (c) subject to the applicable De2 partment’s capital planning and investment control re3 quirements; and (3) has been reviewed by the Government 

4 Accountability Office and approved by the Committees on 

5 Appropriations of both Houses of Congress: Provided fur6 ther, That the agency shall submit a report by the end of 

7 the fourth quarter of fiscal year 2016 to the Committees on 

8 Appropriations and the Government Accountability Office, 

9 that identifies for each project/investment that is oper10 ational (a) current performance against key indicators of 

11 customer satisfaction, (b) current performance of service 

12 level agreements or other technical metrics, (c) current per13 formance against a pre-established cost baseline, (d) a de14 tailed breakdown of current and planned spending on oper15 ational enhancements or upgrades, and (e) an assessment 

16 of whether the investment continues to meet business needs 

17 as intended as well as alternatives to the investment: Pro18 vided further, That the Secretary is authorized to use the 

19 services, facilities, and authorities (but not the funds) of 

20 the Commodity Credit Corporation to make program pay21 ments for all programs administered by the Agency: Pro22 vided further, That other funds made available to the Agen23 cy for authorized activities may be advanced to and merged 

24 with this account: Provided further, That funds made avail25 able to county committees shall remain available until ex-
28 

•HR 2029 EAH 

1 pended: Provided further, That none of the funds available 

2 to the Farm Service Agency shall be used to close Farm 

3 Service Agency county offices: Provided further, That none 

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

5 used to permanently relocate county based employees that 

6 would result in an office with two or fewer employees with7 out prior notification and approval of the Committees on 

8 Appropriations of both Houses of Congress. 

9 STATE MEDIATION GRANTS

10 For grants pursuant to section 502(b) of the Agricul11 tural Credit Act of 1987, as amended (7 U.S.C. 5101–5106), 

12 $3,404,000. 

13 GRASSROOTS SOURCE WATER PROTECTION PROGRAM

14 For necessary expenses to carry out wellhead or 

15 groundwater protection activities under section 1240O of 

16 the Food Security Act of 1985 (16 U.S.C. 3839bb–2), 

17 $6,500,000, to remain available until expended. 

18 DAIRY INDEMNITY PROGRAM

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses involved in making indemnity 

21 payments to dairy farmers and manufacturers of dairy 

22 products under a dairy indemnity program, such sums as 

23 may be necessary, to remain available until expended: Pro24 vided, That such program is carried out by the Secretary 

25 in the same manner as the dairy indemnity program de-
29 

•HR 2029 EAH 

1 scribed in the Agriculture, Rural Development, Food and 

2 Drug Administration, and Related Agencies Appropria3 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A– 

4 12). 

5 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

6 ACCOUNT

7 (INCLUDING TRANSFERS OF FUNDS)

8 For gross obligations for the principal amount of di9 rect and guaranteed farm ownership (7 U.S.C. 1922 et seq.) 

10 and operating (7 U.S.C. 1941 et seq.) loans, emergency 

11 loans (7 U.S.C. 1961 et seq.), Indian tribe land acquisition 

12 loans (25 U.S.C. 488), boll weevil loans (7 U.S.C. 1989), 

13 guaranteed conservation loans (7 U.S.C. 1924 et seq.), and 

14 Indian highly fractionated land loans (25 U.S.C. 488) to 

15 be available from funds in the Agricultural Credit Insur16 ance Fund, as follows: $2,000,000,000 for guaranteed farm 

17 ownership loans and $1,500,000,000 for farm ownership di18 rect loans; $1,393,443,000 for unsubsidized guaranteed op19 erating loans and $1,252,004,000 for direct operating loans; 

20 emergency loans, $34,667,000; Indian tribe land acquisi21 tion loans, $2,000,000; guaranteed conservation loans, 

22 $150,000,000; Indian highly fractionated land loans, 

23 $10,000,000; and for boll weevil eradication program loans, 

24 $60,000,000: Provided, That the Secretary shall deem the 
30 

•HR 2029 EAH 

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

2 weevil eradication program loans. 

3 For the cost of direct and guaranteed loans and grants, 

4 including the cost of modifying loans as defined in section 

5 502 of the Congressional Budget Act of 1974, as follows: 

6 farm operating loans, $53,961,000 for direct operating 

7 loans, $14,352,000 for unsubsidized guaranteed operating 

8 loans, and emergency loans, $1,262,000, to remain avail9 able until expended. 

10 In addition, for administrative expenses necessary to 

11 carry out the direct and guaranteed loan programs, 

12 $314,918,000, of which $306,998,000 shall be transferred to 

13 and merged with the appropriation for ‘‘Farm Service 

14 Agency, Salaries and Expenses’’. 

15 Funds appropriated by this Act to the Agricultural 

16 Credit Insurance Program Account for farm ownership, op17 erating and conservation direct loans and guaranteed loans 

18 may be transferred among these programs: Provided, That 

19 the Committees on Appropriations of both Houses of Con20 gress are notified at least 15 days in advance of any trans21 fer. 

22 RISK MANAGEMENT AGENCY

23 SALARIES AND EXPENSES

24 For necessary expenses of the Risk Management Agen25 cy, $74,829,000: Provided, That not to exceed $1,000 shall 
31 

•HR 2029 EAH 

1 be available for official reception and representation ex2 penses, as authorized by 7 U.S.C. 1506(i). 

3 CORPORATIONS 

4 The following corporations and agencies are hereby au5 thorized to make expenditures, within the limits of funds 

6 and borrowing authority available to each such corporation 

7 or agency and in accord with law, and to make contracts 

8 and commitments without regard to fiscal year limitations 

9 as provided by section 104 of the Government Corporation 

10 Control Act as may be necessary in carrying out the pro11 grams set forth in the budget for the current fiscal year for 

12 such corporation or agency, except as hereinafter provided. 

13 FEDERAL CROP INSURANCE CORPORATION FUND

14 For payments as authorized by section 516 of the Fed15 eral Crop Insurance Act (7 U.S.C. 1516), such sums as may 

16 be necessary, to remain available until expended. 

17 COMMODITY CREDIT CORPORATION FUND

18 REIMBURSEMENT FOR NET REALIZED LOSSES

19 (INCLUDING TRANSFERS OF FUNDS)

20 For the current fiscal year, such sums as may be nec21 essary to reimburse the Commodity Credit Corporation for 

22 net realized losses sustained, but not previously reimbursed, 

23 pursuant to section 2 of the Act of August 17, 1961 (15 

24 U.S.C. 713a–11): Provided, That of the funds available to 

25 the Commodity Credit Corporation under section 11 of the 
32 

•HR 2029 EAH 

1 Commodity Credit Corporation Charter Act (15 U.S.C. 

2 714i) for the conduct of its business with the Foreign Agri3 cultural Service, up to $5,000,000 may be transferred to 

4 and used by the Foreign Agricultural Service for informa5 tion resource management activities of the Foreign Agricul6 tural Service that are not related to Commodity Credit Cor7 poration business. 

8 HAZARDOUS WASTE MANAGEMENT

9 (LIMITATION ON EXPENSES)

10 For the current fiscal year, the Commodity Credit Cor11 poration shall not expend more than $5,000,000 for site in12 vestigation and cleanup expenses, and operations and 

13 maintenance expenses to comply with the requirement of 

14 section 107(g) of the Comprehensive Environmental Re15 sponse, Compensation, and Liability Act (42 U.S.C. 

16 9607(g)), and section 6001 of the Resource Conservation 

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

18 TITLE II 

19 CONSERVATION PROGRAMS 

20 OFFICE OF THE UNDER SECRETARY FOR NATURAL

21 RESOURCES AND ENVIRONMENT

22 For necessary expenses of the Office of the Under Sec23 retary for Natural Resources and Environment, $898,000. 
33 

•HR 2029 EAH 

1 NATURAL RESOURCES CONSERVATION SERVICE

2 CONSERVATION OPERATIONS

3 For necessary expenses for carrying out the provisions 

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

5 preparation of conservation plans and establishment of 

6 measures to conserve soil and water (including farm irriga7 tion and land drainage and such special measures for soil 

8 and water management as may be necessary to prevent 

9 floods and the siltation of reservoirs and to control agricul10 tural related pollutants); operation of conservation plant 

11 materials centers; classification and mapping of soil; dis12 semination of information; acquisition of lands, water, and 

13 interests therein for use in the plant materials program by 

14 donation, exchange, or purchase at a nominal cost not to 

15 exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 

16 428a); purchase and erection or alteration or improvement 

17 of permanent and temporary buildings; and operation and 

18 maintenance of aircraft, $850,856,000, to remain available 

19 until September 30, 2017: Provided, That appropriations 

20 hereunder shall be available pursuant to 7 U.S.C. 2250 for 

21 construction and improvement of buildings and public im22 provements at plant materials centers, except that the cost 

23 of alterations and improvements to other buildings and 

24 other public improvements shall not exceed $250,000: Pro25 vided further, That when buildings or other structures are 
34 

•HR 2029 EAH 

1 erected on non-Federal land, that the right to use such land 

2 is obtained as provided in 7 U.S.C. 2250a: Provided fur3 ther, That of the amounts made available under this head4 ing, $5,600,000, shall remain available until expended for 

5 the authorities under 16 U.S.C. 1001–1005 and 1007–1009 

6 for authorized ongoing watershed projects with a primary 

7 purpose of providing water to rural communities: Provided 

8 further, That of the amounts made available under this 

9 heading, $5,000,000 shall remain available until expended 

10 for the authorities under section 13 of the Flood Control 

11 Act of December 22, 1944 (Public Law 78–534) for author12 ized ongoing projects with a primary purpose of watershed 

13 protection by stabilizing stream channels, tributaries, and 

14 banks to reduce erosion and sediment transport. 

15 WATERSHED REHABILITATION PROGRAM

16 Under the authorities of section 14 of the Watershed 

17 Protection and Flood Prevention Act, $12,000,000 is pro18 vided. 

19 TITLE III 

20 RURAL DEVELOPMENT PROGRAMS 

21 OFFICE OF THE UNDER SECRETARY FOR RURAL

22 DEVELOPMENT

23 For necessary expenses of the Office of the Under Sec24 retary for Rural Development, $893,000. 
35 

•HR 2029 EAH 

1 RURAL DEVELOPMENT

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary expenses for carrying out the adminis5 tration and implementation of programs in the Rural De6 velopment mission area, including activities with institu7 tions concerning the development and operation of agricul8 tural cooperatives; and for cooperative agreements; 

9 $225,835,000: Provided, That no less than $19,500,000 shall 

10 be for the Comprehensive Loan Accounting System: Pro11 vided further, That notwithstanding any other provision of 

12 law, funds appropriated under this heading may be used 

13 for advertising and promotional activities that support the 

14 Rural Development mission area: Provided further, That 

15 any balances available from prior years for the Rural Utili16 ties Service, Rural Housing Service, and the Rural Busi17 ness–Cooperative Service salaries and expenses accounts 

18 shall be transferred to and merged with this appropriation. 

19 RURAL HOUSING SERVICE

20 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

21 (INCLUDING TRANSFERS OF FUNDS)

22 For gross obligations for the principal amount of di23 rect and guaranteed loans as authorized by title V of the 

24 Housing Act of 1949, to be available from funds in the rural 

25 housing insurance fund, as follows: $900,000,000 shall be 
36 

•HR 2029 EAH 

1 for direct loans and $24,000,000,000 shall be for unsub2 sidized guaranteed loans; $26,278,000 for section 504 hous3 ing repair loans; $28,398,000 for section 515 rental hous4 ing; $150,000,000 for section 538 guaranteed multi-family 

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

6 housing acquired property; $5,000,000 for section 523 self7 help housing land development loans; and $5,000,000 for 

8 section 524 site development loans. 

9 For the cost of direct and guaranteed loans, including 

10 the cost of modifying loans, as defined in section 502 of 

11 the Congressional Budget Act of 1974, as follows: section 

12 502 loans, $60,750,000 shall be for direct loans; section 504 

13 housing repair loans, $3,424,000; and repair, rehabilita14 tion, and new construction of section 515 rental housing, 

15 $8,414,000: Provided, That to support the loan program 

16 level for section 538 guaranteed loans made available under 

17 this heading the Secretary may charge or adjust any fees 

18 to cover the projected cost of such loan guarantees pursuant 

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

20 661 et seq.), and the interest on such loans may not be sub21 sidized: Provided further, That applicants in communities 

22 that have a current rural area waiver under section 541 

23 of the Housing Act of 1949 (42 U.S.C. 1490q) shall be treat24 ed as living in a rural area for purposes of section 502 

25 guaranteed loans provided under this heading: Provided 
37 

•HR 2029 EAH 

1 further, That of the amounts available under this para2 graph for section 502 direct loans, no less than $5,000,000 

3 shall be available for direct loans for individuals whose 

4 homes will be built pursuant to a program funded with a 

5 mutual and self-help housing grant authorized by section 

6 523 of the Housing Act of 1949 until June 1, 2016. 

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

8 contracts, as authorized by 42 U.S.C. 1484 and 1486, 

9 $15,125,000, to remain available until expended, for direct 

10 farm labor housing loans and domestic farm labor housing 

11 grants and contracts: Provided, That any balances avail12 able for the Farm Labor Program Account shall be trans13 ferred to and merged with this account. 

14 In addition, for administrative expenses necessary to 

15 carry out the direct and guaranteed loan programs, 

16 $417,854,000 shall be transferred to and merged with the 

17 appropriation for ‘‘Rural Development, Salaries and Ex18 penses’’. 

19 RENTAL ASSISTANCE PROGRAM

20 For rental assistance agreements entered into or re21 newed pursuant to the authority under section 521(a)(2) 

22 or agreements entered into in lieu of debt forgiveness or 

23 payments for eligible households as authorized by section 

24 502(c)(5)(D) of the Housing Act of 1949, $1,389,695,000; 

25 and in addition such sums as may be necessary, as author-
38 

•HR 2029 EAH 

1 ized by section 521(c) of the Act, to liquidate debt incurred 

2 prior to fiscal year 1992 to carry out the rental assistance 

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

4 rental assistance agreements entered into or renewed during 

5 the current fiscal year shall be funded for a one-year period: 

6 Provided further, That any unexpended balances remaining 

7 at the end of such one-year agreements may be transferred 

8 and used for purposes of any debt reduction; maintenance, 

9 repair, or rehabilitation of any existing projects; preserva10 tion; and rental assistance activities authorized under title 

11 V of the Act: Provided further, That rental assistance pro12 vided under agreements entered into prior to fiscal year 

13 2016 for a farm labor multi-family housing project financed 

14 under section 514 or 516 of the Act may not be recaptured 

15 for use in another project until such assistance has re16 mained unused for a period of 12 consecutive months, if 

17 such project has a waiting list of tenants seeking such as18 sistance or the project has rental assistance eligible tenants 

19 who are not receiving such assistance: Provided further, 

20 That such recaptured rental assistance shall, to the extent 

21 practicable, be applied to another farm labor multi-family 

22 housing project financed under section 514 or 516 of the 

23 Act: Provided further, That of the total amount provided, 

24 up to $75,000,000 shall be available until September 30, 

25 2017, for renewal of rental assistance agreements within the 
39 

•HR 2029 EAH 

1 12-month contract period: Provided further, That the Sec2 retary shall provide to the Committees on Appropriations 

3 of both Houses of Congress quarterly reports on the number 

4 of renewals approved pursuant to the preceding proviso, on 

5 the amount of rental assistance available, and the antici6 pated need for rental assistance for the remainder of the 

7 fiscal year: Provided further, That except as provided in 

8 the second proviso under this heading and notwithstanding 

9 any other provision of the Act, the Secretary may recapture 

10 rental assistance provided under agreements entered into 

11 prior to fiscal year 2016 for a project that the Secretary 

12 determines no longer needs rental assistance and use such 

13 recaptured funds for current needs as well as unmet rental 

14 assistance needs from fiscal year 2015. 

15 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM

16 ACCOUNT

17 For the rural housing voucher program as authorized 

18 under section 542 of the Housing Act of 1949, but notwith19 standing subsection (b) of such section, and for additional 

20 costs to conduct a demonstration program for the preserva21 tion and revitalization of multi-family rental housing prop22 erties described in this paragraph, $37,000,000, to remain 

23 available until expended: Provided, That of the funds made 

24 available under this heading, $15,000,000, shall be avail25 able for rural housing vouchers to any low-income household 
40 

•HR 2029 EAH 

1 (including those not receiving rental assistance) residing in 

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

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

4 the amount of such voucher shall be the difference between 

5 comparable market rent for the section 515 unit and the 

6 tenant paid rent for such unit: Provided further, That funds 

7 made available for such vouchers shall be subject to the 

8 availability of annual appropriations: Provided further, 

9 That the Secretary shall, to the maximum extent prac10 ticable, administer such vouchers with current regulations 

11 and administrative guidance applicable to section 8 hous12 ing vouchers administered by the Secretary of the Depart13 ment of Housing and Urban Development: Provided fur14 ther, That if the Secretary determines that the amount 

15 made available for vouchers in this or any other Act is not 

16 needed for vouchers, the Secretary may use such funds for 

17 the demonstration program for the preservation and revital18 ization of multi-family rental housing properties described 

19 in this paragraph: Provided further, That of the funds made 

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

21 for a demonstration program for the preservation and revi22 talization of the sections 514, 515, and 516 multi-family 

23 rental housing properties to restructure existing USDA 

24 multi-family housing loans, as the Secretary deems appro25 priate, expressly for the purposes of ensuring the project has 
41 

•HR 2029 EAH 

1 sufficient resources to preserve the project for the purpose 

2 of providing safe and affordable housing for low-income 

3 residents and farm laborers including reducing or elimi4 nating interest; deferring loan payments, subordinating, re5 ducing or reamortizing loan debt; and other financial as6 sistance including advances, payments and incentives (in7 cluding the ability of owners to obtain reasonable returns 

8 on investment) required by the Secretary: Provided further, 

9 That the Secretary shall as part of the preservation and 

10 revitalization agreement obtain a restrictive use agreement 

11 consistent with the terms of the restructuring: Provided fur12 ther, That if the Secretary determines that additional funds 

13 for vouchers described in this paragraph are needed, funds 

14 for the preservation and revitalization demonstration pro15 gram may be used for such vouchers: Provided further, That 

16 if Congress enacts legislation to permanently authorize a 

17 multi-family rental housing loan restructuring program 

18 similar to the demonstration program described herein, the 

19 Secretary may use funds made available for the demonstra20 tion program under this heading to carry out such legisla21 tion with the prior approval of the Committees on Appro22 priations of both Houses of Congress: Provided further, That 

23 in addition to any other available funds, the Secretary may 

24 expend not more than $1,000,000 total, from the program 
42 

•HR 2029 EAH 

1 funds made available under this heading, for administra2 tive expenses for activities funded under this heading. 

3 MUTUAL AND SELF-HELP HOUSING GRANTS

4 For grants and contracts pursuant to section 

5 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), 

6 $27,500,000, to remain available until expended. 

7 RURAL HOUSING ASSISTANCE GRANTS

8 For grants for very low-income housing repair and 

9 rural housing preservation made by the Rural Housing 

10 Service, as authorized by 42 U.S.C. 1474, and 1490m, 

11 $32,239,000, to remain available until expended. 

12 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

13 (INCLUDING TRANSFERS OF FUNDS)

14 For gross obligations for the principal amount of di15 rect and guaranteed loans as authorized by section 306 and 

16 described in section 381E(d)(1) of the Consolidated Farm 

17 and Rural Development Act, $2,200,000,000 for direct loans 

18 and $148,305,000 for guaranteed loans. 

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

20 modifying loans, as defined in section 502 of the Congres21 sional Budget Act of 1974, $3,500,000, to remain available 

22 until expended. 

23 For the cost of grants for rural community facilities 

24 programs as authorized by section 306 and described in sec25 tion 381E(d)(1) of the Consolidated Farm and Rural Devel-
43 

•HR 2029 EAH 

1 opment Act, $38,778,000, to remain available until ex2 pended: Provided, That $4,000,000 of the amount appro3 priated under this heading shall be available for a Rural 

4 Community Development Initiative: Provided further, That 

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

6 ability of private, nonprofit community-based housing and 

7 community development organizations, low-income rural 

8 communities, and Federally Recognized Native American 

9 Tribes to undertake projects to improve housing, community 

10 facilities, community and economic development projects in 

11 rural areas: Provided further, That such funds shall be 

12 made available to qualified private, nonprofit and public 

13 intermediary organizations proposing to carry out a pro14 gram of financial and technical assistance: Provided fur15 ther, That such intermediary organizations shall provide 

16 matching funds from other sources, including Federal funds 

17 for related activities, in an amount not less than funds pro18 vided: Provided further, That $5,778,000 of the amount ap19 propriated under this heading shall be to provide grants 

20 for facilities in rural communities with extreme unemploy21 ment and severe economic depression (Public Law 106– 

22 387), with up to 5 percent for administration and capacity 

23 building in the State rural development offices: Provided 

24 further, That $4,000,000 of the amount appropriated under 

25 this heading shall be available for community facilities 
44 

•HR 2029 EAH 

1 grants to tribal colleges, as authorized by section 306(a)(19) 

2 of such Act: Provided further, That sections 381E–H and 

3 381N of the Consolidated Farm and Rural Development Act 

4 are not applicable to the funds made available under this 

5 heading: Provided further, That for the purposes of deter6 mining eligibility or level of program assistance the Sec7 retary shall not include incarcerated prison populations. 

8 RURAL BUSINESS—COOPERATIVE SERVICE

9 RURAL BUSINESS PROGRAM ACCOUNT

10 (INCLUDING TRANSFERS OF FUNDS)

11 For the cost of loan guarantees and grants, for the 

12 rural business development programs authorized by section 

13 310B and described in subsections (a), (c), (f) and (g) of 

14 section 310B of the Consolidated Farm and Rural Develop15 ment Act, $62,687,000, to remain available until expended: 

16 Provided, That of the amount appropriated under this 

17 heading, not to exceed $500,000 shall be made available for 

18 one grant to a qualified national organization to provide 

19 technical assistance for rural transportation in order to 

20 promote economic development and $3,000,000 shall be for 

21 grants to the Delta Regional Authority (7 U.S.C. 2009aa 

22 et seq.) for any Rural Community Advancement Program 

23 purpose as described in section 381E(d) of the Consolidated 

24 Farm and Rural Development Act, of which not more than 

25 5 percent may be used for administrative expenses: Pro-
45 

•HR 2029 EAH 

1 vided further, That $4,000,000 of the amount appropriated 

2 under this heading shall be for business grants to benefit 

3 Federally Recognized Native American Tribes, including 

4 $250,000 for a grant to a qualified national organization 

5 to provide technical assistance for rural transportation in 

6 order to promote economic development: Provided further, 

7 That for purposes of determining eligibility or level of pro8 gram assistance the Secretary shall not include incarcerated 

9 prison populations: Provided further, That sections 381E– 

10 H and 381N of the Consolidated Farm and Rural Develop11 ment Act are not applicable to funds made available under 

12 this heading. 

13 INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT

14 (INCLUDING TRANSFER OF FUNDS)

15 For the principal amount of direct loans, as authorized 

16 by the Intermediary Relending Program Fund Account (7 

17 U.S.C. 1936b), $18,889,000. 

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

19 by the Intermediary Relending Program Fund Account (7 

20 U.S.C. 1936b), of which $531,000 shall be available through 

21 June 30, 2016, for Federally Recognized Native American 

22 Tribes; and of which $1,021,000 shall be available through 

23 June 30, 2016, for Mississippi Delta Region counties (as 

24 determined in accordance with Public Law 100–460): Pro25 vided, That such costs, including the cost of modifying such 
46 

•HR 2029 EAH 

1 loans, shall be as defined in section 502 of the Congressional 

2 Budget Act of 1974. 

3 In addition, for administrative expenses to carry out 

4 the direct loan programs, $4,468,000 shall be transferred 

5 to and merged with the appropriation for ‘‘Rural Develop6 ment, Salaries and Expenses’’. 

7 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

8 ACCOUNT

9 (INCLUDING RESCISSION OF FUNDS)

10 For the principal amount of direct loans, as authorized 

11 under section 313 of the Rural Electrification Act, for the 

12 purpose of promoting rural economic development and job 

13 creation projects, $33,077,000. 

14 Of the funds derived from interest on the cushion of 

15 credit payments, as authorized by section 313 of the Rural 

16 Electrification Act of 1936, $179,000,000 shall not be obli17 gated and $179,000,000 are rescinded. 

18 RURAL COOPERATIVE DEVELOPMENT GRANTS

19 For rural cooperative development grants authorized 

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

21 Development Act (7 U.S.C. 1932), $22,050,000, of which 

22 $2,500,000 shall be for cooperative agreements for the ap23 propriate technology transfer for rural areas program: Pro24 vided, That not to exceed $3,000,000 shall be for grants for 

25 cooperative development centers, individual cooperatives, or 
47 

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1 groups of cooperatives that serve socially disadvantaged 

2 groups and a majority of the boards of directors or gov3 erning boards of which are comprised of individuals who 

4 are members of socially disadvantaged groups; and of which 

5 $10,750,000, to remain available until expended, shall be 

6 for value-added agricultural product market development 

7 grants, as authorized by section 231 of the Agricultural 

8 Risk Protection Act of 2000 (7 U.S.C. 1632a). 

9 RURAL ENERGY FOR AMERICA PROGRAM

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

11 the same terms and conditions as authorized by section 

12 9007 of the Farm Security and Rural Investment Act of 

13 2002 (7 U.S.C. 8107), $500,000: Provided, That the cost 

14 of loan guarantees, including the cost of modifying such 

15 loans, shall be as defined in section 502 of the Congressional 

16 Budget Act of 1974. 

17 RURAL UTILITIES SERVICE

18 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

19 (INCLUDING TRANSFERS OF FUNDS)

20 For the cost of direct loans, loan guarantees, and 

21 grants for the rural water, waste water, waste disposal, and 

22 solid waste management programs authorized by sections 

23 306, 306A, 306C, 306D, 306E, and 310B and described in 

24 sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the 

25 Consolidated Farm and Rural Development Act, 
48 

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1 $522,365,000, to remain available until expended, of which 

2 not to exceed $1,000,000 shall be available for the rural util3 ities program described in section 306(a)(2)(B) of such Act, 

4 and of which not to exceed $993,000 shall be available for 

5 the rural utilities program described in section 306E of 

6 such Act: Provided, That not to exceed $10,000,000 of the 

7 amount appropriated under this heading shall be for grants 

8 authorized by section 306A(i)(2) of the Consolidated Farm 

9 and Rural Development Act in addition to funding author10 ized by section 306A(i)(1) of such Act: Provided further, 

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

12 heading shall be for loans and grants including water and 

13 waste disposal systems grants authorized by section 

14 306C(a)(2)(B) and section 306D of the Consolidated Farm 

15 and Rural Development Act, and Federally Recognized Na16 tive American Tribes authorized by 306C(a)(1): Provided 

17 further, That funding provided for section 306D of the Con18 solidated Farm and Rural Development Act may be pro19 vided to a consortium formed pursuant to section 325 of 

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

21 2 percent of the funding provided for section 306D of the 

22 Consolidated Farm and Rural Development Act may be 

23 used by the State of Alaska for training and technical as24 sistance programs and not more than 2 percent of the fund25 ing provided for section 306D of the Consolidated Farm and 
49 

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1 Rural Development Act may be used by a consortium 

2 formed pursuant to section 325 of Public Law 105–83 for 

3 training and technical assistance programs: Provided fur4 ther, That not to exceed $20,000,000 of the amount appro5 priated under this heading shall be for technical assistance 

6 grants for rural water and waste systems pursuant to sec7 tion 306(a)(14) of such Act, unless the Secretary makes a 

8 determination of extreme need, of which $6,500,000 shall 

9 be made available for a grant to a qualified nonprofit 

10 multi-State regional technical assistance organization, with 

11 experience in working with small communities on water 

12 and waste water problems, the principal purpose of such 

13 grant shall be to assist rural communities with populations 

14 of 3,300 or less, in improving the planning, financing, de15 velopment, operation, and management of water and waste 

16 water systems, and of which not less than $800,000 shall 

17 be for a qualified national Native American organization 

18 to provide technical assistance for rural water systems for 

19 tribal communities: Provided further, That not to exceed 

20 $16,397,000 of the amount appropriated under this heading 

21 shall be for contracting with qualified national organiza22 tions for a circuit rider program to provide technical assist23 ance for rural water systems: Provided further, That not 

24 to exceed $4,000,000 shall be for solid waste management 

25 grants: Provided further, That $10,000,000 of the amount 
50 

•HR 2029 EAH 

1 appropriated under this heading shall be transferred to, and 

2 merged with, the Rural Utilities Service, High Energy Cost 

3 Grants Account to provide grants authorized under section 

4 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): 

5 Provided further, That any prior year balances for high6 energy cost grants authorized by section 19 of the Rural 

7 Electrification Act of 1936 (7 U.S.C. 918a) shall be trans8 ferred to and merged with the Rural Utilities Service, High 

9 Energy Cost Grants Account: Provided further, That sec10 tions 381E–H and 381N of the Consolidated Farm and 

11 Rural Development Act are not applicable to the funds 

12 made available under this heading. 

13 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

14 LOANS PROGRAM ACCOUNT

15 (INCLUDING TRANSFER OF FUNDS)

16 The principal amount of direct and guaranteed loans 

17 as authorized by sections 305 and 306 of the Rural Elec18 trification Act of 1936 (7 U.S.C. 935 and 936) shall be 

19 made as follows: loans made pursuant to section 306 of that 

20 Act, rural electric, $5,500,000,000; guaranteed under21 writing loans pursuant to section 313A, $750,000,000; 5 

22 percent rural telecommunications loans, cost of money rural 

23 telecommunications loans, and for loans made pursuant to 

24 section 306 of that Act, rural telecommunications loans, 

25 $690,000,000: Provided, That up to $2,000,000,000 shall be 
51 

•HR 2029 EAH 

1 used for the construction, acquisition, or improvement of 

2 fossil-fueled electric generating plants (whether new or ex3 isting) that utilize carbon sequestration systems. 

4 For the cost of direct loans as authorized by section 

5 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935), 

6 including the cost of modifying loans, as defined in section 

7 502 of the Congressional Budget Act of 1974, cost of money 

8 rural telecommunications loans, $104,000. 

9 In addition, for administrative expenses necessary to 

10 carry out the direct and guaranteed loan programs, 

11 $34,707,000, which shall be transferred to and merged with 

12 the appropriation for ‘‘Rural Development, Salaries and 

13 Expenses’’. 

14 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

15 PROGRAM

16 For the principal amount of broadband telecommuni17 cation loans, $20,576,000. 

18 For grants for telemedicine and distance learning serv19 ices in rural areas, as authorized by 7 U.S.C. 950aaa et 

20 seq., $22,000,000, to remain available until expended: Pro21 vided, That $3,000,000 shall be made available for grants 

22 authorized by 379G of the Consolidated Farm and Rural 

23 Development Act: Provided further, That funding provided 

24 under this heading for grants under 379G of the Consoli25 dated Farm and Rural Development Act may only be pro-
52 

•HR 2029 EAH 

1 vided to entities that meet all of the eligibility criteria for 

2 a consortium as established by this section. 

3 For the cost of broadband loans, as authorized by sec4 tion 601 of the Rural Electrification Act, $4,500,000, to re5 main available until expended: Provided, That the cost of 

6 direct loans shall be as defined in section 502 of the Con7 gressional Budget Act of 1974. 

8 In addition, $10,372,000, to remain available until ex9 pended, for a grant program to finance broadband trans10 mission in rural areas eligible for Distance Learning and 

11 Telemedicine Program benefits authorized by 7 U.S.C. 

12 950aaa. 

13 TITLE IV 

14 DOMESTIC FOOD PROGRAMS 

15 OFFICE OF THE UNDER SECRETARY FOR FOOD, 

16 NUTRITION, AND CONSUMER SERVICES

17 For necessary expenses of the Office of the Under Sec18 retary for Food, Nutrition, and Consumer Services, 

19 $811,000. 

20 FOOD AND NUTRITION SERVICE

21 CHILD NUTRITION PROGRAMS

22 (INCLUDING TRANSFERS OF FUNDS)

23 For necessary expenses to carry out the Richard B. 

24 Russell National School Lunch Act (42 U.S.C. 1751 et seq.), 

25 except section 21, and the Child Nutrition Act of 1966 (42 
53 

•HR 2029 EAH 

1 U.S.C. 1771 et seq.), except sections 17 and 21; 

2 $22,149,746,000 to remain available through September 30, 

3 2017, of which such sums as are made available under sec4 tion 14222(b)(1) of the Food, Conservation, and Energy Act 

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

6 shall be merged with and available for the same time period 

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

8 amount available, $17,004,000 shall be available to carry 

9 out section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 

10 1771 et seq.): Provided further, That of the total amount 

11 available, $25,000,000 shall be available to provide competi12 tive grants to State agencies for subgrants to local edu13 cational agencies and schools to purchase the equipment 

14 needed to serve healthier meals, improve food safety, and 

15 to help support the establishment, maintenance, or expan16 sion of the school breakfast program: Provided further, That 

17 of the total amount available, $16,000,000 shall remain 

18 available until expended to carry out section 749(g) of the 

19 Agriculture Appropriations Act of 2010 (Public Law 111– 

20 80): Provided further, That section 26(d) of the Richard B. 

21 Russell National School Lunch Act (42 U.S.C. 1769g(d)) 

22 is amended in the first sentence by striking ‘‘2010 through 

23 2015’’ and inserting ‘‘2010 through 2016’’. 
54 

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1 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

2 WOMEN, INFANTS, AND CHILDREN (WIC)

3 For necessary expenses to carry out the special supple4 mental nutrition program as authorized by section 17 of 

5 the Child Nutrition Act of 1966 (42 U.S.C. 1786), 

6 $6,350,000,000, to remain available through September 30, 

7 2017: Provided, That notwithstanding section 17(h)(10) of 

8 the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), 

9 not less than $60,000,000 shall be used for breastfeeding 

10 peer counselors and other related activities, and 

11 $13,600,000 shall be used for infrastructure: Provided fur12 ther, That none of the funds provided in this account shall 

13 be available for the purchase of infant formula except in 

14 accordance with the cost containment and competitive bid15 ding requirements specified in section 17 of such Act: Pro16 vided further, That none of the funds provided shall be 

17 available for activities that are not fully reimbursed by 

18 other Federal Government departments or agencies unless 

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

20 upon termination of a federally mandated vendor morato21 rium and subject to terms and conditions established by the 

22 Secretary, the Secretary may waive the requirement at 7 

23 CFR 246.12(g)(6) at the request of a State agency. 
55 

•HR 2029 EAH 

1 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

2 For necessary expenses to carry out the Food and Nu3 trition Act of 2008 (7 U.S.C. 2011 et seq.), $80,849,383,000, 

4 of which $3,000,000,000, to remain available through De5 cember 31, 2017, shall be placed in reserve for use only in 

6 such amounts and at such times as may become necessary 

7 to carry out program operations: Provided, That funds 

8 available for the contingency reserve under the heading 

9 ‘‘Supplemental Nutrition Assistance Program’’ of division 

10 A of Public Law 113–235 shall be available until December 

11 31, 2016: Provided further, That funds provided herein 

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

13 and Nutrition Act of 2008: Provided further, That of the 

14 funds made available under this heading, $998,000 may be 

15 used to provide nutrition education services to State agen16 cies and Federally Recognized Tribes participating in the 

17 Food Distribution Program on Indian Reservations: Pro18 vided further, That this appropriation shall be subject to 

19 any work registration or workfare requirements as may be 

20 required by law: Provided further, That funds made avail21 able for Employment and Training under this heading 

22 shall remain available through September 30, 2017: Pro23 vided further, That funds made available under this head24 ing for section 28(d)(1) and section 27(a) of the Food and 

25 Nutrition Act of 2008 shall remain available through Sep-
56 

•HR 2029 EAH 

1 tember 30, 2017: Provided further, That funds made avail2 able under this heading may be used to enter into contracts 

3 and employ staff to conduct studies, evaluations, or to con4 duct activities related to program integrity provided that 

5 such activities are authorized by the Food and Nutrition 

6 Act of 2008. 

7 COMMODITY ASSISTANCE PROGRAM

8 For necessary expenses to carry out disaster assistance 

9 and the Commodity Supplemental Food Program as au10 thorized by section 4(a) of the Agriculture and Consumer 

11 Protection Act of 1973 (7 U.S.C. 612c note); the Emergency 

12 Food Assistance Act of 1983; special assistance for the nu13 clear affected islands, as authorized by section 103(f)(2) of 

14 the Compact of Free Association Amendments Act of 2003 

15 (Public Law 108–188); and the Farmers’ Market Nutrition 

16 Program, as authorized by section 17(m) of the Child Nutri17 tion Act of 1966, $296,217,000, to remain available through 

18 September 30, 2017: Provided, That none of these funds 

19 shall be available to reimburse the Commodity Credit Cor20 poration for commodities donated to the program: Provided 

21 further, That notwithstanding any other provision of law, 

22 effective with funds made available in fiscal year 2016 to 

23 support the Seniors Farmers’ Market Nutrition Program, 

24 as authorized by section 4402 of the Farm Security and 

25 Rural Investment Act of 2002, such funds shall remain 
57 

•HR 2029 EAH 

1 available through September 30, 2017: Provided further, 

2 That of the funds made available under section 27(a) of 

3 the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)), 

4 the Secretary may use up to 10 percent for costs associated 

5 with the distribution of commodities. 

6 NUTRITION PROGRAMS ADMINISTRATION

7 For necessary administrative expenses of the Food and 

8 Nutrition Service for carrying out any domestic nutrition 

9 assistance program, $150,824,000: Provided, That of the 

10 funds provided herein, $2,000,000 shall be used for the pur11 poses of section 4404 of Public Law 107–171, as amended 

12 by section 4401 of Public Law 110–246. 

13 TITLE V 

14 FOREIGN ASSISTANCE AND RELATED PROGRAMS 

15 FOREIGN AGRICULTURAL SERVICE

16 SALARIES AND EXPENSES

17 (INCLUDING TRANSFERS OF FUNDS)

18 For necessary expenses of the Foreign Agricultural 

19 Service, including not to exceed $250,000 for representation 

20 allowances and for expenses pursuant to section 8 of the 

21 Act approved August 3, 1956 (7 U.S.C. 1766), 

22 $191,566,000: Provided, That the Service may utilize ad23 vances of funds, or reimburse this appropriation for expend24 itures made on behalf of Federal agencies, public and pri25 vate organizations and institutions under agreements exe-
58 

•HR 2029 EAH 

1 cuted pursuant to the agricultural food production assist2 ance programs (7 U.S.C. 1737) and the foreign assistance 

3 programs of the United States Agency for International De4 velopment: Provided further, That funds made available for 

5 middle-income country training programs, funds made 

6 available for the Borlaug International Agricultural 

7 Science and Technology Fellowship program, and up to 

8 $2,000,000 of the Foreign Agricultural Service appropria9 tion solely for the purpose of offsetting fluctuations in inter10 national currency exchange rates, subject to documentation 

11 by the Foreign Agricultural Service, shall remain available 

12 until expended. 

13 FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR

14 PROGRESS PROGRAM ACCOUNT

15 (INCLUDING TRANSFER OF FUNDS)

16 For administrative expenses to carry out the credit 

17 program of title I, Food for Peace Act (Public Law 83– 

18 480) and the Food for Progress Act of 1985, $2,528,000, 

19 shall be transferred to and merged with the appropriation 

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

21 FOOD FOR PEACE TITLE II GRANTS

22 For expenses during the current fiscal year, not other23 wise recoverable, and unrecovered prior years’ costs, includ24 ing interest thereon, under the Food for Peace Act (Public 

25 Law 83–480), for commodities supplied in connection with 
59 

•HR 2029 EAH 

1 dispositions abroad under title II of said Act, 

2 $1,466,000,000, to remain available until expended. 

3 MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

4 AND CHILD NUTRITION PROGRAM GRANTS

5 For necessary expenses to carry out the provisions of 

6 section 3107 of the Farm Security and Rural Investment 

7 Act of 2002 (7 U.S.C. 1736o–1), $201,626,000, to remain 

8 available until expended: Provided, That the Commodity 

9 Credit Corporation is authorized to provide the services, fa10 cilities, and authorities for the purpose of implementing 

11 such section, subject to reimbursement from amounts pro12 vided herein: Provided further, That of the amount made 

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

14 available until expended for necessary expenses to carry out 

15 the provisions of section 3207 of the Agricultural Act of 

16 2014 (7 U.S.C. 1726c). 

17 COMMODITY CREDIT CORPORATION EXPORT (LOANS)

18 CREDIT GUARANTEE PROGRAM ACCOUNT

19 (INCLUDING TRANSFERS OF FUNDS)

20 For administrative expenses to carry out the Com21 modity Credit Corporation’s Export Guarantee Program, 

22 GSM 102 and GSM 103, $6,748,000; to cover common over23 head expenses as permitted by section 11 of the Commodity 

24 Credit Corporation Charter Act and in conformity with the 

25 Federal Credit Reform Act of 1990, of which $6,394,000 
60 

•HR 2029 EAH 

1 shall be transferred to and merged with the appropriation 

2 for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, 

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

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

5 and Expenses’’. 

6 TITLE VI 

7 RELATED AGENCIES AND FOOD AND DRUG 

8 ADMINISTRATION 

9 DEPARTMENT OF HEALTH AND HUMAN SERVICES

10 FOOD AND DRUG ADMINISTRATION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Food and Drug Adminis13 tration, including hire and purchase of passenger motor ve14 hicles; for payment of space rental and related costs pursu15 ant to Public Law 92–313 for programs and activities of 

16 the Food and Drug Administration which are included in 

17 this Act; for rental of special purpose space in the District 

18 of Columbia or elsewhere; for miscellaneous and emergency 

19 expenses of enforcement activities, authorized and approved 

20 by the Secretary and to be accounted for solely on the Sec21 retary’s certificate, not to exceed $25,000; and notwith22 standing section 521 of Public Law 107–188; 

23 $4,681,392,000: Provided, That of the amount provided 

24 under this heading, $851,481,000 shall be derived from pre25 scription drug user fees authorized by 21 U.S.C. 379h, and 
61 

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1 shall be credited to this account and remain available until 

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

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

4 to this account and remain available until expended; 

5 $318,363,000 shall be derived from human generic drug 

6 user fees authorized by 21 U.S.C. 379j–42, and shall be 

7 credited to this account and remain available until ex8 pended; $21,540,000 shall be derived from biosimilar bio9 logical product user fees authorized by 21 U.S.C. 379j–52, 

10 and shall be credited to this account and remain available 

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

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

13 be credited to this account and remain available until ex14 pended; $9,705,000 shall be derived from animal generic 

15 drug user fees authorized by 21 U.S.C. 379j–21, and shall 

16 be credited to this account and remain available until ex17 pended; $599,000,000 shall be derived from tobacco product 

18 user fees authorized by 21 U.S.C. 387s, and shall be credited 

19 to this account and remain available until expended: Pro20 vided further, That in addition to and notwithstanding any 

21 other provision under this heading, amounts collected for 

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

23 generic drug user fees, biosimilar biological product user 

24 fees, animal drug user fees, and animal generic drug user 

25 fees that exceed the respective fiscal year 2016 limitations 
62 

•HR 2029 EAH 

1 are appropriated and shall be credited to this account and 

2 remain available until expended: Provided further, That 

3 fees derived from prescription drug, medical device, human 

4 generic drug, biosimilar biological product, animal drug, 

5 and animal generic drug assessments for fiscal year 2016, 

6 including any such fees collected prior to fiscal year 2016 

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

8 year 2016 limitations: Provided further, That the Secretary 

9 may accept payment during fiscal year 2016 of user fees 

10 specified under this heading and authorized for fiscal year 

11 2017, prior to the due date for such fees, and that amounts 

12 of such fees assessed for fiscal year 2017 for which the Sec13 retary accepts payment in fiscal year 2016 shall not be in14 cluded in amounts under this heading: Provided further, 

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

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

17 9701: Provided further, That of the total amount appro18 priated: (1) $987,328,000 shall be for the Center for Food 

19 Safety and Applied Nutrition and related field activities 

20 in the Office of Regulatory Affairs; (2) $1,394,136,000 shall 

21 be for the Center for Drug Evaluation and Research and 

22 related field activities in the Office of Regulatory Affairs; 

23 (3) $354,901,000 shall be for the Center for Biologics Eval24 uation and Research and for related field activities in the 

25 Office of Regulatory Affairs; (4) $187,825,000 shall be for 
63 

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1 the Center for Veterinary Medicine and for related field ac2 tivities in the Office of Regulatory Affairs; (5) $430,443,000 

3 shall be for the Center for Devices and Radiological Health 

4 and for related field activities in the Office of Regulatory 

5 Affairs; (6) $63,331,000 shall be for the National Center for 

6 Toxicological Research; (7) $564,117,000 shall be for the 

7 Center for Tobacco Products and for related field activities 

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

9 $171,418,000 shall be for Rent and Related activities, of 

10 which $52,346,000 is for White Oak Consolidation, other 

11 than the amounts paid to the General Services Administra12 tion for rent; (9) not to exceed $238,274,000 shall be for 

13 payments to the General Services Administration for rent; 

14 and (10) $289,619,000 shall be for other activities, includ15 ing the Office of the Commissioner of Food and Drugs, the 

16 Office of Foods and Veterinary Medicine, the Office of Med17 ical and Tobacco Products, the Office of Global and Regu18 latory Policy, the Office of Operations, the Office of the 

19 Chief Scientist, and central services for these offices: Pro20 vided further, That not to exceed $25,000 of this amount 

21 shall be for official reception and representation expenses, 

22 not otherwise provided for, as determined by the Commis23 sioner: Provided further, That any transfer of funds pursu24 ant to section 770(n) of the Federal Food, Drug, and Cos25 metic Act (21 U.S.C. 379dd(n)) shall only be from amounts 
64 

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1 made available under this heading for other activities: Pro2 vided further, That of the amounts that are made available 

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

4 derived from user fees, $1,500,000 shall be transferred to 

5 and merged with the appropriation for ‘‘Department of 

6 Health and Human Services—Office of Inspector General’’ 

7 for oversight of the programs and operations of the Food 

8 and Drug Administration and shall be in addition to funds 

9 otherwise made available for oversight of the Food and Drug 

10 Administration: Provided further, That funds may be 

11 transferred from one specified activity to another with the 

12 prior approval of the Committees on Appropriations of both 

13 Houses of Congress. 

14 In addition, mammography user fees authorized by 42 

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

16 U.S.C. 381, priority review user fees authorized by 21 

17 U.S.C. 360n and 360ff, food and feed recall fees, food rein18 spection fees, and voluntary qualified importer program 

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

20 fees authorized by 21 U.S.C. 379j–62, prescription drug 

21 wholesale distributor licensing and inspection fees author22 ized by 21 U.S.C. 353(e)(3), and third-party logistics pro23 vider licensing and inspection fees authorized by 21 U.S.C. 

24 360eee–3(c)(1), and third-party auditor fees authorized by 
65 

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1 21 U.S.C. 384d(c)(8), shall be credited to this account, to 

2 remain available until expended. 

3 BUILDINGS AND FACILITIES

4 For plans, construction, repair, improvement, exten5 sion, alteration, and purchase of fixed equipment or facili6 ties of or used by the Food and Drug Administration, where 

7 not otherwise provided, $8,788,000, to remain available 

8 until expended. 

9 INDEPENDENT AGENCIES 

10 COMMODITY FUTURES TRADING COMMISSION

11 For necessary expenses to carry out the provisions of 

12 the Commodity Exchange Act (7 U.S.C. 1 et seq.), including 

13 the purchase and hire of passenger motor vehicles, and the 

14 rental of space (to include multiple year leases), in the Dis15 trict of Columbia and elsewhere, $250,000,000, including 

16 not to exceed $3,000 for official reception and representa17 tion expenses, and not to exceed $25,000 for the expenses 

18 for consultations and meetings hosted by the Commission 

19 with foreign governmental and other regulatory officials, of 

20 which not less than $50,000,000, to remain available until 

21 September 30, 2017, shall be for the purchase of information 

22 technology and of which not less than $2,620,000 shall be 

23 for expenses of the Office of the Inspector General: Provided, 

24 That notwithstanding the limitations in 31 U.S.C. 1553, 

25 amounts provided under this heading are available for the 
66 

•HR 2029 EAH 

1 liquidation of obligations equal to current year payments 

2 on leases entered into prior to the date of enactment of this 

3 Act: Provided further, That for the purpose of recording any 

4 obligations that should have been recorded against accounts 

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

6 reopened solely for the purpose of correcting any violations 

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

8 to 31 U.S.C. 1552(a) in any accounts reopened pursuant 

9 to this authority shall remain unavailable to liquidate any 

10 outstanding obligations. 

11 FARM CREDIT ADMINISTRATION

12 LIMITATION ON ADMINISTRATIVE EXPENSES

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

14 from farm credit institutions, including the Federal Agri15 cultural Mortgage Corporation) shall be obligated during 

16 the current fiscal year for administrative expenses as au17 thorized under 12 U.S.C. 2249: Provided, That this limita18 tion shall not apply to expenses associated with receiver19 ships: Provided further, That the agency may exceed this 

20 limitation by up to 10 percent with notification to the Com21 mittees on Appropriations of both Houses of Congress. 
67 

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1 TITLE VII 

2 GENERAL PROVISIONS 

3 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

4 SEC. 701. Within the unit limit of cost fixed by law, 

5 appropriations and authorizations made for the Depart6 ment of Agriculture for the current fiscal year under this 

7 Act shall be available for the purchase, in addition to those 

8 specifically provided for, of not to exceed 71 passenger 

9 motor vehicles of which 68 shall be for replacement only, 

10 and for the hire of such vehicles: Provided, That notwith11 standing this section, the only purchase of new passenger 

12 vehicles shall be for those determined by the Secretary to 

13 be necessary for transportation safety, to reduce operational 

14 costs, and for the protection of life, property, and public 

15 safety. 

16 SEC. 702. Notwithstanding any other provision of this 

17 Act, the Secretary of Agriculture may transfer unobligated 

18 balances of discretionary funds appropriated by this Act 

19 or any other available unobligated discretionary balances 

20 that are remaining available of the Department of Agri21 culture to the Working Capital Fund for the acquisition of 

22 plant and capital equipment necessary for the delivery of 

23 financial, administrative, and information technology serv24 ices of primary benefit to the agencies of the Department 

25 of Agriculture, such transferred funds to remain available 
68 

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1 until expended: Provided, That none of the funds made 

2 available by this Act or any other Act shall be transferred 

3 to the Working Capital Fund without the prior approval 

4 of the agency administrator: Provided further, That none 

5 of the funds transferred to the Working Capital Fund pur6 suant to this section shall be available for obligation with7 out written notification to and the prior approval of the 

8 Committees on Appropriations of both Houses of Congress: 

9 Provided further, That none of the funds appropriated by 

10 this Act or made available to the Department’s Working 

11 Capital Fund shall be available for obligation or expendi12 ture to make any changes to the Department’s National Fi13 nance Center without written notification to and prior ap14 proval of the Committees on Appropriations of both Houses 

15 of Congress as required by section 717 of this Act: Provided 

16 further, That of annual income amounts in the Working 

17 Capital Fund of the Department of Agriculture allocated 

18 for the National Finance Center, the Secretary may reserve 

19 not more than 4 percent for the replacement or acquisition 

20 of capital equipment, including equipment for the improve21 ment and implementation of a financial management plan, 

22 information technology, and other systems of the National 

23 Finance Center or to pay any unforeseen, extraordinary 

24 cost of the National Finance Center: Provided further, That 

25 none of the amounts reserved shall be available for obliga-
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1 tion unless the Secretary submits written notification of the 

2 obligation to the Committees on Appropriations of both 

3 Houses of Congress: Provided further, That the limitation 

4 on the obligation of funds pending notification to Congres5 sional Committees shall not apply to any obligation that, 

6 as determined by the Secretary, is necessary to respond to 

7 a declared state of emergency that significantly impacts the 

8 operations of the National Finance Center; or to evacuate 

9 employees of the National Finance Center to a safe haven 

10 to continue operations of the National Finance Center. 

11 SEC. 703. No part of any appropriation contained in 

12 this Act shall remain available for obligation beyond the 

13 current fiscal year unless expressly so provided herein. 

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

15 used to pay negotiated indirect cost rates on cooperative 

16 agreements or similar arrangements between the United 

17 States Department of Agriculture and nonprofit institu18 tions in excess of 10 percent of the total direct cost of the 

19 agreement when the purpose of such cooperative arrange20 ments is to carry out programs of mutual interest between 

21 the two parties. This does not preclude appropriate pay22 ment of indirect costs on grants and contracts with such 

23 institutions when such indirect costs are computed on a 

24 similar basis for all agencies for which appropriations are 

25 provided in this Act. 
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1 SEC. 705. Appropriations to the Department of Agri2 culture for the cost of direct and guaranteed loans made 

3 available in the current fiscal year shall remain available 

4 until expended to disburse obligations made in the current 

5 fiscal year for the following accounts: the Rural Develop6 ment Loan Fund program account, the Rural Electrifica7 tion and Telecommunication Loans program account, and 

8 the Rural Housing Insurance Fund program account. 

9 SEC. 706. None of the funds made available to the De10 partment of Agriculture by this Act may be used to acquire 

11 new information technology systems or significant up12 grades, as determined by the Office of the Chief Information 

13 Officer, without the approval of the Chief Information Offi14 cer and the concurrence of the Executive Information Tech15 nology Investment Review Board: Provided, That notwith16 standing any other provision of law, none of the funds ap17 propriated or otherwise made available by this Act may be 

18 transferred to the Office of the Chief Information Officer 

19 without written notification to and the prior approval of 

20 the Committees on Appropriations of both Houses of Con21 gress: Provided further, That, notwithstanding section 

22 11319 of title 40, United States Code, none of the funds 

23 available to the Department of Agriculture for information 

24 technology shall be obligated for projects, contracts, or other 

25 agreements over $25,000 prior to receipt of written ap-
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1 proval by the Chief Information Officer: Provided further, 

2 That the Chief Information Officer may authorize an agen3 cy to obligate funds without written approval from the 

4 Chief Information Officer for projects, contracts, or other 

5 agreements up to $250,000 based upon the performance of 

6 an agency measured against the performance plan require7 ments described in the explanatory statement accom8 panying Public Law 113–235. 

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

10 of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in 

11 the current fiscal year shall remain available until ex12 pended to disburse obligations made in the current fiscal 

13 year. 

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

15 any former RUS borrower that has repaid or prepaid an 

16 insured, direct or guaranteed loan under the Rural Elec17 trification Act of 1936, or any not-for-profit utility that 

18 is eligible to receive an insured or direct loan under such 

19 Act, shall be eligible for assistance under section 

20 313(b)(2)(B) of such Act in the same manner as a borrower 

21 under such Act. 

22 SEC. 709. Except as otherwise specifically provided by 

23 law, not more than $20,000,000 in unobligated balances 

24 from appropriations made available for salaries and ex25 penses in this Act for the Farm Service Agency shall remain 
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1 available through September 30, 2017, for information tech2 nology expenses: Provided, That except as otherwise specifi3 cally provided by law, unobligated balances from appro4 priations made available for salaries and expenses in this 

5 Act for the Rural Development mission area shall remain 

6 available through September 30, 2017, for information tech7 nology expenses. 

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

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

10 by the employees of agencies funded by this Act in con11 travention of sections 301–10.122 through 301–10.124 of 

12 title 41, Code of Federal Regulations. 

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

14 amended by the Agricultural Act of 2014 (Public Law 113– 

15 79), other than by title I or subtitle A of title III of such 

16 Act, or programs for which indefinite amounts were pro17 vided in that Act, that is authorized or required to be car18 ried out using funds of the Commodity Credit Corpora19 tion— 

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

21 related administrative expenses, including technical 

22 assistance, associated with the implementation of the 

23 program, without regard to the limitation on the total 

24 amount of allotments and fund transfers contained in 
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1 section 11 of the Commodity Credit Corporation 

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

3 (2) the use of such funds for such purpose shall 

4 not be considered to be a fund transfer or allotment 

5 for purposes of applying the limitation on the total 

6 amount of allotments and fund transfers contained in 

7 such section. 

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

9 more than $2,000,000 shall be used to cover necessary ex10 penses of activities related to all advisory committees, pan11 els, commissions, and task forces of the Department of Agri12 culture, except for panels used to comply with negotiated 

13 rule makings and panels used to evaluate competitively 

14 awarded grants. 

15 SEC. 713. None of the funds in this Act shall be avail16 able to pay indirect costs charged against any agricultural 

17 research, education, or extension grant awards issued by the 

18 National Institute of Food and Agriculture that exceed 30 

19 percent of total Federal funds provided under each award: 

20 Provided, That notwithstanding section 1462 of the Na21 tional Agricultural Research, Extension, and Teaching Pol22 icy Act of 1977 (7 U.S.C. 3310), funds provided by this 

23 Act for grants awarded competitively by the National Insti24 tute of Food and Agriculture shall be available to pay full 
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1 allowable indirect costs for each grant awarded under sec2 tion 9 of the Small Business Act (15 U.S.C. 638). 

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

4 made available by this or any other Act shall be used to 

5 pay the salaries and expenses of personnel to carry out the 

6 following: 

7 (1) The Watershed Rehabilitation program au8 thorized by section 14(h)(1) of the Watershed and 

9 Flood Protection Act (16 U.S.C. 1012(h)(1)); 

10 (2) The Environmental Quality Incentives Pro11 gram as authorized by sections 1240–1240H of the 

12 Food Security Act of 1985 (16 U.S.C. 3839aa– 

13 3839aa–8) in excess of $1,329,000,000: Provided, 

14 That this limitation shall apply only to funds pro15 vided by section 1241(a)(5)(C) of the Food Security 

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

17 (3) The Biomass Crop Assistance Program au18 thorized by section 9011 of the Farm Security and 

19 Rural Investment Act of 2002 (7 U.S.C. 8111) in ex20 cess of $3,000,000 in new obligational authority; and 

21 (4) The Biorefinery, Renewable Chemical and 

22 Biobased Product Manufacturing Assistance program 

23 as authorized by section 9003 of the Farm Security 

24 and Rural Investment Act of 2002 (7 U.S.C. 8103) in 

25 excess of $27,000,000 of the funding appropriated by 
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1 subsection (g)(1)(A)(ii) of that section for fiscal year 

2 2016. 

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

4 made available by this or any other Act shall be used to 

5 pay the salaries and expenses of personnel to carry out a 

6 program under subsection (b)(2)(A)(viii) of section 14222 

7 of Public Law 110–246 in excess of $884,980,000, as fol8 lows: Child Nutrition Programs Entitlement Commod9 ities—$465,000,000; State Option Contracts—$5,000,000; 

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

11 That none of the funds made available in this Act or any 

12 other Act shall be used for salaries and expenses to carry 

13 out in this fiscal year section 19(i)(1)(E) of the Richard 

14 B. Russell National School Lunch Act, as amended, except 

15 in an amount that excludes the transfer of $125,000,000 

16 of the funds to be transferred under subsection (c) of section 

17 14222 of Public Law 110–246, until October 1, 2016: Pro18 vided further, That $125,000,000 made available on October 

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

20 Russell National School Lunch Act, as amended, shall be 

21 excluded from the limitation described in subsection 

22 (b)(2)(A)(ix) of section 14222 of Public Law 110–246: Pro23 vided further, That none of the funds appropriated or other24 wise made available by this or any other Act shall be used 

25 to pay the salaries or expenses of any employee of the De-
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1 partment of Agriculture or officer of the Commodity Credit 

2 Corporation to carry out clause 3 of section 32 of the Agri3 cultural Adjustment Act of 1935 (Public Law 74–320, 7 

4 U.S.C. 612c, as amended), or for any surplus removal ac5 tivities or price support activities under section 5 of the 

6 Commodity Credit Corporation Charter Act: Provided fur7 ther, That the available unobligated balances under 

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

9 excess of the limitation set forth in this section, except for 

10 the amounts to be transferred pursuant to the first proviso, 

11 are hereby permanently rescinded. 

12 SEC. 716. None of the funds appropriated by this or 

13 any other Act shall be used to pay the salaries and expenses 

14 of personnel who prepare or submit appropriations lan15 guage as part of the President’s budget submission to the 

16 Congress for programs under the jurisdiction of the Appro17 priations Subcommittees on Agriculture, Rural Develop18 ment, Food and Drug Administration, and Related Agen19 cies that assumes revenues or reflects a reduction from the 

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

21 enacted into law prior to the submission of the budget unless 

22 such budget submission identifies which additional spend23 ing reductions should occur in the event the user fees pro24 posals are not enacted prior to the date of the convening 
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1 of a committee of conference for the fiscal year 2017 appro2 priations Act. 

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

4 or provided by previous appropriations Acts to the agencies 

5 funded by this Act that remain available for obligation or 

6 expenditure in the current fiscal year, or provided from any 

7 accounts in the Treasury derived by the collection of fees 

8 available to the agencies funded by this Act, shall be avail9 able for obligation or expenditure through a reprogram10 ming, transfer of funds, or reimbursements as authorized 

11 by the Economy Act, or in the case of the Department of 

12 Agriculture, through use of the authority provided by sec13 tion 702(b) of the Department of Agriculture Organic Act 

14 of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89– 

15 106 (7 U.S.C. 2263), that— 

16 (1) creates new programs; 

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

18 (3) increases funds or personnel by any means 

19 for any project or activity for which funds have been 

20 denied or restricted; 

21 (4) relocates an office or employees; 

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

23 (6) contracts out or privatizes any functions or 

24 activities presently performed by Federal employees; 
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1 unless the Secretary of Agriculture, the Secretary of Health 

2 and Human Services, or the Chairman of the Commodity 

3 Futures Trading Commission (as the case may be) notifies 

4 in writing and receives approval from the Committees on 

5 Appropriations of both Houses of Congress at least 30 days 

6 in advance of the reprogramming of such funds or the use 

7 of such authority. 

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

9 by previous Appropriations Acts to the agencies funded by 

10 this Act that remain available for obligation or expenditure 

11 in the current fiscal year, or provided from any accounts 

12 in the Treasury derived by the collection of fees available 

13 to the agencies funded by this Act, shall be available for 

14 obligation or expenditure for activities, programs, or 

15 projects through a reprogramming or use of the authorities 

16 referred to in subsection (a) involving funds in excess of 

17 $500,000 or 10 percent, whichever is less, that— 

18 (1) augments existing programs, projects, or ac19 tivities; 

20 (2) reduces by 10 percent funding for any exist21 ing program, project, or activity, or numbers of per22 sonnel by 10 percent as approved by Congress; or 

23 (3) results from any general savings from a re24 duction in personnel which would result in a change 

25 in existing programs, activities, or projects as ap-
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1 proved by Congress; unless the Secretary of Agri2 culture, the Secretary of Health and Human Services, 

3 or the Chairman of the Commodity Futures Trading 

4 Commission (as the case may be) notifies in writing 

5 and receives approval from the Committees on Appro6 priations of both Houses of Congress at least 30 days 

7 in advance of the reprogramming or transfer of such 

8 funds or the use of such authority. 

9 (c) The Secretary of Agriculture, the Secretary of 

10 Health and Human Services, or the Chairman of the Com11 modity Futures Trading Commission shall notify in writ12 ing and receive approval from the Committees on Appro13 priations of both Houses of Congress before implementing 

14 any program or activity not carried out during the pre15 vious fiscal year unless the program or activity is funded 

16 by this Act or specifically funded by any other Act. 

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

18 by previous Appropriations Acts to the agencies funded by 

19 this Act that remain available for obligation or expenditure 

20 in the current fiscal year, or provided from any accounts 

21 in the Treasury derived by the collection of fees available 

22 to the agencies funded by this Act, shall be available for— 

23 (1) modifying major capital investments funding 

24 levels, including information technology systems, that 

25 involves increasing or decreasing funds in the current 
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1 fiscal year for the individual investment in excess of 

2 $500,000 or 10 percent of the total cost, whichever is 

3 less; 

4 (2) realigning or reorganizing new, current, or 

5 vacant positions or agency activities or functions to 

6 establish a center, office, branch, or similar entity 

7 with five or more personnel; or 

8 (3) carrying out activities or functions that were 

9 not described in the budget request; unless the agencies 

10 funded by this Act notify, in writing, the Committees 

11 on Appropriations of both Houses of Congress at least 

12 30 days in advance of using the funds for these pur13 poses. 

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

15 for any activities unless the Secretary of Agriculture, the 

16 Secretary of Health and Human Services, or the Chairman 

17 of the Commodity Futures Trading Commission receives 

18 from the Committee on Appropriations of both Houses of 

19 Congress written or electronic mail confirmation of receipt 

20 of the notification as required in this section. 

21 SEC. 718. Notwithstanding section 310B(g)(5) of the 

22 Consolidated Farm and Rural Development Act (7 U.S.C. 

23 1932(g)(5)), the Secretary may assess a one-time fee for any 

24 guaranteed business and industry loan in an amount that 
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1 does not exceed 3 percent of the guaranteed principal por2 tion of the loan. 

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

4 made available to the Department of Agriculture, the Food 

5 and Drug Administration, the Commodity Futures Trading 

6 Commission, or the Farm Credit Administration shall be 

7 used to transmit or otherwise make available reports, ques8 tions, or responses to questions that are a result of informa9 tion requested for the appropriations hearing process to any 

10 non-Department of Agriculture, non-Department of Health 

11 and Human Services, non-Commodity Futures Trading 

12 Commission, or non-Farm Credit Administration employee. 

13 SEC. 720. Unless otherwise authorized by existing law, 

14 none of the funds provided in this Act, may be used by an 

15 executive branch agency to produce any prepackaged news 

16 story intended for broadcast or distribution in the United 

17 States unless the story includes a clear notification within 

18 the text or audio of the prepackaged news story that the 

19 prepackaged news story was prepared or funded by that ex20 ecutive branch agency. 

21 SEC. 721. No employee of the Department of Agri22 culture may be detailed or assigned from an agency or office 

23 funded by this Act or any other Act to any other agency 

24 or office of the Department for more than 60 days in a 

25 fiscal year unless the individual’s employing agency or of-
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1 fice is fully reimbursed by the receiving agency or office 

2 for the salary and expenses of the employee for the period 

3 of assignment. 

4 SEC. 722. None of the funds made available by this 

5 Act may be used to pay the salaries and expenses of per6 sonnel who provide nonrecourse marketing assistance loans 

7 for mohair under section 1201 of the Agricultural Act of 

8 2014 (Public Law 113–79). 

9 SEC. 723. Not later than 30 days after the date of en10 actment of this Act, the Secretary of Agriculture, the Com11 missioner of the Food and Drug Administration, the Chair12 man of the Commodity Futures Trading Commission, and 

13 the Chairman of the Farm Credit Administration shall sub14 mit to the Committees on Appropriations of both Houses 

15 of Congress a detailed spending plan by program, project, 

16 and activity for all the funds made available under this 

17 Act including appropriated user fees, as defined in the ex18 planatory statement described in section 4 (in the matter 

19 preceding division A of this consolidated Act). 

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

21 Food for Peace Act (7 U.S.C. 1721 et seq.) may only be 

22 used to provide assistance to recipient nations if adequate 

23 monitoring and controls, as determined by the Adminis24 trator of the U.S. Agency for International Development, 

25 are in place to ensure that emergency food aid is received 
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1 by the intended beneficiaries in areas affected by food short2 ages and not diverted for unauthorized or inappropriate 

3 purposes. 

4 SEC. 725. There is hereby appropriated $1,996,000 to 

5 carry out section 1621 of Public Law 110–246. 

6 SEC. 726. The Secretary shall establish an inter7 mediary loan packaging program based on the pilot pro8 gram in effect for fiscal year 2013 for packaging and re9 viewing section 502 single family direct loans. The Sec10 retary shall enter into agreements with current inter11 mediary organizations and with additional qualified inter12 mediary organizations. The Secretary shall work with these 

13 organizations to increase effectiveness of the section 502 sin14 gle family direct loan program in rural communities and 

15 shall set aside and make available from the national reserve 

16 section 502 loans an amount necessary to support the work 

17 of such intermediaries and provide a priority for review 

18 of such loans. 

19 SEC. 727. For loans and loan guarantees that do not 

20 require budget authority and the program level has been 

21 established in this Act, the Secretary of Agriculture may 

22 increase the program level for such loans and loan guaran23 tees by not more than 25 percent: Provided, That prior to 

24 the Secretary implementing such an increase, the Secretary 
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1 notifies, in writing, the Committees on Appropriations of 

2 both Houses of Congress at least 15 days in advance. 

3 SEC. 728. There is hereby appropriated for the ‘‘Emer4 gency Watershed Protection Program’’, $157,000,000, to re5 main available until expended; for the ‘‘Emergency For6 estry Restoration Program’’, $6,000,000, to remain avail7 able until expended; and for the ‘‘Emergency Conservation 

8 Program’’, $108,000,000, to remain available until ex9 pended: Provided, That $37,000,000 made available for the 

10 ‘‘Emergency Watershed Protection Program’’; $2,000,000 

11 made available for the ‘‘Emergency Forestry Restoration 

12 Program’’; and $91,000,000 made available for the ‘‘Emer13 gency Conservation Program’’ under this section are for 

14 necessary expenses resulting from a major disaster declared 

15 pursuant to the Robert T. Stafford Disaster Relief and 

16 Emergency Assistance Act (42 U.S.C. 5121 et seq.), and are 

17 designated by the Congress as being for disaster relief pur18 suant to section 251(b)(2)(D) of the Balanced Budget and 

19 Emergency Deficit Control Act of 1985. 

20 SEC. 729. None of the credit card refunds or rebates 

21 transferred to the Working Capital Fund pursuant to sec22 tion 729 of the Agriculture, Rural Development, Food and 

23 Drug Administration, and Related Agencies Appropria24 tions Act, 2002 (7 U.S.C. 2235a; Public Law 107–76) shall 

25 be available for obligation without written notification to, 
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1 and the prior approval of, the Committees on Appropria2 tions of both Houses of Congress: Provided, That the refunds 

3 or rebates so transferred shall be available for obligation 

4 only for the acquisition of plant and capital equipment nec5 essary for the delivery of financial, administrative, and in6 formation technology services of primary benefit to the 

7 agencies of the Department of Agriculture. 

8 SEC. 730. None of the funds made available by this 

9 Act may be used to procure processed poultry products im10 ported into the United States from the People’s Republic 

11 of China for use in the school lunch program under the 

12 Richard B. Russell National School Lunch Act (42 U.S.C. 

13 1751 et seq.), the Child and Adult Food Care Program 

14 under section 17 of such Act (42 U.S.C. 1766), the Summer 

15 Food Service Program for Children under section 13 of such 

16 Act (42 U.S.C. 1761), or the school breakfast program under 

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

18 SEC. 731. In response to an eligible community where 

19 the drinking water supplies are inadequate due to a natural 

20 disaster, as determined by the Secretary, including drought 

21 or severe weather, the Secretary may provide potable water 

22 through the Emergency Community Water Assistance 

23 Grant Program for an additional period of time not to ex24 ceed 120 days beyond the established period provided under 

25 the Program in order to protect public health. 
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1 SEC. 732. Funds provided by this or any prior Appro2 priations Act for the Agriculture and Food Research Initia3 tive under 7 U.S.C. 450i(b) shall be made available without 

4 regard to section 7128 of the Agricultural Act of 2014 (7 

5 U.S.C. 3371 note), under the matching requirements in 

6 laws in effect on the date before the date of enactment of 

7 such section: Provided, That the requirements of 7 U.S.C. 

8 450i(b)(9) shall continue to apply. 

9 SEC. 733. (a) For the period beginning on the date 

10 of enactment of this Act through school year 2016–2017, 

11 with respect to the school lunch program established under 

12 the Richard B. Russell National School Lunch Act (42 

13 U.S.C. 1751 et seq.) or the school breakfast program estab14 lished under the Child Nutrition Act of 1966 (42 U.S.C. 

15 1771 et seq.) and final regulations published by the Depart16 ment of Agriculture in the Federal Register on January 26, 

17 2012 (77 Fed. Reg. 4088 et seq.), the Secretary shall allow 

18 States to grant an exemption from the whole grain require19 ments that took effect on or after July 1, 2014, and the 

20 States shall establish a process for evaluating and respond21 ing, in a reasonable amount of time, to requests for an ex22 emption: Provided, That school food authorities demonstrate 

23 hardship, including financial hardship, in procuring spe24 cific whole grain products which are acceptable to the stu25 dents and compliant with the whole grain-rich require-
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1 ments: Provided further, That school food authorities shall 

2 comply with the applicable grain component or standard 

3 with respect to the school lunch or school breakfast program 

4 that was in effect prior to July 1, 2014. 

5 (b) None of the funds appropriated or otherwise made 

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

7 salaries and expenses of personnel to implement any regula8 tions under the Richard B. Russell National School Lunch 

9 Act (42 U.S.C. 1751 et seq.), the Child Nutrition Act of 

10 1966 (42 U.S.C. 1771 et seq.), the Healthy, Hunger-Free 

11 Kids Act of 2010 (Public Law 111–296), or any other law 

12 that would require a reduction in the quantity of sodium 

13 contained in federally reimbursed meals, foods, and snacks 

14 sold in schools below Target 1 (as described in section 

15 220.8(f)(3) of title 7, Code of Federal Regulations (or suc16 cessor regulations)) until the latest scientific research estab17 lishes the reduction is beneficial for children. 

18 SEC. 734. None of the funds made available by this 

19 or any other Act may be used to release or implement the 

20 final version of the eighth edition of the Dietary Guidelines 

21 for Americans, revised pursuant to section 301 of the Na22 tional Nutrition Monitoring and Related Research Act of 

23 1990 (7 U.S.C. 5341), unless the Secretary of Agriculture 

24 and the Secretary of Health and Human Services ensure 

25 that each revision to any nutritional or dietary information 
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1 or guideline contained in the 2010 edition of the Dietary 

2 Guidelines for Americans and each new nutritional or die3 tary information or guideline to be included in the eighth 

4 edition of the Dietary Guidelines for Americans— 

5 (1) is based on significant scientific agreement; 

6 and 

7 (2) is limited in scope to nutritional and dietary 

8 information. 

9 SEC. 735. (a) Not later than 30 days after the date 

10 of the enactment of this Act, the Secretary of Agriculture 

11 shall engage the National Academy of Medicine to conduct 

12 a comprehensive study of the entire process used to establish 

13 the Advisory Committee for the Dietary Guidelines for 

14 Americans and the subsequent development of the Dietary 

15 Guidelines for Americans, most recently revised pursuant 

16 to section 301 of the National Nutrition Monitoring and 

17 Related Research Act of 1990 (7 U.S.C. 5341). The panel 

18 of the National Academy of Medicine selected to conduct 

19 the study shall include a balanced representation of individ20 uals with broad experiences and viewpoints regarding nu21 tritional and dietary information. 

22 (b) The study required by subsection (a) shall include 

23 the following: 

24 (1) An analysis of each of the following: 
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1 (A) How the Dietary Guidelines for Ameri2 cans can better prevent chronic disease, ensure 

3 nutritional sufficiency for all Americans, and 

4 accommodate a range of individual factors, in5 cluding age, gender, and metabolic health. 

6 (B) How the advisory committee selection 

7 process can be improved to provide more trans8 parency, eliminate bias, and include committee 

9 members with a range of viewpoints. 

10 (C) How the Nutrition Evidence Library is 

11 compiled and utilized, including whether Nutri12 tion Evidence Library reviews and other system13 atic reviews and data analysis are conducted ac14 cording to rigorous and objective scientific stand15 ards. 

16 (D) How systematic reviews are conducted 

17 on longstanding Dietary Guidelines for Ameri18 cans recommendations, including whether sci19 entific studies are included from scientists with 

20 a range of viewpoints. 

21 (2) Recommendations to improve the process 

22 used to establish the Dietary Guidelines for Ameri23 cans and to ensure the Dietary Guidelines for Ameri24 cans reflect balanced sound science. 
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1 (c) There is hereby appropriated $1,000,000 to conduct 

2 the study required by subsection (a). 

3 SEC. 736. The unobligated balances identified by the 

4 Treasury Appropriation Fund Symbol 12X0113 are re5 scinded. 

6 SEC. 737. None of the funds made available by this 

7 Act may be used by the Secretary of Agriculture, acting 

8 through the Food and Nutrition Service, to commence any 

9 new research and evaluation projects until the Secretary 

10 submits to the Committees on Appropriations of both 

11 Houses of Congress a research and evaluation plan for fiscal 

12 year 2016, prepared in coordination with the Research, 

13 Education, and Economics mission area of the Department 

14 of Agriculture, and a period of 30 days beginning on the 

15 date of the submission of the plan expires to permit Con16 gressional review of the plan. 

17 SEC. 738. Of the unobligated prior year funds identi18 fied by Treasury Appropriation Fund Symbol 12X1980 

19 where obligations have been cancelled, $13,000,000 is re20 scinded. 

21 SEC. 739. The unobligated balances identified by the 

22 Treasury Appropriation Fund Symbol 12X3318, 12X1010, 

23 12X1090, 12X1907, 12X0402, 12X3508, and 12X3322 are 

24 rescinded. 
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1 SEC. 740. Section 166 of the Federal Agriculture Im2 provement and Reform Act of 1996 (7 U.S.C. 7286) is 

3 amended— 

4 (1) by striking ‘‘and title I of the Food, Con5 servation, and Energy Act of 2008’’ both places it ap6 pears and inserting ‘‘title I of the Food, Conservation, 

7 and Energy Act of 2008, and Subtitle B of title I of 

8 the Agricultural Act of 2014’’; and 

9 (2) by amending paragraph (3) of subsection (c) 

10 to read as follows: 

11 ‘‘(3) APPLICATION OF AUTHORITY.—Beginning 

12 with the 2015 crop marketing year, the Secretary 

13 shall carry out paragraph (1) under the same terms 

14 and conditions as were in effect for the 2008 crop 

15 year for loans made to producers under subtitle B of 

16 title I of the Food, Conservation, and Energy Act of 

17 2008 (7 U.S.C. 8701 et seq.).’’. 

18 SEC. 741. (a) There is hereby appropriated $5,000,000 

19 to provide competitive grants to State agencies for sub20 grants to local educational agencies and schools to purchase 

21 the equipment needed to serve healthier meals, improve food 

22 safety, and to help support the establishment, maintenance, 

23 or expansion of the school breakfast program, to remain 

24 available until expended. 
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1 (b) There is hereby appropriated $7,000,000 to carry 

2 out section 749(g) of the Agriculture Appropriations Act of 

3 2010 (Public Law 111–80), to remain available until ex4 pended. 

5 SEC. 742. Of the unobligated balances identified by the 

6 Treasury Appropriation Fund Symbol 12X1072, 

7 $20,000,000 is hereby rescinded: Provided, That no 

8 amounts may be rescinded from amounts that were des9 ignated by Congress as an emergency requirement or for 

10 disaster relief requirement pursuant to a Concurrent Reso11 lution on the Budget or the Balanced Budget and Emer12 gency Deficit Control Act of 1985. 

13 SEC. 743. In carrying out subsection (h) of section 502 

14 of the Housing Act of 1949 (42 U.S.C. 1472), the Secretary 

15 of Agriculture shall have the same authority with respect 

16 to loans guaranteed under such section and eligible lenders 

17 for such loans as the Secretary has under subsections (h) 

18 and (j) of section 538 of such Act (42 U.S.C. 1490p–2) with 

19 respect to loans guaranteed under such section 538 and eli20 gible lenders for such loans. 

21 SEC. 744. There is hereby appropriated $8,000,000, to 

22 remain available until expended, to carry out section 6407 

23 of the Farm Security and Rural Investment Act of 2002 

24 (7 U.S.C. 8107a): Provided, That the Secretary launch the 

25 program authorized by this section during the 2016 fiscal 
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1 year and that it be carried out through the Rural Utilities 

2 Service: Provided further, That, within 60 days of enact3 ment of this Act, the Secretary shall provide a report to 

4 the Committees on Appropriations of both Houses of Con5 gress on how the Rural Utilities Service will implement sec6 tion 6407 during the 2016 fiscal year. 

7 SEC. 745. Of the unobligated balances of appropria8 tions in Public Law 108–199, Public Law 109–234, and 

9 Public Law 110–28 made available for the ‘‘Emergency Wa10 tershed Protection Program’’, $2,400,000 shall be available 

11 for the purposes of such program for any disaster occurring 

12 fiscal year 2016 or fiscal year 2017, and shall remain avail13 able until expended. 

14 SEC. 746. None of the funds made available by this 

15 Act may be used to propose, promulgate, or implement any 

16 rule, or take any other action with respect to, allowing or 

17 requiring information intended for a prescribing health 

18 care professional, in the case of a drug or biological product 

19 subject to section 503(b)(1) of the Federal Food, Drug, and 

20 Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to 

21 such professional electronically (in lieu of in paper form) 

22 unless and until a Federal law is enacted to allow or re23 quire such distribution. 

24 SEC. 747. None of the funds made available by this 

25 Act may be used to implement, administer, or enforce the 
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1 final rule entitled ‘‘Food Labeling; Nutrition Labeling of 

2 Standard Menu Items in Restaurants and Similar Retail 

3 Food Establishments’’ published by the Food and Drug Ad4 ministration in the Federal Register on December 1, 2014 

5 (79 Fed. Reg. 71156 et seq.) until the later of— 

6 (1) December 1, 2016; or 

7 (2) the date that is one year after the date on 

8 which the Secretary of Health and Human Services 

9 publishes Level 1 guidance with respect to nutrition 

10 labeling of standard menu items in restaurants and 

11 similar retail food establishments in accordance with 

12 paragraphs (g)(1)(i), (g)(1)(ii), (g)(1)(iii), and 

13 (g)(1)(iv) of section 10.115 of title 21, Code of Federal 

14 Regulations. 

15 SEC. 748. In addition to funds appropriated in this 

16 Act, there is hereby appropriated $250,000,000, to remain 

17 available until expended, under the heading ‘‘Food for 

18 Peace Title II Grants’’: Provided, That the funds made 

19 available under this section shall be used for the purposes 

20 set forth in the Food for Peace Act for both emergency and 

21 non-emergency purposes: Provided further, That the funds 

22 made available by this section used for emergency programs 

23 may be prioritized to respond to emergency food needs in24 volving conflict in the Middle East and to address other 

25 urgent food needs around the world: Provided further, That 
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1 of the funds made available under this section, $20,000,000 

2 shall be used to reimburse the Commodity Credit Corpora3 tion for the release of eligible commodities under section 

4 302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act 

5 (7 U.S.C. 1736f–1). 

6 SEC. 749. None of the funds made available by this 

7 Act may be used to notify a sponsor or otherwise acknowl8 edge receipt of a submission for an exemption for investiga9 tional use of a drug or biological product under section 

10 505(i) of the Federal Food, Drug, and Cosmetic Act (21 

11 U.S.C. 355(i)) or section 351(a)(3) of the Public Health 

12 Service Act (42 U.S.C. 262(a)(3)) in research in which a 

13 human embryo is intentionally created or modified to in14 clude a heritable genetic modification. Any such submission 

15 shall be deemed to have not been received by the Secretary, 

16 and the exemption may not go into effect. 

17 SEC. 750. None of the funds made available by this 

18 or any other Act may be used to implement or enforce any 

19 provision of the FDA Food Safety Modernization Act (Pub20 lic Law 111–353), including the amendments made thereby, 

21 with respect to the regulation of the distribution, sale, or 

22 receipt of dried spent grain byproducts of the alcoholic bev23 erage production process, irrespective of whether such by24 products are solely intended for use as animal feed. 
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1 SEC. 751. (a) Of the unobligated balances from 

2 amounts made available in fiscal year 2015 for the supple3 mental nutrition program as authorized by section 17 of 

4 the Child Nutrition Act of 1966 (42 U.S.C. 1786), 

5 $220,000,000 are hereby rescinded. 

6 (b) In addition to amounts provided elsewhere in this 

7 Act, there is hereby appropriated for ‘‘Special Supple8 mental Nutrition Program for Women, Infants, and Chil9 dren’’, $220,000,000, to remain available until expended, 

10 for management information systems, including WIC elec11 tronic benefit transfer systems and activities. 

12 SEC. 752. (a) The Secretary of Agriculture shall— 

13 (1) within 4 months of the date of enactment of 

14 this Act, establish a prioritization process for APHIS 

15 to conduct audits or reviews of countries or regions 

16 that have received animal health status recognitions 

17 by APHIS and provide a description of this process 

18 to the Committee on Appropriations of the House, 

19 Committee on Appropriations of the Senate, Com20 mittee on Agriculture of the House, and Committee on 

21 Agriculture, Nutrition, and Forestry of the Senate; 

22 (2) conduct audits in a manner that evaluates 

23 the following factors in the country or region being 

24 audited, as applicable: 

25 (A) veterinary control and oversight; 
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1 (B) disease history and vaccination prac2 tices; 

3 (C) livestock demographics and traceability; 

4 (D) epidemiological separation from poten5 tial sources of infection; 

6 (E) surveillance practices; 

7 (F) diagnostic laboratory capabilities; and 

8 (G) emergency preparedness and response. 

9 (3) promptly make publicly available the final 

10 reports of any audits or reviews conducted pursuant 

11 to subsection (2); and 

12 (b) This section shall be applied in a manner con13 sistent with United States obligations under its inter14 national trade agreements. 

15 SEC. 753. None of the funds made available by this 

16 Act may be used to carry out any activities or incur any 

17 expense related to the issuance of licenses under section 3 

18 of the Animal Welfare Act (7 U.S.C. 2133), or the renewal 

19 of such licenses, to class B dealers who sell dogs and cats 

20 for use in research, experiments, teaching, or testing. 

21 SEC. 754. No partially hydrogenated oils as defined 

22 in the order published by the Food and Drug Administra23 tion in the Federal Register on June 17, 2015 (80 Fed. Reg. 

24 34650 et seq.) shall be deemed unsafe within the meaning 

25 of section 409(a) and no food that is introduced or delivered 
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1 for introduction into interstate commerce that bears or con2 tains a partially hydrogenated oil shall be deemed adulter3 ated under sections 402(a)(1) or 402(a)(2)(C)(i) by virtue 

4 of bearing or containing a partially hydrogenated oil until 

5 the compliance date as specified in such order (June 18, 

6 2018). 

7 SEC. 755. Notwithstanding any other provision of 

8 law— 

9 (1) the Secretary of Agriculture shall implement sec10 tion 12106 of the Agricultural Act of 2014 and the amend11 ments made by such section (21 U.S.C. 601 note; Public 

12 Law 113–79), including any regulation or guidance the 

13 Secretary of Agriculture issues to carry out such section or 

14 the amendments made by such section; and 

15 (2) the Secretary of Health and Human Services shall 

16 implement section 403(t) of the Federal Food, Drug, and 

17 Cosmetic Act (21 U.S.C. 343(t)), including any regulation 

18 or guidance the Secretary of Health and Human Services 

19 issues to carry out such section. 

20 SEC. 756. There is hereby appropriated $600,000 for 

21 the purposes of section 727 of division A of Public Law 

22 112–55. 

23 SEC. 757. In addition to amounts otherwise made 

24 available by this Act and notwithstanding the last sentence 

25 of 16 U.S.C. 1310, there is appropriated $4,000,000, to re-
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1 main available until expended, to implement non-renewable 

2 agreements on eligible lands, including flooded agricultural 

3 lands, as determined by the Secretary, under the Water 

4 Bank Act (16 U.S.C. 1301–1311). 

5 SEC. 758. The Secretary shall set aside for Rural Eco6 nomic Area Partnership (REAP) Zones, until August 15, 

7 2016, an amount of funds made available in title III under 

8 the headings of Rural Housing Insurance Fund Program 

9 Account, Mutual and Self-Help Housing Grants, Rural 

10 Housing Assistance Grants, Rural Community Facilities 

11 Program Account, Rural Business Program Account, Rural 

12 Development Loan Fund Program Account, and Rural 

13 Water and Waste Disposal Program Account, equal to the 

14 amount obligated in REAP Zones with respect to funds 

15 provided under such headings in the most recent fiscal year 

16 any such funds were obligated under such headings for 

17 REAP Zones. 

18 SEC. 759. (a) Section 281 of the Agricultural Mar19 keting Act of 1946 (7 U.S.C. 1638) is amended— 

20 (1) by striking paragraphs (1) and (7); 

21 (2) by redesignating paragraphs (2), (3), (4), 

22 (5), (6), (8), and (9) as paragraphs (1), (2), (3), (4), 

23 (5), (6), and (7), respectively; and 

24 (3) in paragraph (1)(A) (as so redesignated)— 
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1 (A) in clause (i), by striking ‘‘beef,’’ and ‘‘, 

2 pork,’’; and 

3 (B) in clause (ii), by striking ‘‘ground 

4 beef,’’ and ‘‘, ground pork,’’. 

5 (b) Section 282 of the Agricultural Marketing Act of 

6 1946 (7 U.S.C. 1638a) is amended— 

7 (1) in subsection (a)(2)— 

8 (A) in the heading, by striking ‘‘BEEF,’’ and 

9 ‘‘PORK,’’; 

10 (B) by striking ‘‘beef,’’ and ‘‘pork,’’ each 

11 place it appears in subparagraphs (A), (B), (C), 

12 and (D); and 

13 (C) in subparagraph (E)— 

14 (i) in the heading, by striking ‘‘BEEF, 

15 PORK,’’; and 

16 (ii) by striking ‘‘ground beef, ground 

17 pork,’’ each place it appears; and 

18 (2) in subsection (f)(2)— 

19 (A) by striking subparagraphs (B) and (C); 

20 and 

21 (B) by redesignating subparagraphs (D) 

22 and (E) as subparagraphs (B) and (C), respec23 tively. 

24 SEC. 760. The Secretary of Agriculture and the Sec25 retary’s designees are hereby granted the same access to in-
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1 formation and subject to the same requirements applicable 

2 to the Secretary of Housing and Urban Development as 

3 provided in section 453(j) of the Social Security Act (42 

4 U.S.C. 653(j)) and section 6103(l)(7)(D)(ix) of the Internal 

5 Revenue Code of 1986 (26 U.S.C. 6103(l)(7)(D)(ix)) to 

6 verify the income for individuals participating in sections 

7 502, 504, 521, and 542 of the Housing Act of 1949 (42 

8 U.S.C. 1472, 1474, 1490a, and 1490r). 

9 SEC. 761. (a) During fiscal year 2016, the Food and 

10 Drug Administration (FDA) shall not allow the introduc11 tion or delivery for introduction into interstate commerce 

12 of any food that contains genetically engineered salmon 

13 until FDA publishes final labeling guidelines for informing 

14 consumers of such content; and 

15 (b) Of the amounts made available to the Food and 

16 Drug Administration, Salaries and Expenses, not less than 

17 $150,000 shall be used to develop labeling guidelines and 

18 implement a program to disclose to consumers whether 

19 salmon offered for sale to consumers is a genetically engi20 neered variety. 

21 SEC. 762. The Secretary may charge a fee for lenders 

22 to access Department loan guarantee systems in connection 

23 with such lenders’ participation in loan guarantee pro24 grams of the Rural Housing Service: Provided, That the 

25 funds collected from such fees shall be made available to 
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1 the Secretary without further appropriation and such funds 

2 shall be deposited into the Rural Development Salaries and 

3 Expense Account and shall remain available until expended 

4 for obligation and expenditure by the Secretary for admin5 istrative expenses of the Rural Housing Service Loan Guar6 antee Program in addition to other available funds: Pro7 vided further, That such fees collected shall not exceed $50 

8 per loan. 

9 SEC. 763. None of the funds made available by this 

10 Act or any other Act may be used— 

11 (1) in contravention of section 7606 of the Agri12 cultural Act of 2014 (7 U.S.C. 5940); or 

13 (2) to prohibit the transportation, processing, 

14 sale, or use of industrial hemp that is grown or cul15 tivated in accordance with subsection section 7606 of 

16 the Agricultural Act of 2014, within or outside the 

17 State in which the industrial hemp is grown or cul18 tivated. 

19 SEC. 764. For an additional amount for ‘‘Animal and 

20 Plant Health Inspection Service, Salaries and Expenses’’, 

21 $5,500,000, to remain available until September 30, 2017, 

22 for one-time control and management and associated activi23 ties directly related to the multiple-agency response to citrus 

24 greening. 
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1 SEC. 765. Section 529(b)(5) of the Federal Food, Drug, 

2 and Cosmetic Act (21 U.S.C. 360ff(b)(5)) is amended by 

3 striking ‘‘the last day’’ and all that follows through the pe4 riod at the end and inserting ‘‘September 30, 2016.’’. 

5 SEC. 766. Notwithstanding any other provision of law, 

6 for purposes of applying the Federal Food, Drug, and Cos7 metic Act (21 U.S.C. 301 et seq.)— 

8 (1) the acceptable market name of Gadus 

9 chalcogrammus, formerly known as Theragra 

10 chalcogramma, is ‘‘pollock’’; and 

11 (2) the term ‘‘Alaskan Pollock’’ or ‘‘ ‘Alaska Pol12 lock’ ’’ may be used in labeling to refer solely to ‘‘pol13 lock’’ harvested in the State waters of Alaska or the 

14 exclusive economic zone (as that term is defined in 

15 section 3 of the Magnuson-Stevens Fishery Conserva16 tion and Management Act (16 U.S.C. 1802)) adjacent 

17 to Alaska. 

18 SEC. 767. None of the funds appropriated or otherwise 

19 made available by this Act shall be used to pay the salaries 

20 and expenses of personnel— 

21 (1) to inspect horses under section 3 of the Fed22 eral Meat Inspection Act (21 U.S.C. 603); 

23 (2) to inspect horses under section 903 of the 

24 Federal Agriculture Improvement and Reform Act of 

25 1996 (7 U.S.C. 1901 note; Public Law 104–127); or 
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1 (3) to implement or enforce section 352.19 of 

2 title 9, Code of Federal Regulations (or a successor 

3 regulation). 

4 This division may be cited as the ‘‘Agriculture, Rural 

5 Development, Food and Drug Administration, and Related 

6 Agencies Appropriations Act, 2016’’. 

7 DIVISION B—COMMERCE, JUSTICE, 

8 SCIENCE, AND RELATED AGENCIES AP9 PROPRIATIONS ACT, 2016 

10 TITLE I 

11 DEPARTMENT OF COMMERCE 

12 INTERNATIONAL TRADE ADMINISTRATION

13 OPERATIONS AND ADMINISTRATION

14 For necessary expenses for international trade activi15 ties of the Department of Commerce provided for by law, 

16 and for engaging in trade promotional activities abroad, 

17 including expenses of grants and cooperative agreements for 

18 the purpose of promoting exports of United States firms, 

19 without regard to sections 3702 and 3703 of title 44, United 

20 States Code; full medical coverage for dependent members 

21 of immediate families of employees stationed overseas and 

22 employees temporarily posted overseas; travel and transpor23 tation of employees of the International Trade Administra24 tion between two points abroad, without regard to section 

25 40118 of title 49, United States Code; employment of citi-
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1 zens of the United States and aliens by contract for services; 

2 rental of space abroad for periods not exceeding 10 years, 

3 and expenses of alteration, repair, or improvement; pur4 chase or construction of temporary demountable exhibition 

5 structures for use abroad; payment of tort claims, in the 

6 manner authorized in the first paragraph of section 2672 

7 of title 28, United States Code, when such claims arise in 

8 foreign countries; not to exceed $294,300 for official rep9 resentation expenses abroad; purchase of passenger motor 

10 vehicles for official use abroad, not to exceed $45,000 per 

11 vehicle; obtaining insurance on official motor vehicles; and 

12 rental of tie lines, $493,000,000, to remain available until 

13 September 30, 2017, of which $10,000,000 is to be derived 

14 from fees to be retained and used by the International Trade 

15 Administration, notwithstanding section 3302 of title 31, 

16 United States Code: Provided, That, of amounts provided 

17 under this heading, not less than $16,400,000 shall be for 

18 China antidumping and countervailing duty enforcement 

19 and compliance activities: Provided further, That of the 

20 amounts provided for the International Trade Administra21 tion under this title, $5,000,000 shall not be available for 

22 obligation or expenditure until 15 days after the Undersec23 retary of Commerce for International Trade submits to the 

24 Committees on Appropriations of the House of Representa25 tives and the Senate the report and certification detailed 
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1 in the explanatory statement described in section 4 (in the 

2 matter preceding division A of this consolidated Act): Pro3 vided further, That the provisions of the first sentence of 

4 section 105(f) and all of section 108(c) of the Mutual Edu5 cational and Cultural Exchange Act of 1961 (22 U.S.C. 

6 2455(f) and 2458(c)) shall apply in carrying out these ac7 tivities; and that for the purpose of this Act, contributions 

8 under the provisions of the Mutual Educational and Cul9 tural Exchange Act of 1961 shall include payment for as10 sessments for services provided as part of these activities. 

11 BUREAU OF INDUSTRY AND SECURITY

12 OPERATIONS AND ADMINISTRATION

13 For necessary expenses for export administration and 

14 national security activities of the Department of Commerce, 

15 including costs associated with the performance of export 

16 administration field activities both domestically and 

17 abroad; full medical coverage for dependent members of im18 mediate families of employees stationed overseas; employ19 ment of citizens of the United States and aliens by contract 

20 for services abroad; payment of tort claims, in the manner 

21 authorized in the first paragraph of section 2672 of title 

22 28, United States Code, when such claims arise in foreign 

23 countries; not to exceed $13,500 for official representation 

24 expenses abroad; awards of compensation to informers 

25 under the Export Administration Act of 1979, and as au-
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1 thorized by section 1(b) of the Act of June 15, 1917 (40 

2 Stat. 223; 22 U.S.C. 401(b)); and purchase of passenger 

3 motor vehicles for official use and motor vehicles for law 

4 enforcement use with special requirement vehicles eligible 

5 for purchase without regard to any price limitation other6 wise established by law, $112,500,000, to remain available 

7 until expended: Provided, That the provisions of the first 

8 sentence of section 105(f) and all of section 108(c) of the 

9 Mutual Educational and Cultural Exchange Act of 1961 

10 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying 

11 out these activities: Provided further, That payments and 

12 contributions collected and accepted for materials or serv13 ices provided as part of such activities may be retained for 

14 use in covering the cost of such activities, and for providing 

15 information to the public with respect to the export admin16 istration and national security activities of the Department 

17 of Commerce and other export control programs of the 

18 United States and other governments. 

19 ECONOMIC DEVELOPMENT ADMINISTRATION

20 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

21 For grants for economic development assistance as pro22 vided by the Public Works and Economic Development Act 

23 of 1965, for trade adjustment assistance, and for grants au24 thorized by section 27 of the Stevenson-Wydler Technology 

25 Innovation Act of 1980 (15 U.S.C. 3722), $222,000,000, to 
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1 remain available until expended, of which $15,000,000 shall 

2 be for grants under such section 27. 

3 SALARIES AND EXPENSES

4 For necessary expenses of administering the economic 

5 development assistance programs as provided for by law, 

6 $39,000,000: Provided, That these funds may be used to 

7 monitor projects approved pursuant to title I of the Public 

8 Works Employment Act of 1976, title II of the Trade Act 

9 of 1974, section 27 of the Stevenson-Wydler Technology In10 novation Act of 1980 (15 U.S.C. 3722), and the Community 

11 Emergency Drought Relief Act of 1977. 

12 MINORITY BUSINESS DEVELOPMENT AGENCY

13 MINORITY BUSINESS DEVELOPMENT

14 For necessary expenses of the Department of Commerce 

15 in fostering, promoting, and developing minority business 

16 enterprise, including expenses of grants, contracts, and 

17 other agreements with public or private organizations, 

18 $32,000,000. 

19 ECONOMIC AND STATISTICAL ANALYSIS

20 SALARIES AND EXPENSES

21 For necessary expenses, as authorized by law, of eco22 nomic and statistical analysis programs of the Department 

23 of Commerce, $109,000,000, to remain available until Sep24 tember 30, 2017. 
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1 BUREAU OF THE CENSUS

2 CURRENT SURVEYS AND PROGRAMS

3 For necessary expenses for collecting, compiling, ana4 lyzing, preparing and publishing statistics, provided for by 

5 law, $270,000,000: Provided, That, from amounts provided 

6 herein, funds may be used for promotion, outreach, and 

7 marketing activities: Provided further, That the Bureau of 

8 the Census shall collect and analyze data for the Annual 

9 Social and Economic Supplement to the Current Popu10 lation Survey using the same health insurance questions in11 cluded in previous years, in addition to the revised ques12 tions implemented in the Current Population Survey begin13 ning in February 2014. 

14 PERIODIC CENSUSES AND PROGRAMS

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses for collecting, compiling, ana17 lyzing, preparing and publishing statistics for periodic cen18 suses and programs provided for by law, $1,100,000,000, 

19 to remain available until September 30, 2017: Provided, 

20 That, from amounts provided herein, funds may be used 

21 for promotion, outreach, and marketing activities: Provided 

22 further, That within the amounts appropriated, $1,551,000 

23 shall be transferred to the ‘‘Office of Inspector General’’ ac24 count for activities associated with carrying out investiga25 tions and audits related to the Bureau of the Census: Pro-
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1 vided further, That not more than 50 percent of the amounts 

2 made available under this heading for information tech3 nology related to 2020 census delivery, including the Census 

4 Enterprise Data Collection and Processing (CEDCaP) pro5 gram, may be obligated until the Secretary submits to the 

6 Committees on Appropriations of the House of Representa7 tives and the Senate a plan for expenditure that: (1) identi8 fies for each CEDCaP project/investment over $25,000: (A) 

9 the functional and performance capabilities to be delivered 

10 and the mission benefits to be realized; (B) the estimated 

11 lifecycle cost, including estimates for development as well 

12 as maintenance and operations; and (C) key milestones to 

13 be met; (2) details for each project/investment: (A) reasons 

14 for any cost and schedule variances; and (B) top risks and 

15 mitigation strategies; and (3) has been submitted to the 

16 Government Accountability Office. 

17 NATIONAL TELECOMMUNICATIONS AND INFORMATION

18 ADMINISTRATION

19 SALARIES AND EXPENSES

20 For necessary expenses, as provided for by law, of the 

21 National Telecommunications and Information Adminis22 tration (NTIA), $39,500,000, to remain available until 

23 September 30, 2017: Provided, That, notwithstanding 31 

24 U.S.C. 1535(d), the Secretary of Commerce shall charge 

25 Federal agencies for costs incurred in spectrum manage-
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1 ment, analysis, operations, and related services, and such 

2 fees shall be retained and used as offsetting collections for 

3 costs of such spectrum services, to remain available until 

4 expended: Provided further, That the Secretary of Com5 merce is authorized to retain and use as offsetting collec6 tions all funds transferred, or previously transferred, from 

7 other Government agencies for all costs incurred in tele8 communications research, engineering, and related activi9 ties by the Institute for Telecommunication Sciences of 

10 NTIA, in furtherance of its assigned functions under this 

11 paragraph, and such funds received from other Government 

12 agencies shall remain available until expended. 

13 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

14 CONSTRUCTION

15 For the administration of prior-year grants, recoveries 

16 and unobligated balances of funds previously appropriated 

17 are available for the administration of all open grants until 

18 their expiration. 

19 UNITED STATES PATENT AND TRADEMARK OFFICE

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFERS OF FUNDS)

22 For necessary expenses of the United States Patent and 

23 Trademark Office (USPTO) provided for by law, including 

24 defense of suits instituted against the Under Secretary of 

25 Commerce for Intellectual Property and Director of the 
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1 USPTO, $3,272,000,000, to remain available until ex2 pended: Provided, That the sum herein appropriated from 

3 the general fund shall be reduced as offsetting collections 

4 of fees and surcharges assessed and collected by the USPTO 

5 under any law are received during fiscal year 2016, so as 

6 to result in a fiscal year 2016 appropriation from the gen7 eral fund estimated at $0: Provided further, That during 

8 fiscal year 2016, should the total amount of such offsetting 

9 collections be less than $3,272,000,000 this amount shall be 

10 reduced accordingly: Provided further, That any amount re11 ceived in excess of $3,272,000,000 in fiscal year 2016 and 

12 deposited in the Patent and Trademark Fee Reserve Fund 

13 shall remain available until expended: Provided further, 

14 That the Director of USPTO shall submit a spending plan 

15 to the Committees on Appropriations of the House of Rep16 resentatives and the Senate for any amounts made available 

17 by the preceding proviso and such spending plan shall be 

18 treated as a reprogramming under section 505 of this Act 

19 and shall not be available for obligation or expenditure ex20 cept in compliance with the procedures set forth in that sec21 tion: Provided further, That any amounts reprogrammed 

22 in accordance with the preceding proviso shall be trans23 ferred to the United States Patent and Trademark Office 

24 ‘‘Salaries and Expenses’’ account: Provided further, That 

25 from amounts provided herein, not to exceed $900 shall be 
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1 made available in fiscal year 2016 for official reception and 

2 representation expenses: Provided further, That in fiscal 

3 year 2016 from the amounts made available for ‘‘Salaries 

4 and Expenses’’ for the USPTO, the amounts necessary to 

5 pay (1) the difference between the percentage of basic pay 

6 contributed by the USPTO and employees under section 

7 8334(a) of title 5, United States Code, and the normal cost 

8 percentage (as defined by section 8331(17) of that title) as 

9 provided by the Office of Personnel Management (OPM) for 

10 USPTO’s specific use, of basic pay, of employees subject to 

11 subchapter III of chapter 83 of that title, and (2) the present 

12 value of the otherwise unfunded accruing costs, as deter13 mined by OPM for USPTO’s specific use of post-retirement 

14 life insurance and post-retirement health benefits coverage 

15 for all USPTO employees who are enrolled in Federal Em16 ployees Health Benefits (FEHB) and Federal Employees 

17 Group Life Insurance (FEGLI), shall be transferred to the 

18 Civil Service Retirement and Disability Fund, the FEGLI 

19 Fund, and the FEHB Fund, as appropriate, and shall be 

20 available for the authorized purposes of those accounts: Pro21 vided further, That any differences between the present 

22 value factors published in OPM’s yearly 300 series benefit 

23 letters and the factors that OPM provides for USPTO’s spe24 cific use shall be recognized as an imputed cost on USPTO’s 

25 financial statements, where applicable: Provided further, 
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1 That, notwithstanding any other provision of law, all fees 

2 and surcharges assessed and collected by USPTO are avail3 able for USPTO only pursuant to section 42(c) of title 35, 

4 United States Code, as amended by section 22 of the Leahy5 Smith America Invents Act (Public Law 112–29): Provided 

6 further, That within the amounts appropriated, $2,000,000 

7 shall be transferred to the ‘‘Office of Inspector General’’ ac8 count for activities associated with carrying out investiga9 tions and audits related to the USPTO. 

10 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

11 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses of the National Institute of 

14 Standards and Technology (NIST), $690,000,000, to re15 main available until expended, of which not to exceed 

16 $9,000,000 may be transferred to the ‘‘Working Capital 

17 Fund’’: Provided, That not to exceed $5,000 shall be for offi18 cial reception and representation expenses: Provided fur19 ther, That NIST may provide local transportation for sum20 mer undergraduate research fellowship program partici21 pants. 

22 INDUSTRIAL TECHNOLOGY SERVICES

23 For necessary expenses for industrial technology serv24 ices, $155,000,000, to remain available until expended, of 

25 which $130,000,000 shall be for the Hollings Manufacturing 
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1 Extension Partnership, and of which $25,000,000 shall be 

2 for the National Network for Manufacturing Innovation. 

3 CONSTRUCTION OF RESEARCH FACILITIES

4 For construction of new research facilities, including 

5 architectural and engineering design, and for renovation 

6 and maintenance of existing facilities, not otherwise pro7 vided for the National Institute of Standards and Tech8 nology, as authorized by sections 13 through 15 of the Na9 tional Institute of Standards and Technology Act (15 

10 U.S.C. 278c–278e), $119,000,000, to remain available until 

11 expended: Provided, That the Secretary of Commerce shall 

12 include in the budget justification materials that the Sec13 retary submits to Congress in support of the Department 

14 of Commerce budget (as submitted with the budget of the 

15 President under section 1105(a) of title 31, United States 

16 Code) an estimate for each National Institute of Standards 

17 and Technology construction project having a total multi18 year program cost of more than $5,000,000, and simulta19 neously the budget justification materials shall include an 

20 estimate of the budgetary requirements for each such project 

21 for each of the 5 subsequent fiscal years. 
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1 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

2 OPERATIONS, RESEARCH, AND FACILITIES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of activities authorized by law 

5 for the National Oceanic and Atmospheric Administration, 

6 including maintenance, operation, and hire of aircraft and 

7 vessels; grants, contracts, or other payments to nonprofit 

8 organizations for the purposes of conducting activities pur9 suant to cooperative agreements; and relocation of facilities, 

10 $3,305,813,000, to remain available until September 30, 

11 2017, except that funds provided for cooperative enforce12 ment shall remain available until September 30, 2018: Pro13 vided, That fees and donations received by the National 

14 Ocean Service for the management of national marine sanc15 tuaries may be retained and used for the salaries and ex16 penses associated with those activities, notwithstanding sec17 tion 3302 of title 31, United States Code: Provided further, 

18 That in addition, $130,164,000 shall be derived by transfer 

19 from the fund entitled ‘‘Promote and Develop Fishery Prod20 ucts and Research Pertaining to American Fisheries’’, 

21 which shall only be used for fishery activities related to the 

22 Saltonstall-Kennedy Grant Program, Cooperative Research, 

23 Annual Stock Assessments, Survey and Monitoring 

24 Projects, Interjurisdictional Fisheries Grants, and Fish In25 formation Networks: Provided further, That of the 
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1 $3,453,477,000 provided for in direct obligations under this 

2 heading, $3,305,813,000 is appropriated from the general 

3 fund, $130,164,000 is provided by transfer and $17,500,000 

4 is derived from recoveries of prior year obligations: Pro5 vided further, That the total amount available for National 

6 Oceanic and Atmospheric Administration corporate services 

7 administrative support costs shall not exceed $226,300,000: 

8 Provided further, That any deviation from the amounts des9 ignated for specific activities in the explanatory statement 

10 described in section 4 (in the matter preceding division A 

11 of this consolidated Act), or any use of deobligated balances 

12 of funds provided under this heading in previous years, 

13 shall be subject to the procedures set forth in section 505 

14 of this Act: Provided further, That in addition, for nec15 essary retired pay expenses under the Retired Serviceman’s 

16 Family Protection and Survivor Benefits Plan, and for 

17 payments for the medical care of retired personnel and their 

18 dependents under the Dependents Medical Care Act (10 

19 U.S.C. 55), such sums as may be necessary. 

20 PROCUREMENT, ACQUISITION AND CONSTRUCTION

21 (INCLUDING TRANSFER OF FUNDS)

22 For procurement, acquisition and construction of cap23 ital assets, including alteration and modification costs, of 

24 the National Oceanic and Atmospheric Administration, 

25 $2,400,416,000, to remain available until September 30, 
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1 2018, except that funds provided for acquisition and con2 struction of vessels and construction of facilities shall re3 main available until expended: Provided, That of the 

4 $2,413,416,000 provided for in direct obligations under this 

5 heading, $2,400,416,000 is appropriated from the general 

6 fund and $13,000,000 is provided from recoveries of prior 

7 year obligations: Provided further, That any deviation from 

8 the amounts designated for specific activities in the explan9 atory statement described in section 4 (in the matter pre10 ceding division A of this consolidated Act), or any use of 

11 deobligated balances of funds provided under this heading 

12 in previous years, shall be subject to the procedures set forth 

13 in section 505 of this Act: Provided further, That the Sec14 retary of Commerce shall include in budget justification 

15 materials that the Secretary submits to Congress in support 

16 of the Department of Commerce budget (as submitted with 

17 the budget of the President under section 1105(a) of title 

18 31, United States Code) an estimate for each National Oce19 anic and Atmospheric Administration procurement, acqui20 sition or construction project having a total of more than 

21 $5,000,000 and simultaneously the budget justification 

22 shall include an estimate of the budgetary requirements for 

23 each such project for each of the 5 subsequent fiscal years: 

24 Provided further, That within the amounts appropriated, 

25 $80,050,000 shall not be available for obligation or expendi-
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1 ture until 15 days after the Under Secretary of Commerce 

2 for Oceans and Atmosphere submits to the Committees on 

3 Appropriations of the House of Representatives and the 

4 Senate a fleet modernization and recapitalization plan: 

5 Provided further, That, within the amounts appropriated, 

6 $1,302,000 shall be transferred to the ‘‘Office of Inspector 

7 General’’ account for activities associated with carrying out 

8 investigations and audits related to satellite procurement, 

9 acquisition and construction. 

10 PACIFIC COASTAL SALMON RECOVERY

11 For necessary expenses associated with the restoration 

12 of Pacific salmon populations, $65,000,000, to remain 

13 available until September 30, 2017: Provided, That, of the 

14 funds provided herein, the Secretary of Commerce may 

15 issue grants to the States of Washington, Oregon, Idaho, 

16 Nevada, California, and Alaska, and to the Federally recog17 nized tribes of the Columbia River and Pacific Coast (in18 cluding Alaska), for projects necessary for conservation of 

19 salmon and steelhead populations that are listed as threat20 ened or endangered, or that are identified by a State as 

21 at-risk to be so listed, for maintaining populations nec22 essary for exercise of tribal treaty fishing rights or native 

23 subsistence fishing, or for conservation of Pacific coastal 

24 salmon and steelhead habitat, based on guidelines to be de25 veloped by the Secretary of Commerce: Provided further, 
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1 That all funds shall be allocated based on scientific and 

2 other merit principles and shall not be available for mar3 keting activities: Provided further, That funds disbursed to 

4 States shall be subject to a matching requirement of funds 

5 or documented in-kind contributions of at least 33 percent 

6 of the Federal funds. 

7 FISHERMEN’S CONTINGENCY FUND

8 For carrying out the provisions of title IV of Public 

9 Law 95–372, not to exceed $350,000, to be derived from re10 ceipts collected pursuant to that Act, to remain available 

11 until expended. 

12 FISHERIES FINANCE PROGRAM ACCOUNT

13 Subject to section 502 of the Congressional Budget Act 

14 of 1974, during fiscal year 2016, obligations of direct loans 

15 may not exceed $24,000,000 for Individual Fishing Quota 

16 loans and not to exceed $100,000,000 for traditional direct 

17 loans as authorized by the Merchant Marine Act of 1936. 

18 DEPARTMENTAL MANAGEMENT

19 SALARIES AND EXPENSES

20 For necessary expenses for the management of the De21 partment of Commerce provided for by law, including not 

22 to exceed $4,500 for official reception and representation, 

23 $58,000,000: Provided, That within amounts provided, the 

24 Secretary of Commerce may use up to $2,500,000 to engage 

25 in activities to provide businesses and communities with 
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1 information about and referrals to relevant Federal, State, 

2 and local government programs. 

3 RENOVATION AND MODERNIZATION

4 For necessary expenses for the renovation and mod5 ernization of Department of Commerce facilities, 

6 $19,062,000, to remain available until expended. 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector Gen9 eral in carrying out the provisions of the Inspector General 

10 Act of 1978 (5 U.S.C. App.), $32,000,000. 

11 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 101. During the current fiscal year, applicable 

14 appropriations and funds made available to the Depart15 ment of Commerce by this Act shall be available for the 

16 activities specified in the Act of October 26, 1949 (15 U.S.C. 

17 1514), to the extent and in the manner prescribed by the 

18 Act, and, notwithstanding 31 U.S.C. 3324, may be used for 

19 advanced payments not otherwise authorized only upon the 

20 certification of officials designated by the Secretary of Com21 merce that such payments are in the public interest. 

22 SEC. 102. During the current fiscal year, appropria23 tions made available to the Department of Commerce by 

24 this Act for salaries and expenses shall be available for hire 

25 of passenger motor vehicles as authorized by 31 U.S.C. 1343 
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1 and 1344; services as authorized by 5 U.S.C. 3109; and uni2 forms or allowances therefor, as authorized by law (5 U.S.C. 

3 5901–5902). 

4 SEC. 103. Not to exceed 5 percent of any appropriation 

5 made available for the current fiscal year for the Depart6 ment of Commerce in this Act may be transferred between 

7 such appropriations, but no such appropriation shall be in8 creased by more than 10 percent by any such transfers: Pro9 vided, That any transfer pursuant to this section shall be 

10 treated as a reprogramming of funds under section 505 of 

11 this Act and shall not be available for obligation or expendi12 ture except in compliance with the procedures set forth in 

13 that section: Provided further, That the Secretary of Com14 merce shall notify the Committees on Appropriations at 

15 least 15 days in advance of the acquisition or disposal of 

16 any capital asset (including land, structures, and equip17 ment) not specifically provided for in this Act or any other 

18 law appropriating funds for the Department of Commerce. 

19 SEC. 104. The requirements set forth by section 105 

20 of the Commerce, Justice, Science, and Related Agencies 

21 Appropriations Act, 2012 (Public Law 112–55), as amend22 ed by section 105 of title I of division B of Public Law 

23 113–6, are hereby adopted by reference and made applicable 

24 with respect to fiscal year 2016: Provided, That the life 

25 cycle cost for the Joint Polar Satellite System is 
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1 $11,322,125,000 and the life cycle cost for the Geostationary 

2 Operational Environmental Satellite R-Series Program is 

3 $10,828,059,000. 

4 SEC. 105. Notwithstanding any other provision of law, 

5 the Secretary may furnish services (including but not lim6 ited to utilities, telecommunications, and security services) 

7 necessary to support the operation, maintenance, and im8 provement of space that persons, firms, or organizations are 

9 authorized, pursuant to the Public Buildings Cooperative 

10 Use Act of 1976 or other authority, to use or occupy in 

11 the Herbert C. Hoover Building, Washington, DC, or other 

12 buildings, the maintenance, operation, and protection of 

13 which has been delegated to the Secretary from the Adminis14 trator of General Services pursuant to the Federal Property 

15 and Administrative Services Act of 1949 on a reimbursable 

16 or non-reimbursable basis. Amounts received as reimburse17 ment for services provided under this section or the author18 ity under which the use or occupancy of the space is author19 ized, up to $200,000, shall be credited to the appropriation 

20 or fund which initially bears the costs of such services. 

21 SEC. 106. Nothing in this title shall be construed to 

22 prevent a grant recipient from deterring child pornography, 

23 copyright infringement, or any other unlawful activity over 

24 its networks. 
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1 SEC. 107. The Administrator of the National Oceanic 

2 and Atmospheric Administration is authorized to use, with 

3 their consent, with reimbursement and subject to the limits 

4 of available appropriations, the land, services, equipment, 

5 personnel, and facilities of any department, agency, or in6 strumentality of the United States, or of any State, local 

7 government, Indian tribal government, Territory, or posses8 sion, or of any political subdivision thereof, or of any for9 eign government or international organization, for purposes 

10 related to carrying out the responsibilities of any statute 

11 administered by the National Oceanic and Atmospheric Ad12 ministration. 

13 SEC. 108. The National Technical Information Service 

14 shall not charge any customer for a copy of any report or 

15 document generated by the Legislative Branch unless the 

16 Service has provided information to the customer on how 

17 an electronic copy of such report or document may be 

18 accessed and downloaded for free online. Should a customer 

19 still require the Service to provide a printed or digital copy 

20 of the report or document, the charge shall be limited to 

21 recovering the Service’s cost of processing, reproducing, and 

22 delivering such report or document. 

23 SEC. 109. The Secretary of Commerce may waive the 

24 requirement for bonds under 40 U.S.C. 3131 with respect 

25 to contracts for the construction, alteration, or repair of ves-
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•HR 2029 EAH 

1 sels, regardless of the terms of the contracts as to payment 

2 or title, when the contract is made under the Coast and 

3 Geodetic Survey Act of 1947 (33 U.S.C. 883a et seq.). 

4 SEC. 110. (a) None of the funds made available by this 

5 Act or any other appropriations Act may be used by the 

6 Secretary of Commerce for management activities pursuant 

7 to the Fishery Management Plan for the Reef Fish Re8 sources of the Gulf of Mexico or any amendment to such 

9 Plan unless such management is conducted beyond the sea10 ward boundary of a coastal State as set out under sub11 section (b). 

12 (b) Notwithstanding any other provision of law, for 

13 the purpose of carrying out activities pursuant to the Fish14 ery Management Plan for the Reef Fish Resources of the 

15 Gulf of Mexico or any amendment to such Plan, the sea16 ward boundary of a coastal State in the Gulf of Mexico 

17 is a line 9 nautical miles seaward from the baseline from 

18 which the territorial sea of the United States is measured. 

19 SEC. 111. To carry out the responsibilities of the Na20 tional Oceanic and Atmospheric Administration (NOAA), 

21 the Administrator of NOAA is authorized to: (1) enter into 

22 grants and cooperative agreements with; (2) use on a non23 reimbursable basis land, services, equipment, personnel, and 

24 facilities provided by; and (3) receive and expend funds 

25 made available on a consensual basis from: a Federal agen-
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•HR 2029 EAH 

1 cy, State or subdivision thereof, local government, tribal 

2 government, territory, or possession or any subdivisions 

3 thereof: Provided, That funds received for permitting and 

4 related regulatory activities pursuant to this section shall 

5 be deposited under the heading ‘‘National Oceanic and At6 mospheric Administration—Operations, Research, and Fa7 cilities’’ and shall remain available until September 30, 

8 2018, for such purposes: Provided further, That all funds 

9 within this section and their corresponding uses are subject 

10 to section 505 of this Act. 

11 SEC. 112. Amounts provided by this Act or by any 

12 prior appropriations Act that remain available for obliga13 tion, for necessary expenses of the programs of the Econom14 ics and Statistics Administration of the Department of 

15 Commerce, including amounts provided for programs of the 

16 Bureau of Economic Analysis and the U.S. Census Bureau, 

17 shall be available for expenses of cooperative agreements 

18 with appropriate entities, including any Federal, State, or 

19 local governmental unit, or institution of higher education, 

20 to aid and promote statistical, research, and methodology 

21 activities which further the purposes for which such 

22 amounts have been made available. 

23 This title may be cited as the ‘‘Department of Com24 merce Appropriations Act, 2016’’. 
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1 TITLE II 

2 DEPARTMENT OF JUSTICE 

3 GENERAL ADMINISTRATION

4 SALARIES AND EXPENSES

5 For expenses necessary for the administration of the 

6 Department of Justice, $111,500,000, of which not to exceed 

7 $4,000,000 for security and construction of Department of 

8 Justice facilities shall remain available until expended. 

9 JUSTICE INFORMATION SHARING TECHNOLOGY

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses for information sharing tech12 nology, including planning, development, deployment and 

13 departmental direction, $31,000,000, to remain available 

14 until expended: Provided, That the Attorney General may 

15 transfer up to $35,400,000 to this account, from funds 

16 available to the Department of Justice for information tech17 nology, to remain available until expended, for enterprise18 wide information technology initiatives: Provided further, 

19 That the transfer authority in the preceding proviso is in 

20 addition to any other transfer authority contained in this 

21 Act. 

22 ADMINISTRATIVE REVIEW AND APPEALS

23 (INCLUDING TRANSFER OF FUNDS)

24 For expenses necessary for the administration of par25 don and clemency petitions and immigration-related activi-
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•HR 2029 EAH 

1 ties, $426,791,000, of which $4,000,000 shall be derived by 

2 transfer from the Executive Office for Immigration Review 

3 fees deposited in the ‘‘Immigration Examinations Fee’’ ac4 count: Provided, That of the amount available for the Exec5 utive Office for Immigration Review, not to exceed 

6 $15,000,000 shall remain available until expended. 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector Gen9 eral, $93,709,000, including not to exceed $10,000 to meet 

10 unforeseen emergencies of a confidential character. 

11 UNITED STATES PAROLE COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the United States Parole 

14 Commission as authorized, $13,308,000: Provided, That, 

15 notwithstanding any other provision of law, upon the expi16 ration of a term of office of a Commissioner, the Commis17 sioner may continue to act until a successor has been ap18 pointed. 

19 LEGAL ACTIVITIES

20 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

21 For expenses necessary for the legal activities of the 

22 Department of Justice, not otherwise provided for, includ23 ing not to exceed $20,000 for expenses of collecting evidence, 

24 to be expended under the direction of, and to be accounted 

25 for solely under the certificate of, the Attorney General; and 
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•HR 2029 EAH 

1 rent of private or Government-owned space in the District 

2 of Columbia, $893,000,000, of which not to exceed 

3 $20,000,000 for litigation support contracts shall remain 

4 available until expended: Provided, That of the amount pro5 vided for INTERPOL Washington dues payments, not to 

6 exceed $685,000 shall remain available until expended: Pro7 vided further, That of the total amount appropriated, not 

8 to exceed $9,000 shall be available to INTERPOL Wash9 ington for official reception and representation expenses: 

10 Provided further, That notwithstanding section 205 of this 

11 Act, upon a determination by the Attorney General that 

12 emergent circumstances require additional funding for liti13 gation activities of the Civil Division, the Attorney General 

14 may transfer such amounts to ‘‘Salaries and Expenses, 

15 General Legal Activities’’ from available appropriations for 

16 the current fiscal year for the Department of Justice, as 

17 may be necessary to respond to such circumstances: Pro18 vided further, That any transfer pursuant to the preceding 

19 proviso shall be treated as a reprogramming under section 

20 505 of this Act and shall not be available for obligation 

21 or expenditure except in compliance with the procedures set 

22 forth in that section: Provided further, That of the amount 

23 appropriated, such sums as may be necessary shall be avail24 able to the Civil Rights Division for salaries and expenses 

25 associated with the election monitoring program under sec-
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•HR 2029 EAH 

1 tion 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) 

2 and to reimburse the Office of Personnel Management for 

3 such salaries and expenses: Provided further, That of the 

4 amounts provided under this heading for the election moni5 toring program, $3,390,000 shall remain available until ex6 pended. 

7 In addition, for reimbursement of expenses of the De8 partment of Justice associated with processing cases under 

9 the National Childhood Vaccine Injury Act of 1986, not to 

10 exceed $9,358,000, to be appropriated from the Vaccine In11 jury Compensation Trust Fund. 

12 SALARIES AND EXPENSES, ANTITRUST DIVISION

13 For expenses necessary for the enforcement of antitrust 

14 and kindred laws, $164,977,000, to remain available until 

15 expended: Provided, That notwithstanding any other provi16 sion of law, fees collected for premerger notification filings 

17 under the Hart-Scott-Rodino Antitrust Improvements Act 

18 of 1976 (15 U.S.C. 18a), regardless of the year of collection 

19 (and estimated to be $124,000,000 in fiscal year 2016), 

20 shall be retained and used for necessary expenses in this 

21 appropriation, and shall remain available until expended: 

22 Provided further, That the sum herein appropriated from 

23 the general fund shall be reduced as such offsetting collec24 tions are received during fiscal year 2016, so as to result 
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1 in a final fiscal year 2016 appropriation from the general 

2 fund estimated at $40,977,000. 

3 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

4 For necessary expenses of the Offices of the United 

5 States Attorneys, including inter-governmental and cooper6 ative agreements, $2,000,000,000: Provided, That of the 

7 total amount appropriated, not to exceed $7,200 shall be 

8 available for official reception and representation expenses: 

9 Provided further, That not to exceed $25,000,000 shall re10 main available until expended: Provided further, That each 

11 United States Attorney shall establish or participate in a 

12 task force on human trafficking. 

13 UNITED STATES TRUSTEE SYSTEM FUND

14 For necessary expenses of the United States Trustee 

15 Program, as authorized, $225,908,000, to remain available 

16 until expended: Provided, That, notwithstanding any other 

17 provision of law, deposits to the United States Trustee Sys18 tem Fund and amounts herein appropriated shall be avail19 able in such amounts as may be necessary to pay refunds 

20 due depositors: Provided further, That, notwithstanding 

21 any other provision of law, fees collected pursuant to section 

22 589a(b) of title 28, United States Code, shall be retained 

23 and used for necessary expenses in this appropriation and 

24 shall remain available until expended: Provided further, 

25 That to the extent that fees collected in fiscal year 2016, 
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1 net of amounts necessary to pay refunds due depositors, ex2 ceed $225,908,000, those excess amounts shall be available 

3 in future fiscal years only to the extent provided in advance 

4 in appropriations Acts: Provided further, That the sum 

5 herein appropriated from the general fund shall be reduced 

6 (1) as such fees are received during fiscal year 2016, net 

7 of amounts necessary to pay refunds due depositors, (esti8 mated at $162,400,000) and (2) to the extent that any re9 maining general fund appropriations can be derived from 

10 amounts deposited in the Fund in previous fiscal years that 

11 are not otherwise appropriated, so as to result in a final 

12 fiscal year 2016 appropriation from the general fund esti13 mated at $0. 

14 SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT

15 COMMISSION

16 For expenses necessary to carry out the activities of 

17 the Foreign Claims Settlement Commission, including serv18 ices as authorized by section 3109 of title 5, United States 

19 Code, $2,374,000. 

20 FEES AND EXPENSES OF WITNESSES

21 For fees and expenses of witnesses, for expenses of con22 tracts for the procurement and supervision of expert wit23 nesses, for private counsel expenses, including advances, 

24 and for expenses of foreign counsel, $270,000,000, to remain 

25 available until expended, of which not to exceed $16,000,000 
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•HR 2029 EAH 

1 is for construction of buildings for protected witness 

2 safesites; not to exceed $3,000,000 is for the purchase and 

3 maintenance of armored and other vehicles for witness secu4 rity caravans; and not to exceed $13,000,000 is for the pur5 chase, installation, maintenance, and upgrade of secure 

6 telecommunications equipment and a secure automated in7 formation network to store and retrieve the identities and 

8 locations of protected witnesses: Provided, That amounts 

9 made available under this heading may not be transferred 

10 pursuant to section 205 of this Act. 

11 SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses of the Community Relations 

14 Service, $14,446,000: Provided, That notwithstanding sec15 tion 205 of this Act, upon a determination by the Attorney 

16 General that emergent circumstances require additional 

17 funding for conflict resolution and violence prevention ac18 tivities of the Community Relations Service, the Attorney 

19 General may transfer such amounts to the Community Re20 lations Service, from available appropriations for the cur21 rent fiscal year for the Department of Justice, as may be 

22 necessary to respond to such circumstances: Provided fur23 ther, That any transfer pursuant to the preceding proviso 

24 shall be treated as a reprogramming under section 505 of 

25 this Act and shall not be available for obligation or expendi-
134 

•HR 2029 EAH 

1 ture except in compliance with the procedures set forth in 

2 that section. 

3 ASSETS FORFEITURE FUND

4 For expenses authorized by subparagraphs (B), (F), 

5 and (G) of section 524(c)(1) of title 28, United States Code, 

6 $20,514,000, to be derived from the Department of Justice 

7 Assets Forfeiture Fund. 

8 UNITED STATES MARSHALS SERVICE

9 SALARIES AND EXPENSES

10 For necessary expenses of the United States Marshals 

11 Service, $1,230,581,000, of which not to exceed $6,000 shall 

12 be available for official reception and representation ex13 penses, and not to exceed $15,000,000 shall remain avail14 able until expended. 

15 CONSTRUCTION

16 For construction in space controlled, occupied or uti17 lized by the United States Marshals Service for prisoner 

18 holding and related support, $15,000,000, to remain avail19 able until expended. 

20 FEDERAL PRISONER DETENTION

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses related to United States pris23 oners in the custody of the United States Marshals Service 

24 as authorized by section 4013 of title 18, United States 

25 Code, $1,454,414,000, to remain available until expended: 
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•HR 2029 EAH 

1 Provided, That not to exceed $20,000,000 shall be considered 

2 ‘‘funds appropriated for State and local law enforcement 

3 assistance’’ pursuant to section 4013(b) of title 18, United 

4 States Code: Provided further, That the United States Mar5 shals Service shall be responsible for managing the Justice 

6 Prisoner and Alien Transportation System: Provided fur7 ther, That any unobligated balances available from funds 

8 appropriated under the heading ‘‘General Administration, 

9 Detention Trustee’’ shall be transferred to and merged with 

10 the appropriation under this heading. 

11 NATIONAL SECURITY DIVISION

12 SALARIES AND EXPENSES

13 (INCLUDING TRANSFER OF FUNDS)

14 For expenses necessary to carry out the activities of 

15 the National Security Division, $95,000,000, of which not 

16 to exceed $5,000,000 for information technology systems 

17 shall remain available until expended: Provided, That not18 withstanding section 205 of this Act, upon a determination 

19 by the Attorney General that emergent circumstances re20 quire additional funding for the activities of the National 

21 Security Division, the Attorney General may transfer such 

22 amounts to this heading from available appropriations for 

23 the current fiscal year for the Department of Justice, as 

24 may be necessary to respond to such circumstances: Pro25 vided further, That any transfer pursuant to the preceding 
136 

•HR 2029 EAH 

1 proviso shall be treated as a reprogramming under section 

2 505 of this Act and shall not be available for obligation 

3 or expenditure except in compliance with the procedures set 

4 forth in that section. 

5 INTERAGENCY LAW ENFORCEMENT

6 INTERAGENCY CRIME AND DRUG ENFORCEMENT

7 For necessary expenses for the identification, inves8 tigation, and prosecution of individuals associated with the 

9 most significant drug trafficking and affiliated money 

10 laundering organizations not otherwise provided for, to in11 clude inter-governmental agreements with State and local 

12 law enforcement agencies engaged in the investigation and 

13 prosecution of individuals involved in organized crime drug 

14 trafficking, $512,000,000, of which $50,000,000 shall re15 main available until expended: Provided, That any 

16 amounts obligated from appropriations under this heading 

17 may be used under authorities available to the organiza18 tions reimbursed from this appropriation. 

19 FEDERAL BUREAU OF INVESTIGATION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Federal Bureau of Inves22 tigation for detection, investigation, and prosecution of 

23 crimes against the United States, $8,489,786,000, of which 

24 not to exceed $216,900,000 shall remain available until ex-
137 

•HR 2029 EAH 

1 pended: Provided, That not to exceed $184,500 shall be 

2 available for official reception and representation expenses. 

3 CONSTRUCTION

4 For necessary expenses, to include the cost of equip5 ment, furniture, and information technology requirements, 

6 related to construction or acquisition of buildings, facilities 

7 and sites by purchase, or as otherwise authorized by law; 

8 conversion, modification and extension of federally owned 

9 buildings; and preliminary planning and design of projects; 

10 $308,982,000, to remain available until expended. 

11 DRUG ENFORCEMENT ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Drug Enforcement Ad14 ministration, including not to exceed $70,000 to meet un15 foreseen emergencies of a confidential character pursuant 

16 to section 530C of title 28, United States Code; and expenses 

17 for conducting drug education and training programs, in18 cluding travel and related expenses for participants in such 

19 programs and the distribution of items of token value that 

20 promote the goals of such programs, $2,080,000,000, of 

21 which not to exceed $75,000,000 shall remain available 

22 until expended and not to exceed $90,000 shall be available 

23 for official reception and representation expenses. 
138 

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1 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

2 EXPLOSIVES

3 SALARIES AND EXPENSES

4 For necessary expenses of the Bureau of Alcohol, To5 bacco, Firearms and Explosives, for training of State and 

6 local law enforcement agencies with or without reimburse7 ment, including training in connection with the training 

8 and acquisition of canines for explosives and fire 

9 accelerants detection; and for provision of laboratory assist10 ance to State and local law enforcement agencies, with or 

11 without reimbursement, $1,240,000,000, of which not to ex12 ceed $36,000 shall be for official reception and representa13 tion expenses, not to exceed $1,000,000 shall be available 

14 for the payment of attorneys’ fees as provided by section 

15 924(d)(2) of title 18, United States Code, and not to exceed 

16 $20,000,000 shall remain available until expended: Pro17 vided, That none of the funds appropriated herein shall be 

18 available to investigate or act upon applications for relief 

19 from Federal firearms disabilities under section 925(c) of 

20 title 18, United States Code: Provided further, That such 

21 funds shall be available to investigate and act upon appli22 cations filed by corporations for relief from Federal fire23 arms disabilities under section 925(c) of title 18, United 

24 States Code: Provided further, That no funds made avail25 able by this or any other Act may be used to transfer the 
139 

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1 functions, missions, or activities of the Bureau of Alcohol, 

2 Tobacco, Firearms and Explosives to other agencies or De3 partments. 

4 FEDERAL PRISON SYSTEM

5 SALARIES AND EXPENSES

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses of the Federal Prison System 

8 for the administration, operation, and maintenance of Fed9 eral penal and correctional institutions, and for the provi10 sion of technical assistance and advice on corrections re11 lated issues to foreign governments, $6,948,500,000: Pro12 vided, That the Attorney General may transfer to the De13 partment of Health and Human Services such amounts as 

14 may be necessary for direct expenditures by that Depart15 ment for medical relief for inmates of Federal penal and 

16 correctional institutions: Provided further, That the Direc17 tor of the Federal Prison System, where necessary, may 

18 enter into contracts with a fiscal agent or fiscal inter19 mediary claims processor to determine the amounts payable 

20 to persons who, on behalf of the Federal Prison System, fur21 nish health services to individuals committed to the custody 

22 of the Federal Prison System: Provided further, That not 

23 to exceed $5,400 shall be available for official reception and 

24 representation expenses: Provided further, That not to ex25 ceed $50,000,000 shall remain available for necessary oper-
140 

•HR 2029 EAH 

1 ations until September 30, 2017: Provided further, That, 

2 of the amounts provided for contract confinement, not to 

3 exceed $20,000,000 shall remain available until expended 

4 to make payments in advance for grants, contracts and re5 imbursable agreements, and other expenses: Provided fur6 ther, That the Director of the Federal Prison System may 

7 accept donated property and services relating to the oper8 ation of the prison card program from a not-for-profit enti9 ty which has operated such program in the past, notwith10 standing the fact that such not-for-profit entity furnishes 

11 services under contracts to the Federal Prison System relat12 ing to the operation of pre-release services, halfway houses, 

13 or other custodial facilities. 

14 BUILDINGS AND FACILITIES

15 For planning, acquisition of sites and construction of 

16 new facilities; purchase and acquisition of facilities and re17 modeling, and equipping of such facilities for penal and 

18 correctional use, including all necessary expenses incident 

19 thereto, by contract or force account; and constructing, re20 modeling, and equipping necessary buildings and facilities 

21 at existing penal and correctional institutions, including 

22 all necessary expenses incident thereto, by contract or force 

23 account, $530,000,000, to remain available until expended, 

24 of which $444,000,000 shall be available only for costs re25 lated to construction of new facilities: Provided, That labor 
141 

•HR 2029 EAH 

1 of United States prisoners may be used for work performed 

2 under this appropriation. 

3 FEDERAL PRISON INDUSTRIES, INCORPORATED

4 The Federal Prison Industries, Incorporated, is hereby 

5 authorized to make such expenditures within the limits of 

6 funds and borrowing authority available, and in accord 

7 with the law, and to make such contracts and commitments 

8 without regard to fiscal year limitations as provided by sec9 tion 9104 of title 31, United States Code, as may be nec10 essary in carrying out the program set forth in the budget 

11 for the current fiscal year for such corporation. 

12 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

13 PRISON INDUSTRIES, INCORPORATED

14 Not to exceed $2,700,000 of the funds of the Federal 

15 Prison Industries, Incorporated, shall be available for its 

16 administrative expenses, and for services as authorized by 

17 section 3109 of title 5, United States Code, to be computed 

18 on an accrual basis to be determined in accordance with 

19 the corporation’s current prescribed accounting system, and 

20 such amounts shall be exclusive of depreciation, payment 

21 of claims, and expenditures which such accounting system 

22 requires to be capitalized or charged to cost of commodities 

23 acquired or produced, including selling and shipping ex24 penses, and expenses in connection with acquisition, con25 struction, operation, maintenance, improvement, protec-
142 

•HR 2029 EAH 

1 tion, or disposition of facilities and other property belong2 ing to the corporation or in which it has an interest. 

3 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

4 OFFICE ON VIOLENCE AGAINST WOMEN

5 VIOLENCE AGAINST WOMEN PREVENTION AND

6 PROSECUTION PROGRAMS

7 For grants, contracts, cooperative agreements, and 

8 other assistance for the prevention and prosecution of vio9 lence against women, as authorized by the Omnibus Crime 

10 Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 

11 seq.) (‘‘the 1968 Act’’); the Violent Crime Control and Law 

12 Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 

13 Act’’); the Victims of Child Abuse Act of 1990 (Public Law 

14 101–647) (‘‘the 1990 Act’’); the Prosecutorial Remedies and 

15 Other Tools to end the Exploitation of Children Today Act 

16 of 2003 (Public Law 108–21); the Juvenile Justice and De17 linquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) 

18 (‘‘the 1974 Act’’); the Victims of Trafficking and Violence 

19 Protection Act of 2000 (Public Law 106–386) (‘‘the 2000 

20 Act’’); the Violence Against Women and Department of Jus21 tice Reauthorization Act of 2005 (Public Law 109–162) 

22 (‘‘the 2005 Act’’); the Violence Against Women Reauthoriza23 tion Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); and 

24 the Rape Survivor Child Custody Act of 2015 (Public Law 

25 114–22) (‘‘the 2015 Act’’); and for related victims services, 
143 

•HR 2029 EAH 

1 $480,000,000, to remain available until expended, of which 

2 $379,000,000 shall be derived by transfer from amounts 

3 available for obligation in this Act from the Fund estab4 lished by section 1402 of chapter XIV of title II of Public 

5 Law 98–473 (42 U.S.C. 10601), notwithstanding section 

6 1402(d) of such Act of 1984, and merged with the amounts 

7 otherwise made available under this heading: Provided, 

8 That except as otherwise provided by law, not to exceed 5 

9 percent of funds made available under this heading may 

10 be used for expenses related to evaluation, training, and 

11 technical assistance: Provided further, That of the amount 

12 provided— 

13 (1) $215,000,000 is for grants to combat violence 

14 against women, as authorized by part T of the 1968 

15 Act; 

16 (2) $30,000,000 is for transitional housing as17 sistance grants for victims of domestic violence, dat18 ing violence, stalking, or sexual assault as authorized 

19 by section 40299 of the 1994 Act; 

20 (3) $5,000,000 is for the National Institute of 

21 Justice for research and evaluation of violence against 

22 women and related issues addressed by grant pro23 grams of the Office on Violence Against Women, 

24 which shall be transferred to ‘‘Research, Evaluation 
144 

•HR 2029 EAH 

1 and Statistics’’ for administration by the Office of 

2 Justice Programs; 

3 (4) $11,000,000 is for a grant program to pro4 vide services to advocate for and respond to youth vic5 tims of domestic violence, dating violence, sexual as6 sault, and stalking; assistance to children and youth 

7 exposed to such violence; programs to engage men and 

8 youth in preventing such violence; and assistance to 

9 middle and high school students through education 

10 and other services related to such violence: Provided, 

11 That unobligated balances available for the programs 

12 authorized by sections 41201, 41204, 41303, and 

13 41305 of the 1994 Act, prior to its amendment by the 

14 2013 Act, shall be available for this program: Pro15 vided further, That 10 percent of the total amount 

16 available for this grant program shall be available for 

17 grants under the program authorized by section 2015 

18 of the 1968 Act: Provided further, That the definitions 

19 and grant conditions in section 40002 of the 1994 Act 

20 shall apply to this program; 

21 (5) $51,000,000 is for grants to encourage arrest 

22 policies as authorized by part U of the 1968 Act, of 

23 which $4,000,000 is for a homicide reduction initia24 tive; 
145 

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1 (6) $35,000,000 is for sexual assault victims as2 sistance, as authorized by section 41601 of the 1994 

3 Act; 

4 (7) $34,000,000 is for rural domestic violence 

5 and child abuse enforcement assistance grants, as au6 thorized by section 40295 of the 1994 Act; 

7 (8) $20,000,000 is for grants to reduce violent 

8 crimes against women on campus, as authorized by 

9 section 304 of the 2005 Act; 

10 (9) $45,000,000 is for legal assistance for vic11 tims, as authorized by section 1201 of the 2000 Act; 

12 (10) $5,000,000 is for enhanced training and 

13 services to end violence against and abuse of women 

14 in later life, as authorized by section 40802 of the 

15 1994 Act; 

16 (11) $16,000,000 is for grants to support fami17 lies in the justice system, as authorized by section 

18 1301 of the 2000 Act: Provided, That unobligated bal19 ances available for the programs authorized by section 

20 1301 of the 2000 Act and section 41002 of the 1994 

21 Act, prior to their amendment by the 2013 Act, shall 

22 be available for this program; 

23 (12) $6,000,000 is for education and training to 

24 end violence against and abuse of women with dis-
146 

•HR 2029 EAH 

1 abilities, as authorized by section 1402 of the 2000 

2 Act; 

3 (13) $500,000 is for the National Resource Cen4 ter on Workplace Responses to assist victims of do5 mestic violence, as authorized by section 41501 of the 

6 1994 Act; 

7 (14) $1,000,000 is for analysis and research on 

8 violence against Indian women, including as author9 ized by section 904 of the 2005 Act: Provided, That 

10 such funds may be transferred to ‘‘Research, Evalua11 tion and Statistics’’ for administration by the Office 

12 of Justice Programs; 

13 (15) $500,000 is for a national clearinghouse 

14 that provides training and technical assistance on 

15 issues relating to sexual assault of American Indian 

16 and Alaska Native women; 

17 (16) $2,500,000 is for grants to assist tribal gov18 ernments in exercising special domestic violence 

19 criminal jurisdiction, as authorized by section 904 of 

20 the 2013 Act: Provided, That the grant conditions in 

21 section 40002(b) of the 1994 Act shall apply to this 

22 program; and 

23 (17) $2,500,000 for the purposes authorized 

24 under the 2015 Act. 
147 

•HR 2029 EAH 

1 OFFICE OF JUSTICE PROGRAMS

2 RESEARCH, EVALUATION AND STATISTICS

3 For grants, contracts, cooperative agreements, and 

4 other assistance authorized by title I of the Omnibus Crime 

5 Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the 

6 Juvenile Justice and Delinquency Prevention Act of 1974 

7 (‘‘the 1974 Act’’); the Missing Children’s Assistance Act (42 

8 U.S.C. 5771 et seq.); the Prosecutorial Remedies and Other 

9 Tools to end the Exploitation of Children Today Act of 2003 

10 (Public Law 108–21); the Justice for All Act of 2004 (Pub11 lic Law 108–405); the Violence Against Women and De12 partment of Justice Reauthorization Act of 2005 (Public 

13 Law 109–162) (‘‘the 2005 Act’’); the Victims of Child Abuse 

14 Act of 1990 (Public Law 101–647); the Second Chance Act 

15 of 2007 (Public Law 110–199); the Victims of Crime Act 

16 of 1984 (Public Law 98–473); the Adam Walsh Child Pro17 tection and Safety Act of 2006 (Public Law 109–248) (‘‘the 

18 Adam Walsh Act’’); the PROTECT Our Children Act of 

19 2008 (Public Law 110–401); subtitle D of title II of the 

20 Homeland Security Act of 2002 (Public Law 107–296) 

21 (‘‘the 2002 Act’’); the NICS Improvement Amendments Act 

22 of 2007 (Public Law 110–180); the Violence Against Women 

23 Reauthorization Act of 2013 (Public Law 113–4) (‘‘the 

24 2013 Act’’); and other programs, $116,000,000, to remain 

25 available until expended, of which— 
148 

•HR 2029 EAH 

1 (1) $41,000,000 is for criminal justice statistics 

2 programs, and other activities, as authorized by part 

3 C of title I of the 1968 Act; 

4 (2) $36,000,000 is for research, development, and 

5 evaluation programs, and other activities as author6 ized by part B of title I of the 1968 Act and subtitle 

7 D of title II of the 2002 Act; 

8 (3) $35,000,000 is for regional information shar9 ing activities, as authorized by part M of title I of 

10 the 1968 Act; and 

11 (4) $4,000,000 is for activities to strengthen and 

12 enhance the practice of forensic sciences, of which 

13 $3,000,000 is for transfer to the National Institute of 

14 Standards and Technology to support Scientific Area 

15 Committees. 

16 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

17 For grants, contracts, cooperative agreements, and 

18 other assistance authorized by the Violent Crime Control 

19 and Law Enforcement Act of 1994 (Public Law 103–322) 

20 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe 

21 Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All 

22 Act of 2004 (Public Law 108–405); the Victims of Child 

23 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); 

24 the Trafficking Victims Protection Reauthorization Act of 

25 2005 (Public Law 109–164); the Violence Against Women 
149 

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1 and Department of Justice Reauthorization Act of 2005 

2 (Public Law 109–162) (‘‘the 2005 Act’’); the Adam Walsh 

3 Child Protection and Safety Act of 2006 (Public Law 109– 

4 248) (‘‘the Adam Walsh Act’’); the Victims of Trafficking 

5 and Violence Protection Act of 2000 (Public Law 106–386); 

6 the NICS Improvement Amendments Act of 2007 (Public 

7 Law 110–180); subtitle D of title II of the Homeland Secu8 rity Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); 

9 the Second Chance Act of 2007 (Public Law 110–199); the 

10 Prioritizing Resources and Organization for Intellectual 

11 Property Act of 2008 (Public Law 110–403); the Victims 

12 of Crime Act of 1984 (Public Law 98–473); the Mentally 

13 Ill Offender Treatment and Crime Reduction Reauthoriza14 tion and Improvement Act of 2008 (Public Law 110–416); 

15 the Violence Against Women Reauthorization Act of 2013 

16 (Public Law 113–4) (‘‘the 2013 Act’’); and other programs, 

17 $1,408,500,000, to remain available until expended as fol18 lows— 

19 (1) $476,000,000 for the Edward Byrne Memo20 rial Justice Assistance Grant program as authorized 

21 by subpart 1 of part E of title I of the 1968 Act (ex22 cept that section 1001(c), and the special rules for 

23 Puerto Rico under section 505(g) of title I of the 1968 

24 Act shall not apply for purposes of this Act), of 

25 which, notwithstanding such subpart 1, $15,000,000 
150 

•HR 2029 EAH 

1 is for an Officer Robert Wilson III memorial initia2 tive on Preventing Violence Against Law Enforcement 

3 Officer Resilience and Survivability (VALOR), 

4 $4,000,000 is for use by the National Institute of Jus5 tice for research targeted toward developing a better 

6 understanding of the domestic radicalization phe7 nomenon, and advancing evidence-based strategies for 

8 effective intervention and prevention, $5,000,000 is 

9 for an initiative to support evidence-based policing, 

10 $2,500,000 is for an initiative to enhance prosecu11 torial decision-making, $100,000,000 is for grants for 

12 law enforcement activities associated with the presi13 dential nominating conventions, and $2,400,000 is 

14 for the operationalization, maintenance and expan15 sion of the National Missing and Unidentified Per16 sons System; 

17 (2) $210,000,000 for the State Criminal Alien 

18 Assistance Program, as authorized by section 

19 241(i)(5) of the Immigration and Nationality Act (8 

20 U.S.C. 1231(i)(5)): Provided, That no jurisdiction 

21 shall request compensation for any cost greater than 

22 the actual cost for Federal immigration and other de23 tainees housed in State and local detention facilities; 

24 (3) $45,000,000 for victim services programs for 

25 victims of trafficking, as authorized by section 
151 

•HR 2029 EAH 

1 107(b)(2) of Public Law 106–386, for programs au2 thorized under Public Law 109–164, or programs au3 thorized under Public Law 113–4; 

4 (4) $42,000,000 for Drug Courts, as authorized 

5 by section 1001(a)(25)(A) of title I of the 1968 Act; 

6 (5) $10,000,000 for mental health courts and 

7 adult and juvenile collaboration program grants, as 

8 authorized by parts V and HH of title I of the 1968 

9 Act, and the Mentally Ill Offender Treatment and 

10 Crime Reduction Reauthorization and Improvement 

11 Act of 2008 (Public Law 110–416); 

12 (6) $12,000,000 for grants for Residential Sub13 stance Abuse Treatment for State Prisoners, as au14 thorized by part S of title I of the 1968 Act; 

15 (7) $2,500,000 for the Capital Litigation Im16 provement Grant Program, as authorized by section 

17 426 of Public Law 108–405, and for grants for 

18 wrongful conviction review; 

19 (8) $13,000,000 for economic, high technology 

20 and Internet crime prevention grants, including as 

21 authorized by section 401 of Public Law 110–403; 

22 (9) $2,000,000 for a student loan repayment as23 sistance program pursuant to section 952 of Public 

24 Law 110–315; 
152 

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1 (10) $20,000,000 for sex offender management 

2 assistance, as authorized by the Adam Walsh Act, and 

3 related activities; 

4 (11) $8,000,000 for an initiative relating to chil5 dren exposed to violence; 

6 (12) $22,500,000 for the matching grant pro7 gram for law enforcement armor vests, as authorized 

8 by section 2501 of title I of the 1968 Act: Provided, 

9 That $1,500,000 is transferred directly to the Na10 tional Institute of Standards and Technology’s Office 

11 of Law Enforcement Standards for research, testing 

12 and evaluation programs; 

13 (13) $1,000,000 for the National Sex Offender 

14 Public Website; 

15 (14) $6,500,000 for competitive and evidence16 based programs to reduce gun crime and gang vio17 lence; 

18 (15) $73,000,000 for grants to States to upgrade 

19 criminal and mental health records for the National 

20 Instant Criminal Background Check System, of which 

21 no less than $25,000,000 shall be for grants made 

22 under the authorities of the NICS Improvement 

23 Amendments Act of 2007 (Public Law 110–180); 
153 

•HR 2029 EAH 

1 (16) $13,500,000 for Paul Coverdell Forensic 

2 Sciences Improvement Grants under part BB of title 

3 I of the 1968 Act; 

4 (17) $125,000,000 for DNA-related and forensic 

5 programs and activities, of which— 

6 (A) $117,000,000 is for a DNA analysis 

7 and capacity enhancement program and for 

8 other local, State, and Federal forensic activities, 

9 including the purposes authorized under section 

10 2 of the DNA Analysis Backlog Elimination Act 

11 of 2000 (Public Law 106–546) (the Debbie Smith 

12 DNA Backlog Grant Program): Provided, That 

13 up to 4 percent of funds made available under 

14 this paragraph may be used for the purposes de15 scribed in the DNA Training and Education for 

16 Law Enforcement, Correctional Personnel, and 

17 Court Officers program (Public Law 108–405, 

18 section 303); 

19 (B) $4,000,000 is for the purposes described 

20 in the Kirk Bloodsworth Post-Conviction DNA 

21 Testing Program (Public Law 108–405, section 

22 412); and 

23 (C) $4,000,000 is for Sexual Assault Foren24 sic Exam Program grants, including as author25 ized by section 304 of Public Law 108–405; 
154 

•HR 2029 EAH 

1 (18) $45,000,000 for a grant program for com2 munity-based sexual assault response reform; 

3 (19) $9,000,000 for the court-appointed special 

4 advocate program, as authorized by section 217 of the 

5 1990 Act; 

6 (20) $30,000,000 for assistance to Indian tribes; 

7 (21) $68,000,000 for offender reentry programs 

8 and research, as authorized by the Second Chance Act 

9 of 2007 (Public Law 110–199), without regard to the 

10 time limitations specified at section 6(1) of such Act, 

11 of which not to exceed $6,000,000 is for a program to 

12 improve State, local, and tribal probation or parole 

13 supervision efforts and strategies, $5,000,000 is for 

14 Children of Incarcerated Parents Demonstrations to 

15 enhance and maintain parental and family relation16 ships for incarcerated parents as a reentry or recidi17 vism reduction strategy, and $4,000,000 is for addi18 tional replication sites employing the Project HOPE 

19 Opportunity Probation with Enforcement model im20 plementing swift and certain sanctions in probation, 

21 and for a research project on the effectiveness of the 

22 model: Provided, That up to $7,500,000 of funds 

23 made available in this paragraph may be used for 

24 performance-based awards for Pay for Success 

25 projects, of which up to $5,000,000 shall be for Pay 
155 

•HR 2029 EAH 

1 for Success programs implementing the Permanent 

2 Supportive Housing Model; 

3 (22) $6,000,000 for a veterans treatment courts 

4 program; 

5 (23) $13,000,000 for a program to monitor pre6 scription drugs and scheduled listed chemical prod7 ucts; 

8 (24) $10,500,000 for prison rape prevention and 

9 prosecution grants to States and units of local govern10 ment, and other programs, as authorized by the Pris11 on Rape Elimination Act of 2003 (Public Law 108– 

12 79); 

13 (25) $75,000,000 for the Comprehensive School 

14 Safety Initiative: Provided, That section 213 of this 

15 Act shall not apply with respect to the amount made 

16 available in this paragraph; and 

17 (26) $70,000,000 for initiatives to improve po18 lice-community relations, of which $22,500,000 is for 

19 a competitive matching grant program for purchases 

20 of body-worn cameras for State, local and tribal law 

21 enforcement, $27,500,000 is for a justice reinvestment 

22 initiative, for activities related to criminal justice re23 form and recidivism reduction, $5,000,000 is for re24 search and statistics on body-worn cameras and com25 munity trust issues, and $15,000,000 is for an Ed-
156 

•HR 2029 EAH 

1 ward Byrne Memorial criminal justice innovation 

2 program: 

3 Provided, That, if a unit of local government uses any of 

4 the funds made available under this heading to increase the 

5 number of law enforcement officers, the unit of local govern6 ment will achieve a net gain in the number of law enforce7 ment officers who perform non-administrative public sector 

8 safety service. 

9 JUVENILE JUSTICE PROGRAMS

10 For grants, contracts, cooperative agreements, and 

11 other assistance authorized by the Juvenile Justice and De12 linquency Prevention Act of 1974 (‘‘the 1974 Act’’); the Om13 nibus Crime Control and Safe Streets Act of 1968 (‘‘the 

14 1968 Act’’); the Violence Against Women and Department 

15 of Justice Reauthorization Act of 2005 (Public Law 109– 

16 162) (‘‘the 2005 Act’’); the Missing Children’s Assistance 

17 Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies 

18 and Other Tools to end the Exploitation of Children Today 

19 Act of 2003 (Public Law 108–21); the Victims of Child 

20 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); 

21 the Adam Walsh Child Protection and Safety Act of 2006 

22 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the PRO23 TECT Our Children Act of 2008 (Public Law 110–401); 

24 the Violence Against Women Reauthorization Act of 2013 

25 (Public Law 113–4) (‘‘the 2013 Act’’); and other juvenile 
157 

•HR 2029 EAH 

1 justice programs, $270,160,000, to remain available until 

2 expended as follows— 

3 (1) $58,000,000 for programs authorized by sec4 tion 221 of the 1974 Act, and for training and tech5 nical assistance to assist small, nonprofit organiza6 tions with the Federal grants process: Provided, That 

7 of the amounts provided under this paragraph, 

8 $500,000 shall be for a competitive demonstration 

9 grant program to support emergency planning among 

10 State, local and tribal juvenile justice residential fa11 cilities; 

12 (2) $90,000,000 for youth mentoring grants; 

13 (3) $17,500,000 for delinquency prevention, as 

14 authorized by section 505 of the 1974 Act, of which, 

15 pursuant to sections 261 and 262 thereof— 

16 (A) $10,000,000 shall be for the Tribal 

17 Youth Program; 

18 (B) $5,000,000 shall be for gang and youth 

19 violence education, prevention and intervention, 

20 and related activities; 

21 (C) $500,000 shall be for an Internet site 

22 providing information and resources on children 

23 of incarcerated parents; and 
158 

•HR 2029 EAH 

1 (D) $2,000,000 shall be for competitive 

2 grants focusing on girls in the juvenile justice 

3 system; 

4 (4) $20,000,000 for programs authorized by the 

5 Victims of Child Abuse Act of 1990; 

6 (5) $8,000,000 for community-based violence pre7 vention initiatives, including for public health ap8 proaches to reducing shootings and violence; 

9 (6) $72,160,000 for missing and exploited chil10 dren programs, including as authorized by sections 

11 404(b) and 405(a) of the 1974 Act (except that section 

12 102(b)(4)(B) of the PROTECT Our Children Act of 

13 2008 (Public Law 110–401) shall not apply for pur14 poses of this Act); 

15 (7) $2,000,000 for child abuse training programs 

16 for judicial personnel and practitioners, as authorized 

17 by section 222 of the 1990 Act; and 

18 (8) $2,500,000 for a program to improve juvenile 

19 indigent defense: 

20 Provided, That not more than 10 percent of each amount 

21 may be used for research, evaluation, and statistics activi22 ties designed to benefit the programs or activities author23 ized: Provided further, That not more than 2 percent of the 

24 amounts designated under paragraphs (1) through (4) and 

25 (7) may be used for training and technical assistance: Pro-
159 

•HR 2029 EAH 

1 vided further, That the two preceding provisos shall not 

2 apply to grants and projects administered pursuant to sec3 tions 261 and 262 of the 1974 Act and to missing and ex4 ploited children programs. 

5 PUBLIC SAFETY OFFICER BENEFITS

6 (INCLUDING TRANSFER OF FUNDS)

7 For payments and expenses authorized under section 

8 1001(a)(4) of title I of the Omnibus Crime Control and Safe 

9 Streets Act of 1968, such sums as are necessary (including 

10 amounts for administrative costs), to remain available 

11 until expended; and $16,300,000 for payments authorized 

12 by section 1201(b) of such Act and for educational assist13 ance authorized by section 1218 of such Act, to remain 

14 available until expended: Provided, That notwithstanding 

15 section 205 of this Act, upon a determination by the Attor16 ney General that emergent circumstances require additional 

17 funding for such disability and education payments, the At18 torney General may transfer such amounts to ‘‘Public Safe19 ty Officer Benefits’’ from available appropriations for the 

20 Department of Justice as may be necessary to respond to 

21 such circumstances: Provided further, That any transfer 

22 pursuant to the preceding proviso shall be treated as a re23 programming under section 505 of this Act and shall not 

24 be available for obligation or expenditure except in compli25 ance with the procedures set forth in that section. 
160 

•HR 2029 EAH 

1 COMMUNITY ORIENTED POLICING SERVICES

2 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

3 (INCLUDING TRANSFER OF FUNDS)

4 For activities authorized by the Violent Crime Control 

5 and Law Enforcement Act of 1994 (Public Law 103–322); 

6 the Omnibus Crime Control and Safe Streets Act of 1968 

7 (‘‘the 1968 Act’’); and the Violence Against Women and De8 partment of Justice Reauthorization Act of 2005 (Public 

9 Law 109–162) (‘‘the 2005 Act’’), $212,000,000, to remain 

10 available until expended: Provided, That any balances 

11 made available through prior year deobligations shall only 

12 be available in accordance with section 505 of this Act: Pro13 vided further, That of the amount provided under this head14 ing— 

15 (1) $11,000,000 is for anti-methamphetamine-re16 lated activities, which shall be transferred to the Drug 

17 Enforcement Administration upon enactment of this 

18 Act; 

19 (2) $187,000,000 is for grants under section 

20 1701 of title I of the 1968 Act (42 U.S.C. 3796dd) for 

21 the hiring and rehiring of additional career law en22 forcement officers under part Q of such title notwith23 standing subsection (i) of such section: Provided, 

24 That, notwithstanding section 1704(c) of such title 

25 (42 U.S.C. 3796dd–3(c)), funding for hiring or rehir-
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1 ing a career law enforcement officer may not exceed 

2 $125,000 unless the Director of the Office of Commu3 nity Oriented Policing Services grants a waiver from 

4 this limitation: Provided further, That within the 

5 amounts appropriated under this paragraph, 

6 $30,000,000 is for improving tribal law enforcement, 

7 including hiring, equipment, training, and anti8 methamphetamine activities: Provided further, That 

9 of the amounts appropriated under this paragraph, 

10 $10,000,000 is for community policing development 

11 activities in furtherance of the purposes in section 

12 1701: Provided further, That within the amounts ap13 propriated under this paragraph, $10,000,000 is for 

14 the collaborative reform model of technical assistance 

15 in furtherance of the purposes in section 1701; 

16 (3) $7,000,000 is for competitive grants to State 

17 law enforcement agencies in States with high seizures 

18 of precursor chemicals, finished methamphetamine, 

19 laboratories, and laboratory dump seizures: Provided, 

20 That funds appropriated under this paragraph shall 

21 be utilized for investigative purposes to locate or in22 vestigate illicit activities, including precursor diver23 sion, laboratories, or methamphetamine traffickers; 

24 and 
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1 (4) $7,000,000 is for competitive grants to state2 wide law enforcement agencies in States with high 

3 rates of primary treatment admissions for heroin and 

4 other opioids: Provided, That these funds shall be uti5 lized for investigative purposes to locate or investigate 

6 illicit activities, including activities related to the dis7 tribution of heroin or unlawful distribution of pre8 scription opioids, or unlawful heroin and prescription 

9 opioid traffickers through statewide collaboration. 

10 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 201. In addition to amounts otherwise made 

13 available in this title for official reception and representa14 tion expenses, a total of not to exceed $50,000 from funds 

15 appropriated to the Department of Justice in this title shall 

16 be available to the Attorney General for official reception 

17 and representation expenses. 

18 SEC. 202. None of the funds appropriated by this title 

19 shall be available to pay for an abortion, except where the 

20 life of the mother would be endangered if the fetus were car21 ried to term, or in the case of rape or incest: Provided, That 

22 should this prohibition be declared unconstitutional by a 

23 court of competent jurisdiction, this section shall be null 

24 and void. 
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1 SEC. 203. None of the funds appropriated under this 

2 title shall be used to require any person to perform, or fa3 cilitate in any way the performance of, any abortion. 

4 SEC. 204. Nothing in the preceding section shall re5 move the obligation of the Director of the Bureau of Prisons 

6 to provide escort services necessary for a female inmate to 

7 receive such service outside the Federal facility: Provided, 

8 That nothing in this section in any way diminishes the 

9 effect of section 203 intended to address the philosophical 

10 beliefs of individual employees of the Bureau of Prisons. 

11 SEC. 205. Not to exceed 5 percent of any appropriation 

12 made available for the current fiscal year for the Depart13 ment of Justice in this Act may be transferred between such 

14 appropriations, but no such appropriation, except as other15 wise specifically provided, shall be increased by more than 

16 10 percent by any such transfers: Provided, That any trans17 fer pursuant to this section shall be treated as a reprogram18 ming of funds under section 505 of this Act and shall not 

19 be available for obligation except in compliance with the 

20 procedures set forth in that section. 

21 SEC. 206. Funds appropriated by this or any other 

22 Act, with respect to any fiscal year, under the heading ‘‘Bu23 reau of Alcohol, Tobacco, Firearms and Explosives, Salaries 

24 and Expenses’’ shall be available for retention pay for any 

25 employee who would otherwise be subject to a reduction in 
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1 pay upon termination of the Bureau’s Personnel Manage2 ment Demonstration Project (as transferred to the Attorney 

3 General by section 1115 of the Homeland Security Act of 

4 2002, Public Law 107–296 (28 U.S.C. 599B)): Provided, 

5 That such retention pay shall comply with section 5363 of 

6 title 5, United States Code, and related Office of Personnel 

7 Management regulations, except as provided in this section: 

8 Provided further, That such retention pay shall be paid at 

9 the employee’s rate of pay immediately prior to the termi10 nation of the demonstration project and shall not be subject 

11 to the limitation set forth in section 5304(g)(1) of title 5, 

12 United States Code, and related regulations. 

13 SEC. 207. None of the funds made available under this 

14 title may be used by the Federal Bureau of Prisons or the 

15 United States Marshals Service for the purpose of trans16 porting an individual who is a prisoner pursuant to convic17 tion for crime under State or Federal law and is classified 

18 as a maximum or high security prisoner, other than to a 

19 prison or other facility certified by the Federal Bureau of 

20 Prisons as appropriately secure for housing such a prisoner. 

21 SEC. 208. (a) None of the funds appropriated by this 

22 Act may be used by Federal prisons to purchase cable tele23 vision services, or to rent or purchase audiovisual or elec24 tronic media or equipment used primarily for recreational 

25 purposes. 
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1 (b) Subsection (a) does not preclude the rental, mainte2 nance, or purchase of audiovisual or electronic media or 

3 equipment for inmate training, religious, or educational 

4 programs. 

5 SEC. 209. None of the funds made available under this 

6 title shall be obligated or expended for any new or enhanced 

7 information technology program having total estimated de8 velopment costs in excess of $100,000,000, unless the Deputy 

9 Attorney General and the investment review board certify 

10 to the Committees on Appropriations of the House of Rep11 resentatives and the Senate that the information technology 

12 program has appropriate program management controls 

13 and contractor oversight mechanisms in place, and that the 

14 program is compatible with the enterprise architecture of 

15 the Department of Justice. 

16 SEC. 210. The notification thresholds and procedures 

17 set forth in section 505 of this Act shall apply to deviations 

18 from the amounts designated for specific activities in this 

19 Act and in the explanatory statement described in section 

20 4 (in the matter preceding division A of this consolidated 

21 Act), and to any use of deobligated balances of funds pro22 vided under this title in previous years. 

23 SEC. 211. None of the funds appropriated by this Act 

24 may be used to plan for, begin, continue, finish, process, 

25 or approve a public-private competition under the Office 
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1 of Management and Budget Circular A–76 or any successor 

2 administrative regulation, directive, or policy for work per3 formed by employees of the Bureau of Prisons or of Federal 

4 Prison Industries, Incorporated. 

5 SEC. 212. Notwithstanding any other provision of law, 

6 no funds shall be available for the salary, benefits, or ex7 penses of any United States Attorney assigned dual or addi8 tional responsibilities by the Attorney General or his des9 ignee that exempt that United States Attorney from the 

10 residency requirements of section 545 of title 28, United 

11 States Code. 

12 SEC. 213. At the discretion of the Attorney General, 

13 and in addition to any amounts that otherwise may be 

14 available (or authorized to be made available) by law, with 

15 respect to funds appropriated by this title under the head16 ings ‘‘Research, Evaluation and Statistics’’, ‘‘State and 

17 Local Law Enforcement Assistance’’, and ‘‘Juvenile Justice 

18 Programs’’— 

19 (1) up to 3 percent of funds made available to 

20 the Office of Justice Programs for grant or reimburse21 ment programs may be used by such Office to provide 

22 training and technical assistance; and 

23 (2) up to 2 percent of funds made available for 

24 grant or reimbursement programs under such head25 ings, except for amounts appropriated specifically for 
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1 research, evaluation, or statistical programs adminis2 tered by the National Institute of Justice and the Bu3 reau of Justice Statistics, shall be transferred to and 

4 merged with funds provided to the National Institute 

5 of Justice and the Bureau of Justice Statistics, to be 

6 used by them for research, evaluation, or statistical 

7 purposes, without regard to the authorizations for 

8 such grant or reimbursement programs. 

9 SEC. 214. Upon request by a grantee for whom the At10 torney General has determined there is a fiscal hardship, 

11 the Attorney General may, with respect to funds appro12 priated in this or any other Act making appropriations for 

13 fiscal years 2013 through 2016 for the following programs, 

14 waive the following requirements: 

15 (1) For the adult and juvenile offender State and 

16 local reentry demonstration projects under part FF of 

17 title I of the Omnibus Crime Control and Safe Streets 

18 Act of 1968 (42 U.S.C. 3797w(g)(1)), the require19 ments under section 2976(g)(1) of such part. 

20 (2) For State, Tribal, and local reentry courts 

21 under part FF of title I of such Act of 1968 (42 

22 U.S.C. 3797w–2(e)(1) and (2)), the requirements 

23 under section 2978(e)(1) and (2) of such part. 

24 (3) For the prosecution drug treatment alter25 natives to prison program under part CC of title I of 
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1 such Act of 1968 (42 U.S.C. 3797q–3), the require2 ments under section 2904 of such part. 

3 (4) For grants to protect inmates and safeguard 

4 communities as authorized by section 6 of the Prison 

5 Rape Elimination Act of 2003 (42 U.S.C. 

6 15605(c)(3)), the requirements of section 6(c)(3) of 

7 such Act. 

8 SEC. 215. Notwithstanding any other provision of law, 

9 section 20109(a) of subtitle A of title II of the Violent Crime 

10 Control and Law Enforcement Act of 1994 (42 U.S.C. 

11 13709(a)) shall not apply to amounts made available by 

12 this or any other Act. 

13 SEC. 216. None of the funds made available under this 

14 Act, other than for the national instant criminal back15 ground check system established under section 103 of the 

16 Brady Handgun Violence Prevention Act (18 U.S.C. 922 

17 note), may be used by a Federal law enforcement officer 

18 to facilitate the transfer of an operable firearm to an indi19 vidual if the Federal law enforcement officer knows or sus20 pects that the individual is an agent of a drug cartel, unless 

21 law enforcement personnel of the United States continu22 ously monitor or control the firearm at all times. 

23 SEC. 217. (a) None of the income retained in the De24 partment of Justice Working Capital Fund pursuant to 

25 title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 
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1 527 note) shall be available for obligation during fiscal year 

2 2016, except up to $40,000,000 may be obligated for imple3 mentation of a unified Department of Justice financial 

4 management system. 

5 (b) Not to exceed $30,000,000 of the unobligated bal6 ances transferred to the capital account of the Department 

7 of Justice Working Capital Fund pursuant to title I of Pub8 lic Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall 

9 be available for obligation in fiscal year 2016, and any use, 

10 obligation, transfer or allocation of such funds shall be 

11 treated as a reprogramming of funds under section 505 of 

12 this Act. 

13 (c) Not to exceed $10,000,000 of the excess unobligated 

14 balances available under section 524(c)(8)(E) of title 28, 

15 United States Code, shall be available for obligation during 

16 fiscal year 2016, and any use, obligation, transfer or alloca17 tion of such funds shall be treated as a reprogramming of 

18 funds under section 505 of this Act. 

19 (d) Subsections (a) through (c) of this section shall 

20 sunset on September 30, 2016. 

21 SEC. 218. (a) Of the funds appropriated by this Act 

22 under each of the headings ‘‘General Administration—Sal23 aries and Expenses’’, ‘‘United States Marshals Service— 

24 Salaries and Expenses’’, ‘‘Federal Bureau of Investiga25 tion—Salaries and Expenses’’, ‘‘Drug Enforcement Admin-
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1 istration—Salaries and Expenses’’, and ‘‘Bureau of Alco2 hol, Tobacco, Firearms and Explosives—Salaries and Ex3 penses’’, $20,000,000 shall not be available for obligation 

4 until the Attorney General demonstrates to the Committees 

5 on Appropriations of the House of Representatives and the 

6 Senate that all recommendations included in the Office of 

7 Inspector General of the Department of Justice, Evaluation 

8 and Inspections Division Report 15–04 entitled ‘‘The Han9 dling of Sexual Harassment and Misconduct Allegations by 

10 the Department’s Law Enforcement Components’’, dated 

11 March, 2015, have been implemented or are in the process 

12 of being implemented. 

13 (b) The Inspector General of the Department of Justice 

14 shall report to the Committees on Appropriations of the 

15 House of Representatives and the Senate not later than 90 

16 days after the date of enactment of this Act on the status 

17 of the Department’s implementation of recommendations 

18 included in the report specified in subsection (a). 

19 SEC. 219. Discretionary funds that are made available 

20 in this Act for the Office of Justice Programs may be used 

21 to participate in Performance Partnership Pilots author22 ized under section 526 of division H of Public Law 113– 

23 76, section 524 of division G of Public Law 113–235, and 

24 such authorities as are enacted for Performance Partnership 

25 Pilots in an appropriations Act for fiscal year 2016. 
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1 This title may be cited as the ‘‘Department of Justice 

2 Appropriations Act, 2016’’. 

3 TITLE III 

4 SCIENCE 

5 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

6 For necessary expenses of the Office of Science and 

7 Technology Policy, in carrying out the purposes of the Na8 tional Science and Technology Policy, Organization, and 

9 Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of pas10 senger motor vehicles, and services as authorized by section 

11 3109 of title 5, United States Code, not to exceed $2,250 

12 for official reception and representation expenses, and rent13 al of conference rooms in the District of Columbia, 

14 $5,555,000. 

15 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

16 SCIENCE

17 For necessary expenses, not otherwise provided for, in 

18 the conduct and support of science research and develop19 ment activities, including research, development, oper20 ations, support, and services; maintenance and repair, fa21 cility planning and design; space flight, spacecraft control, 

22 and communications activities; program management; per23 sonnel and related costs, including uniforms or allowances 

24 therefor, as authorized by sections 5901 and 5902 of title 

25 5, United States Code; travel expenses; purchase and hire 
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1 of passenger motor vehicles; and purchase, lease, charter, 

2 maintenance, and operation of mission and administrative 

3 aircraft, $5,589,400,000, to remain available until Sep4 tember 30, 2017: Provided, That the formulation and devel5 opment costs (with development cost as defined under sec6 tion 30104 of title 51, United States Code) for the James 

7 Webb Space Telescope shall not exceed $8,000,000,000: Pro8 vided further, That should the individual identified under 

9 subsection (c)(2)(E) of section 30104 of title 51, United 

10 States Code, as responsible for the James Webb Space Tele11 scope determine that the development cost of the program 

12 is likely to exceed that limitation, the individual shall im13 mediately notify the Administrator and the increase shall 

14 be treated as if it meets the 30 percent threshold described 

15 in subsection (f) of section 30104: Provided further, That, 

16 of the amounts provided, $175,000,000 is for an orbiter 

17 with a lander to meet the science goals for the Jupiter Eu18 ropa mission as outlined in the most recent planetary 

19 science decadal survey: Provided further, That the National 

20 Aeronautics and Space Administration shall use the Space 

21 Launch System as the launch vehicle for the Jupiter Eu22 ropa mission, plan for a launch no later than 2022, and 

23 include in the fiscal year 2017 budget the 5-year funding 

24 profile necessary to achieve these goals. 
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1 AERONAUTICS

2 For necessary expenses, not otherwise provided for, in 

3 the conduct and support of aeronautics research and devel4 opment activities, including research, development, oper5 ations, support, and services; maintenance and repair, fa6 cility planning and design; space flight, spacecraft control, 

7 and communications activities; program management; per8 sonnel and related costs, including uniforms or allowances 

9 therefor, as authorized by sections 5901 and 5902 of title 

10 5, United States Code; travel expenses; purchase and hire 

11 of passenger motor vehicles; and purchase, lease, charter, 

12 maintenance, and operation of mission and administrative 

13 aircraft, $640,000,000, to remain available until September 

14 30, 2017. 

15 SPACE TECHNOLOGY

16 For necessary expenses, not otherwise provided for, in 

17 the conduct and support of space technology research and 

18 development activities, including research, development, op19 erations, support, and services; maintenance and repair, fa20 cility planning and design; space flight, spacecraft control, 

21 and communications activities; program management; per22 sonnel and related costs, including uniforms or allowances 

23 therefor, as authorized by sections 5901 and 5902 of title 

24 5, United States Code; travel expenses; purchase and hire 

25 of passenger motor vehicles; and purchase, lease, charter, 
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1 maintenance, and operation of mission and administrative 

2 aircraft, $686,500,000, to remain available until September 

3 30, 2017: Provided, That $133,000,000 shall be for the RE4 STORE satellite servicing program for completion of pre5 formulation and initiation of formulation activities for 

6 RESTORE and such funds shall not support activities sole7 ly needed for the asteroid redirect mission. 

8 EXPLORATION

9 For necessary expenses, not otherwise provided for, in 

10 the conduct and support of exploration research and devel11 opment activities, including research, development, oper12 ations, support, and services; maintenance and repair, fa13 cility planning and design; space flight, spacecraft control, 

14 and communications activities; program management; per15 sonnel and related costs, including uniforms or allowances 

16 therefor, as authorized by sections 5901 and 5902 of title 

17 5, United States Code; travel expenses; purchase and hire 

18 of passenger motor vehicles; and purchase, lease, charter, 

19 maintenance, and operation of mission and administrative 

20 aircraft, $4,030,000,000, to remain available until Sep21 tember 30, 2017: Provided, That not less than 

22 $1,270,000,000 shall be for the Orion Multi-Purpose Crew 

23 Vehicle: Provided further, That not less than $2,000,000,000 

24 shall be for the Space Launch System (SLS) launch vehicle, 

25 which shall have a lift capability not less than 130 metric 
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1 tons and which shall have core elements and an enhanced 

2 upper stage developed simultaneously: Provided further, 

3 That of the amounts provided for SLS, not less than 

4 $85,000,000 shall be for enhanced upper stage development: 

5 Provided further, That $410,000,000 shall be for explo6 ration ground systems: Provided further, That the National 

7 Aeronautics and Space Administration shall provide to the 

8 Committees on Appropriations of the House of Representa9 tives and the Senate, concurrent with the annual budget 

10 submission, a 5-year budget profile and funding projection 

11 that adheres to a 70 percent Joint Confidence Level and 

12 is consistent with the Key Decision Point C (KDP–C) for 

13 the SLS and with the management agreement contained in 

14 the KDP–C for the Orion Multi-Purpose Crew Vehicle: Pro15 vided further, That $350,000,000 shall be for exploration 

16 research and development. 

17 SPACE OPERATIONS

18 For necessary expenses, not otherwise provided for, in 

19 the conduct and support of space operations research and 

20 development activities, including research, development, op21 erations, support and services; space flight, spacecraft con22 trol and communications activities, including operations, 

23 production, and services; maintenance and repair, facility 

24 planning and design; program management; personnel and 

25 related costs, including uniforms or allowances therefor, as 
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1 authorized by sections 5901 and 5902 of title 5, United 

2 States Code; travel expenses; purchase and hire of passenger 

3 motor vehicles; and purchase, lease, charter, maintenance 

4 and operation of mission and administrative aircraft, 

5 $5,029,200,000, to remain available until September 30, 

6 2017. 

7 EDUCATION

8 For necessary expenses, not otherwise provided for, in 

9 the conduct and support of aerospace and aeronautical edu10 cation research and development activities, including re11 search, development, operations, support, and services; pro12 gram management; personnel and related costs, including 

13 uniforms or allowances therefor, as authorized by sections 

14 5901 and 5902 of title 5, United States Code; travel ex15 penses; purchase and hire of passenger motor vehicles; and 

16 purchase, lease, charter, maintenance, and operation of 

17 mission and administrative aircraft, $115,000,000, to re18 main available until September 30, 2017, of which 

19 $18,000,000 shall be for the Experimental Program to 

20 Stimulate Competitive Research and $40,000,000 shall be 

21 for the National Space Grant College program. 

22 SAFETY, SECURITY AND MISSION SERVICES

23 For necessary expenses, not otherwise provided for, in 

24 the conduct and support of science, aeronautics, space tech25 nology, exploration, space operations and education re-
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1 search and development activities, including research, devel2 opment, operations, support, and services; maintenance and 

3 repair, facility planning and design; space flight, spacecraft 

4 control, and communications activities; program manage5 ment; personnel and related costs, including uniforms or 

6 allowances therefor, as authorized by sections 5901 and 

7 5902 of title 5, United States Code; travel expenses; pur8 chase and hire of passenger motor vehicles; not to exceed 

9 $63,000 for official reception and representation expenses; 

10 and purchase, lease, charter, maintenance, and operation 

11 of mission and administrative aircraft, $2,768,600,000, to 

12 remain available until September 30, 2017. 

13 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

14 RESTORATION

15 For necessary expenses for construction of facilities in16 cluding repair, rehabilitation, revitalization, and modifica17 tion of facilities, construction of new facilities and addi18 tions to existing facilities, facility planning and design, 

19 and restoration, and acquisition or condemnation of real 

20 property, as authorized by law, and environmental compli21 ance and restoration, $388,900,000, to remain available 

22 until September 30, 2021: Provided, That proceeds from 

23 leases deposited into this account shall be available for a 

24 period of 5 years to the extent and in amounts as provided 

25 in annual appropriations Acts: Provided further, That such 
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1 proceeds referred to in the preceding proviso shall be avail2 able for obligation for fiscal year 2016 in an amount not 

3 to exceed $9,470,300: Provided further, That each annual 

4 budget request shall include an annual estimate of gross re5 ceipts and collections and proposed use of all funds collected 

6 pursuant to section 20145 of title 51, United States Code. 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector Gen9 eral in carrying out the Inspector General Act of 1978, 

10 $37,400,000, of which $500,000 shall remain available until 

11 September 30, 2017. 

12 ADMINISTRATIVE PROVISIONS

13 (INCLUDING TRANSFERS OF FUNDS)

14 Funds for any announced prize otherwise authorized 

15 shall remain available, without fiscal year limitation, until 

16 the prize is claimed or the offer is withdrawn. 

17 Not to exceed 5 percent of any appropriation made 

18 available for the current fiscal year for the National Aero19 nautics and Space Administration in this Act may be 

20 transferred between such appropriations, but no such ap21 propriation, except as otherwise specifically provided, shall 

22 be increased by more than 10 percent by any such transfers. 

23 Balances so transferred shall be merged with and available 

24 for the same purposes and the same time period as the ap25 propriations to which transferred. Any transfer pursuant 
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1 to this provision shall be treated as a reprogramming of 

2 funds under section 505 of this Act and shall not be avail3 able for obligation except in compliance with the procedures 

4 set forth in that section. 

5 The spending plan required by this Act shall be pro6 vided by NASA at the theme, program, project and activity 

7 level. The spending plan, as well as any subsequent change 

8 of an amount established in that spending plan that meets 

9 the notification requirements of section 505 of this Act, shall 

10 be treated as a reprogramming under section 505 of this 

11 Act and shall not be available for obligation or expenditure 

12 except in compliance with the procedures set forth in that 

13 section. 

14 The unexpired balances for Commercial Spaceflight 

15 Activities contained within the Exploration account may 

16 be transferred to the Space Operations account for such ac17 tivities. Balances so transferred shall be merged with the 

18 funds in the Space Operations account and shall be avail19 able under the same terms, conditions and period of time 

20 as previously appropriated. 

21 For the closeout of all Space Shuttle contracts and as22 sociated programs, amounts that have expired but have not 

23 been cancelled in the Exploration, Space Operations, 

24 Human Space Flight, Space Flight Capabilities, and Ex25 ploration Capabilities appropriations accounts shall re-
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1 main available through fiscal year 2025 for the liquidation 

2 of valid obligations incurred during the period of fiscal year 

3 2001 through fiscal year 2013. 

4 NATIONAL SCIENCE FOUNDATION

5 RESEARCH AND RELATED ACTIVITIES

6 For necessary expenses in carrying out the National 

7 Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), 

8 and Public Law 86–209 (42 U.S.C. 1880 et seq.); services 

9 as authorized by section 3109 of title 5, United States Code; 

10 maintenance and operation of aircraft and purchase of 

11 flight services for research support; acquisition of aircraft; 

12 and authorized travel; $6,033,645,000, to remain available 

13 until September 30, 2017, of which not to exceed 

14 $540,000,000 shall remain available until expended for 

15 polar research and operations support, and for reimburse16 ment to other Federal agencies for operational and science 

17 support and logistical and other related activities for the 

18 United States Antarctic program: Provided, That receipts 

19 for scientific support services and materials furnished by 

20 the National Research Centers and other National Science 

21 Foundation supported research facilities may be credited to 

22 this appropriation. 
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1 MAJOR RESEARCH EQUIPMENT AND FACILITIES

2 CONSTRUCTION

3 For necessary expenses for the acquisition, construc4 tion, commissioning, and upgrading of major research 

5 equipment, facilities, and other such capital assets pursuant 

6 to the National Science Foundation Act of 1950 (42 U.S.C. 

7 1861 et seq.), including authorized travel, $200,310,000, to 

8 remain available until expended. 

9 EDUCATION AND HUMAN RESOURCES

10 For necessary expenses in carrying out science, mathe11 matics and engineering education and human resources 

12 programs and activities pursuant to the National Science 

13 Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including 

14 services as authorized by section 3109 of title 5, United 

15 States Code, authorized travel, and rental of conference 

16 rooms in the District of Columbia, $880,000,000, to remain 

17 available until September 30, 2017. 

18 AGENCY OPERATIONS AND AWARD MANAGEMENT

19 For agency operations and award management nec20 essary in carrying out the National Science Foundation Act 

21 of 1950 (42 U.S.C. 1861 et seq.); services authorized by sec22 tion 3109 of title 5, United States Code; hire of passenger 

23 motor vehicles; uniforms or allowances therefor, as author24 ized by sections 5901 and 5902 of title 5, United States 

25 Code; rental of conference rooms in the District of Colum-
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1 bia; and reimbursement of the Department of Homeland Se2 curity for security guard services; $330,000,000: Provided, 

3 That not to exceed $8,280 is for official reception and rep4 resentation expenses: Provided further, That contracts may 

5 be entered into under this heading in fiscal year 2016 for 

6 maintenance and operation of facilities and for other serv7 ices to be provided during the next fiscal year: Provided 

8 further, That of the amount provided for costs associated 

9 with the acquisition, occupancy, and related costs of new 

10 headquarters space, not more than $30,770,000 shall re11 main available until expended. 

12 OFFICE OF THE NATIONAL SCIENCE BOARD

13 For necessary expenses (including payment of salaries, 

14 authorized travel, hire of passenger motor vehicles, the rent15 al of conference rooms in the District of Columbia, and the 

16 employment of experts and consultants under section 3109 

17 of title 5, United States Code) involved in carrying out sec18 tion 4 of the National Science Foundation Act of 1950 (42 

19 U.S.C. 1863) and Public Law 86–209 (42 U.S.C. 1880 et 

20 seq.), $4,370,000: Provided, That not to exceed $2,500 shall 

21 be available for official reception and representation ex22 penses. 

23 OFFICE OF INSPECTOR GENERAL

24 For necessary expenses of the Office of Inspector Gen25 eral as authorized by the Inspector General Act of 1978, 
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1 $15,160,000, of which $400,000 shall remain available until 

2 September 30, 2017. 

3 ADMINISTRATIVE PROVISION

4 Not to exceed 5 percent of any appropriation made 

5 available for the current fiscal year for the National Science 

6 Foundation in this Act may be transferred between such 

7 appropriations, but no such appropriation shall be in8 creased by more than 10 percent by any such transfers. Any 

9 transfer pursuant to this section shall be treated as a re10 programming of funds under section 505 of this Act and 

11 shall not be available for obligation except in compliance 

12 with the procedures set forth in that section. 

13 This title may be cited as the ‘‘Science Appropriations 

14 Act, 2016’’. 

15 TITLE IV 

16 RELATED AGENCIES 

17 COMMISSION ON CIVIL RIGHTS

18 SALARIES AND EXPENSES

19 For necessary expenses of the Commission on Civil 

20 Rights, including hire of passenger motor vehicles, 

21 $9,200,000: Provided, That none of the funds appropriated 

22 in this paragraph may be used to employ any individuals 

23 under Schedule C of subpart C of part 213 of title 5 of 

24 the Code of Federal Regulations exclusive of one special as25 sistant for each Commissioner: Provided further, That none 
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1 of the funds appropriated in this paragraph shall be used 

2 to reimburse Commissioners for more than 75 billable days, 

3 with the exception of the chairperson, who is permitted 125 

4 billable days: Provided further, That none of the funds ap5 propriated in this paragraph shall be used for any activity 

6 or expense that is not explicitly authorized by section 3 of 

7 the Civil Rights Commission Act of 1983 (42 U.S.C. 1975a). 

8 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Equal Employment Op11 portunity Commission as authorized by title VII of the 

12 Civil Rights Act of 1964, the Age Discrimination in Em13 ployment Act of 1967, the Equal Pay Act of 1963, the Amer14 icans with Disabilities Act of 1990, section 501 of the Reha15 bilitation Act of 1973, the Civil Rights Act of 1991, the 

16 Genetic Information Non-Discrimination Act (GINA) of 

17 2008 (Public Law 110–233), the ADA Amendments Act of 

18 2008 (Public Law 110–325), and the Lilly Ledbetter Fair 

19 Pay Act of 2009 (Public Law 111–2), including services 

20 as authorized by section 3109 of title 5, United States Code; 

21 hire of passenger motor vehicles as authorized by section 

22 1343(b) of title 31, United States Code; nonmonetary 

23 awards to private citizens; and up to $29,500,000 for pay24 ments to State and local enforcement agencies for author25 ized services to the Commission, $364,500,000: Provided, 
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1 That the Commission is authorized to make available for 

2 official reception and representation expenses not to exceed 

3 $2,250 from available funds: Provided further, That the 

4 Commission may take no action to implement any work5 force repositioning, restructuring, or reorganization until 

6 such time as the Committees on Appropriations of the 

7 House of Representatives and the Senate have been notified 

8 of such proposals, in accordance with the reprogramming 

9 requirements of section 505 of this Act: Provided further, 

10 That the Chair is authorized to accept and use any gift 

11 or donation to carry out the work of the Commission. 

12 INTERNATIONAL TRADE COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the International Trade 

15 Commission, including hire of passenger motor vehicles and 

16 services as authorized by section 3109 of title 5, United 

17 States Code, and not to exceed $2,250 for official reception 

18 and representation expenses, $88,500,000, to remain avail19 able until expended. 

20 LEGAL SERVICES CORPORATION

21 PAYMENT TO THE LEGAL SERVICES CORPORATION

22 For payment to the Legal Services Corporation to 

23 carry out the purposes of the Legal Services Corporation 

24 Act of 1974, $385,000,000, of which $352,000,000 is for 

25 basic field programs and required independent audits; 
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1 $5,000,000 is for the Office of Inspector General, of which 

2 such amounts as may be necessary may be used to conduct 

3 additional audits of recipients; $19,000,000 is for manage4 ment and grants oversight; $4,000,000 is for client self-help 

5 and information technology; $4,000,000 is for a Pro Bono 

6 Innovation Fund; and $1,000,000 is for loan repayment as7 sistance: Provided, That the Legal Services Corporation 

8 may continue to provide locality pay to officers and em9 ployees at a rate no greater than that provided by the Fed10 eral Government to Washington, DC-based employees as au11 thorized by section 5304 of title 5, United States Code, not12 withstanding section 1005(d) of the Legal Services Corpora13 tion Act (42 U.S.C. 2996(d)): Provided further, That the 

14 authorities provided in section 205 of this Act shall be ap15 plicable to the Legal Services Corporation: Provided fur16 ther, That, for the purposes of section 505 of this Act, the 

17 Legal Services Corporation shall be considered an agency 

18 of the United States Government. 

19 ADMINISTRATIVE PROVISION—LEGAL SERVICES

20 CORPORATION

21 None of the funds appropriated in this Act to the Legal 

22 Services Corporation shall be expended for any purpose pro23 hibited or limited by, or contrary to any of the provisions 

24 of, sections 501, 502, 503, 504, 505, and 506 of Public Law 

25 105–119, and all funds appropriated in this Act to the 
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1 Legal Services Corporation shall be subject to the same 

2 terms and conditions set forth in such sections, except that 

3 all references in sections 502 and 503 to 1997 and 1998 

4 shall be deemed to refer instead to 2015 and 2016, respec5 tively. 

6 MARINE MAMMAL COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Marine Mammal Com9 mission as authorized by title II of the Marine Mammal 

10 Protection Act of 1972 (16 U.S.C. 1361 et seq.), $3,431,000. 

11 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

12 SALARIES AND EXPENSES

13 For necessary expenses of the Office of the United 

14 States Trade Representative, including the hire of passenger 

15 motor vehicles and the employment of experts and consult16 ants as authorized by section 3109 of title 5, United States 

17 Code, $54,500,000, of which $1,000,000 shall remain avail18 able until expended: Provided, That not to exceed $124,000 

19 shall be available for official reception and representation 

20 expenses. 

21 STATE JUSTICE INSTITUTE

22 SALARIES AND EXPENSES

23 For necessary expenses of the State Justice Institute, 

24 as authorized by the State Justice Institute Authorization 

25 Act of 1984 (42 U.S.C. 10701 et seq.) $5,121,000, of which 
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1 $500,000 shall remain available until September 30, 2017: 

2 Provided, That not to exceed $2,250 shall be available for 

3 official reception and representation expenses: Provided fur4 ther, That, for the purposes of section 505 of this Act, the 

5 State Justice Institute shall be considered an agency of the 

6 United States Government. 

7 TITLE V 

8 GENERAL PROVISIONS 

9 (INCLUDING RESCISSIONS)

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 501. No part of any appropriation contained in 

12 this Act shall be used for publicity or propaganda purposes 

13 not authorized by the Congress. 

14 SEC. 502. No part of any appropriation contained in 

15 this Act shall remain available for obligation beyond the 

16 current fiscal year unless expressly so provided herein. 

17 SEC. 503. The expenditure of any appropriation under 

18 this Act for any consulting service through procurement 

19 contract, pursuant to section 3109 of title 5, United States 

20 Code, shall be limited to those contracts where such expendi21 tures are a matter of public record and available for public 

22 inspection, except where otherwise provided under existing 

23 law, or under existing Executive order issued pursuant to 

24 existing law. 
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1 SEC. 504. If any provision of this Act or the applica2 tion of such provision to any person or circumstances shall 

3 be held invalid, the remainder of the Act and the applica4 tion of each provision to persons or circumstances other 

5 than those as to which it is held invalid shall not be affected 

6 thereby. 

7 SEC. 505. None of the funds provided under this Act, 

8 or provided under previous appropriations Acts to the agen9 cies funded by this Act that remain available for obligation 

10 or expenditure in fiscal year 2016, or provided from any 

11 accounts in the Treasury of the United States derived by 

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

13 Act, shall be available for obligation or expenditure through 

14 a reprogramming of funds that: (1) creates or initiates a 

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

16 project or activity; (3) increases funds or personnel by any 

17 means for any project or activity for which funds have been 

18 denied or restricted; (4) relocates an office or employees; (5) 

19 reorganizes or renames offices, programs or activities; (6) 

20 contracts out or privatizes any functions or activities pres21 ently performed by Federal employees; (7) augments exist22 ing programs, projects or activities in excess of $500,000 

23 or 10 percent, whichever is less, or reduces by 10 percent 

24 funding for any program, project or activity, or numbers 

25 of personnel by 10 percent; or (8) results from any general 
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1 savings, including savings from a reduction in personnel, 

2 which would result in a change in existing programs, 

3 projects or activities as approved by Congress; unless the 

4 House and Senate Committees on Appropriations are noti5 fied 15 days in advance of such reprogramming of funds 

6 by agencies (excluding agencies of the Department of Jus7 tice) funded by this Act and 45 days in advance of such 

8 reprogramming of funds by agencies of the Department of 

9 Justice funded by this Act. 

10 SEC. 506. (a) If it has been finally determined by a 

11 court or Federal agency that any person intentionally af12 fixed a label bearing a ‘‘Made in America’’ inscription, or 

13 any inscription with the same meaning, to any product sold 

14 in or shipped to the United States that is not made in the 

15 United States, the person shall be ineligible to receive any 

16 contract or subcontract made with funds made available in 

17 this Act, pursuant to the debarment, suspension, and ineli18 gibility procedures described in sections 9.400 through 

19 9.409 of title 48, Code of Federal Regulations. 

20 (b)(1) To the extent practicable, with respect to author21 ized purchases of promotional items, funds made available 

22 by this Act shall be used to purchase items that are manu23 factured, produced, or assembled in the United States, its 

24 territories or possessions. 
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1 (2) The term ‘‘promotional items’’ has the meaning 

2 given the term in OMB Circular A–87, Attachment B, Item 

3 (1)(f)(3). 

4 SEC. 507. (a) The Departments of Commerce and Jus5 tice, the National Science Foundation, and the National 

6 Aeronautics and Space Administration shall provide to the 

7 Committees on Appropriations of the House of Representa8 tives and the Senate a quarterly report on the status of bal9 ances of appropriations at the account level. For unobli10 gated, uncommitted balances and unobligated, committed 

11 balances the quarterly reports shall separately identify the 

12 amounts attributable to each source year of appropriation 

13 from which the balances were derived. For balances that are 

14 obligated, but unexpended, the quarterly reports shall sepa15 rately identify amounts by the year of obligation. 

16 (b) The report described in subsection (a) shall be sub17 mitted within 30 days of the end of each quarter. 

18 (c) If a department or agency is unable to fulfill any 

19 aspect of a reporting requirement described in subsection 

20 (a) due to a limitation of a current accounting system, the 

21 department or agency shall fulfill such aspect to the max22 imum extent practicable under such accounting system and 

23 shall identify and describe in each quarterly report the ex24 tent to which such aspect is not fulfilled. 
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1 SEC. 508. Any costs incurred by a department or agen2 cy funded under this Act resulting from, or to prevent, per3 sonnel actions taken in response to funding reductions in4 cluded in this Act shall be absorbed within the total budg5 etary resources available to such department or agency: 

6 Provided, That the authority to transfer funds between ap7 propriations accounts as may be necessary to carry out this 

8 section is provided in addition to authorities included else9 where in this Act: Provided further, That use of funds to 

10 carry out this section shall be treated as a reprogramming 

11 of funds under section 505 of this Act and shall not be avail12 able for obligation or expenditure except in compliance with 

13 the procedures set forth in that section: Provided further, 

14 That for the Department of Commerce, this section shall 

15 also apply to actions taken for the care and protection of 

16 loan collateral or grant property. 

17 SEC. 509. None of the funds provided by this Act shall 

18 be available to promote the sale or export of tobacco or to19 bacco products, or to seek the reduction or removal by any 

20 foreign country of restrictions on the marketing of tobacco 

21 or tobacco products, except for restrictions which are not 

22 applied equally to all tobacco or tobacco products of the 

23 same type. 

24 SEC. 510. Notwithstanding any other provision of law, 

25 amounts deposited or available in the Fund established by 
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1 section 1402 of chapter XIV of title II of Public Law 98– 

2 473 (42 U.S.C. 10601) in any fiscal year in excess of 

3 $3,042,000,000 shall not be available for obligation until 

4 the following fiscal year: Provided, That notwithstanding 

5 section 1402(d) of such Act, of the amounts available from 

6 the Fund for obligation, $10,000,000 shall remain available 

7 until expended to the Department of Justice Office of In8 spector General for oversight and auditing purposes. 

9 SEC. 511. None of the funds made available to the De10 partment of Justice in this Act may be used to discriminate 

11 against or denigrate the religious or moral beliefs of stu12 dents who participate in programs for which financial as13 sistance is provided from those funds, or of the parents or 

14 legal guardians of such students. 

15 SEC. 512. None of the funds made available in this 

16 Act may be transferred to any department, agency, or in17 strumentality of the United States Government, except pur18 suant to a transfer made by, or transfer authority provided 

19 in, this Act or any other appropriations Act. 

20 SEC. 513. Any funds provided in this Act used to im21 plement E-Government Initiatives shall be subject to the 

22 procedures set forth in section 505 of this Act. 

23 SEC. 514. (a) The Inspectors General of the Depart24 ment of Commerce, the Department of Justice, the National 

25 Aeronautics and Space Administration, the National 
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1 Science Foundation, and the Legal Services Corporation 

2 shall conduct audits, pursuant to the Inspector General Act 

3 (5 U.S.C. App.), of grants or contracts for which funds are 

4 appropriated by this Act, and shall submit reports to Con5 gress on the progress of such audits, which may include pre6 liminary findings and a description of areas of particular 

7 interest, within 180 days after initiating such an audit and 

8 every 180 days thereafter until any such audit is completed. 

9 (b) Within 60 days after the date on which an audit 

10 described in subsection (a) by an Inspector General is com11 pleted, the Secretary, Attorney General, Administrator, Di12 rector, or President, as appropriate, shall make the results 

13 of the audit available to the public on the Internet website 

14 maintained by the Department, Administration, Founda15 tion, or Corporation, respectively. The results shall be made 

16 available in redacted form to exclude— 

17 (1) any matter described in section 552(b) of 

18 title 5, United States Code; and 

19 (2) sensitive personal information for any indi20 vidual, the public access to which could be used to 

21 commit identity theft or for other inappropriate or 

22 unlawful purposes. 

23 (c) Any person awarded a grant or contract funded 

24 by amounts appropriated by this Act shall submit a state25 ment to the Secretary of Commerce, the Attorney General, 
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1 the Administrator, Director, or President, as appropriate, 

2 certifying that no funds derived from the grant or contract 

3 will be made available through a subcontract or in any 

4 other manner to another person who has a financial interest 

5 in the person awarded the grant or contract. 

6 (d) The provisions of the preceding subsections of this 

7 section shall take effect 30 days after the date on which the 

8 Director of the Office of Management and Budget, in con9 sultation with the Director of the Office of Government Eth10 ics, determines that a uniform set of rules and requirements, 

11 substantially similar to the requirements in such sub12 sections, consistently apply under the executive branch eth13 ics program to all Federal departments, agencies, and enti14 ties. 

15 SEC. 515. (a) None of the funds appropriated or other16 wise made available under this Act may be used by the De17 partments of Commerce and Justice, the National Aero18 nautics and Space Administration, or the National Science 

19 Foundation to acquire a high-impact or moderate-impact 

20 information system, as defined for security categorization 

21 in the National Institute of Standards and Technology’s 

22 (NIST) Federal Information Processing Standard Publica23 tion 199, ‘‘Standards for Security Categorization of Federal 

24 Information and Information Systems’’ unless the agency 

25 has— 
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1 (1) reviewed the supply chain risk for the infor2 mation systems against criteria developed by NIST to 

3 inform acquisition decisions for high-impact and 

4 moderate-impact information systems within the Fed5 eral Government; 

6 (2) reviewed the supply chain risk from the pre7 sumptive awardee against available and relevant 

8 threat information provided by the Federal Bureau of 

9 Investigation (FBI) and other appropriate agencies; 

10 and 

11 (3) in consultation with the FBI or other appro12 priate Federal entity, conducted an assessment of any 

13 risk of cyber-espionage or sabotage associated with the 

14 acquisition of such system, including any risk associ15 ated with such system being produced, manufactured, 

16 or assembled by one or more entities identified by the 

17 United States Government as posing a cyber threat, 

18 including but not limited to, those that may be 

19 owned, directed, or subsidized by the People’s Repub20 lic of China. 

21 (b) None of the funds appropriated or otherwise made 

22 available under this Act may be used to acquire a high23 impact or moderate-impact information system reviewed 

24 and assessed under subsection (a) unless the head of the as25 sessing entity described in subsection (a) has— 
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1 (1) developed, in consultation with NIST and 

2 supply chain risk management experts, a mitigation 

3 strategy for any identified risks; 

4 (2) determined that the acquisition of such sys5 tem is in the national interest of the United States; 

6 and 

7 (3) reported that determination to the Commit8 tees on Appropriations of the House of Representa9 tives and the Senate and the agency Inspector Gen10 eral. 

11 (c) During fiscal year 2016— 

12 (1) the FBI shall develop best practices for sup13 ply chain risk management; and 

14 (2) the Departments of Commerce and Justice, 

15 the National Aeronautics and Space Administration, 

16 and the National Science Foundation shall incor17 porate such practices into their information tech18 nology procurement practices to the maximum extent 

19 practicable. 

20 SEC. 516. None of the funds made available in this 

21 Act shall be used in any way whatsoever to support or jus22 tify the use of torture by any official or contract employee 

23 of the United States Government. 

24 SEC. 517. (a) Notwithstanding any other provision of 

25 law or treaty, none of the funds appropriated or otherwise 
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1 made available under this Act or any other Act may be 

2 expended or obligated by a department, agency, or instru3 mentality of the United States to pay administrative ex4 penses or to compensate an officer or employee of the United 

5 States in connection with requiring an export license for 

6 the export to Canada of components, parts, accessories or 

7 attachments for firearms listed in Category I, section 121.1 

8 of title 22, Code of Federal Regulations (International Traf9 ficking in Arms Regulations (ITAR), part 121, as it existed 

10 on April 1, 2005) with a total value not exceeding $500 

11 wholesale in any transaction, provided that the conditions 

12 of subsection (b) of this section are met by the exporting 

13 party for such articles. 

14 (b) The foregoing exemption from obtaining an export 

15 license— 

16 (1) does not exempt an exporter from filing any 

17 Shipper’s Export Declaration or notification letter re18 quired by law, or from being otherwise eligible under 

19 the laws of the United States to possess, ship, trans20 port, or export the articles enumerated in subsection 

21 (a); and 

22 (2) does not permit the export without a license 

23 of— 

24 (A) fully automatic firearms and compo25 nents and parts for such firearms, other than for 
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1 end use by the Federal Government, or a Provin2 cial or Municipal Government of Canada; 

3 (B) barrels, cylinders, receivers (frames) or 

4 complete breech mechanisms for any firearm list5 ed in Category I, other than for end use by the 

6 Federal Government, or a Provincial or Munic7 ipal Government of Canada; or 

8 (C) articles for export from Canada to an9 other foreign destination. 

10 (c) In accordance with this section, the District Direc11 tors of Customs and postmasters shall permit the permanent 

12 or temporary export without a license of any unclassified 

13 articles specified in subsection (a) to Canada for end use 

14 in Canada or return to the United States, or temporary 

15 import of Canadian-origin items from Canada for end use 

16 in the United States or return to Canada for a Canadian 

17 citizen. 

18 (d) The President may require export licenses under 

19 this section on a temporary basis if the President deter20 mines, upon publication first in the Federal Register, that 

21 the Government of Canada has implemented or maintained 

22 inadequate import controls for the articles specified in sub23 section (a), such that a significant diversion of such articles 

24 has and continues to take place for use in international 

25 terrorism or in the escalation of a conflict in another na-
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1 tion. The President shall terminate the requirements of a 

2 license when reasons for the temporary requirements have 

3 ceased. 

4 SEC. 518. Notwithstanding any other provision of law, 

5 no department, agency, or instrumentality of the United 

6 States receiving appropriated funds under this Act or any 

7 other Act shall obligate or expend in any way such funds 

8 to pay administrative expenses or the compensation of any 

9 officer or employee of the United States to deny any appli10 cation submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and 

11 qualified pursuant to 27 CFR section 478.112 or .113, for 

12 a permit to import United States origin ‘‘curios or relics’’ 

13 firearms, parts, or ammunition. 

14 SEC. 519. None of the funds made available in this 

15 Act may be used to include in any new bilateral or multi16 lateral trade agreement the text of— 

17 (1) paragraph 2 of article 16.7 of the United 

18 States-Singapore Free Trade Agreement; 

19 (2) paragraph 4 of article 17.9 of the United 

20 States-Australia Free Trade Agreement; or 

21 (3) paragraph 4 of article 15.9 of the United 

22 States-Morocco Free Trade Agreement. 

23 SEC. 520. None of the funds made available in this 

24 Act may be used to authorize or issue a national security 

25 letter in contravention of any of the following laws author-
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1 izing the Federal Bureau of Investigation to issue national 

2 security letters: The Right to Financial Privacy Act; The 

3 Electronic Communications Privacy Act; The Fair Credit 

4 Reporting Act; The National Security Act of 1947; USA 

5 PATRIOT Act; USA FREEDOM Act of 2015; and the laws 

6 amended by these Acts. 

7 SEC. 521. If at any time during any quarter, the pro8 gram manager of a project within the jurisdiction of the 

9 Departments of Commerce or Justice, the National Aero10 nautics and Space Administration, or the National Science 

11 Foundation totaling more than $75,000,000 has reasonable 

12 cause to believe that the total program cost has increased 

13 by 10 percent or more, the program manager shall imme14 diately inform the respective Secretary, Administrator, or 

15 Director. The Secretary, Administrator, or Director shall 

16 notify the House and Senate Committees on Appropriations 

17 within 30 days in writing of such increase, and shall in18 clude in such notice: the date on which such determination 

19 was made; a statement of the reasons for such increases; 

20 the action taken and proposed to be taken to control future 

21 cost growth of the project; changes made in the performance 

22 or schedule milestones and the degree to which such changes 

23 have contributed to the increase in total program costs or 

24 procurement costs; new estimates of the total project or pro25 curement costs; and a statement validating that the project’s 
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1 management structure is adequate to control total project 

2 or procurement costs. 

3 SEC. 522. Funds appropriated by this Act, or made 

4 available by the transfer of funds in this Act, for intelligence 

5 or intelligence related activities are deemed to be specifi6 cally authorized by the Congress for purposes of section 504 

7 of the National Security Act of 1947 (50 U.S.C. 414) during 

8 fiscal year 2016 until the enactment of the Intelligence Au9 thorization Act for fiscal year 2016. 

10 SEC. 523. None of the funds appropriated or otherwise 

11 made available by this Act may be used to enter into a 

12 contract in an amount greater than $5,000,000 or to award 

13 a grant in excess of such amount unless the prospective con14 tractor or grantee certifies in writing to the agency award15 ing the contract or grant that, to the best of its knowledge 

16 and belief, the contractor or grantee has filed all Federal 

17 tax returns required during the three years preceding the 

18 certification, has not been convicted of a criminal offense 

19 under the Internal Revenue Code of 1986, and has not, more 

20 than 90 days prior to certification, been notified of any 

21 unpaid Federal tax assessment for which the liability re22 mains unsatisfied, unless the assessment is the subject of 

23 an installment agreement or offer in compromise that has 

24 been approved by the Internal Revenue Service and is not 
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1 in default, or the assessment is the subject of a non-frivolous 

2 administrative or judicial proceeding. 

3 (RESCISSIONS)

4 SEC. 524. (a) Of the unobligated balances from prior 

5 year appropriations available to the Department of Com6 merce’s Economic Development Administration, Economic 

7 Development Assistance Programs, $10,000,000 are re8 scinded, not later than September 30, 2016. 

9 (b) Of the unobligated balances available to the De10 partment of Justice, the following funds are hereby re11 scinded, not later than September 30, 2016, from the fol12 lowing accounts in the specified amounts— 

13 (1) ‘‘Working Capital Fund’’, $69,000,000; 

14 (2) ‘‘United States Marshals Service, Federal 

15 Prisoner Detention’’, $195,974,000; 

16 (3) ‘‘Federal Bureau of Investigation, Salaries 

17 and Expenses’’, $80,767,000 from fees collected to de18 fray expenses for the automation of fingerprint iden19 tification and criminal justice information services 

20 and associated costs; 

21 (4) ‘‘State and Local Law Enforcement Activi22 ties, Office on Violence Against Women, Violence 

23 Against Women Prevention and Prosecution Pro24 grams’’, $15,000,000; 
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1 (5) ‘‘State and Local Law Enforcement Activi2 ties, Office of Justice Programs’’, $40,000,000; 

3 (6) ‘‘State and Local Law Enforcement Activi4 ties, Community Oriented Policing Services’’, 

5 $10,000,000; and 

6 (7) ‘‘Legal Activities, Assets Forfeiture Fund’’, 

7 $458,000,000. 

8 (c) The Departments of Commerce and Justice shall 

9 submit to the Committees on Appropriations of the House 

10 of Representatives and the Senate a report no later than 

11 September 1, 2016, specifying the amount of each rescission 

12 made pursuant to subsections (a) and (b). 

13 SEC. 525. None of the funds made available in this 

14 Act may be used to purchase first class or premium airline 

15 travel in contravention of sections 301–10.122 through 301– 

16 10.124 of title 41 of the Code of Federal Regulations. 

17 SEC. 526. None of the funds made available in this 

18 Act may be used to send or otherwise pay for the attendance 

19 of more than 50 employees from a Federal department or 

20 agency, who are stationed in the United States, at any sin21 gle conference occurring outside the United States unless 

22 such conference is a law enforcement training or oper23 ational conference for law enforcement personnel and the 

24 majority of Federal employees in attendance are law en25 forcement personnel stationed outside the United States. 
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1 SEC. 527. None of the funds appropriated or otherwise 

2 made available in this or any other Act may be used to 

3 transfer, release, or assist in the transfer or release to or 

4 within the United States, its territories, or possessions 

5 Khalid Sheikh Mohammed or any other detainee who— 

6 (1) is not a United States citizen or a member 

7 of the Armed Forces of the United States; and 

8 (2) is or was held on or after June 24, 2009, at 

9 the United States Naval Station, Guantanamo Bay, 

10 Cuba, by the Department of Defense. 

11 SEC. 528. (a) None of the funds appropriated or other12 wise made available in this or any other Act may be used 

13 to construct, acquire, or modify any facility in the United 

14 States, its territories, or possessions to house any individual 

15 described in subsection (c) for the purposes of detention or 

16 imprisonment in the custody or under the effective control 

17 of the Department of Defense. 

18 (b) The prohibition in subsection (a) shall not apply 

19 to any modification of facilities at United States Naval 

20 Station, Guantanamo Bay, Cuba. 

21 (c) An individual described in this subsection is any 

22 individual who, as of June 24, 2009, is located at United 

23 States Naval Station, Guantanamo Bay, Cuba, and who— 

24 (1) is not a citizen of the United States or a 

25 member of the Armed Forces of the United States; and 
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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, Guantanamo Bay, Cuba. 

6 SEC. 529. To the extent practicable, funds made avail7 able in this Act should be used to purchase light bulbs that 

8 are ‘‘Energy Star’’ qualified or have the ‘‘Federal Energy 

9 Management Program’’ designation. 

10 SEC. 530. The Director of the Office of Management 

11 and Budget shall instruct any department, agency, or in12 strumentality of the United States receiving funds appro13 priated under this Act to track undisbursed balances in ex14 pired grant accounts and include in its annual performance 

15 plan and performance and accountability reports the fol16 lowing: 

17 (1) Details on future action the department, 

18 agency, or instrumentality will take to resolve 

19 undisbursed balances in expired grant accounts. 

20 (2) The method that the department, agency, or 

21 instrumentality uses to track undisbursed balances in 

22 expired grant accounts. 

23 (3) Identification of undisbursed balances in ex24 pired grant accounts that may be returned to the 

25 Treasury of the United States. 
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1 (4) In the preceding 3 fiscal years, details on the 

2 total number of expired grant accounts with 

3 undisbursed balances (on the first day of each fiscal 

4 year) for the department, agency, or instrumentality 

5 and the total finances that have not been obligated to 

6 a specific project remaining in the accounts. 

7 SEC. 531. (a) None of the funds made available by this 

8 Act may be used for the National Aeronautics and Space 

9 Administration (NASA) or the Office of Science and Tech10 nology Policy (OSTP) to develop, design, plan, promulgate, 

11 implement, or execute a bilateral policy, program, order, 

12 or contract of any kind to participate, collaborate, or co13 ordinate bilaterally in any way with China or any Chinese14 owned company unless such activities are specifically au15 thorized by a law enacted after the date of enactment of 

16 this Act. 

17 (b) None of the funds made available by this Act may 

18 be used to effectuate the hosting of official Chinese visitors 

19 at facilities belonging to or utilized by NASA. 

20 (c) The limitations described in subsections (a) and 

21 (b) shall not apply to activities which NASA or OSTP has 

22 certified— 

23 (1) pose no risk of resulting in the transfer of 

24 technology, data, or other information with national 
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1 security or economic security implications to China 

2 or a Chinese-owned company; and 

3 (2) will not involve knowing interactions with 

4 officials who have been determined by the United 

5 States to have direct involvement with violations of 

6 human rights. 

7 (d) Any certification made under subsection (c) shall 

8 be submitted to the Committees on Appropriations of the 

9 House of Representatives and the Senate, and the Federal 

10 Bureau of Investigation, no later than 30 days prior to the 

11 activity in question and shall include a description of the 

12 purpose of the activity, its agenda, its major participants, 

13 and its location and timing. 

14 SEC. 532. None of the funds made available by this 

15 Act may be used to pay the salaries or expenses of personnel 

16 to deny, or fail to act on, an application for the importation 

17 of any model of shotgun if— 

18 (1) all other requirements of law with respect to 

19 the proposed importation are met; and 

20 (2) no application for the importation of such 

21 model of shotgun, in the same configuration, had been 

22 denied by the Attorney General prior to January 1, 

23 2011, on the basis that the shotgun was not particu24 larly suitable for or readily adaptable to sporting 

25 purposes. 
209 

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1 SEC. 533. (a) None of the funds made available in this 

2 Act may be used to maintain or establish a computer net3 work unless such network blocks the viewing, downloading, 

4 and exchanging of pornography. 

5 (b) Nothing in subsection (a) shall limit the use of 

6 funds necessary for any Federal, State, tribal, or local law 

7 enforcement agency or any other entity carrying out crimi8 nal investigations, prosecution, adjudication, or other law 

9 enforcement- or victim assistance-related activity. 

10 SEC. 534. The Departments of Commerce and Justice, 

11 the National Aeronautics and Space Administration, the 

12 National Science Foundation, the Commission on Civil 

13 Rights, the Equal Employment Opportunity Commission, 

14 the International Trade Commission, the Legal Services 

15 Corporation, the Marine Mammal Commission, the Offices 

16 of Science and Technology Policy and the United States 

17 Trade Representative, and the State Justice Institute shall 

18 submit spending plans, signed by the respective department 

19 or agency head, to the Committees on Appropriations of the 

20 House of Representatives and the Senate within 45 days 

21 after the date of enactment of this Act. 

22 SEC. 535. (a) The head of any executive branch depart23 ment, agency, board, commission, or office funded by this 

24 Act shall submit annual reports to the Inspector General 

25 or senior ethics official for any entity without an Inspector 
210 

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1 General, regarding the costs and contracting procedures re2 lated to each conference held by any such department, agen3 cy, board, commission, or office during fiscal year 2016 for 

4 which the cost to the United States Government was more 

5 than $100,000. 

6 (b) Each report submitted shall include, for each con7 ference described in subsection (a) held during the applica8 ble period— 

9 (1) a description of its purpose; 

10 (2) the number of participants attending; 

11 (3) a detailed statement of the costs to the United 

12 States Government, including— 

13 (A) the cost of any food or beverages; 

14 (B) the cost of any audio-visual services; 

15 (C) the cost of employee or contractor travel 

16 to and from the conference; and 

17 (D) a discussion of the methodology used to 

18 determine which costs relate to the conference; 

19 and 

20 (4) a description of the contracting procedures 

21 used including— 

22 (A) whether contracts were awarded on a 

23 competitive basis; and 

24 (B) a discussion of any cost comparison 

25 conducted by the departmental component or of-
211 

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1 fice in evaluating potential contractors for the 

2 conference. 

3 (c) Within 15 days of the date of a conference held 

4 by any executive branch department, agency, board, com5 mission, or office funded by this Act during fiscal year 2016 

6 for which the cost to the United States Government was 

7 more than $20,000, the head of any such department, agen8 cy, board, commission, or office shall notify the Inspector 

9 General or senior ethics official for any entity without an 

10 Inspector General, of the date, location, and number of em11 ployees attending such conference. 

12 (d) A grant or contract funded by amounts appro13 priated by this Act may not be used for the purpose of de14 fraying the costs of a banquet or conference that is not di15 rectly and programmatically related to the purpose for 

16 which the grant or contract was awarded, such as a banquet 

17 or conference held in connection with planning, training, 

18 assessment, review, or other routine purposes related to a 

19 project funded by the grant or contract. 

20 (e) None of the funds made available in this Act may 

21 be used for travel and conference activities that are not in 

22 compliance with Office of Management and Budget Memo23 randum M–12–12 dated May 11, 2012 or any subsequent 

24 revisions to that memorandum. 
212 

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1 SEC. 536. None of the funds made available by this 

2 Act may be obligated or expended to implement the Arms 

3 Trade Treaty until the Senate approves a resolution of rati4 fication for the Treaty. 

5 SEC. 537. The head of any executive branch depart6 ment, agency, board, commission, or office funded by this 

7 Act shall require that all contracts within their purview 

8 that provide award fees link such fees to successful acquisi9 tion outcomes, specifying the terms of cost, schedule, and 

10 performance. 

11 SEC. 538. Notwithstanding any other provision of this 

12 Act, none of the funds appropriated or otherwise made 

13 available by this Act may be used to pay award or incentive 

14 fees for contractor performance that has been judged to be 

15 below satisfactory performance or for performance that does 

16 not meet the basic requirements of a contract. 

17 SEC. 539. (a) None of the funds made available by this 

18 Act may be used to relinquish the responsibility of the Na19 tional Telecommunications and Information Administra20 tion, during fiscal year 2016, with respect to Internet do21 main name system functions, including responsibility with 

22 respect to the authoritative root zone file and the Internet 

23 Assigned Numbers Authority functions. 

24 (b) Nothwithstanding any other law, subsection (a) of 

25 this section shall not apply in fiscal year 2017. 
213 

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1 SEC. 540. No funds provided in this Act shall be used 

2 to deny an Inspector General funded under this Act timely 

3 access to any records, documents, or other materials avail4 able to the department or agency over which that Inspector 

5 General has responsibilities under the Inspector General Act 

6 of 1978, or to prevent or impede that Inspector General’s 

7 access to such records, documents, or other materials, under 

8 any provision of law, except a provision of law that ex9 pressly refers to the Inspector General and expressly limits 

10 the Inspector General’s right of access. A department or 

11 agency covered by this section shall provide its Inspector 

12 General with access to all such records, documents, and 

13 other materials in a timely manner. Each Inspector Gen14 eral shall ensure compliance with statutory limitations on 

15 disclosure relevant to the information provided by the estab16 lishment over which that Inspector General has responsibil17 ities under the Inspector General Act of 1978. Each Inspec18 tor General covered by this section shall report to the Com19 mittees on Appropriations of the House of Representatives 

20 and the Senate within 5 calendar days any failures to com21 ply with this requirement. 

22 SEC. 541. The Department of Commerce, the National 

23 Aeronautics and Space Administration, and the National 

24 Science Foundation shall provide a quarterly report to the 

25 Committees on Appropriations of the House of Representa-
214 

•HR 2029 EAH 

1 tives and the Senate on any official travel to China by any 

2 employee of such Department or agency, including the pur3 pose of such travel. 

4 SEC. 542. None of the funds made available in this 

5 Act to the Department of Justice may be used, with respect 

6 to any of the States of Alabama, Alaska, Arizona, Cali7 fornia, Colorado, Connecticut, Delaware, Florida, Georgia, 

8 Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maine, Mary9 land, Massachusetts, Michigan, Minnesota, Mississippi, 

10 Missouri, Montana, Nevada, New Hampshire, New Jersey, 

11 New Mexico, New York, North Carolina, Oklahoma, Oregon, 

12 Rhode Island, South Carolina, Tennessee, Texas, Utah, 

13 Vermont, Virginia, Washington, Wisconsin, and Wyoming, 

14 or with respect to the District of Columbia, Guam, or Puer15 to Rico, to prevent any of them from implementing their 

16 own laws that authorize the use, distribution, possession, 

17 or cultivation of medical marijuana. 

18 SEC. 543. None of the funds made available by this 

19 Act may be used in contravention of section 7606 (‘‘Legit20 imacy of Industrial Hemp Research’’) of the Agricultural 

21 Act of 2014 (Public Law 113–79) by the Department of Jus22 tice or the Drug Enforcement Administration. 

23 This division may be cited as the ‘‘Commerce, Justice, 

24 Science, and Related Agencies Appropriations Act, 2016’’. 
215 

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1 DIVISION C—DEPARTMENT OF DEFENSE 

2 APPROPRIATIONS ACT, 2016 

3 TITLE I 

4 MILITARY PERSONNEL 

5 MILITARY PERSONNEL, ARMY

6 For pay, allowances, individual clothing, subsistence, 

7 interest on deposits, gratuities, permanent change of station 

8 travel (including all expenses thereof for organizational 

9 movements), and expenses of temporary duty travel between 

10 permanent duty stations, for members of the Army on active 

11 duty (except members of reserve components provided for 

12 elsewhere), cadets, and aviation cadets; for members of the 

13 Reserve Officers’ Training Corps; and for payments pursu14 ant to section 156 of Public Law 97–377, as amended (42 

15 U.S.C. 402 note), and to the Department of Defense Mili16 tary Retirement Fund, $41,045,562,000. 

17 MILITARY PERSONNEL, NAVY

18 For pay, allowances, individual clothing, subsistence, 

19 interest on deposits, gratuities, permanent change of station 

20 travel (including all expenses thereof for organizational 

21 movements), and expenses of temporary duty travel between 

22 permanent duty stations, for members of the Navy on active 

23 duty (except members of the Reserve provided for elsewhere), 

24 midshipmen, and aviation cadets; for members of the Re25 serve Officers’ Training Corps; and for payments pursuant 
216 

•HR 2029 EAH 

1 to section 156 of Public Law 97–377, as amended (42 

2 U.S.C. 402 note), and to the Department of Defense Mili3 tary Retirement Fund, $27,835,183,000. 

4 MILITARY PERSONNEL, MARINE CORPS

5 For pay, allowances, individual clothing, subsistence, 

6 interest on deposits, gratuities, permanent change of station 

7 travel (including all expenses thereof for organizational 

8 movements), and expenses of temporary duty travel between 

9 permanent duty stations, for members of the Marine Corps 

10 on active duty (except members of the Reserve provided for 

11 elsewhere); and for payments pursuant to section 156 of 

12 Public Law 97–377, as amended (42 U.S.C. 402 note), and 

13 to the Department of Defense Military Retirement Fund, 

14 $12,859,152,000. 

15 MILITARY PERSONNEL, AIR FORCE

16 For pay, allowances, individual clothing, subsistence, 

17 interest on deposits, gratuities, permanent change of station 

18 travel (including all expenses thereof for organizational 

19 movements), and expenses of temporary duty travel between 

20 permanent duty stations, for members of the Air Force on 

21 active duty (except members of reserve components provided 

22 for elsewhere), cadets, and aviation cadets; for members of 

23 the Reserve Officers’ Training Corps; and for payments 

24 pursuant to section 156 of Public Law 97–377, as amended 
217 

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1 (42 U.S.C. 402 note), and to the Department of Defense 

2 Military Retirement Fund, $27,679,066,000. 

3 RESERVE PERSONNEL, ARMY

4 For pay, allowances, clothing, subsistence, gratuities, 

5 travel, and related expenses for personnel of the Army Re6 serve on active duty under sections 10211, 10302, and 3038 

7 of title 10, United States Code, or while serving on active 

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

9 in connection with performing duty specified in section 

10 12310(a) of title 10, United States Code, or while under11 going reserve training, or while performing drills or equiva12 lent duty or other duty, and expenses authorized by section 

13 16131 of title 10, United States Code; and for payments 

14 to the Department of Defense Military Retirement Fund, 

15 $4,463,164,000. 

16 RESERVE PERSONNEL, NAVY

17 For pay, allowances, clothing, subsistence, gratuities, 

18 travel, and related expenses for personnel of the Navy Re19 serve on active duty under section 10211 of title 10, United 

20 States Code, or while serving on active duty under section 

21 12301(d) of title 10, United States Code, in connection with 

22 performing duty specified in section 12310(a) of title 10, 

23 United States Code, or while undergoing reserve training, 

24 or while performing drills or equivalent duty, and expenses 

25 authorized by section 16131 of title 10, United States Code; 
218 

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1 and for payments to the Department of Defense Military 

2 Retirement Fund, $1,866,891,000. 

3 RESERVE PERSONNEL, MARINE CORPS

4 For pay, allowances, clothing, subsistence, gratuities, 

5 travel, and related expenses for personnel of the Marine 

6 Corps Reserve on active duty under section 10211 of title 

7 10, United States Code, or while serving on active duty 

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

9 connection with performing duty specified in section 

10 12310(a) of title 10, United States Code, or while under11 going reserve training, or while performing drills or equiva12 lent duty, and for members of the Marine Corps platoon 

13 leaders class, and expenses authorized by section 16131 of 

14 title 10, United States Code; and for payments to the De15 partment of Defense Military Retirement Fund, 

16 $702,481,000. 

17 RESERVE PERSONNEL, AIR FORCE

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

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

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

21 8038 of title 10, United States Code, or while serving on 

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

23 Code, in connection with performing duty specified in sec24 tion 12310(a) of title 10, United States Code, or while un25 dergoing reserve training, or while performing drills or 
219 

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1 equivalent duty or other duty, and expenses authorized by 

2 section 16131 of title 10, United States Code; and for pay3 ments to the Department of Defense Military Retirement 

4 Fund, $1,682,942,000. 

5 NATIONAL GUARD PERSONNEL, ARMY

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

7 travel, and related expenses for personnel of the Army Na8 tional Guard while on duty under sections 10211, 10302, 

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

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

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

12 in connection with performing duty specified in section 

13 12310(a) of title 10, United States Code, or while under14 going training, or while performing drills or equivalent 

15 duty or other duty, and expenses authorized by section 

16 16131 of title 10, United States Code; and for payments 

17 to the Department of Defense Military Retirement Fund, 

18 $7,892,327,000. 

19 NATIONAL GUARD PERSONNEL, AIR FORCE

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

21 travel, and related expenses for personnel of the Air Na22 tional Guard on duty under sections 10211, 10305, or 

23 12402 of title 10 or section 708 of title 32, United States 

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

25 title 10 or section 502(f) of title 32, United States Code, 
220 

•HR 2029 EAH 

1 in connection with performing duty specified in section 

2 12310(a) of title 10, United States Code, or while under3 going training, or while performing drills or equivalent 

4 duty or other duty, and expenses authorized by section 

5 16131 of title 10, United States Code; and for payments 

6 to the Department of Defense Military Retirement Fund, 

7 $3,201,890,000. 

8 TITLE II 

9 OPERATION AND MAINTENANCE 

10 OPERATION AND MAINTENANCE, ARMY

11 For expenses, not otherwise provided for, necessary for 

12 the operation and maintenance of the Army, as authorized 

13 by law, $32,399,440,000: Provided, That not to exceed 

14 $12,478,000 can be used for emergencies and extraordinary 

15 expenses, to be expended on the approval or authority of 

16 the Secretary of the Army, and payments may be made on 

17 his certificate of necessity for confidential military pur18 poses. 

19 OPERATION AND MAINTENANCE, NAVY

20 For expenses, not otherwise provided for, necessary for 

21 the operation and maintenance of the Navy and the Marine 

22 Corps, as authorized by law, $39,600,172,000: Provided, 

23 That not to exceed $15,055,000 can be used for emergencies 

24 and extraordinary expenses, to be expended on the approval 

25 or authority of the Secretary of the Navy, and payments 
221 

•HR 2029 EAH 

1 may be made on his certificate of necessity for confidential 

2 military purposes. 

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For expenses, not otherwise provided for, necessary for 

5 the operation and maintenance of the Marine Corps, as au6 thorized by law, $5,718,074,000. 

7 OPERATION AND MAINTENANCE, AIR FORCE

8 For expenses, not otherwise provided for, necessary for 

9 the operation and maintenance of the Air Force, as author10 ized by law, $35,727,457,000: Provided, That not to exceed 

11 $7,699,000 can be used for emergencies and extraordinary 

12 expenses, to be expended on the approval or authority of 

13 the Secretary of the Air Force, and payments may be made 

14 on his certificate of necessity for confidential military pur15 poses. 

16 OPERATION AND MAINTENANCE, DEFENSE-WIDE

17 (INCLUDING TRANSFER OF FUNDS)

18 For expenses, not otherwise provided for, necessary for 

19 the operation and maintenance of activities and agencies 

20 of the Department of Defense (other than the military de21 partments), as authorized by law, $32,105,040,000: Pro22 vided, That not more than $15,000,000 may be used for 

23 the Combatant Commander Initiative Fund authorized 

24 under section 166a of title 10, United States Code: Provided 

25 further, That not to exceed $36,000,000 can be used for 
222 

•HR 2029 EAH 

1 emergencies and extraordinary expenses, to be expended on 

2 the approval or authority of the Secretary of Defense, and 

3 payments may be made on his certificate of necessity for 

4 confidential military purposes: Provided further, That of 

5 the funds provided under this heading, not less than 

6 $35,045,000 shall be made available for the Procurement 

7 Technical Assistance Cooperative Agreement Program, of 

8 which not less than $3,600,000 shall be available for centers 

9 defined in 10 U.S.C. 2411(1)(D): Provided further, That 

10 none of the funds appropriated or otherwise made available 

11 by this Act may be used to plan or implement the consolida12 tion of a budget or appropriations liaison office of the Office 

13 of the Secretary of Defense, the office of the Secretary of 

14 a military department, or the service headquarters of one 

15 of the Armed Forces into a legislative affairs or legislative 

16 liaison office: Provided further, That $9,031,000, to remain 

17 available until expended, is available only for expenses re18 lating to certain classified activities, and may be trans19 ferred as necessary by the Secretary of Defense to operation 

20 and maintenance appropriations or research, development, 

21 test and evaluation appropriations, to be merged with and 

22 to be available for the same time period as the appropria23 tions to which transferred: Provided further, That any ceil24 ing on the investment item unit cost of items that may be 

25 purchased with operation and maintenance funds shall not 
223 

•HR 2029 EAH 

1 apply to the funds described in the preceding proviso: Pro2 vided further, That the transfer authority provided under 

3 this heading is in addition to any other transfer authority 

4 provided elsewhere in this Act. 

5 OPERATION AND MAINTENANCE, ARMY RESERVE

6 For expenses, not otherwise provided for, necessary for 

7 the operation and maintenance, including training, organi8 zation, and administration, of the Army Reserve; repair of 

9 facilities and equipment; hire of passenger motor vehicles; 

10 travel and transportation; care of the dead; recruiting; pro11 curement of services, supplies, and equipment; and commu12 nications, $2,646,911,000. 

13 OPERATION AND MAINTENANCE, NAVY RESERVE

14 For expenses, not otherwise provided for, necessary for 

15 the operation and maintenance, including training, organi16 zation, and administration, of the Navy Reserve; repair of 

17 facilities and equipment; hire of passenger motor vehicles; 

18 travel and transportation; care of the dead; recruiting; pro19 curement of services, supplies, and equipment; and commu20 nications, $998,481,000. 

21 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

22 For expenses, not otherwise provided for, necessary for 

23 the operation and maintenance, including training, organi24 zation, and administration, of the Marine Corps Reserve; 

25 repair of facilities and equipment; hire of passenger motor 
224 

•HR 2029 EAH 

1 vehicles; travel and transportation; care of the dead; recruit2 ing; procurement of services, supplies, and equipment; and 

3 communications, $274,526,000. 

4 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

5 For expenses, not otherwise provided for, necessary for 

6 the operation and maintenance, including training, organi7 zation, and administration, of the Air Force Reserve; repair 

8 of facilities and equipment; hire of passenger motor vehicles; 

9 travel and transportation; care of the dead; recruiting; pro10 curement of services, supplies, and equipment; and commu11 nications, $2,980,768,000. 

12 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

13 For expenses of training, organizing, and admin14 istering the Army National Guard, including medical and 

15 hospital treatment and related expenses in non-Federal hos16 pitals; maintenance, operation, and repairs to structures 

17 and facilities; hire of passenger motor vehicles; personnel 

18 services in the National Guard Bureau; travel expenses 

19 (other than mileage), as authorized by law for Army per20 sonnel on active duty, for Army National Guard division, 

21 regimental, and battalion commanders while inspecting 

22 units in compliance with National Guard Bureau regula23 tions when specifically authorized by the Chief, National 

24 Guard Bureau; supplying and equipping the Army Na25 tional Guard as authorized by law; and expenses of repair, 
225 

•HR 2029 EAH 

1 modification, maintenance, and issue of supplies and 

2 equipment (including aircraft), $6,595,483,000. 

3 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

4 For expenses of training, organizing, and admin5 istering the Air National Guard, including medical and 

6 hospital treatment and related expenses in non-Federal hos7 pitals; maintenance, operation, and repairs to structures 

8 and facilities; transportation of things, hire of passenger 

9 motor vehicles; supplying and equipping the Air National 

10 Guard, as authorized by law; expenses for repair, modifica11 tion, maintenance, and issue of supplies and equipment, 

12 including those furnished from stocks under the control of 

13 agencies of the Department of Defense; travel expenses (other 

14 than mileage) on the same basis as authorized by law for 

15 Air National Guard personnel on active Federal duty, for 

16 Air National Guard commanders while inspecting units in 

17 compliance with National Guard Bureau regulations when 

18 specifically authorized by the Chief, National Guard Bu19 reau, $6,820,569,000. 

20 UNITED STATES COURT OF APPEALS FOR THE ARMED

21 FORCES

22 For salaries and expenses necessary for the United 

23 States Court of Appeals for the Armed Forces, $14,078,000, 

24 of which not to exceed $5,000 may be used for official rep25 resentation purposes. 
226 

•HR 2029 EAH 

1 ENVIRONMENTAL RESTORATION, ARMY

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Army, $234,829,000, to re4 main available until transferred: Provided, That the Sec5 retary of the Army shall, upon determining that such funds 

6 are required for environmental restoration, reduction and 

7 recycling of hazardous waste, removal of unsafe buildings 

8 and debris of the Department of the Army, or for similar 

9 purposes, transfer the funds made available by this appro10 priation to other appropriations made available to the De11 partment of the Army, to be merged with and to be available 

12 for the same purposes and for the same time period as the 

13 appropriations to which transferred: Provided further, That 

14 upon a determination that all or part of the funds trans15 ferred from this appropriation are not necessary for the 

16 purposes provided herein, such amounts may be transferred 

17 back to this appropriation: Provided further, That the 

18 transfer authority provided under this heading is in addi19 tion to any other transfer authority provided elsewhere in 

20 this Act. 

21 ENVIRONMENTAL RESTORATION, NAVY

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of the Navy, $300,000,000, to re24 main available until transferred: Provided, That the Sec25 retary of the Navy shall, upon determining that such funds 
227 

•HR 2029 EAH 

1 are required for environmental restoration, reduction and 

2 recycling of hazardous waste, removal of unsafe buildings 

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

4 purposes, transfer the funds made available by this appro5 priation to other appropriations made available to the De6 partment of the Navy, to be merged with and to be available 

7 for the same purposes and for the same time period as the 

8 appropriations to which transferred: Provided further, That 

9 upon a determination that all or part of the funds trans10 ferred from this appropriation are not necessary for the 

11 purposes provided herein, such amounts may be transferred 

12 back to this appropriation: Provided further, That the 

13 transfer authority provided under this heading is in addi14 tion to any other transfer authority provided elsewhere in 

15 this Act. 

16 ENVIRONMENTAL RESTORATION, AIR FORCE

17 (INCLUDING TRANSFER OF FUNDS)

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

19 to remain available until transferred: Provided, That the 

20 Secretary of the Air Force shall, upon determining that 

21 such funds are required for environmental restoration, re22 duction and recycling of hazardous waste, removal of unsafe 

23 buildings and debris of the Department of the Air Force, 

24 or for similar purposes, transfer the funds made available 

25 by this appropriation to other appropriations made avail-
228 

•HR 2029 EAH 

1 able to the Department of the Air Force, to be merged with 

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

3 time period as the appropriations to which transferred: 

4 Provided further, That upon a determination that all or 

5 part of the funds transferred from this appropriation are 

6 not necessary for the purposes provided herein, such 

7 amounts may be transferred back to this appropriation: 

8 Provided further, That the transfer authority provided 

9 under this heading is in addition to any other transfer au10 thority provided elsewhere in this Act. 

11 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of Defense, $8,232,000, to remain 

14 available until transferred: Provided, That the Secretary of 

15 Defense shall, upon determining that such funds are re16 quired for environmental restoration, reduction and recy17 cling of hazardous waste, removal of unsafe buildings and 

18 debris of the Department of Defense, or for similar purposes, 

19 transfer the funds made available by this appropriation to 

20 other appropriations made available to the Department of 

21 Defense, to be merged with and to be available for the same 

22 purposes and for the same time period as the appropria23 tions to which transferred: Provided further, That upon a 

24 determination that all or part of the funds transferred from 

25 this appropriation are not necessary for the purposes pro-
229 

•HR 2029 EAH 

1 vided herein, such amounts may be transferred back to this 

2 appropriation: Provided further, That the transfer author3 ity provided under this heading is in addition to any other 

4 transfer authority provided elsewhere in this Act. 

5 ENVIRONMENTAL RESTORATION, FORMERLY USED

6 DEFENSE SITES

7 (INCLUDING TRANSFER OF FUNDS)

8 For the Department of the Army, $231,217,000, to re9 main available until transferred: Provided, That the Sec10 retary of the Army shall, upon determining that such funds 

11 are required for environmental restoration, reduction and 

12 recycling of hazardous waste, removal of unsafe buildings 

13 and debris at sites formerly used by the Department of De14 fense, transfer the funds made available by this appropria15 tion to other appropriations made available to the Depart16 ment of the Army, to be merged with and to be available 

17 for the same purposes and for the same time period as the 

18 appropriations to which transferred: Provided further, That 

19 upon a determination that all or part of the funds trans20 ferred from this appropriation are not necessary for the 

21 purposes provided herein, such amounts may be transferred 

22 back to this appropriation: Provided further, That the 

23 transfer authority provided under this heading is in addi24 tion to any other transfer authority provided elsewhere in 

25 this Act. 
230 

•HR 2029 EAH 

1 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

2 For expenses relating to the Overseas Humanitarian, 

3 Disaster, and Civic Aid programs of the Department of De4 fense (consisting of the programs provided under sections 

5 401, 402, 404, 407, 2557, and 2561 of title 10, United 

6 States Code), $103,266,000, to remain available until Sep7 tember 30, 2017. 

8 COOPERATIVE THREAT REDUCTION ACCOUNT

9 For assistance to the republics of the former Soviet 

10 Union and, with appropriate authorization by the Depart11 ment of Defense and Department of State, to countries out12 side of the former Soviet Union, including assistance pro13 vided by contract or by grants, for facilitating the elimi14 nation and the safe and secure transportation and storage 

15 of nuclear, chemical and other weapons; for establishing 

16 programs to prevent the proliferation of weapons, weapons 

17 components, and weapon-related technology and expertise; 

18 for programs relating to the training and support of defense 

19 and military personnel for demilitarization and protection 

20 of weapons, weapons components, and weapons technology 

21 and expertise, and for defense and military contacts, 

22 $358,496,000, to remain available until September 30, 

23 2018. 
231 

•HR 2029 EAH 

1 TITLE III 

2 PROCUREMENT 

3 AIRCRAFT PROCUREMENT, ARMY

4 For construction, procurement, production, modifica5 tion, and modernization of aircraft, equipment, including 

6 ordnance, ground handling equipment, spare parts, and ac7 cessories therefor; specialized equipment and training de8 vices; expansion of public and private plants, including the 

9 land necessary therefor, for the foregoing purposes, and such 

10 lands and interests therein, may be acquired, and construc11 tion prosecuted thereon prior to approval of title; and pro12 curement and installation of equipment, appliances, and 

13 machine tools in public and private plants; reserve plant 

14 and Government and contractor-owned equipment layaway; 

15 and other expenses necessary for the foregoing purposes, 

16 $5,866,367,000, to remain available for obligation until 

17 September 30, 2018. 

18 MISSILE PROCUREMENT, ARMY

19 For construction, procurement, production, modifica20 tion, and modernization of missiles, equipment, including 

21 ordnance, ground handling equipment, spare parts, and ac22 cessories therefor; specialized equipment and training de23 vices; expansion of public and private plants, including the 

24 land necessary therefor, for the foregoing purposes, and such 

25 lands and interests therein, may be acquired, and construc-
232 

•HR 2029 EAH 

1 tion prosecuted thereon prior to approval of title; and pro2 curement and installation of equipment, appliances, and 

3 machine tools in public and private plants; reserve plant 

4 and Government and contractor-owned equipment layaway; 

5 and other expenses necessary for the foregoing purposes, 

6 $1,600,957,000, to remain available for obligation until 

7 September 30, 2018. 

8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

9 VEHICLES, ARMY

10 For construction, procurement, production, and modi11 fication of weapons and tracked combat vehicles, equipment, 

12 including ordnance, spare parts, and accessories therefor; 

13 specialized equipment and training devices; expansion of 

14 public and private plants, including the land necessary 

15 therefor, for the foregoing purposes, and such lands and in16 terests therein, may be acquired, and construction pros17 ecuted thereon prior to approval of title; and procurement 

18 and installation of equipment, appliances, and machine 

19 tools in public and private plants; reserve plant and Gov20 ernment and contractor-owned equipment layaway; and 

21 other expenses necessary for the foregoing purposes, 

22 $1,951,646,000, to remain available for obligation until 

23 September 30, 2018. 
233 

•HR 2029 EAH 

1 PROCUREMENT OF AMMUNITION, ARMY

2 For construction, procurement, production, and modi3 fication of ammunition, and accessories therefor; specialized 

4 equipment and training devices; expansion of public and 

5 private plants, including ammunition facilities, authorized 

6 by section 2854 of title 10, United States Code, and the 

7 land necessary therefor, for the foregoing purposes, and such 

8 lands and interests therein, may be acquired, and construc9 tion prosecuted thereon prior to approval of title; and pro10 curement and installation of equipment, appliances, and 

11 machine tools in public and private plants; reserve plant 

12 and Government and contractor-owned equipment layaway; 

13 and other expenses necessary for the foregoing purposes, 

14 $1,245,426,000, to remain available for obligation until 

15 September 30, 2018. 

16 OTHER PROCUREMENT, ARMY

17 For construction, procurement, production, and modi18 fication of vehicles, including tactical, support, and non19 tracked combat vehicles; the purchase of passenger motor ve20 hicles for replacement only; communications and electronic 

21 equipment; other support equipment; spare parts, ordnance, 

22 and accessories therefor; specialized equipment and training 

23 devices; expansion of public and private plants, including 

24 the land necessary therefor, for the foregoing purposes, and 

25 such lands and interests therein, may be acquired, and con-
234 

•HR 2029 EAH 

1 struction prosecuted thereon prior to approval of title; and 

2 procurement and installation of equipment, appliances, 

3 and machine tools in public and private plants; reserve 

4 plant and Government and contractor-owned equipment 

5 layaway; and other expenses necessary for the foregoing 

6 purposes, $5,718,811,000, to remain available for obligation 

7 until September 30, 2018. 

8 AIRCRAFT PROCUREMENT, NAVY

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

11 ordnance, spare parts, and accessories therefor; specialized 

12 equipment; expansion of public and private plants, includ13 ing the land necessary therefor, and such lands and inter14 ests therein, may be acquired, and construction prosecuted 

15 thereon prior to approval of title; and procurement and in16 stallation of equipment, appliances, and machine tools in 

17 public and private plants; reserve plant and Government 

18 and contractor-owned equipment layaway, 

19 $17,521,209,000, to remain available for obligation until 

20 September 30, 2018. 

21 WEAPONS PROCUREMENT, NAVY

22 For construction, procurement, production, modifica23 tion, and modernization of missiles, torpedoes, other weap24 ons, and related support equipment including spare parts, 

25 and accessories therefor; expansion of public and private 
235 

•HR 2029 EAH 

1 plants, including the land necessary therefor, and such 

2 lands and interests therein, may be acquired, and construc3 tion prosecuted thereon prior to approval of title; and pro4 curement and installation of equipment, appliances, and 

5 machine tools in public and private plants; reserve plant 

6 and Government and contractor-owned equipment layaway, 

7 $3,049,542,000, to remain available for obligation until 

8 September 30, 2018. 

9 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

10 CORPS

11 For construction, procurement, production, and modi12 fication of ammunition, and accessories therefor; specialized 

13 equipment and training devices; expansion of public and 

14 private plants, including ammunition facilities, authorized 

15 by section 2854 of title 10, United States Code, and the 

16 land necessary therefor, for the foregoing purposes, and such 

17 lands and interests therein, may be acquired, and construc18 tion prosecuted thereon prior to approval of title; and pro19 curement and installation of equipment, appliances, and 

20 machine tools in public and private plants; reserve plant 

21 and Government and contractor-owned equipment layaway; 

22 and other expenses necessary for the foregoing purposes, 

23 $651,920,000, to remain available for obligation until Sep24 tember 30, 2018. 
236 

•HR 2029 EAH 

1 SHIPBUILDING AND CONVERSION, NAVY

2 For expenses necessary for the construction, acquisi3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public 

6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical, 

8 long lead time components and designs for vessels to be con9 structed or converted in the future; and expansion of public 

10 and private plants, including land necessary therefor, and 

11 such lands and interests therein, may be acquired, and con12 struction prosecuted thereon prior to approval of title, as 

13 follows: 

14 Carrier Replacement Program, $1,569,571,000; 

15 Carrier Replacement Program (AP), 

16 $862,358,000; 

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

18 Virginia Class Submarine (AP), $1,971,840,000; 

19 CVN Refueling Overhauls, $637,588,000; 

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

21 DDG–1000 Program, $433,404,000; 

22 DDG–51 Destroyer, $4,132,650,000; 

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

24 LPD–17, $550,000,000; 

25 Afloat Forward Staging Base, $635,000,000; 
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•HR 2029 EAH 

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

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

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

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

5 T–ATS(X) Fleet Tug, $75,000,000; 

6 LCU Replacement, $34,000,000; 

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

8 Ship to Shore Connector, $210,630,000; 

9 Service Craft, $30,014,000; 

10 LCAC Service Life Extension Program, 

11 $80,738,000; 

12 YP Craft Maintenance/ROH/SLEP, $21,838,000; 

13 and 

14 For outfitting, post delivery, conversions, and 

15 first destination transportation, $613,758,000. 

16 Completion of Prior Year Shipbuilding Pro17 grams, $389,305,000. 

18 In all: $18,704,539,000, to remain available for obliga19 tion until September 30, 2020: Provided, That additional 

20 obligations may be incurred after September 30, 2020, for 

21 engineering services, tests, evaluations, and other such budg22 eted work that must be performed in the final stage of ship 

23 construction: Provided further, That none of the funds pro24 vided under this heading for the construction or conversion 

25 of any naval vessel to be constructed in shipyards in the 
238 

•HR 2029 EAH 

1 United States shall be expended in foreign facilities for the 

2 construction of major components of such vessel: Provided 

3 further, That none of the funds provided under this heading 

4 shall be used for the construction of any naval vessel in 

5 foreign shipyards. 

6 OTHER PROCUREMENT, NAVY

7 For procurement, production, and modernization of 

8 support equipment and materials not otherwise provided 

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

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

11 of passenger motor vehicles for replacement only; expansion 

12 of public and private plants, including the land necessary 

13 therefor, and such lands and interests therein, may be ac14 quired, and construction prosecuted thereon prior to ap15 proval of title; and procurement and installation of equip16 ment, appliances, and machine tools in public and private 

17 plants; reserve plant and Government and contractor-owned 

18 equipment layaway, $6,484,257,000, to remain available 

19 for obligation until September 30, 2018. 

20 PROCUREMENT, MARINE CORPS

21 For expenses necessary for the procurement, manufac22 ture, and modification of missiles, armament, military 

23 equipment, spare parts, and accessories therefor; plant 

24 equipment, appliances, and machine tools, and installation 

25 thereof in public and private plants; reserve plant and Gov-
239 

•HR 2029 EAH 

1 ernment and contractor-owned equipment layaway; vehicles 

2 for the Marine Corps, including the purchase of passenger 

3 motor vehicles for replacement only; and expansion of pub4 lic and private plants, including land necessary therefor, 

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

6 construction prosecuted thereon prior to approval of title, 

7 $1,186,812,000, to remain available for obligation until 

8 September 30, 2018. 

9 AIRCRAFT PROCUREMENT, AIR FORCE

10 For construction, procurement, and modification of 

11 aircraft and equipment, including armor and armament, 

12 specialized ground handling equipment, and training de13 vices, spare parts, and accessories therefor; specialized 

14 equipment; expansion of public and private plants, Govern15 ment-owned equipment and installation thereof in such 

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

17 the foregoing purposes, and such lands and interests therein, 

18 may be acquired, and construction prosecuted thereon prior 

19 to approval of title; reserve plant and Government and con20 tractor-owned equipment layaway; and other expenses nec21 essary for the foregoing purposes including rents and trans22 portation of things, $15,756,853,000, to remain available 

23 for obligation until September 30, 2018. 
240 

•HR 2029 EAH 

1 MISSILE PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of 

3 missiles, rockets, and related equipment, including spare 

4 parts and accessories therefor; ground handling equipment, 

5 and training devices; expansion of public and private 

6 plants, Government-owned equipment and installation 

7 thereof in such plants, erection of structures, and acquisi8 tion of land, for the foregoing purposes, and such lands and 

9 interests therein, may be acquired, and construction pros10 ecuted thereon prior to approval of title; reserve plant and 

11 Government and contractor-owned equipment layaway; and 

12 other expenses necessary for the foregoing purposes includ13 ing rents and transportation of things, $2,912,131,000, to 

14 remain available for obligation until September 30, 2018. 

15 SPACE PROCUREMENT, AIR FORCE

16 For construction, procurement, and modification of 

17 spacecraft, rockets, and related equipment, including spare 

18 parts and accessories therefor; ground handling equipment, 

19 and training devices; expansion of public and private 

20 plants, Government-owned equipment and installation 

21 thereof in such plants, erection of structures, and acquisi22 tion of land, for the foregoing purposes, and such lands and 

23 interests therein, may be acquired, and construction pros24 ecuted thereon prior to approval of title; reserve plant and 

25 Government and contractor-owned equipment layaway; and 
241 

•HR 2029 EAH 

1 other expenses necessary for the foregoing purposes includ2 ing rents and transportation of things, $2,812,159,000, to 

3 remain available for obligation until September 30, 2018. 

4 PROCUREMENT OF AMMUNITION, AIR FORCE

5 For construction, procurement, production, and modi6 fication of ammunition, and accessories therefor; specialized 

7 equipment and training devices; expansion of public and 

8 private plants, including ammunition facilities, authorized 

9 by section 2854 of title 10, United States Code, and the 

10 land necessary therefor, for the foregoing purposes, and such 

11 lands and interests therein, may be acquired, and construc12 tion prosecuted thereon prior to approval of title; and pro13 curement and installation of equipment, appliances, and 

14 machine tools in public and private plants; reserve plant 

15 and Government and contractor-owned equipment layaway; 

16 and other expenses necessary for the foregoing purposes, 

17 $1,744,993,000, to remain available for obligation until 

18 September 30, 2018. 

19 OTHER PROCUREMENT, AIR FORCE

20 For procurement and modification of equipment (in21 cluding ground guidance and electronic control equipment, 

22 and ground electronic and communication equipment), and 

23 supplies, materials, and spare parts therefor, not otherwise 

24 provided for; the purchase of passenger motor vehicles for 

25 replacement only; lease of passenger motor vehicles; and ex-
242 

•HR 2029 EAH 

1 pansion of public and private plants, Government-owned 

2 equipment and installation thereof in such plants, erection 

3 of structures, and acquisition of land, for the foregoing pur4 poses, and such lands and interests therein, may be ac5 quired, and construction prosecuted thereon, prior to ap6 proval of title; reserve plant and Government and con7 tractor-owned equipment layaway, $18,311,882,000, to re8 main available for obligation until September 30, 2018. 

9 PROCUREMENT, DEFENSE-WIDE

10 For expenses of activities and agencies of the Depart11 ment of Defense (other than the military departments) nec12 essary for procurement, production, and modification of 

13 equipment, supplies, materials, and spare parts therefor, 

14 not otherwise provided for; the purchase of passenger motor 

15 vehicles for replacement only; expansion of public and pri16 vate plants, equipment, and installation thereof in such 

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

18 the foregoing purposes, and such lands and interests therein, 

19 may be acquired, and construction prosecuted thereon prior 

20 to approval of title; reserve plant and Government and con21 tractor-owned equipment layaway, $5,245,443,000, to re22 main available for obligation until September 30, 2018. 

23 DEFENSE PRODUCTION ACT PURCHASES

24 For activities by the Department of Defense pursuant 

25 to sections 108, 301, 302, and 303 of the Defense Production 
243 

•HR 2029 EAH 

1 Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 

2 $76,680,000, to remain available until expended. 

3 TITLE IV 

4 RESEARCH, DEVELOPMENT, TEST AND 

5 EVALUATION 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

7 For expenses necessary for basic and applied scientific 

8 research, development, test and evaluation, including main9 tenance, rehabilitation, lease, and operation of facilities 

10 and equipment, $7,565,327,000, to remain available for ob11 ligation until September 30, 2017. 

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

13 For expenses necessary for basic and applied scientific 

14 research, development, test and evaluation, including main15 tenance, rehabilitation, lease, and operation of facilities 

16 and equipment, $18,117,677,000, to remain available for 

17 obligation until September 30, 2017: Provided, That funds 

18 appropriated in this paragraph which are available for the 

19 V–22 may be used to meet unique operational requirements 

20 of the Special Operations Forces. 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

22 FORCE

23 For expenses necessary for basic and applied scientific 

24 research, development, test and evaluation, including main25 tenance, rehabilitation, lease, and operation of facilities 
244 

•HR 2029 EAH 

1 and equipment, $25,217,148,000, to remain available for 

2 obligation until September 30, 2017. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 DEFENSE-WIDE

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses of activities and agencies of the Depart7 ment of Defense (other than the military departments), nec8 essary for basic and applied scientific research, develop9 ment, test and evaluation; advanced research projects as 

10 may be designated and determined by the Secretary of De11 fense, pursuant to law; maintenance, rehabilitation, lease, 

12 and operation of facilities and equipment, $18,695,955,000, 

13 to remain available for obligation until September 30, 

14 2017: Provided, That, of the funds made available in this 

15 paragraph, $250,000,000 for the Defense Rapid Innovation 

16 Program shall only be available for expenses, not otherwise 

17 provided for, to include program management and over18 sight, to conduct research, development, test and evaluation 

19 to include proof of concept demonstration; engineering, test20 ing, and validation; and transition to full-scale production: 

21 Provided further, That the Secretary of Defense may trans22 fer funds provided herein for the Defense Rapid Innovation 

23 Program to appropriations for research, development, test 

24 and evaluation to accomplish the purpose provided herein: 

25 Provided further, That this transfer authority is in addi-
245 

•HR 2029 EAH 

1 tion to any other transfer authority available to the Depart2 ment of Defense: Provided further, That the Secretary of 

3 Defense shall, not fewer than 30 days prior to making 

4 transfers from this appropriation, notify the congressional 

5 defense committees in writing of the details of any such 

6 transfer. 

7 OPERATIONAL TEST AND EVALUATION, DEFENSE

8 For expenses, not otherwise provided for, necessary for 

9 the independent activities of the Director, Operational Test 

10 and Evaluation, in the direction and supervision of oper11 ational test and evaluation, including initial operational 

12 test and evaluation which is conducted prior to, and in sup13 port of, production decisions; joint operational testing and 

14 evaluation; and administrative expenses in connection 

15 therewith, $188,558,000, to remain available for obligation 

16 until September 30, 2017. 

17 TITLE V 

18 REVOLVING AND MANAGEMENT FUNDS 

19 DEFENSE WORKING CAPITAL FUNDS

20 For the Defense Working Capital Funds, 

21 $1,738,768,000. 

22 NATIONAL DEFENSE SEALIFT FUND

23 For National Defense Sealift Fund programs, projects, 

24 and activities, and for expenses of the National Defense Re25 serve Fleet, as established by section 11 of the Merchant 
246 

•HR 2029 EAH 

1 Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the 

2 necessary expenses to maintain and preserve a U.S.-flag 

3 merchant fleet to serve the national security needs of the 

4 United States, $474,164,000, to remain available until ex5 pended: Provided, That none of the funds provided in this 

6 paragraph shall be used to award a new contract that pro7 vides for the acquisition of any of the following major com8 ponents unless such components are manufactured in the 

9 United States: auxiliary equipment, including pumps, for 

10 all shipboard services; propulsion system components (en11 gines, reduction gears, and propellers); shipboard cranes; 

12 and spreaders for shipboard cranes: Provided further, That 

13 the exercise of an option in a contract awarded through the 

14 obligation of previously appropriated funds shall not be 

15 considered to be the award of a new contract: Provided fur16 ther, That none of the funds provided in this paragraph 

17 shall be used to award a new contract for the construction, 

18 acquisition, or conversion of vessels, including procurement 

19 of critical, long lead time components and designs for vessels 

20 to be constructed or converted in the future: Provided fur21 ther, That the Secretary of the military department respon22 sible for such procurement may waive the restrictions in 

23 the first proviso on a case-by-case basis by certifying in 

24 writing to the Committees on Appropriations of the House 

25 of Representatives and the Senate that adequate domestic 
247 

•HR 2029 EAH 

1 supplies are not available to meet Department of Defense 

2 requirements on a timely basis and that such an acquisition 

3 must be made in order to acquire capability for national 

4 security purposes. 

5 TITLE VI 

6 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

7 DEFENSE HEALTH PROGRAM

8 For expenses, not otherwise provided for, for medical 

9 and health care programs of the Department of Defense as 

10 authorized by law, $32,329,490,000; of which 

11 $29,842,167,000 shall be for operation and maintenance, of 

12 which not to exceed one percent shall remain available for 

13 obligation until September 30, 2017, and of which up to 

14 $14,579,612,000 may be available for contracts entered into 

15 under the TRICARE program; of which $365,390,000, to 

16 remain available for obligation until September 30, 2018, 

17 shall be for procurement; and of which $2,121,933,000, to 

18 remain available for obligation until September 30, 2017, 

19 shall be for research, development, test and evaluation: Pro20 vided, That, notwithstanding any other provision of law, 

21 of the amount made available under this heading for re22 search, development, test and evaluation, not less than 

23 $8,000,000 shall be available for HIV prevention edu24 cational activities undertaken in connection with United 

25 States military training, exercises, and humanitarian as-
248 

•HR 2029 EAH 

1 sistance activities conducted primarily in African nations: 

2 Provided further, That of the funds provided under this 

3 heading for research, development, test and evaluation, not 

4 less than $943,300,000 shall be made available to the 

5 United States Army Medical Research and Materiel Com6 mand to carry out the congressionally directed medical re7 search programs. 

8 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

9 DEFENSE

10 For expenses, not otherwise provided for, necessary for 

11 the destruction of the United States stockpile of lethal chem12 ical agents and munitions in accordance with the provi13 sions of section 1412 of the Department of Defense Author14 ization Act, 1986 (50 U.S.C. 1521), and for the destruction 

15 of other chemical warfare materials that are not in the 

16 chemical weapon stockpile, $699,821,000, of which 

17 $118,198,000 shall be for operation and maintenance, of 

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

19 Stockpile Emergency Preparedness Program, consisting of 

20 $21,289,000 for activities on military installations and 

21 $29,454,000, to remain available until September 30, 2017, 

22 to assist State and local governments; $2,281,000 shall be 

23 for procurement, to remain available until September 30, 

24 2018, of which $2,281,000 shall be for the Chemical Stock25 pile Emergency Preparedness Program to assist State and 
249 

•HR 2029 EAH 

1 local governments; and $579,342,000, to remain available 

2 until September 30, 2017, shall be for research, develop3 ment, test and evaluation, of which $569,339,000 shall only 

4 be for the Assembled Chemical Weapons Alternatives pro5 gram. 

6 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

7 DEFENSE

8 (INCLUDING TRANSFER OF FUNDS)

9 For drug interdiction and counter-drug activities of 

10 the Department of Defense, for transfer to appropriations 

11 available to the Department of Defense for military per12 sonnel of the reserve components serving under the provi13 sions of title 10 and title 32, United States Code; for oper14 ation and maintenance; for procurement; and for research, 

15 development, test and evaluation, $1,050,598,000, of which 

16 $716,109,000 shall be for counter-narcotics support; 

17 $121,589,000 shall be for the drug demand reduction pro18 gram; $192,900,000 shall be for the National Guard 

19 counter-drug program; and $20,000,000 shall be for the Na20 tional Guard counter-drug schools program: Provided, That 

21 the funds appropriated under this heading shall be avail22 able for obligation for the same time period and for the 

23 same purpose as the appropriation to which transferred: 

24 Provided further, That upon a determination that all or 

25 part of the funds transferred from this appropriation are 
250 

•HR 2029 EAH 

1 not necessary for the purposes provided herein, such 

2 amounts may be transferred back to this appropriation: 

3 Provided further, That the transfer authority provided 

4 under this heading is in addition to any other transfer au5 thority contained elsewhere in this Act. 

6 OFFICE OF THE INSPECTOR GENERAL

7 For expenses and activities of the Office of the Inspec8 tor General in carrying out the provisions of the Inspector 

9 General Act of 1978, as amended, $312,559,000, of which 

10 $310,459,000 shall be for operation and maintenance, of 

11 which not to exceed $700,000 is available for emergencies 

12 and extraordinary expenses to be expended on the approval 

13 or authority of the Inspector General, and payments may 

14 be made on the Inspector General’s certificate of necessity 

15 for confidential military purposes; and of which $2,100,000, 

16 to remain available until September 30, 2017, shall be for 

17 research, development, test and evaluation. 

18 TITLE VII 

19 RELATED AGENCIES 

20 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

21 DISABILITY SYSTEM FUND

22 For payment to the Central Intelligence Agency Retire23 ment and Disability System Fund, to maintain the proper 

24 funding level for continuing the operation of the Central 
251 

•HR 2029 EAH 

1 Intelligence Agency Retirement and Disability System, 

2 $514,000,000. 

3 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

4 For necessary expenses of the Intelligence Community 

5 Management Account, $505,206,000. 

6 TITLE VIII 

7 GENERAL PROVISIONS 

8 SEC. 8001. No part of any appropriation contained 

9 in this Act shall be used for publicity or propaganda pur10 poses not authorized by the Congress. 

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

12 of law prohibiting the payment of compensation to, or em13 ployment of, any person not a citizen of the United States 

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

15 Provided, That salary increases granted to direct and indi16 rect hire foreign national employees of the Department of 

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

18 of the percentage increase authorized by law for civilian 

19 employees of the Department of Defense whose pay is com20 puted under the provisions of section 5332 of title 5, United 

21 States Code, or at a rate in excess of the percentage increase 

22 provided by the appropriate host nation to its own employ23 ees, whichever is higher: Provided further, That this section 

24 shall not apply to Department of Defense foreign service 

25 national employees serving at United States diplomatic 
252 

•HR 2029 EAH 

1 missions whose pay is set by the Department of State under 

2 the Foreign Service Act of 1980: Provided further, That the 

3 limitations of this provision shall not apply to foreign na4 tional employees of the Department of Defense in the Re5 public of Turkey. 

6 SEC. 8003. No part of any appropriation contained 

7 in this Act shall remain available for obligation beyond the 

8 current fiscal year, unless expressly so provided herein. 

9 SEC. 8004. No more than 20 percent of the appropria10 tions in this Act which are limited for obligation during 

11 the current fiscal year shall be obligated during the last 2 

12 months of the fiscal year: Provided, That this section shall 

13 not apply to obligations for support of active duty training 

14 of reserve components or summer camp training of the Re15 serve Officers’ Training Corps. 

16 (TRANSFER OF FUNDS)

17 SEC. 8005. Upon determination by the Secretary of 

18 Defense that such action is necessary in the national inter19 est, he may, with the approval of the Office of Management 

20 and Budget, transfer not to exceed $4,500,000,000 of work21 ing capital funds of the Department of Defense or funds 

22 made available in this Act to the Department of Defense 

23 for military functions (except military construction) be24 tween such appropriations or funds or any subdivision 

25 thereof, to be merged with and to be available for the same 
253 

•HR 2029 EAH 

1 purposes, and for the same time period, as the appropria2 tion or fund to which transferred: Provided, That such au3 thority to transfer may not be used unless for higher pri4 ority items, based on unforeseen military requirements, 

5 than those for which originally appropriated and in no case 

6 where the item for which funds are requested has been de7 nied by the Congress: Provided further, That the Secretary 

8 of Defense shall notify the Congress promptly of all transfers 

9 made pursuant to this authority or any other authority in 

10 this Act: Provided further, That no part of the funds in 

11 this Act shall be available to prepare or present a request 

12 to the Committees on Appropriations for reprogramming 

13 of funds, unless for higher priority items, based on unfore14 seen military requirements, than those for which originally 

15 appropriated and in no case where the item for which re16 programming is requested has been denied by the Congress: 

17 Provided further, That a request for multiple 

18 reprogrammings of funds using authority provided in this 

19 section shall be made prior to June 30, 2016: Provided fur20 ther, That transfers among military personnel appropria21 tions shall not be taken into account for purposes of the 

22 limitation on the amount of funds that may be transferred 

23 under this section. 

24 SEC. 8006. (a) With regard to the list of specific pro25 grams, projects, and activities (and the dollar amounts and 
254 

•HR 2029 EAH 

1 adjustments to budget activities corresponding to such pro2 grams, projects, and activities) contained in the tables titled 

3 ‘‘Explanation of Project Level Adjustments’’ in the explana4 tory statement regarding this Act, the obligation and ex5 penditure of amounts appropriated or otherwise made 

6 available in this Act for those programs, projects, and ac7 tivities for which the amounts appropriated exceed the 

8 amounts requested are hereby required by law to be carried 

9 out in the manner provided by such tables to the same ex10 tent as if the tables were included in the text of this Act. 

11 (b) Amounts specified in the referenced tables described 

12 in subsection (a) shall not be treated as subdivisions of ap13 propriations for purposes of section 8005 of this Act: Pro14 vided, That section 8005 shall apply when transfers of the 

15 amounts described in subsection (a) occur between appro16 priation accounts. 

17 SEC. 8007. (a) Not later than 60 days after enactment 

18 of this Act, the Department of Defense shall submit a report 

19 to the congressional defense committees to establish the base20 line for application of reprogramming and transfer au21 thorities for fiscal year 2016: Provided, That the report 

22 shall include— 

23 (1) a table for each appropriation with a sepa24 rate column to display the President’s budget request, 

25 adjustments made by Congress, adjustments due to 
255 

•HR 2029 EAH 

1 enacted rescissions, if appropriate, and the fiscal year 

2 enacted level; 

3 (2) a delineation in the table for each appropria4 tion both by budget activity and program, project, 

5 and activity as detailed in the Budget Appendix; and 

6 (3) an identification of items of special congres7 sional interest. 

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

9 the funds provided in this Act shall be available for re10 programming or transfer until the report identified in sub11 section (a) is submitted to the congressional defense commit12 tees, unless the Secretary of Defense certifies in writing to 

13 the congressional defense committees that such reprogram14 ming or transfer is necessary as an emergency requirement: 

15 Provided, That this subsection shall not apply to transfers 

16 from the following appropriations accounts: 

17 (1) ‘‘Environmental Restoration, Army’’; 

18 (2) ‘‘Environmental Restoration, Navy’’; 

19 (3) ‘‘Environmental Restoration, Air Force’’; 

20 (4) ‘‘Environmental Restoration, Defense-wide’’; 

21 and 

22 (5) ‘‘Environmental Restoration, Formerly Used 

23 Defense Sites’’. 
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1 (TRANSFER OF FUNDS)

2 SEC. 8008. During the current fiscal year, cash bal3 ances in working capital funds of the Department of De4 fense established pursuant to section 2208 of title 10, United 

5 States Code, may be maintained in only such amounts as 

6 are necessary at any time for cash disbursements to be made 

7 from such funds: Provided, That transfers may be made be8 tween such funds: Provided further, That transfers may be 

9 made between working capital funds and the ‘‘Foreign Cur10 rency Fluctuations, Defense’’ appropriation and the ‘‘Oper11 ation and Maintenance’’ appropriation accounts in such 

12 amounts as may be determined by the Secretary of Defense, 

13 with the approval of the Office of Management and Budget, 

14 except that such transfers may not be made unless the Sec15 retary of Defense has notified the Congress of the proposed 

16 transfer: Provided further, That except in amounts equal 

17 to the amounts appropriated to working capital funds in 

18 this Act, no obligations may be made against a working 

19 capital fund to procure or increase the value of war reserve 

20 material inventory, unless the Secretary of Defense has no21 tified the Congress prior to any such obligation. 

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

23 be used to initiate a special access program without prior 

24 notification 30 calendar days in advance to the congres25 sional defense committees. 
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1 SEC. 8010. None of the funds provided in this Act shall 

2 be available to initiate: (1) a multiyear contract that em3 ploys economic order quantity procurement in excess of 

4 $20,000,000 in any one year of the contract or that includes 

5 an unfunded contingent liability in excess of $20,000,000; 

6 or (2) a contract for advance procurement leading to a 

7 multiyear contract that employs economic order quantity 

8 procurement in excess of $20,000,000 in any one year, un9 less the congressional defense committees have been notified 

10 at least 30 days in advance of the proposed contract award: 

11 Provided, That no part of any appropriation contained in 

12 this Act shall be available to initiate a multiyear contract 

13 for which the economic order quantity advance procurement 

14 is not funded at least to the limits of the Government’s li15 ability: Provided further, That no part of any appropria16 tion contained in this Act shall be available to initiate 

17 multiyear procurement contracts for any systems or compo18 nent thereof if the value of the multiyear contract would 

19 exceed $500,000,000 unless specifically provided in this Act: 

20 Provided further, That no multiyear procurement contract 

21 can be terminated without 30-day prior notification to the 

22 congressional defense committees: Provided further, That the 

23 execution of multiyear authority shall require the use of a 

24 present value analysis to determine lowest cost compared 

25 to an annual procurement: Provided further, That none of 
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1 the funds provided in this Act may be used for a multiyear 

2 contract executed after the date of the enactment of this Act 

3 unless in the case of any such contract— 

4 (1) the Secretary of Defense has submitted to 

5 Congress a budget request for full funding of units to 

6 be procured through the contract and, in the case of 

7 a contract for procurement of aircraft, that includes, 

8 for any aircraft unit to be procured through the con9 tract for which procurement funds are requested in 

10 that budget request for production beyond advance 

11 procurement activities in the fiscal year covered by 

12 the budget, full funding of procurement of such unit 

13 in that fiscal year; 

14 (2) cancellation provisions in the contract do not 

15 include consideration of recurring manufacturing 

16 costs of the contractor associated with the production 

17 of unfunded units to be delivered under the contract; 

18 (3) the contract provides that payments to the 

19 contractor under the contract shall not be made in 

20 advance of incurred costs on funded units; and 

21 (4) the contract does not provide for a price ad22 justment based on a failure to award a follow-on con23 tract. 

24 SEC. 8011. Within the funds appropriated for the oper25 ation and maintenance of the Armed Forces, funds are here-
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1 by appropriated pursuant to section 401 of title 10, United 

2 States Code, for humanitarian and civic assistance costs 

3 under chapter 20 of title 10, United States Code. Such funds 

4 may also be obligated for humanitarian and civic assist5 ance costs incidental to authorized operations and pursuant 

6 to authority granted in section 401 of chapter 20 of title 

7 10, United States Code, and these obligations shall be re8 ported as required by section 401(d) of title 10, United 

9 States Code: Provided, That funds available for operation 

10 and maintenance shall be available for providing humani11 tarian and similar assistance by using Civic Action Teams 

12 in the Trust Territories of the Pacific Islands and freely 

13 associated states of Micronesia, pursuant to the Compact 

14 of Free Association as authorized by Public Law 99–239: 

15 Provided further, That upon a determination by the Sec16 retary of the Army that such action is beneficial for grad17 uate medical education programs conducted at Army med18 ical facilities located in Hawaii, the Secretary of the Army 

19 may authorize the provision of medical services at such fa20 cilities and transportation to such facilities, on a nonreim21 bursable basis, for civilian patients from American Samoa, 

22 the Commonwealth of the Northern Mariana Islands, the 

23 Marshall Islands, the Federated States of Micronesia, 

24 Palau, and Guam. 
260 

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

2 personnel of the Department of Defense may not be man3 aged on the basis of any end-strength, and the management 

4 of such personnel during that fiscal year shall not be subject 

5 to any constraint or limitation (known as an end-strength) 

6 on the number of such personnel who may be employed on 

7 the last day of such fiscal year. 

8 (b) The fiscal year 2017 budget request for the Depart9 ment of Defense as well as all justification material and 

10 other documentation supporting the fiscal year 2017 De11 partment of Defense budget request shall be prepared and 

12 submitted to the Congress as if subsections (a) and (b) of 

13 this provision were effective with regard to fiscal year 2017. 

14 (c) As required by section 1107 of the National Defense 

15 Authorization Act for Fiscal Year 2014 (Public Law 113– 

16 66; 10 U.S.C. 2358 note) civilian personnel at the Depart17 ment of Army Science and Technology Reinvention Labora18 tories may not be managed on the basis of the Table of Dis19 tribution and Allowances, and the management of the work20 force strength shall be done in a manner consistent with 

21 the budget available with respect to such Laboratories. 

22 (d) Nothing in this section shall be construed to apply 

23 to military (civilian) technicians. 

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

25 Act shall be used in any way, directly or indirectly, to in-
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•HR 2029 EAH 

1 fluence congressional action on any legislation or appro2 priation matters pending before the Congress. 

3 SEC. 8014. None of the funds appropriated by this Act 

4 shall be available for the basic pay and allowances of any 

5 member of the Army participating as a full-time student 

6 and receiving benefits paid by the Secretary of Veterans Af7 fairs from the Department of Defense Education Benefits 

8 Fund when time spent as a full-time student is credited 

9 toward completion of a service commitment: Provided, That 

10 this section shall not apply to those members who have reen11 listed with this option prior to October 1, 1987: Provided 

12 further, That this section applies only to active components 

13 of the Army. 

14 (TRANSFER OF FUNDS)

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

16 for the Department of Defense Pilot Mentor-Prote ́ge ́ Pro17 gram may be transferred to any other appropriation con18 tained in this Act solely for the purpose of implementing 

19 a Mentor-Prote ́ge ́ Program developmental assistance agree20 ment pursuant to section 831 of the National Defense Au21 thorization Act for Fiscal Year 1991 (Public Law 101–510; 

22 10 U.S.C. 2302 note), as amended, under the authority of 

23 this provision or any other transfer authority contained in 

24 this Act. 
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•HR 2029 EAH 

1 SEC. 8016. None of the funds in this Act may be avail2 able for the purchase by the Department of Defense (and 

3 its departments and agencies) of welded shipboard anchor 

4 and mooring chain 4 inches in diameter and under unless 

5 the anchor and mooring chain are manufactured in the 

6 United States from components which are substantially 

7 manufactured in the United States: Provided, That for the 

8 purpose of this section, the term ‘‘manufactured’’ shall in9 clude cutting, heat treating, quality control, testing of chain 

10 and welding (including the forging and shot blasting proc11 ess): Provided further, That for the purpose of this section 

12 substantially all of the components of anchor and mooring 

13 chain shall be considered to be produced or manufactured 

14 in the United States if the aggregate cost of the components 

15 produced or manufactured in the United States exceeds the 

16 aggregate cost of the components produced or manufactured 

17 outside the United States: Provided further, That when ade18 quate domestic supplies are not available to meet Depart19 ment of Defense requirements on a timely basis, the Sec20 retary of the service responsible for the procurement may 

21 waive this restriction on a case-by-case basis by certifying 

22 in writing to the Committees on Appropriations that such 

23 an acquisition must be made in order to acquire capability 

24 for national security purposes. 
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1 SEC. 8017. Of the amounts appropriated for ‘‘Working 

2 Capital Fund, Army’’, $145,000,000 shall be available to 

3 maintain competitive rates at the arsenals. 

4 SEC. 8018. None of the funds available to the Depart5 ment of Defense may be used to demilitarize or dispose of 

6 M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber 

7 rifles, .30 caliber rifles, or M–1911 pistols, or to demili8 tarize or destroy small arms ammunition or ammunition 

9 components that are not otherwise prohibited from commer10 cial sale under Federal law, unless the small arms ammuni11 tion or ammunition components are certified by the Sec12 retary of the Army or designee as unserviceable or unsafe 

13 for further use. 

14 SEC. 8019. No more than $500,000 of the funds appro15 priated or made available in this Act shall be used during 

16 a single fiscal year for any single relocation of an organiza17 tion, unit, activity or function of the Department of Defense 

18 into or within the National Capital Region: Provided, That 

19 the Secretary of Defense may waive this restriction on a 

20 case-by-case basis by certifying in writing to the congres21 sional defense committees that such a relocation is required 

22 in the best interest of the Government. 

23 SEC. 8020. Of the funds made available in this Act, 

24 $15,000,000 shall be available for incentive payments au25 thorized by section 504 of the Indian Financing Act of 1974 
264 

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1 (25 U.S.C. 1544): Provided, That a prime contractor or a 

2 subcontractor at any tier that makes a subcontract award 

3 to any subcontractor or supplier as defined in section 1544 

4 of title 25, United States Code, or a small business owned 

5 and controlled by an individual or individuals defined 

6 under section 4221(9) of title 25, United States Code, shall 

7 be considered a contractor for the purposes of being allowed 

8 additional compensation under section 504 of the Indian 

9 Financing Act of 1974 (25 U.S.C. 1544) whenever the 

10 prime contract or subcontract amount is over $500,000 and 

11 involves the expenditure of funds appropriated by an Act 

12 making appropriations for the Department of Defense with 

13 respect to any fiscal year: Provided further, That notwith14 standing section 1906 of title 41, United States Code, this 

15 section shall be applicable to any Department of Defense 

16 acquisition of supplies or services, including any contract 

17 and any subcontract at any tier for acquisition of commer18 cial items produced or manufactured, in whole or in part, 

19 by any subcontractor or supplier defined in section 1544 

20 of title 25, United States Code, or a small business owned 

21 and controlled by an individual or individuals defined 

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

23 SEC. 8021. Funds appropriated by this Act for the De24 fense Media Activity shall not be used for any national or 

25 international political or psychological activities. 
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1 SEC. 8022. During the current fiscal year, the Depart2 ment of Defense is authorized to incur obligations of not 

3 to exceed $350,000,000 for purposes specified in section 

4 2350j(c) of title 10, United States Code, in anticipation of 

5 receipt of contributions, only from the Government of Ku6 wait, under that section: Provided, That, upon receipt, such 

7 contributions from the Government of Kuwait shall be cred8 ited to the appropriations or fund which incurred such obli9 gations. 

10 SEC. 8023. (a) Of the funds made available in this 

11 Act, not less than $39,500,000 shall be available for the 

12 Civil Air Patrol Corporation, of which— 

13 (1) $27,400,000 shall be available from ‘‘Oper14 ation and Maintenance, Air Force’’ to support Civil 

15 Air Patrol Corporation operation and maintenance, 

16 readiness, counter-drug activities, and drug demand 

17 reduction activities involving youth programs; 

18 (2) $10,400,000 shall be available from ‘‘Aircraft 

19 Procurement, Air Force’’; and 

20 (3) $1,700,000 shall be available from ‘‘Other 

21 Procurement, Air Force’’ for vehicle procurement. 

22 (b) The Secretary of the Air Force should waive reim23 bursement for any funds used by the Civil Air Patrol for 

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

25 local government agencies. 
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•HR 2029 EAH 

1 SEC. 8024. (a) None of the funds appropriated in this 

2 Act are available to establish a new Department of Defense 

3 (department) federally funded research and development 

4 center (FFRDC), either as a new entity, or as a separate 

5 entity administrated by an organization managing another 

6 FFRDC, or as a nonprofit membership corporation con7 sisting of a consortium of other FFRDCs and other non8 profit entities. 

9 (b) No member of a Board of Directors, Trustees, Over10 seers, Advisory Group, Special Issues Panel, Visiting Com11 mittee, or any similar entity of a defense FFRDC, and no 

12 paid consultant to any defense FFRDC, except when acting 

13 in a technical advisory capacity, may be compensated for 

14 his or her services as a member of such entity, or as a paid 

15 consultant by more than one FFRDC in a fiscal year: Pro16 vided, That a member of any such entity referred to pre17 viously in this subsection shall be allowed travel expenses 

18 and per diem as authorized under the Federal Joint Travel 

19 Regulations, when engaged in the performance of member20 ship duties. 

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

22 of the funds available to the department from any source 

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

24 through a fee or other payment mechanism, for construction 

25 of new buildings, for payment of cost sharing for projects 
267 

•HR 2029 EAH 

1 funded by Government grants, for absorption of contract 

2 overruns, or for certain charitable contributions, not to in3 clude employee participation in community service and/or 

4 development: Provided, That up to 1 percent of funds pro5 vided in this Act for support of defense FFRDCs may be 

6 used for planning and design of scientific or engineering 

7 facilities: Provided further, That the Secretary of Defense 

8 shall notify the congressional defense committees 15 days 

9 in advance of exercising the authority in the previous pro10 viso. 

11 (d) Notwithstanding any other provision of law, of the 

12 funds available to the department during fiscal year 2016, 

13 not more than 5,750 staff years of technical effort (staff 

14 years) may be funded for defense FFRDCs: Provided, That, 

15 of the specific amount referred to previously in this sub16 section, not more than 1,125 staff years may be funded for 

17 the defense studies and analysis FFRDCs: Provided further, 

18 That this subsection shall not apply to staff years funded 

19 in the National Intelligence Program (NIP) and the Mili20 tary Intelligence Program (MIP). 

21 (e) The Secretary of Defense shall, with the submission 

22 of the department’s fiscal year 2017 budget request, submit 

23 a report presenting the specific amounts of staff years of 

24 technical effort to be allocated for each defense FFRDC dur25 ing that fiscal year and the associated budget estimates. 
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•HR 2029 EAH 

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

2 the total amount appropriated in this Act for FFRDCs is 

3 hereby reduced by $65,000,000. 

4 SEC. 8025. None of the funds appropriated or made 

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

6 or armor steel plate for use in any Government-owned facil7 ity or property under the control of the Department of De8 fense which were not melted and rolled in the United States 

9 or Canada: Provided, That these procurement restrictions 

10 shall apply to any and all Federal Supply Class 9515, 

11 American Society of Testing and Materials (ASTM) or 

12 American Iron and Steel Institute (AISI) specifications of 

13 carbon, alloy or armor steel plate: Provided further, That 

14 the Secretary of the military department responsible for the 

15 procurement may waive this restriction on a case-by-case 

16 basis by certifying in writing to the Committees on Appro17 priations of the House of Representatives and the Senate 

18 that adequate domestic supplies are not available to meet 

19 Department of Defense requirements on a timely basis and 

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

21 capability for national security purposes: Provided further, 

22 That these restrictions shall not apply to contracts which 

23 are in being as of the date of the enactment of this Act. 

24 SEC. 8026. For the purposes of this Act, the term ‘‘con25 gressional defense committees’’ means the Armed Services 
269 

•HR 2029 EAH 

1 Committee of the House of Representatives, the Armed Serv2 ices Committee of the Senate, the Subcommittee on Defense 

3 of the Committee on Appropriations of the Senate, and the 

4 Subcommittee on Defense of the Committee on Appropria5 tions of the House of Representatives. 

6 SEC. 8027. During the current fiscal year, the Depart7 ment of Defense may acquire the modification, depot main8 tenance and repair of aircraft, vehicles and vessels as well 

9 as the production of components and other Defense-related 

10 articles, through competition between Department of De11 fense depot maintenance activities and private firms: Pro12 vided, That the Senior Acquisition Executive of the military 

13 department or Defense Agency concerned, with power of del14 egation, shall certify that successful bids include comparable 

15 estimates of all direct and indirect costs for both public and 

16 private bids: Provided further, That Office of Management 

17 and Budget Circular A–76 shall not apply to competitions 

18 conducted under this section. 

19 SEC. 8028. (a)(1) If the Secretary of Defense, after con20 sultation with the United States Trade Representative, de21 termines that a foreign country which is party to an agree22 ment described in paragraph (2) has violated the terms of 

23 the agreement by discriminating against certain types of 

24 products produced in the United States that are covered by 

25 the agreement, the Secretary of Defense shall rescind the 
270 

•HR 2029 EAH 

1 Secretary’s blanket waiver of the Buy American Act with 

2 respect to such types of products produced in that foreign 

3 country. 

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

5 reciprocal defense procurement memorandum of under6 standing, between the United States and a foreign country 

7 pursuant to which the Secretary of Defense has prospec8 tively waived the Buy American Act for certain products 

9 in that country. 

10 (b) The Secretary of Defense shall submit to the Con11 gress a report on the amount of Department of Defense pur12 chases from foreign entities in fiscal year 2016. Such report 

13 shall separately indicate the dollar value of items for which 

14 the Buy American Act was waived pursuant to any agree15 ment described in subsection (a)(2), the Trade Agreement 

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

17 agreement to which the United States is a party. 

18 (c) For purposes of this section, the term ‘‘Buy Amer19 ican Act’’ means chapter 83 of title 41, United States Code. 

20 SEC. 8029. During the current fiscal year, amounts 

21 contained in the Department of Defense Overseas Military 

22 Facility Investment Recovery Account established by section 

23 2921(c)(1) of the National Defense Authorization Act of 

24 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be 
271 

•HR 2029 EAH 

1 available until expended for the payments specified by sec2 tion 2921(c)(2) of that Act. 

3 SEC. 8030. (a) Notwithstanding any other provision 

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

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

6 tribes located in the States of Nevada, Idaho, North Dakota, 

7 South Dakota, Montana, Oregon, Minnesota, and Wash8 ington relocatable military housing units located at Grand 

9 Forks Air Force Base, Malmstrom Air Force Base, Moun10 tain Home Air Force Base, Ellsworth Air Force Base, and 

11 Minot Air Force Base that are excess to the needs of the 

12 Air Force. 

13 (b) The Secretary of the Air Force shall convey, at no 

14 cost to the Air Force, military housing units under sub15 section (a) in accordance with the request for such units 

16 that are submitted to the Secretary by the Operation Walk17 ing Shield Program on behalf of Indian tribes located in 

18 the States of Nevada, Idaho, North Dakota, South Dakota, 

19 Montana, Oregon, Minnesota, and Washington. Any such 

20 conveyance shall be subject to the condition that the housing 

21 units shall be removed within a reasonable period of time, 

22 as determined by the Secretary. 

23 (c) The Operation Walking Shield Program shall re24 solve any conflicts among requests of Indian tribes for hous-
272 

•HR 2029 EAH 

1 ing units under subsection (a) before submitting requests 

2 to the Secretary of the Air Force under subsection (b). 

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

4 recognized Indian tribe included on the current list pub5 lished by the Secretary of the Interior under section 104 

6 of the Federally Recognized Indian Tribe Act of 1994 (Pub7 lic Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). 

8 SEC. 8031. During the current fiscal year, appropria9 tions which are available to the Department of Defense for 

10 operation and maintenance may be used to purchase items 

11 having an investment item unit cost of not more than 

12 $250,000. 

13 SEC. 8032. None of the funds made available by this 

14 Act may be used to— 

15 (1) disestablish, or prepare to disestablish, a 

16 Senior Reserve Officers’ Training Corps program in 

17 accordance with Department of Defense Instruction 

18 Number 1215.08, dated June 26, 2006; or 

19 (2) close, downgrade from host to extension cen20 ter, or place on probation a Senior Reserve Officers’ 

21 Training Corps program in accordance with the in22 formation paper of the Department of the Army titled 

23 ‘‘Army Senior Reserve Officers’ Training Corps 

24 (SROTC) Program Review and Criteria’’, dated Jan25 uary 27, 2014. 
273 

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1 SEC. 8033. The Secretary of Defense shall issue regula2 tions to prohibit the sale of any tobacco or tobacco-related 

3 products in military resale outlets in the United States, its 

4 territories and possessions at a price below the most com5 petitive price in the local community: Provided, That such 

6 regulations shall direct that the prices of tobacco or tobacco7 related products in overseas military retail outlets shall be 

8 within the range of prices established for military retail 

9 system stores located in the United States. 

10 SEC. 8034. (a) During the current fiscal year, none 

11 of the appropriations or funds available to the Department 

12 of Defense Working Capital Funds shall be used for the pur13 chase of an investment item for the purpose of acquiring 

14 a new inventory item for sale or anticipated sale during 

15 the current fiscal year or a subsequent fiscal year to cus16 tomers of the Department of Defense Working Capital 

17 Funds if such an item would not have been chargeable to 

18 the Department of Defense Business Operations Fund dur19 ing fiscal year 1994 and if the purchase of such an invest20 ment item would be chargeable during the current fiscal 

21 year to appropriations made to the Department of Defense 

22 for procurement. 

23 (b) The fiscal year 2017 budget request for the Depart24 ment of Defense as well as all justification material and 

25 other documentation supporting the fiscal year 2017 De-
274 

•HR 2029 EAH 

1 partment of Defense budget shall be prepared and submitted 

2 to the Congress on the basis that any equipment which was 

3 classified as an end item and funded in a procurement ap4 propriation contained in this Act shall be budgeted for in 

5 a proposed fiscal year 2017 procurement appropriation and 

6 not in the supply management business area or any other 

7 area or category of the Department of Defense Working 

8 Capital Funds. 

9 SEC. 8035. None of the funds appropriated by this Act 

10 for programs of the Central Intelligence Agency shall re11 main available for obligation beyond the current fiscal year, 

12 except for funds appropriated for the Reserve for Contin13 gencies, which shall remain available until September 30, 

14 2017: Provided, That funds appropriated, transferred, or 

15 otherwise credited to the Central Intelligence Agency Cen16 tral Services Working Capital Fund during this or any 

17 prior or subsequent fiscal year shall remain available until 

18 expended: Provided further, That any funds appropriated 

19 or transferred to the Central Intelligence Agency for ad20 vanced research and development acquisition, for agent op21 erations, and for covert action programs authorized by the 

22 President under section 503 of the National Security Act 

23 of 1947 (50 U.S.C. 3093) shall remain available until Sep24 tember 30, 2017. 
275 

•HR 2029 EAH 

1 SEC. 8036. Notwithstanding any other provision of 

2 law, funds made available in this Act for the Defense Intel3 ligence Agency may be used for the design, development, and 

4 deployment of General Defense Intelligence Program intel5 ligence communications and intelligence information sys6 tems for the Services, the Unified and Specified Commands, 

7 and the component commands. 

8 SEC. 8037. Of the funds appropriated to the Depart9 ment of Defense under the heading ‘‘Operation and Mainte10 nance, Defense-Wide’’, not less than $12,000,000 shall be 

11 made available only for the mitigation of environmental 

12 impacts, including training and technical assistance to 

13 tribes, related administrative support, the gathering of in14 formation, documenting of environmental damage, and de15 veloping a system for prioritization of mitigation and cost 

16 to complete estimates for mitigation, on Indian lands re17 sulting from Department of Defense activities. 

18 SEC. 8038. (a) None of the funds appropriated in this 

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

20 Defense unless the entity, in expending the funds, complies 

21 with the Buy American Act. For purposes of this subsection, 

22 the term ‘‘Buy American Act’’ means chapter 83 of title 

23 41, United States Code. 

24 (b) If the Secretary of Defense determines that a person 

25 has been convicted of intentionally affixing a label bearing 
276 

•HR 2029 EAH 

1 a ‘‘Made in America’’ inscription to any product sold in 

2 or shipped to the United States that is not made in Amer3 ica, the Secretary shall determine, in accordance with sec4 tion 2410f of title 10, United States Code, whether the per5 son should be debarred from contracting with the Depart6 ment of Defense. 

7 (c) In the case of any equipment or products purchased 

8 with appropriations provided under this Act, it is the sense 

9 of the Congress that any entity of the Department of De10 fense, in expending the appropriation, purchase only Amer11 ican-made equipment and products, provided that Amer12 ican-made equipment and products are cost-competitive, 

13 quality competitive, and available in a timely fashion. 

14 SEC. 8039. None of the funds appropriated by this Act 

15 and hereafter shall be available for a contract for studies, 

16 analysis, or consulting services entered into without com17 petition on the basis of an unsolicited proposal unless the 

18 head of the activity responsible for the procurement deter19 mines— 

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

21 only one source is found fully qualified to perform the 

22 proposed work; 

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

24 unsolicited proposal which offers significant scientific 

25 or technological promise, represents the product of 
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•HR 2029 EAH 

1 original thinking, and was submitted in confidence 

2 by one source; or 

3 (3) the purpose of the contract is to take advan4 tage of unique and significant industrial accomplish5 ment by a specific concern, or to insure that a new 

6 product or idea of a specific concern is given finan7 cial support: Provided, That this limitation shall not 

8 apply to contracts in an amount of less than $25,000, 

9 contracts related to improvements of equipment that 

10 is in development or production, or contracts as to 

11 which a civilian official of the Department of Defense, 

12 who has been confirmed by the Senate, determines 

13 that the award of such contract is in the interest of 

14 the national defense. 

15 SEC. 8040. (a) Except as provided in subsections (b) 

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

17 be used— 

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

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

20 Armed Forces or civilian employee of the department 

21 who is transferred or reassigned from a headquarters 

22 activity if the member or employee’s place of duty re23 mains at the location of that headquarters. 

24 (b) The Secretary of Defense or Secretary of a military 

25 department may waive the limitations in subsection (a), 
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•HR 2029 EAH 

1 on a case-by-case basis, if the Secretary determines, and cer2 tifies to the Committees on Appropriations of the House of 

3 Representatives and the Senate that the granting of the 

4 waiver will reduce the personnel requirements or the finan5 cial requirements of the department. 

6 (c) This section does not apply to— 

7 (1) field operating agencies funded within the 

8 National Intelligence Program; 

9 (2) an Army field operating agency established 

10 to eliminate, mitigate, or counter the effects of impro11 vised explosive devices, and, as determined by the Sec12 retary of the Army, other similar threats; 

13 (3) an Army field operating agency established 

14 to improve the effectiveness and efficiencies of biomet15 ric activities and to integrate common biometric tech16 nologies throughout the Department of Defense; or 

17 (4) an Air Force field operating agency estab18 lished to administer the Air Force Mortuary Affairs 

19 Program and Mortuary Operations for the Depart20 ment of Defense and authorized Federal entities. 

21 SEC. 8041. (a) None of the funds appropriated by this 

22 Act shall be available to convert to contractor performance 

23 an activity or function of the Department of Defense that, 

24 on or after the date of the enactment of this Act, is per-
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1 formed by Department of Defense civilian employees un2 less— 

3 (1) the conversion is based on the result of a pub4 lic-private competition that includes a most efficient 

5 and cost effective organization plan developed by such 

6 activity or function; 

7 (2) the Competitive Sourcing Official determines 

8 that, over all performance periods stated in the solici9 tation of offers for performance of the activity or 

10 function, the cost of performance of the activity or 

11 function by a contractor would be less costly to the 

12 Department of Defense by an amount that equals or 

13 exceeds the lesser of— 

14 (A) 10 percent of the most efficient organi15 zation’s personnel-related costs for performance 

16 of that activity or function by Federal employ17 ees; or 

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

19 (3) the contractor does not receive an advantage 

20 for a proposal that would reduce costs for the Depart21 ment of Defense by— 

22 (A) not making an employer-sponsored 

23 health insurance plan available to the workers 

24 who are to be employed in the performance of 

25 that activity or function under the contract; or 
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1 (B) offering to such workers an employer2 sponsored health benefits plan that requires the 

3 employer to contribute less towards the premium 

4 or subscription share than the amount that is 

5 paid by the Department of Defense for health 

6 benefits for civilian employees under chapter 89 

7 of title 5, United States Code. 

8 (b)(1) The Department of Defense, without regard to 

9 subsection (a) of this section or subsection (a), (b), or (c) 

10 of section 2461 of title 10, United States Code, and notwith11 standing any administrative regulation, requirement, or 

12 policy to the contrary shall have full authority to enter into 

13 a contract for the performance of any commercial or indus14 trial type function of the Department of Defense that— 

15 (A) is included on the procurement list estab16 lished pursuant to section 2 of the Javits-Wagner17 O’Day Act (section 8503 of title 41, United States 

18 Code); 

19 (B) is planned to be converted to performance by 

20 a qualified nonprofit agency for the blind or by a 

21 qualified nonprofit agency for other severely handi22 capped individuals in accordance with that Act; or 

23 (C) is planned to be converted to performance by 

24 a qualified firm under at least 51 percent ownership 

25 by an Indian tribe, as defined in section 4(e) of the 
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1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 450b(e)), or a Native Hawaiian Orga3 nization, as defined in section 8(a)(15) of the Small 

4 Business Act (15 U.S.C. 637(a)(15)). 

5 (2) This section shall not apply to depot contracts or 

6 contracts for depot maintenance as provided in sections 

7 2469 and 2474 of title 10, United States Code. 

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

9 Department of Defense under the authority provided by this 

10 section shall be credited toward any competitive or out11 sourcing goal, target, or measurement that may be estab12 lished by statute, regulation, or policy and is deemed to 

13 be awarded under the authority of, and in compliance with, 

14 subsection (h) of section 2304 of title 10, United States 

15 Code, for the competition or outsourcing of commercial ac16 tivities. 

17 (RESCISSIONS)

18 SEC. 8042. Of the funds appropriated in Department 

19 of Defense Appropriations Acts, the following funds are 

20 hereby rescinded from the following accounts and programs 

21 in the specified amounts: Provided, That no amounts may 

22 be rescinded from amounts that were designated by the Con23 gress for Overseas Contingency Operations/Global War on 

24 Terrorism or as an emergency requirement pursuant to the 
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1 Concurrent Resolution on the Budget or the Balanced Budg2 et and Emergency Deficit Control Act of 1985, as amended: 

3 ‘‘Cooperative Threat Reduction Account’’, 2014/ 

4 2016, $15,000,000; 

5 ‘‘Aircraft Procurement, Army’’, 2014/2016, 

6 $9,295,000; 

7 ‘‘Other Procurement, Army’’, 2014/2016, 

8 $40,000,000; 

9 ‘‘Aircraft Procurement, Navy’’, 2014/2016, 

10 $53,415,000; 

11 ‘‘Weapons Procurement, Navy’’, 2014/2016, 

12 $888,000; 

13 ‘‘Aircraft Procurement, Air Force’’, 2014/2016, 

14 $2,300,000; 

15 ‘‘Procurement of Ammunition, Air Force’’, 2014/ 

16 2016, $6,300,000; 

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

18 $90,000,000; 

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

20 $25,000,000; 

21 ‘‘Procurement of Weapons and Tracked Combat 

22 Vehicles, Army’’, 2015/2017, $7,500,000; 

23 ‘‘Other Procurement, Army’’, 2015/2017, 

24 $30,000,000; 
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1 ‘‘Aircraft Procurement, Navy’’, 2015/2017, 

2 $11,702,000; 

3 ‘‘Weapons Procurement, Navy’’, 2015/2017, 

4 $15,422,000; 

5 ‘‘Procurement of Ammunition, Navy and Marine 

6 Corps’’, 2015/2017, $8,906,000; 

7 ‘‘Procurement, Marine Corps’’, 2015/2017, 

8 $66,477,000; 

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

10 $199,046,000; 

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

12 $212,000,000; 

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

14 $17,000,000; 

15 ‘‘Research, Development, Test and Evaluation, 

16 Army’’, 2015/2016, $9,299,000; 

17 ‘‘Research, Development, Test and Evaluation, 

18 Navy’’, 2015/2016, $228,387,000; 

19 ‘‘Research, Development, Test and Evaluation, 

20 Air Force’’, 2015/2016, $718,500,000; and 

21 ‘‘Research, Development, Test and Evaluation, 

22 Defense-Wide’’, 2015/2016, $2,500,000. 

23 SEC. 8043. None of the funds available in this Act may 

24 be used to reduce the authorized positions for military tech25 nicians (dual status) of the Army National Guard, Air Na-
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1 tional Guard, Army Reserve and Air Force Reserve for the 

2 purpose of applying any administratively imposed civilian 

3 personnel ceiling, freeze, or reduction on military techni4 cians (dual status), unless such reductions are a direct re5 sult of a reduction in military force structure. 

6 SEC. 8044. None of the funds appropriated or other7 wise made available in this Act may be obligated or ex8 pended for assistance to the Democratic People’s Republic 

9 of Korea unless specifically appropriated for that purpose. 

10 SEC. 8045. Funds appropriated in this Act for oper11 ation and maintenance of the Military Departments, Com12 batant Commands and Defense Agencies shall be available 

13 for reimbursement of pay, allowances and other expenses 

14 which would otherwise be incurred against appropriations 

15 for the National Guard and Reserve when members of the 

16 National Guard and Reserve provide intelligence or coun17 terintelligence support to Combatant Commands, Defense 

18 Agencies and Joint Intelligence Activities, including the ac19 tivities and programs included within the National Intel20 ligence Program and the Military Intelligence Program: 

21 Provided, That nothing in this section authorizes deviation 

22 from established Reserve and National Guard personnel and 

23 training procedures. 

24 SEC. 8046. (a) None of the funds available to the De25 partment of Defense for any fiscal year for drug interdic-
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1 tion or counter-drug activities may be transferred to any 

2 other department or agency of the United States except as 

3 specifically provided in an appropriations law. 

4 (b) None of the funds available to the Central Intel5 ligence Agency for any fiscal year for drug interdiction or 

6 counter-drug activities may be transferred to any other de7 partment or agency of the United States except as specifi8 cally provided in an appropriations law. 

9 SEC. 8047. None of the funds appropriated by this Act 

10 may be used for the procurement of ball and roller bearings 

11 other than those produced by a domestic source and of do12 mestic origin: Provided, That the Secretary of the military 

13 department responsible for such procurement may waive 

14 this restriction on a case-by-case basis by certifying in writ15 ing to the Committees on Appropriations of the House of 

16 Representatives and the Senate, that adequate domestic 

17 supplies are not available to meet Department of Defense 

18 requirements on a timely basis and that such an acquisition 

19 must be made in order to acquire capability for national 

20 security purposes: Provided further, That this restriction 

21 shall not apply to the purchase of ‘‘commercial items’’, as 

22 defined by section 103 of title 41, United States Code, except 

23 that the restriction shall apply to ball or roller bearings 

24 purchased as end items. 
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1 SEC. 8048. None of the funds made available by this 

2 Act for Evolved Expendable Launch Vehicle service competi3 tive procurements may be used unless the competitive pro4 curements are open for award to all certified providers of 

5 Evolved Expendable Launch Vehicle-class systems: Pro6 vided, That the award shall be made to the provider that 

7 offers the best value to the government: Provided further, 

8 That notwithstanding any other provision of law, award 

9 may be made to a launch service provider competing with 

10 any certified launch vehicle in its inventory regardless of 

11 the country of origin of the rocket engine that will be used 

12 on its launch vehicle, in order to ensure robust competition 

13 and continued assured access to space. 

14 SEC. 8049. In addition to the amounts appropriated 

15 or otherwise made available elsewhere in this Act, 

16 $44,000,000 is hereby appropriated to the Department of 

17 Defense: Provided, That upon the determination of the Sec18 retary of Defense that it shall serve the national interest, 

19 the Secretary shall make grants in the amounts specified 

20 as follows: $20,000,000 to the United Service Organizations 

21 and $24,000,000 to the Red Cross. 

22 SEC. 8050. None of the funds in this Act may be used 

23 to purchase any supercomputer which is not manufactured 

24 in the United States, unless the Secretary of Defense cer25 tifies to the congressional defense committees that such an 
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1 acquisition must be made in order to acquire capability for 

2 national security purposes that is not available from 

3 United States manufacturers. 

4 SEC. 8051. Notwithstanding any other provision in 

5 this Act, the Small Business Innovation Research program 

6 and the Small Business Technology Transfer program set7 asides shall be taken proportionally from all programs, 

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

9 extramural budget. 

10 SEC. 8052. None of the funds available to the Depart11 ment of Defense under this Act shall be obligated or ex12 pended to pay a contractor under a contract with the De13 partment of Defense for costs of any amount paid by the 

14 contractor to an employee when— 

15 (1) such costs are for a bonus or otherwise in ex16 cess of the normal salary paid by the contractor to the 

17 employee; and 

18 (2) such bonus is part of restructuring costs asso19 ciated with a business combination. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8053. During the current fiscal year, no more 

22 than $30,000,000 of appropriations made in this Act under 

23 the heading ‘‘Operation and Maintenance, Defense-Wide’’ 

24 may be transferred to appropriations available for the pay 

25 of military personnel, to be merged with, and to be available 
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1 for the same time period as the appropriations to which 

2 transferred, to be used in support of such personnel in con3 nection with support and services for eligible organizations 

4 and activities outside the Department of Defense pursuant 

5 to section 2012 of title 10, United States Code. 

6 SEC. 8054. During the current fiscal year, in the case 

7 of an appropriation account of the Department of Defense 

8 for which the period of availability for obligation has ex9 pired or which has closed under the provisions of section 

10 1552 of title 31, United States Code, and which has a nega11 tive unliquidated or unexpended balance, an obligation or 

12 an adjustment of an obligation may be charged to any cur13 rent appropriation account for the same purpose as the ex14 pired or closed account if— 

15 (1) the obligation would have been properly 

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

17 closed account before the end of the period of avail18 ability or closing of that account; 

19 (2) the obligation is not otherwise properly 

20 chargeable to any current appropriation account of 

21 the Department of Defense; and 

22 (3) in the case of an expired account, the obliga23 tion is not chargeable to a current appropriation of 

24 the Department of Defense under the provisions of sec25 tion 1405(b)(8) of the National Defense Authorization 
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1 Act for Fiscal Year 1991, Public Law 101–510, as 

2 amended (31 U.S.C. 1551 note): Provided, That in 

3 the case of an expired account, if subsequent review 

4 or investigation discloses that there was not in fact a 

5 negative unliquidated or unexpended balance in the 

6 account, any charge to a current account under the 

7 authority of this section shall be reversed and re8 corded against the expired account: Provided further, 

9 That the total amount charged to a current appro10 priation under this section may not exceed an 

11 amount equal to 1 percent of the total appropriation 

12 for that account. 

13 SEC. 8055. (a) Notwithstanding any other provision 

14 of law, the Chief of the National Guard Bureau may permit 

15 the use of equipment of the National Guard Distance Learn16 ing Project by any person or entity on a space-available, 

17 reimbursable basis. The Chief of the National Guard Bu18 reau shall establish the amount of reimbursement for such 

19 use on a case-by-case basis. 

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

21 credited to funds available for the National Guard Distance 

22 Learning Project and be available to defray the costs associ23 ated with the use of equipment of the project under that 

24 subsection. Such funds shall be available for such purposes 

25 without fiscal year limitation. 
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1 SEC. 8056. None of the funds available to the Depart2 ment of Defense may be obligated to modify command and 

3 control relationships to give Fleet Forces Command oper4 ational and administrative control of United States Navy 

5 forces assigned to the Pacific fleet: Provided, That the com6 mand and control relationships which existed on October 

7 1, 2004, shall remain in force unless changes are specifically 

8 authorized in a subsequent Act: Provided further, That this 

9 section does not apply to administrative control of Navy 

10 Air and Missile Defense Command. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 8057. Of the funds appropriated in this Act 

13 under the heading ‘‘Operation and Maintenance, Defense14 wide’’, $25,000,000 shall be for continued implementation 

15 and expansion of the Sexual Assault Special Victims’ Coun16 sel Program: Provided, That the funds are made available 

17 for transfer to the Department of the Army, the Department 

18 of the Navy, and the Department of the Air Force: Provided 

19 further, That funds transferred shall be merged with and 

20 available for the same purposes and for the same time pe21 riod as the appropriations to which the funds are trans22 ferred: Provided further, That this transfer authority is in 

23 addition to any other transfer authority provided in this 

24 Act. 
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1 SEC. 8058. None of the funds appropriated in title IV 

2 of this Act may be used to procure end-items for delivery 

3 to military forces for operational training, operational use 

4 or inventory requirements: Provided, That this restriction 

5 does not apply to end-items used in development, proto6 typing, and test activities preceding and leading to accept7 ance for operational use: Provided further, That this restric8 tion does not apply to programs funded within the National 

9 Intelligence Program: Provided further, That the Secretary 

10 of Defense may waive this restriction on a case-by-case basis 

11 by certifying in writing to the Committees on Appropria12 tions of the House of Representatives and the Senate that 

13 it is in the national security interest to do so. 

14 SEC. 8059. (a) The Secretary of Defense may, on a 

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

16 each limitation on the procurement of defense items from 

17 foreign sources provided in law if the Secretary determines 

18 that the application of the limitation with respect to that 

19 country would invalidate cooperative programs entered into 

20 between the Department of Defense and the foreign country, 

21 or would invalidate reciprocal trade agreements for the pro22 curement of defense items entered into under section 2531 

23 of title 10, United States Code, and the country does not 

24 discriminate against the same or similar defense items pro25 duced in the United States for that country. 
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1 (b) Subsection (a) applies with respect to— 

2 (1) contracts and subcontracts entered into on or 

3 after the date of the enactment of this Act; and 

4 (2) options for the procurement of items that are 

5 exercised after such date under contracts that are en6 tered into before such date if the option prices are ad7 justed for any reason other than the application of a 

8 waiver granted under subsection (a). 

9 (c) Subsection (a) does not apply to a limitation re10 garding construction of public vessels, ball and roller bear11 ings, food, and clothing or textile materials as defined by 

12 section XI (chapters 50–65) of the Harmonized Tariff 

13 Schedule of the United States and products classified under 

14 headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 

15 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

17 SEC. 8060. Notwithstanding any other provision of 

18 law, none of the funds appropriated or otherwise made 

19 available by this or any other Act may be used to consoli20 date or relocate any element of a United States Air Force 

21 Rapid Engineer Deployable Heavy Operational Repair 

22 Squadron Engineer (RED HORSE) outside of the United 

23 States until the Secretary of the Air Force— 

24 (1) completes an analysis and comparison of the 

25 cost and infrastructure investment required to con-
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1 solidate or relocate a RED HORSE squadron outside 

2 of the United States versus within the United States; 

3 (2) provides to the congressional defense commit4 tees a report detailing the findings of the cost anal5 ysis; and 

6 (3) certifies in writing to the congressional de7 fense committees that the preferred site for the consoli8 dation or relocation yields the greatest savings for the 

9 Air Force: 

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

11 does not include any territory or possession of the United 

12 States. 

13 SEC. 8061. None of the funds appropriated or other14 wise made available by this or other Department of Defense 

15 Appropriations Acts may be obligated or expended for the 

16 purpose of performing repairs or maintenance to military 

17 family housing units of the Department of Defense, includ18 ing areas in such military family housing units that may 

19 be used for the purpose of conducting official Department 

20 of Defense business. 

21 SEC. 8062. Notwithstanding any other provision of 

22 law, funds appropriated in this Act under the heading ‘‘Re23 search, Development, Test and Evaluation, Defense-Wide’’ 

24 for any new start advanced concept technology demonstra25 tion project or joint capability demonstration project may 
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1 only be obligated 45 days after a report, including a de2 scription of the project, the planned acquisition and transi3 tion strategy and its estimated annual and total cost, has 

4 been provided in writing to the congressional defense com5 mittees: Provided, That the Secretary of Defense may waive 

6 this restriction on a case-by-case basis by certifying to the 

7 congressional defense committees that it is in the national 

8 interest to do so. 

9 SEC. 8063. The Secretary of Defense shall continue to 

10 provide a classified quarterly report to the House and Sen11 ate Appropriations Committees, Subcommittees on Defense 

12 on certain matters as directed in the classified annex ac13 companying this Act. 

14 SEC. 8064. Notwithstanding section 12310(b) of title 

15 10, United States Code, a Reserve who is a member of the 

16 National Guard serving on full-time National Guard duty 

17 under section 502(f) of title 32, United States Code, may 

18 perform duties in support of the ground-based elements of 

19 the National Ballistic Missile Defense System. 

20 SEC. 8065. None of the funds provided in this Act may 

21 be used to transfer to any nongovernmental entity ammuni22 tion held by the Department of Defense that has a center23 fire cartridge and a United States military nomenclature 

24 designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, 

25 ‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in-
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1 cendiary tracer (API–T)’’, except to an entity performing 

2 demilitarization services for the Department of Defense 

3 under a contract that requires the entity to demonstrate to 

4 the satisfaction of the Department of Defense that armor 

5 piercing projectiles are either: (1) rendered incapable of 

6 reuse by the demilitarization process; or (2) used to manu7 facture ammunition pursuant to a contract with the De8 partment of Defense or the manufacture of ammunition for 

9 export pursuant to a License for Permanent Export of Un10 classified Military Articles issued by the Department of 

11 State. 

12 SEC. 8066. Notwithstanding any other provision of 

13 law, the Chief of the National Guard Bureau, or his des14 ignee, may waive payment of all or part of the consider15 ation that otherwise would be required under section 2667 

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

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

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

19 United States Code, or any other youth, social, or fraternal 

20 nonprofit organization as may be approved by the Chief 

21 of the National Guard Bureau, or his designee, on a case22 by-case basis. 

23 SEC. 8067. None of the funds appropriated by this Act 

24 shall be used for the support of any nonappropriated funds 

25 activity of the Department of Defense that procures malt 
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1 beverages and wine with nonappropriated funds for resale 

2 (including such alcoholic beverages sold by the drink) on 

3 a military installation located in the United States unless 

4 such malt beverages and wine are procured within that 

5 State, or in the case of the District of Columbia, within 

6 the District of Columbia, in which the military installation 

7 is located: Provided, That, in a case in which the military 

8 installation is located in more than one State, purchases 

9 may be made in any State in which the installation is lo10 cated: Provided further, That such local procurement re11 quirements for malt beverages and wine shall apply to all 

12 alcoholic beverages only for military installations in States 

13 which are not contiguous with another State: Provided fur14 ther, That alcoholic beverages other than wine and malt bev15 erages, in contiguous States and the District of Columbia 

16 shall be procured from the most competitive source, price 

17 and other factors considered. 

18 (INCLUDING TRANSFER OF FUNDS)

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

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

21 $76,611,750 shall remain available until expended: Pro22 vided, That, notwithstanding any other provision of law, 

23 the Secretary of Defense is authorized to transfer such funds 

24 to other activities of the Federal Government: Provided fur25 ther, That the Secretary of Defense is authorized to enter 
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1 into and carry out contracts for the acquisition of real 

2 property, construction, personal services, and operations re3 lated to projects carrying out the purposes of this section: 

4 Provided further, That contracts entered into under the au5 thority of this section may provide for such indemnification 

6 as the Secretary determines to be necessary: Provided fur7 ther, That projects authorized by this section shall comply 

8 with applicable Federal, State, and local law to the max9 imum extent consistent with the national security, as deter10 mined by the Secretary of Defense. 

11 SEC. 8069. (a) None of the funds appropriated in this 

12 or any other Act may be used to take any action to mod13 ify— 

14 (1) the appropriations account structure for the 

15 National Intelligence Program budget, including 

16 through the creation of a new appropriation or new 

17 appropriation account; 

18 (2) how the National Intelligence Program budg19 et request is presented in the unclassified P–1, R–1, 

20 and O–1 documents supporting the Department of 

21 Defense budget request; 

22 (3) the process by which the National Intelligence 

23 Program appropriations are apportioned to the exe24 cuting agencies; or 
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1 (4) the process by which the National Intelligence 

2 Program appropriations are allotted, obligated and 

3 disbursed. 

4 (b) Nothing in section (a) shall be construed to prohibit 

5 the merger of programs or changes to the National Intel6 ligence Program budget at or below the Expenditure Center 

7 level, provided such change is otherwise in accordance with 

8 paragraphs (a)(1)–(3). 

9 (c) The Director of National Intelligence and the Sec10 retary of Defense may jointly, only for the purposes of 

11 achieving auditable financial statements and improving fis12 cal reporting, study and develop detailed proposals for al13 ternative financial management processes. Such study shall 

14 include a comprehensive counterintelligence risk assessment 

15 to ensure that none of the alternative processes will ad16 versely affect counterintelligence. 

17 (d) Upon development of the detailed proposals defined 

18 under subsection (c), the Director of National Intelligence 

19 and the Secretary of Defense shall— 

20 (1) provide the proposed alternatives to all af21 fected agencies; 

22 (2) receive certification from all affected agencies 

23 attesting that the proposed alternatives will help 

24 achieve auditability, improve fiscal reporting, and 

25 will not adversely affect counterintelligence; and 
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1 (3) not later than 30 days after receiving all nec2 essary certifications under paragraph (2), present the 

3 proposed alternatives and certifications to the con4 gressional defense and intelligence committees. 

5 (e) This section shall not be construed to alter or affect 

6 the application of section 1633 of the National Defense Au7 thorization Act for Fiscal Year 2016 to the amounts made 

8 available by this Act. 

9 SEC. 8070. In addition to amounts provided elsewhere 

10 in this Act, $5,000,000 is hereby appropriated to the De11 partment of Defense, to remain available for obligation 

12 until expended: Provided, That notwithstanding any other 

13 provision of law, that upon the determination of the Sec14 retary of Defense that it shall serve the national interest, 

15 these funds shall be available only for a grant to the Fisher 

16 House Foundation, Inc., only for the construction and fur17 nishing of additional Fisher Houses to meet the needs of 

18 military family members when confronted with the illness 

19 or hospitalization of an eligible military beneficiary. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8071. Of the amounts appropriated in this Act 

22 under the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Re23 search, Development, Test and Evaluation, Defense-Wide’’, 

24 $487,595,000 shall be for the Israeli Cooperative Programs: 

25 Provided, That of this amount, $55,000,000 shall be for the 
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1 Secretary of Defense to provide to the Government of Israel 

2 for the procurement of the Iron Dome defense system to 

3 counter short-range rocket threats, subject to the U.S.-Israel 

4 Iron Dome Procurement Agreement, as amended; 

5 $286,526,000 shall be for the Short Range Ballistic Missile 

6 Defense (SRBMD) program, including cruise missile de7 fense research and development under the SRBMD pro8 gram, of which $150,000,000 shall be for production activi9 ties of SRBMD missiles in the United States and in Israel 

10 to meet Israel’s defense requirements consistent with each 

11 nation’s laws, regulations, and procedures, of which not 

12 more than $90,000,000, subject to previously established 

13 transfer procedures, may be obligated or expended until es14 tablishment of a U.S.-Israeli production agreement for 

15 SRBMD; $89,550,000 shall be for an upper-tier component 

16 to the Israeli Missile Defense Architecture, of which not 

17 more than $15,000,000, subject to previously established 

18 transfer procedures, may be obligated or expended until es19 tablishment of a U.S.-Israeli production agreement; and 

20 $56,519,000 shall be for the Arrow System Improvement 

21 Program including development of a long range, ground 

22 and airborne, detection suite: Provided further, That funds 

23 made available under this provision for production of mis24 siles and missile components may be transferred to appro25 priations available for the procurement of weapons and 
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1 equipment, to be merged with and to be available for the 

2 same time period and the same purposes as the appropria3 tion to which transferred: Provided further, That the trans4 fer authority provided under this provision is in addition 

5 to any other transfer authority contained in this Act. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 8072. Of the amounts appropriated in this Act 

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

9 $389,305,000 shall be available until September 30, 2016, 

10 to fund prior year shipbuilding cost increases: Provided, 

11 That upon enactment of this Act, the Secretary of the Navy 

12 shall transfer funds to the following appropriations in the 

13 amounts specified: Provided further, That the amounts 

14 transferred shall be merged with and be available for the 

15 same purposes as the appropriations to which transferred 

16 to: 

17 (1) Under the heading ‘‘Shipbuilding and Con18 version, Navy’’, 2008/2016: Carrier Replacement Pro19 gram $123,760,000; 

20 (2) Under the heading ‘‘Shipbuilding and Con21 version, Navy’’, 2009/2016: LPD–17 Amphibious 

22 Transport Dock Program $22,860,000; 

23 (3) Under the heading ‘‘Shipbuilding and Con24 version, Navy’’, 2012/2016: CVN Refueling Overhauls 

25 Program $20,029,000; 
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1 (4) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2012/2016: DDG–51 Destroyer 

3 $75,014,000; 

4 (5) Under the heading ‘‘Shipbuilding and Con5 version, Navy’’, 2012/2016: Littoral Combat Ship 

6 $82,674,000; 

7 (6) Under the heading ‘‘Shipbuilding and Con8 version, Navy’’, 2012/2016: LPD–17 Amphibious 

9 Transport Dock Program $38,733,000; 

10 (7) Under the heading ‘‘Shipbuilding and Con11 version, Navy’’, 2012/2016: Joint High Speed Vessel 

12 $22,597,000; and 

13 (8) Under the heading ‘‘Shipbuilding and Con14 version, Navy’’, 2013/2016: Joint High Speed Vessel 

15 $3,638,000. 

16 SEC. 8073. Funds appropriated by this Act, or made 

17 available by the transfer of funds in this Act, for intelligence 

18 activities are deemed to be specifically authorized by the 

19 Congress for purposes of section 504 of the National Secu20 rity Act of 1947 (50 U.S.C. 3094) during fiscal year 2016 

21 until the enactment of the Intelligence Authorization Act 

22 for Fiscal Year 2016. 

23 SEC. 8074. None of the funds provided in this Act shall 

24 be available for obligation or expenditure through a re25 programming of funds that creates or initiates a new pro-
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1 gram, project, or activity unless such program, project, or 

2 activity must be undertaken immediately in the interest of 

3 national security and only after written prior notification 

4 to the congressional defense committees. 

5 SEC. 8075. The budget of the President for fiscal year 

6 2017 submitted to the Congress pursuant to section 1105 

7 of title 31, United States Code, shall include separate budget 

8 justification documents for costs of United States Armed 

9 Forces’ participation in contingency operations for the 

10 Military Personnel accounts, the Operation and Mainte11 nance accounts, the Procurement accounts, and the Re12 search, Development, Test and Evaluation accounts: Pro13 vided, That these documents shall include a description of 

14 the funding requested for each contingency operation, for 

15 each military service, to include all Active and Reserve 

16 components, and for each appropriations account: Provided 

17 further, That these documents shall include estimated costs 

18 for each element of expense or object class, a reconciliation 

19 of increases and decreases for each contingency operation, 

20 and programmatic data including, but not limited to, troop 

21 strength for each Active and Reserve component, and esti22 mates of the major weapons systems deployed in support 

23 of each contingency: Provided further, That these documents 

24 shall include budget exhibits OP–5 and OP–32 (as defined 

25 in the Department of Defense Financial Management Regu-
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1 lation) for all contingency operations for the budget year 

2 and the two preceding fiscal years. 

3 SEC. 8076. None of the funds in this Act may be used 

4 for research, development, test, evaluation, procurement or 

5 deployment of nuclear armed interceptors of a missile de6 fense system. 

7 SEC. 8077. Notwithstanding any other provision of 

8 this Act, to reflect savings due to favorable foreign exchange 

9 rates, the total amount appropriated in this Act is hereby 

10 reduced by $1,500,789,000. 

11 SEC. 8078. None of the funds appropriated or made 

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

13 the operation of the 53rd Weather Reconnaissance Squad14 ron of the Air Force Reserve, if such action would reduce 

15 the WC–130 Weather Reconnaissance mission below the lev16 els funded in this Act: Provided, That the Air Force shall 

17 allow the 53rd Weather Reconnaissance Squadron to per18 form other missions in support of national defense require19 ments during the non-hurricane season. 

20 SEC. 8079. None of the funds provided in this Act shall 

21 be available for integration of foreign intelligence informa22 tion unless the information has been lawfully collected and 

23 processed during the conduct of authorized foreign intel24 ligence activities: Provided, That information pertaining to 

25 United States persons shall only be handled in accordance 
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1 with protections provided in the Fourth Amendment of the 

2 United States Constitution as implemented through Execu3 tive Order No. 12333. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8080. The Secretary of Defense may transfer 

6 funds from any available Department of the Navy appro7 priation to any available Navy ship construction appro8 priation for the purpose of liquidating necessary changes 

9 resulting from inflation, market fluctuations, or rate adjust10 ments for any ship construction program appropriated in 

11 law: Provided, That the Secretary may transfer not to ex12 ceed $20,000,000 under the authority provided by this sec13 tion: Provided further, That the Secretary may not transfer 

14 any funds until 30 days after the proposed transfer has been 

15 reported to the Committees on Appropriations of the House 

16 of Representatives and the Senate, unless a response from 

17 the Committees is received sooner: Provided further, That 

18 any funds transferred pursuant to this section shall retain 

19 the same period of availability as when originally appro20 priated: Provided further, That the transfer authority pro21 vided by this section is in addition to any other transfer 

22 authority contained elsewhere in this Act. 

23 SEC. 8081. (a) None of the funds appropriated by this 

24 Act may be used to transfer research and development, ac-
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1 quisition, or other program authority relating to current 

2 tactical unmanned aerial vehicles (TUAVs) from the Army. 

3 (b) The Army shall retain responsibility for and oper4 ational control of the MQ–1C Gray Eagle Unmanned Aerial 

5 Vehicle (UAV) in order to support the Secretary of Defense 

6 in matters relating to the employment of unmanned aerial 

7 vehicles. 

8 SEC. 8082. Up to $15,000,000 of the funds appro9 priated under the heading ‘‘Operation and Maintenance, 

10 Navy’’ may be made available for the Asia Pacific Regional 

11 Initiative Program for the purpose of enabling the Pacific 

12 Command to execute Theater Security Cooperation activi13 ties such as humanitarian assistance, and payment of in14 cremental and personnel costs of training and exercising 

15 with foreign security forces: Provided, That funds made 

16 available for this purpose may be used, notwithstanding 

17 any other funding authorities for humanitarian assistance, 

18 security assistance or combined exercise expenses: Provided 

19 further, That funds may not be obligated to provide assist20 ance to any foreign country that is otherwise prohibited 

21 from receiving such type of assistance under any other pro22 vision of law. 

23 SEC. 8083. None of the funds appropriated by this Act 

24 for programs of the Office of the Director of National Intel25 ligence shall remain available for obligation beyond the cur-
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1 rent fiscal year, except for funds appropriated for research 

2 and technology, which shall remain available until Sep3 tember 30, 2017. 

4 SEC. 8084. For purposes of section 1553(b) of title 31, 

5 United States Code, any subdivision of appropriations 

6 made in this Act under the heading ‘‘Shipbuilding and 

7 Conversion, Navy’’ shall be considered to be for the same 

8 purpose as any subdivision under the heading ‘‘Ship9 building and Conversion, Navy’’ appropriations in any 

10 prior fiscal year, and the 1 percent limitation shall apply 

11 to the total amount of the appropriation. 

12 SEC. 8085. (a) Not later than 60 days after the date 

13 of enactment of this Act, the Director of National Intel14 ligence shall submit a report to the congressional intel15 ligence committees to establish the baseline for application 

16 of reprogramming and transfer authorities for fiscal year 

17 2016: Provided, That the report shall include— 

18 (1) a table for each appropriation with a sepa19 rate column to display the President’s budget request, 

20 adjustments made by Congress, adjustments due to 

21 enacted rescissions, if appropriate, and the fiscal year 

22 enacted level; 

23 (2) a delineation in the table for each appropria24 tion by Expenditure Center and project; and 
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1 (3) an identification of items of special congres2 sional interest. 

3 (b) None of the funds provided for the National Intel4 ligence Program in this Act shall be available for re5 programming or transfer until the report identified in sub6 section (a) is submitted to the congressional intelligence 

7 committees, unless the Director of National Intelligence cer8 tifies in writing to the congressional intelligence committees 

9 that such reprogramming or transfer is necessary as an 

10 emergency requirement. 

11 SEC. 8086. None of the funds made available by this 

12 Act may be used to eliminate, restructure, or realign Army 

13 Contracting Command–New Jersey or make dispropor14 tionate personnel reductions at any Army Contracting 

15 Command–New Jersey sites without 30-day prior notifica16 tion to the congressional defense committees. 

17 SEC. 8087. None of the funds made available by this 

18 Act may be used to retire, divest, realign, or transfer RQ– 

19 4B Global Hawk aircraft, or to disestablish or convert units 

20 associated with such aircraft. 

21 SEC. 8088. None of the funds made available by this 

22 Act for excess defense articles, assistance under section 1206 

23 of the National Defense Authorization Act for Fiscal Year 

24 2006 (Public Law 109–163; 119 Stat. 3456), or peace25 keeping operations for the countries designated annually to 
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1 be in violation of the standards of the Child Soldiers Pre2 vention Act of 2008 (Public Law 110–457; 22 U.S.C. 

3 2370c–1) may be used to support any military training 

4 or operation that includes child soldiers, as defined by the 

5 Child Soldiers Prevention Act of 2008, unless such assist6 ance is otherwise permitted under section 404 of the Child 

7 Soldiers Prevention Act of 2008. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8089. Of the funds appropriated in the Intel10 ligence Community Management Account for the Program 

11 Manager for the Information Sharing Environment, 

12 $20,000,000 is available for transfer by the Director of Na13 tional Intelligence to other departments and agencies for 

14 purposes of Government-wide information sharing activi15 ties: Provided, That funds transferred under this provision 

16 are to be merged with and available for the same purposes 

17 and time period as the appropriation to which transferred: 

18 Provided further, That the Office of Management and Budg19 et must approve any transfers made under this provision. 

20 SEC. 8090. (a) None of the funds provided for the Na21 tional Intelligence Program in this or any prior appropria22 tions Act shall be available for obligation or expenditure 

23 through a reprogramming or transfer of funds in accord24 ance with section 102A(d) of the National Security Act of 

25 1947 (50 U.S.C. 3024(d)) that— 
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1 (1) creates a new start effort; 

2 (2) terminates a program with appropriated 

3 funding of $10,000,000 or more; 

4 (3) transfers funding into or out of the National 

5 Intelligence Program; or 

6 (4) transfers funding between appropriations, 

7 unless the congressional intelligence committees are 

8 notified 30 days in advance of such reprogramming 

9 of funds; this notification period may be reduced for 

10 urgent national security requirements. 

11 (b) None of the funds provided for the National Intel12 ligence Program in this or any prior appropriations Act 

13 shall be available for obligation or expenditure through a 

14 reprogramming or transfer of funds in accordance with sec15 tion 102A(d) of the National Security Act of 1947 (50 

16 U.S.C. 3024(d)) that results in a cumulative increase or 

17 decrease of the levels specified in the classified annex accom18 panying the Act unless the congressional intelligence com19 mittees are notified 30 days in advance of such reprogram20 ming of funds; this notification period may be reduced for 

21 urgent national security requirements. 

22 SEC. 8091. The Director of National Intelligence shall 

23 submit to Congress each year, at or about the time that 

24 the President’s budget is submitted to Congress that year 

25 under section 1105(a) of title 31, United States Code, a fu-
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1 ture-years intelligence program (including associated an2 nexes) reflecting the estimated expenditures and proposed 

3 appropriations included in that budget. Any such future4 years intelligence program shall cover the fiscal year with 

5 respect to which the budget is submitted and at least the 

6 four succeeding fiscal years. 

7 SEC. 8092. For the purposes of this Act, the term ‘‘con8 gressional intelligence committees’’ means the Permanent 

9 Select Committee on Intelligence of the House of Represent10 atives, the Select Committee on Intelligence of the Senate, 

11 the Subcommittee on Defense of the Committee on Appro12 priations of the House of Representatives, and the Sub13 committee on Defense of the Committee on Appropriations 

14 of the Senate. 

15 SEC. 8093. The Department of Defense shall continue 

16 to report incremental contingency operations costs for Oper17 ation Inherent Resolve, Operation Freedom’s Sentinel, and 

18 any named successor operations, on a monthly basis and 

19 any other operation designated and identified by the Sec20 retary of Defense for the purposes of section 127a of title 

21 10, United States Code, on a semi-annual basis in the Cost 

22 of War Execution Report as prescribed in the Department 

23 of Defense Financial Management Regulation Department 

24 of Defense Instruction 7000.14, Volume 12, Chapter 23 

25 ‘‘Contingency Operations’’, Annex 1, dated September 2005. 
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8094. During the current fiscal year, not to ex3 ceed $11,000,000 from each of the appropriations made in 

4 title II of this Act for ‘‘Operation and Maintenance, Army’’, 

5 ‘‘Operation and Maintenance, Navy’’, and ‘‘Operation and 

6 Maintenance, Air Force’’ may be transferred by the mili7 tary department concerned to its central fund established 

8 for Fisher Houses and Suites pursuant to section 2493(d) 

9 of title 10, United States Code. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8095. Funds appropriated by this Act for oper12 ation and maintenance may be available for the purpose 

13 of making remittances and transfer to the Defense Acquisi14 tion Workforce Development Fund in accordance with sec15 tion 1705 of title 10, United States Code. 

16 SEC. 8096. (a) Any agency receiving funds made 

17 available in this Act, shall, subject to subsections (b) and 

18 (c), post on the public Web site of that agency any report 

19 required to be submitted by the Congress in this or any 

20 other Act, upon the determination by the head of the agency 

21 that it shall serve the national interest. 

22 (b) Subsection (a) shall not apply to a report if— 

23 (1) the public posting of the report compromises 

24 national security; or 

25 (2) the report contains proprietary information. 
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1 (c) The head of the agency posting such report shall 

2 do so only after such report has been made available to the 

3 requesting Committee or Committees of Congress for no less 

4 than 45 days. 

5 SEC. 8097. (a) None of the funds appropriated or oth6 erwise made available by this Act may be expended for any 

7 Federal contract for an amount in excess of $1,000,000, un8 less the contractor agrees not to— 

9 (1) enter into any agreement with any of its em10 ployees or independent contractors that requires, as a 

11 condition of employment, that the employee or inde12 pendent contractor agree to resolve through arbitra13 tion any claim under title VII of the Civil Rights Act 

14 of 1964 or any tort related to or arising out of sexual 

15 assault or harassment, including assault and battery, 

16 intentional infliction of emotional distress, false im17 prisonment, or negligent hiring, supervision, or reten18 tion; or 

19 (2) take any action to enforce any provision of 

20 an existing agreement with an employee or inde21 pendent contractor that mandates that the employee 

22 or independent contractor resolve through arbitration 

23 any claim under title VII of the Civil Rights Act of 

24 1964 or any tort related to or arising out of sexual 

25 assault or harassment, including assault and battery, 
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1 intentional infliction of emotional distress, false im2 prisonment, or negligent hiring, supervision, or reten3 tion. 

4 (b) None of the funds appropriated or otherwise made 

5 available by this Act may be expended for any Federal con6 tract unless the contractor certifies that it requires each cov7 ered subcontractor to agree not to enter into, and not to 

8 take any action to enforce any provision of, any agreement 

9 as described in paragraphs (1) and (2) of subsection (a), 

10 with respect to any employee or independent contractor per11 forming work related to such subcontract. For purposes of 

12 this subsection, a ‘‘covered subcontractor’’ is an entity that 

13 has a subcontract in excess of $1,000,000 on a contract sub14 ject to subsection (a). 

15 (c) The prohibitions in this section do not apply with 

16 respect to a contractor’s or subcontractor’s agreements with 

17 employees or independent contractors that may not be en18 forced in a court of the United States. 

19 (d) The Secretary of Defense may waive the applica20 tion of subsection (a) or (b) to a particular contractor or 

21 subcontractor for the purposes of a particular contract or 

22 subcontract if the Secretary or the Deputy Secretary per23 sonally determines that the waiver is necessary to avoid 

24 harm to national security interests of the United States, 

25 and that the term of the contract or subcontract is not 
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1 longer than necessary to avoid such harm. The determina2 tion shall set forth with specificity the grounds for the waiv3 er and for the contract or subcontract term selected, and 

4 shall state any alternatives considered in lieu of a waiver 

5 and the reasons each such alternative would not avoid harm 

6 to national security interests of the United States. The Sec7 retary of Defense shall transmit to Congress, and simulta8 neously make public, any determination under this sub9 section not less than 15 business days before the contract 

10 or subcontract addressed in the determination may be 

11 awarded. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8098. From within the funds appropriated for 

14 operation and maintenance for the Defense Health Program 

15 in this Act, up to $121,000,000, shall be available for trans16 fer to the Joint Department of Defense-Department of Vet17 erans Affairs Medical Facility Demonstration Fund in ac18 cordance with the provisions of section 1704 of the National 

19 Defense Authorization Act for Fiscal Year 2010, Public Law 

20 111–84: Provided, That for purposes of section 1704(b), the 

21 facility operations funded are operations of the integrated 

22 Captain James A. Lovell Federal Health Care Center, con23 sisting of the North Chicago Veterans Affairs Medical Cen24 ter, the Navy Ambulatory Care Center, and supporting fa25 cilities designated as a combined Federal medical facility 
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1 as described by section 706 of Public Law 110–417: Pro2 vided further, That additional funds may be transferred 

3 from funds appropriated for operation and maintenance for 

4 the Defense Health Program to the Joint Department of De5 fense-Department of Veterans Affairs Medical Facility 

6 Demonstration Fund upon written notification by the Sec7 retary of Defense to the Committees on Appropriations of 

8 the House of Representatives and the Senate. 

9 SEC. 8099. Appropriations available to the Depart10 ment of Defense may be used for the purchase of heavy and 

11 light armored vehicles for the physical security of personnel 

12 or for force protection purposes up to a limit of $450,000 

13 per vehicle, notwithstanding price or other limitations ap14 plicable to the purchase of passenger carrying vehicles. 

15 SEC. 8100. None of the funds appropriated or other16 wise made available by this Act or any other Act may be 

17 used by the Department of Defense or a component thereof 

18 in contravention of the provisions of section 130h of title 

19 10, United States Code (as added by section 1671 of the 

20 National Defense Authorization Act for Fiscal Year 2016). 

21 SEC. 8101. The Secretary of Defense shall report quar22 terly the numbers of civilian personnel end strength by ap23 propriation account for each and every appropriation ac24 count used to finance Federal civilian personnel salaries to 
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1 the congressional defense committees within 15 days after 

2 the end of each fiscal quarter. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8102. Upon a determination by the Director of 

5 National Intelligence that such action is necessary and in 

6 the national interest, the Director may, with the approval 

7 of the Office of Management and Budget, transfer not to 

8 exceed $1,500,000,000 of the funds made available in this 

9 Act for the National Intelligence Program: Provided, That 

10 such authority to transfer may not be used unless for higher 

11 priority items, based on unforeseen intelligence require12 ments, than those for which originally appropriated and 

13 in no case where the item for which funds are requested 

14 has been denied by the Congress: Provided further, That a 

15 request for multiple reprogrammings of funds using author16 ity provided in this section shall be made prior to June 

17 30, 2016. 

18 SEC. 8103. None of the funds appropriated or other19 wise made available in this or any other Act may be used 

20 to transfer, release, or assist in the transfer or release to 

21 or within the United States, its territories, or possessions 

22 Khalid Sheikh Mohammed or any other detainee who— 

23 (1) is not a United States citizen or a member 

24 of the Armed Forces of the United States; and 
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1 (2) is or was held on or after June 24, 2009, at 

2 United States Naval Station, Guanta ́namo Bay, 

3 Cuba, by the Department of Defense. 

4 SEC. 8104. (a) None of the funds appropriated or oth5 erwise made available in this or any other Act may be used 

6 to construct, acquire, or modify any facility in the United 

7 States, its territories, or possessions to house any individual 

8 described in subsection (c) for the purposes of detention or 

9 imprisonment in the custody or under the effective control 

10 of the Department of Defense. 

11 (b) The prohibition in subsection (a) shall not apply 

12 to any modification of facilities at United States Naval 

13 Station, Guanta ́namo Bay, Cuba. 

14 (c) An individual described in this subsection is any 

15 individual who, as of June 24, 2009, is located at United 

16 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

17 (1) is not a citizen of the United States or a 

18 member of the Armed Forces of the United States; and 

19 (2) is— 

20 (A) in the custody or under the effective 

21 control of the Department of Defense; or 

22 (B) otherwise under detention at United 

23 States Naval Station, Guanta ́namo Bay, Cuba. 

24 SEC. 8105. None of the funds appropriated or other25 wise made available in this Act may be used to transfer 
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1 any individual detained at United States Naval Station 

2 Guanta ́namo Bay, Cuba, to the custody or control of the 

3 individual’s country of origin, any other foreign country, 

4 or any other foreign entity except in accordance with sec5 tions 1033 and 1034 of the National Defense Authorization 

6 Act for Fiscal Year 2016. 

7 SEC. 8106. None of the funds made available by this 

8 Act may be used in contravention of the War Powers Reso9 lution (50 U.S.C. 1541 et seq.). 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8107. Of the amounts appropriated for ‘‘Oper12 ation and Maintenance, Navy’’, up to $1,000,000 shall be 

13 available for transfer to the John C. Stennis Center for Pub14 lic Service Development Trust Fund established under sec15 tion 116 of the John C. Stennis Center for Public Service 

16 Training and Development Act (2 U.S.C. 1105). 

17 SEC. 8108. None of the funds made available by this 

18 Act may be used by the Department of Defense or any other 

19 Federal agency to lease or purchase new light duty vehicles, 

20 for any executive fleet, or for any agency’s fleet inventory, 

21 except in accordance with Presidential Memorandum-Fed22 eral Fleet Performance, dated May 24, 2011. 

23 SEC. 8109. (a) None of the funds appropriated or oth24 erwise made available by this or any other Act may be used 

25 by the Secretary of Defense, or any other official or officer 
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1 of the Department of Defense, to enter into a contract, 

2 memorandum of understanding, or cooperative agreement 

3 with, or make a grant to, or provide a loan or loan guar4 antee to Rosoboronexport or any subsidiary of 

5 Rosoboronexport. 

6 (b) The Secretary of Defense may waive the limitation 

7 in subsection (a) if the Secretary, in consultation with the 

8 Secretary of State and the Director of National Intelligence, 

9 determines that it is in the vital national security interest 

10 of the United States to do so, and certifies in writing to 

11 the congressional defense committees that, to the best of the 

12 Secretary’s knowledge: 

13 (1) Rosoboronexport has ceased the transfer of le14 thal military equipment to, and the maintenance of 

15 existing lethal military equipment for, the Govern16 ment of the Syrian Arab Republic; 

17 (2) The armed forces of the Russian Federation 

18 have withdrawn from Crimea, other than armed 

19 forces present on military bases subject to agreements 

20 in force between the Government of the Russian Fed21 eration and the Government of Ukraine; and 

22 (3) Agents of the Russian Federation have ceased 

23 taking active measures to destabilize the control of the 

24 Government of Ukraine over eastern Ukraine. 
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1 (c) The Inspector General of the Department of Defense 

2 shall conduct a review of any action involving 

3 Rosoboronexport with respect to a waiver issued by the Sec4 retary of Defense pursuant to subsection (b), and not later 

5 than 90 days after the date on which such a waiver is issued 

6 by the Secretary of Defense, the Inspector General shall sub7 mit to the congressional defense committees a report con8 taining the results of the review conducted with respect to 

9 such waiver. 

10 SEC. 8110. None of the funds made available in this 

11 Act may be used for the purchase or manufacture of a flag 

12 of the United States unless such flags are treated as covered 

13 items under section 2533a(b) of title 10, United States 

14 Code. 

15 SEC. 8111. (a) Of the funds appropriated in this Act 

16 for the Department of Defense, amounts may be made avail17 able, under such regulations as the Secretary of Defense 

18 may prescribe, to local military commanders appointed by 

19 the Secretary, or by an officer or employee designated by 

20 the Secretary, to provide at their discretion ex gratia pay21 ments in amounts consistent with subsection (d) of this sec22 tion for damage, personal injury, or death that is incident 

23 to combat operations of the Armed Forces in a foreign coun24 try. 
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1 (b) An ex gratia payment under this section may be 

2 provided only if— 

3 (1) the prospective foreign civilian recipient is 

4 determined by the local military commander to be 

5 friendly to the United States; 

6 (2) a claim for damages would not be compen7 sable under chapter 163 of title 10, United States 

8 Code (commonly known as the ‘‘Foreign Claims 

9 Act’’); and 

10 (3) the property damage, personal injury, or 

11 death was not caused by action by an enemy. 

12 (c) NATURE OF PAYMENTS.—Any payments provided 

13 under a program under subsection (a) shall not be consid14 ered an admission or acknowledgement of any legal obliga15 tion to compensate for any damage, personal injury, or 

16 death. 

17 (d) AMOUNT OF PAYMENTS.—If the Secretary of De18 fense determines a program under subsection (a) to be ap19 propriate in a particular setting, the amounts of payments, 

20 if any, to be provided to civilians determined to have suf21 fered harm incident to combat operations of the Armed 

22 Forces under the program should be determined pursuant 

23 to regulations prescribed by the Secretary and based on an 

24 assessment, which should include such factors as cultural 

25 appropriateness and prevailing economic conditions. 
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1 (e) LEGAL ADVICE.—Local military commanders shall 

2 receive legal advice before making ex gratia payments under 

3 this subsection. The legal advisor, under regulations of the 

4 Department of Defense, shall advise on whether an ex gratia 

5 payment is proper under this section and applicable De6 partment of Defense regulations. 

7 (f) WRITTEN RECORD.—A written record of any ex 

8 gratia payment offered or denied shall be kept by the local 

9 commander and on a timely basis submitted to the appro10 priate office in the Department of Defense as determined 

11 by the Secretary of Defense. 

12 (g) REPORT.—The Secretary of Defense shall report to 

13 the congressional defense committees on an annual basis the 

14 efficacy of the ex gratia payment program including the 

15 number of types of cases considered, amounts offered, the 

16 response from ex gratia payment recipients, and any rec17 ommended modifications to the program. 

18 SEC. 8112. None of the funds available in this Act to 

19 the Department of Defense, other than appropriations made 

20 for necessary or routine refurbishments, upgrades or main21 tenance activities, shall be used to reduce or to prepare to 

22 reduce the number of deployed and non-deployed strategic 

23 delivery vehicles and launchers below the levels set forth in 

24 the report submitted to Congress in accordance with section 
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1 1042 of the National Defense Authorization Act for Fiscal 

2 Year 2012. 

3 SEC. 8113. The Secretary of Defense shall post grant 

4 awards on a public Web site in a searchable format. 

5 SEC. 8114. None of the funds made available by this 

6 Act may be used to realign forces at Lajes Air Force Base, 

7 Azores, Portugal, until the Secretary of Defense certifies to 

8 the congressional defense committees that the Secretary of 

9 Defense has determined, based on an analysis of operational 

10 requirements, that Lajes Air Force Base is not an optimal 

11 location for the Joint Intelligence Analysis Complex. 

12 SEC. 8115. None of the funds made available by this 

13 Act may be used to fund the performance of a flight dem14 onstration team at a location outside of the United States: 

15 Provided, That this prohibition applies only if a perform16 ance of a flight demonstration team at a location within 

17 the United States was canceled during the current fiscal 

18 year due to insufficient funding. 

19 SEC. 8116. None of the funds made available by this 

20 Act may be used by the National Security Agency to— 

21 (1) conduct an acquisition pursuant to section 

22 702 of the Foreign Intelligence Surveillance Act of 

23 1978 for the purpose of targeting a United States per24 son; or 
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1 (2) acquire, monitor, or store the contents (as 

2 such term is defined in section 2510(8) of title 18, 

3 United States Code) of any electronic communication 

4 of a United States person from a provider of elec5 tronic communication services to the public pursuant 

6 to section 501 of the Foreign Intelligence Surveillance 

7 Act of 1978. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8117. In addition to amounts provided elsewhere 

10 in this Act for basic allowance for housing for military per11 sonnel, including active duty, reserve and National Guard 

12 personnel, $300,000,000 is hereby appropriated to the De13 partment of Defense and made available for transfer only 

14 to military personnel accounts: Provided, That the transfer 

15 authority provided under this heading is in addition to any 

16 other transfer authority provided elsewhere in this Act. 

17 SEC. 8118. None of the funds made available by this 

18 Act may be obligated or expended to implement the Arms 

19 Trade Treaty until the Senate approves a resolution of rati20 fication for the Treaty. 

21 SEC. 8119. None of the funds made available in this 

22 or any other Act may be used to pay the salary of any 

23 officer or employee of any agency funded by this Act who 

24 approves or implements the transfer of administrative re25 sponsibilities or budgetary resources of any program, 
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1 project, or activity financed by this Act to the jurisdiction 

2 of another Federal agency not financed by this Act without 

3 the express authorization of Congress: Provided, That this 

4 limitation shall not apply to transfers of funds expressly 

5 provided for in Defense Appropriations Acts, or provisions 

6 of Acts providing supplemental appropriations for the De7 partment of Defense. 

8 SEC. 8120. None of the funds appropriated or other9 wise made available by this Act may be used in contraven10 tion of section 1054 of the National Defense Authorization 

11 Act for Fiscal Year 2016, regarding transfer of AH–64 

12 Apache helicopters from the Army National Guard to reg13 ular Army. 

14 SEC. 8121. None of the funds made available in this 

15 Act may be obligated for activities authorized under section 

16 1208 of the Ronald W. Reagan National Defense Authoriza17 tion Act for Fiscal Year 2005 (Public Law 112–81; 125 

18 Stat. 1621) to initiate support for, or expand support to, 

19 foreign forces, irregular forces, groups, or individuals unless 

20 the congressional defense committees are notified in accord21 ance with the direction contained in the classified annex 

22 accompanying this Act, not less than 15 days before initi23 ating such support: Provided, That none of the funds made 

24 available in this Act may be used under section 1208 for 

25 any activity that is not in support of an ongoing military 
327 

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1 operation being conducted by United States Special Oper2 ations Forces to combat terrorism: Provided further, That 

3 the Secretary of Defense may waive the prohibitions in this 

4 section if the Secretary determines that such waiver is re5 quired by extraordinary circumstances and, by not later 

6 than 72 hours after making such waiver, notifies the con7 gressional defense committees of such waiver. 

8 SEC. 8122. None of the funds made available by this 

9 Act may be used with respect to Iraq in contravention of 

10 the War Powers Resolution (50 U.S.C. 1541 et seq.), includ11 ing for the introduction of United States armed forces into 

12 hostilities in Iraq, into situations in Iraq where imminent 

13 involvement in hostilities is clearly indicated by the cir14 cumstances, or into Iraqi territory, airspace, or waters 

15 while equipped for combat, in contravention of the congres16 sional consultation and reporting requirements of sections 

17 3 and 4 of such Resolution (50 U.S.C. 1542 and 1543). 

18 SEC. 8123. None of the funds made available by this 

19 Act may be used to divest, retire, transfer, or place in stor20 age or on backup aircraft inventory status, or prepare to 

21 divest, retire, transfer, or place in storage or on backup air22 craft inventory status, any A–10 aircraft, or to disestablish 

23 any units of the active or reserve component associated with 

24 such aircraft. 
328 

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1 SEC. 8124. Of the funds provided for ‘‘Research, Devel2 opment, Test and Evaluation, Defense-Wide’’ in this Act, 

3 not less than $2,800,000 shall be used to support the De4 partment’s activities related to the implementation of the 

5 Digital Accountability and Transparency Act (Public Law 

6 113–101; 31 U.S.C. 6101 note) and to support the imple7 mentation of a uniform procurement instrument identifier 

8 as described in subpart 4.16 of Title 48, Code of Federal 

9 Regulations, to include changes in business processes, work10 force, or information technology. 

11 SEC. 8125. None of the funds provided in this Act for 

12 the T–AO(X) program shall be used to award a new con13 tract that provides for the acquisition of the following com14 ponents unless those components are manufactured in the 

15 United States: Auxiliary equipment (including pumps) for 

16 shipboard services; propulsion equipment (including en17 gines, reduction gears, and propellers); shipboard cranes; 

18 and spreaders for shipboard cranes: Provided, That the Sec19 retary of the military department responsible for such pro20 curement may waive these restrictions on a case-by-case 

21 basis by certifying in writing to the Committees on Appro22 priations of the House of Representatives and the Senate 

23 that adequate domestic supplies are not available to meet 

24 Department of Defense requirements on a timely and cost 

25 competitive basis and that such an acquisition must be 
329 

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1 made in order to acquire capability for national security 

2 purposes. 

3 SEC. 8126. The amounts appropriated in title II of 

4 this Act are hereby reduced by $389,000,000 to reflect excess 

5 cash balances in Department of Defense Working Capital 

6 Funds, as follows: 

7 (1) From ‘‘Operation and Maintenance, Army’’, 

8 $138,000,000; 

9 (2) From ‘‘Operation and Maintenance, Air 

10 Force’’, $251,000,000. 

11 (RESCISSION)

12 SEC. 8127. Of the unobligated balances available to the 

13 Department of Defense, the following funds are permanently 

14 rescinded from the following accounts and programs in the 

15 specified amounts to reflect excess cash balances in Depart16 ment of Defense Working Capital Funds: Provided, That 

17 no amounts may be rescinded from amounts that were des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism or as an emergency re20 quirement pursuant to the Concurrent Resolution on the 

21 Budget or the Balanced Budget and Emergency Deficit 

22 Control Act of 1985, as amended: 

23 From ‘‘Defense Working Capital Fund, Defense, 

24 X’’, $1,037,000,000. 
330 

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1 SEC. 8128. Notwithstanding any other provision of 

2 this Act, to reflect savings due to lower than anticipated 

3 fuel costs, the total amount appropriated in title II of this 

4 Act is hereby reduced by $2,576,000,000. 

5 SEC. 8129. None of the funds made available by this 

6 Act may be used to divest or retire, or to prepare to divest 

7 or retire, KC–10 aircraft. 

8 SEC. 8130. None of the funds made available by this 

9 Act may be used to divest, retire, transfer, or place in stor10 age or on backup aircraft inventory status, or prepare to 

11 divest, retire, transfer, or place in storage or on backup air12 craft inventory status, any EC–130H aircraft. 

13 SEC. 8131. None of the funds made available by this 

14 Act may be used for Government Travel Charge Card ex15 penses by military or civilian personnel of the Department 

16 of Defense for gaming, or for entertainment that includes 

17 topless or nude entertainers or participants, as prohibited 

18 by Department of Defense FMR, Volume 9, Chapter 3 and 

19 Department of Defense Instruction 1015.10 (enclosure 3, 

20 14a and 14b). 

21 SEC. 8132. None of the funds made available by this 

22 Act may be used to propose, plan for, or execute a new or 

23 additional Base Realignment and Closure (BRAC) round. 
331 

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1 TITLE IX 

2 OVERSEAS CONTINGENCY OPERATIONS/GLOBAL 

3 WAR ON TERRORISM 

4 MILITARY PERSONNEL 

5 MILITARY PERSONNEL, ARMY

6 For an additional amount for ‘‘Military Personnel, 

7 Army’’, $1,846,356,000: Provided, That such amount is 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 MILITARY PERSONNEL, NAVY

13 For an additional amount for ‘‘Military Personnel, 

14 Navy’’, $251,011,000: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 MILITARY PERSONNEL, MARINE CORPS

20 For an additional amount for ‘‘Military Personnel, 

21 Marine Corps’’, $171,079,000: Provided, That such amount 

22 is designated by the Congress for Overseas Contingency Op23 erations/Global War on Terrorism pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 
332 

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1 MILITARY PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Military Personnel, 

3 Air Force’’, $726,126,000: Provided, That such amount is 

4 designated by the Congress for Overseas Contingency Oper5 ations/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, Ma24 rine Corps’’, $3,393,000: Provided, That such amount is 

25 designated by the Congress for Overseas Contingency Oper-
333 

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1 ations/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, Air 

6 Force’’, $18,710,000: 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 NATIONAL GUARD PERSONNEL, ARMY

12 For an additional amount for ‘‘National Guard Per13 sonnel, Army’’, $166,015,000: Provided, That such amount 

14 is designated by the Congress for Overseas Contingency Op15 erations/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 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 Contin22 gency Operations/Global War on Terrorism pursuant to sec23 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer24 gency Deficit Control Act of 1985. 
334 

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1 OPERATION AND MAINTENANCE 

2 OPERATION AND MAINTENANCE, ARMY

3 For an additional amount for ‘‘Operation and Mainte4 nance, Army’’, $14,994,833,000: Provided, That such 

5 amount is designated by the Congress for Overseas Contin6 gency Operations/Global War on Terrorism pursuant to sec7 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer8 gency Deficit Control Act of 1985. 

9 OPERATION AND MAINTENANCE, NAVY

10 For an additional amount for ‘‘Operation and Mainte11 nance, Navy’’, $7,169,611,000: Provided, That such amount 

12 is designated by the Congress for Overseas Contingency Op13 erations/Global War on Terrorism pursuant to section 

14 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, MARINE CORPS

17 For an additional amount for ‘‘Operation and Mainte18 nance, Marine Corps’’, $1,372,534,000: Provided, That such 

19 amount is designated by the Congress for Overseas Contin20 gency Operations/Global War on Terrorism pursuant to sec21 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer22 gency Deficit Control Act of 1985. 

23 OPERATION AND MAINTENANCE, AIR FORCE

24 For an additional amount for ‘‘Operation and Mainte25 nance, Air Force’’, $11,128,813,000: Provided, That such 
335 

•HR 2029 EAH 

1 amount is designated by the Congress for Overseas Contin2 gency Operations/Global War on Terrorism pursuant to sec3 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer4 gency Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE, DEFENSE-WIDE

6 For an additional amount for ‘‘Operation and Mainte7 nance, Defense-Wide’’, $5,665,633,000: Provided, That of 

8 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 State 

14 of Iraq and the Levant: Provided further, That such reim15 bursement payments may be made in such amounts as the 

16 Secretary of Defense, with the concurrence of the Secretary 

17 of State, and in consultation with the Director of the Office 

18 of Management and Budget, may determine, based on docu19 mentation determined by the Secretary of Defense to ade20 quately account for the support provided, and such deter21 mination is final and conclusive upon the accounting offi22 cers of the United States, and 15 days following notification 

23 to the appropriate congressional committees: Provided fur24 ther, That these funds may be used for the purpose of pro25 viding specialized training and procuring supplies and spe-
336 

•HR 2029 EAH 

1 cialized equipment and providing such supplies and loan2 ing such equipment on a non-reimbursable basis to coali3 tion forces supporting United States military and stability 

4 operations in Afghanistan and to counter the Islamic State 

5 of Iraq and the Levant, and 15 days following notification 

6 to the appropriate congressional committees: Provided fur7 ther, That these funds may be used to support the Govern8 ments of Jordan and Lebanon, in such amounts as the Sec9 retary of Defense may determine, to enhance the ability of 

10 the armed forces of Jordan to increase or sustain security 

11 along its borders and the ability of the armed forces of Leb12 anon to increase or sustain security along its borders, upon 

13 15 days prior written notification to the congressional de14 fense committees outlining the amounts intended to be pro15 vided and the nature of the expenses incurred: Provided fur16 ther, That of the funds provided under this heading, up to 

17 $30,000,000 shall be for Operation Observant Compass: 

18 Provided further, That the Secretary of Defense shall pro19 vide quarterly reports to the congressional defense commit20 tees on the use of funds provided in this paragraph: Pro21 vided further, That such amount is designated by the Con22 gress for Overseas Contingency Operations/Global War on 

23 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal24 anced Budget and Emergency Deficit Control Act of 1985. 
337 

•HR 2029 EAH 

1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For an additional amount for ‘‘Operation and Mainte3 nance, Army Reserve’’, $99,559,000: Provided, That such 

4 amount is designated by the Congress for Overseas Contin5 gency Operations/Global War on Terrorism pursuant to sec6 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer7 gency Deficit Control Act of 1985. 

8 OPERATION AND MAINTENANCE, NAVY RESERVE

9 For an additional amount for ‘‘Operation and Mainte10 nance, Navy Reserve’’, $31,643,000: Provided, That such 

11 amount is designated by the Congress for Overseas Contin12 gency Operations/Global War on Terrorism pursuant to sec13 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer14 gency Deficit Control Act of 1985. 

15 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

16 For an additional amount for ‘‘Operation and Mainte17 nance, Marine Corps Reserve’’, $3,455,000: Provided, That 

18 such amount is designated by the Congress for Overseas 

19 Contingency Operations/Global War on Terrorism pursu20 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

21 Emergency Deficit Control Act of 1985. 

22 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

23 For an additional amount for ‘‘Operation and Mainte24 nance, Air Force Reserve’’, $58,106,000: Provided, That 

25 such amount is designated by the Congress for Overseas 
338 

•HR 2029 EAH 

1 Contingency Operations/Global War on Terrorism pursu2 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985. 

4 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

5 For an additional amount for ‘‘Operation and Mainte6 nance, Army National Guard’’, $135,845,000: Provided, 

7 That such amount is designated by the Congress for Over8 seas Contingency Operations/Global War on Terrorism pur9 suant to section 251(b)(2)(A)(ii) of the Balanced Budget 

10 and Emergency Deficit Control Act of 1985. 

11 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

12 For an additional amount for ‘‘Operation and Mainte13 nance, Air National Guard’’, $19,900,000: Provided, That 

14 such amount is designated by the Congress for Overseas 

15 Contingency Operations/Global War on Terrorism pursu16 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

17 Emergency Deficit Control Act of 1985. 

18 COUNTERTERRORISM PARTNERSHIPS FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 For the ‘‘Counterterrorism Partnerships Fund’’, 

21 $1,100,000,000, to remain available until September 30, 

22 2017: Provided, That such funds shall be available to pro23 vide support and assistance to foreign security forces or 

24 other groups or individuals to conduct, support, or facilitate 

25 counterterrorism and crisis response activities: Provided 
339 

•HR 2029 EAH 

1 further, That the Secretary of Defense shall transfer the 

2 funds provided herein to other appropriations provided for 

3 in this Act to be merged with and to be available for the 

4 same purposes and subject to the same authorities and for 

5 the same time period as the appropriation to which trans6 ferred: Provided further, That the transfer authority under 

7 this heading is in addition to any other transfer authority 

8 provided elsewhere in this Act: Provided further, That the 

9 funds available under this heading are available for trans10 fer only to the extent that the Secretary of Defense submits 

11 a prior approval reprogramming request to the congres12 sional defense committees: Provided further, That the Sec13 retary of Defense shall comply with the appropriate vetting 

14 standards and procedures established in division C of the 

15 Consolidated and Further Continuing Appropriations Act 

16 of 2015 (Public Law 113–235) for any recipient of training, 

17 equipment, or other assistance: Provided further, That the 

18 amount provided under this heading is designated by the 

19 Congress for Overseas Contingency Operations/Global War 

20 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

21 Balanced Budget and Emergency Deficit Control Act of 

22 1985. 

23 AFGHANISTAN SECURITY FORCES FUND

24 For the ‘‘Afghanistan Security Forces Fund’’, 

25 $3,652,257,000, to remain available until September 30, 
340 

•HR 2029 EAH 

1 2017: Provided, That such funds shall be available to the 

2 Secretary of Defense, notwithstanding any other provision 

3 of law, for the purpose of allowing the Commander, Com4 bined Security Transition Command—Afghanistan, or the 

5 Secretary’s designee, to provide assistance, with the concur6 rence of the Secretary of State, to the security forces of Af7 ghanistan, including the provision of equipment, supplies, 

8 services, training, facility and infrastructure repair, ren9 ovation, construction, and funding: Provided further, That 

10 the Secretary of Defense may obligate and expend funds 

11 made available to the Department of Defense in this title 

12 for additional costs associated with existing projects pre13 viously funded with amounts provided under the heading 

14 ‘‘Afghanistan Infrastructure Fund’’ in prior Acts: Provided 

15 further, That such costs shall be limited to contract changes 

16 resulting from inflation, market fluctuation, rate adjust17 ments, and other necessary contract actions to complete ex18 isting projects, and associated supervision and administra19 tion costs and costs for design during construction: Pro20 vided further, That the Secretary may not use more than 

21 $50,000,000 under the authority provided in this section: 

22 Provided further, That the Secretary shall notify in advance 

23 such contract changes and adjustments in annual reports 

24 to the congressional defense committees: Provided further, 

25 That the authority to provide assistance under this heading 
341 

•HR 2029 EAH 

1 is in addition to any other authority to provide assistance 

2 to foreign nations: Provided further, That contributions of 

3 funds for the purposes provided herein from any person, 

4 foreign government, or international organization may be 

5 credited to this Fund, to remain available until expended, 

6 and used for such purposes: Provided further, That the Sec7 retary of Defense shall notify the congressional defense com8 mittees in writing upon the receipt and upon the obligation 

9 of any contribution, delineating the sources and amounts 

10 of the funds received and the specific use of such contribu11 tions: Provided further, That the Secretary of Defense shall, 

12 not fewer than 15 days prior to obligating from this appro13 priation account, notify the congressional defense commit14 tees in writing of the details of any such obligation: Pro15 vided further, That the Secretary of Defense shall notify the 

16 congressional defense committees of any proposed new 

17 projects or transfer of funds between budget sub-activity 

18 groups in excess of $20,000,000: Provided further, That the 

19 United States may accept equipment procured using funds 

20 provided under this heading in this or prior Acts that was 

21 transferred to the security forces of Afghanistan and re22 turned by such forces to the United States: Provided further, 

23 That equipment procured using funds provided under this 

24 heading in this or prior Acts, and not yet transferred to 

25 the security forces of Afghanistan or transferred to the secu-
342 

•HR 2029 EAH 

1 rity forces of Afghanistan and returned by such forces to 

2 the United States, may be treated as stocks of the Depart3 ment of Defense upon written notification to the congres4 sional defense committees: Provided further, That of the 

5 funds provided under this heading, not less than 

6 $10,000,000 shall be for recruitment and retention of 

7 women in the Afghanistan National Security Forces, and 

8 the recruitment and training of female security personnel: 

9 Provided further, That such amount is designated by the 

10 Congress for Overseas Contingency Operations/Global War 

11 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

12 Balanced Budget and Emergency Deficit Control Act of 

13 1985. 

14 IRAQ TRAIN AND EQUIP FUND

15 For the ‘‘Iraq Train and Equip Fund’’, $715,000,000, 

16 to remain available until September 30, 2017: Provided, 

17 That such funds shall be available to the Secretary of De18 fense, in coordination with the Secretary of State, to pro19 vide assistance, including training; equipment; logistics 

20 support, supplies, and services; stipends; infrastructure re21 pair, renovation, and sustainment, to military and other 

22 security forces of or associated with the Government of Iraq, 

23 including Kurdish and tribal security forces or other local 

24 security forces, with a national security mission, to counter 

25 the Islamic State of Iraq and the Levant: Provided further, 
343 

•HR 2029 EAH 

1 That the Secretary of Defense shall ensure that prior to pro2 viding assistance to elements of any forces such elements 

3 are appropriately vetted, including at a minimum, assess4 ing such elements for associations with terrorist groups or 

5 groups associated with the Government of Iran; and receiv6 ing commitments from such elements to promote respect for 

7 human rights and the rule of law: Provided further, That 

8 the Secretary of Defense may accept and retain contribu9 tions, including assistance in-kind, from foreign govern10 ments, including the Government of Iraq, and other entities, 

11 to carry out assistance authorized under this heading: Pro12 vided further, That contributions of funds for the purposes 

13 provided herein from any foreign government or other enti14 ties, may be credited to this Fund, to remain available until 

15 expended, and used for such purposes: Provided further, 

16 That not more than 25 percent of the funds appropriated 

17 under this heading may be obligated or expended until not 

18 fewer than 15 days after: (1) the Secretary of Defense sub19 mits a report to the appropriate congressional committees, 

20 describing the plan for the provision of such training and 

21 assistance and the forces designated to receive such assist22 ance; and (2) the President submits a report to the appro23 priate congressional committees on how assistance provided 

24 under this heading supports a larger regional strategy: Pro25 vided further, That of the amount provided under this head-
344 

•HR 2029 EAH 

1 ing, not more than 60 percent may be obligated or expended 

2 until not fewer than 15 days after the date on which the 

3 Secretary of Defense certifies to the appropriate congres4 sional committees that an amount equal to not less than 

5 40 percent of the amount provided under this heading has 

6 been contributed by other countries and entities for the pur7 poses for which funds are provided under this heading, of 

8 which at least 50 percent shall have been contributed or pro9 vided by the Government of Iraq: Provided further, That 

10 the limitation in the preceding proviso shall not apply if 

11 the Secretary of Defense determines, in writing, that the 

12 national security objectives of the United States will be 

13 compromised by the application of the limitation to such 

14 assistance, and notifies the appropriate congressional com15 mittees not less than 15 days in advance of the exemption 

16 taking effect, including a justification for the Secretary’s 

17 determination and a description of the assistance to be ex18 empted from the application of such limitation: Provided 

19 further, That the Secretary of Defense may waive a provi20 sion of law relating to the acquisition of items and support 

21 services or sections 40 and 40A of the Arms Export Control 

22 Act (22 U.S.C. 2780 and 2785) if the Secretary determines 

23 such provisions of law would prohibit, restrict, delay or oth24 erwise limit the provision of such assistance and a notice 

25 of and justification for such waiver is submitted to the ap-
345 

•HR 2029 EAH 

1 propriate congressional committees: Provided further, That 

2 the term ‘‘appropriate congressional committees’’ under this 

3 heading means the ‘‘congressional defense committees’’, the 

4 Committees on Appropriations and Foreign Relations of the 

5 Senate and the Committees on Appropriations and Foreign 

6 Affairs of the House of Representatives: Provided further, 

7 That amounts made available under this heading are 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 PROCUREMENT 

13 AIRCRAFT PROCUREMENT, ARMY

14 For an additional amount for ‘‘Aircraft Procurement, 

15 Army’’, $161,987,000, to remain available until September 

16 30, 2018: Provided, That such amount is designated by the 

17 Congress for Overseas Contingency Operations/Global War 

18 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

19 Balanced Budget and Emergency Deficit Control Act of 

20 1985. 

21 MISSILE PROCUREMENT, ARMY

22 For an additional amount for ‘‘Missile Procurement, 

23 Army’’, $37,260,000, to remain available until September 

24 30, 2018: Provided, That such amount is designated by the 

25 Congress for Overseas Contingency Operations/Global War 
346 

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1 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

2 Balanced Budget and Emergency Deficit Control Act of 

3 1985. 

4 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

5 VEHICLES, ARMY

6 For an additional amount for ‘‘Procurement of Weap7 ons and Tracked Combat Vehicles, Army’’, $486,630,000, to 

8 remain available until September 30, 2018: 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 and 

12 Emergency Deficit Control Act of 1985. 

13 PROCUREMENT OF AMMUNITION, ARMY

14 For an additional amount for ‘‘Procurement of Am15 munition, Army’’, $222,040,000, to remain available until 

16 September 30, 2018: Provided, That such amount is des17 ignated by the 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. 

21 OTHER PROCUREMENT, ARMY

22 For an additional amount for ‘‘Other Procurement, 

23 Army’’, $1,175,596,000, to remain available until Sep24 tember 30, 2018: Provided, That such amount is designated 

25 by the Congress for Overseas Contingency Operations/Glob-
347 

•HR 2029 EAH 

1 al War on Terrorism pursuant to section 251(b)(2)(A)(ii) 

2 of the Balanced Budget and Emergency Deficit Control Act 

3 of 1985. 

4 AIRCRAFT PROCUREMENT, NAVY

5 For an additional amount for ‘‘Aircraft Procurement, 

6 Navy’’, $210,990,000, to remain available until September 

7 30, 2018: Provided, That such amount is designated by the 

8 Congress for Overseas Contingency Operations/Global War 

9 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

10 Balanced Budget and Emergency Deficit Control Act of 

11 1985. 

12 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

13 CORPS

14 For an additional amount for ‘‘Procurement of Am15 munition, Navy and Marine Corps’’, $117,966,000, to re16 main available until September 30, 2018: Provided, That 

17 such amount is designated by the Congress for Overseas 

18 Contingency Operations/Global War on Terrorism pursu19 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

20 Emergency Deficit Control Act of 1985. 

21 OTHER PROCUREMENT, NAVY

22 For an additional amount for ‘‘Other Procurement, 

23 Navy’’, $12,186,000, to remain available until September 

24 30, 2018: Provided, That such amount is designated by the 

25 Congress for Overseas Contingency Operations/Global War 
348 

•HR 2029 EAH 

1 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

2 Balanced Budget and Emergency Deficit Control Act of 

3 1985. 

4 PROCUREMENT, MARINE CORPS

5 For an additional amount for ‘‘Procurement, Marine 

6 Corps’’, $56,934,000, to remain available until September 

7 30, 2018: Provided, That such amount is designated by the 

8 Congress for Overseas Contingency Operations/Global War 

9 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

10 Balanced Budget and Emergency Deficit Control Act of 

11 1985. 

12 AIRCRAFT PROCUREMENT, AIR FORCE

13 For an additional amount for ‘‘Aircraft Procurement, 

14 Air Force’’, $128,900,000, to remain available until Sep15 tember 30, 2018: Provided, That such amount is designated 

16 by the Congress for Overseas Contingency Operations/Glob17 al War on Terrorism pursuant to section 251(b)(2)(A)(ii) 

18 of the Balanced Budget and Emergency Deficit Control Act 

19 of 1985. 

20 MISSILE PROCUREMENT, AIR FORCE

21 For an additional amount for ‘‘Missile Procurement, 

22 Air Force’’, $289,142,000, to remain available until Sep23 tember 30, 2018: Provided, That such amount is designated 

24 by the Congress for Overseas Contingency Operations/Glob25 al War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
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1 of the Balanced Budget and Emergency Deficit Control Act 

2 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 is 

7 designated 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 OTHER PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Other Procurement, 

13 Air Force’’, $3,477,001,000, to remain available until Sep14 tember 30, 2018: Provided, That such amount is designated 

15 by the Congress for Overseas Contingency Operations/Glob16 al War on Terrorism pursuant to section 251(b)(2)(A)(ii) 

17 of the Balanced Budget and Emergency Deficit Control Act 

18 of 1985. 

19 PROCUREMENT, DEFENSE-WIDE

20 For an additional amount for ‘‘Procurement, Defense21 Wide’’, $173,918,000, to remain available until September 

22 30, 2018: Provided, That such amount is designated by the 

23 Congress for Overseas Contingency Operations/Global War 

24 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
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1 Balanced Budget and Emergency Deficit Control Act of 

2 1985. 

3 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

4 For procurement of rotary-wing aircraft; combat, tac5 tical and support vehicles; other weapons; and other pro6 curement items for the reserve components of the Armed 

7 Forces, $1,000,000,000, to remain available for obligation 

8 until 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 none of the 

14 funds made available by this paragraph may be used to 

15 procure manned fixed wing aircraft, or procure or modify 

16 missiles, munitions, or ammunition: Provided further, That 

17 such amount is designated by the Congress for Overseas 

18 Contingency Operations/Global War on Terrorism pursu19 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

20 Emergency Deficit Control Act of 1985. 

21 RESEARCH, DEVELOPMENT, TEST AND 

22 EVALUATION 

23 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

24 For an additional amount for ‘‘Research, Develop25 ment, Test and Evaluation, Army’’, $1,500,000, to remain 
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1 available until September 30, 2017: Provided, That such 

2 amount is designated by the Congress for Overseas Contin3 gency Operations/Global War on Terrorism pursuant to sec4 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer5 gency Deficit Control Act of 1985. 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

7 For an additional amount for ‘‘Research, Develop8 ment, Test and Evaluation, Navy’’, $35,747,000, to remain 

9 available until September 30, 2017: Provided, That such 

10 amount is designated by the Congress for Overseas Contin11 gency Operations/Global War on Terrorism pursuant to sec12 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer13 gency Deficit Control Act of 1985. 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

15 FORCE

16 For an additional amount for ‘‘Research, Develop17 ment, Test and Evaluation, Air Force’’, $17,100,000, to re18 main available until September 30, 2017: 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 and 

22 Emergency Deficit Control Act of 1985. 
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 DEFENSE-WIDE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Defense-Wide’’, $177,087,000, 

5 to remain available until September 30, 2017: Provided, 

6 That such amount is designated by the Congress for Over7 seas Contingency Operations/Global War on Terrorism pur8 suant to section 251(b)(2)(A)(ii) of the Balanced Budget 

9 and Emergency Deficit Control Act of 1985. 

10 REVOLVING AND MANAGEMENT FUNDS 

11 DEFENSE WORKING CAPITAL FUNDS

12 For an additional amount for ‘‘Defense Working Cap13 ital Funds’’, $88,850,000: Provided, That such amount is 

14 designated 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 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

19 DEFENSE HEALTH PROGRAM

20 For an additional amount for ‘‘Defense Health Pro21 gram’’, $272,704,000, which shall be for operation and 

22 maintenance: Provided, That such amount is designated by 

23 the Congress for Overseas Contingency Operations/Global 

24 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
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1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

4 DEFENSE

5 For an additional amount for ‘‘Drug Interdiction and 

6 Counter-Drug Activities, Defense’’, $186,000,000: Provided, 

7 That such amount is designated by the Congress for Over8 seas Contingency Operations/Global War on Terrorism pur9 suant to section 251(b)(2)(A)(ii) of the Balanced Budget 

10 and Emergency Deficit Control Act of 1985. 

11 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

12 (INCLUDING TRANSFER OF FUNDS)

13 For the ‘‘Joint Improvised Explosive Device Defeat 

14 Fund’’, $349,464,000, to remain available until September 

15 30, 2018: Provided, That such funds shall be available to 

16 the Secretary of Defense, notwithstanding any other provi17 sion of law, for the purpose of allowing the Director of the 

18 Joint Improvised Explosive Device Defeat Organization to 

19 investigate, develop and provide equipment, supplies, serv20 ices, training, facilities, personnel and funds to assist 

21 United States forces in the defeat of improvised explosive 

22 devices: Provided further, That the Secretary of Defense 

23 may transfer funds provided herein to appropriations for 

24 military personnel; operation and maintenance; procure25 ment; research, development, test and evaluation; and de-
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1 fense working capital funds to accomplish the purpose pro2 vided herein: Provided further, That this transfer authority 

3 is in addition to any other transfer authority available to 

4 the Department of Defense: Provided further, That the Sec5 retary of Defense shall, not fewer than 15 days prior to 

6 making transfers from this appropriation, notify the con7 gressional defense committees in writing of the details of 

8 any such transfer: Provided further, That such amount is 

9 designated by the Congress for Overseas Contingency Oper10 ations/Global War on Terrorism pursuant to section 

11 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985. 

13 OFFICE OF THE INSPECTOR GENERAL

14 For an additional amount for the ‘‘Office of the Inspec15 tor General’’, $10,262,000: Provided, That such amount is 

16 designated 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 GENERAL PROVISIONS—THIS TITLE 

21 SEC. 9001. Notwithstanding any other provision of 

22 law, funds made available in this title are in addition to 

23 amounts appropriated or otherwise made available for the 

24 Department of Defense for fiscal year 2016. 
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 9002. Upon the determination of the Secretary 

3 of Defense that such action is necessary in the national in4 terest, the Secretary may, with the approval of the Office 

5 of Management and Budget, transfer up to $4,500,000,000 

6 between the appropriations or funds made available to the 

7 Department of Defense in this title: Provided, That the Sec8 retary shall notify the Congress promptly of each transfer 

9 made pursuant to the authority in this section: Provided 

10 further, That the authority provided in this section is in 

11 addition to any other transfer authority available to the 

12 Department of Defense and is subject to the same terms and 

13 conditions as the authority provided in section 8005 of this 

14 Act. 

15 SEC. 9003. Supervision and administration costs and 

16 costs for design during construction associated with a con17 struction project funded with appropriations available for 

18 operation and maintenance or the ‘‘Afghanistan Security 

19 Forces Fund’’ provided in this Act and executed in direct 

20 support of overseas contingency operations in Afghanistan, 

21 may be obligated at the time a construction contract is 

22 awarded: Provided, That, for the purpose of this section, 

23 supervision and administration costs and costs for design 

24 during construction include all in-house Government costs. 
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1 SEC. 9004. From funds made available in this title, 

2 the Secretary of Defense may purchase for use by military 

3 and civilian employees of the Department of Defense in the 

4 United States Central Command area of responsibility: (1) 

5 passenger motor vehicles up to a limit of $75,000 per vehi6 cle; and (2) heavy and light armored vehicles for the phys7 ical security of personnel or for force protection purposes 

8 up to a limit of $450,000 per vehicle, notwithstanding price 

9 or other limitations applicable to the purchase of passenger 

10 carrying vehicles. 

11 SEC. 9005. Not to exceed $5,000,000 of the amounts 

12 appropriated by this title under the heading ‘‘Operation 

13 and Maintenance, Army’’ may be used, notwithstanding 

14 any other provision of law, to fund the Commanders’ Emer15 gency Response Program (CERP), for the purpose of ena16 bling military commanders in Afghanistan to respond to 

17 urgent, small-scale, humanitarian relief and reconstruction 

18 requirements within their areas of responsibility: Provided, 

19 That each project (including any ancillary or related ele20 ments in connection with such project) executed under this 

21 authority shall not exceed $2,000,000: Provided further, 

22 That not later than 45 days after the end of each 6 months 

23 of the fiscal year, the Secretary of Defense shall submit to 

24 the congressional defense committees a report regarding the 

25 source of funds and the allocation and use of funds during 
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1 that 6-month period that were made available pursuant to 

2 the authority provided in this section or under any other 

3 provision of law for the purposes described herein: Provided 

4 further, That, not later than 30 days after the end of each 

5 fiscal year quarter, the Army shall submit to the congres6 sional defense committees quarterly commitment, obliga7 tion, and expenditure data for the CERP in Afghanistan: 

8 Provided further, That, not less than 15 days before making 

9 funds available pursuant to the authority provided in this 

10 section or under any other provision of law for the purposes 

11 described herein for a project with a total anticipated cost 

12 for completion of $500,000 or more, the Secretary shall sub13 mit to the congressional defense committees a written notice 

14 containing each of the following: 

15 (1) The location, nature and purpose of the pro16 posed project, including how the project is intended to 

17 advance the military campaign plan for the country 

18 in which it is to be carried out. 

19 (2) The budget, implementation timeline with 

20 milestones, and completion date for the proposed 

21 project, including any other CERP funding that has 

22 been or is anticipated to be contributed to the comple23 tion of the project. 

24 (3) A plan for the sustainment of the proposed 

25 project, including the agreement with either the host 
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1 nation, a non-Department of Defense agency of the 

2 United States Government or a third-party contrib3 utor to finance the sustainment of the activities and 

4 maintenance of any equipment or facilities to be pro5 vided through the proposed project. 

6 SEC. 9006. Funds available to the Department of De7 fense for operation and maintenance may be used, notwith8 standing any other provision of law, to provide supplies, 

9 services, transportation, including airlift and sealift, and 

10 other logistical support to coalition forces supporting mili11 tary and stability operations in Afghanistan and to counter 

12 the Islamic State of Iraq and the Levant: Provided, That 

13 the Secretary of Defense shall provide quarterly reports to 

14 the congressional defense committees regarding support pro15 vided under this section. 

16 SEC. 9007. None of the funds appropriated or other17 wise made available by this or any other Act shall be obli18 gated or expended by the United States Government for a 

19 purpose as follows: 

20 (1) To establish any military installation or base 

21 for the purpose of providing for the permanent sta22 tioning of United States Armed Forces in Iraq. 

23 (2) To exercise United States control over any 

24 oil resource of Iraq. 
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1 (3) To establish any military installation or base 

2 for the purpose of providing for the permanent sta3 tioning of United States Armed Forces in Afghani4 stan. 

5 SEC. 9008. None of the funds made available in this 

6 Act may be used in contravention of the following laws en7 acted or regulations promulgated to implement the United 

8 Nations Convention Against Torture and Other Cruel, In9 human or Degrading Treatment or Punishment (done at 

10 New York on December 10, 1984): 

11 (1) Section 2340A of title 18, United States 

12 Code. 

13 (2) Section 2242 of the Foreign Affairs Reform 

14 and Restructuring Act of 1998 (division G of Public 

15 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

16 note) and regulations prescribed thereto, including 

17 regulations under part 208 of title 8, Code of Federal 

18 Regulations, and part 95 of title 22, Code of Federal 

19 Regulations. 

20 (3) Sections 1002 and 1003 of the Department of 

21 Defense, Emergency Supplemental Appropriations to 

22 Address Hurricanes in the Gulf of Mexico, and Pan23 demic Influenza Act, 2006 (Public Law 109–148). 

24 SEC. 9009. None of the funds provided for the ‘‘Afghan25 istan Security Forces Fund’’ (ASFF) may be obligated 
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1 prior to the approval of a financial and activity plan by 

2 the Afghanistan Resources Oversight Council (AROC) of the 

3 Department of Defense: Provided, That the AROC must ap4 prove the requirement and acquisition plan for any service 

5 requirements in excess of $50,000,000 annually and any 

6 non-standard equipment requirements in excess of 

7 $100,000,000 using ASFF: Provided further, That the De8 partment of Defense must certify to the congressional de9 fense committees that the AROC has convened and approved 

10 a process for ensuring compliance with the requirements in 

11 the preceding proviso and accompanying report language 

12 for the ASFF. 

13 SEC. 9010. Funds made available in this title to the 

14 Department of Defense for operation and maintenance may 

15 be used to purchase items having an investment unit cost 

16 of not more than $250,000: Provided, That, upon deter17 mination by the Secretary of Defense that such action is 

18 necessary to meet the operational requirements of a Com19 mander of a Combatant Command engaged in contingency 

20 operations overseas, such funds may be used to purchase 

21 items having an investment item unit cost of not more than 

22 $500,000. 

23 SEC. 9011. From funds made available to the Depart24 ment of Defense in this title under the heading ‘‘Operation 

25 and Maintenance, Air Force’’, up to $80,000,000 may be 
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1 used by the Secretary of Defense, notwithstanding any other 

2 provision of law, to support United States Government 

3 transition activities in Iraq by funding the operations and 

4 activities of the Office of Security Cooperation in Iraq and 

5 security assistance teams, including life support, transpor6 tation and personal security, and facilities renovation and 

7 construction, and site closeout activities prior to returning 

8 sites to the Government of Iraq: Provided, That to the extent 

9 authorized under the National Defense Authorization Act 

10 for Fiscal Year 2016, the operations and activities that may 

11 be carried out by the Office of Security Cooperation in Iraq 

12 may, with the concurrence of the Secretary of State, include 

13 non-operational training activities in support of Iraqi Min14 ister of Defense and Counter Terrorism Service personnel 

15 in an institutional environment to address capability gaps, 

16 integrate processes relating to intelligence, air sovereignty, 

17 combined arms, logistics and maintenance, and to manage 

18 and integrate defense-related institutions: Provided further, 

19 That not later than 30 days following the enactment of this 

20 Act, the Secretary of Defense and the Secretary of State 

21 shall submit to the congressional defense committees a plan 

22 for transitioning any such training activities that they de23 termine are needed after the end of fiscal year 2016, to exist24 ing or new contracts for the sale of defense articles or de25 fense services consistent with the provisions of the Arms Ex-
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1 port Control Act (22 U.S.C. 2751 et seq.): Provided further, 

2 That, not less than 15 days before making funds available 

3 pursuant to the authority provided in this section, the Sec4 retary of Defense shall submit to the congressional defense 

5 committees a written notice containing a detailed justifica6 tion and timeline for the operations and activities of the 

7 Office of Security Cooperation in Iraq at each site where 

8 such operations and activities will be conducted during fis9 cal year 2016 : Provided further, That amounts made avail10 able by this section are designated by the Congress for Over11 seas Contingency Operations/Global War on Terrorism pur12 suant to section 251(b)(2)(A)(ii) of the Balanced Budget 

13 and Emergency Deficit Control Act of 1985. 

14 SEC. 9012. Up to $600,000,000 of funds appropriated 

15 by this Act for the Counterterrorism Partnerships Fund 

16 may be used to provide assistance to the Government of Jor17 dan to support the armed forces of Jordan and to enhance 

18 security along its borders. 

19 SEC. 9013. None of the funds made available by this 

20 Act under the heading ‘‘Iraq Train and Equip Fund’’ may 

21 be used to procure or transfer man-portable air defense sys22 tems. 

23 SEC. 9014. For the ‘‘Ukraine Security Assistance Ini24 tiative’’, $250,000,000 is hereby appropriated, to remain 

25 available until September 30, 2016: Provided, That such 
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1 funds shall be available to the Secretary of Defense, in co2 ordination with the Secretary of State, to provide assist3 ance, including training; equipment; lethal weapons of a 

4 defensive nature; logistics support, supplies and services; 

5 sustainment; and intelligence support to the military and 

6 national security forces of Ukraine, and for replacement of 

7 any weapons or defensive articles provided to the Govern8 ment of Ukraine from the inventory of the United States: 

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

10 less than 15 days prior to obligating funds provided under 

11 this heading, notify the congressional defense committees in 

12 writing of the details of any such obligation: Provided fur13 ther, That the United States may accept equipment pro14 cured using funds provided under this heading in this or 

15 prior Acts that was transferred to the security forces of 

16 Ukraine and returned by such forces to the United States: 

17 Provided further, That equipment procured using funds 

18 provided under this heading in this or prior Acts, and not 

19 yet transferred to the military or National Security Forces 

20 of Ukraine or returned by such forces to the United States, 

21 may be treated as stocks of the Department of Defense upon 

22 written notification to the congressional defense committees: 

23 Provided further, That amounts made available by this sec24 tion are designated by the Congress for Overseas Contin25 gency Operations/Global War on Terrorism pursuant to sec-
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1 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 SEC. 9015. Funds appropriated in this title shall be 

4 available for replacement of funds for items provided to the 

5 Government of Ukraine from the inventory of the United 

6 States to the extent specifically provided for in section 9014 

7 of this Act. 

8 SEC. 9016. None of the funds made available by this 

9 Act under section 9014 for ‘‘Assistance and Sustainment 

10 to the Military and National Security Forces of Ukraine’’ 

11 may be used to procure or transfer man-portable air defense 

12 systems. 

13 SEC. 9017. (a) None of the funds appropriated or oth14 erwise made available by this Act under the heading ‘‘Oper15 ation and Maintenance, Defense-Wide’’ for payments under 

16 section 1233 of Public Law 110–181 for reimbursement to 

17 the Government of Pakistan may be made available unless 

18 the Secretary of Defense, in coordination with the Secretary 

19 of State, certifies to the congressional defense committees 

20 that the Government of Pakistan is— 

21 (1) cooperating with the United States in 

22 counterterrorism efforts against the Haqqani Network, 

23 the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish24 e-Mohammed, Al Qaeda, and other domestic and for25 eign terrorist organizations, including taking steps to 
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1 end support for such groups and prevent them from 

2 basing and operating in Pakistan and carrying out 

3 cross border attacks into neighboring countries; 

4 (2) not supporting terrorist activities against 

5 United States or coalition forces in Afghanistan, and 

6 Pakistan’s military and intelligence agencies are not 

7 intervening extra-judicially into political and judicial 

8 processes in Pakistan; 

9 (3) dismantling improvised explosive device 

10 (IED) networks and interdicting precursor chemicals 

11 used in the manufacture of IEDs; 

12 (4) preventing the proliferation of nuclear-re13 lated material and expertise; 

14 (5) implementing policies to protect judicial 

15 independence and due process of law; 

16 (6) issuing visas in a timely manner for United 

17 States visitors engaged in counterterrorism efforts and 

18 assistance programs in Pakistan; and 

19 (7) providing humanitarian organizations access 

20 to detainees, internally displaced persons, and other 

21 Pakistani civilians affected by the conflict. 

22 (b) The Secretary of Defense, in coordination with the 

23 Secretary of State, may waive the restriction in subsection 

24 (a) on a case-by-case basis by certifying in writing to the 

25 congressional defense committees that it is in the national 
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1 security interest to do so: Provided, That if the Secretary 

2 of Defense, in coordination with the Secretary of State, ex3 ercises such waiver authority, the Secretaries shall report 

4 to the congressional defense committees on both the justifica5 tion for the waiver and on the requirements of this section 

6 that the Government of Pakistan was not able to meet: Pro7 vided further, That such report may be submitted in classi8 fied form if necessary. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 9018. In addition to amounts otherwise made 

11 available in this Act, $500,000,000 is hereby appropriated 

12 to the Department of Defense and made available for trans13 fer only to the operation and maintenance, military per14 sonnel, and procurement accounts, to improve the intel15 ligence, surveillance, and reconnaissance capabilities of the 

16 Department of Defense: Provided, That the transfer author17 ity provided in this section is in addition to any other 

18 transfer authority provided elsewhere in this Act: Provided 

19 further, That not later than 30 days prior to exercising the 

20 transfer authority provided in this section, the Secretary 

21 of Defense shall submit a report to the congressional defense 

22 committees on the proposed uses of these funds: Provided 

23 further, That the funds provided in this section may not 

24 be transferred to any program, project, or activity specifi25 cally limited or denied by this Act: Provided further, That 
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1 amounts made available by this section are designated by 

2 the Congress for Overseas Contingency Operations/Global 

3 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

4 the Balanced Budget and Emergency Deficit Control Act 

5 of 1985: Provided further, That the authority to provide 

6 funding under this section shall terminate on September 30, 

7 2016. 

8 SEC. 9019. None of the funds made available by this 

9 Act may be used with respect to Syria in contravention of 

10 the War Powers Resolution (50 U.S.C. 1541 et seq.), includ11 ing for the introduction of United States armed or military 

12 forces into hostilities in Syria, into situations in Syria 

13 where imminent involvement in hostilities is clearly indi14 cated by the circumstances, or into Syrian territory, air15 space, or waters while equipped for combat, in contraven16 tion of the congressional consultation and reporting require17 ments of sections 3 and 4 of that law (50 U.S.C. 1542 and 

18 1543). 

19 SEC. 9020. None of the funds in this Act may be made 

20 available for the transfer of additional C–130 cargo aircraft 

21 to the Afghanistan National Security Forces or the Afghani22 stan Air Force until the Department of Defense provides 

23 a report to the congressional defense committees of the Af24 ghanistan Air Force’s medium airlift requirements. The re25 port should identify Afghanistan’s ability to utilize and 
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1 maintain existing medium lift aircraft in the inventory 

2 and the best alternative platform, if necessary, to provide 

3 additional support to the Afghanistan Air Force’s current 

4 medium airlift capacity. 

5 (RESCISSION)

6 SEC. 9021. Of the funds appropriated in Department 

7 of Defense Appropriations Acts, the following funds are 

8 hereby rescinded from the following accounts and programs 

9 in the specified amounts: Provided, That such amounts are 

10 designated by the Congress for Overseas Contingency Oper11 ations/Global War on Terrorism pursuant to section 

12 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985, as amended: 

14 ‘‘Afghanistan Security Forces Fund’’, 2015/2016, 

15 $400,000,000. 

16 This division may be cited as the ‘‘Department of De17 fense Appropriations Act, 2016’’. 
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1 DIVISION D—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 the 

16 collection and study of basic information pertaining to 

17 river and harbor, flood and storm damage reduction, shore 

18 protection, aquatic ecosystem restoration, and related needs; 

19 for surveys and detailed studies, and plans and specifica20 tions of proposed river and harbor, flood and storm damage 

21 reduction, shore protection, and aquatic ecosystem restora22 tion projects, and related efforts prior to construction; for 

23 restudy of authorized projects; and for miscellaneous inves24 tigations, and, when authorized by law, surveys and de25 tailed studies, and plans and specifications of projects prior 
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1 to construction, $121,000,000, to remain available until ex2 pended: Provided, That the Secretary may initiate up to, 

3 but not more than, 10 new study starts during fiscal year 

4 2016: Provided further, That the new study starts will con5 sist of seven studies where the majority of the benefits are 

6 derived from navigation transportation savings or from 

7 flood and storm damage reduction and three studies where 

8 the majority of benefits are derived from environmental res9 toration: Provided further, That the Secretary shall not de10 viate from the new starts proposed in the work plan, once 

11 the plan has been submitted to the Committees on Appro12 priations of the House of Representatives and the Senate. 

13 CONSTRUCTION

14 For expenses necessary for the construction of river 

15 and harbor, flood and storm damage reduction, shore pro16 tection, aquatic ecosystem restoration, and related projects 

17 authorized by law; for conducting detailed studies, and 

18 plans and specifications, of such projects (including those 

19 involving participation by States, local governments, or 

20 private groups) authorized or made eligible for selection by 

21 law (but such detailed studies, and plans and specifications, 

22 shall not constitute a commitment of the Government to 

23 construction); $1,862,250,000, to remain available until ex24 pended; of which such sums as are necessary to cover the 

25 Federal share of construction costs for facilities under the 
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1 Dredged Material Disposal Facilities program shall be de2 rived from the Harbor Maintenance Trust Fund as author3 ized by Public Law 104–303; and of which such sums as 

4 are necessary to cover one-half of the costs of construction, 

5 replacement, rehabilitation, and expansion of inland water6 ways projects shall be derived from the Inland Waterways 

7 Trust Fund, except as otherwise specifically provided for 

8 in law: Provided, That the Secretary may initiate up to, 

9 but not more than, six new construction starts during fiscal 

10 year 2016: Provided further, That the new construction 

11 starts will consist of five projects where the majority of the 

12 benefits are derived from navigation transportation savings 

13 or from flood and storm damage reduction and one project 

14 where the majority of the benefits are derived from environ15 mental restoration: Provided further, That for new con16 struction projects, project cost sharing agreements shall be 

17 executed as soon as practicable but no later than August 

18 31, 2016: Provided further, That no allocation for a new 

19 start shall be considered final and no work allowance shall 

20 be made until the Secretary provides to the Committees on 

21 Appropriations of the House of Representatives and the 

22 Senate an out-year funding scenario demonstrating the af23 fordability of the selected new starts and the impacts on 

24 other projects: Provided further, That the Secretary may not 

25 deviate from the new starts proposed in the work plan, once 
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1 the plan has been submitted to the Committees on Appro2 priations of the House of Representatives and the Senate. 

3 MISSISSIPPI RIVER AND TRIBUTARIES

4 For expenses necessary for flood damage reduction 

5 projects and related efforts in the Mississippi River alluvial 

6 valley below Cape Girardeau, Missouri, as authorized by 

7 law, $345,000,000, to remain available until expended, of 

8 which such sums as are necessary to cover the Federal share 

9 of eligible operation and maintenance costs for inland har10 bors shall be derived from the Harbor Maintenance Trust 

11 Fund. 

12 OPERATION AND MAINTENANCE

13 For expenses necessary for the operation, maintenance, 

14 and care of existing river and harbor, flood and storm dam15 age reduction, aquatic ecosystem restoration, and related 

16 projects authorized by law; providing security for infra17 structure owned or operated by the Corps, including admin18 istrative buildings and laboratories; maintaining harbor 

19 channels provided by a State, municipality, or other public 

20 agency that serve essential navigation needs of general com21 merce, where authorized by law; surveying and charting 

22 northern and northwestern lakes and connecting waters; 

23 clearing and straightening channels; and removing obstruc24 tions to navigation, $3,137,000,000, to remain available 

25 until expended, of which such sums as are necessary to cover 
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1 the Federal share of eligible operation and maintenance 

2 costs for coastal harbors and channels, and for inland har3 bors shall be derived from the Harbor Maintenance Trust 

4 Fund; of which such sums as become available from the spe5 cial account for the Corps of Engineers established by the 

6 Land and Water Conservation Fund Act of 1965 shall be 

7 derived from that account for resource protection, research, 

8 interpretation, and maintenance activities related to re9 source protection in the areas at which outdoor recreation 

10 is available; and of which such sums as become available 

11 from fees collected under section 217 of Public Law 104– 

12 303 shall be used to cover the cost of operation and mainte13 nance of the dredged material disposal facilities for which 

14 such fees have been collected: Provided, That 1 percent of 

15 the total amount of funds provided for each of the programs, 

16 projects, or activities funded under this heading shall not 

17 be allocated to a field operating activity prior to the begin18 ning of the fourth quarter of the fiscal year and shall be 

19 available for use by the Chief of Engineers to fund such 

20 emergency activities as the Chief of Engineers determines 

21 to be necessary and appropriate, and that the Chief of Engi22 neers shall allocate during the fourth quarter any remain23 ing funds which have not been used for emergency activities 

24 proportionally in accordance with the amounts provided for 

25 the programs, projects, or activities. 
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1 REGULATORY PROGRAM

2 For expenses necessary for administration of laws per3 taining 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, $112,000,000, to remain available until expended. 

11 FLOOD CONTROL AND COASTAL EMERGENCIES

12 For expenses necessary to prepare for flood, hurricane, 

13 and other natural disasters and support emergency oper14 ations, repairs, and other activities in response to such dis15 asters as authorized by law, $28,000,000, to remain avail16 able until expended. 

17 EXPENSES

18 For expenses necessary for the supervision and general 

19 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 oper22 ation of the Humphreys Engineer Center Support Activity, 

23 the Institute for Water Resources, the United States Army 

24 Engineer Research and Development Center, and the 

25 United States Army Corps of Engineers Finance Center al-
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1 locable to the civil works program, $179,000,000, to remain 

2 available until September 30, 2017, of which not to exceed 

3 $5,000 may be used for official reception and representation 

4 purposes and only during the current fiscal year: Provided, 

5 That no part of any other appropriation provided in this 

6 title shall be available to fund the civil works activities of 

7 the Office of the Chief of Engineers or the civil works execu8 tive direction and management activities of the division of9 fices: Provided further, That any Flood Control and Coastal 

10 Emergencies appropriation may be used to fund the super11 vision and general administration of emergency operations, 

12 repairs, and other activities in response to any flood, hurri13 cane, or other natural disaster. 

14 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR

15 CIVIL WORKS

16 For the Office of the Assistant Secretary of the Army 

17 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 

18 $4,750,000, to remain available until September 30, 2017: 

19 Provided, That not more than 50 percent of such amount 

20 may be obligated or expended until the Assistant Secretary 

21 submits to the Committees on Appropriations of both 

22 Houses of Congress a work plan that allocates at least 95 

23 percent of the additional funding provided under each head24 ing in this title (as designated under such heading in the 

25 explanatory statement described in section 4 (in the matter 
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1 preceding division A of this consolidated Act)) to specific 

2 programs, projects, or activities. 

3 GENERAL PROVISIONS—CORPS OF ENGINEERS— 

4 CIVIL 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 101. (a) None of the funds provided in title I 

7 of this Act, or provided by previous appropriations Acts 

8 to the agencies or entities funded in title I of this Act that 

9 remain available for obligation or expenditure in fiscal year 

10 2016, shall be available for obligation or expenditure 

11 through a 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 or personnel for any pro16 gram, project, or activity for which funds have been 

17 denied or restricted by this Act, unless prior approval 

18 is received from the House and Senate Committees on 

19 Appropriations; 

20 (4) proposes to use funds directed for a specific 

21 activity for a different purpose, unless prior approval 

22 is received from the House and Senate Committees on 

23 Appropriations; 

24 (5) augments or reduces existing programs, 

25 projects, or activities in excess of the amounts con-
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1 tained in paragraphs (6) through (10), unless prior 

2 approval is received from the House and Senate Com3 mittees on Appropriations; 

4 (6) INVESTIGATIONS.—For a base level over 

5 $100,000, reprogramming of 25 percent of the base 

6 amount up to a limit of $150,000 per project, study 

7 or activity is allowed: Provided, That for a base level 

8 less than $100,000, the reprogramming limit is 

9 $25,000: Provided further, That up to $25,000 may be 

10 reprogrammed into any continuing study or activity 

11 that did not receive an appropriation for existing ob12 ligations and concomitant administrative expenses; 

13 (7) CONSTRUCTION.—For a base level over 

14 $2,000,000, reprogramming of 15 percent of the base 

15 amount up to a limit of $3,000,000 per project, study 

16 or activity is allowed: Provided, That for a base level 

17 less than $2,000,000, the reprogramming limit is 

18 $300,000: Provided further, That up to $3,000,000 

19 may be reprogrammed for settled contractor claims, 

20 changed conditions, or real estate deficiency judg21 ments: Provided further, That up to $300,000 may be 

22 reprogrammed into any continuing study or activity 

23 that did not receive an appropriation for existing ob24 ligations and concomitant administrative expenses; 
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1 (8) OPERATION AND MAINTENANCE.—Unlimited 

2 reprogramming authority is granted for the Corps to 

3 be able to respond to emergencies: Provided, That the 

4 Chief of Engineers shall notify the House and Senate 

5 Committees on Appropriations of these emergency ac6 tions as soon thereafter as practicable: Provided fur7 ther, That for a base level over $1,000,000, re8 programming of 15 percent of the base amount up to 

9 a limit of $5,000,000 per project, study, or activity 

10 is allowed: Provided further, That for a base level less 

11 than $1,000,000, the reprogramming limit is 

12 $150,000: Provided further, That $150,000 may be re13 programmed into any continuing study or activity 

14 that did not receive an appropriation; 

15 (9) MISSISSIPPI RIVER AND TRIBUTARIES.—The 

16 reprogramming guidelines in paragraphs (6), (7), 

17 and (8) shall apply to the Investigations, Construc18 tion, and Operation and Maintenance portions of the 

19 Mississippi River and Tributaries Account, respec20 tively; and 

21 (10) FORMERLY UTILIZED SITES REMEDIAL AC22 TION PROGRAM.—Reprogramming of up to 15 percent 

23 of the base of the receiving project is permitted. 
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1 (b) DE MINIMUS REPROGRAMMINGS.—In no case 

2 should a reprogramming for less than $50,000 be submitted 

3 to the House and Senate Committees on Appropriations. 

4 (c) CONTINUING AUTHORITIES PROGRAM.—Subsection 

5 (a)(1) shall not apply to any project or activity funded 

6 under the continuing authorities program. 

7 (d) Not later than 60 days after the date of enactment 

8 of this Act, the Secretary shall submit a report to the House 

9 and Senate Committees on Appropriations to establish the 

10 baseline for application of reprogramming and transfer au11 thorities for the current fiscal year which shall include: 

12 (1) A table for each appropriation with a sepa13 rate column to display the President’s budget request, 

14 adjustments made by Congress, adjustments due to 

15 enacted rescissions, if applicable, and the fiscal year 

16 enacted level; 

17 (2) A delineation in the table for each appro18 priation both by object class and program, project 

19 and activity as detailed in the budget appendix for 

20 the respective appropriations; and 

21 (3) An identification of items of special congres22 sional interest. 

23 SEC. 102. The Secretary shall allocate funds made 

24 available in this Act solely in accordance with the provi25 sions of this Act and the explanatory statement described 
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1 in section 4 (in the matter preceding division A of this con2 solidated Act), including the determination and designation 

3 of new starts. 

4 SEC. 103. None of the funds made available in this 

5 title may be used to award or modify any contract that 

6 commits funds beyond the amounts appropriated for that 

7 program, project, or activity that remain unobligated, ex8 cept that such amounts may include any funds that have 

9 been made available through reprogramming pursuant to 

10 section 101. 

11 SEC. 104. The Secretary of the Army may transfer to 

12 the Fish and Wildlife Service, and the Fish and Wildlife 

13 Service may accept and expend, up to $5,400,000 of funds 

14 provided in this title under the heading ‘‘Operation and 

15 Maintenance’’ to mitigate for fisheries lost due to Corps of 

16 Engineers projects. 

17 SEC. 105. None of the funds made available in this 

18 or any other Act making appropriations for Energy and 

19 Water Development for any fiscal year may be used by the 

20 Corps of Engineers during the fiscal year ending September 

21 30, 2016, to develop, adopt, implement, administer, or en22 force any change to the regulations in effect on October 1, 

23 2012, pertaining to the definitions of the terms ‘‘fill mate24 rial’’ or ‘‘discharge of fill material’’ for the purposes of the 
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1 Federal Water Pollution Control Act (33 U.S.C. 1251 et 

2 seq.). 

3 SEC. 106. None of the funds in this Act shall be used 

4 for an open lake placement alternative of dredged material, 

5 after evaluating the least costly, environmentally acceptable 

6 manner for the disposal or management of dredged material 

7 originating from Lake Erie or tributaries thereto, unless it 

8 is approved under a State water quality certification pur9 suant to 33 U.S.C. 1341. 

10 SEC. 107. (a) Not later than 180 days after the date 

11 of enactment of this Act, the Secretary shall execute a trans12 fer agreement with the South Florida Water Management 

13 District for the project identified as the ‘‘Ten Mile Creek 

14 Water Preserve Area Critical Restoration Project’’, carried 

15 out under section 528(b)(3) of the Water Resources Develop16 ment Act of 1996 (110 Stat. 3768). 

17 (b) The transfer agreement under subsection (a) shall 

18 require the South Florida Water Management District to 

19 operate the transferred project as an environmental restora20 tion project to provide water storage and water treatment 

21 options. 

22 (c) Upon execution of the transfer agreement under 

23 subsection (a), the Ten Mile Creek Water Preserve Area 

24 Critical Restoration Project shall no longer be authorized 

25 as a Federal project. 
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1 SEC. 108. None of the funds made available in this 

2 title may be used for any acquisition that is not consistent 

3 with 48 CFR 225.7007. 

4 SEC. 109. None of the funds made available by this 

5 Act may be used to continue the study conducted by the 

6 Army Corps of Engineers pursuant to section 5018(a)(1) 

7 of the Water Resources Development Act of 2007 (Public 

8 Law 110–114). 

9 SEC. 110. None of the funds made available by this 

10 Act may be used to require a permit for the discharge of 

11 dredged or fill material under the Federal Water Pollution 

12 Control Act (33 U.S.C. 1251, et seq.) for the activities iden13 tified in subparagraphs (A) and (C) of section 404(f)(1) of 

14 the Act (33 U.S.C. 1344(f)(1)(A), (C)). 

15 TITLE II 

16 DEPARTMENT OF THE INTERIOR 

17 CENTRAL UTAH PROJECT

18 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

19 For carrying out activities authorized by the Central 

20 Utah Project Completion Act, $10,000,000, to remain avail21 able until expended, of which $1,000,000 shall be deposited 

22 into the Utah Reclamation Mitigation and Conservation 

23 Account for use by the Utah Reclamation Mitigation and 

24 Conservation Commission: Provided, That of the amount 

25 provided under this heading, $1,350,000 shall be available 
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1 until September 30, 2017, for expenses necessary in car2 rying out related responsibilities of the Secretary of the In3 terior: Provided further, That for fiscal year 2016, of the 

4 amount made available to the Commission under this Act 

5 or any other Act, the Commission may use an amount not 

6 to exceed $1,500,000 for administrative expenses. 

7 BUREAU OF RECLAMATION

8 The following appropriations shall be expended to exe9 cute authorized functions of the Bureau of Reclamation: 

10 WATER AND RELATED RESOURCES

11 (INCLUDING TRANSFERS OF FUNDS)

12 For management, development, and restoration of 

13 water and related natural resources and for related activi14 ties, including the operation, maintenance, and rehabilita15 tion of reclamation and other facilities, participation in 

16 fulfilling related Federal responsibilities to Native Ameri17 cans, and related grants to, and cooperative and other 

18 agreements with, State and local governments, federally rec19 ognized Indian tribes, and others, $1,118,972,000, to re20 main available until expended, of which $22,000 shall be 

21 available for transfer to the Upper Colorado River Basin 

22 Fund and $5,899,000 shall be available for transfer to the 

23 Lower Colorado River Basin Development Fund; of which 

24 such amounts as may be necessary may be advanced to the 

25 Colorado River Dam Fund: Provided, That such transfers 
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1 may be increased or decreased within the overall appropria2 tion under this heading: Provided further, That of the total 

3 appropriated, the amount for program activities that can 

4 be financed by the Reclamation Fund or the Bureau of Rec5 lamation special fee account established by 16 U.S.C. 6806 

6 shall be derived from that Fund or account: Provided fur7 ther, That funds contributed under 43 U.S.C. 395 are avail8 able until expended for the purposes for which the funds 

9 were contributed: Provided further, That funds advanced 

10 under 43 U.S.C. 397a shall be credited to this account and 

11 are available until expended for the same purposes as the 

12 sums appropriated under this heading: Provided further, 

13 That of the amounts provided herein, funds may be used 

14 for high-priority projects which shall be carried out by the 

15 Youth Conservation Corps, as authorized by 16 U.S.C. 

16 1706. 

17 CENTRAL VALLEY PROJECT RESTORATION FUND

18 For carrying out the programs, projects, plans, habitat 

19 restoration, improvement, and acquisition provisions of the 

20 Central Valley Project Improvement Act, $49,528,000, to be 

21 derived from such sums as may be collected in the Central 

22 Valley Project Restoration Fund pursuant to sections 

23 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 

24 to remain available until expended: Provided, That the Bu25 reau of Reclamation is directed to assess and collect the full 
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1 amount of the additional mitigation and restoration pay2 ments authorized by section 3407(d) of Public Law 102– 

3 575: Provided further, That none of the funds made avail4 able under this heading may be used for the acquisition or 

5 leasing of water for in-stream purposes if the water is al6 ready committed to in-stream purposes by a court adopted 

7 decree or order. 

8 CALIFORNIA BAY-DELTA RESTORATION

9 (INCLUDING TRANSFERS OF FUNDS)

10 For carrying out activities authorized by the Water 

11 Supply, Reliability, and Environmental Improvement Act, 

12 consistent with plans to be approved by the Secretary of 

13 the Interior, $37,000,000, to remain available until ex14 pended, of which such amounts as may be necessary to 

15 carry out such activities may be transferred to appropriate 

16 accounts of other participating Federal agencies to carry 

17 out authorized purposes: Provided, That funds appro18 priated herein may be used for the Federal share of the costs 

19 of CALFED Program management: Provided further, That 

20 CALFED implementation shall be carried out in a bal21 anced manner with clear performance measures dem22 onstrating concurrent progress in achieving the goals and 

23 objectives of the Program. 
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1 POLICY AND ADMINISTRATION

2 For expenses necessary for policy, administration, and 

3 related functions in the Office of the Commissioner, the 

4 Denver office, and offices in the five regions of the Bureau 

5 of Reclamation, to remain available until September 30, 

6 2017, $59,500,000, to be derived from the Reclamation 

7 Fund and be nonreimbursable as provided in 43 U.S.C. 

8 377: Provided, That no part of any other appropriation in 

9 this Act shall be available for activities or functions budg10 eted as policy and administration expenses. 

11 ADMINISTRATIVE PROVISION

12 Appropriations for the Bureau of Reclamation shall 

13 be available for purchase of not to exceed five passenger 

14 motor vehicles, which are for replacement only. 

15 GENERAL PROVISIONS—DEPARTMENT OF THE 

16 INTERIOR 

17 SEC. 201. (a) None of the funds provided in title II 

18 of this Act for Water and Related Resources, or provided 

19 by previous appropriations Acts to the agencies or entities 

20 funded in title II of this Act for Water and Related Re21 sources that remain available for obligation or expenditure 

22 in fiscal year 2016, shall be available for obligation or ex23 penditure through a reprogramming of funds that— 

24 (1) initiates or creates a new program, project, 

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

2 (3) increases funds for any program, project, or 

3 activity for which funds have been denied or restricted 

4 by this Act, unless prior approval is received from the 

5 Committees on Appropriations of the House of Rep6 resentatives and the Senate; 

7 (4) restarts or resumes any program, project or 

8 activity for which funds are not provided in this Act, 

9 unless prior approval is received from the Committees 

10 on Appropriations of the House of Representatives 

11 and the Senate; 

12 (5) transfers funds in excess of the following lim13 its, unless prior approval is received from the Com14 mittees on Appropriations of the House of Represent15 atives and the Senate: 

16 (A) 15 percent for any program, project or 

17 activity for which $2,000,000 or more is avail18 able at the beginning of the fiscal year; or 

19 (B) $300,000 for any program, project or 

20 activity for which less than $2,000,000 is avail21 able at the beginning of the fiscal year; 

22 (6) transfers more than $500,000 from either the 

23 Facilities Operation, Maintenance, and Rehabilita24 tion category or the Resources Management and De25 velopment category to any program, project, or activ-
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•HR 2029 EAH 

1 ity in the other category, unless prior approval is re2 ceived from the Committees on Appropriations of the 

3 House of Representatives and the Senate; or 

4 (7) transfers, where necessary to discharge legal 

5 obligations of the Bureau of Reclamation, more than 

6 $5,000,000 to provide adequate funds for settled con7 tractor claims, increased contractor earnings due to 

8 accelerated rates of operations, and real estate defi9 ciency judgments, unless prior approval is received 

10 from the Committees on Appropriations of the House 

11 of Representatives and the Senate. 

12 (b) Subsection (a)(5) shall not apply to any transfer 

13 of funds within the Facilities Operation, Maintenance, and 

14 Rehabilitation category. 

15 (c) For purposes of this section, the term transfer 

16 means any movement of funds into or out of a program, 

17 project, or activity. 

18 (d) The Bureau of Reclamation shall submit reports 

19 on a quarterly basis to the Committees on Appropriations 

20 of the House of Representatives and the Senate detailing 

21 all the funds reprogrammed between programs, projects, ac22 tivities, or categories of funding. The first quarterly report 

23 shall be submitted not later than 60 days after the date of 

24 enactment of this Act. 
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1 SEC. 202. (a) None of the funds appropriated or other2 wise made available by this Act may be used to determine 

3 the final point of discharge for the interceptor drain for 

4 the San Luis Unit until development by the Secretary of 

5 the Interior and the State of California of a plan, which 

6 shall conform to the water quality standards of the State 

7 of California as approved by the Administrator of the Envi8 ronmental Protection Agency, to minimize any detrimental 

9 effect of the San Luis drainage waters. 

10 (b) The costs of the Kesterson Reservoir Cleanup Pro11 gram and the costs of the San Joaquin Valley Drainage 

12 Program shall be classified by the Secretary of the Interior 

13 as reimbursable or nonreimbursable and collected until fully 

14 repaid pursuant to the ‘‘Cleanup Program—Alternative 

15 Repayment Plan’’ and the ‘‘SJVDP—Alternative Repay16 ment Plan’’ described in the report entitled ‘‘Repayment 

17 Report, Kesterson Reservoir Cleanup Program and San 

18 Joaquin Valley Drainage Program, February 1995’’, pre19 pared by the Department of the Interior, Bureau of Rec20 lamation. Any future obligations of funds by the United 

21 States relating to, or providing for, drainage service or 

22 drainage studies for the San Luis Unit shall be fully reim23 bursable by San Luis Unit beneficiaries of such service or 

24 studies pursuant to Federal reclamation law. 
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1 SEC. 203. The Reclamation Safety of Dams Act of 

2 1978 is amended by— 

3 (1) striking ‘‘Construction’’ and inserting ‘‘Ex4 cept as provided in section 5B, construction’’ in sec5 tion 3; and 

6 (2) inserting after section 5A (43 U.S.C. 509a) 

7 the following: 

8 ‘‘SEC. 5B. Notwithstanding section 3, if the Secretary, 

9 in her judgment, determines that additional project benefits, 

10 including but not limited to additional conservation storage 

11 capacity, are necessary and in the interests of the United 

12 States and the project and are feasible and not inconsistent 

13 with the purposes of this Act, the Secretary is authorized 

14 to develop additional project benefits through the construc15 tion of new or supplementary works on a project in con16 junction with the Secretary’s activities under section 2 of 

17 this Act and subject to the conditions described in the feasi18 bility study, provided a cost share agreement related to the 

19 additional project benefits is reached among non-Federal 

20 and Federal funding participants and the costs associated 

21 with developing the additional project benefits are allocated 

22 exclusively among beneficiaries of the additional project 

23 benefits and repaid consistent with all provisions of Federal 

24 Reclamation law (the Act of June 17, 1902, 43 U.S.C. 371 
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1 et seq.) and acts supplemental to and amendatory of that 

2 Act.’’. 

3 SEC. 204. Section 5 of the Reclamation Safety of Dams 

4 Act of 1978 (43 U.S.C. 509) is amended in the first sen5 tence— 

6 (a) by inserting ‘‘and effective October 1, 2015, not to 

7 exceed an additional $1,100,000,000 (October 1, 2003, price 

8 levels),’’ after ‘‘(October 1, 2003, price levels),’’; 

9 (b) in the proviso— 

10 (1) by striking ‘‘$1,250,000’’ and inserting 

11 ‘‘$20,000,000’’; and 

12 (2) by striking ‘‘Congress’’ and inserting ‘‘Com13 mittee on Natural Resources of the House of Rep14 resentatives and the Committee on Energy and Nat15 ural Resources of the Senate’’; and 

16 (3) by adding at the end the following: ‘‘For 

17 modification expenditures between $1,800,000 and 

18 $20,000,000 (October 1, 2015, price levels), the Sec19 retary of the Interior shall, at least 30 days before the 

20 date on which the funds are expended, submit written 

21 notice of the expenditures to the Committee on Nat22 ural Resources of the House of Representatives and 

23 Committee on Energy and Natural Resources of the 

24 Senate that provides a summary of the project, the 
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1 cost of the project, and any alternatives that were 

2 considered.’’. 

3 SEC. 205. The Secretary of the Interior, acting through 

4 the Commissioner of Reclamation, shall— 

5 (1) complete the feasibility studies described in 

6 clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of 

7 Public Law 108–361 (118 Stat. 1684) and submit 

8 such studies to the appropriate committees of the 

9 House of Representatives and the Senate not later 

10 than December 31, 2015; 

11 (2) complete the feasibility studies described in 

12 clauses (i)(II) and (ii)(I) of section 103(d)(1)(A) of 

13 Public Law 108–361 and submit such studies to the 

14 appropriate committees of the House of Representa15 tives and the Senate not later than November 30, 

16 2016; 

17 (3) complete the feasibility study described in 

18 section 103(f)(1)(A) of Public Law 108–361 (118 

19 Stat. 1694) and submit such study to the appropriate 

20 committees of the House of Representatives and the 

21 Senate not later than December 31, 2017; and 

22 (4) provide a progress report on the status of the 

23 feasibility studies referred to in paragraphs (1) 

24 through (3) to the appropriate committees of the 

25 House of Representatives and the Senate not later 
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1 than 90 days after the date of the enactment of this 

2 Act and each 180 days thereafter until December 31, 

3 2017, as applicable. The report shall include timelines 

4 for study completion, draft environmental impact 

5 statements, final environmental impact statements, 

6 and Records of Decision. 

7 SEC. 206. Section 9504(e) of the Secure Water Act of 

8 2009 (42 U.S.C. 10364(e)) is amended by striking 

9 ‘‘$300,000,000’’ and inserting ‘‘$350,000,000’’. 

10 SEC. 207. Title I of Public Law 108–361 (the Calfed 

11 Bay-Delta Authorization Act) (118 Stat. 1681), as amended 

12 by section 210 of Public Law 111–85, is amended by strik13 ing ‘‘2016’’ each place it appears and inserting ‘‘2017’’. 

14 TITLE III 

15 DEPARTMENT OF ENERGY 

16 ENERGY PROGRAMS 

17 ENERGY EFFICIENCY AND RENEWABLE ENERGY

18 (INCLUDING TRANSFER OF FUNDS)

19 For Department of Energy expenses including the pur20 chase, construction, and acquisition of plant and capital 

21 equipment, and other expenses necessary for energy effi22 ciency and renewable energy activities in carrying out the 

23 purposes of the Department of Energy Organization Act (42 

24 U.S.C. 7101 et seq.), including the acquisition or con25 demnation of any real property or any facility or for plant 
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1 or facility acquisition, construction, or expansion, 

2 $2,073,000,000, to remain available until expended: Pro3 vided, That of such amount, $155,000,000 shall be available 

4 until September 30, 2017, for program direction: Provided 

5 further, That of the amount provided under this heading, 

6 the Secretary may transfer up to $45,000,000 to the Defense 

7 Production Act Fund for activities of the Department of 

8 Energy pursuant to the Defense Production Act of 1950 (50 

9 U.S.C. App. 2061, et seq.). 

10 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

11 For Department of Energy expenses including the pur12 chase, construction, and acquisition of plant and capital 

13 equipment, and other expenses necessary for electricity de14 livery and energy reliability activities in carrying out the 

15 purposes of the Department of Energy Organization Act (42 

16 U.S.C. 7101 et seq.), including the acquisition or con17 demnation of any real property or any facility or for plant 

18 or facility acquisition, construction, or expansion, 

19 $206,000,000, to remain available until expended: Pro20 vided, That of such amount, $28,000,000 shall be available 

21 until September 30, 2017, for program direction. 

22 NUCLEAR ENERGY

23 For Department of Energy expenses including the pur24 chase, construction, and acquisition of plant and capital 

25 equipment, and other expenses necessary for nuclear energy 
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1 activities in carrying out the purposes of the Department 

2 of Energy Organization Act (42 U.S.C. 7101 et seq.), in3 cluding the acquisition or condemnation of any real prop4 erty or any facility or for plant or facility acquisition, con5 struction, or expansion, $986,161,000, to remain available 

6 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. 

10 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

11 For Department of Energy expenses necessary in car12 rying out fossil energy research and development activities, 

13 under the authority of the Department of Energy Organiza14 tion Act (42 U.S.C. 7101 et seq.), including the acquisition 

15 of interest, including defeasible and equitable interests in 

16 any real property or any facility or for plant or facility 

17 acquisition or expansion, and for conducting inquiries, 

18 technological investigations and research concerning the ex19 traction, processing, use, and disposal of mineral substances 

20 without objectionable social and environmental costs (30 

21 U.S.C. 3, 1602, and 1603), $632,000,000, to remain avail22 able until expended: Provided, That of such amount 

23 $114,202,000 shall be available until September 30, 2017, 

24 for program direction. 
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1 NAVAL PETROLEUM AND OIL SHALE RESERVES

2 For Department of Energy expenses necessary to carry 

3 out naval petroleum and oil shale reserve activities, 

4 $17,500,000, to remain available until expended: Provided, 

5 That notwithstanding any other provision of law, unobli6 gated funds remaining from prior years shall be available 

7 for all naval petroleum and oil shale reserve activities. 

8 STRATEGIC PETROLEUM RESERVE

9 For Department of Energy expenses necessary for 

10 Strategic Petroleum Reserve facility development and oper11 ations and program management activities pursuant to the 

12 Energy Policy and Conservation Act (42 U.S.C. 6201 et 

13 seq.), $212,000,000, to remain available until expended. 

14 NORTHEAST HOME HEATING OIL RESERVE

15 For Department of Energy expenses necessary for 

16 Northeast Home Heating Oil Reserve storage, operation, 

17 and management activities pursuant to the Energy Policy 

18 and Conservation Act (42 U.S.C. 6201 et seq.), $7,600,000, 

19 to remain available until expended. 

20 ENERGY INFORMATION ADMINISTRATION

21 For Department of Energy expenses necessary in car22 rying out the activities of the Energy Information Adminis23 tration, $122,000,000, to remain available until expended. 
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1 NON-DEFENSE ENVIRONMENTAL CLEANUP

2 For Department of Energy expenses, including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment and other expenses necessary for non-defense 

5 environmental cleanup activities in carrying out the pur6 poses of the Department of Energy Organization Act (42 

7 U.S.C. 7101 et seq.), including the acquisition or con8 demnation of any real property or any facility or for plant 

9 or facility acquisition, construction, or expansion, 

10 $255,000,000, to remain available until expended. 

11 URANIUM ENRICHMENT DECONTAMINATION AND

12 DECOMMISSIONING FUND

13 For Department of Energy expenses necessary in car14 rying out uranium enrichment facility decontamination 

15 and decommissioning, remedial actions, and other activities 

16 of title II of the Atomic Energy Act of 1954, and title X, 

17 subtitle A, of the Energy Policy Act of 1992, $673,749,000, 

18 to be derived from the Uranium Enrichment Decontamina19 tion and Decommissioning Fund, to remain available until 

20 expended, of which $32,959,000 shall be available in accord21 ance with title X, subtitle A, of the Energy Policy Act of 

22 1992. 

23 SCIENCE

24 For Department of Energy expenses including the pur25 chase, construction, and acquisition of plant and capital 
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1 equipment, and other expenses necessary for science activi2 ties in carrying out the purposes of the Department of En3 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

4 the acquisition or condemnation of any real property or 

5 facility or for plant or facility acquisition, construction, or 

6 expansion, and purchase of not more than 17 passenger 

7 motor vehicles for replacement only, including one ambu8 lance and one bus, $5,350,200,000, to remain available 

9 until expended: Provided, That of such amount, 

10 $185,000,000 shall be available until September 30, 2017, 

11 for program direction: Provided further, That of such 

12 amount, not more than $115,000,000 shall be made avail13 able for the in-kind contributions and related support ac14 tivities of ITER: Provided further, That not later than May 

15 2, 2016, the Secretary of Energy shall submit to the Com16 mittees on Appropriations of both Houses of Congress a re17 port recommending either that the United States remain 

18 a partner in the ITER project after October 2017 or termi19 nate participation, which shall include, as applicable, an 

20 estimate of either the full cost, by fiscal year, of all future 

21 Federal funding requirements for construction, operation, 

22 and maintenance of ITER or the cost of termination. 

23 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

24 For Department of Energy expenses necessary in car25 rying out the activities authorized by section 5012 of the 
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1 America COMPETES Act (Public Law 110–69), 

2 $291,000,000, to remain available until expended: Pro3 vided, That of such amount, $29,250,000 shall be available 

4 until September 30, 2017, for program direction. 

5 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

6 PROGRAM

7 Such sums as are derived from amounts received from 

8 borrowers pursuant to section 1702(b) of the Energy Policy 

9 Act of 2005 under this heading in prior Acts, shall be col10 lected in accordance with section 502(7) of the Congres11 sional Budget Act of 1974: Provided, That for necessary ad12 ministrative expenses to carry out this Loan Guarantee 

13 program, $42,000,000 is appropriated, to remain available 

14 until September 30, 2017: Provided further, That 

15 $25,000,000 of the fees collected pursuant to section 1702(h) 

16 of the Energy Policy Act of 2005 shall be credited as offset17 ting collections to this account to cover administrative ex18 penses and shall remain available until expended, so as to 

19 result in a final fiscal year 2016 appropriation from the 

20 general fund estimated at not more than $17,000,000: Pro21 vided further, That fees collected under section 1702(h) in 

22 excess of the amount appropriated for administrative ex23 penses shall not be available until appropriated: Provided 

24 further, That the Department of Energy shall not subordi25 nate any loan obligation to other financing in violation of 
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1 section 1702 of the Energy Policy Act of 2005 or subordi2 nate any Guaranteed Obligation to any loan or other debt 

3 obligations in violation of section 609.10 of title 10, Code 

4 of Federal Regulations. 

5 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

6 LOAN PROGRAM

7 For Department of Energy administrative expenses 

8 necessary in carrying out the Advanced Technology Vehicles 

9 Manufacturing Loan Program, $6,000,000, to remain 

10 available until September 30, 2017. 

11 DEPARTMENTAL ADMINISTRATION

12 For salaries and expenses of the Department of Energy 

13 necessary for departmental administration in carrying out 

14 the purposes of the Department of Energy Organization Act 

15 (42 U.S.C. 7101 et seq.), $248,142,000, to remain available 

16 until September 30, 2017, including the hire of passenger 

17 motor vehicles and official reception and representation ex18 penses not to exceed $30,000, plus such additional amounts 

19 as necessary to cover increases in the estimated amount of 

20 cost of work for others notwithstanding the provisions of 

21 the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, 

22 That such increases in cost of work are offset by revenue 

23 increases of the same or greater amount: Provided further, 

24 That moneys received by the Department for miscellaneous 

25 revenues estimated to total $117,171,000 in fiscal year 2016 
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1 may be retained and used for operating expenses within this 

2 account, as authorized by section 201 of Public Law 95– 

3 238, notwithstanding the provisions of 31 U.S.C. 3302: Pro4 vided further, That the sum herein appropriated shall be 

5 reduced as collections are received during the fiscal year 

6 so as to result in a final fiscal year 2016 appropriation 

7 from the general fund estimated at not more than 

8 $130,971,000: Provided further, That of the total amount 

9 made available under this heading, $31,297,000 is for En10 ergy Policy and Systems Analysis. 

11 OFFICE OF THE INSPECTOR GENERAL

12 For expenses necessary for the Office of the Inspector 

13 General in carrying out the provisions of the Inspector Gen14 eral Act of 1978, $46,424,000, to remain available until 

15 September 30, 2017. 

16 ATOMIC ENERGY DEFENSE ACTIVITIES 

17 NATIONAL NUCLEAR SECURITY ADMINISTRATION 

18 WEAPONS ACTIVITIES

19 For Department of Energy expenses, including the 

20 purchase, construction, and acquisition of plant and cap21 ital equipment and other incidental expenses necessary for 

22 atomic energy defense weapons activities in carrying out 

23 the purposes of the Department of Energy Organization Act 

24 (42 U.S.C. 7101 et seq.), including the acquisition or con25 demnation of any real property or any facility or for plant 
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•HR 2029 EAH 

1 or facility acquisition, construction, or expansion, 

2 $8,846,948,000, to remain available until expended: Pro3 vided, That of such amount, $97,118,000 shall be available 

4 until September 30, 2017, for program direction: Provided 

5 further, That funding made available under this heading 

6 may be made available for project engineering and design 

7 for the Albuquerque Complex Project. 

8 DEFENSE NUCLEAR NONPROLIFERATION

9 For Department of Energy expenses, including the 

10 purchase, construction, and acquisition of plant and cap11 ital equipment and other incidental expenses necessary for 

12 defense nuclear nonproliferation activities, in carrying out 

13 the purposes of the Department of Energy Organization Act 

14 (42 U.S.C. 7101 et seq.), including the acquisition or con15 demnation of any real property or any facility or for plant 

16 or facility acquisition, construction, or expansion, 

17 $1,940,302,000, to remain available until expended. 

18 NAVAL REACTORS

19 For Department of Energy expenses necessary for 

20 naval reactors activities to carry out the Department of En21 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

22 the acquisition (by purchase, condemnation, construction, 

23 or otherwise) of real property, plant, and capital equip24 ment, facilities, and facility expansion, $1,375,496,000, to 

25 remain available until expended: Provided, That of such 
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1 amount, $42,504,000 shall be available until September 30, 

2 2017, for program direction. 

3 FEDERAL SALARIES AND EXPENSES

4 (INCLUDING RESCISSION OF FUNDS)

5 For expenses necessary for Federal Salaries and Ex6 penses in the National Nuclear Security Administration, 

7 $383,666,000, to remain available until September 30, 

8 2017, including official reception and representation ex9 penses not to exceed $12,000: Provided, That of the unobli10 gated balances from prior year appropriations available 

11 under this heading, $19,900,000 is hereby rescinded: Pro12 vided further, That no amounts may be rescinded from 

13 amounts that were designated by the Congress as an emer14 gency requirement pursuant to a concurrent resolution on 

15 the budget or the Balanced Budget and Emergency Deficit 

16 Control Act of 1985. 

17 ENVIRONMENTAL AND OTHER DEFENSE 

18 ACTIVITIES 

19 DEFENSE ENVIRONMENTAL CLEANUP

20 For Department of Energy expenses, including the 

21 purchase, construction, and acquisition of plant and cap22 ital equipment and other expenses necessary for atomic en23 ergy defense environmental cleanup activities in carrying 

24 out the purposes of the Department of Energy Organization 

25 Act (42 U.S.C. 7101 et seq.), including the acquisition or 
404 

•HR 2029 EAH 

1 condemnation of any real property or any facility or for 

2 plant or facility acquisition, construction, or expansion, 

3 and the purchase of not to exceed one fire apparatus pump4 er truck and one armored vehicle for replacement only, 

5 $5,289,742,000, to remain available until expended: Pro6 vided, That of such amount $281,951,000 shall be available 

7 until September 30, 2017, for program direction. 

8 OTHER DEFENSE ACTIVITIES

9 For Department of Energy expenses, including the 

10 purchase, construction, and acquisition of plant and cap11 ital equipment and other expenses, necessary for atomic en12 ergy defense, other defense activities, and classified activi13 ties, in carrying out the purposes of the Department of En14 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

15 the acquisition or condemnation of any real property or 

16 any facility or for plant or facility acquisition, construc17 tion, or expansion, $776,425,000, to remain available until 

18 expended: Provided, That of such amount, $249,137,000 

19 shall be available until September 30, 2017, for program 

20 direction. 

21 POWER MARKETING ADMINISTRATIONS 

22 BONNEVILLE POWER ADMINISTRATION FUND

23 Expenditures from the Bonneville Power Administra24 tion Fund, established pursuant to Public Law 93–454, are 

25 approved for the Shoshone Paiute Trout Hatchery, the Spo-
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•HR 2029 EAH 

1 kane Tribal Hatchery, the Snake River Sockeye Weirs and, 

2 in addition, for official reception and representation ex3 penses in an amount not to exceed $5,000: Provided, That 

4 during fiscal year 2016, no new direct loan obligations may 

5 be made. 

6 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

7 ADMINISTRATION

8 For expenses necessary for operation and maintenance 

9 of power transmission facilities and for marketing electric 

10 power and energy, including transmission wheeling and 

11 ancillary services, pursuant to section 5 of the Flood Con12 trol Act of 1944 (16 U.S.C. 825s), as applied to the south13 eastern power area, $6,900,000, including official reception 

14 and representation expenses in an amount not to exceed 

15 $1,500, to remain available until expended: Provided, That 

16 notwithstanding 31 U.S.C. 3302 and section 5 of the Flood 

17 Control Act of 1944, up to $6,900,000 collected by the 

18 Southeastern Power Administration from the sale of power 

19 and related services shall be credited to this account as dis20 cretionary offsetting collections, to remain available until 

21 expended for the sole purpose of funding the annual ex22 penses of the Southeastern Power Administration: Provided 

23 further, That the sum herein appropriated for annual ex24 penses shall be reduced as collections are received during 

25 the fiscal year so as to result in a final fiscal year 2016 
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•HR 2029 EAH 

1 appropriation estimated at not more than $0: Provided fur2 ther, That notwithstanding 31 U.S.C. 3302, up to 

3 $66,500,000 collected by the Southeastern Power Adminis4 tration pursuant to the Flood Control Act of 1944 to recover 

5 purchase power and wheeling expenses shall be credited to 

6 this account as offsetting collections, to remain available 

7 until expended for the sole purpose of making purchase 

8 power and wheeling expenditures: Provided further, That 

9 for purposes of this appropriation, annual expenses means 

10 expenditures that are generally recovered in the same year 

11 that they are incurred (excluding purchase power and 

12 wheeling expenses). 

13 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

14 ADMINISTRATION

15 For expenses necessary for operation and maintenance 

16 of power transmission facilities and for marketing electric 

17 power and energy, for construction and acquisition of 

18 transmission lines, substations and appurtenant facilities, 

19 and for administrative expenses, including official recep20 tion and representation expenses in an amount not to ex21 ceed $1,500 in carrying out section 5 of the Flood Control 

22 Act of 1944 (16 U.S.C. 825s), as applied to the South23 western Power Administration, $47,361,000, to remain 

24 available until expended: Provided, That notwithstanding 

25 31 U.S.C. 3302 and section 5 of the Flood Control Act of 
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•HR 2029 EAH 

1 1944 (16 U.S.C. 825s), up to $35,961,000 collected by the 

2 Southwestern Power Administration from the sale of power 

3 and related services shall be credited to this account as dis4 cretionary offsetting collections, to remain available until 

5 expended, for the sole purpose of funding the annual ex6 penses of the Southwestern Power Administration: Provided 

7 further, That the sum herein appropriated for annual ex8 penses shall be reduced as collections are received during 

9 the fiscal year so as to result in a final fiscal year 2016 

10 appropriation estimated at not more than $11,400,000: 

11 Provided further, That notwithstanding 31 U.S.C. 3302, up 

12 to $63,000,000 collected by the Southwestern Power Admin13 istration pursuant to the Flood Control Act of 1944 to re14 cover purchase power and wheeling expenses shall be cred15 ited to this account as offsetting collections, to remain avail16 able until expended for the sole purpose of making purchase 

17 power and wheeling expenditures: Provided further, That 

18 for purposes of this appropriation, annual expenses means 

19 expenditures that are generally recovered in the same year 

20 that they are incurred (excluding purchase power and 

21 wheeling expenses). 

22 CONSTRUCTION, REHABILITATION, OPERATION AND

23 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

24 For carrying out the functions authorized by title III, 

25 section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
408 

•HR 2029 EAH 

1 7152), and other related activities including conservation 

2 and renewable resources programs as authorized, 

3 $307,714,000, including official reception and representa4 tion expenses in an amount not to exceed $1,500, to remain 

5 available until expended, of which $302,000,000 shall be de6 rived from the Department of the Interior Reclamation 

7 Fund: Provided, That notwithstanding 31 U.S.C. 3302, sec8 tion 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 

9 and section 1 of the Interior Department Appropriation 

10 Act, 1939 (43 U.S.C. 392a), up to $214,342,000 collected 

11 by the Western Area Power Administration from the sale 

12 of power and related services shall be credited to this ac13 count as discretionary offsetting collections, to remain 

14 available until expended, for the sole purpose of funding 

15 the annual expenses of the Western Area Power Administra16 tion: Provided further, That the sum herein appropriated 

17 for annual expenses shall be reduced as collections are re18 ceived during the fiscal year so as to result in a final fiscal 

19 year 2016 appropriation estimated at not more than 

20 $93,372,000, of which $87,658,000 is derived from the Rec21 lamation Fund: Provided further, That notwithstanding 31 

22 U.S.C. 3302, up to $352,813,000 collected by the Western 

23 Area Power Administration pursuant to the Flood Control 

24 Act of 1944 and the Reclamation Project Act of 1939 to 

25 recover purchase power and wheeling expenses shall be cred-
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•HR 2029 EAH 

1 ited to this account as offsetting collections, to remain avail2 able until expended for the sole purpose of making purchase 

3 power and wheeling expenditures: Provided further, That 

4 for purposes of this appropriation, annual expenses means 

5 expenditures that are generally recovered in the same year 

6 that they are incurred (excluding purchase power and 

7 wheeling expenses). 

8 FALCON AND AMISTAD OPERATING AND MAINTENANCE

9 FUND

10 For operation, maintenance, and emergency costs for 

11 the hydroelectric facilities at the Falcon and Amistad 

12 Dams, $4,490,000, to remain available until expended, and 

13 to be derived from the Falcon and Amistad Operating and 

14 Maintenance Fund of the Western Area Power Administra15 tion, as provided in section 2 of the Act of June 18, 1954 

16 (68 Stat. 255): Provided, That notwithstanding the provi17 sions of that Act and of 31 U.S.C. 3302, up to $4,262,000 

18 collected by the Western Area Power Administration from 

19 the sale of power and related services from the Falcon and 

20 Amistad Dams shall be credited to this account as discre21 tionary offsetting collections, to remain available until ex22 pended for the sole purpose of funding the annual expenses 

23 of the hydroelectric facilities of these Dams and associated 

24 Western Area Power Administration activities: Provided 

25 further, That the sum herein appropriated for annual ex-
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•HR 2029 EAH 

1 penses shall be reduced as collections are received during 

2 the fiscal year so as to result in a final fiscal year 2016 

3 appropriation estimated at not more than $228,000: Pro4 vided further, That for purposes of this appropriation, an5 nual expenses means expenditures that are generally recov6 ered in the same year that they are incurred: Provided fur7 ther, That for fiscal year 2016, the Administrator of the 

8 Western Area Power Administration may accept up to 

9 $460,000 in funds contributed by United States power cus10 tomers of the Falcon and Amistad Dams for deposit into 

11 the Falcon and Amistad Operating and Maintenance Fund, 

12 and such funds shall be available for the purpose for which 

13 contributed in like manner as if said sums had been specifi14 cally appropriated for such purpose: Provided further, That 

15 any such funds shall be available without further appro16 priation and without fiscal year limitation for use by the 

17 Commissioner of the United States Section of the Inter18 national Boundary and Water Commission for the sole pur19 pose of operating, maintaining, repairing, rehabilitating, 

20 replacing, or upgrading the hydroelectric facilities at these 

21 Dams in accordance with agreements reached between the 

22 Administrator, Commissioner, and the power customers. 
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1 FEDERAL ENERGY REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 For expenses necessary for the Federal Energy Regu4 latory Commission to carry out the provisions of the De5 partment of Energy Organization Act (42 U.S.C. 7101 et 

6 seq.), including services as authorized by 5 U.S.C. 3109, 

7 official reception and representation expenses not to exceed 

8 $3,000, and the hire of passenger motor vehicles, 

9 $319,800,000, to remain available until expended: Pro10 vided, That notwithstanding any other provision of law, not 

11 to exceed $319,800,000 of revenues from fees and annual 

12 charges, and other services and collections in fiscal year 

13 2016 shall be retained and used for expenses necessary in 

14 this account, and shall remain available until expended: 

15 Provided further, That the sum herein appropriated from 

16 the general fund shall be reduced as revenues are received 

17 during fiscal year 2016 so as to result in a final fiscal year 

18 2016 appropriation from the general fund estimated at not 

19 more than $0. 

20 GENERAL PROVISIONS—DEPARTMENT OF 

21 ENERGY 

22 (INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)

23 SEC. 301. (a) No appropriation, funds, or authority 

24 made available by this title for the Department of Energy 

25 shall be used to initiate or resume any program, project, 
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1 or activity or to prepare or initiate Requests For Proposals 

2 or similar arrangements (including Requests for 

3 Quotations, Requests for Information, and Funding Oppor4 tunity Announcements) for a program, project, or activity 

5 if the program, project, or activity has not been funded by 

6 Congress. 

7 (b)(1) Unless the Secretary of Energy notifies the Com8 mittees on Appropriations of both Houses of Congress at 

9 least 3 full business days in advance, none of the funds 

10 made available in this title may be used to— 

11 (A) make a grant allocation or discretionary 

12 grant award totaling $1,000,000 or more; 

13 (B) make a discretionary contract award or 

14 Other Transaction Agreement totaling $1,000,000 or 

15 more, including a contract covered by the Federal Ac16 quisition Regulation; 

17 (C) issue a letter of intent to make an allocation, 

18 award, or Agreement in excess of the limits in sub19 paragraph (A) or (B); or 

20 (D) announce publicly the intention to make an 

21 allocation, award, or Agreement in excess of the limits 

22 in subparagraph (A) or (B). 

23 (2) The Secretary of Energy shall submit to the Com24 mittees on Appropriations of both Houses of Congress with25 in 15 days of the conclusion of each quarter a report detail-
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1 ing each grant allocation or discretionary grant award to2 taling less than $1,000,000 provided during the previous 

3 quarter. 

4 (3) The notification required by paragraph (1) and the 

5 report required by paragraph (2) shall include the recipient 

6 of the award, the amount of the award, the fiscal year for 

7 which the funds for the award were appropriated, the ac8 count and program, project, or activity from which the 

9 funds are being drawn, the title of the award, and a brief 

10 description of the activity for which the award is made. 

11 (c) The Department of Energy may not, with respect 

12 to any program, project, or activity that uses budget au13 thority made available in this title under the heading ‘‘De14 partment of Energy—Energy Programs’’, enter into a 

15 multiyear contract, award a multiyear grant, or enter into 

16 a multiyear cooperative agreement unless— 

17 (1) the contract, grant, or cooperative agreement 

18 is funded for the full period of performance as antici19 pated at the time of award; or 

20 (2) the contract, grant, or cooperative agreement 

21 includes a clause conditioning the Federal Govern22 ment’s obligation on the availability of future year 

23 budget authority and the Secretary notifies the Com24 mittees on Appropriations of both Houses of Congress 

25 at least 3 days in advance. 
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1 (d) Except as provided in subsections (e), (f), and (g), 

2 the amounts made available by this title shall be expended 

3 as authorized by law for the programs, projects, and activi4 ties specified in the ‘‘Final Bill’’ column in the ‘‘Depart5 ment of Energy’’ table included under the heading ‘‘Title 

6 III—Department of Energy’’ in the explanatory statement 

7 described in section 4 (in the matter preceding division A 

8 of this consolidated Act). 

9 (e) The amounts made available by this title may be 

10 reprogrammed for any program, project, or activity, and 

11 the Department shall notify the Committees on Appropria12 tions of both Houses of Congress at least 30 days prior to 

13 the use of any proposed reprogramming that would cause 

14 any program, project, or activity funding level to increase 

15 or decrease by more than $5,000,000 or 10 percent, which16 ever is less, during the time period covered by this Act. 

17 (f) None of the funds provided in this title shall be 

18 available for obligation or expenditure through a re19 programming of funds that— 

20 (1) creates, initiates, or eliminates a program, 

21 project, or activity; 

22 (2) increases funds or personnel for any pro23 gram, project, or activity for which funds are denied 

24 or restricted by this Act; or 
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1 (3) reduces funds that are directed to be used for 

2 a specific program, project, or activity by this Act. 

3 (g)(1) The Secretary of Energy may waive any re4 quirement or restriction in this section that applies to the 

5 use of funds made available for the Department of Energy 

6 if compliance with such requirement or restriction would 

7 pose a substantial risk to human health, the environment, 

8 welfare, or national security. 

9 (2) The Secretary of Energy shall notify the Commit10 tees on Appropriations of both Houses of Congress of any 

11 waiver under paragraph (1) as soon as practicable, but not 

12 later than 3 days after the date of the activity to which 

13 a requirement or restriction would otherwise have applied. 

14 Such notice shall include an explanation of the substantial 

15 risk under paragraph (1) that permitted such waiver. 

16 SEC. 302. The unexpended balances of prior appro17 priations provided for activities in this Act may be avail18 able to the same appropriation accounts for such activities 

19 established pursuant to this title. Available balances may 

20 be merged with funds in the applicable established accounts 

21 and thereafter may be accounted for as one fund for the 

22 same time period as originally enacted. 

23 SEC. 303. Funds appropriated by this or any other 

24 Act, or made available by the transfer of funds in this Act, 

25 for intelligence activities are deemed to be specifically au-
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1 thorized by the Congress for purposes of section 504 of the 

2 National Security Act of 1947 (50 U.S.C. 3094) during fis3 cal year 2016 until the enactment of the Intelligence Au4 thorization Act for fiscal year 2016. 

5 SEC. 304. None of the funds made available in this 

6 title shall be used for the construction of facilities classified 

7 as high-hazard nuclear facilities under 10 CFR Part 830 

8 unless independent oversight is conducted by the Office of 

9 Independent Enterprise Assessments to ensure the project 

10 is in compliance with nuclear safety requirements. 

11 SEC. 305. None of the funds made available in this 

12 title may be used to approve critical decision-2 or critical 

13 decision-3 under Department of Energy Order 413.3B, or 

14 any successive departmental guidance, for construction 

15 projects where the total project cost exceeds $100,000,000, 

16 until a separate independent cost estimate has been devel17 oped for the project for that critical decision. 

18 SEC. 306. Notwithstanding section 301(c) of this Act, 

19 none of the funds made available under the heading ‘‘De20 partment of Energy—Energy Programs—Science’’ in this 

21 or any subsequent Energy and Water Development and Re22 lated Agencies appropriations Act for any fiscal year may 

23 be used for a multiyear contract, grant, cooperative agree24 ment, or Other Transaction Agreement of $1,000,000 or less 

25 unless the contract, grant, cooperative agreement, or Other 
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1 Transaction Agreement is funded for the full period of per2 formance as anticipated at the time of award. 

3 SEC. 307. (a) None of the funds made available in this 

4 or any prior Act under the heading ‘‘Defense Nuclear Non5 proliferation’’ may be made available to enter into new con6 tracts with, or new agreements for Federal assistance to, 

7 the Russian Federation. 

8 (b) The Secretary of Energy may waive the prohibition 

9 in subsection (a) if the Secretary determines that such ac10 tivity is in the national security interests of the United 

11 States. This waiver authority may not be delegated. 

12 (c) A waiver under subsection (b) shall not be effective 

13 until 15 days after the date on which the Secretary submits 

14 to the Committees on Appropriations of both Houses of Con15 gress, in classified form if necessary, a report on the jus16 tification for the waiver. 

17 SEC. 308. (a) NEW REGIONAL RESERVES.—The Sec18 retary of Energy may not establish any new regional petro19 leum product reserve unless funding for the proposed re20 gional petroleum product reserve is explicitly requested in 

21 advance in an annual budget submission and approved by 

22 the Congress in an appropriations Act. 

23 (b) The budget request or notification shall include— 

24 (1) the justification for the new reserve; 
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1 (2) a cost estimate for the establishment, oper2 ation, and maintenance of the reserve, including 

3 funding sources; 

4 (3) a detailed plan for operation of the reserve, 

5 including the conditions upon which the products 

6 may be released; 

7 (4) the location of the reserve; and 

8 (5) the estimate of the total inventory of the re9 serve. 

10 SEC. 309. Of the amounts made available by this Act 

11 for ‘‘National Nuclear Security Administration—Weapons 

12 Activities’’, up to $50,000,000 may be reprogrammed with13 in such account for Domestic Uranium Enrichment, subject 

14 to the notice requirement in section 301(e). 

15 SEC. 310. (a) Unobligated balances available from ap16 propriations are hereby rescinded from the following ac17 counts of the Department of Energy in the specified 

18 amounts: 

19 (1) ‘‘Energy Programs—Energy Efficiency and Re20 newable Energy’’, $1,355,149.00 from Public Law 110–161; 

21 $627,299.24 from Public Law 111–8; and $1,824,051.94 

22 from Public Law 111–85. 

23 (2) ‘‘Energy Programs—Science’’, $3,200,000.00. 

24 (b) No amounts may be rescinded by this section from 

25 amounts that were designated by the Congress as an emer-
419 

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1 gency requirement pursuant to a concurrent resolution on 

2 the budget or the Balanced Budget and Emergency Deficit 

3 Control Act of 1985. 

4 SEC. 311. Notwithstanding any other provision of law, 

5 the provisions of 40 U.S.C. 11319 shall not apply to funds 

6 appropriated in this title to Federally Funded Research 

7 and Development Centers sponsored by the Department of 

8 Energy. 

9 SEC. 312. None of the funds made available in this 

10 Act may be used— 

11 (1) to implement or enforce section 430.32(x) of 

12 title 10, Code of Federal Regulations; or 

13 (2) to implement or enforce the standards estab14 lished by the tables contained in section 325(i)(1)(B) 

15 of the Energy Policy and Conservation Act (42 U.S.C. 

16 6295(i)(1)(B)) with respect to BPAR incandescent re17 flector lamps, BR incandescent reflector lamps, and 

18 ER incandescent reflector lamps. 

19 SEC. 313. (a) Of the funds appropriated in prior Acts 

20 under the headings ‘‘Fossil Energy Research and Develop21 ment’’ and ‘‘Clean Coal Technology’’ for prior solicitations 

22 under the Clean Coal Power Initiative and FutureGen, not 

23 less than $160,000,000 from projects selected under such so24 licitations that have not reached financial close and have 

25 not secured funding sufficient to construct the project prior 
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1 to 30 days after the date of enactment of this Act shall be 

2 deobligated, if necessary, shall be utilized for previously se3 lected demonstration projects under such solicitations that 

4 have reached financial close or have otherwise secured fund5 ing sufficient to construct the project prior to 30 days after 

6 the date of enactment of this Act, and shall be allocated 

7 among such projects in proportion to the total financial 

8 contribution by the recipients to those projects stipulated 

9 in their respective cooperative agreements. 

10 (b) Funds utilized pursuant to subsection (a) shall be 

11 administered in accordance with the provisions in the Act 

12 in which the funds for those demonstration projects were 

13 originally appropriated, except that financial assistance for 

14 costs in excess of those estimated as of the date of award 

15 of the original financial assistance may be provided in ex16 cess of the proportion of costs borne by the Government in 

17 the original agreement and shall not be limited to 25 per18 cent of the original financial assistance. 

19 (c) No amounts may be repurposed pursuant to this 

20 section from amounts that were designated by the Congress 

21 as an emergency requirement pursuant to a concurrent res22 olution on the budget or the Balanced Budget and Emer23 gency Deficit Control Act of 1985. 

24 (d) This section shall be fully implemented not later 

25 than 60 days after the date of enactment of this Act. 
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1 TITLE IV 

2 INDEPENDENT AGENCIES 

3 APPALACHIAN REGIONAL COMMISSION

4 For expenses necessary to carry out the programs au5 thorized by the Appalachian Regional Development Act of 

6 1965, notwithstanding 40 U.S.C. 14704, and for expenses 

7 necessary for the Federal Co-Chairman and the Alternate 

8 on the Appalachian Regional Commission, for payment of 

9 the Federal share of the administrative expenses of the Com10 mission, including services as authorized by 5 U.S.C. 3109, 

11 and hire of passenger motor vehicles, $146,000,000, to re12 main available until expended. 

13 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

14 SALARIES AND EXPENSES

15 For expenses necessary for the Defense Nuclear Facili16 ties Safety Board in carrying out activities authorized by 

17 the Atomic Energy Act of 1954, as amended by Public Law 

18 100–456, section 1441, $29,150,000, to remain available 

19 until September 30, 2017. 

20 DELTA REGIONAL AUTHORITY

21 SALARIES AND EXPENSES

22 For expenses necessary for the Delta Regional Author23 ity and to carry out its activities, as authorized by the 

24 Delta Regional Authority Act of 2000, notwithstanding sec-
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1 tions 382C(b)(2), 382F(d), 382M, and 382N of said Act, 

2 $25,000,000, to remain available until expended. 

3 DENALI COMMISSION

4 For expenses necessary for the Denali Commission in5 cluding the purchase, construction, and acquisition of plant 

6 and capital equipment as necessary and other expenses, 

7 $11,000,000, to remain available until expended, notwith8 standing the limitations contained in section 306(g) of the 

9 Denali Commission Act of 1998: Provided, That funds shall 

10 be available for construction projects in an amount not to 

11 exceed 80 percent of total project cost for distressed commu12 nities, as defined by section 307 of the Denali Commission 

13 Act of 1998 (division C, title III, Public Law 105–277), 

14 as amended by section 701 of appendix D, title VII, Public 

15 Law 106–113 (113 Stat. 1501A–280), and an amount not 

16 to exceed 50 percent for non-distressed communities. 

17 NORTHERN BORDER REGIONAL COMMISSION

18 For expenses necessary for the Northern Border Re19 gional Commission in carrying out activities authorized by 

20 subtitle V of title 40, United States Code, $7,500,000, to 

21 remain available until expended: Provided, That such 

22 amounts shall be available for administrative expenses, not23 withstanding section 15751(b) of title 40, United States 

24 Code. 
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1 SOUTHEAST CRESCENT REGIONAL COMMISSION

2 For expenses necessary for the Southeast Crescent Re3 gional Commission in carrying out activities authorized by 

4 subtitle V of title 40, United States Code, $250,000, to re5 main available until expended. 

6 NUCLEAR REGULATORY COMMISSION

7 SALARIES AND EXPENSES

8 For expenses necessary for the Commission in carrying 

9 out the purposes of the Energy Reorganization Act of 1974 

10 and the Atomic Energy Act of 1954, $990,000,000, includ11 ing official representation expenses not to exceed $25,000, 

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

13 amount appropriated herein, not more than $7,500,000 

14 may be made available for salaries, travel, and other sup15 port costs for the Office of the Commission, to remain avail16 able until September 30, 2017, of which, notwithstanding 

17 section 201(a)(2)(c) of the Energy Reorganization Act of 

18 1974 (42 U.S.C. 5841(a)(2)(c)), the use and expenditure 

19 shall only be approved by a majority vote of the Commis20 sion: Provided further, That revenues from licensing fees, 

21 inspection services, and other services and collections esti22 mated at $872,864,000 in fiscal year 2016 shall be retained 

23 and used for necessary salaries and expenses in this ac24 count, notwithstanding 31 U.S.C. 3302, and shall remain 

25 available until expended: Provided further, That the sum 
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1 herein appropriated shall be reduced by the amount of reve2 nues received during fiscal year 2016 so as to result in a 

3 final fiscal year 2016 appropriation estimated at not more 

4 than $117,136,000: Provided further, That of the amounts 

5 appropriated under this heading, $10,000,000 shall be for 

6 university research and development in areas relevant to 

7 their respective organization’s mission, and $5,000,000 

8 shall be for a Nuclear Science and Engineering Grant Pro9 gram that will support multiyear projects that do not align 

10 with programmatic missions but are critical to maintain11 ing the discipline of nuclear science and engineering. 

12 OFFICE OF INSPECTOR GENERAL

13 For expenses necessary for the Office of Inspector Gen14 eral in carrying out the provisions of the Inspector General 

15 Act of 1978, $12,136,000, to remain available until Sep16 tember 30, 2017: Provided, That revenues from licensing 

17 fees, inspection services, and other services and collections 

18 estimated at $10,060,000 in fiscal year 2016 shall be re19 tained and be available until September 30, 2017, for nec20 essary salaries and expenses in this account, notwith21 standing section 3302 of title 31, United States Code: Pro22 vided further, That the sum herein appropriated shall be 

23 reduced by the amount of revenues received during fiscal 

24 year 2016 so as to result in a final fiscal year 2016 appro25 priation estimated at not more than $2,076,000: Provided 
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1 further, That of the amounts appropriated under this head2 ing, $958,000 shall be for Inspector General services for the 

3 Defense Nuclear Facilities Safety Board, which shall not 

4 be available from fee revenues. 

5 NUCLEAR WASTE TECHNICAL REVIEW BOARD

6 SALARIES AND EXPENSES

7 For expenses necessary for the Nuclear Waste Tech8 nical Review Board, as authorized by Public Law 100–203, 

9 section 5051, $3,600,000, to be derived from the Nuclear 

10 Waste Fund, to remain available until September 30, 2017. 

11 GENERAL PROVISIONS—INDEPENDENT 

12 AGENCIES 

13 SEC. 401. The Nuclear Regulatory Commission shall 

14 comply with the July 5, 2011, version of Chapter VI of its 

15 Internal Commission Procedures when responding to Con16 gressional requests for information. 

17 SEC. 402. (a) The amounts made available by this title 

18 for the Nuclear Regulatory Commission may be repro19 grammed for any program, project, or activity, and the 

20 Commission shall notify the Committees on Appropriations 

21 of both Houses of Congress at least 30 days prior to the 

22 use of any proposed reprogramming that would cause any 

23 program funding level to increase or decrease by more than 

24 $500,000 or 10 percent, whichever is less, during the time 

25 period covered by this Act. 
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1 (b)(1) The Nuclear Regulatory Commission may waive 

2 the notification requirement in (a) if compliance with such 

3 requirement would pose a substantial risk to human health, 

4 the environment, welfare, or national security. 

5 (2) The Nuclear Regulatory Commission shall notify 

6 the Committees on Appropriations of both Houses of Con7 gress of any waiver under paragraph (1) as soon as prac8 ticable, but not later than 3 days after the date of the activ9 ity to which a requirement or restriction would otherwise 

10 have applied. Such notice shall include an explanation of 

11 the substantial risk under paragraph (1) that permitted 

12 such waiver and shall provide a detailed report to the Com13 mittees of such waiver and changes to funding levels to pro14 grams, projects, or activities. 

15 (c) Except as provided in subsections (a), (b), and (d), 

16 the amounts made available by this title for ‘‘Nuclear Regu17 latory Commission—Salaries and Expenses’’ shall be ex18 pended as directed in the explanatory statement described 

19 in section 4 (in the matter preceding division A of this con20 solidated Act). 

21 (d) None of the funds provided for the Nuclear Regu22 latory Commission shall be available for obligation or ex23 penditure through a reprogramming of funds that increases 

24 funds or personnel for any program, project, or activity for 

25 which funds are denied or restricted by this Act. 
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1 (e) The Commission shall provide a monthly report to 

2 the Committees on Appropriations of both Houses of Con3 gress, which includes the following for each program, 

4 project, or activity, including any prior year appropria5 tions— 

6 (1) total budget authority; 

7 (2) total unobligated balances; and 

8 (3) total unliquidated obligations. 

9 SEC. 403. Public Law 105–277, division A, section 

10 101(g) (title III, section 329(a), (b)) is amended by insert11 ing, in subsection (b), after ‘‘State law’’ and before the pe12 riod the following: ‘‘or for the construction and repair of 

13 barge mooring points and barge landing sites to facilitate 

14 pumping fuel from fuel transport barges into bulk fuel stor15 age tanks.’’. 

16 TITLE V 

17 GENERAL PROVISIONS 

18 SEC. 501. None of the funds appropriated by this Act 

19 may be used in any way, directly or indirectly, to influence 

20 congressional action on any legislation or appropriation 

21 matters pending before Congress, other than to commu22 nicate to Members of Congress as described in 18 U.S.C. 

23 1913. 

24 SEC. 502. (a) None of the funds made available in title 

25 III of this Act may be transferred to any department, agen-
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1 cy, or instrumentality of the United States Government, ex2 cept pursuant to a transfer made by or transfer authority 

3 provided in this Act or any other appropriations Act for 

4 any fiscal year, transfer authority referenced in the explan5 atory statement described in section 4 (in the matter pre6 ceding division A of this consolidated Act), or any authority 

7 whereby a department, agency, or instrumentality of the 

8 United States Government may provide goods or services 

9 to another department, agency, or instrumentality. 

10 (b) None of the funds made available for any depart11 ment, agency, or instrumentality of the United States Gov12 ernment may be transferred to accounts funded in title III 

13 of this Act, except pursuant to a transfer made by or trans14 fer authority provided in this Act or any other appropria15 tions Act for any fiscal year, transfer authority referenced 

16 in the explanatory statement described in section 4 (in the 

17 matter preceding division A of this consolidated Act), or 

18 any authority whereby a department, agency, or instru19 mentality of the United States Government may provide 

20 goods or services to another department, agency, or instru21 mentality. 

22 (c) The head of any relevant department or agency 

23 funded in this Act utilizing any transfer authority shall 

24 submit to the Committees on Appropriations of both Houses 

25 of Congress a semiannual report detailing the transfer au-
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1 thorities, except for any authority whereby a department, 

2 agency, or instrumentality of the United States Government 

3 may provide goods or services to another department, agen4 cy, or instrumentality, used in the previous 6 months and 

5 in the year-to-date. This report shall include the amounts 

6 transferred and the purposes for which they were trans7 ferred, and shall not replace or modify existing notification 

8 requirements for each authority. 

9 SEC. 503. None of the funds made available by this 

10 Act may be used in contravention of Executive Order No. 

11 12898 of February 11, 1994 (Federal Actions to Address 

12 Environmental Justice in Minority Populations and Low13 Income Populations). 

14 This division may be cited as the ‘‘Energy and Water 

15 Development and Related Agencies Appropriations Act, 

16 2016’’. 

17 DIVISION E—FINANCIAL SERVICES AND 

18 GENERAL GOVERNMENT APPROPRIA19 TIONS ACT, 2016 

20 TITLE I 

21 DEPARTMENT OF THE TREASURY 

22 DEPARTMENTAL OFFICES

23 SALARIES AND EXPENSES

24 For necessary expenses of the Departmental Offices in25 cluding operation and maintenance of the Treasury Build-
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1 ing and Annex; hire of passenger motor vehicles; mainte2 nance, repairs, and improvements of, and purchase of com3 mercial insurance policies for, real properties leased or 

4 owned overseas, when necessary for the performance of offi5 cial business; executive direction program activities; inter6 national affairs and economic policy activities; domestic fi7 nance and tax policy activities, including technical assist8 ance to Puerto Rico; and Treasury-wide management poli9 cies and programs activities, $222,500,000: Provided, That 

10 of the amount appropriated under this heading— 

11 (1) not to exceed $350,000 is for official recep12 tion and representation expenses; 

13 (2) not to exceed $258,000 is for unforeseen 

14 emergencies of a confidential nature to be allocated 

15 and expended under the direction of the Secretary of 

16 the Treasury and to be accounted for solely on the 

17 Secretary’s certificate; and 

18 (3) not to exceed $22,200,000 shall remain avail19 able until September 30, 2017, for— 

20 (A) the Treasury-wide Financial Statement 

21 Audit and Internal Control Program; 

22 (B) information technology modernization 

23 requirements; 

24 (C) the audit, oversight, and administration 

25 of the Gulf Coast Restoration Trust Fund; and 
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1 (D) the development and implementation of 

2 programs within the Office of Critical Infra3 structure Protection and Compliance Policy, in4 cluding entering into cooperative agreements. 

5 OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE

6 SALARIES AND EXPENSES

7 For the necessary expenses of the Office of Terrorism 

8 and Financial Intelligence to safeguard the financial sys9 tem against illicit use and to combat rogue nations, ter10 rorist facilitators, weapons of mass destruction 

11 proliferators, money launderers, drug kingpins, and other 

12 national security threats, $117,000,000: Provided, That of 

13 the amount appropriated under this heading: (1) not to ex14 ceed $27,100,000 is available for administrative expenses; 

15 and (2) $5,000,000, to remain available until September 

16 30, 2017. 

17 DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS

18 PROGRAMS

19 (INCLUDING TRANSFER OF FUNDS)

20 For development and acquisition of automatic data 

21 processing equipment, software, and services and for repairs 

22 and renovations to buildings owned by the Department of 

23 the Treasury, $5,000,000, to remain available until Sep24 tember 30, 2018: Provided, That these funds shall be trans25 ferred to accounts and in amounts as necessary to satisfy 
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1 the requirements of the Department’s offices, bureaus, and 

2 other organizations: Provided further, That this transfer 

3 authority shall be in addition to any other transfer author4 ity provided in this Act: Provided further, That none of 

5 the funds appropriated under this heading shall be used to 

6 support or supplement ‘‘Internal Revenue Service, Oper7 ations Support’’ or ‘‘Internal Revenue Service, Business 

8 Systems Modernization’’. 

9 OFFICE OF INSPECTOR GENERAL

10 SALARIES AND EXPENSES

11 For necessary expenses of the Office of Inspector Gen12 eral in carrying out the provisions of the Inspector General 

13 Act of 1978, $35,416,000, including hire of passenger motor 

14 vehicles; of which not to exceed $100,000 shall be available 

15 for unforeseen emergencies of a confidential nature, to be 

16 allocated and expended under the direction of the Inspector 

17 General of the Treasury; of which up to $2,800,000 to re18 main available until September 30, 2017, shall be for audits 

19 and investigations conducted pursuant to section 1608 of 

20 the Resources and Ecosystems Sustainability, Tourist Op21 portunities, and Revived Economies of the Gulf Coast 

22 States Act of 2012 (33 U.S.C. 1321 note); and of which 

23 not to exceed $1,000 shall be available for official reception 

24 and representation expenses. 
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1 TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Treasury Inspector Gen4 eral for Tax Administration in carrying out the Inspector 

5 General Act of 1978, as amended, including purchase and 

6 hire of passenger motor vehicles (31 U.S.C. 1343(b)); and 

7 services authorized by 5 U.S.C. 3109, at such rates as may 

8 be determined by the Inspector General for Tax Administra9 tion; $167,275,000, of which $5,000,000 shall remain avail10 able until September 30, 2017; of which not to exceed 

11 $6,000,000 shall be available for official travel expenses; of 

12 which not to exceed $500,000 shall be available for unfore13 seen emergencies of a confidential nature, to be allocated 

14 and expended under the direction of the Inspector General 

15 for Tax Administration; and of which not to exceed $1,500 

16 shall be available for official reception and representation 

17 expenses. 

18 SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET

19 RELIEF PROGRAM

20 SALARIES AND EXPENSES

21 For necessary expenses of the Office of the Special In22 spector General in carrying out the provisions of the Emer23 gency Economic Stabilization Act of 2008 (Public Law 

24 110–343), $40,671,000. 
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1 FINANCIAL CRIMES ENFORCEMENT NETWORK

2 SALARIES AND EXPENSES

3 For necessary expenses of the Financial Crimes En4 forcement Network, including hire of passenger motor vehi5 cles; travel and training expenses of non-Federal and for6 eign government personnel to attend meetings and training 

7 concerned with domestic and foreign financial intelligence 

8 activities, law enforcement, and financial regulation; serv9 ices authorized by 5 U.S.C. 3109; not to exceed $10,000 for 

10 official reception and representation expenses; and for as11 sistance to Federal law enforcement agencies, with or with12 out reimbursement, $112,979,000, of which not to exceed 

13 $34,335,000 shall remain available until September 30, 

14 2018. 

15 TREASURY FORFEITURE FUND

16 (RESCISSION)

17 Of the unobligated balances available under this head18 ing, $700,000,000 are rescinded. 

19 BUREAU OF THE FISCAL SERVICE

20 SALARIES AND EXPENSES

21 For necessary expenses of operations of the Bureau of 

22 the Fiscal Service, $363,850,000; of which not to exceed 

23 $4,210,000, to remain available until September 30, 2018, 

24 is for information systems modernization initiatives; of 

25 which $5,000 shall be available for official reception and 
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1 representation expenses; and of which not to exceed 

2 $19,800,000, to remain available until September 30, 2018, 

3 is to support the Department’s activities related to imple4 mentation of the Digital Accountability and Transparency 

5 Act (DATA Act; Public Law 113–101), including changes 

6 in business processes, workforce, or information technology 

7 to support high quality, transparent Federal spending in8 formation. 

9 In addition, $165,000, to be derived from the Oil Spill 

10 Liability Trust Fund to reimburse administrative and per11 sonnel expenses for financial management of the Fund, as 

12 authorized by section 1012 of Public Law 101–380. 

13 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

14 SALARIES AND EXPENSES

15 For necessary expenses of carrying out section 1111 

16 of the Homeland Security Act of 2002, including hire of 

17 passenger motor vehicles, $106,439,000; of which not to ex18 ceed $6,000 for official reception and representation ex19 penses; not to exceed $50,000 for cooperative research and 

20 development programs for laboratory services; and provi21 sion of laboratory assistance to State and local agencies 

22 with or without reimbursement: Provided, That of the 

23 amount appropriated under this heading, $5,000,000 shall 

24 be for the costs of accelerating the processing of formula and 

25 label applications. 
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1 UNITED STATES MINT

2 UNITED STATES MINT PUBLIC ENTERPRISE FUND

3 Pursuant to section 5136 of title 31, United States 

4 Code, the United States Mint is provided funding through 

5 the United States Mint Public Enterprise Fund for costs 

6 associated with the production of circulating coins, numis7 matic coins, and protective services, including both oper8 ating expenses and capital investments: Provided, That the 

9 aggregate amount of new liabilities and obligations in10 curred during fiscal year 2016 under such section 5136 for 

11 circulating coinage and protective service capital invest12 ments of the United States Mint shall not exceed 

13 $20,000,000. 

14 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

15 FUND PROGRAM ACCOUNT

16 To carry out the Riegle Community Development and 

17 Regulatory Improvements Act of 1994 (subtitle A of title 

18 I of Public Law 103–325), including services authorized by 

19 section 3109 of title 5, United States Code, but at rates for 

20 individuals not to exceed the per diem rate equivalent to 

21 the rate for EX–3, $233,523,000. Of the amount appro22 priated under this heading— 

23 (1) not less than $153,423,000, notwithstanding 

24 section 108(e) of Public Law 103–325 (12 U.S.C. 

25 4707(e)) with regard to Small and/or Emerging Com-
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1 munity Development Financial Institutions Assist2 ance awards, is available until September 30, 2017, 

3 for financial assistance and technical assistance 

4 under subparagraphs (A) and (B) of section 

5 108(a)(1), respectively, of Public Law 103–325 (12 

6 U.S.C. 4707(a)(1)(A) and (B)), of which up to 

7 $3,102,500 may be used for the cost of direct loans: 

8 Provided, That the cost of direct and guaranteed 

9 loans, including the cost of modifying such loans, 

10 shall be as defined in section 502 of the Congressional 

11 Budget Act of 1974: Provided further, That these 

12 funds are available to subsidize gross obligations for 

13 the principal amount of direct loans not to exceed 

14 $25,000,000; 

15 (2) not less than $15,500,000, notwithstanding 

16 section 108(e) of Public Law 103–325 (12 U.S.C. 

17 4707(e)), is available until September 30, 2017, for fi18 nancial assistance, technical assistance, training and 

19 outreach programs designed to benefit Native Amer20 ican, Native Hawaiian, and Alaskan Native commu21 nities and provided primarily through qualified com22 munity development lender organizations with experi23 ence and expertise in community development bank24 ing and lending in Indian country, Native American 
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1 organizations, tribes and tribal organizations, and 

2 other suitable providers; 

3 (3) not less than $19,000,000 is available until 

4 September 30, 2017, for the Bank Enterprise Award 

5 program; 

6 (4) not less than $22,000,000, notwithstanding 

7 subsections (d) and (e) of section 108 of Public Law 

8 103–325 (12 U.S.C. 4707(d) and (e)), is available 

9 until September 30, 2017, for a Healthy Food Fi10 nancing Initiative to provide financial assistance, 

11 technical assistance, training, and outreach to com12 munity development financial institutions for the 

13 purpose of offering affordable financing and technical 

14 assistance to expand the availability of healthy food 

15 options in distressed communities; 

16 (5) up to $23,600,000 is available until Sep17 tember 30, 2016, for administrative expenses, includ18 ing administration of CDFI fund programs and the 

19 New Markets Tax Credit Program, of which not less 

20 than $1,000,000 is for capacity building to expand 

21 CDFI investments in underserved rural areas, and up 

22 to $300,000 is for administrative expenses to carry 

23 out the direct loan program; and 

24 (6) during fiscal year 2016, none of the funds 

25 available under this heading are available for the 
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1 cost, as defined in section 502 of the Congressional 

2 Budget Act of 1974, of commitments to guarantee 

3 bonds and notes under section 114A of the Riegle 

4 Community Development and Regulatory Improve5 ment Act of 1994 (12 U.S.C. 4713a): Provided, That 

6 commitments to guarantee bonds and notes under 

7 such section 114A shall not exceed $750,000,000: Pro8 vided further, That such section 114A shall remain in 

9 effect until September 30, 2016. 

10 INTERNAL REVENUE SERVICE

11 TAXPAYER SERVICES

12 For necessary expenses of the Internal Revenue Service 

13 to provide taxpayer services, including pre-filing assistance 

14 and education, filing and account services, taxpayer advo15 cacy services, and other services as authorized by 5 U.S.C. 

16 3109, at such rates as may be determined by the Commis17 sioner, $2,156,554,000, of which not less than $6,500,000 

18 shall be for the Tax Counseling for the Elderly Program, 

19 of which not less than $12,000,000 shall be available for 

20 low-income taxpayer clinic grants, and of which not less 

21 than $15,000,000, to remain available until September 30, 

22 2017, shall be available for a Community Volunteer Income 

23 Tax Assistance matching grants program for tax return 

24 preparation assistance, of which not less than $206,000,000 

25 shall be available for operating expenses of the Taxpayer 
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1 Advocate Service: Provided, That of the amounts made 

2 available for the Taxpayer Advocate Service, not less than 

3 $5,000,000 shall be for identity theft casework. 

4 ENFORCEMENT

5 For necessary expenses for tax enforcement activities 

6 of the Internal Revenue Service to determine and collect 

7 owed taxes, to provide legal and litigation support, to con8 duct criminal investigations, to enforce criminal statutes 

9 related to violations of internal revenue laws and other fi10 nancial crimes, to purchase and hire passenger motor vehi11 cles (31 U.S.C. 1343(b)), and to provide other services as 

12 authorized by 5 U.S.C. 3109, at such rates as may be deter13 mined by the Commissioner, $4,860,000,000, of which not 

14 to exceed $50,000,000 shall remain available until Sep15 tember 30, 2017, and of which not less than $60,257,000 

16 shall be for the Interagency Crime and Drug Enforcement 

17 program. 

18 OPERATIONS SUPPORT

19 For necessary expenses of the Internal Revenue Service 

20 to support taxpayer services and enforcement programs, in21 cluding rent payments; facilities services; printing; postage; 

22 physical security; headquarters and other IRS-wide admin23 istration activities; research and statistics of income; tele24 communications; information technology development, en25 hancement, operations, maintenance, and security; the hire 
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1 of passenger motor vehicles (31 U.S.C. 1343(b)); the oper2 ations of the Internal Revenue Service Oversight Board; 

3 and other services as authorized by 5 U.S.C. 3109, at such 

4 rates as may be determined by the Commissioner; 

5 $3,638,446,000, of which not to exceed $50,000,000 shall re6 main available until September 30, 2017; of which not to 

7 exceed $10,000,000 shall remain available until expended 

8 for acquisition of equipment and construction, repair and 

9 renovation of facilities; of which not to exceed $1,000,000 

10 shall remain available until September 30, 2018, for re11 search; of which not to exceed $20,000 shall be for official 

12 reception and representation expenses: Provided, That not 

13 later than 30 days after the end of each quarter, the Inter14 nal Revenue Service shall submit a report to the Committees 

15 on Appropriations of the House of Representatives and the 

16 Senate and the Comptroller General of the United States 

17 detailing the cost and schedule performance for its major 

18 information technology investments, including the purpose 

19 and life-cycle stages of the investments; the reasons for any 

20 cost and schedule variances; the risks of such investments 

21 and strategies the Internal Revenue Service is using to 

22 mitigate such risks; and the expected developmental mile23 stones to be achieved and costs to be incurred in the next 

24 quarter: Provided further, That the Internal Revenue Serv25 ice shall include, in its budget justification for fiscal year 
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1 2017, a summary of cost and schedule performance infor2 mation for its major information technology systems. 

3 BUSINESS SYSTEMS MODERNIZATION

4 For necessary expenses of the Internal Revenue Serv5 ice’s business systems modernization program, 

6 $290,000,000, to remain available until September 30, 

7 2018, for the capital asset acquisition of information tech8 nology systems, including management and related contrac9 tual costs of said acquisitions, including related Internal 

10 Revenue Service labor costs, and contractual costs associ11 ated with operations authorized by 5 U.S.C. 3109: Pro12 vided, That not later than 30 days after the end of each 

13 quarter, the Internal Revenue Service shall submit a report 

14 to the Committees on Appropriations of the House of Rep15 resentatives and the Senate and the Comptroller General 

16 of the United States detailing the cost and schedule perform17 ance for CADE 2 and Modernized e-File information tech18 nology investments, including the purposes and life-cycle 

19 stages of the investments; the reasons for any cost and sched20 ule variances; the risks of such investments and the strate21 gies the Internal Revenue Service is using to mitigate such 

22 risks; and the expected developmental milestones to be 

23 achieved and costs to be incurred in the next quarter. 
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1 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

2 SERVICE

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 101. Not to exceed 5 percent of any appropriation 

5 made available in this Act to the Internal Revenue Service 

6 may be transferred to any other Internal Revenue Service 

7 appropriation upon the advance approval of the Commit8 tees on Appropriations. 

9 SEC. 102. The Internal Revenue Service shall main10 tain an employee training program, which shall include the 

11 following topics: taxpayers’ rights, dealing courteously with 

12 taxpayers, cross-cultural relations, ethics, and the impartial 

13 application of tax law. 

14 SEC. 103. The Internal Revenue Service shall institute 

15 and enforce policies and procedures that will safeguard the 

16 confidentiality of taxpayer information and protect tax17 payers against identity theft. 

18 SEC. 104. Funds made available by this or any other 

19 Act to the Internal Revenue Service shall be available for 

20 improved facilities and increased staffing to provide suffi21 cient and effective 1–800 help line service for taxpayers. The 

22 Commissioner shall continue to make improvements to the 

23 Internal Revenue Service 1–800 help line service a priority 

24 and allocate resources necessary to enhance the response 
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•HR 2029 EAH 

1 time to taxpayer communications, particularly with regard 

2 to victims of tax-related crimes. 

3 SEC. 105. None of the funds made available to the In4 ternal Revenue Service by this Act may be used to make 

5 a video unless the Service-Wide Video Editorial Board de6 termines in advance that making the video is appropriate, 

7 taking into account the cost, topic, tone, and purpose of the 

8 video. 

9 SEC. 106. The Internal Revenue Service shall issue a 

10 notice of confirmation of any address change relating to an 

11 employer making employment tax payments, and such no12 tice shall be sent to both the employer’s former and new 

13 address and an officer or employee of the Internal Revenue 

14 Service shall give special consideration to an offer-in-com15 promise from a taxpayer who has been the victim of fraud 

16 by a third party payroll tax preparer. 

17 SEC. 107. None of the funds made available under this 

18 Act may be used by the Internal Revenue Service to target 

19 citizens of the United States for exercising any right guar20 anteed under the First Amendment to the Constitution of 

21 the United States. 

22 SEC. 108. None of the funds made available in this 

23 Act may be used by the Internal Revenue Service to target 

24 groups for regulatory scrutiny based on their ideological be25 liefs. 
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1 SEC. 109. None of funds made available by this Act 

2 to the Internal Revenue Service shall be obligated or ex3 pended on conferences that do not adhere to the procedures, 

4 verification processes, documentation requirements, and 

5 policies issued by the Chief Financial Officer, Human Cap6 ital Office, and Agency-Wide Shared Services as a result 

7 of the recommendations in the report published on May 31, 

8 2013, by the Treasury Inspector General for Tax Adminis9 tration entitled ‘‘Review of the August 2010 Small Busi10 ness/Self-Employed Division’s Conference in Anaheim, 

11 California’’ (Reference Number 2013–10–037). 

12 SEC. 110. None of the funds made available in this 

13 Act to the Internal Revenue Service may be obligated or 

14 expended— 

15 (1) to make a payment to any employee under 

16 a bonus, award, or recognition program; or 

17 (2) under any hiring or personnel selection proc18 ess with respect to re-hiring a former employee, 

19 unless such program or process takes into account the con20 duct and Federal tax compliance of such employee or former 

21 employee. 

22 SEC. 111. None of the funds made available by this 

23 Act may be used in contravention of section 6103 of the 

24 Internal Revenue Code of 1986 (relating to confidentiality 

25 and disclosure of returns and return information). 
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1 SEC. 112. Except to the extent provided in section 

2 6014, 6020, or 6201(d) of the Internal Revenue Code of 

3 1986, no funds in this or any other Act shall be available 

4 to the Secretary of the Treasury to provide to any person 

5 a proposed final return or statement for use by such person 

6 to satisfy a filing or reporting requirement under such 

7 Code. 

8 SEC. 113. In addition to the amounts otherwise made 

9 available in this Act for the Internal Revenue Service, 

10 $290,000,000, to be available until September 30, 2017, 

11 shall be transferred by the Commissioner to the ‘‘Taxpayer 

12 Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ ac13 counts of the Internal Revenue Service for an additional 

14 amount to be used solely for measurable improvements in 

15 the customer service representative level of service rate, to 

16 improve the identification and prevention of refund fraud 

17 and identity theft, and to enhance cybersecurity to safe18 guard taxpayer data: Provided, That such funds shall sup19 plement, not supplant any other amounts made available 

20 by the Internal Revenue Service for such purpose: Provided 

21 further, That such funds shall not be available until the 

22 Commissioner submits to the Committees on Appropria23 tions of the House of Representatives and the Senate a 

24 spending plan for such funds: Provided further, That such 

25 funds shall not be used to support any provision of Public 
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•HR 2029 EAH 

1 Law 111–148, Public Law 111–152, or any amendment 

2 made by either such Public Law. 

3 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE

4 TREASURY

5 (INCLUDING TRANSFERS OF FUNDS)

6 SEC. 114. Appropriations to the Department of the 

7 Treasury in this Act shall be available for uniforms or al8 lowances therefor, as authorized by law (5 U.S.C. 5901), 

9 including maintenance, repairs, and cleaning; purchase of 

10 insurance for official motor vehicles operated in foreign 

11 countries; purchase of motor vehicles without regard to the 

12 general purchase price limitations for vehicles purchased 

13 and used overseas for the current fiscal year; entering into 

14 contracts with the Department of State for the furnishing 

15 of health and medical services to employees and their de16 pendents serving in foreign countries; and services author17 ized by 5 U.S.C. 3109. 

18 SEC. 115. Not to exceed 2 percent of any appropria19 tions in this title made available under the headings ‘‘De20 partmental Offices—Salaries and Expenses’’, ‘‘Office of In21 spector General’’, ‘‘Special Inspector General for the Trou22 bled Asset Relief Program’’, ‘‘Financial Crimes Enforce23 ment Network’’, ‘‘Bureau of the Fiscal Service’’, and ‘‘Alco24 hol and Tobacco Tax and Trade Bureau’’ may be trans25 ferred between such appropriations upon the advance ap-
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•HR 2029 EAH 

1 proval of the Committees on Appropriations of the House 

2 of Representatives and the Senate: Provided, That, upon ad3 vance approval of such Committees, not to exceed 2 percent 

4 of any such appropriations may be transferred to the ‘‘Of5 fice of Terrorism and Financial Intelligence’’: Provided fur6 ther, That no transfer under this section may increase or 

7 decrease any such appropriation by more than 2 percent. 

8 SEC. 116. Not to exceed 2 percent of any appropriation 

9 made available in this Act to the Internal Revenue Service 

10 may be transferred to the Treasury Inspector General for 

11 Tax Administration’s appropriation upon the advance ap12 proval of the Committees on Appropriations of the House 

13 of Representatives and the Senate: Provided, That no trans14 fer may increase or decrease any such appropriation by 

15 more than 2 percent. 

16 SEC. 117. None of the funds appropriated in this Act 

17 or otherwise available to the Department of the Treasury 

18 or the Bureau of Engraving and Printing may be used to 

19 redesign the $1 Federal Reserve note. 

20 SEC. 118. The Secretary of the Treasury may transfer 

21 funds from the ‘‘Bureau of the Fiscal Service-Salaries and 

22 Expenses’’ to the Debt Collection Fund as necessary to cover 

23 the costs of debt collection: Provided, That such amounts 

24 shall be reimbursed to such salaries and expenses account 

25 from debt collections received in the Debt Collection Fund. 
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•HR 2029 EAH 

1 SEC. 119. None of the funds appropriated or otherwise 

2 made available by this or any other Act may be used by 

3 the United States Mint to construct or operate any museum 

4 without the explicit approval of the Committees on Appro5 priations of the House of Representatives and the Senate, 

6 the House Committee on Financial Services, and the Senate 

7 Committee on Banking, Housing, and Urban Affairs. 

8 SEC. 120. None of the funds appropriated or otherwise 

9 made available by this or any other Act or source to the 

10 Department of the Treasury, the Bureau of Engraving and 

11 Printing, and the United States Mint, individually or col12 lectively, may be used to consolidate any or all functions 

13 of the Bureau of Engraving and Printing and the United 

14 States Mint without the explicit approval of the House 

15 Committee on Financial Services; the Senate Committee on 

16 Banking, Housing, and Urban Affairs; and the Committees 

17 on Appropriations of the House of Representatives and the 

18 Senate. 

19 SEC. 121. Funds appropriated by this Act, or made 

20 available by the transfer of funds in this Act, for the De21 partment of the Treasury’s intelligence or intelligence re22 lated activities are deemed to be specifically authorized by 

23 the Congress for purposes of section 504 of the National Se24 curity Act of 1947 (50 U.S.C. 414) during fiscal year 2016 
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•HR 2029 EAH 

1 until the enactment of the Intelligence Authorization Act 

2 for Fiscal Year 2016. 

3 SEC. 122. Not to exceed $5,000 shall be made available 

4 from the Bureau of Engraving and Printing’s Industrial 

5 Revolving Fund for necessary official reception and rep6 resentation expenses. 

7 SEC. 123. The Secretary of the Treasury shall submit 

8 a Capital Investment Plan to the Committees on Appro9 priations of the Senate and the House of Representatives 

10 not later than 30 days following the submission of the an11 nual budget submitted by the President: Provided, That 

12 such Capital Investment Plan shall include capital invest13 ment spending from all accounts within the Department of 

14 the Treasury, including but not limited to the Department15 wide Systems and Capital Investment Programs account, 

16 Treasury Franchise Fund account, and the Treasury For17 feiture Fund account: Provided further, That such Capital 

18 Investment Plan shall include expenditures occurring in 

19 previous fiscal years for each capital investment project 

20 that has not been fully completed. 

21 SEC. 124. (a) Not later than 60 days after the end of 

22 each quarter, the Office of Financial Stability and the Of23 fice of Financial Research shall submit reports on their ac24 tivities to the Committees on Appropriations of the House 

25 of Representatives and the Senate, the Committee on Finan-
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•HR 2029 EAH 

1 cial Services of the House of Representatives and the Senate 

2 Committee on Banking, Housing, and Urban Affairs. 

3 (b) The reports required under subsection (a) shall in4 clude— 

5 (1) the obligations made during the previous 

6 quarter by object class, office, and activity; 

7 (2) the estimated obligations for the remainder of 

8 the fiscal year by object class, office, and activity; 

9 (3) the number of full-time equivalents within 

10 each office during the previous quarter; 

11 (4) the estimated number of full-time equivalents 

12 within each office for the remainder of the fiscal year; 

13 and 

14 (5) actions taken to achieve the goals, objectives, 

15 and performance measures of each office. 

16 (c) At the request of any such Committees specified in 

17 subsection (a), the Office of Financial Stability and the Of18 fice of Financial Research shall make officials available to 

19 testify on the contents of the reports required under sub20 section (a). 

21 SEC. 125. Within 45 days after the date of enactment 

22 of this Act, the Secretary of the Treasury shall submit an 

23 itemized report to the Committees on Appropriations of the 

24 House of Representatives and the Senate on the amount of 

25 total funds charged to each office by the Franchise Fund 
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•HR 2029 EAH 

1 including the amount charged for each service provided by 

2 the Franchise Fund to each office, a detailed description 

3 of the services, a detailed explanation of how each charge 

4 for each service is calculated, and a description of the role 

5 customers have in governing in the Franchise Fund. 

6 SEC. 126. The Secretary of the Treasury, in consulta7 tion with the appropriate agencies, departments, bureaus, 

8 and commissions that have expertise in terrorism and com9 plex financial instruments, shall provide a report to the 

10 Committees on Appropriations of the House of Representa11 tives and Senate, the Committee on Financial Services of 

12 the House of Representatives, and the Committee on Bank13 ing, Housing, and Urban Affairs of the Senate not later 

14 than 90 days after the date of enactment of this Act on 

15 economic warfare and financial terrorism. 

16 SEC. 127. During fiscal year 2016— 

17 (1) none of the funds made available in this or 

18 any other Act may be used by the Department of the 

19 Treasury, including the Internal Revenue Service, to 

20 issue, revise, or finalize any regulation, revenue rul21 ing, or other guidance not limited to a particular tax22 payer relating to the standard which is used to deter23 mine whether an organization is operated exclusively 

24 for the promotion of social welfare for purposes of sec25 tion 501(c)(4) of the Internal Revenue Code of 1986 
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•HR 2029 EAH 

1 (including the proposed regulations published at 78 

2 Fed. Reg. 71535 (November 29, 2013)); and 

3 (2) the standard and definitions as in effect on 

4 January 1, 2010, which are used to make such deter5 minations shall apply after the date of the enactment 

6 of this Act for purposes of determining status under 

7 section 501(c)(4) of such Code of organizations cre8 ated on, before, or after such date. 

9 This title may be cited as the ‘‘Department of the 

10 Treasury Appropriations Act, 2016’’. 

11 TITLE II 

12 EXECUTIVE OFFICE OF THE PRESIDENT AND 

13 FUNDS APPROPRIATED TO THE PRESIDENT 

14 THE WHITE HOUSE

15 SALARIES AND EXPENSES

16 For necessary expenses for the White House as author17 ized by law, including not to exceed $3,850,000 for services 

18 as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsist19 ence expenses as authorized by 3 U.S.C. 105, which shall 

20 be expended and accounted for as provided in that section; 

21 hire of passenger motor vehicles, and travel (not to exceed 

22 $100,000 to be expended and accounted for as provided by 

23 3 U.S.C. 103); and not to exceed $19,000 for official recep24 tion and representation expenses, to be available for alloca25 tion within the Executive Office of the President; and for 
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•HR 2029 EAH 

1 necessary expenses of the Office of Policy Development, in2 cluding services as authorized by 5 U.S.C. 3109 and 3 

3 U.S.C. 107, $55,000,000. 

4 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

5 OPERATING EXPENSES

6 For necessary expenses of the Executive Residence at 

7 the White House, $12,723,000, to be expended and ac8 counted for as provided by 3 U.S.C. 105, 109, 110, and 

9 112–114. 

10 REIMBURSABLE EXPENSES

11 For the reimbursable expenses of the Executive Resi12 dence at the White House, such sums as may be necessary: 

13 Provided, That all reimbursable operating expenses of the 

14 Executive Residence shall be made in accordance with the 

15 provisions of this paragraph: Provided further, That, not16 withstanding any other provision of law, such amount for 

17 reimbursable operating expenses shall be the exclusive au18 thority of the Executive Residence to incur obligations and 

19 to receive offsetting collections, for such expenses: Provided 

20 further, That the Executive Residence shall require each 

21 person sponsoring a reimbursable political event to pay in 

22 advance an amount equal to the estimated cost of the event, 

23 and all such advance payments shall be credited to this ac24 count and remain available until expended: Provided fur25 ther, That the Executive Residence shall require the na-
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•HR 2029 EAH 

1 tional committee of the political party of the President to 

2 maintain on deposit $25,000, to be separately accounted for 

3 and available for expenses relating to reimbursable political 

4 events sponsored by such committee during such fiscal year: 

5 Provided further, That the Executive Residence shall ensure 

6 that a written notice of any amount owed for a reimburs7 able operating expense under this paragraph is submitted 

8 to the person owing such amount within 60 days after such 

9 expense is incurred, and that such amount is collected with10 in 30 days after the submission of such notice: Provided 

11 further, That the Executive Residence shall charge interest 

12 and assess penalties and other charges on any such amount 

13 that is not reimbursed within such 30 days, in accordance 

14 with the interest and penalty provisions applicable to an 

15 outstanding debt on a United States Government claim 

16 under 31 U.S.C. 3717: Provided further, That each such 

17 amount that is reimbursed, and any accompanying interest 

18 and charges, shall be deposited in the Treasury as miscella19 neous receipts: Provided further, That the Executive Resi20 dence shall prepare and submit to the Committees on Ap21 propriations, by not later than 90 days after the end of 

22 the fiscal year covered by this Act, a report setting forth 

23 the reimbursable operating expenses of the Executive Resi24 dence during the preceding fiscal year, including the total 

25 amount of such expenses, the amount of such total that con-
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•HR 2029 EAH 

1 sists of reimbursable official and ceremonial events, the 

2 amount of such total that consists of reimbursable political 

3 events, and the portion of each such amount that has been 

4 reimbursed as of the date of the report: Provided further, 

5 That the Executive Residence shall maintain a system for 

6 the tracking of expenses related to reimbursable events with7 in the Executive Residence that includes a standard for the 

8 classification of any such expense as political or non9 political: Provided further, That no provision of this para10 graph may be construed to exempt the Executive Residence 

11 from any other applicable requirement of subchapter I or 

12 II of chapter 37 of title 31, United States Code. 

13 WHITE HOUSE REPAIR AND RESTORATION

14 For the repair, alteration, and improvement of the Ex15 ecutive Residence at the White House pursuant to 3 U.S.C. 

16 105(d), $750,000, to remain available until expended, for 

17 required maintenance, resolution of safety and health 

18 issues, and continued preventative maintenance. 

19 COUNCIL OF ECONOMIC ADVISERS

20 SALARIES AND EXPENSES

21 For necessary expenses of the Council of Economic Ad22 visers in carrying out its functions under the Employment 

23 Act of 1946 (15 U.S.C. 1021 et seq.), $4,195,000. 
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•HR 2029 EAH 

1 NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY

2 COUNCIL

3 SALARIES AND EXPENSES

4 For necessary expenses of the National Security Coun5 cil and the Homeland Security Council, including services 

6 as authorized by 5 U.S.C. 3109, $12,800,000. 

7 OFFICE OF ADMINISTRATION

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of Administration, 

10 including services as authorized by 5 U.S.C. 3109 and 3 

11 U.S.C. 107, and hire of passenger motor vehicles, 

12 $96,116,000, of which not to exceed $7,994,000 shall remain 

13 available until expended for continued modernization of in14 formation resources within the Executive Office of the Presi15 dent. 

16 OFFICE OF MANAGEMENT AND BUDGET

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of Management 

19 and Budget, including hire of passenger motor vehicles and 

20 services as authorized by 5 U.S.C. 3109, to carry out the 

21 provisions of chapter 35 of title 44, United States Code, 

22 and to prepare and submit the budget of the United States 

23 Government, in accordance with section 1105(a) of title 31, 

24 United States Code, $95,000,000, of which not to exceed 

25 $3,000 shall be available for official representation expenses: 
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•HR 2029 EAH 

1 Provided, That none of the funds appropriated in this Act 

2 for the Office of Management and Budget may be used for 

3 the purpose of reviewing any agricultural marketing orders 

4 or any activities or regulations under the provisions of the 

5 Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 

6 601 et seq.): Provided further, That none of the funds made 

7 available for the Office of Management and Budget by this 

8 Act may be expended for the altering of the transcript of 

9 actual testimony of witnesses, except for testimony of offi10 cials of the Office of Management and Budget, before the 

11 Committees on Appropriations or their subcommittees: Pro12 vided further, That of the funds made available for the Of13 fice of Management and Budget by this Act, no less than 

14 one full-time equivalent senior staff position shall be dedi15 cated solely to the Office of the Intellectual Property En16 forcement Coordinator: Provided further, That none of the 

17 funds provided in this or prior Acts shall be used, directly 

18 or indirectly, by the Office of Management and Budget, for 

19 evaluating or determining if water resource project or study 

20 reports submitted by the Chief of Engineers acting through 

21 the Secretary of the Army are in compliance with all appli22 cable laws, regulations, and requirements relevant to the 

23 Civil Works water resource planning process: Provided fur24 ther, That the Office of Management and Budget shall have 

25 not more than 60 days in which to perform budgetary pol-
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•HR 2029 EAH 

1 icy reviews of water resource matters on which the Chief 

2 of Engineers has reported: Provided further, That the Direc3 tor of the Office of Management and Budget shall notify 

4 the appropriate authorizing and appropriating committees 

5 when the 60-day review is initiated: Provided further, That 

6 if water resource reports have not been transmitted to the 

7 appropriate authorizing and appropriating committees 

8 within 15 days after the end of the Office of Management 

9 and Budget review period based on the notification from 

10 the Director, Congress shall assume Office of Management 

11 and Budget concurrence with the report and act accord12 ingly. 

13 OFFICE OF NATIONAL DRUG CONTROL POLICY

14 SALARIES AND EXPENSES

15 For necessary expenses of the Office of National Drug 

16 Control Policy; for research activities pursuant to the Office 

17 of National Drug Control Policy Reauthorization Act of 

18 2006 (Public Law 109–469); not to exceed $10,000 for offi19 cial reception and representation expenses; and for partici20 pation in joint projects or in the provision of services on 

21 matters of mutual interest with nonprofit, research, or pub22 lic organizations or agencies, with or without reimburse23 ment, $20,047,000: Provided, That the Office is authorized 

24 to accept, hold, administer, and utilize gifts, both real and 

25 personal, public and private, without fiscal year limitation, 
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•HR 2029 EAH 

1 for the purpose of aiding or facilitating the work of the Of2 fice. 

3 FEDERAL DRUG CONTROL PROGRAMS

4 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

5 (INCLUDING TRANSFERS OF FUNDS)

6 For necessary expenses of the Office of National Drug 

7 Control Policy’s High Intensity Drug Trafficking Areas 

8 Program, $250,000,000, to remain available until Sep9 tember 30, 2017, for drug control activities consistent with 

10 the approved strategy for each of the designated High Inten11 sity Drug Trafficking Areas (‘‘HIDTAs’’), of which not less 

12 than 51 percent shall be transferred to State and local enti13 ties for drug control activities and shall be obligated not 

14 later than 120 days after enactment of this Act: Provided, 

15 That up to 49 percent may be transferred to Federal agen16 cies and departments in amounts determined by the Direc17 tor of the Office of National Drug Control Policy, of which 

18 up to $2,700,000 may be used for auditing services and as19 sociated activities: Provided further, That, notwithstanding 

20 the requirements of Public Law 106–58, any unexpended 

21 funds obligated prior to fiscal year 2014 may be used for 

22 any other approved activities of that HIDTA, subject to re23 programming requirements: Provided further, That each 

24 HIDTA designated as of September 30, 2015, shall be fund25 ed at not less than the fiscal year 2015 base level, unless 
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•HR 2029 EAH 

1 the Director submits to the Committees on Appropriations 

2 of the House of Representatives and the Senate justification 

3 for changes to those levels based on clearly articulated prior4 ities and published Office of National Drug Control Policy 

5 performance measures of effectiveness: Provided further, 

6 That the Director shall notify the Committees on Appro7 priations of the initial allocation of fiscal year 2016 fund8 ing among HIDTAs not later than 45 days after enactment 

9 of this Act, and shall notify the Committees of planned uses 

10 of discretionary HIDTA funding, as determined in con11 sultation with the HIDTA Directors, not later than 90 days 

12 after enactment of this Act: Provided further, That upon 

13 a determination that all or part of the funds so transferred 

14 from this appropriation are not necessary for the purposes 

15 provided herein and upon notification to the Committees 

16 on Appropriations of the House of Representatives and the 

17 Senate, such amounts may be transferred back to this ap18 propriation. 

19 OTHER FEDERAL DRUG CONTROL PROGRAMS

20 (INCLUDING TRANSFERS OF FUNDS)

21 For other drug control activities authorized by the Of22 fice of National Drug Control Policy Reauthorization Act 

23 of 2006 (Public Law 109–469), $109,810,000, to remain 

24 available until expended, which shall be available as follows: 

25 $95,000,000 for the Drug-Free Communities Program, of 
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•HR 2029 EAH 

1 which $2,000,000 shall be made available as directed by sec2 tion 4 of Public Law 107–82, as amended by Public Law 

3 109–469 (21 U.S.C. 1521 note); $2,000,000 for drug court 

4 training and technical assistance; $9,500,000 for anti5 doping activities; $2,060,000 for the United States member6 ship dues to the World Anti-Doping Agency; and $1,250,000 

7 shall be made available as directed by section 1105 of Public 

8 Law 109–469: Provided, That amounts made available 

9 under this heading may be transferred to other Federal de10 partments and agencies to carry out such activities. 

11 UNANTICIPATED NEEDS

12 For expenses necessary to enable the President to meet 

13 unanticipated needs, in furtherance of the national interest, 

14 security, or defense which may arise at home or abroad dur15 ing the current fiscal year, as authorized by 3 U.S.C. 108, 

16 $800,000, to remain available until September 30, 2017. 

17 INFORMATION TECHNOLOGY OVERSIGHT AND REFORM

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses for the furtherance of inte20 grated, efficient, secure, and effective uses of information 

21 technology in the Federal Government, $30,000,000, to re22 main available until expended: Provided, That the Director 

23 of the Office of Management and Budget may transfer these 

24 funds to one or more other agencies to carry out projects 

25 to meet these purposes. 
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•HR 2029 EAH 

1 SPECIAL ASSISTANCE TO THE PRESIDENT

2 SALARIES AND EXPENSES

3 For necessary expenses to enable the Vice President to 

4 provide assistance to the President in connection with spe5 cially assigned functions; services as authorized by 5 U.S.C. 

6 3109 and 3 U.S.C. 106, including subsistence expenses as 

7 authorized by 3 U.S.C. 106, which shall be expended and 

8 accounted for as provided in that section; and hire of pas9 senger motor vehicles, $4,228,000. 

10 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

11 OPERATING EXPENSES

12 (INCLUDING TRANSFER OF FUNDS)

13 For the care, operation, refurnishing, improvement, 

14 and to the extent not otherwise provided for, heating and 

15 lighting, including electric power and fixtures, of the offi16 cial residence of the Vice President; the hire of passenger 

17 motor vehicles; and not to exceed $90,000 pursuant to 3 

18 U.S.C. 106(b)(2), $299,000: Provided, That advances, re19 payments, or transfers from this appropriation may be 

20 made to any department or agency for expenses of carrying 

21 out such activities. 
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1 ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF

2 THE PRESIDENT AND FUNDS APPROPRIATED TO THE

3 PRESIDENT

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 201. From funds made available in this Act 

6 under the headings ‘‘The White House’’, ‘‘Executive Resi7 dence at the White House’’, ‘‘White House Repair and Res8 toration’’, ‘‘Council of Economic Advisers’’, ‘‘National Se9 curity Council and Homeland Security Council’’, ‘‘Office 

10 of Administration’’, ‘‘Special Assistance to the President’’, 

11 and ‘‘Official Residence of the Vice President’’, the Director 

12 of the Office of Management and Budget (or such other offi13 cer as the President may designate in writing), may, with 

14 advance approval of the Committees on Appropriations of 

15 the House of Representatives and the Senate, transfer not 

16 to exceed 10 percent of any such appropriation to any other 

17 such appropriation, to be merged with and available for 

18 the same time and for the same purposes as the appropria19 tion to which transferred: Provided, That the amount of an 

20 appropriation shall not be increased by more than 50 per21 cent by such transfers: Provided further, That no amount 

22 shall be transferred from ‘‘Special Assistance to the Presi23 dent’’ or ‘‘Official Residence of the Vice President’’ without 

24 the approval of the Vice President. 
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•HR 2029 EAH 

1 SEC. 202. Within 90 days after the date of enactment 

2 of this section, the Director of the Office of Management 

3 and Budget shall submit a report to the Committees on Ap4 propriations of the House of Representatives and the Senate 

5 on the costs of implementing the Dodd-Frank Wall Street 

6 Reform and Consumer Protection Act (Public Law 111– 

7 203). Such report shall include— 

8 (1) the estimated mandatory and discretionary 

9 obligations of funds through fiscal year 2018, by Fed10 eral agency and by fiscal year, including— 

11 (A) the estimated obligations by cost inputs 

12 such as rent, information technology, contracts, 

13 and personnel; 

14 (B) the methodology and data sources used 

15 to calculate such estimated obligations; and 

16 (C) the specific section of such Act that re17 quires the obligation of funds; and 

18 (2) the estimated receipts through fiscal year 

19 2018 from assessments, user fees, and other fees by the 

20 Federal agency making the collections, by fiscal year, 

21 including— 

22 (A) the methodology and data sources used 

23 to calculate such estimated collections; and 

24 (B) the specific section of such Act that au25 thorizes the collection of funds. 
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•HR 2029 EAH 

1 SEC. 203. (a) During fiscal year 2016, any Executive 

2 order or Presidential memorandum issued by the President 

3 shall be accompanied by a written statement from the Di4 rector of the Office of Management and Budget on the budg5 etary impact, including costs, benefits, and revenues, of 

6 such order or memorandum. 

7 (b) Any such statement shall include— 

8 (1) a narrative summary of the budgetary im9 pact of such order or memorandum on the Federal 

10 Government; 

11 (2) the impact on mandatory and discretionary 

12 obligations and outlays as the result of such order or 

13 memorandum, listed by Federal agency, for each year 

14 in the 5-fiscal year period beginning in fiscal year 

15 2016; and 

16 (3) the impact on revenues of the Federal Gov17 ernment as the result of such order or memorandum 

18 over the 5-fiscal-year period beginning in fiscal year 

19 2016. 

20 (c) If an Executive order or Presidential memorandum 

21 is issued during fiscal year 2016 due to a national emer22 gency, the Director of the Office of Management and Budget 

23 may issue the statement required by subsection (a) not later 

24 than 15 days after the date that such order or memorandum 

25 is issued. 
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1 (d) The requirement for cost estimates for Presidential 

2 memoranda shall only apply for Presidential memoranda 

3 estimated to have a regulatory cost in excess of 

4 $100,000,000. 

5 This title may be cited as the ‘‘Executive Office of the 

6 President Appropriations Act, 2016’’. 

7 TITLE III 

8 THE JUDICIARY 

9 SUPREME COURT OF THE UNITED STATES

10 SALARIES AND EXPENSES

11 For expenses necessary for the operation of the Su12 preme Court, as required by law, excluding care of the 

13 building and grounds, including hire of passenger motor 

14 vehicles as authorized by 31 U.S.C. 1343 and 1344; not to 

15 exceed $10,000 for official reception and representation ex16 penses; and for miscellaneous expenses, to be expended as 

17 the Chief Justice may approve, $75,838,000, of which 

18 $2,000,000 shall remain available until expended. 

19 In addition, there are appropriated such sums as may 

20 be necessary under current law for the salaries of the chief 

21 justice and associate justices of the court. 

22 CARE OF THE BUILDING AND GROUNDS

23 For such expenditures as may be necessary to enable 

24 the Architect of the Capitol to carry out the duties imposed 
468 

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1 upon the Architect by 40 U.S.C. 6111 and 6112, $9,964,000, 

2 to remain available until expended. 

3 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

4 CIRCUIT

5 SALARIES AND EXPENSES

6 For salaries of officers and employees, and for nec7 essary expenses of the court, as authorized by law, 

8 $30,872,000. 

9 In addition, there are appropriated such sums as may 

10 be necessary under current law for the salaries of the chief 

11 judge and judges of the court. 

12 UNITED STATES COURT OF INTERNATIONAL TRADE

13 SALARIES AND EXPENSES

14 For salaries of officers and employees of the court, serv15 ices, and necessary expenses of the court, as authorized by 

16 law, $18,160,000. 

17 In addition, there are appropriated such sums as may 

18 be necessary under current law for the salaries of the chief 

19 judge and judges of the court. 

20 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

21 JUDICIAL SERVICES

22 SALARIES AND EXPENSES

23 For the salaries of judges of the United States Court 

24 of Federal Claims, magistrate judges, and all other officers 

25 and employees of the Federal Judiciary not otherwise spe-
469 

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1 cifically provided for, necessary expenses of the courts, and 

2 the purchase, rental, repair, and cleaning of uniforms for 

3 Probation and Pretrial Services Office staff, as authorized 

4 by law, $4,918,969,000 (including the purchase of firearms 

5 and ammunition); of which not to exceed $27,817,000 shall 

6 remain available until expended for space alteration 

7 projects and for furniture and furnishings related to new 

8 space alteration and construction projects. 

9 In addition, there are appropriated such sums as may 

10 be necessary under current law for the salaries of circuit 

11 and district judges (including judges of the territorial courts 

12 of the United States), bankruptcy judges, and justices and 

13 judges retired from office or from regular active service. 

14 In addition, for expenses of the United States Court 

15 of Federal Claims associated with processing cases under 

16 the National Childhood Vaccine Injury Act of 1986 (Public 

17 Law 99–660), not to exceed $6,050,000, to be appropriated 

18 from the Vaccine Injury Compensation Trust Fund. 

19 DEFENDER SERVICES

20 For the operation of Federal Defender organizations; 

21 the compensation and reimbursement of expenses of attor22 neys appointed to represent persons under 18 U.S.C. 3006A 

23 and 3599, and for the compensation and reimbursement of 

24 expenses of persons furnishing investigative, expert, and 

25 other services for such representations as authorized by law; 
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•HR 2029 EAH 

1 the compensation (in accordance with the maximums under 

2 18 U.S.C. 3006A) and reimbursement of expenses of attor3 neys appointed to assist the court in criminal cases where 

4 the defendant has waived representation by counsel; the 

5 compensation and reimbursement of expenses of attorneys 

6 appointed to represent jurors in civil actions for the protec7 tion of their employment, as authorized by 28 U.S.C. 

8 1875(d)(1); the compensation and reimbursement of ex9 penses of attorneys appointed under 18 U.S.C. 983(b)(1) 

10 in connection with certain judicial civil forfeiture pro11 ceedings; the compensation and reimbursement of travel ex12 penses of guardians ad litem appointed under 18 U.S.C. 

13 4100(b); and for necessary training and general adminis14 trative expenses, $1,004,949,000, to remain available until 

15 expended. 

16 FEES OF JURORS AND COMMISSIONERS

17 For fees and expenses of jurors as authorized by 28 

18 U.S.C. 1871 and 1876; compensation of jury commissioners 

19 as authorized by 28 U.S.C. 1863; and compensation of com20 missioners appointed in condemnation cases pursuant to 

21 rule 71.1(h) of the Federal Rules of Civil Procedure (28 

22 U.S.C. Appendix Rule 71.1(h)), $44,199,000, to remain 

23 available until expended: Provided, That the compensation 

24 of land commissioners shall not exceed the daily equivalent 

25 of the highest rate payable under 5 U.S.C. 5332. 
471 

•HR 2029 EAH 

1 COURT SECURITY

2 (INCLUDING TRANSFERS OF FUNDS)

3 For necessary expenses, not otherwise provided for, in4 cident to the provision of protective guard services for 

5 United States courthouses and other facilities housing Fed6 eral court operations, and the procurement, installation, 

7 and maintenance of security systems and equipment for 

8 United States courthouses and other facilities housing Fed9 eral court operations, including building ingress-egress con10 trol, inspection of mail and packages, directed security pa11 trols, perimeter security, basic security services provided by 

12 the Federal Protective Service, and other similar activities 

13 as authorized by section 1010 of the Judicial Improvement 

14 and Access to Justice Act (Public Law 100–702), 

15 $538,196,000, of which not to exceed $15,000,000 shall re16 main available until expended, to be expended directly or 

17 transferred to the United States Marshals Service, which 

18 shall be responsible for administering the Judicial Facility 

19 Security Program consistent with standards or guidelines 

20 agreed to by the Director of the Administrative Office of 

21 the United States Courts and the Attorney General. 
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•HR 2029 EAH 

1 ADMINISTRATIVE OFFICE OF THE UNITED STATES

2 COURTS

3 SALARIES AND EXPENSES

4 For necessary expenses of the Administrative Office of 

5 the United States Courts as authorized by law, including 

6 travel as authorized by 31 U.S.C. 1345, hire of a passenger 

7 motor vehicle as authorized by 31 U.S.C. 1343(b), adver8 tising and rent in the District of Columbia and elsewhere, 

9 $85,665,000, of which not to exceed $8,500 is authorized 

10 for official reception and representation expenses. 

11 FEDERAL JUDICIAL CENTER

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Judicial Center, 

14 as authorized by Public Law 90–219, $27,719,000; of which 

15 $1,800,000 shall remain available through September 30, 

16 2017, to provide education and training to Federal court 

17 personnel; and of which not to exceed $1,500 is authorized 

18 for official reception and representation expenses. 

19 UNITED STATES SENTENCING COMMISSION

20 SALARIES AND EXPENSES

21 For the salaries and expenses necessary to carry out 

22 the provisions of chapter 58 of title 28, United States Code, 

23 $17,570,000, of which not to exceed $1,000 is authorized 

24 for official reception and representation expenses. 
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•HR 2029 EAH 

1 ADMINISTRATIVE PROVISIONS—THE JUDICIARY

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 301. Appropriations and authorizations made in 

4 this title which are available for salaries and expenses shall 

5 be available for services as authorized by 5 U.S.C. 3109. 

6 SEC. 302. Not to exceed 5 percent of any appropriation 

7 made available for the current fiscal year for the Judiciary 

8 in this Act may be transferred between such appropriations, 

9 but no such appropriation, except ‘‘Courts of Appeals, Dis10 trict Courts, and Other Judicial Services, Defender Serv11 ices’’ and ‘‘Courts of Appeals, District Courts, and Other 

12 Judicial Services, Fees of Jurors and Commissioners’’, shall 

13 be increased by more than 10 percent by any such transfers: 

14 Provided, That any transfer pursuant to this section shall 

15 be treated as a reprogramming of funds under sections 604 

16 and 608 of this Act and shall not be available for obligation 

17 or expenditure except in compliance with the procedures set 

18 forth in section 608. 

19 SEC. 303. Notwithstanding any other provision of law, 

20 the salaries and expenses appropriation for ‘‘Courts of Ap21 peals, District Courts, and Other Judicial Services’’ shall 

22 be available for official reception and representation ex23 penses of the Judicial Conference of the United States: Pro24 vided, That such available funds shall not exceed $11,000 

25 and shall be administered by the Director of the Adminis-
474 

•HR 2029 EAH 

1 trative Office of the United States Courts in the capacity 

2 as Secretary of the Judicial Conference. 

3 SEC. 304. Section 3314(a) of title 40, United States 

4 Code, shall be applied by substituting ‘‘Federal’’ for ‘‘execu5 tive’’ each place it appears. 

6 SEC. 305. In accordance with 28 U.S.C. 561–569, and 

7 notwithstanding any other provision of law, the United 

8 States Marshals Service shall provide, for such courthouses 

9 as its Director may designate in consultation with the Di10 rector of the Administrative Office of the United States 

11 Courts, for purposes of a pilot program, the security services 

12 that 40 U.S.C. 1315 authorizes the Department of Home13 land Security to provide, except for the services specified 

14 in 40 U.S.C. 1315(b)(2)(E). For building-specific security 

15 services at these courthouses, the Director of the Administra16 tive Office of the United States Courts shall reimburse the 

17 United States Marshals Service rather than the Department 

18 of Homeland Security. 

19 SEC. 306. (a) Section 203(c) of the Judicial Improve20 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133 

21 note), is amended in the second sentence (relating to the 

22 District of Kansas) following paragraph (12), by striking 

23 ‘‘24 years and 6 months’’ and inserting ‘‘25 years and 6 

24 months’’. 
475 

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1 (b) Section 406 of the Transportation, Treasury, 

2 Housing and Urban Development, the Judiciary, the Dis3 trict of Columbia, and Independent Agencies Appropria4 tions Act, 2006 (Public Law 109–115; 119 Stat. 2470; 28 

5 U.S.C. 133 note) is amended in the second sentence (relat6 ing to the eastern District of Missouri) by striking ‘‘22 

7 years and 6 months’’ and inserting ‘‘23 years and 6 

8 months’’. 

9 (c) Section 312(c)(2) of the 21st Century Department 

10 of Justice Appropriations Authorization Act (Public Law 

11 107–273; 28 U.S.C. 133 note), is amended— 

12 (1) in the first sentence by striking ‘‘13 years’’ 

13 and inserting ‘‘14 years’’; 

14 (2) in the second sentence (relating to the central 

15 District of California), by striking ‘‘12 years and 6 

16 months’’ and inserting ‘‘13 years and 6 months’’; and 

17 (3) in the third sentence (relating to the western 

18 district of North Carolina), by striking ‘‘11 years’’ 

19 and inserting ‘‘12 years’’. 

20 SEC. 307. Section 3602(a) of title 18, United States 

21 Code, is amended— 

22 (1) by inserting after the first sentence: ‘‘A per23 son appointed as a probation officer in one district 

24 may serve in another district with the consent of the 
476 

•HR 2029 EAH 

1 appointing court and the court in the other district.’’; 

2 and 

3 (2) by inserting in the last sentence ‘‘appoint4 ing’’ before ‘‘court may, for cause’’. 

5 This title may be cited as the ‘‘Judiciary Appropria6 tions Act, 2016’’. 

7 TITLE IV 

8 DISTRICT OF COLUMBIA 

9 FEDERAL FUNDS

10 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

11 For a Federal payment to the District of Columbia, 

12 to be deposited into a dedicated account, for a nationwide 

13 program to be administered by the Mayor, for District of 

14 Columbia resident tuition support, $40,000,000, to remain 

15 available until expended: Provided, That such funds, in16 cluding any interest accrued thereon, may be used on behalf 

17 of eligible District of Columbia residents to pay an amount 

18 based upon the difference between in-State and out-of-State 

19 tuition at public institutions of higher education, or to pay 

20 up to $2,500 each year at eligible private institutions of 

21 higher education: Provided further, That the awarding of 

22 such funds may be prioritized on the basis of a resident’s 

23 academic merit, the income and need of eligible students 

24 and such other factors as may be authorized: Provided fur25 ther, That the District of Columbia government shall main-
477 

•HR 2029 EAH 

1 tain a dedicated account for the Resident Tuition Support 

2 Program that shall consist of the Federal funds appro3 priated to the Program in this Act and any subsequent ap4 propriations, any unobligated balances from prior fiscal 

5 years, and any interest earned in this or any fiscal year: 

6 Provided further, That the account shall be under the con7 trol of the District of Columbia Chief Financial Officer, who 

8 shall use those funds solely for the purposes of carrying out 

9 the Resident Tuition Support Program: Provided further, 

10 That the Office of the Chief Financial Officer shall provide 

11 a quarterly financial report to the Committees on Appro12 priations of the House of Representatives and the Senate 

13 for these funds showing, by object class, the expenditures 

14 made and the purpose therefor. 

15 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

16 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

17 For a Federal payment of necessary expenses, as deter18 mined by the Mayor of the District of Columbia in written 

19 consultation with the elected county or city officials of sur20 rounding jurisdictions, $13,000,000, to remain available 

21 until expended, for the costs of providing public safety at 

22 events related to the presence of the National Capital in 

23 the District of Columbia, including support requested by 

24 the Director of the United States Secret Service in carrying 

25 out protective duties under the direction of the Secretary 
478 

•HR 2029 EAH 

1 of Homeland Security, and for the costs of providing sup2 port to respond to immediate and specific terrorist threats 

3 or attacks in the District of Columbia or surrounding juris4 dictions. 

5 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

6 COURTS

7 For salaries and expenses for the District of Columbia 

8 Courts, $274,401,000 to be allocated as follows: for the Dis9 trict of Columbia Court of Appeals, $14,192,000, of which 

10 not to exceed $2,500 is for official reception and representa11 tion expenses; for the Superior Court of the District of Co12 lumbia, $123,638,000, of which not to exceed $2,500 is for 

13 official reception and representation expenses; for the Dis14 trict of Columbia Court System, $73,981,000, of which not 

15 to exceed $2,500 is for official reception and representation 

16 expenses; and $62,590,000, to remain available until Sep17 tember 30, 2017, for capital improvements for District of 

18 Columbia courthouse facilities: Provided, That funds made 

19 available for capital improvements shall be expended con20 sistent with the District of Columbia Courts master plan 

21 study and facilities condition assessment: Provided further, 

22 That notwithstanding any other provision of law, all 

23 amounts under this heading shall be apportioned quarterly 

24 by the Office of Management and Budget and obligated and 

25 expended in the same manner as funds appropriated for 
479 

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1 salaries and expenses of other Federal agencies: Provided 

2 further, That 30 days after providing written notice to the 

3 Committees on Appropriations of the House of Representa4 tives and the Senate, the District of Columbia Courts may 

5 reallocate not more than $6,000,000 of the funds provided 

6 under this heading among the items and entities funded 

7 under this heading: Provided further, That the Joint Com8 mittee on Judicial Administration in the District of Colum9 bia may, by regulation, establish a program substantially 

10 similar to the program set forth in subchapter II of chapter 

11 35 of title 5, United States Code, for employees of the Dis12 trict of Columbia Courts. 

13 FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT

14 OF COLUMBIA COURTS

15 For payments authorized under section 11–2604 and 

16 section 11–2605, D.C. Official Code (relating to representa17 tion provided under the District of Columbia Criminal Jus18 tice Act), payments for counsel appointed in proceedings 

19 in the Family Court of the Superior Court of the District 

20 of Columbia under chapter 23 of title 16, D.C. Official 

21 Code, or pursuant to contractual agreements to provide 

22 guardian ad litem representation, training, technical as23 sistance, and such other services as are necessary to improve 

24 the quality of guardian ad litem representation, payments 

25 for counsel appointed in adoption proceedings under chap-
480 

•HR 2029 EAH 

1 ter 3 of title 16, D.C. Official Code, and payments author2 ized under section 21–2060, D.C. Official Code (relating to 

3 services provided under the District of Columbia Guardian4 ship, Protective Proceedings, and Durable Power of Attor5 ney Act of 1986), $49,890,000, to remain available until 

6 expended: Provided, That funds provided under this head7 ing shall be administered by the Joint Committee on Judi8 cial Administration in the District of Columbia: Provided 

9 further, That, notwithstanding any other provision of law, 

10 this appropriation shall be apportioned quarterly by the Of11 fice of Management and Budget and obligated and expended 

12 in the same manner as funds appropriated for expenses of 

13 other Federal agencies. 

14 FEDERAL PAYMENT TO THE COURT SERVICES AND OF15 FENDER SUPERVISION AGENCY FOR THE DISTRICT OF

16 COLUMBIA

17 For salaries and expenses, including the transfer and 

18 hire of motor vehicles, of the Court Services and Offender 

19 Supervision Agency for the District of Columbia, as author20 ized by the National Capital Revitalization and Self-Gov21 ernment Improvement Act of 1997, $244,763,000, of which 

22 not to exceed $2,000 is for official reception and representa23 tion expenses related to Community Supervision and Pre24 trial Services Agency programs, of which not to exceed 

25 $25,000 is for dues and assessments relating to the imple-
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•HR 2029 EAH 

1 mentation of the Court Services and Offender Supervision 

2 Agency Interstate Supervision Act of 2002; of which 

3 $182,406,000 shall be for necessary expenses of Community 

4 Supervision and Sex Offender Registration, to include ex5 penses relating to the supervision of adults subject to protec6 tion orders or the provision of services for or related to such 

7 persons, of which up to $3,159,000 shall remain available 

8 until September 30, 2018, for the relocation of offender su9 pervision field offices; and of which $62,357,000 shall be 

10 available to the Pretrial Services Agency: Provided, That 

11 notwithstanding any other provision of law, all amounts 

12 under this heading shall be apportioned quarterly by the 

13 Office of Management and Budget and obligated and ex14 pended in the same manner as funds appropriated for sala15 ries and expenses of other Federal agencies: Provided fur16 ther, That amounts under this heading may be used for pro17 grammatic incentives for offenders and defendants success18 fully meeting terms of supervision: Provided further, That 

19 the Director is authorized to accept and use gifts in the 

20 form of in-kind contributions of the following: space and 

21 hospitality to support offender and defendant programs; 

22 equipment, supplies, clothing, and professional development 

23 and vocational training services and items necessary to sus24 tain, educate, and train offenders and defendants, including 

25 their dependent children; and programmatic incentives for 
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•HR 2029 EAH 

1 offenders and defendants meeting terms of supervision: Pro2 vided further, That the Director shall keep accurate and de3 tailed records of the acceptance and use of any gift under 

4 the previous proviso, and shall make such records available 

5 for audit and public inspection: Provided further, That the 

6 Court Services and Offender Supervision Agency Director 

7 is authorized to accept and use reimbursement from the Dis8 trict of Columbia Government for space and services pro9 vided on a cost reimbursable basis. 

10 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

11 PUBLIC DEFENDER SERVICE

12 For salaries and expenses, including the transfer and 

13 hire of motor vehicles, of the District of Columbia Public 

14 Defender Service, as authorized by the National Capital Re15 vitalization and Self-Government Improvement Act of 1997, 

16 $40,889,000: Provided, That notwithstanding any other 

17 provision of law, all amounts under this heading shall be 

18 apportioned quarterly by the Office of Management and 

19 Budget and obligated and expended in the same manner 

20 as funds appropriated for salaries and expenses of Federal 

21 agencies: Provided further, That, notwithstanding section 

22 1342 of title 31, United States Code, and in addition to 

23 the authority provided by the District of Columbia Code 

24 Section 2–1607(b), upon approval of the Board of Trustees, 

25 the District of Columbia Public Defender Service may ac-
483 

•HR 2029 EAH 

1 cept and use voluntary and uncompensated services for the 

2 purpose of aiding or facilitating the work of the District 

3 of Columbia Public Defender Service: Provided further, 

4 That, notwithstanding District of Columbia Code section 2– 

5 1603(d), for the purpose of any action brought against the 

6 Board of the Trustees of the District of Columbia Public 

7 Defender Service at any time during fiscal year 2016 or 

8 any previous fiscal year, the trustees shall be deemed to be 

9 employees of the Public Defender Service. 

10 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER

11 AND SEWER AUTHORITY

12 For a Federal payment to the District of Columbia 

13 Water and Sewer Authority, $14,000,000, to remain avail14 able until expended, to continue implementation of the 

15 Combined Sewer Overflow Long-Term Plan: Provided, That 

16 the District of Columbia Water and Sewer Authority pro17 vides a 100 percent match for this payment. 

18 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE

19 COORDINATING COUNCIL

20 For a Federal payment to the Criminal Justice Co21 ordinating Council, $1,900,000, to remain available until 

22 expended, to support initiatives related to the coordination 

23 of Federal and local criminal justice resources in the Dis24 trict of Columbia. 
484 

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1 FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

2 For a Federal payment, to remain available until Sep3 tember 30, 2017, to the Commission on Judicial Disabilities 

4 and Tenure, $295,000, and for the Judicial Nomination 

5 Commission, $270,000. 

6 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

7 For a Federal payment for a school improvement pro8 gram in the District of Columbia, $45,000,000, to remain 

9 available until expended, for payments authorized under the 

10 Scholarship for Opportunity and Results Act (division C 

11 of Public Law 112–10): Provided, That, to the extent that 

12 funds are available for opportunity scholarships and fol13 lowing the priorities included in section 3006 of such Act, 

14 the Secretary of Education shall make scholarships avail15 able to students eligible under section 3013(3) of such Act 

16 (Public Law 112–10; 125 Stat. 211) including students who 

17 were not offered a scholarship during any previous school 

18 year: Provided further, That within funds provided for op19 portunity scholarships $3,200,000 shall be for the activities 

20 specified in sections 3007(b) through 3007(d) and 3009 of 

21 the Act. 

22 FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA

23 NATIONAL GUARD

24 For a Federal payment to the District of Columbia 

25 National Guard, $435,000, to remain available until ex-
485 

•HR 2029 EAH 

1 pended for the Major General David F. Wherley, Jr. Dis2 trict of Columbia National Guard Retention and College 

3 Access Program. 

4 FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/ 

5 AIDS

6 For a Federal payment to the District of Columbia 

7 for the testing of individuals for, and the treatment of indi8 viduals with, human immunodeficiency virus and acquired 

9 immunodeficiency syndrome in the District of Columbia, 

10 $5,000,000. 

11 DISTRICT OF COLUMBIA FUNDS

12 Local funds are appropriated for the District of Co13 lumbia for the current fiscal year out of the General Fund 

14 of the District of Columbia (‘‘General Fund’’) for programs 

15 and activities set forth under the heading ‘‘District of Co16 lumbia Funds Summary of Expenses’’ and at the rate set 

17 forth under such heading, as included in the Fiscal Year 

18 2016 Budget Request Act of 2015 submitted to the Congress 

19 by the District of Columbia as amended as of the date of 

20 enactment of this Act: Provided, That notwithstanding any 

21 other provision of law, except as provided in section 450A 

22 of the District of Columbia Home Rule Act (section 1– 

23 204.50a, D.C. Official Code), sections 816 and 817 of the 

24 Financial Services and General Government Appropria25 tions Act, 2009 (secs. 47–369.01 and 47–369.02, D.C. Offi-
486 

•HR 2029 EAH 

1 cial Code), and provisions of this Act, the total amount ap2 propriated in this Act for operating expenses for the Dis3 trict of Columbia for fiscal year 2016 under this heading 

4 shall not exceed the estimates included in the Fiscal Year 

5 2016 Budget Request Act of 2015 submitted to Congress by 

6 the District of Columbia as amended as of the date of enact7 ment of this Act or the sum of the total revenues of the Dis8 trict of Columbia for such fiscal year: Provided further, 

9 That the amount appropriated may be increased by pro10 ceeds of one-time transactions, which are expended for emer11 gency or unanticipated operating or capital needs: Provided 

12 further, That such increases shall be approved by enactment 

13 of local District law and shall comply with all reserve re14 quirements contained in the District of Columbia Home 

15 Rule Act: Provided further, That the Chief Financial Officer 

16 of the District of Columbia shall take such steps as are nec17 essary to assure that the District of Columbia meets these 

18 requirements, including the apportioning by the Chief Fi19 nancial Officer of the appropriations and funds made 

20 available to the District during fiscal year 2016, except that 

21 the Chief Financial Officer may not reprogram for oper22 ating expenses any funds derived from bonds, notes, or other 

23 obligations issued for capital projects. 

24 This title may be cited as the ‘‘District of Columbia 

25 Appropriations Act, 2016’’. 
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1 TITLE V 

2 INDEPENDENT AGENCIES 

3 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

4 SALARIES AND EXPENSES

5 For necessary expenses of the Administrative Con6 ference of the United States, authorized by 5 U.S.C. 591 

7 et seq., $3,100,000, to remain available until September 30, 

8 2017, of which not to exceed $1,000 is for official reception 

9 and representation expenses. 

10 CONSUMER PRODUCT SAFETY COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Consumer Product Safety 

13 Commission, including hire of passenger motor vehicles, 

14 services as authorized by 5 U.S.C. 3109, but at rates for 

15 individuals not to exceed the per diem rate equivalent to 

16 the maximum rate payable under 5 U.S.C. 5376, purchase 

17 of nominal awards to recognize non-Federal officials’ con18 tributions to Commission activities, and not to exceed 

19 $4,000 for official reception and representation expenses, 

20 $125,000,000, of which not less than $1,000,000 shall re21 main available until September 30, 2017, to reduce the costs 

22 of third party testing associated with certification of chil23 dren’s products under section 14 of the Consumer Product 

24 Safety Act (15 U.S.C. 2063). 
488 

•HR 2029 EAH 

1 ELECTION ASSISTANCE COMMISSION

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses to carry out the Help America 

5 Vote Act of 2002 (Public Law 107–252), $9,600,000, of 

6 which $1,500,000 shall be transferred to the National Insti7 tute of Standards and Technology for election reform activi8 ties authorized under the Help America Vote Act of 2002. 

9 FEDERAL COMMUNICATIONS COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Federal Communications 

12 Commission, as authorized by law, including uniforms and 

13 allowances therefor, as authorized by 5 U.S.C. 5901–5902; 

14 not to exceed $4,000 for official reception and representa15 tion expenses; purchase and hire of motor vehicles; special 

16 counsel fees; and services as authorized by 5 U.S.C. 3109, 

17 $339,844,000, to remain available until expended: Pro18 vided, That in addition, $44,168,497 shall be made avail19 able until expended for necessary expenses associated with 

20 moving to a new facility or reconfiguring the existing space 

21 to significantly reduce space consumption: Provided fur22 ther, That $384,012,497 of offsetting collections shall be as23 sessed and collected pursuant to section 9 of title I of the 

24 Communications Act of 1934, shall be retained and used 

25 for necessary expenses and shall remain available until ex-
489 

•HR 2029 EAH 

1 pended: Provided further, That the sum herein appro2 priated shall be reduced as such offsetting collections are 

3 received during fiscal year 2016 so as to result in a final 

4 fiscal year 2016 appropriation estimated at $0: Provided 

5 further, That any offsetting collections received in excess of 

6 $384,012,497 in fiscal year 2016 shall not be available for 

7 obligation: Provided further, That remaining offsetting col8 lections from prior years collected in excess of the amount 

9 specified for collection in each such year and otherwise be10 coming available on October 1, 2015, shall not be available 

11 for obligation: Provided further, That, notwithstanding 47 

12 U.S.C. 309(j)(8)(B), proceeds from the use of a competitive 

13 bidding system that may be retained and made available 

14 for obligation shall not exceed $117,000,000 for fiscal year 

15 2016: Provided further, That, of the amount appropriated 

16 under this heading, not less than $11,600,000 shall be for 

17 the salaries and expenses of the Office of Inspector General. 

18 ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS

19 COMMISSION

20 SEC. 501. Section 302 of the Universal Service 

21 Antideficiency Temporary Suspension Act is amended by 

22 striking ‘‘December 31, 2016’’, each place it appears and 

23 inserting ‘‘December 31, 2017’’. 

24 SEC. 502. None of the funds appropriated by this Act 

25 may be used by the Federal Communications Commission 
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1 to modify, amend, or change its rules or regulations for uni2 versal service support payments to implement the February 

3 27, 2004 recommendations of the Federal-State Joint Board 

4 on Universal Service regarding single connection or pri5 mary line restrictions on universal service support pay6 ments. 

7 FEDERAL DEPOSIT INSURANCE CORPORATION

8 OFFICE OF THE INSPECTOR GENERAL

9 For necessary expenses of the Office of Inspector Gen10 eral in carrying out the provisions of the Inspector General 

11 Act of 1978, $34,568,000, to be derived from the Deposit 

12 Insurance Fund or, only when appropriate, the FSLIC Res13 olution Fund. 

14 FEDERAL ELECTION COMMISSION

15 SALARIES AND EXPENSES

16 For necessary expenses to carry out the provisions of 

17 the Federal Election Campaign Act of 1971, $76,119,000, 

18 of which $5,000,000 shall remain available until September 

19 30, 2017, for lease expiration and replacement lease ex20 penses; and of which not to exceed $5,000 shall be available 

21 for reception and representation expenses. 

22 FEDERAL LABOR RELATIONS AUTHORITY

23 SALARIES AND EXPENSES

24 For necessary expenses to carry out functions of the 

25 Federal Labor Relations Authority, pursuant to Reorga-
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1 nization Plan Numbered 2 of 1978, and the Civil Service 

2 Reform Act of 1978, including services authorized by 5 

3 U.S.C. 3109, and including hire of experts and consultants, 

4 hire of passenger motor vehicles, and including official re5 ception and representation expenses (not to exceed $1,500) 

6 and rental of conference rooms in the District of Columbia 

7 and elsewhere, $26,200,000: Provided, That public members 

8 of the Federal Service Impasses Panel may be paid travel 

9 expenses and per diem in lieu of subsistence as authorized 

10 by law (5 U.S.C. 5703) for persons employed intermittently 

11 in the Government service, and compensation as authorized 

12 by 5 U.S.C. 3109: Provided further, That, notwithstanding 

13 31 U.S.C. 3302, funds received from fees charged to non14 Federal participants at labor-management relations con15 ferences shall be credited to and merged with this account, 

16 to be available without further appropriation for the costs 

17 of carrying out these conferences. 

18 FEDERAL TRADE COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the Federal Trade Commis21 sion, including uniforms or allowances therefor, as author22 ized by 5 U.S.C. 5901–5902; services as authorized by 5 

23 U.S.C. 3109; hire of passenger motor vehicles; and not to 

24 exceed $2,000 for official reception and representation ex25 penses, $306,900,000, to remain available until expended: 
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1 Provided, That not to exceed $300,000 shall be available 

2 for use to contract with a person or persons for collection 

3 services in accordance with the terms of 31 U.S.C. 3718: 

4 Provided further, That, notwithstanding any other provi5 sion of law, not to exceed $124,000,000 of offsetting collec6 tions derived from fees collected for premerger notification 

7 filings under the Hart-Scott-Rodino Antitrust Improve8 ments Act of 1976 (15 U.S.C. 18a), regardless of the year 

9 of collection, shall be retained and used for necessary ex10 penses in this appropriation: Provided further, That, not11 withstanding any other provision of law, not to exceed 

12 $14,000,000 in offsetting collections derived from fees suffi13 cient to implement and enforce the Telemarketing Sales 

14 Rule, promulgated under the Telemarketing and Consumer 

15 Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.), 

16 shall be credited to this account, and be retained and used 

17 for necessary expenses in this appropriation: Provided fur18 ther, That the sum herein appropriated from the general 

19 fund shall be reduced as such offsetting collections are re20 ceived during fiscal year 2016, so as to result in a final 

21 fiscal year 2016 appropriation from the general fund esti22 mated at not more than $168,900,000: Provided further, 

23 That none of the funds made available to the Federal Trade 

24 Commission may be used to implement subsection (e)(2)(B) 
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1 of section 43 of the Federal Deposit Insurance Act (12 

2 U.S.C. 1831t). 

3 GENERAL SERVICES ADMINISTRATION

4 REAL PROPERTY ACTIVITIES

5 FEDERAL BUILDINGS FUND

6 LIMITATIONS ON AVAILABILITY OF REVENUE

7 (INCLUDING TRANSFERS OF FUNDS)

8 Amounts in the Fund, including revenues and collec9 tions deposited into the Fund, shall be available for nec10 essary expenses of real property management and related 

11 activities not otherwise provided for, including operation, 

12 maintenance, and protection of federally owned and leased 

13 buildings; rental of buildings in the District of Columbia; 

14 restoration of leased premises; moving governmental agen15 cies (including space adjustments and telecommunications 

16 relocation expenses) in connection with the assignment, al17 location, and transfer of space; contractual services incident 

18 to cleaning or servicing buildings, and moving; repair and 

19 alteration of federally owned buildings, including grounds, 

20 approaches, and appurtenances; care and safeguarding of 

21 sites; maintenance, preservation, demolition, and equip22 ment; acquisition of buildings and sites by purchase, con23 demnation, or as otherwise authorized by law; acquisition 

24 of options to purchase buildings and sites; conversion and 

25 extension of federally owned buildings; preliminary plan-
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1 ning and design of projects by contract or otherwise; con2 struction of new buildings (including equipment for such 

3 buildings); and payment of principal, interest, and any 

4 other obligations for public buildings acquired by install5 ment purchase and purchase contract; in the aggregate 

6 amount of $10,196,124,000, of which— 

7 (1) $1,607,738,000 shall remain available until 

8 expended for construction and acquisition (including 

9 funds for sites and expenses, and associated design 

10 and construction services) as follows: 

11 (A) $341,000,000 shall be for the DHS Con12 solidation at St. Elizabeths; 

13 (B) $105,600,000 shall be for the Alexan14 dria Bay, New York, Land Port of Entry; 

15 (C) $85,645,000 shall be for the Columbus, 

16 New Mexico, Land Port of Entry; 

17 (D) $947,760,000 shall be for new construc18 tion projects of the Federal Judiciary as 

19 prioritized in the ‘‘Federal Judiciary Courthouse 

20 Project Priorities’’ plan approved by the Judi21 cial Conference of the United States on Sep22 tember 17, 2015, and submitted to the House and 

23 Senate Committees on Appropriations on Sep24 tember 28, 2015; 
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1 (E) $52,733,000 shall be for new construc2 tion and acquisition projects that are joint 

3 United States courthouses and Federal buildings, 

4 including U.S. Post Offices, on the ‘‘FY2015– 

5 FY2019 Five-Year Capital Investment Plan’’ 

6 submitted by the General Services Administra7 tion to the House and Senate Committees on Ap8 propriations with the agency’s fiscal year 2016 

9 Congressional Justification; and 

10 (F) $75,000,000 shall be for construction 

11 management and oversight activities, and other 

12 project support costs, for the FBI Headquarters 

13 Consolidation: 

14 Provided, That each of the foregoing limits of costs on 

15 new construction and acquisition projects may be ex16 ceeded to the extent that savings are effected in other 

17 such projects, but not to exceed 10 percent of the 

18 amounts included in a transmitted prospectus, if re19 quired, unless advance approval is obtained from the 

20 Committees on Appropriations of a greater amount; 

21 (2) $735,331,000 shall remain available until ex22 pended for repairs and alterations, including associ23 ated design and construction services, of which— 

24 (A) $310,331,000 is for Major Repairs and 

25 Alterations; 
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•HR 2029 EAH 

1 (B) $300,000,000 is for Basic Repairs and 

2 Alterations; and 

3 (C) $125,000,000 is for Special Emphasis 

4 Programs, of which— 

5 (i) $20,000,000 is for Fire and Life 

6 Safety; 

7 (ii) $20,000,000 is for Judiciary Cap8 ital Security; 

9 (iii) $10,000,000 is for Energy and 

10 Water Retrofit and Conservation Measures; 

11 and 

12 (iv) $75,000,000 is for Consolidation 

13 Activities: Provided, That consolidation 

14 projects result in reduced annual rent paid 

15 by the tenant agency: Provided further, 

16 That no consolidation project exceed 

17 $20,000,000 in costs: Provided further, That 

18 consolidation projects are approved by each 

19 of the committees specified in section 

20 3307(a) of title 40, United States Code: 

21 Provided further, That preference is given to 

22 consolidation projects that achieve a utiliza23 tion rate of 130 usable square feet or less 

24 per person for office space: Provided further, 

25 That the obligation of funds under this 
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•HR 2029 EAH 

1 paragraph for consolidation activities may 

2 not be made until 10 days after a proposed 

3 spending plan and explanation for each 

4 project to be undertaken, including esti5 mated savings, has been submitted to the 

6 Committees on Appropriations of the House 

7 of Representatives and the Senate: 

8 Provided, That funds made available in this or any 

9 previous Act in the Federal Buildings Fund for Re10 pairs and Alterations shall, for prospectus projects, be 

11 limited to the amount identified for each project, ex12 cept each project in this or any previous Act may be 

13 increased by an amount not to exceed 10 percent un14 less advance approval is obtained from the Commit15 tees on Appropriations of a greater amount: Provided 

16 further, That additional projects for which 

17 prospectuses have been fully approved may be funded 

18 under this category only if advance approval is ob19 tained from the Committees on Appropriations: Pro20 vided further, That the amounts provided in this or 

21 any prior Act for ‘‘Repairs and Alterations’’ may be 

22 used to fund costs associated with implementing secu23 rity improvements to buildings necessary to meet the 

24 minimum standards for security in accordance with 

25 current law and in compliance with the reprogram-
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1 ming guidelines of the appropriate Committees of the 

2 House and Senate: Provided further, That the dif3 ference between the funds appropriated and expended 

4 on any projects in this or any prior Act, under the 

5 heading ‘‘Repairs and Alterations’’, may be trans6 ferred to Basic Repairs and Alterations or used to 

7 fund authorized increases in prospectus projects: Pro8 vided further, That the amount provided in this or 

9 any prior Act for Basic Repairs and Alterations may 

10 be used to pay claims against the Government arising 

11 from any projects under the heading ‘‘Repairs and 

12 Alterations’’ or used to fund authorized increases in 

13 prospectus projects; 

14 (3) $5,579,055,000 for rental of space to remain 

15 available until expended; and 

16 (4) $2,274,000,000 for building operations to re17 main available until expended, of which 

18 $1,137,000,000 is for building services, and 

19 $1,137,000,000 is for salaries and expenses: Provided 

20 further, That not to exceed 5 percent of any appro21 priation made available under this paragraph for 

22 building operations may be transferred between and 

23 merged with such appropriations upon notification to 

24 the Committees on Appropriations of the House of 

25 Representatives and the Senate, but no such appro-
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1 priation shall be increased by more than 5 percent by 

2 any such transfers: Provided further, That section 508 

3 of this title shall not apply with respect to funds 

4 made available under this heading for building oper5 ations: Provided further, That the total amount of 

6 funds made available from this Fund to the General 

7 Services Administration shall not be available for ex8 penses of any construction, repair, alteration and ac9 quisition project for which a prospectus, if required 

10 by 40 U.S.C. 3307(a), has not been approved, except 

11 that necessary funds may be expended for each project 

12 for required expenses for the development of a pro13 posed prospectus: Provided further, That funds avail14 able in the Federal Buildings Fund may be expended 

15 for emergency repairs when advance approval is ob16 tained from the Committees on Appropriations: Pro17 vided further, That amounts necessary to provide re18 imbursable special services to other agencies under 40 

19 U.S.C. 592(b)(2) and amounts to provide such reim20 bursable fencing, lighting, guard booths, and other fa21 cilities on private or other property not in Govern22 ment ownership or control as may be appropriate to 

23 enable the United States Secret Service to perform its 

24 protective functions pursuant to 18 U.S.C. 3056, shall 

25 be available from such revenues and collections: Pro-
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•HR 2029 EAH 

1 vided further, That revenues and collections and any 

2 other sums accruing to this Fund during fiscal year 

3 2016, excluding reimbursements under 40 U.S.C. 

4 592(b)(2), in excess of the aggregate new obligational 

5 authority authorized for Real Property Activities of 

6 the Federal Buildings Fund in this Act shall remain 

7 in the Fund and shall not be available for expendi8 ture except as authorized in appropriations Acts. 

9 GENERAL ACTIVITIES

10 GOVERNMENT-WIDE POLICY

11 For expenses authorized by law, not otherwise provided 

12 for, for Government-wide policy and evaluation activities 

13 associated with the management of real and personal prop14 erty assets and certain administrative services; Govern15 ment-wide policy support responsibilities relating to acqui16 sition, travel, motor vehicles, information technology man17 agement, and related technology activities; and services as 

18 authorized by 5 U.S.C. 3109; $58,000,000. 

19 OPERATING EXPENSES

20 (INCLUDING TRANSFER OF FUNDS)

21 For expenses authorized by law, not otherwise provided 

22 for, for Government-wide activities associated with utiliza23 tion and donation of surplus personal property; disposal 

24 of real property; agency-wide policy direction, manage25 ment, and communications; the Civilian Board of Contract 
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•HR 2029 EAH 

1 Appeals; and services as authorized by 5 U.S.C. 3109; 

2 $58,560,000, of which $25,979,000 is for Real and Personal 

3 Property Management and Disposal; $23,397,000 is for the 

4 Office of the Administrator, of which not to exceed $7,500 

5 is for official reception and representation expenses; and 

6 $9,184,000 is for the Civilian Board of Contract Appeals: 

7 Provided, That not to exceed 5 percent of the appropriation 

8 made available under this heading for Office of the Admin9 istrator may be transferred to the appropriation for the 

10 Real and Personal Property Management and Disposal 

11 upon notification to the Committees on Appropriations of 

12 the House of Representatives and the Senate, but the appro13 priation for the Real and Personal Property Management 

14 and Disposal may not be increased by more than 5 percent 

15 by any such transfer. 

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector Gen18 eral and service authorized by 5 U.S.C. 3109, $65,000,000, 

19 of which $2,000,000 is available until expended: Provided, 

20 That not to exceed $50,000 shall be available for payment 

21 for information and detection of fraud against the Govern22 ment, including payment for recovery of stolen Government 

23 property: Provided further, That not to exceed $2,500 shall 

24 be available for awards to employees of other Federal agen25 cies and private citizens in recognition of efforts and initia-
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1 tives resulting in enhanced Office of Inspector General effec2 tiveness. 

3 ALLOWANCES AND OFFICE STAFF FOR FORMER

4 PRESIDENTS

5 For carrying out the provisions of the Act of August 

6 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, 

7 $3,277,000. 

8 PRE-ELECTION PRESIDENTIAL TRANSITION

9 (INCLUDING TRANSFER OF FUNDS)

10 For activities authorized by the Pre-Election Presi11 dential Transition Act of 2010 (Public Law 111–283), not 

12 to exceed $13,278,000, to remain available until September 

13 30, 2017: Provided, That such amounts may be transferred 

14 and credited to ‘‘Acquisition Services Fund’’ or ‘‘Federal 

15 Buildings Fund’’ to reimburse obligations incurred for the 

16 purposes provided herein in fiscal year 2015 and 2016: Pro17 vided further, That amounts made available under this 

18 heading shall be in addition to any other amounts available 

19 for such purposes. 

20 FEDERAL CITIZEN SERVICES FUND

21 (INCLUDING TRANSFERS OF FUNDS)

22 For necessary expenses of the Office of Citizen Services 

23 and Innovative Technologies, including services authorized 

24 by 40 U.S.C. 323 and 44 U.S.C. 3604; and for necessary 

25 expenses in support of interagency projects that enable the 
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1 Federal Government to enhance its ability to conduct ac2 tivities electronically, through the development and imple3 mentation of innovative uses of information technology; 

4 $55,894,000, to be deposited into the Federal Citizen Serv5 ices Fund: Provided, That the previous amount may be 

6 transferred to Federal agencies to carry out the purpose of 

7 the Federal Citizen Services Fund: Provided further, That 

8 the appropriations, revenues, reimbursements, and collec9 tions deposited into the Fund shall be available until ex10 pended for necessary expenses of Federal Citizen Services 

11 and other activities that enable the Federal Government to 

12 enhance its ability to conduct activities electronically in the 

13 aggregate amount not to exceed $90,000,000: Provided fur14 ther, That appropriations, revenues, reimbursements, and 

15 collections accruing to this Fund during fiscal year 2016 

16 in excess of such amount shall remain in the Fund and 

17 shall not be available for expenditure except as authorized 

18 in appropriations Acts: Provided further, That any appro19 priations provided to the Electronic Government Fund that 

20 remain unobligated may be transferred to the Federal Cit21 izen Services Fund: Provided further, That the transfer au22 thorities provided herein shall be in addition to any other 

23 transfer authority provided in this Act. 
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1 ADMINISTRATIVE PROVISIONS—GENERAL SERVICES

2 ADMINISTRATION

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 510. Funds available to the General Services Ad5 ministration shall be available for the hire of passenger 

6 motor vehicles. 

7 SEC. 511. Funds in the Federal Buildings Fund made 

8 available for fiscal year 2016 for Federal Buildings Fund 

9 activities may be transferred between such activities only 

10 to the extent necessary to meet program requirements: Pro11 vided, That any proposed transfers shall be approved in ad12 vance by the Committees on Appropriations of the House 

13 of Representatives and the Senate. 

14 SEC. 512. Except as otherwise provided in this title, 

15 funds made available by this Act shall be used to transmit 

16 a fiscal year 2017 request for United States Courthouse con17 struction only if the request: (1) meets the design guide 

18 standards for construction as established and approved by 

19 the General Services Administration, the Judicial Con20 ference of the United States, and the Office of Management 

21 and Budget; (2) reflects the priorities of the Judicial Con22 ference of the United States as set out in its approved 5- 

23 year construction plan; and (3) includes a standardized 

24 courtroom utilization study of each facility to be con25 structed, replaced, or expanded. 
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1 SEC. 513. None of the funds provided in this Act may 

2 be used to increase the amount of occupiable square feet, 

3 provide cleaning services, security enhancements, or any 

4 other service usually provided through the Federal Build5 ings Fund, to any agency that does not pay the rate per 

6 square foot assessment for space and services as determined 

7 by the General Services Administration in consideration of 

8 the Public Buildings Amendments Act of 1972 (Public Law 

9 92–313). 

10 SEC. 514. From funds made available under the head11 ing Federal Buildings Fund, Limitations on Availability 

12 of Revenue, claims against the Government of less than 

13 $250,000 arising from direct construction projects and ac14 quisition of buildings may be liquidated from savings ef15 fected in other construction projects with prior notification 

16 to the Committees on Appropriations of the House of Rep17 resentatives and the Senate. 

18 SEC. 515. In any case in which the Committee on 

19 Transportation and Infrastructure of the House of Rep20 resentatives and the Committee on Environment and Public 

21 Works of the Senate adopt a resolution granting lease au22 thority pursuant to a prospectus transmitted to Congress 

23 by the Administrator of the General Services Administra24 tion under 40 U.S.C. 3307, the Administrator shall ensure 

25 that the delineated area of procurement is identical to the 
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•HR 2029 EAH 

1 delineated area included in the prospectus for all lease 

2 agreements, except that, if the Administrator determines 

3 that the delineated area of the procurement should not be 

4 identical to the delineated area included in the prospectus, 

5 the Administrator shall provide an explanatory statement 

6 to each of such committees and the Committees on Appro7 priations of the House of Representatives and the Senate 

8 prior to exercising any lease authority provided in the reso9 lution. 

10 SEC. 516. With respect to each project funded under 

11 the heading ‘‘Major Repairs and Alterations’’ or ‘‘Judiciary 

12 Capital Security Program’’, and with respect to E-Govern13 ment projects funded under the heading ‘‘Federal Citizen 

14 Services Fund’’, the Administrator of General Services shall 

15 submit a spending plan and explanation for each project 

16 to be undertaken to the Committees on Appropriations of 

17 the House of Representatives and the Senate not later than 

18 60 days after the date of enactment of this Act. 

19 SEC. 517. With respect to each project funded under 

20 the heading of ‘‘new construction projects of the Federal Ju21 diciary’’, the General Services Administration, in consulta22 tion with the Administrative Office of the United States 

23 Courts, shall submit a spending plan and description for 

24 each project to be undertaken to the Committees on Appro25 priations of the House of Representatives and the Senate 
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•HR 2029 EAH 

1 not later than 120 days after the date of enactment of this 

2 Act. 

3 SEC. 518. With respect to each project funded under 

4 the heading of ‘‘joint United States courthouses and Federal 

5 buildings, including U.S. Post Offices’’, the General Serv6 ices Administration shall submit a spending plan and ex7 planation for the projects to be undertaken to the Commit8 tees on Appropriations of the House of Representatives and 

9 the Senate not later than 60 days after the date of enact10 ment of this Act. 

11 HARRY S TRUMAN SCHOLARSHIP FOUNDATION

12 SALARIES AND EXPENSES

13 For payment to the Harry S Truman Scholarship 

14 Foundation Trust Fund, established by section 10 of Public 

15 Law 93–642, $1,000,000, to remain available until ex16 pended. 

17 MERIT SYSTEMS PROTECTION BOARD

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses to carry out functions of the 

21 Merit Systems Protection Board pursuant to Reorganiza22 tion Plan Numbered 2 of 1978, the Civil Service Reform 

23 Act of 1978, and the Whistleblower Protection Act of 1989 

24 (5 U.S.C. 5509 note), including services as authorized by 

25 5 U.S.C. 3109, rental of conference rooms in the District 
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1 of Columbia and elsewhere, hire of passenger motor vehicles, 

2 direct procurement of survey printing, and not to exceed 

3 $2,000 for official reception and representation expenses, 

4 $44,490,000, to remain available until September 30, 2017, 

5 and in addition not to exceed $2,345,000, to remain avail6 able until September 30, 2017, for administrative expenses 

7 to adjudicate retirement appeals to be transferred from the 

8 Civil Service Retirement and Disability Fund in amounts 

9 determined by the Merit Systems Protection Board. 

10 MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION

11 MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND

12 (INCLUDING TRANSFER OF FUNDS)

13 For payment to the Morris K. Udall and Stewart L. 

14 Udall Trust Fund, pursuant to the Morris K. Udall and 

15 Stewart L. Udall Foundation Act (20 U.S.C. 5601 et seq.), 

16 $1,995,000, to remain available until expended, of which, 

17 notwithstanding sections 8 and 9 of such Act: (1) up to 

18 $50,000 shall be used to conduct financial audits pursuant 

19 to the Accountability of Tax Dollars Act of 2002 (Public 

20 Law 107–289); and (2) up to $1,000,000 shall be available 

21 to carry out the activities authorized by section 6(7) of Pub22 lic Law 102–259 and section 817(a) of Public Law 106– 

23 568 (20 U.S.C. 5604(7)): Provided, That of the total 

24 amount made available under this heading $200,000 shall 

25 be transferred to the Office of Inspector General of the De-
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1 partment of the Interior, to remain available until ex2 pended, for audits and investigations of the Morris K. Udall 

3 and Stewart L. Udall Foundation, consistent with the In4 spector General Act of 1978 (5 U.S.C. App.). 

5 ENVIRONMENTAL DISPUTE RESOLUTION FUND

6 For payment to the Environmental Dispute Resolution 

7 Fund to carry out activities authorized in the Environ8 mental Policy and Conflict Resolution Act of 1998, 

9 $3,400,000, to remain available until expended. 

10 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

11 OPERATING EXPENSES

12 For necessary expenses in connection with the admin13 istration of the National Archives and Records Administra14 tion and archived Federal records and related activities, as 

15 provided by law, and for expenses necessary for the review 

16 and declassification of documents, the activities of the Pub17 lic Interest Declassification Board, the operations and 

18 maintenance of the electronic records archives, the hire of 

19 passenger motor vehicles, and for uniforms or allowances 

20 therefor, as authorized by law (5 U.S.C. 5901), including 

21 maintenance, repairs, and cleaning, $372,393,000. 

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector Gen24 eral in carrying out the provisions of the Inspector General 

25 Reform Act of 2008, Public Law 110–409, 122 Stat. 4302– 
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1 16 (2008), and the Inspector General Act of 1978 (5 U.S.C. 

2 App.), and for the hire of passenger motor vehicles, 

3 $4,180,000. 

4 REPAIRS AND RESTORATION

5 For the repair, alteration, and improvement of ar6 chives facilities, and to provide adequate storage for hold7 ings, $7,500,000, to remain available until expended: Pro8 vided, That from amounts made available under this head9 ing in Public Laws 111–8 and 111–117 for necessary ex10 penses related to the repair and renovation of the Franklin 

11 D. Roosevelt Presidential Library and Museum in Hyde 

12 Park, New York, the remaining unobligated balances shall 

13 be available to implement the National Archives and 

14 Records Administration Capital Improvement Plan. 

15 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

16 COMMISSION

17 GRANTS PROGRAM

18 For necessary expenses for allocations and grants for 

19 historical publications and records as authorized by 44 

20 U.S.C. 2504, $5,000,000, to remain available until ex21 pended. 

22 NATIONAL CREDIT UNION ADMINISTRATION

23 COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

24 For the Community Development Revolving Loan 

25 Fund program as authorized by 42 U.S.C. 9812, 9822 and 
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•HR 2029 EAH 

1 9910, $2,000,000 shall be available until September 30, 

2 2017, for technical assistance to low-income designated 

3 credit unions. 

4 OFFICE OF GOVERNMENT ETHICS

5 SALARIES AND EXPENSES

6 For necessary expenses to carry out functions of the 

7 Office of Government Ethics pursuant to the Ethics in Gov8 ernment Act of 1978, the Ethics Reform Act of 1989, and 

9 the Stop Trading on Congressional Knowledge Act of 2012, 

10 including services as authorized by 5 U.S.C. 3109, rental 

11 of conference rooms in the District of Columbia and else12 where, hire of passenger motor vehicles, and not to exceed 

13 $1,500 for official reception and representation expenses, 

14 $15,742,000. 

15 OFFICE OF PERSONNEL MANAGEMENT

16 SALARIES AND EXPENSES

17 (INCLUDING TRANSFER OF TRUST FUNDS)

18 For necessary expenses to carry out functions of the 

19 Office of Personnel Management (OPM) pursuant to Reor20 ganization Plan Numbered 2 of 1978 and the Civil Service 

21 Reform Act of 1978, including services as authorized by 5 

22 U.S.C. 3109; medical examinations performed for veterans 

23 by private physicians on a fee basis; rental of conference 

24 rooms in the District of Columbia and elsewhere; hire of 

25 passenger motor vehicles; not to exceed $2,500 for official 
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•HR 2029 EAH 

1 reception and representation expenses; advances for reim2 bursements to applicable funds of OPM and the Federal Bu3 reau of Investigation for expenses incurred under Executive 

4 Order No. 10422 of January 9, 1953, as amended; and pay5 ment of per diem and/or subsistence allowances to employ6 ees where Voting Rights Act activities require an employee 

7 to remain overnight at his or her post of duty, 

8 $120,688,000, of which $2,500,000 shall remain available 

9 until expended for Federal investigations enhancements, 

10 and of which $616,000 may be for strengthening the capac11 ity and capabilities of the acquisition workforce (as defined 

12 by the Office of Federal Procurement Policy Act, as amend13 ed (41 U.S.C. 4001 et seq.)), including the recruitment, hir14 ing, training, and retention of such workforce and informa15 tion technology in support of acquisition workforce effective16 ness or for management solutions to improve acquisition 

17 management; and in addition $124,550,000 for administra18 tive expenses, to be transferred from the appropriate trust 

19 funds of OPM without regard to other statutes, including 

20 direct procurement of printed materials, for the retirement 

21 and insurance programs: Provided, That the provisions of 

22 this appropriation shall not affect the authority to use ap23 plicable trust funds as provided by sections 8348(a)(1)(B), 

24 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5, 

25 United States Code: Provided further, That no part of this 
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•HR 2029 EAH 

1 appropriation shall be available for salaries and expenses 

2 of the Legal Examining Unit of OPM established pursuant 

3 to Executive Order No. 9358 of July 1, 1943, or any suc4 cessor unit of like purpose: Provided further, That the Presi5 dent’s Commission on White House Fellows, established by 

6 Executive Order No. 11183 of October 3, 1964, may, during 

7 fiscal year 2016, accept donations of money, property, and 

8 personal services: Provided further, That such donations, 

9 including those from prior years, may be used for the devel10 opment of publicity materials to provide information about 

11 the White House Fellows, except that no such donations 

12 shall be accepted for travel or reimbursement of travel ex13 penses, or for the salaries of employees of such Commission. 

14 OFFICE OF INSPECTOR GENERAL

15 SALARIES AND EXPENSES

16 (INCLUDING TRANSFER OF TRUST FUNDS)

17 For necessary expenses of the Office of Inspector Gen18 eral in carrying out the provisions of the Inspector General 

19 Act of 1978, including services as authorized by 5 U.S.C. 

20 3109, hire of passenger motor vehicles, $4,365,000, and in 

21 addition, not to exceed $22,479,000 for administrative ex22 penses to audit, investigate, and provide other oversight of 

23 the Office of Personnel Management’s retirement and insur24 ance programs, to be transferred from the appropriate trust 

25 funds of the Office of Personnel Management, as determined 
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1 by the Inspector General: Provided, That the Inspector Gen2 eral is authorized to rent conference rooms in the District 

3 of Columbia and elsewhere. 

4 OFFICE OF SPECIAL COUNSEL

5 SALARIES AND EXPENSES

6 For necessary expenses to carry out functions of the 

7 Office of Special Counsel pursuant to Reorganization Plan 

8 Numbered 2 of 1978, the Civil Service Reform Act of 1978 

9 (Public Law 95–454), the Whistleblower Protection Act of 

10 1989 (Public Law 101–12) as amended by Public Law 107– 

11 304, the Whistleblower Protection Enhancement Act of 2012 

12 (Public Law 112–199), and the Uniformed Services Em13 ployment and Reemployment Rights Act of 1994 (Public 

14 Law 103–353), including services as authorized by 5 U.S.C. 

15 3109, payment of fees and expenses for witnesses, rental of 

16 conference rooms in the District of Columbia and elsewhere, 

17 and hire of passenger motor vehicles; $24,119,000. 

18 POSTAL REGULATORY COMMISSION

19 SALARIES AND EXPENSES

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses of the Postal Regulatory Com22 mission in carrying out the provisions of the Postal Ac23 countability and Enhancement Act (Public Law 109–435), 

24 $15,200,000, to be derived by transfer from the Postal Serv-
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1 ice Fund and expended as authorized by section 603(a) of 

2 such Act. 

3 PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the Privacy and Civil Lib6 erties Oversight Board, as authorized by section 1061 of the 

7 Intelligence Reform and Terrorism Prevention Act of 2004 

8 (42 U.S.C. 2000ee), $21,297,000, to remain available until 

9 September 30, 2017. 

10 SECURITIES AND EXCHANGE COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses for the Securities and Exchange 

13 Commission, including services as authorized by 5 U.S.C. 

14 3109, the rental of space (to include multiple year leases) 

15 in the District of Columbia and elsewhere, and not to exceed 

16 $3,500 for official reception and representation expenses, 

17 $1,605,000,000, to remain available until expended; of 

18 which not less than $11,315,971 shall be for the Office of 

19 Inspector General; of which not to exceed $75,000 shall be 

20 available for a permanent secretariat for the International 

21 Organization of Securities Commissions; of which not to ex22 ceed $100,000 shall be available for expenses for consulta23 tions and meetings hosted by the Commission with foreign 

24 governmental and other regulatory officials, members of 

25 their delegations and staffs to exchange views concerning 
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1 securities matters, such expenses to include necessary logis2 tic and administrative expenses and the expenses of Com3 mission staff and foreign invitees in attendance including: 

4 (1) incidental expenses such as meals; (2) travel and trans5 portation; and (3) related lodging or subsistence; and of 

6 which not less than $68,223,000 shall be for the Division 

7 of Economic and Risk Analysis: Provided, That fees and 

8 charges authorized by section 31 of the Securities Exchange 

9 Act of 1934 (15 U.S.C. 78ee) shall be credited to this ac10 count as offsetting collections: Provided further, That not 

11 to exceed $1,605,000,000 of such offsetting collections shall 

12 be available until expended for necessary expenses of this 

13 account: Provided further, That the total amount appro14 priated under this heading from the general fund for fiscal 

15 year 2016 shall be reduced as such offsetting fees are re16 ceived so as to result in a final total fiscal year 2016 appro17 priation from the general fund estimated at not more than 

18 $0. 

19 SELECTIVE SERVICE SYSTEM

20 SALARIES AND EXPENSES

21 For necessary expenses of the Selective Service System, 

22 including expenses of attendance at meetings and of train23 ing for uniformed personnel assigned to the Selective Serv24 ice System, as authorized by 5 U.S.C. 4101–4118 for civil25 ian employees; hire of passenger motor vehicles; services as 
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1 authorized by 5 U.S.C. 3109; and not to exceed $750 for 

2 official reception and representation expenses; $22,703,000: 

3 Provided, That during the current fiscal year, the President 

4 may exempt this appropriation from the provisions of 31 

5 U.S.C. 1341, whenever the President deems such action to 

6 be necessary in the interest of national defense: Provided 

7 further, That none of the funds appropriated by this Act 

8 may be expended for or in connection with the induction 

9 of any person into the Armed Forces of the United States. 

10 SMALL BUSINESS ADMINISTRATION

11 SALARIES AND EXPENSES

12 For necessary expenses, not otherwise provided for, of 

13 the Small Business Administration, including hire of pas14 senger motor vehicles as authorized by sections 1343 and 

15 1344 of title 31, United States Code, and not to exceed 

16 $3,500 for official reception and representation expenses, 

17 $268,000,000, of which not less than $12,000,000 shall be 

18 available for examinations, reviews, and other lender over19 sight activities: Provided, That the Administrator is au20 thorized to charge fees to cover the cost of publications devel21 oped by the Small Business Administration, and certain 

22 loan program activities, including fees authorized by sec23 tion 5(b) of the Small Business Act: Provided further, That, 

24 notwithstanding 31 U.S.C. 3302, revenues received from all 

25 such activities shall be credited to this account, to remain 
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1 available until expended, for carrying out these purposes 

2 without further appropriations: Provided further, That the 

3 Small Business Administration may accept gifts in an 

4 amount not to exceed $4,000,000 and may co-sponsor ac5 tivities, each in accordance with section 132(a) of division 

6 K of Public Law 108–447, during fiscal year 2016: Pro7 vided further, That $6,100,000 shall be available for the 

8 Loan Modernization and Accounting System, to be avail9 able until September 30, 2017: Provided further, That 

10 $3,000,000 shall be for the Federal and State Technology 

11 Partnership Program under section 34 of the Small Busi12 ness Act (15 U.S.C. 657d). 

13 ENTREPRENEURIAL DEVELOPMENT PROGRAMS

14 For necessary expenses of programs supporting entre15 preneurial and small business development, $231,100,000, 

16 to remain available until September 30, 2017: Provided, 

17 That $117,000,000 shall be available to fund grants for per18 formance in fiscal year 2016 or fiscal year 2017 as author19 ized by section 21 of the Small Business Act: Provided fur20 ther, That $25,000,000 shall be for marketing, management, 

21 and technical assistance under section 7(m) of the Small 

22 Business Act (15 U.S.C. 636(m)(4)) by intermediaries that 

23 make microloans under the microloan program: Provided 

24 further, That $18,000,000 shall be available for grants to 

25 States to carry out export programs that assist small busi-
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1 ness concerns authorized under section 1207 of Public Law 

2 111–240. 

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector Gen5 eral in carrying out the provisions of the Inspector General 

6 Act of 1978, $19,900,000. 

7 OFFICE OF ADVOCACY

8 For necessary expenses of the Office of Advocacy in 

9 carrying out the provisions of title II of Public Law 94– 

10 305 (15 U.S.C. 634a et seq.) and the Regulatory Flexibility 

11 Act of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to remain 

12 available until expended. 

13 BUSINESS LOANS PROGRAM ACCOUNT

14 (INCLUDING TRANSFER OF FUNDS)

15 For the cost of direct loans, $3,338,172, to remain 

16 available until expended: Provided, That such costs, includ17 ing the cost of modifying such loans, shall be as defined 

18 in section 502 of the Congressional Budget Act of 1974: Pro19 vided further, That subject to section 502 of the Congres20 sional Budget Act of 1974, during fiscal year 2016 commit21 ments to guarantee loans under section 503 of the Small 

22 Business Investment Act of 1958 shall not exceed 

23 $7,500,000,000: Provided further, That during fiscal year 

24 2016 commitments for general business loans authorized 

25 under section 7(a) of the Small Business Act shall not ex-
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1 ceed $26,500,000,000 for a combination of amortizing term 

2 loans and the aggregated maximum line of credit provided 

3 by revolving loans: Provided further, That during fiscal 

4 year 2016 commitments for loans authorized under sub5 paragraph (C) of section 502(7) of The Small Business In6 vestment Act of 1958 (15 U.S.C. 696(7)) shall not exceed 

7 $7,500,000,000: Provided further, That during fiscal year 

8 2016 commitments to guarantee loans for debentures under 

9 section 303(b) of the Small Business Investment Act of 1958 

10 shall not exceed $4,000,000,000: Provided further, That dur11 ing fiscal year 2016, guarantees of trust certificates author12 ized by section 5(g) of the Small Business Act shall not ex13 ceed a principal amount of $12,000,000,000. In addition, 

14 for administrative expenses to carry out the direct and 

15 guaranteed loan programs, $152,725,828, which may be 

16 transferred to and merged with the appropriations for Sala17 ries and Expenses. 

18 DISASTER LOANS PROGRAM ACCOUNT

19 (INCLUDING TRANSFERS OF FUNDS)

20 For administrative expenses to carry out the direct 

21 loan program authorized by section 7(b) of the Small Busi22 ness Act, $186,858,000, to be available until expended, of 

23 which $1,000,000 is for the Office of Inspector General of 

24 the Small Business Administration for audits and reviews 

25 of disaster loans and the disaster loan programs and shall 
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1 be transferred to and merged with the appropriations for 

2 the Office of Inspector General; of which $176,858,000 is 

3 for direct administrative expenses of loan making and serv4 icing to carry out the direct loan program, which may be 

5 transferred to and merged with the appropriations for Sala6 ries and Expenses; and of which $9,000,000 is for indirect 

7 administrative expenses for the direct loan program, which 

8 may be transferred to and merged with the appropriations 

9 for Salaries and Expenses. 

10 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS

11 ADMINISTRATION

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 520. Not to exceed 5 percent of any appropriation 

14 made available for the current fiscal year for the Small 

15 Business Administration in this Act may be transferred be16 tween such appropriations, but no such appropriation shall 

17 be increased by more than 10 percent by any such transfers: 

18 Provided, That any transfer pursuant to this paragraph 

19 shall be treated as a reprogramming of funds under section 

20 608 of this Act and shall not be available for obligation 

21 or expenditure except in compliance with the procedures set 

22 forth in that section. 

23 SEC. 521. (a) Subparagraph (C) of section 502(7) of 

24 the Small Business Investment Act of 1958 (15 U.S.C. 

25 696(7)), as in effect on September 25, 2012, shall be in effect 
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1 in any fiscal year during which the cost to the Federal Gov2 ernment of making guarantees under such subparagraph 

3 (C) and section 503 of the Small Business Investment Act 

4 of 1958 (15 U.S.C. 697) is zero, except that— 

5 (1) subclause (I)(bb) and subclause (II) of clause 

6 (iv) of such subparagraph (C) shall not be in effect; 

7 (2) unless, upon application by a development 

8 company and after determining that the refinance 

9 loan is needed for good cause, the Administrator of 

10 the Small Business Administration waives this para11 graph, a development company shall limit its 

12 financings under section 502 of the Small Business 

13 Investment Act of 1958 (15 U.S.C. 696) so that, dur14 ing any fiscal year, new financings under such sub15 paragraph (C) shall not exceed 50 percent of the dol16 lars loaned under title V of the Small Business In17 vestment Act of 1958 (15 U.S.C. 695 et seq.) during 

18 the previous fiscal year; and 

19 (3) clause (iv)(I)(aa) of such subparagraph (C) 

20 shall be applied by substituting ‘‘job creation and re21 tention’’ for ‘‘job creation’’. 

22 (b) Section 303(b)(2)(B) of the Small Business Invest23 ment Act of 1958 (15 U.S.C. 683(b)(2)(B)) is amended by 

24 striking ‘‘$225,000,000’’ and inserting ‘‘$350,000,000’’. 
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1 UNITED STATES POSTAL SERVICE

2 PAYMENT TO THE POSTAL SERVICE FUND

3 For payment to the Postal Service Fund for revenue 

4 forgone on free and reduced rate mail, pursuant to sub5 sections (c) and (d) of section 2401 of title 39, United States 

6 Code, $55,075,000: Provided, That mail for overseas voting 

7 and mail for the blind shall continue to be free: Provided 

8 further, That 6-day delivery and rural delivery of mail 

9 shall continue at not less than the 1983 level: Provided fur10 ther, That none of the funds made available to the Postal 

11 Service by this Act shall be used to implement any rule, 

12 regulation, or policy of charging any officer or employee 

13 of any State or local child support enforcement agency, or 

14 any individual participating in a State or local program 

15 of child support enforcement, a fee for information requested 

16 or provided concerning an address of a postal customer: 

17 Provided further, That none of the funds provided in this 

18 Act shall be used to consolidate or close small rural and 

19 other small post offices. 

20 OFFICE OF INSPECTOR GENERAL

21 SALARIES AND EXPENSES

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses of the Office of Inspector Gen24 eral in carrying out the provisions of the Inspector General 

25 Act of 1978, $248,600,000, to be derived by transfer from 
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1 the Postal Service Fund and expended as authorized by sec2 tion 603(b)(3) of the Postal Accountability and Enhance3 ment Act (Public Law 109–435). 

4 UNITED STATES TAX COURT

5 SALARIES AND EXPENSES

6 For necessary expenses, including contract reporting 

7 and other services as authorized by 5 U.S.C. 3109, 

8 $51,300,000: Provided, That travel expenses of the judges 

9 shall be paid upon the written certificate of the judge. 

10 TITLE VI 

11 GENERAL PROVISIONS—THIS ACT 

12 (INCLUDING RESCISSION)

13 SEC. 601. None of the funds in this Act shall be used 

14 for the planning or execution of any program to pay the 

15 expenses of, or otherwise compensate, non-Federal parties 

16 intervening in regulatory or adjudicatory proceedings fund17 ed in this Act. 

18 SEC. 602. None of the funds appropriated in this Act 

19 shall remain available for obligation beyond the current fis20 cal year, nor may any be transferred to other appropria21 tions, unless expressly so provided herein. 

22 SEC. 603. The expenditure of any appropriation under 

23 this Act for any consulting service through procurement 

24 contract pursuant to 5 U.S.C. 3109, shall be limited to those 

25 contracts where such expenditures are a matter of public 
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1 record and available for public inspection, except where oth2 erwise provided under existing law, or under existing Exec3 utive order issued pursuant to existing law. 

4 SEC. 604. None of the funds made available in this 

5 Act may be transferred to any department, agency, or in6 strumentality of the United States Government, except pur7 suant to a transfer made by, or transfer authority provided 

8 in, this Act or any other appropriations Act. 

9 SEC. 605. None of the funds made available by this 

10 Act shall be available for any activity or for paying the 

11 salary of any Government employee where funding an ac12 tivity or paying a salary to a Government employee would 

13 result in a decision, determination, rule, regulation, or pol14 icy that would prohibit the enforcement of section 307 of 

15 the Tariff Act of 1930 (19 U.S.C. 1307). 

16 SEC. 606. No funds appropriated pursuant to this Act 

17 may be expended by an entity unless the entity agrees that 

18 in expending the assistance the entity will comply with 

19 chapter 83 of title 41, United States Code. 

20 SEC. 607. No funds appropriated or otherwise made 

21 available under this Act shall be made available to any per22 son or entity that has been convicted of violating chapter 

23 83 of title 41, United States Code. 

24 SEC. 608. Except as otherwise provided in this Act, 

25 none of the funds provided in this Act, provided by previous 
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1 appropriations Acts to the agencies or entities funded in 

2 this Act that remain available for obligation or expenditure 

3 in fiscal year 2016, or provided from any accounts in the 

4 Treasury derived by the collection of fees and available to 

5 the agencies funded by this Act, shall be available for obliga6 tion or expenditure through a reprogramming of funds that: 

7 (1) creates a new program; (2) eliminates a program, 

8 project, or activity; (3) increases funds or personnel for any 

9 program, project, or activity for which funds have been de10 nied or restricted by the Congress; (4) proposes to use funds 

11 directed for a specific activity by the Committee on Appro12 priations of either the House of Representatives or the Sen13 ate for a different purpose; (5) augments existing programs, 

14 projects, or activities in excess of $5,000,000 or 10 percent, 

15 whichever is less; (6) reduces existing programs, projects, 

16 or activities by $5,000,000 or 10 percent, whichever is less; 

17 or (7) creates or reorganizes offices, programs, or activities 

18 unless prior approval is received from the Committees on 

19 Appropriations of the House of Representatives and the 

20 Senate: Provided, That prior to any significant reorganiza21 tion or restructuring of offices, programs, or activities, each 

22 agency or entity funded in this Act shall consult with the 

23 Committees on Appropriations of the House of Representa24 tives and the Senate: Provided further, That not later than 

25 60 days after the date of enactment of this Act, each agency 
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1 funded by this Act shall submit a report to the Committees 

2 on Appropriations of the House of Representatives and the 

3 Senate to establish the baseline for application of re4 programming and transfer authorities for the current fiscal 

5 year: Provided further, That at a minimum the report shall 

6 include: (1) a table for each appropriation with a separate 

7 column to display the President’s budget request, adjust8 ments made by Congress, adjustments due to enacted rescis9 sions, if appropriate, and the fiscal year enacted level; (2) 

10 a delineation in the table for each appropriation both by 

11 object class and program, project, and activity as detailed 

12 in the budget appendix for the respective appropriation; 

13 and (3) an identification of items of special congressional 

14 interest: Provided further, That the amount appropriated 

15 or limited for salaries and expenses for an agency shall be 

16 reduced by $100,000 per day for each day after the required 

17 date that the report has not been submitted to the Congress. 

18 SEC. 609. Except as otherwise specifically provided by 

19 law, not to exceed 50 percent of unobligated balances re20 maining available at the end of fiscal year 2016 from ap21 propriations made available for salaries and expenses for 

22 fiscal year 2016 in this Act, shall remain available through 

23 September 30, 2017, for each such account for the purposes 

24 authorized: Provided, That a request shall be submitted to 

25 the Committees on Appropriations of the House of Rep-
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1 resentatives and the Senate for approval prior to the ex2 penditure of such funds: Provided further, That these re3 quests shall be made in compliance with reprogramming 

4 guidelines. 

5 SEC. 610. (a) None of the funds made available in this 

6 Act may be used by the Executive Office of the President 

7 to request— 

8 (1) any official background investigation report 

9 on any individual from the Federal Bureau of Inves10 tigation; or 

11 (2) a determination with respect to the treatment 

12 of an organization as described in section 501(c) of 

13 the Internal Revenue Code of 1986 and exempt from 

14 taxation under section 501(a) of such Code from the 

15 Department of the Treasury or the Internal Revenue 

16 Service. 

17 (b) Subsection (a) shall not apply— 

18 (1) in the case of an official background inves19 tigation report, if such individual has given express 

20 written consent for such request not more than 6 

21 months prior to the date of such request and during 

22 the same presidential administration; or 

23 (2) if such request is required due to extraor24 dinary circumstances involving national security. 
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1 SEC. 611. The cost accounting standards promulgated 

2 under chapter 15 of title 41, United States Code shall not 

3 apply with respect to a contract under the Federal Employ4 ees Health Benefits Program established under chapter 89 

5 of title 5, United States Code. 

6 SEC. 612. For the purpose of resolving litigation and 

7 implementing any settlement agreements regarding the non8 foreign area cost-of-living allowance program, the Office of 

9 Personnel Management may accept and utilize (without re10 gard to any restriction on unanticipated travel expenses 

11 imposed in an Appropriations Act) funds made available 

12 to the Office of Personnel Management pursuant to court 

13 approval. 

14 SEC. 613. No funds appropriated by this Act shall be 

15 available to pay for an abortion, or the administrative ex16 penses in connection with any health plan under the Fed17 eral employees health benefits program which provides any 

18 benefits or coverage for abortions. 

19 SEC. 614. The provision of section 613 shall not apply 

20 where the life of the mother would be endangered if the fetus 

21 were carried to term, or the pregnancy is the result of an 

22 act of rape or incest. 

23 SEC. 615. In order to promote Government access to 

24 commercial information technology, the restriction on pur25 chasing nondomestic articles, materials, and supplies set 
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1 forth in chapter 83 of title 41, United States Code (popu2 larly known as the Buy American Act), shall not apply to 

3 the acquisition by the Federal Government of information 

4 technology (as defined in section 11101 of title 40, United 

5 States Code), that is a commercial item (as defined in sec6 tion 103 of title 41, United States Code). 

7 SEC. 616. Notwithstanding section 1353 of title 31, 

8 United States Code, no officer or employee of any regulatory 

9 agency or commission funded by this Act may accept on 

10 behalf of that agency, nor may such agency or commission 

11 accept, payment or reimbursement from a non-Federal enti12 ty for travel, subsistence, or related expenses for the purpose 

13 of enabling an officer or employee to attend and participate 

14 in any meeting or similar function relating to the official 

15 duties of the officer or employee when the entity offering 

16 payment or reimbursement is a person or entity subject to 

17 regulation by such agency or commission, or represents a 

18 person or entity subject to regulation by such agency or 

19 commission, unless the person or entity is an organization 

20 described in section 501(c)(3) of the Internal Revenue Code 

21 of 1986 and exempt from tax under section 501(a) of such 

22 Code. 

23 SEC. 617. Notwithstanding section 708 of this Act, 

24 funds made available to the Commodity Futures Trading 

25 Commission and the Securities and Exchange Commission 
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1 by this or any other Act may be used for the interagency 

2 funding and sponsorship of a joint advisory committee to 

3 advise on emerging regulatory issues. 

4 SEC. 618. (a)(1) Notwithstanding any other provision 

5 of law, an Executive agency covered by this Act otherwise 

6 authorized to enter into contracts for either leases or the 

7 construction or alteration of real property for office, meet8 ing, storage, or other space must consult with the General 

9 Services Administration before issuing a solicitation for of10 fers of new leases or construction contracts, and in the case 

11 of succeeding leases, before entering into negotiations with 

12 the current lessor. 

13 (2) Any such agency with authority to enter into an 

14 emergency lease may do so during any period declared by 

15 the President to require emergency leasing authority with 

16 respect to such agency. 

17 (b) For purposes of this section, the term ‘‘Executive 

18 agency covered by this Act’’ means any Executive agency 

19 provided funds by this Act, but does not include the General 

20 Services Administration or the United States Postal Serv21 ice. 

22 SEC. 619. (a) There are appropriated for the following 

23 activities the amounts required under current law: 

24 (1) Compensation of the President (3 U.S.C. 

25 102). 
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1 (2) Payments to— 

2 (A) the Judicial Officers’ Retirement Fund 

3 (28 U.S.C. 377(o)); 

4 (B) the Judicial Survivors’ Annuities Fund 

5 (28 U.S.C. 376(c)); and 

6 (C) the United States Court of Federal 

7 Claims Judges’ Retirement Fund (28 U.S.C. 

8 178(l)). 

9 (3) Payment of Government contributions— 

10 (A) with respect to the health benefits of re11 tired employees, as authorized by chapter 89 of 

12 title 5, United States Code, and the Retired Fed13 eral Employees Health Benefits Act (74 Stat. 

14 849); and 

15 (B) with respect to the life insurance bene16 fits for employees retiring after December 31, 

17 1989 (5 U.S.C. ch. 87). 

18 (4) Payment to finance the unfunded liability of 

19 new and increased annuity benefits under the Civil 

20 Service Retirement and Disability Fund (5 U.S.C. 

21 8348). 

22 (5) Payment of annuities authorized to be paid 

23 from the Civil Service Retirement and Disability 

24 Fund by statutory provisions other than subchapter 
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1 III of chapter 83 or chapter 84 of title 5, United 

2 States Code. 

3 (b) Nothing in this section may be construed to exempt 

4 any amount appropriated by this section from any other5 wise applicable limitation on the use of funds contained in 

6 this Act. 

7 SEC. 620. The Public Company Accounting Oversight 

8 Board (Board) shall have authority to obligate funds for 

9 the scholarship program established by section 109(c)(2) of 

10 the Sarbanes-Oxley Act of 2002 (Public Law 107–204) in 

11 an aggregate amount not exceeding the amount of funds col12 lected by the Board as of December 31, 2015, including ac13 crued interest, as a result of the assessment of monetary 

14 penalties. Funds available for obligation in fiscal year 2016 

15 shall remain available until expended. 

16 SEC. 621. None of the funds made available in this 

17 Act may be used by the Federal Trade Commission to com18 plete the draft report entitled ‘‘Interagency Working Group 

19 on Food Marketed to Children: Preliminary Proposed Nu20 trition Principles to Guide Industry Self-Regulatory Ef21 forts’’ unless the Interagency Working Group on Food Mar22 keted to Children complies with Executive Order No. 13563. 

23 SEC. 622. None of the funds made available by this 

24 Act may be used to pay the salaries and expenses for the 

25 following positions: 
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1 (1) Director, White House Office of Health Re2 form. 

3 (2) Assistant to the President for Energy and 

4 Climate Change. 

5 (3) Senior Advisor to the Secretary of the Treas6 ury assigned to the Presidential Task Force on the 

7 Auto Industry and Senior Counselor for Manufac8 turing Policy. 

9 (4) White House Director of Urban Affairs. 

10 SEC. 623. None of the funds in this Act may be used 

11 for the Director of the Office of Personnel Management to 

12 award a contract, enter an extension of, or exercise an op13 tion on a contract to a contractor conducting the final qual14 ity review processes for background investigation fieldwork 

15 services or background investigation support services that, 

16 as of the date of the award of the contract, are being con17 ducted by that contractor. 

18 SEC. 624. (a) The head of each executive branch agency 

19 funded by this Act shall ensure that the Chief Information 

20 Officer of the agency has the authority to participate in 

21 decisions regarding the budget planning process related to 

22 information technology. 

23 (b) Amounts appropriated for any executive branch 

24 agency funded by this Act that are available for informa25 tion technology shall be allocated within the agency, con-
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•HR 2029 EAH 

1 sistent with the provisions of appropriations Acts and budg2 et guidelines and recommendations from the Director of the 

3 Office of Management and Budget, in such manner as speci4 fied by, or approved by, the Chief Information Officer of 

5 the agency in consultation with the Chief Financial Officer 

6 of the agency and budget officials. 

7 SEC. 625. None of the funds made available in this 

8 Act may be used in contravention of chapter 29, 31, or 33 

9 of title 44, United States Code. 

10 SEC. 626. From the unobligated balances available in 

11 the Securities and Exchange Commission Reserve Fund es12 tablished by section 991 of the Dodd-Frank Wall Street Re13 form and Consumer Protection Act (Public Law 111–203), 

14 $25,000,000 are rescinded. 

15 SEC. 627. None of the funds made available in this 

16 Act may be used by a governmental entity to require the 

17 disclosure by a provider of electronic communication service 

18 to the public or remote computing service of the contents 

19 of a wire or electronic communication that is in electronic 

20 storage with the provider (as such terms are defined in sec21 tions 2510 and 2711 of title 18, United States Code) in 

22 a manner that violates the Fourth Amendment to the Con23 stitution of the United States. 

24 SEC. 628. Beginning on the date of enactment of this 

25 Act, in the current fiscal year and continuing through Sep-
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1 tember 30, 2025, the Further Notice of Proposed Rule2 making and Report and Order adopted by the Federal Com3 munications Commission on March 31, 2014 (FCC 14–28), 

4 and the amendments to the rules of the Commission adopted 

5 in such Further Notice of Proposed Rulemaking and Report 

6 and Order, shall not apply to a joint sales agreement (as 

7 defined in Note 2(k) to section 73.3555 of title 47, Code 

8 of Federal Regulations) that was in effect on March 31, 

9 2014, and a rule of the Commission amended by such an 

10 amendment shall apply to such agreement as such rule was 

11 in effect on the day before the effective date of such amend12 ment. A party to a joint sales agreement that was in effect 

13 on March 31, 2014, shall not be considered to be in violation 

14 of the ownership limitations of section 73.3555 of title 47, 

15 Code of Federal Regulations, by reason of the application 

16 of the rule in Note 2(k)(2), as so amended, to the joint sales 

17 agreement. 

18 SEC. 629. During fiscal year 2016, none of the 

19 amounts made available by this Act may be used to finalize 

20 or implement the Safety Standard for Recreational Off21 Highway Vehicles published by the Consumer Product Safe22 ty Commission in the Federal Register on November 19, 

23 2014 (79 Fed. Reg. 68964) until after— 

24 (1) the National Academy of Sciences, in con25 sultation with the National Highway Traffic Safety 
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1 Administration and the Department of Defense, com2 pletes a study to determine— 

3 (A) the technical validity of the lateral sta4 bility and vehicle handling requirements pro5 posed by such standard for purposes of reducing 

6 the risk of Recreational Off-Highway Vehicle (re7 ferred to in this section as ‘‘ROV’’) rollovers in 

8 the off-road environment, including the repeat9 ability and reproducibility of testing for compli10 ance with such requirements; 

11 (B) the number of ROV rollovers that would 

12 be prevented if the proposed requirements were 

13 adopted; 

14 (C) whether there is a technical basis for the 

15 proposal to provide information on a point-of16 sale hangtag about a ROV’s rollover resistance 

17 on a progressive scale; and 

18 (D) the effect on the utility of ROVs used by 

19 the United States military if the proposed re20 quirements were adopted; and 

21 (2) a report containing the results of the study 

22 completed under paragraph (1) is delivered to— 

23 (A) the Committee on Commerce, Science, 

24 and Transportation of the Senate; 
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1 (B) the Committee on Energy and Com2 merce of the House of Representatives; 

3 (C) the Committee on Appropriations of the 

4 Senate; and 

5 (D) the Committee on Appropriations of the 

6 House of Representatives. 

7 SEC. 630. Notwithstanding any other provision of law, 

8 not to exceed $2,266,085 of unobligated balances from 

9 ‘‘Election Assistance Commission, Election Reform Pro10 grams’’ shall be available to record a disbursement pre11 viously incurred under that heading in fiscal year 2014 

12 against a 2008 cancelled account. 

13 SEC. 631. None of the funds appropriated by this Act 

14 may be used by the Federal Communications Commission 

15 to modify, amend, or change the rules or regulations of the 

16 Commission for universal service high-cost support for com17 petitive eligible telecommunications carriers in a way that 

18 is inconsistent with paragraph (e)(5) or (e)(6) of section 

19 54.307 of title 47, Code of Federal Regulations, as in effect 

20 on July 15, 2015: Provided, That this section shall not pro21 hibit the Commission from considering, developing, or 

22 adopting other support mechanisms as an alternative to 

23 Mobility Fund Phase II. 

24 SEC. 632. (a) The Office of Personnel Management 

25 shall provide to each affected individual as defined in sub-
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1 section (b) complimentary identity protection coverage 

2 that— 

3 (1) is not less comprehensive than the com4 plimentary identity protection coverage that the Of5 fice provided to affected individuals before the date of 

6 enactment of this Act; 

7 (2) is effective for a period of not less than 10 

8 years; and 

9 (3) includes not less than $5,000,000 in identity 

10 theft insurance. 

11 (b) DEFINITION.—In this section, the term ‘‘affected 

12 individual’’ means any individual whose Social Security 

13 Number was compromised during— 

14 (1) the data breach of personnel records of cur15 rent and former Federal employees, at a network 

16 maintained by the Department of the Interior, that 

17 was announced by the Office of Personnel Manage18 ment on June 4, 2015; or 

19 (2) the data breach of systems of the Office of 

20 Personnel Management containing information re21 lated to the background investigations of current, 

22 former, and prospective Federal employees, and of 

23 other individuals. 

24 SEC. 633. Sections 1101(a) and 1104(a)(2)(A) of the 

25 Internet Tax Freedom Act (title XI of division C of Public 
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1 Law 105–277; 47 U.S.C. 151 note) shall be applied by sub2 stituting ‘‘October 1, 2016’’ for ‘‘October 1, 2015’’. 

3 SEC. 634. (a) DEFINITIONS.—In this section: 

4 (1) BANKING INSTITUTION.—The term ‘‘banking 

5 institution’’ means an insured depository institution, 

6 Federal credit union, State credit union, bank hold7 ing company, or savings and loan holding company. 

8 (2) BASEL III CAPITAL REQUIREMENTS.—The 

9 term ‘‘Basel III capital requirements’’ means the 

10 Global Regulatory Framework for More Resilient 

11 Banks and Banking Systems issued by the Basel 

12 Committee on Banking Supervision on December 16, 

13 2010, as revised on June 1, 2011. 

14 (3) FEDERAL BANKING AGENCIES.—The term 

15 ‘‘Federal banking agencies’’ means the Board of Gov16 ernors of the Federal Reserve System, the Office of the 

17 Comptroller of the Currency, the Federal Deposit In18 surance Corporation, and the National Credit Union 

19 Administration. 

20 (4) MORTGAGE SERVICING ASSETS.—The term 

21 ‘‘mortgage servicing assets’’ means those assets that 

22 result from contracts to service loans secured by real 

23 estate, where such loans are owned by third parties. 

24 (5) NCUA CAPITAL REQUIREMENTS.—The term 

25 ‘‘NCUA capital requirements’’ means the final rule of 
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1 the National Credit Union Administration entitled 

2 ‘‘Risk-Based Capital’’ (80 Fed. Reg. 66625 (October 

3 29, 2015)). 

4 (6) OTHER DEFINITIONS.— 

5 (A) BANKING DEFINITIONS.—The terms 

6 ‘‘bank holding company’’, ‘‘insured depository 

7 institution’’, and ‘‘savings and loan holding 

8 company’’ have the meanings given those terms 

9 in section 3 of the Federal Deposit Insurance Act 

10 (12 U.S.C. 1813). 

11 (B) CREDIT UNION DEFINITIONS.—The 

12 terms ‘‘Federal credit union’’ and ‘‘State credit 

13 union’’ have the meanings given those terms in 

14 section 101 of the Federal Credit Union Act (12 

15 U.S.C. 1752). 

16 (b) STUDY OF THE APPROPRIATE CAPITAL FOR MORT17 GAGE SERVICING ASSETS.— 

18 (1) IN GENERAL.—The Federal banking agencies 

19 shall jointly conduct a study of the appropriate cap20 ital requirements for mortgage servicing assets for 

21 banking institutions. 

22 (2) ISSUES TO BE STUDIED.—The study required 

23 under paragraph (1) shall include, with a specific 

24 focus on banking institutions— 
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1 (A) the risk to banking institutions of hold2 ing mortgage servicing assets; 

3 (B) the history of the market for mortgage 

4 servicing assets, including in particular the mar5 ket for those assets in the period of the financial 

6 crisis; 

7 (C) the ability of banking institutions to es8 tablish a value for mortgage servicing assets of 

9 the institution through periodic sales or other 

10 means; 

11 (D) regulatory approaches to mortgage serv12 icing assets and capital requirements that may 

13 be used to address concerns about the value of 

14 and ability to sell mortgage servicing assets; 

15 (E) the impact of imposing the Basel III 

16 capital requirements and the NCUA capital re17 quirements on banking institutions on the abil18 ity of those institutions— 

19 (i) to compete in the mortgage serv20 icing business, including the need for econo21 mies of scale to compete in that business; 

22 and 

23 (ii) to provide service to consumers to 

24 whom the institutions have made mortgage 

25 loans; 
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1 (F) an analysis of what the mortgage serv2 icing marketplace would look like if the Basel III 

3 capital requirements and the NCUA capital re4 quirements on mortgage servicing assets— 

5 (i) were fully implemented; and 

6 (ii) applied to both banking institu7 tions and nondepository residential mort8 gage loan servicers; 

9 (G) the significance of problems with mort10 gage servicing assets, if any, in banking institu11 tion failures and problem banking institutions, 

12 including specifically identifying failed banking 

13 institutions where mortgage servicing assets con14 tributed to the failure; and 

15 (H) an analysis of the relevance of the Basel 

16 III capital requirements and the NCUA capital 

17 requirements on mortgage servicing assets to the 

18 banking systems of other significantly developed 

19 countries. 

20 (3) REPORT TO CONGRESS.—Not later than 180 

21 days after the date of enactment of this title, the Fed22 eral banking agencies shall submit to the Committee 

23 on Banking, Housing, and Urban Affairs of the Sen24 ate and the Committee on Financial Services of the 

25 House of Representatives a report containing— 
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1 (A) the results of the study required under 

2 paragraph (1); 

3 (B) any analysis on the specific issue of 

4 mortgage servicing assets undertaken by the Fed5 eral banking agencies before finalizing regula6 tions implementing the Basel III capital require7 ments and the NCUA capital requirements; and 

8 (C) any recommendations for legislative or 

9 regulatory actions that would address concerns 

10 about the value of and ability to sell and the 

11 ability of banking institutions to hold mortgage 

12 servicing assets. 

13 SEC. 635. In addition to amounts otherwise provided 

14 in this Act for ‘‘National Archives and Records Administra15 tion, Operating Expenses’’, there is appropriated 

16 $7,000,000, to remain available until expended, for the re17 pair, alteration, and improvement of an additional leased 

18 facility to provide adequate storage for holdings of the 

19 House of Representatives and the Senate. 

20 TITLE VII 

21 GENERAL PROVISIONS—GOVERNMENT-WIDE 

22 DEPARTMENTS, AGENCIES, AND CORPORATIONS

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 701. No department, agency, or instrumentality 

25 of the United States receiving appropriated funds under 
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1 this or any other Act for fiscal year 2016 shall obligate or 

2 expend any such funds, unless such department, agency, or 

3 instrumentality has in place, and will continue to admin4 ister in good faith, a written policy designed to ensure that 

5 all of its workplaces are free from the illegal use, possession, 

6 or distribution of controlled substances (as defined in the 

7 Controlled Substances Act (21 U.S.C. 802)) by the officers 

8 and employees of such department, agency, or instrumen9 tality. 

10 SEC. 702. Unless otherwise specifically provided, the 

11 maximum amount allowable during the current fiscal year 

12 in accordance with subsection 1343(c) of title 31, United 

13 States Code, for the purchase of any passenger motor vehicle 

14 (exclusive of buses, ambulances, law enforcement vehicles, 

15 protective vehicles, and undercover surveillance vehicles), is 

16 hereby fixed at $19,947 except station wagons for which the 

17 maximum shall be $19,997: Provided, That these limits 

18 may be exceeded by not to exceed $7,250 for police-type vehi19 cles: Provided further, That the limits set forth in this sec20 tion may not be exceeded by more than 5 percent for electric 

21 or hybrid vehicles purchased for demonstration under the 

22 provisions of the Electric and Hybrid Vehicle Research, De23 velopment, and Demonstration Act of 1976: Provided fur24 ther, That the limits set forth in this section may be exceed25 ed by the incremental cost of clean alternative fuels vehicles 
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1 acquired pursuant to Public Law 101–549 over the cost of 

2 comparable conventionally fueled vehicles: Provided further, 

3 That the limits set forth in this section shall not apply to 

4 any vehicle that is a commercial item and which operates 

5 on alternative fuel, including but not limited to electric, 

6 plug-in hybrid electric, and hydrogen fuel cell vehicles. 

7 SEC. 703. Appropriations of the executive departments 

8 and independent establishments for the current fiscal year 

9 available for expenses of travel, or for the expenses of the 

10 activity concerned, are hereby made available for quarters 

11 allowances and cost-of-living allowances, in accordance 

12 with 5 U.S.C. 5922–5924. 

13 SEC. 704. Unless otherwise specified in law during the 

14 current fiscal year, no part of any appropriation contained 

15 in this or any other Act shall be used to pay the compensa16 tion of any officer or employee of the Government of the 

17 United States (including any agency the majority of the 

18 stock of which is owned by the Government of the United 

19 States) whose post of duty is in the continental United 

20 States unless such person: (1) is a citizen of the United 

21 States; (2) is a person who is lawfully admitted for perma22 nent residence and is seeking citizenship as outlined in 8 

23 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as 

24 a refugee under 8 U.S.C. 1157 or is granted asylum under 

25 8 U.S.C. 1158 and has filed a declaration of intention to 
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1 become a lawful permanent resident and then a citizen 

2 when eligible; or (4) is a person who owes allegiance to the 

3 United States: Provided, That for purposes of this section, 

4 affidavits signed by any such person shall be considered 

5 prima facie evidence that the requirements of this section 

6 with respect to his or her status are being complied with: 

7 Provided further, That for purposes of subsections (2) and 

8 (3) such affidavits shall be submitted prior to employment 

9 and updated thereafter as necessary: Provided further, That 

10 any person making a false affidavit shall be guilty of a 

11 felony, and upon conviction, shall be fined no more than 

12 $4,000 or imprisoned for not more than 1 year, or both: 

13 Provided further, That the above penal clause shall be in 

14 addition to, and not in substitution for, any other provi15 sions of existing law: Provided further, That any payment 

16 made to any officer or employee contrary to the provisions 

17 of this section shall be recoverable in action by the Federal 

18 Government: Provided further, That this section shall not 

19 apply to any person who is an officer or employee of the 

20 Government of the United States on the date of enactment 

21 of this Act, or to international broadcasters employed by 

22 the Broadcasting Board of Governors, or to temporary em23 ployment of translators, or to temporary employment in the 

24 field service (not to exceed 60 days) as a result of emer25 gencies: Provided further, That this section does not apply 
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1 to the employment as Wildland firefighters for not more 

2 than 120 days of nonresident aliens employed by the De3 partment of the Interior or the USDA Forest Service pursu4 ant to an agreement with another country. 

5 SEC. 705. Appropriations available to any department 

6 or agency during the current fiscal year for necessary ex7 penses, including maintenance or operating expenses, shall 

8 also be available for payment to the General Services Ad9 ministration for charges for space and services and those 

10 expenses of renovation and alteration of buildings and fa11 cilities which constitute public improvements performed in 

12 accordance with the Public Buildings Act of 1959 (73 Stat. 

13 479), the Public Buildings Amendments of 1972 (86 Stat. 

14 216), or other applicable law. 

15 SEC. 706. In addition to funds provided in this or any 

16 other Act, all Federal agencies are authorized to receive and 

17 use funds resulting from the sale of materials, including 

18 Federal records disposed of pursuant to a records schedule 

19 recovered through recycling or waste prevention programs. 

20 Such funds shall be available until expended for the fol21 lowing purposes: 

22 (1) Acquisition, waste reduction and prevention, 

23 and recycling programs as described in Executive 

24 Order No. 13423 (January 24, 2007), including any 
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1 such programs adopted prior to the effective date of 

2 the Executive order. 

3 (2) Other Federal agency environmental manage4 ment programs, including, but not limited to, the de5 velopment and implementation of hazardous waste 

6 management and pollution prevention programs. 

7 (3) Other employee programs as authorized by 

8 law or as deemed appropriate by the head of the Fed9 eral agency. 

10 SEC. 707. Funds made available by this or any other 

11 Act for administrative expenses in the current fiscal year 

12 of the corporations and agencies subject to chapter 91 of 

13 title 31, United States Code, shall be available, in addition 

14 to objects for which such funds are otherwise available, for 

15 rent in the District of Columbia; services in accordance 

16 with 5 U.S.C. 3109; and the objects specified under this 

17 head, all the provisions of which shall be applicable to the 

18 expenditure of such funds unless otherwise specified in the 

19 Act by which they are made available: Provided, That in 

20 the event any functions budgeted as administrative expenses 

21 are subsequently transferred to or paid from other funds, 

22 the limitations on administrative expenses shall be cor23 respondingly reduced. 

24 SEC. 708. No part of any appropriation contained in 

25 this or any other Act shall be available for interagency fi-
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1 nancing of boards (except Federal Executive Boards), com2 missions, councils, committees, or similar groups (whether 

3 or not they are interagency entities) which do not have a 

4 prior and specific statutory approval to receive financial 

5 support from more than one agency or instrumentality. 

6 SEC. 709. None of the funds made available pursuant 

7 to the provisions of this or any other Act shall be used to 

8 implement, administer, or enforce any regulation which has 

9 been disapproved pursuant to a joint resolution duly adopt10 ed in accordance with the applicable law of the United 

11 States. 

12 SEC. 710. During the period in which the head of any 

13 department or agency, or any other officer or civilian em14 ployee of the Federal Government appointed by the Presi15 dent of the United States, holds office, no funds may be obli16 gated or expended in excess of $5,000 to furnish or redeco17 rate the office of such department head, agency head, officer, 

18 or employee, or to purchase furniture or make improve19 ments for any such office, unless advance notice of such fur20 nishing or redecoration is transmitted to the Committees 

21 on Appropriations of the House of Representatives and the 

22 Senate. For the purposes of this section, the term ‘‘office’’ 

23 shall include the entire suite of offices assigned to the indi24 vidual, as well as any other space used primarily by the 
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1 individual or the use of which is directly controlled by the 

2 individual. 

3 SEC. 711. Notwithstanding 31 U.S.C. 1346, or section 

4 708 of this Act, funds made available for the current fiscal 

5 year by this or any other Act shall be available for the inter6 agency funding of national security and emergency pre7 paredness telecommunications initiatives which benefit 

8 multiple Federal departments, agencies, or entities, as pro9 vided by Executive Order No. 13618 (July 6, 2012). 

10 SEC. 712. (a) None of the funds made available by this 

11 or any other Act may be obligated or expended by any de12 partment, agency, or other instrumentality of the Federal 

13 Government to pay the salaries or expenses of any indi14 vidual appointed to a position of a confidential or policy15 determining character that is excepted from the competitive 

16 service under section 3302 of title 5, United States Code, 

17 (pursuant to schedule C of subpart C of part 213 of title 

18 5 of the Code of Federal Regulations) unless the head of 

19 the applicable department, agency, or other instrumentality 

20 employing such schedule C individual certifies to the Direc21 tor of the Office of Personnel Management that the schedule 

22 C position occupied by the individual was not created solely 

23 or primarily in order to detail the individual to the White 

24 House. 
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1 (b) The provisions of this section shall not apply to 

2 Federal employees or members of the armed forces detailed 

3 to or from an element of the intelligence community (as 

4 that term is defined under section 3(4) of the National Secu5 rity Act of 1947 (50 U.S.C. 3003(4))). 

6 SEC. 713. No part of any appropriation contained in 

7 this or any other Act shall be available for the payment 

8 of the salary of any officer or employee of the Federal Gov9 ernment, who— 

10 (1) prohibits or prevents, or attempts or threat11 ens to prohibit or prevent, any other officer or em12 ployee of the Federal Government from having any 

13 direct oral or written communication or contact with 

14 any Member, committee, or subcommittee of the Con15 gress in connection with any matter pertaining to the 

16 employment of such other officer or employee or per17 taining to the department or agency of such other of18 ficer or employee in any way, irrespective of whether 

19 such communication or contact is at the initiative of 

20 such other officer or employee or in response to the re21 quest or inquiry of such Member, committee, or sub22 committee; or 

23 (2) removes, suspends from duty without pay, 

24 demotes, reduces in rank, seniority, status, pay, or 

25 performance or efficiency rating, denies promotion to, 
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1 relocates, reassigns, transfers, disciplines, or discrimi2 nates in regard to any employment right, entitlement, 

3 or benefit, or any term or condition of employment of, 

4 any other officer or employee of the Federal Govern5 ment, or attempts or threatens to commit any of the 

6 foregoing actions with respect to such other officer or 

7 employee, by reason of any communication or contact 

8 of such other officer or employee with any Member, 

9 committee, or subcommittee of the Congress as de10 scribed in paragraph (1). 

11 SEC. 714. (a) None of the funds made available in this 

12 or any other Act may be obligated or expended for any em13 ployee training that— 

14 (1) does not meet identified needs for knowledge, 

15 skills, and abilities bearing directly upon the perform16 ance of official duties; 

17 (2) contains elements likely to induce high levels 

18 of emotional response or psychological stress in some 

19 participants; 

20 (3) does not require prior employee notification 

21 of the content and methods to be used in the training 

22 and written end of course evaluation; 

23 (4) contains any methods or content associated 

24 with religious or quasi-religious belief systems or 

25 ‘‘new age’’ belief systems as defined in Equal Employ-
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1 ment Opportunity Commission Notice N–915.022, 

2 dated September 2, 1988; or 

3 (5) is offensive to, or designed to change, partici4 pants’ personal values or lifestyle outside the work5 place. 

6 (b) Nothing in this section shall prohibit, restrict, or 

7 otherwise preclude an agency from conducting training 

8 bearing directly upon the performance of official duties. 

9 SEC. 715. No part of any funds appropriated in this 

10 or any other Act shall be used by an agency of the executive 

11 branch, other than for normal and recognized executive-leg12 islative relationships, for publicity or propaganda pur13 poses, and for the preparation, distribution or use of any 

14 kit, pamphlet, booklet, publication, radio, television, or film 

15 presentation designed to support or defeat legislation pend16 ing before the Congress, except in presentation to the Con17 gress itself. 

18 SEC. 716. None of the funds appropriated by this or 

19 any other Act may be used by an agency to provide a Fed20 eral employee’s home address to any labor organization ex21 cept when the employee has authorized such disclosure or 

22 when such disclosure has been ordered by a court of com23 petent jurisdiction. 

24 SEC. 717. None of the funds made available in this 

25 or any other Act may be used to provide any non-public 
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1 information such as mailing, telephone or electronic mail2 ing lists to any person or any organization outside of the 

3 Federal Government without the approval of the Commit4 tees on Appropriations of the House of Representatives and 

5 the Senate. 

6 SEC. 718. No part of any appropriation contained in 

7 this or any other Act shall be used directly or indirectly, 

8 including by private contractor, for publicity or propa9 ganda purposes within the United States not heretofore au10 thorized by Congress. 

11 SEC. 719. (a) In this section, the term ‘‘agency’’— 

12 (1) means an Executive agency, as defined under 

13 5 U.S.C. 105; and 

14 (2) includes a military department, as defined 

15 under section 102 of such title, the Postal Service, and 

16 the Postal Regulatory Commission. 

17 (b) Unless authorized in accordance with law or regu18 lations to use such time for other purposes, an employee 

19 of an agency shall use official time in an honest effort to 

20 perform official duties. An employee not under a leave sys21 tem, including a Presidential appointee exempted under 5 

22 U.S.C. 6301(2), has an obligation to expend an honest effort 

23 and a reasonable proportion of such employee’s time in the 

24 performance of official duties. 
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1 SEC. 720. Notwithstanding 31 U.S.C. 1346 and section 

2 708 of this Act, funds made available for the current fiscal 

3 year by this or any other Act to any department or agency, 

4 which is a member of the Federal Accounting Standards 

5 Advisory Board (FASAB), shall be available to finance an 

6 appropriate share of FASAB administrative costs. 

7 SEC. 721. Notwithstanding 31 U.S.C. 1346 and section 

8 708 of this Act, the head of each Executive department and 

9 agency is hereby authorized to transfer to or reimburse 

10 ‘‘General Services Administration, Government-wide Pol11 icy’’ with the approval of the Director of the Office of Man12 agement and Budget, funds made available for the current 

13 fiscal year by this or any other Act, including rebates from 

14 charge card and other contracts: Provided, That these funds 

15 shall be administered by the Administrator of General Serv16 ices to support Government-wide and other multi-agency fi17 nancial, information technology, procurement, and other 

18 management innovations, initiatives, and activities, in19 cluding improving coordination and reducing duplication, 

20 as approved by the Director of the Office of Management 

21 and Budget, in consultation with the appropriate inter22 agency and multi-agency groups designated by the Director 

23 (including the President’s Management Council for overall 

24 management improvement initiatives, the Chief Financial 

25 Officers Council for financial management initiatives, the 
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1 Chief Information Officers Council for information tech2 nology initiatives, the Chief Human Capital Officers Coun3 cil for human capital initiatives, the Chief Acquisition Offi4 cers Council for procurement initiatives, and the Perform5 ance Improvement Council for performance improvement 

6 initiatives): Provided further, That the total funds trans7 ferred or reimbursed shall not exceed $15,000,000 to im8 prove coordination, reduce duplication, and for other ac9 tivities related to Federal Government Priority Goals estab10 lished by 31 U.S.C. 1120, and not to exceed $17,000,000 

11 for Government-Wide innovations, initiatives, and activi12 ties: Provided further, That the funds transferred to or for 

13 reimbursement of ‘‘General Services Administration, Gov14 ernment-wide Policy’’ during fiscal year 2016 shall remain 

15 available for obligation through September 30, 2017: Pro16 vided further, That such transfers or reimbursements may 

17 only be made after 15 days following notification of the 

18 Committees on Appropriations of the House of Representa19 tives and the Senate by the Director of the Office of Manage20 ment and Budget. 

21 SEC. 722. Notwithstanding any other provision of law, 

22 a woman may breastfeed her child at any location in a 

23 Federal building or on Federal property, if the woman and 

24 her child are otherwise authorized to be present at the loca25 tion. 
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1 SEC. 723. Notwithstanding 31 U.S.C. 1346, or section 

2 708 of this Act, funds made available for the current fiscal 

3 year by this or any other Act shall be available for the inter4 agency funding of specific projects, workshops, studies, and 

5 similar efforts to carry out the purposes of the National 

6 Science and Technology Council (authorized by Executive 

7 Order No. 12881), which benefit multiple Federal depart8 ments, agencies, or entities: Provided, That the Office of 

9 Management and Budget shall provide a report describing 

10 the budget of and resources connected with the National 

11 Science and Technology Council to the Committees on Ap12 propriations, the House Committee on Science and Tech13 nology, and the Senate Committee on Commerce, Science, 

14 and Transportation 90 days after enactment of this Act. 

15 SEC. 724. Any request for proposals, solicitation, grant 

16 application, form, notification, press release, or other publi17 cations involving the distribution of Federal funds shall 

18 comply with any relevant requirements in part 200 of title 

19 2, Code of Federal Regulations: Provided, That this section 

20 shall apply to direct payments, formula funds, and grants 

21 received by a State receiving Federal funds. 

22 SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY

23 MONITORING OF INDIVIDUALS’ INTERNET USE.—None of 

24 the funds made available in this or any other Act may be 

25 used by any Federal agency— 
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1 (1) to collect, review, or create any aggregation 

2 of data, derived from any means, that includes any 

3 personally identifiable information relating to an in4 dividual’s access to or use of any Federal Government 

5 Internet site of the agency; or 

6 (2) to enter into any agreement with a third 

7 party (including another government agency) to col8 lect, review, or obtain any aggregation of data, de9 rived from any means, that includes any personally 

10 identifiable information relating to an individual’s 

11 access to or use of any nongovernmental Internet site. 

12 (b) EXCEPTIONS.—The limitations established in sub13 section (a) shall not apply to— 

14 (1) any record of aggregate data that does not 

15 identify particular persons; 

16 (2) any voluntary submission of personally iden17 tifiable information; 

18 (3) any action taken for law enforcement, regu19 latory, or supervisory purposes, in accordance with 

20 applicable law; or 

21 (4) any action described in subsection (a)(1) that 

22 is a system security action taken by the operator of 

23 an Internet site and is necessarily incident to pro24 viding the Internet site services or to protecting the 

25 rights or property of the provider of the Internet site. 
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1 (c) DEFINITIONS.—For the purposes of this section: 

2 (1) The term ‘‘regulatory’’ means agency actions 

3 to implement, interpret or enforce authorities pro4 vided in law. 

5 (2) The term ‘‘supervisory’’ means examinations 

6 of the agency’s supervised institutions, including as7 sessing safety and soundness, overall financial condi8 tion, management practices and policies and compli9 ance with applicable standards as provided in law. 

10 SEC. 726. (a) None of the funds appropriated by this 

11 Act may be used to enter into or renew a contract which 

12 includes a provision providing prescription drug coverage, 

13 except where the contract also includes a provision for con14 traceptive coverage. 

15 (b) Nothing in this section shall apply to a contract 

16 with— 

17 (1) any of the following religious plans: 

18 (A) Personal Care’s HMO; and 

19 (B) OSF HealthPlans, Inc.; and 

20 (2) any existing or future plan, if the carrier for 

21 the plan objects to such coverage on the basis of reli22 gious beliefs. 

23 (c) In implementing this section, any plan that enters 

24 into or renews a contract under this section may not subject 

25 any individual to discrimination on the basis that the indi-
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1 vidual refuses to prescribe or otherwise provide for contra2 ceptives because such activities would be contrary to the in3 dividual’s religious beliefs or moral convictions. 

4 (d) Nothing in this section shall be construed to require 

5 coverage of abortion or abortion-related services. 

6 SEC. 727. The United States is committed to ensuring 

7 the health of its Olympic, Pan American, and Paralympic 

8 athletes, and supports the strict adherence to anti-doping 

9 in sport through testing, adjudication, education, and re10 search as performed by nationally recognized oversight au11 thorities. 

12 SEC. 728. Notwithstanding any other provision of law, 

13 funds appropriated for official travel to Federal depart14 ments and agencies may be used by such departments and 

15 agencies, if consistent with Office of Management and 

16 Budget Circular A–126 regarding official travel for Govern17 ment personnel, to participate in the fractional aircraft 

18 ownership pilot program. 

19 SEC. 729. Notwithstanding any other provision of law, 

20 none of the funds appropriated or made available under 

21 this or any other appropriations Act may be used to imple22 ment or enforce restrictions or limitations on the Coast 

23 Guard Congressional Fellowship Program, or to implement 

24 the proposed regulations of the Office of Personnel Manage25 ment to add sections 300.311 through 300.316 to part 300 
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1 of title 5 of the Code of Federal Regulations, published in 

2 the Federal Register, volume 68, number 174, on September 

3 9, 2003 (relating to the detail of executive branch employees 

4 to the legislative branch). 

5 SEC. 730. Notwithstanding any other provision of law, 

6 no executive branch agency shall purchase, construct, or 

7 lease any additional facilities, except within or contiguous 

8 to existing locations, to be used for the purpose of con9 ducting Federal law enforcement training without the ad10 vance approval of the Committees on Appropriations of the 

11 House of Representatives and the Senate, except that the 

12 Federal Law Enforcement Training Center is authorized to 

13 obtain the temporary use of additional facilities by lease, 

14 contract, or other agreement for training which cannot be 

15 accommodated in existing Center facilities. 

16 SEC. 731. Unless otherwise authorized by existing law, 

17 none of the funds provided in this or any other Act may 

18 be used by an executive branch agency to produce any pre19 packaged news story intended for broadcast or distribution 

20 in the United States, unless the story includes a clear notifi21 cation within the text or audio of the prepackaged news 

22 story that the prepackaged news story was prepared or 

23 funded by that executive branch agency. 

24 SEC. 732. None of the funds made available in this 

25 Act may be used in contravention of section 552a of title 
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1 5, United States Code (popularly known as the Privacy 

2 Act), and regulations implementing that section. 

3 SEC. 733. (a) IN GENERAL.—None of the funds appro4 priated or otherwise made available by this or any other 

5 Act may be used for any Federal Government contract with 

6 any foreign incorporated entity which is treated as an in7 verted domestic corporation under section 835(b) of the 

8 Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any 

9 subsidiary of such an entity. 

10 (b) WAIVERS.— 

11 (1) IN GENERAL.—Any Secretary shall waive 

12 subsection (a) with respect to any Federal Govern13 ment contract under the authority of such Secretary 

14 if the Secretary determines that the waiver is required 

15 in the interest of national security. 

16 (2) REPORT TO CONGRESS.—Any Secretary 

17 issuing a waiver under paragraph (1) shall report 

18 such issuance to Congress. 

19 (c) EXCEPTION.—This section shall not apply to any 

20 Federal Government contract entered into before the date 

21 of the enactment of this Act, or to any task order issued 

22 pursuant to such contract. 

23 SEC. 734. During fiscal year 2016, for each employee 

24 who— 
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1 (1) retires under section 8336(d)(2) or 

2 8414(b)(1)(B) of title 5, United States Code; or 

3 (2) retires under any other provision of sub4 chapter III of chapter 83 or chapter 84 of such title 

5 5 and receives a payment as an incentive to separate, 

6 the separating agency shall remit to the Civil Service 

7 Retirement and Disability Fund an amount equal to 

8 the Office of Personnel Management’s average unit 

9 cost of processing a retirement claim for the preceding 

10 fiscal year. Such amounts shall be available until ex11 pended to the Office of Personnel Management and 

12 shall be deemed to be an administrative expense 

13 under section 8348(a)(1)(B) of title 5, United States 

14 Code. 

15 SEC. 735. (a) None of the funds made available in this 

16 or any other Act may be used to recommend or require any 

17 entity submitting an offer for a Federal contract to disclose 

18 any of the following information as a condition of submit19 ting the offer: 

20 (1) Any payment consisting of a contribution, 

21 expenditure, independent expenditure, or disburse22 ment for an electioneering communication that is 

23 made by the entity, its officers or directors, or any of 

24 its affiliates or subsidiaries to a candidate for election 

25 for Federal office or to a political committee, or that 
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1 is otherwise made with respect to any election for 

2 Federal office. 

3 (2) Any disbursement of funds (other than a 

4 payment described in paragraph (1)) made by the en5 tity, its officers or directors, or any of its affiliates or 

6 subsidiaries to any person with the intent or the rea7 sonable expectation that the person will use the funds 

8 to make a payment described in paragraph (1). 

9 (b) In this section, each of the terms ‘‘contribution’’, 

10 ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘electioneering 

11 communication’’, ‘‘candidate’’, ‘‘election’’, and ‘‘Federal of12 fice’’ has the meaning given such term in the Federal Elec13 tion Campaign Act of 1971 (2 U.S.C. 431 et seq.). 

14 SEC. 736. None of the funds made available in this 

15 or any other Act may be used to pay for the painting of 

16 a portrait of an officer or employee of the Federal govern17 ment, including the President, the Vice President, a member 

18 of Congress (including a Delegate or a Resident Commis19 sioner to Congress), the head of an executive branch agency 

20 (as defined in section 133 of title 41, United States Code), 

21 or the head of an office of the legislative branch. 

22 SEC. 737. (a)(1) Notwithstanding any other provision 

23 of law, and except as otherwise provided in this section, 

24 no part of any of the funds appropriated for fiscal year 

25 2016, by this or any other Act, may be used to pay any 
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1 prevailing rate employee described in section 5342(a)(2)(A) 

2 of title 5, United States Code— 

3 (A) during the period from the date of expiration 

4 of the limitation imposed by the comparable section 

5 for the previous fiscal years until the normal effective 

6 date of the applicable wage survey adjustment that is 

7 to take effect in fiscal year 2016, in an amount that 

8 exceeds the rate payable for the applicable grade and 

9 step of the applicable wage schedule in accordance 

10 with such section; and 

11 (B) during the period consisting of the remain12 der of fiscal year 2016, in an amount that exceeds, 

13 as a result of a wage survey adjustment, the rate pay14 able under subparagraph (A) by more than the sum 

15 of— 

16 (i) the percentage adjustment taking effect 

17 in fiscal year 2016 under section 5303 of title 5, 

18 United States Code, in the rates of pay under the 

19 General Schedule; and 

20 (ii) the difference between the overall aver21 age percentage of the locality-based com22 parability payments taking effect in fiscal year 

23 2016 under section 5304 of such title (whether by 

24 adjustment or otherwise), and the overall average 
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•HR 2029 EAH 

1 percentage of such payments which was effective 

2 in the previous fiscal year under such section. 

3 (2) Notwithstanding any other provision of law, no 

4 prevailing rate employee described in subparagraph (B) or 

5 (C) of section 5342(a)(2) of title 5, United States Code, and 

6 no employee covered by section 5348 of such title, may be 

7 paid during the periods for which paragraph (1) is in effect 

8 at a rate that exceeds the rates that would be payable under 

9 paragraph (1) were paragraph (1) applicable to such em10 ployee. 

11 (3) For the purposes of this subsection, the rates pay12 able to an employee who is covered by this subsection and 

13 who is paid from a schedule not in existence on September 

14 30, 2015, shall be determined under regulations prescribed 

15 by the Office of Personnel Management. 

16 (4) Notwithstanding any other provision of law, rates 

17 of premium pay for employees subject to this subsection 

18 may not be changed from the rates in effect on September 

19 30, 2015, except to the extent determined by the Office of 

20 Personnel Management to be consistent with the purpose of 

21 this subsection. 

22 (5) This subsection shall apply with respect to pay for 

23 service performed after September 30, 2015. 

24 (6) For the purpose of administering any provision 

25 of law (including any rule or regulation that provides pre-
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•HR 2029 EAH 

1 mium pay, retirement, life insurance, or any other em2 ployee benefit) that requires any deduction or contribution, 

3 or that imposes any requirement or limitation on the basis 

4 of a rate of salary or basic pay, the rate of salary or basic 

5 pay payable after the application of this subsection shall 

6 be treated as the rate of salary or basic pay. 

7 (7) Nothing in this subsection shall be considered to 

8 permit or require the payment to any employee covered by 

9 this subsection at a rate in excess of the rate that would 

10 be payable were this subsection not in effect. 

11 (8) The Office of Personnel Management may provide 

12 for exceptions to the limitations imposed by this subsection 

13 if the Office determines that such exceptions are necessary 

14 to ensure the recruitment or retention of qualified employ15 ees. 

16 (b) Notwithstanding subsection (a), the adjustment in 

17 rates of basic pay for the statutory pay systems that take 

18 place in fiscal year 2016 under sections 5344 and 5348 of 

19 title 5, United States Code, shall be— 

20 (1) not less than the percentage received by em21 ployees in the same location whose rates of basic pay 

22 are adjusted pursuant to the statutory pay systems 

23 under sections 5303 and 5304 of title 5, United States 

24 Code: Provided, That prevailing rate employees at lo25 cations where there are no employees whose pay is in-
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•HR 2029 EAH 

1 creased pursuant to sections 5303 and 5304 of title 5, 

2 United States Code, and prevailing rate employees de3 scribed in section 5343(a)(5) of title 5, United States 

4 Code, shall be considered to be located in the pay lo5 cality designated as ‘‘Rest of United States’’ pursuant 

6 to section 5304 of title 5, United States Code, for pur7 poses of this subsection; and 

8 (2) effective as of the first day of the first appli9 cable pay period beginning after September 30, 2015. 

10 SEC. 738. (a) The Vice President may not receive a 

11 pay raise in calendar year 2016, notwithstanding the rate 

12 adjustment made under section 104 of title 3, United States 

13 Code, or any other provision of law. 

14 (b) An employee serving in an Executive Schedule po15 sition, or in a position for which the rate of pay is fixed 

16 by statute at an Executive Schedule rate, may not receive 

17 a pay rate increase in calendar year 2016, notwithstanding 

18 schedule adjustments made under section 5318 of title 5, 

19 United States Code, or any other provision of law, except 

20 as provided in subsection (g), (h), or (i). This subsection 

21 applies only to employees who are holding a position under 

22 a political appointment. 

23 (c) A chief of mission or ambassador at large may not 

24 receive a pay rate increase in calendar year 2016, notwith25 standing section 401 of the Foreign Service Act of 1980 
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•HR 2029 EAH 

1 (Public Law 96–465) or any other provision of law, except 

2 as provided in subsection (g), (h), or (i). 

3 (d) Notwithstanding sections 5382 and 5383 of title 

4 5, United States Code, a pay rate increase may not be re5 ceived in calendar year 2016 (except as provided in sub6 section (g), (h), or (i)) by— 

7 (1) a noncareer appointee in the Senior Execu8 tive Service paid a rate of basic pay at or above level 

9 IV of the Executive Schedule; or 

10 (2) a limited term appointee or limited emer11 gency appointee in the Senior Executive Service serv12 ing under a political appointment and paid a rate of 

13 basic pay at or above level IV of the Executive Sched14 ule. 

15 (e) Any employee paid a rate of basic pay (including 

16 any locality-based payments under section 5304 of title 5, 

17 United States Code, or similar authority) at or above level 

18 IV of the Executive Schedule who serves under a political 

19 appointment may not receive a pay rate increase in cal20 endar year 2016, notwithstanding any other provision of 

21 law, except as provided in subsection (g), (h), or (i). This 

22 subsection does not apply to employees in the General 

23 Schedule pay system or the Foreign Service pay system, or 

24 to employees appointed under section 3161 of title 5, United 

25 States Code, or to employees in another pay system whose 
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•HR 2029 EAH 

1 position would be classified at GS–15 or below if chapter 

2 51 of title 5, United States Code, applied to them. 

3 (f) Nothing in subsections (b) through (e) shall prevent 

4 employees who do not serve under a political appointment 

5 from receiving pay increases as otherwise provided under 

6 applicable law. 

7 (g) A career appointee in the Senior Executive Service 

8 who receives a Presidential appointment and who makes 

9 an election to retain Senior Executive Service basic pay 

10 entitlements under section 3392 of title 5, United States 

11 Code, is not subject to this section. 

12 (h) A member of the Senior Foreign Service who re13 ceives a Presidential appointment to any position in the 

14 executive branch and who makes an election to retain Sen15 ior Foreign Service pay entitlements under section 302(b) 

16 of the Foreign Service Act of 1980 (Public Law 96–465) 

17 is not subject to this section. 

18 (i) Notwithstanding subsections (b) through (e), an em19 ployee in a covered position may receive a pay rate increase 

20 upon an authorized movement to a different covered posi21 tion with higher-level duties and a pre-established higher 

22 level or range of pay, except that any such increase must 

23 be based on the rates of pay and applicable pay limitations 

24 in effect on December 31, 2013. 
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•HR 2029 EAH 

1 (j) Notwithstanding any other provision of law, for an 

2 individual who is newly appointed to a covered position 

3 during the period of time subject to this section, the initial 

4 pay rate shall be based on the rates of pay and applicable 

5 pay limitations in effect on December 31, 2013. 

6 (k) If an employee affected by subsections (b) through 

7 (e) is subject to a biweekly pay period that begins in cal8 endar year 2016 but ends in calendar year 2017, the bar 

9 on the employee’s receipt of pay rate increases shall apply 

10 through the end of that pay period. 

11 SEC. 739. (a) The head of any Executive branch de12 partment, agency, board, commission, or office funded by 

13 this or any other appropriations Act shall submit annual 

14 reports to the Inspector General or senior ethics official for 

15 any entity without an Inspector General, regarding the 

16 costs and contracting procedures related to each conference 

17 held by any such department, agency, board, commission, 

18 or office during fiscal year 2016 for which the cost to the 

19 United States Government was more than $100,000. 

20 (b) Each report submitted shall include, for each con21 ference described in subsection (a) held during the applica22 ble period— 

23 (1) a description of its purpose; 

24 (2) the number of participants attending; 
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•HR 2029 EAH 

1 (3) a detailed statement of the costs to the United 

2 States Government, including— 

3 (A) the cost of any food or beverages; 

4 (B) the cost of any audio-visual services; 

5 (C) the cost of employee or contractor travel 

6 to and from the conference; and 

7 (D) a discussion of the methodology used to 

8 determine which costs relate to the conference; 

9 and 

10 (4) a description of the contracting procedures 

11 used including— 

12 (A) whether contracts were awarded on a 

13 competitive basis; and 

14 (B) a discussion of any cost comparison 

15 conducted by the departmental component or of16 fice in evaluating potential contractors for the 

17 conference. 

18 (c) Within 15 days of the date of a conference held 

19 by any Executive branch department, agency, board, com20 mission, or office funded by this or any other appropria21 tions Act during fiscal year 2016 for which the cost to the 

22 United States Government was more than $20,000, the head 

23 of any such department, agency, board, commission, or of24 fice shall notify the Inspector General or senior ethics offi25 cial for any entity without an Inspector General, of the 
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•HR 2029 EAH 

1 date, location, and number of employees attending such con2 ference. 

3 (d) A grant or contract funded by amounts appro4 priated by this or any other appropriations Act may not 

5 be used for the purpose of defraying the costs of a conference 

6 described in subsection (c) that is not directly and program7 matically related to the purpose for which the grant or con8 tract was awarded, such as a conference held in connection 

9 with planning, training, assessment, review, or other rou10 tine purposes related to a project funded by the grant or 

11 contract. 

12 (e) None of the funds made available in this or any 

13 other appropriations Act may be used for travel and con14 ference activities that are not in compliance with Office of 

15 Management and Budget Memorandum M–12–12 dated 

16 May 11, 2012 or any subsequent revisions to that memo17 randum. 

18 SEC. 740. None of the funds made available in this 

19 or any other appropriations Act may be used to increase, 

20 eliminate, or reduce funding for a program, project, or ac21 tivity as proposed in the President’s budget request for a 

22 fiscal year until such proposed change is subsequently en23 acted in an appropriation Act, or unless such change is 

24 made pursuant to the reprogramming or transfer provisions 

25 of this or any other appropriations Act. 
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1 SEC. 741. None of the funds made available by this 

2 or any other Act may be used to implement, administer, 

3 enforce, or apply the rule entitled ‘‘Competitive Area’’ pub4 lished by the Office of Personnel Management in the Federal 

5 Register on April 15, 2008 (73 Fed. Reg. 20180 et seq.). 

6 SEC. 742. None of the funds appropriated or otherwise 

7 made available by this or any other Act may be used to 

8 begin or announce a study or public-private competition 

9 regarding the conversion to contractor performance of any 

10 function performed by Federal employees pursuant to Office 

11 of Management and Budget Circular A–76 or any other ad12 ministrative regulation, directive, or policy. 

13 SEC. 743. (a) None of the funds appropriated or other14 wise made available by this or any other Act may be avail15 able for a contract, grant, or cooperative agreement with 

16 an entity that requires employees or contractors of such en17 tity seeking to report fraud, waste, or abuse to sign internal 

18 confidentiality agreements or statements prohibiting or oth19 erwise restricting such employees or contractors from law20 fully reporting such waste, fraud, or abuse to a designated 

21 investigative or law enforcement representative of a Federal 

22 department or agency authorized to receive such informa23 tion. 

24 (b) The limitation in subsection (a) shall not con25 travene requirements applicable to Standard Form 312, 
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1 Form 4414, or any other form issued by a Federal depart2 ment or agency governing the nondisclosure of classified in3 formation. 

4 SEC. 744. (a) No funds appropriated in this or any 

5 other Act may be used to implement or enforce the agree6 ments in Standard Forms 312 and 4414 of the Government 

7 or any other nondisclosure policy, form, or agreement if 

8 such policy, form, or agreement does not contain the fol9 lowing provisions: ‘‘These provisions are consistent with 

10 and do not supersede, conflict with, or otherwise alter the 

11 employee obligations, rights, or liabilities created by exist12 ing statute or Executive order relating to (1) classified in13 formation, (2) communications to Congress, (3) the report14 ing to an Inspector General of a violation of any law, rule, 

15 or regulation, or mismanagement, a gross waste of funds, 

16 an abuse of authority, or a substantial and specific danger 

17 to public health or safety, or (4) any other whistleblower 

18 protection. The definitions, requirements, obligations, 

19 rights, sanctions, and liabilities created by controlling Ex20 ecutive orders and statutory provisions are incorporated 

21 into this agreement and are controlling.’’: Provided, That 

22 notwithstanding the preceding provision of this section, a 

23 nondisclosure policy form or agreement that is to be exe24 cuted by a person connected with the conduct of an intel25 ligence or intelligence-related activity, other than an em-
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•HR 2029 EAH 

1 ployee or officer of the United States Government, may con2 tain provisions appropriate to the particular activity for 

3 which such document is to be used. Such form or agreement 

4 shall, at a minimum, require that the person will not dis5 close any classified information received in the course of 

6 such activity unless specifically authorized to do so by the 

7 United States Government. Such nondisclosure forms shall 

8 also make it clear that they do not bar disclosures to Con9 gress, or to an authorized official of an executive agency 

10 or the Department of Justice, that are essential to reporting 

11 a substantial violation of law. 

12 (b) A nondisclosure agreement may continue to be im13 plemented and enforced notwithstanding subsection (a) if 

14 it complies with the requirements for such agreement that 

15 were in effect when the agreement was entered into. 

16 (c) No funds appropriated in this or any other Act 

17 may be used to implement or enforce any agreement entered 

18 into during fiscal year 2014 which does not contain sub19 stantially similar language to that required in subsection 

20 (a). 

21 SEC. 745. None of the funds made available by this 

22 or any other Act may be used to enter into a contract, 

23 memorandum of understanding, or cooperative agreement 

24 with, make a grant to, or provide a loan or loan guarantee 

25 to, any corporation that has any unpaid Federal tax liabil-
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•HR 2029 EAH 

1 ity that has been assessed, for which all judicial and admin2 istrative remedies have been exhausted or have lapsed, and 

3 that is not being paid in a timely manner pursuant to an 

4 agreement with the authority responsible for collecting the 

5 tax liability, where the awarding agency is aware of the 

6 unpaid tax liability, unless a Federal agency has considered 

7 suspension or debarment of the corporation and has made 

8 a determination that this further action is not necessary 

9 to protect the interests of the Government. 

10 SEC. 746. None of the funds made available by this 

11 or any other Act may be used to enter into a contract, 

12 memorandum of understanding, or cooperative agreement 

13 with, make a grant to, or provide a loan or loan guarantee 

14 to, any corporation that was convicted of a felony criminal 

15 violation under any Federal law within the preceding 24 

16 months, where the awarding agency is aware of the convic17 tion, unless a Federal agency has considered suspension or 

18 debarment of the corporation and has made a determina19 tion that this further action is not necessary to protect the 

20 interests of the Government. 

21 SEC. 747. (a) The Act entitled ‘‘An Act providing for 

22 the incorporation of certain persons as Group Hospitaliza23 tion and Medical Services, Inc.’’, approved August 11, 1939 

24 (53 Stat. 1412), is amended— 
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1 (1) by redesignating section 11 as section 12; 

2 and 

3 (2) by inserting after section 10 the following: 

4 ‘‘SEC. 11. The surplus of the corporation is for the ben5 efit and protection of all of its certificate holders and shall 

6 be available for the satisfaction of all obligations of the cor7 poration regardless of the jurisdiction in which such surplus 

8 originated or such obligations arise. The corporation shall 

9 not divide, attribute, distribute, or reduce its surplus pursu10 ant to any statute, regulation, or order of any jurisdiction 

11 without the express agreement of the District of Columbia, 

12 Maryland, and Virginia— 

13 ‘‘(1) that the entire surplus of the corporation is 

14 excessive; and 

15 ‘‘(2) to any plan for reduction or distribution of 

16 surplus.’’. 

17 (b) The amendments made by subsection (a) shall 

18 apply with respect to the surplus of Group Hospitalization 

19 and Medical Services, Inc. for any year after 2011. 

20 SEC. 748. (a) During fiscal year 2016, on the date on 

21 which a request is made for a transfer of funds in accord22 ance with section 1017 of Public Law 111–203, the Bureau 

23 of Consumer Financial Protection shall notify the Commit24 tees on Appropriations of the House of Representatives and 

25 the Senate, the Committee on Financial Services of the 
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1 House of Representatives, and the Committee on Banking, 

2 Housing, and Urban Affairs of the Senate of such request. 

3 (b) Any notification required by this section shall be 

4 made available on the Bureau’s public Web site. 

5 SEC. 749. (a) Notwithstanding the time limitations 

6 specified in section 3744 of title 10, United States Code, 

7 or any other time limitation with respect to the awarding 

8 of certain medals to persons who served in the Armed 

9 Forces, the President may award the Medal of Honor under 

10 section 3741 of such title to Charles S. Kettles for the acts 

11 of valor during the Vietnam War described in subsection 

12 (b). 

13 (b) The acts of valor referred to in subsection (a) are 

14 the actions of Charles S. Kettles during combat operations 

15 on May 15, 1967, while serving as Flight Commander, 

16 176th Aviation Company, 14th Aviation Battalion, Task 

17 Force Oregon, Republic of Vietnam, for which he was pre18 viously awarded the Distinguished Service Cross. 

19 SEC. 750. (a) None of the funds made available under 

20 this or any other Act may be used to— 

21 (1) implement, administer, carry out, modify, 

22 revise, or enforce Executive Order 13690, entitled 

23 ‘‘Establishing a Federal Flood Risk Management 

24 Standard and a Process for Further Soliciting and 
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1 Considering Stakeholder Input’’ (issued January 30, 

2 2015), other than for— 

3 (A) acquiring, managing, or disposing of 

4 Federal lands and facilities; 

5 (B) providing federally undertaken, fi6 nanced, or assisted construction or improve7 ments; or 

8 (C) conducting Federal activities or pro9 grams affecting land use, including water and 

10 related land resources planning, regulating, and 

11 licensing activities; 

12 (2) implement Executive Order 13690 in a man13 ner that modifies the non-grant components of the 

14 National Flood Insurance Program; or 

15 (3) apply Executive Order 13690 or the Federal 

16 Flood Risk Management Standard by any component 

17 of the Department of Defense, including the Army 

18 Corps of Engineers in a way that changes the ‘‘flood19 plain’’ considered when determining whether or not to 

20 issue a Department of the Army permit under section 

21 404 of the Clean Water Act or section 10 of the Rivers 

22 and Harbors Act. 

23 (b) Subsection (a) of this section shall not be in effect 

24 during the period beginning on October 1, 2016 and ending 

25 on September 30, 2017. 
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1 SEC. 751. Except as expressly provided otherwise, any 

2 reference to ‘‘this Act’’ contained in any title other than 

3 title IV or VIII shall not apply to such title IV or VIII. 

4 TITLE VIII 

5 GENERAL PROVISIONS—DISTRICT OF COLUMBIA 

6 (INCLUDING TRANSFERS OF FUNDS)

7 SEC. 801. There are appropriated from the applicable 

8 funds of the District of Columbia such sums as may be nec9 essary for making refunds and for the payment of legal set10 tlements or judgments that have been entered against the 

11 District of Columbia government. 

12 SEC. 802. None of the Federal funds provided in this 

13 Act shall be used for publicity or propaganda purposes or 

14 implementation of any policy including boycott designed to 

15 support or defeat legislation pending before Congress or any 

16 State legislature. 

17 SEC. 803. (a) None of the Federal funds provided 

18 under this Act to the agencies funded by this Act, both Fed19 eral and District government agencies, that remain avail20 able for obligation or expenditure in fiscal year 2016, or 

21 provided from any accounts in the Treasury of the United 

22 States derived by the collection of fees available to the agen23 cies funded by this Act, shall be available for obligation or 

24 expenditures for an agency through a reprogramming of 

25 funds which— 
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1 (1) creates new programs; 

2 (2) eliminates a program, project, or responsi3 bility center; 

4 (3) establishes or changes allocations specifically 

5 denied, limited or increased under this Act; 

6 (4) increases funds or personnel by any means 

7 for any program, project, or responsibility center for 

8 which funds have been denied or restricted; 

9 (5) re-establishes any program or project pre10 viously deferred through reprogramming; 

11 (6) augments any existing program, project, or 

12 responsibility center through a reprogramming of 

13 funds in excess of $3,000,000 or 10 percent, whichever 

14 is less; or 

15 (7) increases by 20 percent or more personnel as16 signed to a specific program, project or responsibility 

17 center, 

18 unless prior approval is received from the Committees on 

19 Appropriations of the House of Representatives and the 

20 Senate. 

21 (b) The District of Columbia government is authorized 

22 to approve and execute reprogramming and transfer re23 quests of local funds under this title through November 7, 

24 2016. 
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1 SEC. 804. None of the Federal funds provided in this 

2 Act may be used by the District of Columbia to provide 

3 for salaries, expenses, or other costs associated with the of4 fices of United States Senator or United States Representa5 tive under section 4(d) of the District of Columbia State6 hood Constitutional Convention Initiatives of 1979 (D.C. 

7 Law 3–171; D.C. Official Code, sec. 1–123). 

8 SEC. 805. Except as otherwise provided in this section, 

9 none of the funds made available by this Act or by any 

10 other Act may be used to provide any officer or employee 

11 of the District of Columbia with an official vehicle unless 

12 the officer or employee uses the vehicle only in the perform13 ance of the officer’s or employee’s official duties. For pur14 poses of this section, the term ‘‘official duties’’ does not in15 clude travel between the officer’s or employee’s residence and 

16 workplace, except in the case of— 

17 (1) an officer or employee of the Metropolitan 

18 Police Department who resides in the District of Co19 lumbia or is otherwise designated by the Chief of the 

20 Department; 

21 (2) at the discretion of the Fire Chief, an officer 

22 or employee of the District of Columbia Fire and 

23 Emergency Medical Services Department who resides 

24 in the District of Columbia and is on call 24 hours 

25 a day; 
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•HR 2029 EAH 

1 (3) at the discretion of the Director of the De2 partment of Corrections, an officer or employee of the 

3 District of Columbia Department of Corrections who 

4 resides in the District of Columbia and is on call 24 

5 hours a day; 

6 (4) at the discretion of the Chief Medical Exam7 iner, an officer or employee of the Office of the Chief 

8 Medical Examiner who resides in the District of Co9 lumbia and is on call 24 hours a day; 

10 (5) at the discretion of the Director of the Home11 land Security and Emergency Management Agency, 

12 an officer or employee of the Homeland Security and 

13 Emergency Management Agency who resides in the 

14 District of Columbia and is on call 24 hours a day; 

15 (6) the Mayor of the District of Columbia; and 

16 (7) the Chairman of the Council of the District 

17 of Columbia. 

18 SEC. 806. (a) None of the Federal funds contained in 

19 this Act may be used by the District of Columbia Attorney 

20 General or any other officer or entity of the District govern21 ment to provide assistance for any petition drive or civil 

22 action which seeks to require Congress to provide for voting 

23 representation in Congress for the District of Columbia. 

24 (b) Nothing in this section bars the District of Colum25 bia Attorney General from reviewing or commenting on 
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1 briefs in private lawsuits, or from consulting with officials 

2 of the District government regarding such lawsuits. 

3 SEC. 807. None of the Federal funds contained in this 

4 Act may be used to distribute any needle or syringe for the 

5 purpose of preventing the spread of blood borne pathogens 

6 in any location that has been determined by the local public 

7 health or local law enforcement authorities to be inappro8 priate for such distribution. 

9 SEC. 808. Nothing in this Act may be construed to pre10 vent the Council or Mayor of the District of Columbia from 

11 addressing the issue of the provision of contraceptive cov12 erage by health insurance plans, but it is the intent of Con13 gress that any legislation enacted on such issue should in14 clude a ‘‘conscience clause’’ which provides exceptions for 

15 religious beliefs and moral convictions. 

16 SEC. 809. (a) None of the Federal funds contained in 

17 this Act may be used to enact or carry out any law, rule, 

18 or regulation to legalize or otherwise reduce penalties asso19 ciated with the possession, use, or distribution of any sched20 ule I substance under the Controlled Substances Act (21 

21 U.S.C. 801 et seq.) or any tetrahydrocannabinols deriva22 tive. 

23 (b) None of the funds contained in this Act may be 

24 used to enact any law, rule, or regulation to legalize or oth25 erwise reduce penalties associated with the possession, use, 
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1 or distribution of any schedule I substance under the Con2 trolled Substances Act (21 U.S.C. 801 et seq.) or any 

3 tetrahydrocannabinols derivative for recreational purposes. 

4 SEC. 810. None of the funds appropriated under this 

5 Act shall be expended for any abortion except where the life 

6 of the mother would be endangered if the fetus were carried 

7 to term or where the pregnancy is the result of an act of 

8 rape or incest. 

9 SEC. 811. (a) No later than 30 calendar days after 

10 the date of the enactment of this Act, the Chief Financial 

11 Officer for the District of Columbia shall submit to the ap12 propriate committees of Congress, the Mayor, and the Coun13 cil of the District of Columbia, a revised appropriated funds 

14 operating budget in the format of the budget that the Dis15 trict of Columbia government submitted pursuant to section 

16 442 of the District of Columbia Home Rule Act (D.C. Offi17 cial Code, sec. 1–204.42), for all agencies of the District of 

18 Columbia government for fiscal year 2016 that is in the 

19 total amount of the approved appropriation and that re20 aligns all budgeted data for personal services and other21 than-personal services, respectively, with anticipated actual 

22 expenditures. 

23 (b) This section shall apply only to an agency for 

24 which the Chief Financial Officer for the District of Colum-
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1 bia certifies that a reallocation is required to address unan2 ticipated changes in program requirements. 

3 SEC. 812. No later than 30 calendar days after the 

4 date of the enactment of this Act, the Chief Financial Offi5 cer for the District of Columbia shall submit to the appro6 priate committees of Congress, the Mayor, and the Council 

7 for the District of Columbia, a revised appropriated funds 

8 operating budget for the District of Columbia Public 

9 Schools that aligns schools budgets to actual enrollment. The 

10 revised appropriated funds budget shall be in the format 

11 of the budget that the District of Columbia government sub12 mitted pursuant to section 442 of the District of Columbia 

13 Home Rule Act (D.C. Official Code, sec. 1–204.42). 

14 SEC. 813. (a) Amounts appropriated in this Act as 

15 operating funds may be transferred to the District of Co16 lumbia’s enterprise and capital funds and such amounts, 

17 once transferred, shall retain appropriation authority con18 sistent with the provisions of this Act. 

19 (b) The District of Columbia government is authorized 

20 to reprogram or transfer for operating expenses any local 

21 funds transferred or reprogrammed in this or the four prior 

22 fiscal years from operating funds to capital funds, and such 

23 amounts, once transferred or reprogrammed, shall retain 

24 appropriation authority consistent with the provisions of 

25 this Act. 
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1 (c) The District of Columbia government may not 

2 transfer or reprogram for operating expenses any funds de3 rived from bonds, notes, or other obligations issued for cap4 ital projects. 

5 SEC. 814. None of the Federal funds appropriated in 

6 this Act shall remain available for obligation beyond the 

7 current fiscal year, nor may any be transferred to other 

8 appropriations, unless expressly so provided herein. 

9 SEC. 815. Except as otherwise specifically provided by 

10 law or under this Act, not to exceed 50 percent of unobli11 gated balances remaining available at the end of fiscal year 

12 2016 from appropriations of Federal funds made available 

13 for salaries and expenses for fiscal year 2016 in this Act, 

14 shall remain available through September 30, 2017, for each 

15 such account for the purposes authorized: Provided, That 

16 a request shall be submitted to the Committees on Appro17 priations of the House of Representatives and the Senate 

18 for approval prior to the expenditure of such funds: Pro19 vided further, That these requests shall be made in compli20 ance with reprogramming guidelines outlined in section 

21 803 of this Act. 

22 SEC. 816. (a) During fiscal year 2017, during a period 

23 in which neither a District of Columbia continuing resolu24 tion or a regular District of Columbia appropriation bill 

25 is in effect, local funds are appropriated in the amount pro-
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1 vided for any project or activity for which local funds are 

2 provided in the Fiscal Year 2017 Budget Request Act of 

3 2016 as submitted to Congress (subject to any modifications 

4 enacted by the District of Columbia as of the beginning of 

5 the period during which this subsection is in effect) at the 

6 rate set forth by such Act. 

7 (b) Appropriations made by subsection (a) shall cease 

8 to be available— 

9 (1) during any period in which a District of Co10 lumbia continuing resolution for fiscal year 2017 is 

11 in effect; or 

12 (2) upon the enactment into law of the regular 

13 District of Columbia appropriation bill for fiscal year 

14 2017. 

15 (c) An appropriation made by subsection (a) is pro16 vided under the authority and conditions as provided under 

17 this Act and shall be available to the extent and in the man18 ner that would be provided by this Act. 

19 (d) An appropriation made by subsection (a) shall 

20 cover all obligations or expenditures incurred for such 

21 project or activity during the portion of fiscal year 2017 

22 for which this section applies to such project or activity. 

23 (e) This section shall not apply to a project or activity 

24 during any period of fiscal year 2017 if any other provision 

25 of law (other than an authorization of appropriations)— 
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1 (1) makes an appropriation, makes funds avail2 able, or grants authority for such project or activity 

3 to continue for such period; or 

4 (2) specifically provides that no appropriation 

5 shall be made, no funds shall be made available, or 

6 no authority shall be granted for such project or ac7 tivity to continue for such period. 

8 (f) Nothing in this section shall be construed to affect 

9 obligations of the government of the District of Columbia 

10 mandated by other law. 

11 SEC. 817. (a) This section may be cited as the ‘‘D.C. 

12 Opportunity Scholarship Program School Certification Re13 quirements Act’’. 

14 (b) Section 3007(a) of the Scholarships for Oppor15 tunity and Results Act (Public Law 112–10; 125 Stat. 203) 

16 is amended— 

17 (1) in paragraph (4)— 

18 (A) in subparagraph (E), by striking ‘‘and’’ 

19 after the semicolon; 

20 (B) in subparagraph (F), by striking the 

21 period at the end and inserting a semicolon; and 

22 (C) by adding at the end the following: 

23 ‘‘(G)(i) is provisionally or fully accredited 

24 by a national or regional accrediting agency 

25 that is recognized in the District of Columbia 
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1 School Reform Act of 1995 (sec. 38– 

2 1802.02(16)(A)–(G), D.C. Official Code) or any 

3 other accrediting body deemed appropriate by 

4 the Office of the State Superintendent for Schools 

5 for the purposes of accrediting an elementary or 

6 secondary school; or 

7 ‘‘(ii) in the case of a school that is a 

8 participating school as of the day before the 

9 date of enactment of the D.C. Opportunity 

10 Scholarship Program School Certification 

11 Requirements Act and, as of such day, does 

12 not meet the requirements of clause (i)— 

13 ‘‘(I) by not later than 1 year after 

14 such date of enactment, is pursuing ac15 creditation by a national or regional 

16 accrediting agency recognized in the 

17 District of Columbia School Reform 

18 Act of 1995 (sec. 38–1802.02(16)(A)– 

19 (G), D.C. Official Code) or any other 

20 accrediting body deemed appropriate 

21 by the Office of the State Super22 intendent for Schools for the purposes 

23 of accrediting an elementary or sec24 ondary school; and 
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1 ‘‘(II) by not later than 5 years 

2 after such date of enactment, is provi3 sionally or fully accredited by such ac4 crediting agency, except that an eligi5 ble entity may grant not more than 

6 one 1-year extension to meet this re7 quirement for each participating school 

8 that provides evidence to the eligible 

9 entity from such accrediting agency 

10 that the school’s application for accred11 itation is in process and the school will 

12 be awarded accreditation before the end 

13 of the 1-year extension period; 

14 ‘‘(H) conducts criminal background checks 

15 on school employees who have direct and unsu16 pervised interaction with students; and 

17 ‘‘(I) complies with all requests for data and 

18 information regarding the reporting require19 ments described in section 3010.’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(5) NEW PARTICIPATING SCHOOLS.—If a school 

22 is not a participating school as of the date of enact23 ment of the D.C. Opportunity Scholarship Program 

24 School Certification Requirements Act, the school 

25 shall not become a participating school and none of 
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1 the funds provided under this division for oppor2 tunity scholarships may be used by an eligible student 

3 to enroll in that school unless the school— 

4 ‘‘(A) is actively pursuing provisional or full 

5 accreditation by a national or regional accred6 iting agency that is recognized in the District of 

7 Columbia School Reform Act of 1995 (sec. 38– 

8 1802.02(16)(A)–(G), D.C. Official Code) or any 

9 other accrediting body deemed appropriate by 

10 the Office of the State Superintendent for Schools 

11 for the purposes of accrediting an elementary or 

12 secondary school; and 

13 ‘‘(B) meets all of the other requirements for 

14 participating schools under this Act. 

15 ‘‘(6) ENROLLING IN ANOTHER SCHOOL.—An eli16 gible entity shall assist the parents of a participating 

17 eligible student in identifying, applying to, and en18 rolling in an another participating school for which 

19 opportunity scholarship funds may be used, if— 

20 ‘‘(A) such student is enrolled in a partici21 pating private school and may no longer use op22 portunity scholarship funds for enrollment in 

23 that participating private school because such 

24 school fails to meet a requirement under para25 graph 4, or any other requirement of this Act; or 
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1 ‘‘(B) a participating eligible student is en2 rolled in a school that ceases to be a partici3 pating school.’’. 

4 (c) REPORT TO ELIGIBLE ENTITIES.—Section 3010 of 

5 the Scholarships for Opportunity and Results Act (Public 

6 Law 112–10; 125 Stat. 203) is further amended— 

7 (1) by redesignating subsection (d) as subsection 

8 (e); and 

9 (2) by inserting after subsection (c) the fol10 lowing: 

11 ‘‘(d) REPORTS TO ELIGIBLE ENTITIES.—The eligible 

12 entity receiving funds under section 3004(a) shall ensure 

13 that each participating school under this division submits 

14 to the eligible entity beginning not later than 5 years after 

15 the date of the enactment of the D.C. Opportunity Scholar16 ship Program School Certification Requirements Act, a cer17 tification that the school has been awarded provisional or 

18 full accreditation, or has been granted an extension by the 

19 eligible entity in accordance with section 3007(a)(4)(G).’’. 

20 (d) Unless specifically provided otherwise, this section, 

21 and the amendments made by this section, shall take effect 

22 1 year after the date of enactment of this Act. 

23 SEC. 818. Subparagraph (G) of section 3(c)(2) of the 

24 District of Columbia College Access Act of 1999 (Public 

25 Law 106–98), as amended, is further amended: 
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1 (1) by inserting after ‘‘(G)’’, ‘‘(i) for individuals 

2 who began an undergraduate course of study prior to 

3 school year 2015–2016,’’; and 

4 (2) by inserting the following before the period at 

5 the end: ‘‘and (ii) for individuals who begin an un6 dergraduate course of study in or after school year 

7 2016–2017, is from a family with a taxable annual 

8 income of less than $750,000. Beginning with school 

9 year 2017–2018, the Mayor shall adjust the amounts 

10 in clauses (i) and (ii) for inflation, as measured by 

11 the percentage increase, if any, from the preceding fis12 cal year in the Consumer Price Index for All Urban 

13 Consumers, published by the Bureau of Labor Statis14 tics of the Department of Labor’’. 

15 SEC. 819. Except as expressly provided otherwise, any 

16 reference to ‘‘this Act’’ contained in this title or in title 

17 IV shall be treated as referring only to the provisions of 

18 this title or of title IV. 

19 This division may be cited as the ‘‘Financial Services 

20 and General Government Appropriations Act, 2016’’. 
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1 DIVISION F—DEPARTMENT OF HOMELAND 

2 SECURITY APPROPRIATIONS ACT, 2016 

3 TITLE I 

4 DEPARTMENTAL MANAGEMENT AND 

5 OPERATIONS 

6 OFFICE OF THE SECRETARY AND EXECUTIVE

7 MANAGEMENT

8 For necessary expenses of the Office of the Secretary 

9 of Homeland Security, as authorized by section 102 of the 

10 Homeland Security Act of 2002 (6 U.S.C. 112), and execu11 tive management of the Department of Homeland Security, 

12 as authorized by law, $137,466,000: Provided, That not to 

13 exceed $45,000 shall be for official reception and representa14 tion expenses: Provided further, That all official costs asso15 ciated with the use of government aircraft by Department 

16 of Homeland Security personnel to support official travel 

17 of the Secretary and the Deputy Secretary shall be paid 

18 from amounts made available for the Immediate Office of 

19 the Secretary and the Immediate Office of the Deputy Sec20 retary: Provided further, That not later than 30 days after 

21 the date of enactment of this Act, the Secretary of Homeland 

22 Security shall submit to the Committees on Appropriations 

23 of the Senate and the House of Representatives, the Com24 mittees on the Judiciary of the Senate and the House of 

25 Representatives, the Committee on Homeland Security and 
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1 Governmental Affairs of the Senate, and the Committee on 

2 Homeland Security of the House of Representatives, the 

3 comprehensive plan for implementation of the biometric 

4 entry and exit data system as required under this heading 

5 in Public Law 114–4 and a report on visa overstay data 

6 by country as required by section 1376 of title 8, United 

7 States Code: Provided further, That the report on visa over8 stay data shall also include— 

9 (1) overstays from all nonimmigrant visa cat10 egories under the immigration laws, delineated by 

11 each of the classes and sub-classes of such categories; 

12 and 

13 (2) numbers as well as rates of overstays for each 

14 class and sub-class of such nonimmigrant categories 

15 on a per-country basis: 

16 Provided further, That of the funds provided under this 

17 heading, $13,000,000 shall be withheld from obligation for 

18 the Office of the Secretary and Executive Management until 

19 both the comprehensive plan and the report are submitted. 

20 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

21 For necessary expenses of the Office of the Under Sec22 retary for Management, as authorized by sections 701 

23 through 705 of the Homeland Security Act of 2002 (6 

24 U.S.C. 341 through 345), $196,810,000, of which not to ex25 ceed $2,000 shall be for official reception and representation 
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1 expenses: Provided, That of the total amount made available 

2 under this heading, $4,456,000 shall remain available until 

3 September 30, 2017, solely for the alteration and improve4 ment of facilities, tenant improvements, and relocation costs 

5 to consolidate Department headquarters operations at the 

6 Nebraska Avenue Complex; and $7,778,000 shall remain 

7 available until September 30, 2017, for the Human Re8 sources Information Technology program: Provided further, 

9 That the Under Secretary for Management shall include in 

10 the President’s budget proposal for fiscal year 2017, sub11 mitted pursuant to section 1105(a) of title 31, United States 

12 Code, a Comprehensive Acquisition Status Report, which 

13 shall include the information required under the heading 

14 ‘‘Office of the Under Secretary for Management’’ under title 

15 I of division D of the Consolidated Appropriations Act, 

16 2012 (Public Law 112–74), and shall submit quarterly up17 dates to such report not later than 45 days after the comple18 tion of each quarter. 

19 OFFICE OF THE CHIEF FINANCIAL OFFICER

20 For necessary expenses of the Office of the Chief Finan21 cial Officer, as authorized by section 103 of the Homeland 

22 Security Act of 2002 (6 U.S.C. 113), $56,420,000: Provided, 

23 That the Secretary of Homeland Security shall submit to 

24 the Committees on Appropriations of the Senate and the 

25 House of Representatives, at the time the President’s budget 
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1 proposal for fiscal year 2017 is submitted pursuant to sec2 tion 1105(a) of title 31, United States Code, the Future 

3 Years Homeland Security Program, as authorized by sec4 tion 874 of Public Law 107–296 (6 U.S.C. 454). 

5 OFFICE OF THE CHIEF INFORMATION OFFICER

6 For necessary expenses of the Office of the Chief Infor7 mation Officer, as authorized by section 103 of the Home8 land Security Act of 2002 (6 U.S.C. 113), and Department9 wide technology investments, $309,976,000; of which 

10 $109,957,000 shall be available for salaries and expenses; 

11 and of which $200,019,000, to remain available until Sep12 tember 30, 2017, shall be available for development and ac13 quisition of information technology equipment, software, 

14 services, and related activities for the Department of Home15 land Security. 

16 ANALYSIS AND OPERATIONS

17 For necessary expenses for intelligence analysis and 

18 operations coordination activities, as authorized by title II 

19 of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 

20 $264,714,000; of which not to exceed $3,825 shall be for offi21 cial reception and representation expenses; of which not to 

22 exceed $2,000,000 is available for facility needs associated 

23 with secure space at fusion centers, including improvements 

24 to buildings; and of which $111,021,000 shall remain avail25 able until September 30, 2017. 
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector Gen3 eral in carrying out the provisions of the Inspector General 

4 Act of 1978 (5 U.S.C. App.), $137,488,000; of which not 

5 to exceed $300,000 may be used for certain confidential 

6 operational expenses, including the payment of informants, 

7 to be expended at the direction of the Inspector General. 

8 TITLE II 

9 SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

10 U.S. CUSTOMS AND BORDER PROTECTION

11 SALARIES AND EXPENSES

12 For necessary expenses for enforcement of laws relating 

13 to border security, immigration, customs, agricultural in14 spections and regulatory activities related to plant and ani15 mal imports, and transportation of unaccompanied minor 

16 aliens; purchase and lease of up to 7,500 (6,500 for replace17 ment only) police-type vehicles; and contracting with indi18 viduals for personal services abroad; $8,628,902,000; of 

19 which $3,274,000 shall be derived from the Harbor Mainte20 nance Trust Fund for administrative expenses related to the 

21 collection of the Harbor Maintenance Fee pursuant to sec22 tion 9505(c)(3) of the Internal Revenue Code of 1986 (26 

23 U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) 

24 of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); 

25 of which $30,000,000 shall be available until September 30, 
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•HR 2029 EAH 

1 2017, solely for the purpose of recruiting, hiring, training, 

2 and equipping law enforcement officers and Border Patrol 

3 agents; of which not to exceed $34,425 shall be for official 

4 reception and representation expenses; of which such sums 

5 as become available in the Customs User Fee Account, ex6 cept sums subject to section 13031(f)(3) of the Consolidated 

7 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 

8 58c(f)(3)), shall be derived from that account; of which not 

9 to exceed $150,000 shall be available for payment for rental 

10 space in connection with preclearance operations; and of 

11 which not to exceed $1,000,000 shall be for awards of com12 pensation to informants, to be accounted for solely under 

13 the certificate of the Secretary of Homeland Security: Pro14 vided, That of the amounts made available under this head15 ing for Inspection and Detection Technology Investments, 

16 $18,500,000 shall remain available until September 30, 

17 2018: Provided further, That for fiscal year 2016, the over18 time limitation prescribed in section 5(c)(1) of the Act of 

19 February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; 

20 and notwithstanding any other provision of law, none of 

21 the funds appropriated by this Act shall be available to 

22 compensate any employee of U.S. Customs and Border Pro23 tection for overtime, from whatever source, in an amount 

24 that exceeds such limitation, except in individual cases de25 termined by the Secretary of Homeland Security, or the des-
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•HR 2029 EAH 

1 ignee of the Secretary, to be necessary for national security 

2 purposes, to prevent excessive costs, or in cases of immigra3 tion emergencies: Provided further, That the Border Patrol 

4 shall maintain an active duty presence of not less than 

5 21,370 full-time equivalent agents protecting the borders of 

6 the United States in the fiscal year. 

7 AUTOMATION MODERNIZATION

8 For necessary expenses for U.S. Customs and Border 

9 Protection for operation and improvement of automated 

10 systems, including salaries and expenses, $829,460,000; of 

11 which $465,732,000 shall remain available until September 

12 30, 2018; and of which not less than $151,184,000 shall be 

13 for the development of the Automated Commercial Environ14 ment. 

15 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

16 TECHNOLOGY

17 For necessary expenses for border security fencing, in18 frastructure, and technology, $447,461,000; of which 

19 $273,931,000 shall remain available until September 30, 

20 2017, for operations and maintenance; and of which 

21 $173,530,000 shall remain available until September 30, 

22 2018, for development and deployment. 

23 AIR AND MARINE OPERATIONS

24 For necessary expenses for the operations, mainte25 nance, and procurement of marine vessels, aircraft, un-
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1 manned aerial systems, the Air and Marine Operations 

2 Center, and other related equipment of the air and marine 

3 program, including salaries and expenses, operational 

4 training, and mission-related travel, the operations of 

5 which include the following: the interdiction of narcotics 

6 and other goods; the provision of support to Federal, State, 

7 and local agencies in the enforcement or administration of 

8 laws enforced by the Department of Homeland Security; 

9 and, at the discretion of the Secretary of Homeland Secu10 rity, the provision of assistance to Federal, State, and local 

11 agencies in other law enforcement and emergency humani12 tarian efforts; $802,298,000; of which $300,429,000 shall be 

13 available for salaries and expenses; and of which 

14 $501,869,000 shall remain available until September 30, 

15 2018: Provided, That no aircraft or other related equip16 ment, with the exception of aircraft that are one of a kind 

17 and have been identified as excess to U.S. Customs and Bor18 der Protection requirements and aircraft that have been 

19 damaged beyond repair, shall be transferred to any other 

20 Federal agency, department, or office outside of the Depart21 ment of Homeland Security during fiscal year 2016 without 

22 prior notice to the Committees on Appropriations of the 

23 Senate and the House of Representatives: Provided further, 

24 That funding made available under this heading shall be 
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1 available for customs expenses when necessary to maintain 

2 or to temporarily increase operations in Puerto Rico. 

3 CONSTRUCTION AND FACILITIES MANAGEMENT

4 For necessary expenses to plan, acquire, construct, ren5 ovate, equip, furnish, operate, manage, and maintain build6 ings, facilities, and related infrastructure necessary for the 

7 administration and enforcement of the laws relating to cus8 toms, immigration, and border security, $340,128,000, to 

9 remain available until September 30, 2020. 

10 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

11 SALARIES AND EXPENSES

12 For necessary expenses for enforcement of immigration 

13 and customs laws, detention and removals, and investiga14 tions, including intellectual property rights and overseas 

15 vetted units operations; and purchase and lease of up to 

16 3,790 (2,350 for replacement only) police-type vehicles; 

17 $5,779,041,000; of which not to exceed $10,000,000 shall be 

18 available until expended for conducting special operations 

19 under section 3131 of the Customs Enforcement Act of 1986 

20 (19 U.S.C. 2081); of which not to exceed $11,475 shall be 

21 for official reception and representation expenses; of which 

22 not to exceed $2,000,000 shall be for awards of compensa23 tion to informants, to be accounted for solely under the cer24 tificate of the Secretary of Homeland Security; of which not 

25 less than $305,000 shall be for promotion of public aware-
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1 ness of the child pornography tipline and activities to 

2 counter child exploitation; of which not less than $5,400,000 

3 shall be used to facilitate agreements consistent with section 

4 287(g) of the Immigration and Nationality Act (8 U.S.C. 

5 1357(g)); of which not to exceed $45,000,000, to remain 

6 available until September 30, 2017, is for maintenance, 

7 construction, and leasehold improvements at owned and 

8 leased facilities; and of which not to exceed $11,216,000 

9 shall be available to fund or reimburse other Federal agen10 cies for the costs associated with the care, maintenance, and 

11 repatriation of smuggled aliens unlawfully present in the 

12 United States: Provided, That of the total amount made 

13 available under this heading, $100,000,000 shall be with14 held from obligation until the Director of U.S. Immigration 

15 and Customs Enforcement submits to the Committees on 

16 Appropriations of the Senate and the House of Representa17 tives a report detailing the number of full-time equivalent 

18 employees hired and lost through attrition for the period 

19 beginning on October 1, 2015, and ending on June 30, 

20 2016: Provided further, That of the total amount made 

21 available under this heading, $5,000,000 shall be withheld 

22 from obligation until the Director of U.S. Immigration and 

23 Customs Enforcement briefs the Committees on Appropria24 tions of the Senate and the House of Representatives on ef25 forts to increase the number of communities and law en-
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1 forcement agencies participating in the Priority Enforce2 ment Program, including details as to the jurisdictions and 

3 law enforcement agencies approached and the level of par4 ticipation on a by-community basis: Provided further, That 

5 none of the funds made available under this heading shall 

6 be available to compensate any employee for overtime in 

7 an annual amount in excess of $35,000, except that the Sec8 retary of Homeland Security, or the designee of the Sec9 retary, may waive that amount as necessary for national 

10 security purposes and in cases of immigration emergencies: 

11 Provided further, That of the total amount provided, 

12 $15,770,000 shall be for activities to enforce laws against 

13 forced child labor, of which not to exceed $6,000,000 shall 

14 remain available until expended: Provided further, That of 

15 the total amount available, not less than $1,600,000,000 

16 shall be available to identify aliens convicted of a crime 

17 who may be deportable, and to remove them from the United 

18 States once they are judged deportable: Provided further, 

19 That the Secretary of Homeland Security shall prioritize 

20 the identification and removal of aliens convicted of a crime 

21 by the severity of that crime: Provided further, That fund22 ing made available under this heading shall maintain a 

23 level of not less than 34,000 detention beds through Sep24 tember 30, 2016: Provided further, That of the total amount 

25 provided, not less than $3,217,942,000 is for enforcement, 
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1 detention, and removal operations, including transpor2 tation of unaccompanied minor aliens: Provided further, 

3 That of the amount provided for Custody Operations in the 

4 previous proviso, $45,000,000 shall remain available until 

5 September 30, 2020: Provided further, That of the total 

6 amount provided for the Visa Security Program and inter7 national investigations, $13,300,000 shall remain available 

8 until September 30, 2017: Provided further, That not less 

9 than $15,000,000 shall be available for investigation of in10 tellectual property rights violations, including operation of 

11 the National Intellectual Property Rights Coordination 

12 Center: Provided further, That none of the funds provided 

13 under this heading may be used to continue a delegation 

14 of law enforcement authority authorized under section 

15 287(g) of the Immigration and Nationality Act (8 U.S.C. 

16 1357(g)) if the Department of Homeland Security Inspector 

17 General determines that the terms of the agreement gov18 erning the delegation of authority have been materially vio19 lated: Provided further, That none of the funds provided 

20 under this heading may be used to continue any contract 

21 for the provision of detention services if the two most recent 

22 overall performance evaluations received by the contracted 

23 facility are less than ‘‘adequate’’ or the equivalent median 

24 score in any subsequent performance evaluation system: 

25 Provided further, That nothing under this heading shall 
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1 prevent U.S. Immigration and Customs Enforcement from 

2 exercising those authorities provided under the immigration 

3 laws (as defined in section 101(a)(17) of the Immigration 

4 and Nationality Act (8 U.S.C. 1101(a)(17))) during pri5 ority operations pertaining to aliens convicted of a crime: 

6 Provided further, That without regard to the limitation as 

7 to time and condition of section 503(d) of this Act, the Sec8 retary may propose to reprogram and transfer funds within 

9 and into this appropriation necessary to ensure the deten10 tion of aliens prioritized for removal. 

11 AUTOMATION MODERNIZATION

12 For expenses of immigration and customs enforcement 

13 automated systems, $53,000,000, to remain available until 

14 September 30, 2018. 

15 TRANSPORTATION SECURITY ADMINISTRATION

16 AVIATION SECURITY

17 For necessary expenses of the Transportation Security 

18 Administration related to providing civil aviation security 

19 services pursuant to the Aviation and Transportation Secu20 rity Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 

21 40101 note), $5,719,437,000, to remain available until Sep22 tember 30, 2017; of which not to exceed $7,650 shall be for 

23 official reception and representation expenses: Provided, 

24 That any award to deploy explosives detection systems shall 

25 be based on risk, the airport’s current reliance on other 
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1 screening solutions, lobby congestion resulting in increased 

2 security concerns, high injury rates, airport readiness, and 

3 increased cost effectiveness: Provided further, That security 

4 service fees authorized under section 44940 of title 49, 

5 United States Code, shall be credited to this appropriation 

6 as offsetting collections and shall be available only for avia7 tion security: Provided further, That the sum appropriated 

8 under this heading from the general fund shall be reduced 

9 on a dollar-for-dollar basis as such offsetting collections are 

10 received during fiscal year 2016 so as to result in a final 

11 fiscal year appropriation from the general fund estimated 

12 at not more than $3,589,437,000: Provided further, That 

13 the funds deposited pursuant to section 44945 of title 49, 

14 United States Code, that are currently unavailable for obli15 gation are hereby permanently cancelled: Provided further, 

16 That notwithstanding section 44923 of title 49, United 

17 States Code, for fiscal year 2016, any funds in the Aviation 

18 Security Capital Fund established by section 44923(h) of 

19 title 49, United States Code, may be used for the procure20 ment and installation of explosives detection systems or for 

21 the issuance of other transaction agreements for the purpose 

22 of funding projects described in section 44923(a) of such 

23 title: Provided further, That notwithstanding any other pro24 vision of law, for the current fiscal year and each fiscal 

25 year hereafter, mobile explosives detection systems pur-
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•HR 2029 EAH 

1 chased and deployed using funds made available under this 

2 heading may be moved and redeployed to meet evolving pas3 senger and baggage screening security priorities at airports: 

4 Provided further, That none of the funds made available 

5 in this Act may be used for any recruiting or hiring of 

6 personnel into the Transportation Security Administration 

7 that would cause the agency to exceed a staffing level of 

8 45,000 full-time equivalent screeners: Provided further, 

9 That the preceding proviso shall not apply to personnel 

10 hired as part-time employees: Provided further, That not 

11 later than 90 days after the date of enactment of this Act, 

12 the Secretary of Homeland Security shall submit to the 

13 Committees on Appropriations of the Senate and the House 

14 of Representatives a detailed report on— 

15 (1) the Department of Homeland Security efforts 

16 and resources being devoted to develop more advanced 

17 integrated passenger screening technologies for the 

18 most effective security of passengers and baggage at 

19 the lowest possible operating and acquisition costs, in20 cluding projected funding levels for each fiscal year 

21 for the next 5 years or until project completion, 

22 whichever is earlier; 

23 (2) how the Transportation Security Adminis24 tration is deploying its existing passenger and bag-
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•HR 2029 EAH 

1 gage screener workforce in the most cost-effective man2 ner; and 

3 (3) labor savings from the deployment of im4 proved technologies for passenger and baggage screen5 ing, including high-speed baggage screening, and how 

6 those savings are being used to offset security costs or 

7 reinvested to address security vulnerabilities: 

8 Provided further, That Members of the United States House 

9 of Representatives and the United States Senate, including 

10 the leadership; the heads of Federal agencies and commis11 sions, including the Secretary, Deputy Secretary, Under 

12 Secretaries, and Assistant Secretaries of the Department of 

13 Homeland Security; the United States Attorney General, 

14 Deputy Attorney General, Assistant Attorneys General, and 

15 the United States Attorneys; and senior members of the Ex16 ecutive Office of the President, including the Director of the 

17 Office of Management and Budget, shall not be exempt from 

18 Federal passenger and baggage screening. 

19 SURFACE TRANSPORTATION SECURITY

20 For necessary expenses of the Transportation Security 

21 Administration related to surface transportation security 

22 activities, $110,798,000, to remain available until Sep23 tember 30, 2017. 
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•HR 2029 EAH 

1 INTELLIGENCE AND VETTING

2 For necessary expenses for the development and imple3 mentation of intelligence and vetting activities, 

4 $236,693,000, to remain available until September 30, 

5 2017. 

6 TRANSPORTATION SECURITY SUPPORT

7 For necessary expenses of the Transportation Security 

8 Administration related to transportation security support 

9 pursuant to the Aviation and Transportation Security Act 

10 (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note), 

11 $924,015,000, to remain available until September 30, 

12 2017. 

13 COAST GUARD

14 OPERATING EXPENSES

15 For necessary expenses for the operations and mainte16 nance of the Coast Guard, not otherwise provided for; pur17 chase or lease of not to exceed 25 passenger motor vehicles, 

18 which shall be for replacement only; purchase or lease of 

19 small boats for contingent and emergent requirements (at 

20 a unit cost of no more than $700,000) and repairs and serv21 ice-life replacements, not to exceed a total of $31,000,000; 

22 purchase or lease of boats necessary for overseas deploy23 ments and activities; purchase or lease of other equipment 

24 (at a unit cost of no more than $250,000); minor shore con25 struction projects not exceeding $1,000,000 in total cost on 
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•HR 2029 EAH 

1 any location; payments pursuant to section 156 of Public 

2 Law 97–377 (42 U.S.C. 402 note; 96 Stat. 1920); and recre3 ation and welfare; $7,061,490,000, of which $500,002,000 

4 shall be for defense-related activities, of which $160,002,000 

5 is designated by the Congress for Overseas Contingency Op6 erations/Global War on Terrorism pursuant to section 

7 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985; of which $24,500,000 shall be 

9 derived from the Oil Spill Liability Trust Fund to carry 

10 out the purposes of section 1012(a)(5) of the Oil Pollution 

11 Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not to 

12 exceed $23,000 shall be for official reception and representa13 tion expenses: Provided, That none of the funds made avail14 able by this Act shall be for expenses incurred for rec15 reational vessels under section 12114 of title 46, United 

16 States Code, except to the extent fees are collected from own17 ers of yachts and credited to this appropriation: Provided 

18 further, That to the extent fees are insufficient to pay ex19 penses of recreational vessel documentation under such sec20 tion 12114, and there is a backlog of recreational vessel ap21 plications, then personnel performing non-recreational ves22 sel documentation functions under subchapter II of chapter 

23 121 of title 46, United States Code, may perform docu24 mentation under section 12114: Provided further, That of 

25 the funds provided under this heading, $85,000,000 shall 
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•HR 2029 EAH 

1 be withheld from obligation for Coast Guard Headquarters 

2 Directorates until a future-years capital investment plan 

3 for fiscal years 2017 through 2021, as specified under the 

4 heading ‘‘Coast Guard, Acquisition, Construction, and Im5 provements’’ of this Act, is submitted to the Committees on 

6 Appropriations of the Senate and the House of Representa7 tives: Provided further, That funds made available under 

8 this heading for Overseas Contingency Operations/Global 

9 War on Terrorism may be allocated by program, project, 

10 and activity, notwithstanding section 503 of this Act: Pro11 vided further, That without regard to the limitation as to 

12 time and condition of section 503(d) of this Act, after June 

13 30, up to $10,000,000 may be reprogrammed to or from 

14 Military Pay and Allowances in accordance with sub15 sections (a), (b), and (c) of section 503. 

16 ENVIRONMENTAL COMPLIANCE AND RESTORATION

17 For necessary expenses to carry out the environmental 

18 compliance and restoration functions of the Coast Guard 

19 under chapter 19 of title 14, United States Code, 

20 $13,221,000, to remain available until September 30, 2020. 

21 RESERVE TRAINING

22 For necessary expenses of the Coast Guard Reserve, as 

23 authorized by law; operations and maintenance of the Coast 

24 Guard reserve program; personnel and training costs; and 

25 equipment and services; $110,614,000. 
616 

•HR 2029 EAH 

1 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

2 For necessary expenses of acquisition, construction, 

3 renovation, and improvement of aids to navigation, shore 

4 facilities, vessels, and aircraft, including equipment related 

5 thereto; and maintenance, rehabilitation, lease, and oper6 ation of facilities and equipment; as authorized by law; 

7 $1,945,169,000; of which $20,000,000 shall be derived from 

8 the Oil Spill Liability Trust Fund to carry out the purposes 

9 of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 

10 U.S.C. 2712(a)(5)); and of which the following amounts 

11 shall be available until September 30, 2020 (except as subse12 quently specified): $21,000,000 for military family housing; 

13 $1,264,400,000 to acquire, effect major repairs to, renovate, 

14 or improve vessels, small boats, and related equipment; 

15 $295,000,000 to acquire, effect major repairs to, renovate, 

16 or improve aircraft or increase aviation capability; 

17 $65,100,000 for other acquisition programs; $181,600,000 

18 for shore facilities and aids to navigation, including facili19 ties at Department of Defense installations used by the 

20 Coast Guard; and $118,069,000, to remain available until 

21 September 30, 2016, for personnel compensation and bene22 fits and related costs: Provided, That of the funds provided 

23 by this Act, not less than $640,000,000 shall be immediately 

24 available and allotted to contract for the production of the 

25 ninth National Security Cutter notwithstanding the avail-
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1 ability of funds for post-production costs: Provided further, 

2 That the Commandant of the Coast Guard shall submit to 

3 the Congress, at the time the President’s budget proposal 

4 for fiscal year 2017 is submitted pursuant to section 

5 1105(a) of title 31, United States Code, a future-years cap6 ital investment plan as described in the second proviso 

7 under the heading ‘‘Coast Guard, Acquisition, Construction, 

8 and Improvements’’ in the Department of Homeland Secu9 rity Appropriations Act, 2015 (Public Law 114–4), which 

10 shall be subject to the requirements in the third and fourth 

11 provisos under such heading. 

12 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

13 For necessary expenses for applied scientific research, 

14 development, test, and evaluation; and for maintenance, re15 habilitation, lease, and operation of facilities and equip16 ment; as authorized by law; $18,019,000, to remain avail17 able until September 30, 2018, of which $500,000 shall be 

18 derived from the Oil Spill Liability Trust Fund to carry 

19 out the purposes of section 1012(a)(5) of the Oil Pollution 

20 Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there 

21 may be credited to and used for the purposes of this appro22 priation funds received from State and local governments, 

23 other public authorities, private sources, and foreign coun24 tries for expenses incurred for research, development, test25 ing, and evaluation. 
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•HR 2029 EAH 

1 RETIRED PAY

2 For retired pay, including the payment of obligations 

3 otherwise chargeable to lapsed appropriations for this pur4 pose, payments under the Retired Serviceman’s Family 

5 Protection and Survivor Benefits Plans, payment for career 

6 status bonuses, concurrent receipts, and combat-related spe7 cial compensation under the National Defense Authoriza8 tion Act, and payments for medical care of retired per9 sonnel and their dependents under chapter 55 of title 10, 

10 United States Code, $1,604,000,000, to remain available 

11 until expended. 

12 UNITED STATES SECRET SERVICE

13 SALARIES AND EXPENSES

14 For necessary expenses of the United States Secret 

15 Service, including purchase of not to exceed 652 vehicles 

16 for police-type use for replacement only; hire of passenger 

17 motor vehicles; purchase of motorcycles made in the United 

18 States; hire of aircraft; services of expert witnesses at such 

19 rates as may be determined by the Director of the United 

20 States Secret Service; rental of buildings in the District of 

21 Columbia, and fencing, lighting, guard booths, and other 

22 facilities on private or other property not in Government 

23 ownership or control, as may be necessary to perform pro24 tective functions; payment of per diem or subsistence allow25 ances to employees in cases in which a protective assign-
619 

•HR 2029 EAH 

1 ment on the actual day or days of the visit of a protectee 

2 requires an employee to work 16 hours per day or to remain 

3 overnight at a post of duty; conduct of and participation 

4 in firearms matches; presentation of awards; travel of 

5 United States Secret Service employees on protective mis6 sions without regard to the limitations on such expenditures 

7 in this or any other Act if approval is obtained in advance 

8 from the Committees on Appropriations of the Senate and 

9 the House of Representatives; research and development; 

10 grants to conduct behavioral research in support of protec11 tive research and operations; and payment in advance for 

12 commercial accommodations as may be necessary to per13 form protective functions; $1,854,526,000; of which not to 

14 exceed $19,125 shall be for official reception and representa15 tion expenses; of which not to exceed $100,000 shall be to 

16 provide technical assistance and equipment to foreign law 

17 enforcement organizations in counterfeit investigations; of 

18 which $2,366,000 shall be for forensic and related support 

19 of investigations of missing and exploited children; of which 

20 $6,000,000 shall be for a grant for activities related to in21 vestigations of missing and exploited children and shall re22 main available until September 30, 2017; and of which not 

23 less than $12,000,000 shall be for activities related to train24 ing in electronic crimes investigations and forensics: Pro25 vided, That $18,000,000 for protective travel shall remain 
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•HR 2029 EAH 

1 available until September 30, 2017: Provided further, That 

2 of the amounts made available under this heading for secu3 rity improvements at the White House complex, $8,200,000 

4 shall remain available until September 30, 2017: Provided 

5 further, That $4,500,000 for National Special Security 

6 Events shall remain available until expended: Provided fur7 ther, That the United States Secret Service is authorized 

8 to obligate funds in anticipation of reimbursements from 

9 Federal agencies and entities, as defined in section 105 of 

10 title 5, United States Code, for personnel receiving training 

11 sponsored by the James J. Rowley Training Center, except 

12 that total obligations at the end of the fiscal year shall not 

13 exceed total budgetary resources available under this head14 ing at the end of the fiscal year: Provided further, That 

15 none of the funds made available under this heading shall 

16 be available to compensate any employee for overtime in 

17 an annual amount in excess of $35,000, except that the Sec18 retary of Homeland Security, or the designee of the Sec19 retary, may waive that amount as necessary for national 

20 security purposes: Provided further, That none of the funds 

21 made available to the United States Secret Service by this 

22 Act or by previous appropriations Acts may be made avail23 able for the protection of the head of a Federal agency other 

24 than the Secretary of Homeland Security: Provided further, 

25 That the Director of the United States Secret Service may 
621 

•HR 2029 EAH 

1 enter into an agreement to provide such protection on a 

2 fully reimbursable basis: Provided further, That none of the 

3 funds made available to the United States Secret Service 

4 by this Act or by previous appropriations Acts may be obli5 gated for the purpose of opening a new permanent domestic 

6 or overseas office or location unless the Committees on Ap7 propriations of the Senate and the House of Representatives 

8 are notified 15 days in advance of such obligation: Provided 

9 further, That for purposes of section 503 of this Act, 

10 $15,000,000 or 10 percent, whichever is less, may be repro11 grammed between Protection of Persons and Facilities and 

12 Domestic Field Operations. 

13 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

14 RELATED EXPENSES

15 For necessary expenses for acquisition, construction, 

16 repair, alteration, and improvement of physical and techno17 logical infrastructure, $79,019,000, to remain available 

18 until September 30, 2018. 

19 TITLE III 

20 PROTECTION, PREPAREDNESS, RESPONSE, AND 

21 RECOVERY 

22 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

23 MANAGEMENT AND ADMINISTRATION

24 For the management and administration of the Na25 tional Protection and Programs Directorate, and support 
622 

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1 for operations and information technology, $62,132,000: 

2 Provided, That not to exceed $3,825 shall be for official re3 ception and representation expenses. 

4 INFRASTRUCTURE PROTECTION AND INFORMATION

5 SECURITY

6 For necessary expenses for infrastructure protection 

7 and information security programs and activities, as au8 thorized by title II of the Homeland Security Act of 2002 

9 (6 U.S.C. 121 et seq.), $1,291,000,000, of which 

10 $289,650,000 shall remain available until September 30, 

11 2017. 

12 FEDERAL PROTECTIVE SERVICE

13 The revenues and collections of security fees credited 

14 to this account shall be available until expended for nec15 essary expenses related to the protection of federally owned 

16 and leased buildings and for the operations of the Federal 

17 Protective Service: Provided, That the Director of the Fed18 eral Protective Service shall submit at the time the Presi19 dent’s budget proposal for fiscal year 2017 is submitted pur20 suant to section 1105(a) of title 31, United States Code, 

21 a strategic human capital plan that aligns fee collections 

22 to personnel requirements based on a current threat assess23 ment. 
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1 OFFICE OF BIOMETRIC IDENTITY MANAGEMENT

2 For necessary expenses for the Office of Biometric 

3 Identity Management, as authorized by section 7208 of the 

4 Intelligence Reform and Terrorism Prevention Act of 2004 

5 (8 U.S.C. 1365b), $282,473,000, of which $159,054,000 

6 shall remain available until September 30, 2018. 

7 OFFICE OF HEALTH AFFAIRS

8 For necessary expenses of the Office of Health Affairs, 

9 $125,369,000; of which $27,010,000 is for salaries and ex10 penses and $82,078,000 is for BioWatch operations: Pro11 vided, That of the amount made available under this head12 ing, $16,281,000 shall remain available until September 30, 

13 2017, for biosurveillance, chemical defense, medical and 

14 health planning and coordination, and workforce health 

15 protection. 

16 FEDERAL EMERGENCY MANAGEMENT AGENCY

17 SALARIES AND EXPENSES

18 For necessary expenses of the Federal Emergency Man19 agement Agency, $960,754,000, including activities author20 ized by the National Flood Insurance Act of 1968 (42 

21 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief 

22 and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 

23 Cerro Grande Fire Assistance Act of 2000 (division C, title 

24 I, 114 Stat. 583), the Earthquake Hazards Reduction Act 

25 of 1977 (42 U.S.C. 7701 et seq.), the Defense Production 
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•HR 2029 EAH 

1 Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 

2 303 of the National Security Act of 1947 (50 U.S.C. 404, 

3 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 

4 the National Dam Safety Program Act (33 U.S.C. 467 et 

5 seq.), the Homeland Security Act of 2002 (6 U.S.C. 101 

6 et seq.), the Implementing Recommendations of the 9/11 

7 Commission Act of 2007 (Public Law 110–53), the Federal 

8 Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 

9 et seq.), the Post-Katrina Emergency Management Reform 

10 Act of 2006 (Public Law 109–295; 120 Stat. 1394), the 

11 Biggert-Waters Flood Insurance Reform Act of 2012 (Public 

12 Law 112–141, 126 Stat. 916), and the Homeowner Flood 

13 Insurance Affordability Act of 2014 (Public Law 113–89): 

14 Provided, That not to exceed $2,250 shall be for official re15 ception and representation expenses: Provided further, That 

16 of the total amount made available under this heading, 

17 $35,180,000 shall be for the Urban Search and Rescue Re18 sponse System, of which none is available for Federal Emer19 gency Management Agency administrative costs: Provided 

20 further, That of the total amount made available under this 

21 heading, $27,500,000 shall remain available until Sep22 tember 30, 2017, for capital improvements and other ex23 penses related to continuity of operations at the Mount 

24 Weather Emergency Operations Center: Provided further, 
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•HR 2029 EAH 

1 That of the total amount made available, $3,422,000 shall 

2 be for the Office of National Capital Region Coordination. 

3 STATE AND LOCAL PROGRAMS

4 For grants, contracts, cooperative agreements, and 

5 other activities, $1,500,000,000, which shall be allocated as 

6 follows: 

7 (1) $467,000,000 shall be for the State Homeland 

8 Security Grant Program under section 2004 of the 

9 Homeland Security Act of 2002 (6 U.S.C. 605), of 

10 which $55,000,000 shall be for Operation 

11 Stonegarden: Provided, That notwithstanding sub12 section (c)(4) of such section 2004, for fiscal year 

13 2016, the Commonwealth of Puerto Rico shall make 

14 available to local and tribal governments amounts 

15 provided to the Commonwealth of Puerto Rico under 

16 this paragraph in accordance with subsection (c)(1) 

17 of such section 2004. 

18 (2) $600,000,000 shall be for the Urban Area Se19 curity Initiative under section 2003 of the Homeland 

20 Security Act of 2002 (6 U.S.C. 604), of which 

21 $20,000,000 shall be for organizations (as described 

22 under section 501(c)(3) of the Internal Revenue Code 

23 of 1986 and exempt from tax under section 501(a) of 

24 such code) determined by the Secretary of Homeland 

25 Security to be at high risk of a terrorist attack. 
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•HR 2029 EAH 

1 (3) $100,000,000 shall be for Public Transpor2 tation Security Assistance, Railroad Security Assist3 ance, and Over-the-Road Bus Security Assistance 

4 under sections 1406, 1513, and 1532 of the Imple5 menting Recommendations of the 9/11 Commission 

6 Act of 2007 (Public Law 110–53; 6 U.S.C. 1135, 

7 1163, and 1182), of which $10,000,000 shall be for 

8 Amtrak security and $3,000,000 shall be for Over-the9 Road Bus Security: Provided, That such public trans10 portation security assistance shall be provided di11 rectly to public transportation agencies. 

12 (4) $100,000,000 shall be for Port Security 

13 Grants in accordance with 46 U.S.C. 70107. 

14 (5) $233,000,000 shall be to sustain current op15 erations for training, exercises, technical assistance, 

16 and other programs, of which $162,991,000 shall be 

17 for training of State, local, and tribal emergency re18 sponse providers: 

19 Provided, That for grants under paragraphs (1) through 

20 (4), applications for grants shall be made available to eligi21 ble applicants not later than 60 days after the date of enact22 ment of this Act, that eligible applicants shall submit appli23 cations not later than 80 days after the grant announce24 ment, and the Administrator of the Federal Emergency 

25 Management Agency shall act within 65 days after the re-
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•HR 2029 EAH 

1 ceipt of an application: Provided further, That notwith2 standing section 2008(a)(11) of the Homeland Security Act 

3 of 2002 (6 U.S.C. 609(a)(11)) or any other provision of law, 

4 a grantee may not use more than 5 percent of the amount 

5 of a grant made available under this heading for expenses 

6 directly related to administration of the grant: Provided 

7 further, That for grants under paragraphs (1) and (2), the 

8 installation of communications towers is not considered 

9 construction of a building or other physical facility: Pro10 vided further, That grantees shall provide reports on their 

11 use of funds, as determined necessary by the Secretary of 

12 Homeland Security: Provided further, That notwith13 standing section 509 of this Act, the Administrator of the 

14 Federal Emergency Management Agency may use the funds 

15 provided in paragraph (5) to acquire real property for the 

16 purpose of establishing or appropriately extending the secu17 rity buffer zones around Federal Emergency Management 

18 Agency training facilities. 

19 FIREFIGHTER ASSISTANCE GRANTS

20 For grants for programs authorized by the Federal 

21 Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 

22 et seq.), $690,000,000, to remain available until September 

23 30, 2017, of which $345,000,000 shall be available to carry 

24 out section 33 of that Act (15 U.S.C. 2229) and 
628 

•HR 2029 EAH 

1 $345,000,000 shall be available to carry out section 34 of 

2 that Act (15 U.S.C. 2229a). 

3 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

4 For emergency management performance grants, as 

5 authorized by the National Flood Insurance Act of 1968 (42 

6 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief 

7 and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 

8 Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 

9 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 

10 U.S.C. App.), $350,000,000. 

11 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

12 The aggregate charges assessed during fiscal year 2016, 

13 as authorized in title III of the Departments of Veterans 

14 Affairs and Housing and Urban Development, and Inde15 pendent Agencies Appropriations Act, 1999 (42 U.S.C. 

16 5196e), shall not be less than 100 percent of the amounts 

17 anticipated by the Department of Homeland Security nec18 essary for its radiological emergency preparedness program 

19 for the next fiscal year: Provided, That the methodology for 

20 assessment and collection of fees shall be fair and equitable 

21 and shall reflect costs of providing such services, including 

22 administrative costs of collecting such fees: Provided fur23 ther, That fees received under this heading shall be deposited 

24 in this account as offsetting collections and will become 
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•HR 2029 EAH 

1 available for authorized purposes on October 1, 2016, and 

2 remain available until expended. 

3 UNITED STATES FIRE ADMINISTRATION

4 For necessary expenses of the United States Fire Ad5 ministration and for other purposes, as authorized by the 

6 Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 

7 2201 et seq.) and the Homeland Security Act of 2002 (6 

8 U.S.C. 101 et seq.), $44,000,000. 

9 DISASTER RELIEF FUND

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses in carrying out the Robert T. 

12 Stafford Disaster Relief and Emergency Assistance Act (42 

13 U.S.C. 5121 et seq.), $7,374,693,000 to remain available 

14 until expended, of which $24,000,000 shall be transferred 

15 to the Department of Homeland Security Office of Inspector 

16 General for audits and investigations related to disasters: 

17 Provided, That the reporting requirements in paragraphs 

18 (1) and (2) under the heading ‘‘Federal Emergency Man19 agement Agency, Disaster Relief Fund’’ in the Department 

20 of Homeland Security Appropriations Act, 2015 (Public 

21 Law 114–4) shall be applied in fiscal year 2016 with re22 spect to budget year 2017 and current fiscal year 2016, re23 spectively, by substituting ‘‘fiscal year 2017’’ for ‘‘fiscal 

24 year 2016’’ in paragraph (1): Provided further, That of the 

25 amount provided under this heading, $6,712,953,000 shall 
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•HR 2029 EAH 

1 be for major disasters declared pursuant to the Robert T. 

2 Stafford Disaster Relief and Emergency Assistance Act (42 

3 U.S.C. 5121 et seq.): Provided further, That the amount in 

4 the preceding proviso is designated by the Congress as being 

5 for disaster relief pursuant to section 251(b)(2)(D) of the 

6 Balanced Budget and Emergency Deficit Control Act of 

7 1985. 

8 FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM

9 For necessary expenses, including administrative costs, 

10 under section 1360 of the National Flood Insurance Act of 

11 1968 (42 U.S.C. 4101), and under sections 100215, 100216, 

12 100226, 100230, and 100246 of the Biggert-Waters Flood 

13 Insurance Reform Act of 2012, (Public Law 112–141, 126 

14 Stat. 916), $190,000,000, and such additional sums as may 

15 be provided by State and local governments or other polit16 ical subdivisions for cost-shared mapping activities under 

17 section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to re18 main available until expended. 

19 NATIONAL FLOOD INSURANCE FUND

20 For activities under the National Flood Insurance Act 

21 of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protec22 tion Act of 1973 (42 U.S.C. 4001 et seq.), the Biggert23 Waters Flood Insurance Reform Act of 2012 (Public Law 

24 112–141, 126 Stat. 916), and the Homeowner Flood Insur25 ance Affordability Act of 2014 (Public Law 113–89; 128 
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1 Stat. 1020), $181,198,000, which shall remain available 

2 until September 30, 2017, and shall be derived from offset3 ting amounts collected under section 1308(d) of the Na4 tional Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); 

5 of which $25,299,000 shall be available for salaries and ex6 penses associated with flood management and flood insur7 ance operations and $155,899,000 shall be available for 

8 flood plain management and flood mapping: Provided, 

9 That any additional fees collected pursuant to section 

10 1308(d) of the National Flood Insurance Act of 1968 (42 

11 U.S.C. 4015(d)) shall be credited as an offsetting collection 

12 to this account, to be available for flood plain management 

13 and flood mapping: Provided further, That in fiscal year 

14 2016, no funds shall be available from the National Flood 

15 Insurance Fund under section 1310 of the National Flood 

16 Insurance Act of 1968 (42 U.S.C. 4017) in excess of: 

17 (1) $133,252,000 for operating expenses; 

18 (2) $1,123,000,000 for commissions and taxes of 

19 agents; 

20 (3) such sums as are necessary for interest on 

21 Treasury borrowings; and 

22 (4) $175,000,000, which shall remain available 

23 until expended, for flood mitigation actions and for 

24 flood mitigation assistance under section 1366 of the 

25 National Flood Insurance Act of 1968 (42 U.S.C. 
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1 4104c), notwithstanding sections 1366(e) and 

2 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017): 

3 Provided further, That the amounts collected under section 

4 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 

5 4012a) and section 1366(e) of the National Flood Insurance 

6 Act of 1968 shall be deposited in the National Flood Insur7 ance Fund to supplement other amounts specified as avail8 able for section 1366 of the National Flood Insurance Act 

9 of 1968, notwithstanding section 102(f)(8), section 1366(e), 

10 and paragraphs (1) through (3) of section 1367(b) of such 

11 Act (42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)–(3)): 

12 Provided further, That total administrative costs shall not 

13 exceed 4 percent of the total appropriation: Provided fur14 ther, That up to $5,000,000 is available to carry out section 

15 24 of the Homeowner Flood Insurance Affordability Act of 

16 2014 (42 U.S.C. 4033). 

17 NATIONAL PREDISASTER MITIGATION FUND

18 For the predisaster mitigation grant program under 

19 section 203 of the Robert T. Stafford Disaster Relief and 

20 Emergency Assistance Act (42 U.S.C. 5133), $100,000,000, 

21 to remain available until expended. 

22 EMERGENCY FOOD AND SHELTER

23 To carry out the Emergency Food and Shelter pro24 gram pursuant to title III of the McKinney-Vento Homeless 

25 Assistance Act (42 U.S.C. 11331 et seq.), $120,000,000, to 
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1 remain available until expended: Provided, That total ad2 ministrative costs shall not exceed 3.5 percent of the total 

3 amount made available under this heading: Provided fur4 ther, That if the President’s budget proposal for fiscal year 

5 2017, submitted pursuant to section 1105(a) of title 31, 

6 United States Code, proposes to move the Emergency Food 

7 and Shelter program from the Federal Emergency Manage8 ment Agency to the Department of Housing and Urban De9 velopment, or to fund such program directly through the 

10 Department of Housing and Urban Development, a joint 

11 transition plan from the Federal Emergency Management 

12 Agency and the Department of Housing and Urban Devel13 opment shall be submitted to the Committees on Appropria14 tions of the Senate and the House of Representatives not 

15 later than 90 days after the date the fiscal year 2017 budget 

16 is submitted to Congress: Provided further, That such plan 

17 shall include details on the transition of programmatic re18 sponsibilities, efforts to consult with stakeholders, and mech19 anisms to ensure that the original purpose of the program 

20 will be retained. 
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1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TRAINING, AND 

3 SERVICES 

4 UNITED STATES CITIZENSHIP AND IMMIGRATION

5 SERVICES

6 For necessary expenses for citizenship and immigra7 tion services, $119,671,000 for the E-Verify Program, as de8 scribed in section 403(a) of the Illegal Immigration Reform 

9 and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 

10 note), to assist United States employers with maintaining 

11 a legal workforce: Provided, That notwithstanding any 

12 other provision of law, funds otherwise made available to 

13 United States Citizenship and Immigration Services may 

14 be used to acquire, operate, equip, and dispose of up to 5 

15 vehicles, for replacement only, for areas where the Adminis16 trator of General Services does not provide vehicles for lease: 

17 Provided further, That the Director of United States Citi18 zenship and Immigration Services may authorize employees 

19 who are assigned to those areas to use such vehicles to travel 

20 between the employees’ residences and places of employment. 

21 FEDERAL LAW ENFORCEMENT TRAINING CENTER

22 SALARIES AND EXPENSES

23 For necessary expenses of the Federal Law Enforce24 ment Training Center, including materials and support 

25 costs of Federal law enforcement basic training; the pur-
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1 chase of not to exceed 117 vehicles for police-type use and 

2 hire of passenger motor vehicles; expenses for student ath3 letic and related activities; the conduct of and participation 

4 in firearms matches and presentation of awards; public 

5 awareness and enhancement of community support of law 

6 enforcement training; room and board for student interns; 

7 a flat monthly reimbursement to employees authorized to 

8 use personal mobile phones for official duties; and services 

9 as authorized by section 3109 of title 5, United States Code; 

10 $217,485,000; of which up to $38,981,000 shall remain 

11 available until September 30, 2017, for materials and sup12 port costs of Federal law enforcement basic training; and 

13 of which not to exceed $7,180 shall be for official reception 

14 and representation expenses: Provided, That the Center is 

15 authorized to obligate funds in anticipation of reimburse16 ments from agencies receiving training sponsored by the 

17 Center, except that total obligations at the end of the fiscal 

18 year shall not exceed total budgetary resources available at 

19 the end of the fiscal year: Provided further, That section 

20 1202(a) of Public Law 107–206 (42 U.S.C. 3771 note), as 

21 amended under this heading in Public Law 114–4, is fur22 ther amended by striking ‘‘December 31, 2017’’ and insert23 ing ‘‘December 31, 2018’’: Provided further, That the Direc24 tor of the Federal Law Enforcement Training Center shall 

25 schedule basic or advanced law enforcement training, or 
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1 both, at all four training facilities under the control of the 

2 Federal Law Enforcement Training Center to ensure that 

3 such training facilities are operated at the highest capacity 

4 throughout the fiscal year: Provided further, That the Fed5 eral Law Enforcement Training Accreditation Board, in6 cluding representatives from the Federal law enforcement 

7 community and non-Federal accreditation experts involved 

8 in law enforcement training, shall lead the Federal law en9 forcement training accreditation process to continue the im10 plementation of measuring and assessing the quality and 

11 effectiveness of Federal law enforcement training programs, 

12 facilities, and instructors. 

13 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

14 RELATED EXPENSES

15 For acquisition of necessary additional real property 

16 and facilities, construction, and ongoing maintenance, fa17 cility improvements, and related expenses of the Federal 

18 Law Enforcement Training Center, $27,553,000, to remain 

19 available until September 30, 2020: Provided, That the Cen20 ter is authorized to accept reimbursement to this appropria21 tion from government agencies requesting the construction 

22 of special use facilities. 
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1 SCIENCE AND TECHNOLOGY

2 MANAGEMENT AND ADMINISTRATION

3 For salaries and expenses of the Office of the Under 

4 Secretary for Science and Technology and for management 

5 and administration of programs and activities, as author6 ized by title III of the Homeland Security Act of 2002 (6 

7 U.S.C. 181 et seq.), $131,531,000: Provided, That not to 

8 exceed $7,650 shall be for official reception and representa9 tion expenses. 

10 RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

11 For necessary expenses for science and technology re12 search, including advanced research projects, development, 

13 test and evaluation, acquisition, and operations as author14 ized by title III of the Homeland Security Act of 2002 (6 

15 U.S.C. 181 et seq.), and the purchase or lease of not to ex16 ceed 5 vehicles, $655,407,000, to remain available until 

17 September 30, 2018. 

18 DOMESTIC NUCLEAR DETECTION OFFICE

19 MANAGEMENT AND ADMINISTRATION

20 For salaries and expenses of the Domestic Nuclear De21 tection Office, as authorized by title XIX of the Homeland 

22 Security Act of 2002 (6 U.S.C. 591 et seq.), for management 

23 and administration of programs and activities, 

24 $38,109,000: Provided, That not to exceed $2,250 shall be 

25 for official reception and representation expenses. 
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1 RESEARCH, DEVELOPMENT, AND OPERATIONS

2 For necessary expenses for radiological and nuclear re3 search, development, testing, evaluation, and operations, 

4 $196,000,000, to remain available until September 30, 

5 2018. 

6 SYSTEMS ACQUISITION

7 For necessary expenses for the Domestic Nuclear Detec8 tion Office acquisition and deployment of radiological de9 tection systems in accordance with the global nuclear detec10 tion architecture, $113,011,000, to remain available until 

11 September 30, 2018. 

12 TITLE V 

13 GENERAL PROVISIONS 

14 (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

15 SEC. 501. No part of any appropriation contained in 

16 this Act shall remain available for obligation beyond the 

17 current fiscal year unless expressly so provided herein. 

18 SEC. 502. Subject to the requirements of section 503 

19 of this Act, the unexpended balances of prior appropriations 

20 provided for activities in this Act may be transferred to 

21 appropriation accounts for such activities established pur22 suant to this Act, may be merged with funds in the applica23 ble established accounts, and thereafter may be accounted 

24 for as one fund for the same time period as originally en25 acted. 
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1 SEC. 503. (a) None of the funds provided by this Act, 

2 provided by previous appropriations Acts to the agencies 

3 in or transferred to the Department of Homeland Security 

4 that remain available for obligation or expenditure in fiscal 

5 year 2016, or provided from any accounts in the Treasury 

6 of the United States derived by the collection of fees avail7 able to the agencies funded by this Act, shall be available 

8 for obligation or expenditure through a reprogramming of 

9 funds that— 

10 (1) creates a new program, project, or activity; 

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

12 (3) increases funds for any program, project, or 

13 activity for which funds have been denied or restricted 

14 by the Congress; 

15 (4) contracts out any function or activity pres16 ently performed by Federal employees or any new 

17 function or activity proposed to be performed by Fed18 eral employees in the President’s budget proposal for 

19 fiscal year 2016 for the Department of Homeland Se20 curity; 

21 (5) augments existing programs, projects, or ac22 tivities in excess of $5,000,000 or 10 percent, which23 ever is less; 

24 (6) reduces any program, project, or activity, or 

25 numbers of personnel by 10 percent; or 
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1 (7) results from any general savings from a re2 duction in personnel that would result in a change in 

3 existing programs, projects, or activities as approved 

4 by the Congress, unless the Committees on Appropria5 tions of the Senate and the House of Representatives 

6 are notified 15 days in advance of such reprogram7 ming of funds. 

8 (b) Not to exceed 5 percent of any appropriation made 

9 available for the current fiscal year for the Department of 

10 Homeland Security by this Act or provided by previous ap11 propriations Acts may be transferred between such appro12 priations. 

13 (c) Any transfer under this section shall be treated as 

14 a reprogramming of funds under subsection (a) and shall 

15 not be available for obligation unless the Committees on Ap16 propriations of the Senate and the House of Representatives 

17 are notified 15 days in advance of such transfer. 

18 (d) Notwithstanding subsections (a), (b), and (c), no 

19 funds shall be reprogrammed within or transferred between 

20 appropriations based upon an initial notification provided 

21 after June 30, except in extraordinary circumstances that 

22 imminently threaten the safety of human life or the protec23 tion of property. 

24 (e) The notification thresholds and procedures set forth 

25 in this section shall apply to any use of deobligated balances 
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1 of funds provided in previous Department of Homeland Se2 curity Appropriations Acts. 

3 SEC. 504. The Department of Homeland Security 

4 Working Capital Fund, established pursuant to section 403 

5 of Public Law 103–356 (31 U.S.C. 501 note), shall continue 

6 operations as a permanent working capital fund for fiscal 

7 year 2016: Provided, That none of the funds appropriated 

8 or otherwise made available to the Department of Home9 land Security may be used to make payments to the Work10 ing Capital Fund, except for the activities and amounts al11 lowed in the President’s fiscal year 2016 budget: Provided 

12 further, That funds provided to the Working Capital Fund 

13 shall be available for obligation until expended to carry out 

14 the purposes of the Working Capital Fund: Provided fur15 ther, That all Departmental components shall be charged 

16 only for direct usage of each Working Capital Fund service: 

17 Provided further, That funds provided to the Working Cap18 ital Fund shall be used only for purposes consistent with 

19 the contributing component: Provided further, That the 

20 Working Capital Fund shall be paid in advance or reim21 bursed at rates which will return the full cost of each serv22 ice: Provided further, That the Committees on Appropria23 tions of the Senate and the House of Representatives shall 

24 be notified of any activity added to or removed from the 

25 fund: Provided further, That for any activity added to the 
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1 fund, the notification shall identify sources of funds by pro2 gram, project, and activity: Provided further, That the 

3 Chief Financial Officer of the Department of Homeland Se4 curity shall submit a quarterly execution report with activ5 ity level detail, not later than 30 days after the end of each 

6 quarter. 

7 SEC. 505. Except as otherwise specifically provided by 

8 law, not to exceed 50 percent of unobligated balances re9 maining available at the end of fiscal year 2016, as re10 corded in the financial records at the time of a reprogram11 ming request, but not later than June 30, 2017, from appro12 priations for salaries and expenses for fiscal year 2016 in 

13 this Act shall remain available through September 30, 2017, 

14 in the account and for the purposes for which the appro15 priations were provided: Provided, That prior to the obliga16 tion of such funds, a request shall be submitted to the Com17 mittees on Appropriations of the Senate and the House of 

18 Representatives for approval in accordance with section 503 

19 of this Act. 

20 SEC. 506. Funds made available by this Act for intel21 ligence activities are deemed to be specifically authorized 

22 by the Congress for purposes of section 504 of the National 

23 Security Act of 1947 (50 U.S.C. 414) during fiscal year 

24 2016 until the enactment of an Act authorizing intelligence 

25 activities for fiscal year 2016. 
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1 SEC. 507. (a) Except as provided in subsections (b) 

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

3 be used to— 

4 (1) make or award a grant allocation, grant, 

5 contract, other transaction agreement, or task or de6 livery order on a Department of Homeland Security 

7 multiple award contract, or to issue a letter of intent 

8 totaling in excess of $1,000,000; 

9 (2) award a task or delivery order requiring an 

10 obligation of funds in an amount greater than 

11 $10,000,000 from multi-year Department of Home12 land Security funds; 

13 (3) make a sole-source grant award; or 

14 (4) announce publicly the intention to make or 

15 award items under paragraph (1), (2), or (3) includ16 ing a contract covered by the Federal Acquisition 

17 Regulation. 

18 (b) The Secretary of Homeland Security may waive 

19 the prohibition under subsection (a) if the Secretary notifies 

20 the Committees on Appropriations of the Senate and the 

21 House of Representatives at least 3 full business days in 

22 advance of making an award or issuing a letter as described 

23 in that subsection. 

24 (c) If the Secretary of Homeland Security determines 

25 that compliance with this section would pose a substantial 
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1 risk to human life, health, or safety, an award may be made 

2 without notification, and the Secretary shall notify the 

3 Committees on Appropriations of the Senate and the House 

4 of Representatives not later than 5 full business days after 

5 such an award is made or letter issued. 

6 (d) A notification under this section— 

7 (1) may not involve funds that are not available 

8 for obligation; and 

9 (2) shall include the amount of the award; the 

10 fiscal year for which the funds for the award were ap11 propriated; the type of contract; and the account from 

12 which the funds are being drawn. 

13 (e) The Administrator of the Federal Emergency Man14 agement Agency shall brief the Committees on Appropria15 tions of the Senate and the House of Representatives 5 full 

16 business days in advance of announcing publicly the inten17 tion of making an award under ‘‘State and Local Pro18 grams’’. 

19 SEC. 508. Notwithstanding any other provision of law, 

20 no agency shall purchase, construct, or lease any additional 

21 facilities, except within or contiguous to existing locations, 

22 to be used for the purpose of conducting Federal law enforce23 ment training without advance notification to the Commit24 tees on Appropriations of the Senate and the House of Rep25 resentatives, except that the Federal Law Enforcement 
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1 Training Center is authorized to obtain the temporary use 

2 of additional facilities by lease, contract, or other agreement 

3 for training that cannot be accommodated in existing Cen4 ter facilities. 

5 SEC. 509. None of the funds appropriated or otherwise 

6 made available by this Act may be used for expenses for 

7 any construction, repair, alteration, or acquisition project 

8 for which a prospectus otherwise required under chapter 33 

9 of title 40, United States Code, has not been approved, ex10 cept that necessary funds may be expended for each project 

11 for required expenses for the development of a proposed pro12 spectus. 

13 SEC. 510. (a) Sections 520, 522, and 530 of the De14 partment of Homeland Security Appropriations Act, 2008 

15 (division E of Public Law 110–161; 121 Stat. 2073 and 

16 2074) shall apply with respect to funds made available in 

17 this Act in the same manner as such sections applied to 

18 funds made available in that Act. 

19 (b) The third proviso of section 537 of the Department 

20 of Homeland Security Appropriations Act, 2006 (6 U.S.C. 

21 114), shall hereafter not apply with respect to funds made 

22 available in this or any other Act. 

23 (c) Section 525 of Public Law 109–90 is amended by 

24 striking ‘‘thereafter’’, and section 554 of Public Law 111– 
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1 83 is amended by striking ‘‘and shall report annually there2 after’’. 

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 chap7 ter 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 (8 

11 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 Committees 

15 on Appropriations of the Senate and the House of Rep16 resentatives a monthly budget and staffing report for that 

17 month that includes total obligations of the Department for 

18 that month for the fiscal year at the appropriation and pro19 gram, project, and activity levels, by the source year of the 

20 appropriation: Provided, That total obligations for staffing 

21 shall also be provided by subcategory of on-board and fund22 ed full-time equivalent staffing levels, respectively: Provided 

23 further, That the report shall specify the number of, and 

24 total obligations for, contract employees for each office of 

25 the Department. 
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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 recovered 

6 or deobligated shall be available only for the procurement 

7 or installation of explosives detection systems, air cargo, 

8 baggage, and checkpoint screening systems, subject to notifi9 cation: Provided, That semiannual reports shall be sub10 mitted to the Committees on Appropriations of the Senate 

11 and the House of Representatives on any funds that are 

12 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 Of15 fice of Management and Budget Circular A–76 for services 

16 provided by employees (including employees serving on a 

17 temporary or term basis) of United States Citizenship and 

18 Immigration Services of the Department of Homeland Se19 curity who are known as Immigration Information Offi20 cers, Immigration Service Analysts, Contact Representa21 tives, Investigative Assistants, or Immigration Services Of22 ficers. 

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 110–123 
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1 foot patrol boat conversion that are recovered, collected, or 

2 otherwise received as the result of negotiation, mediation, 

3 or litigation, shall be available until expended for the Fast 

4 Response Cutter program. 

5 SEC. 517. The functions of the Federal Law Enforce6 ment Training Center instructor staff shall be classified as 

7 inherently governmental for the purpose of the Federal Ac8 tivities Inventory Reform Act of 1998 (31 U.S.C. 501 note). 

9 SEC. 518. (a) The Secretary of Homeland Security 

10 shall submit a report not later than October 15, 2016, to 

11 the Inspector General of the Department of Homeland Secu12 rity listing all grants and contracts awarded by any means 

13 other than full and open competition during fiscal year 

14 2016. 

15 (b) The Inspector General shall review the report re16 quired by subsection (a) to assess Departmental compliance 

17 with applicable laws and regulations and report the results 

18 of that review to the Committees on Appropriations of the 

19 Senate and the House of Representatives not later than Feb20 ruary 15, 2017. 

21 SEC. 519. None of the funds provided by this or pre22 vious appropriations Acts shall be used to fund any posi23 tion designated as a Principal Federal Official (or the suc24 cessor thereto) for any Robert T. Stafford Disaster Relief 
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1 and Emergency Assistance Act (42 U.S.C. 5121 et seq.) de2 clared disasters or emergencies unless— 

3 (1) the responsibilities of the Principal Federal 

4 Official do not include operational functions related 

5 to incident management, including coordination of 

6 operations, and are consistent with the requirements 

7 of section 509(c) and sections 503(c)(3) and 

8 503(c)(4)(A) of the Homeland Security Act of 2002 (6 

9 U.S.C. 319(c), 313(c)(3), and 313(c)(4)(A)) and sec10 tion 302 of the Robert T. Stafford Disaster Relief and 

11 Assistance Act (42 U.S.C. 5143); 

12 (2) not later than 10 business days after the lat13 ter of the date on which the Secretary of Homeland 

14 Security appoints the Principal Federal Official and 

15 the date on which the President issues a declaration 

16 under section 401 or section 501 of the Robert T. 

17 Stafford Disaster Relief and Emergency Assistance 

18 Act (42 U.S.C. 5170 and 5191, respectively), the Sec19 retary of Homeland Security shall submit a notifica20 tion of the appointment of the Principal Federal Offi21 cial and a description of the responsibilities of such 

22 Official and how such responsibilities are consistent 

23 with paragraph (1) to the Committees on Appropria24 tions of the Senate and the House of Representatives, 

25 the Committee on Homeland Security and Govern-
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1 mental Affairs of the Senate, and the Committee on 

2 Transportation and Infrastructure of the House of 

3 Representatives; and 

4 (3) not later than 60 days after the date of en5 actment of this Act, the Secretary shall provide a re6 port specifying timeframes and milestones regarding 

7 the update of operations, planning and policy docu8 ments, and training and exercise protocols, to ensure 

9 consistency with paragraph (1) of this section. 

10 SEC. 520. None of the funds provided or otherwise 

11 made available in this Act shall be available to carry out 

12 section 872 of the Homeland Security Act of 2002 (6 U.S.C. 

13 452) unless explicitly authorized by Congress. 

14 SEC. 521. (a) None of the funds appropriated by this 

15 or previous appropriations Acts may be used to establish 

16 an Office of Chemical, Biological, Radiological, Nuclear, 

17 and Explosives Defense until such time as Congress has au18 thorized such establishment. 

19 (b) Subject to the limitation in subsection (a) and not20 withstanding section 503 of this Act, the Secretary may 

21 transfer funds for the purpose of executing authorization 

22 of the Office of Chemical, Biological, Radiological, Nuclear, 

23 and Explosives Defense. 

24 (c) Not later than 15 days before transferring funds 

25 pursuant to subsection (b), the Secretary of Homeland Se-
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1 curity shall submit a report to the Committees on Appro2 priations of the Senate and the House of Representatives, 

3 the Committee on Homeland Security and Governmental 

4 Affairs of the Senate, and the Committee on Homeland Se5 curity of the House of Representatives on— 

6 (1) the transition plan for the establishment of 

7 the office; and 

8 (2) the funds and positions to be transferred by 

9 source. 

10 SEC. 522. None of the funds made available in this 

11 Act may be used by United States Citizenship and Immi12 gration Services to grant an immigration benefit unless the 

13 results of background checks required by law to be completed 

14 prior to the granting of the benefit have been received by 

15 United States Citizenship and Immigration Services, and 

16 the results do not preclude the granting of the benefit. 

17 SEC. 523. Section 831 of the Homeland Security Act 

18 of 2002 (6 U.S.C. 391) is amended— 

19 (1) in subsection (a), by striking ‘‘Until Sep20 tember 30, 2015,’’ and inserting ‘‘Until September 30, 

21 2016,’’; and 

22 (2) in subsection (c)(1), by striking ‘‘September 

23 30, 2015,’’ and inserting ‘‘September 30, 2016,’’. 

24 SEC. 524. The Secretary of Homeland Security shall 

25 require that all contracts of the Department of Homeland 
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1 Security that provide award fees link such fees to successful 

2 acquisition outcomes (which outcomes shall be specified in 

3 terms of cost, schedule, and performance). 

4 SEC. 525. Notwithstanding any other provision of law, 

5 none of the funds provided in this or any other Act shall 

6 be used to approve a waiver of the navigation and vessel7 inspection laws pursuant to 46 U.S.C. 501(b) for the trans8 portation of crude oil distributed from and to the Strategic 

9 Petroleum Reserve until the Secretary of Homeland Secu10 rity, after consultation with the Secretaries of the Depart11 ments of Energy and Transportation and representatives 

12 from the United States flag maritime industry, takes ade13 quate measures to ensure the use of United States flag ves14 sels: Provided, That the Secretary shall notify the Commit15 tees on Appropriations of the Senate and the House of Rep16 resentatives, the Committee on Commerce, Science, and 

17 Transportation of the Senate, and the Committee on Trans18 portation and Infrastructure of the House of Representa19 tives within 2 business days of any request for waivers of 

20 navigation and vessel-inspection laws pursuant to 46 

21 U.S.C. 501(b). 

22 SEC. 526. None of the funds made available in this 

23 Act for U.S. Customs and Border Protection may be used 

24 to prevent an individual not in the business of importing 

25 a prescription drug (within the meaning of section 801(g) 
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1 of the Federal Food, Drug, and Cosmetic Act) from import2 ing a prescription drug from Canada that complies with 

3 the Federal Food, Drug, and Cosmetic Act: Provided, That 

4 this section shall apply only to individuals transporting on 

5 their person a personal-use quantity of the prescription 

6 drug, not to exceed a 90-day supply: Provided further, That 

7 the prescription drug may not be— 

8 (1) a controlled substance, as defined in section 

9 102 of the Controlled Substances Act (21 U.S.C. 802); 

10 or 

11 (2) a biological product, as defined in section 

12 351 of the Public Health Service Act (42 U.S.C. 262). 

13 SEC. 527. None of the funds in this Act shall be used 

14 to reduce the Coast Guard’s Operations Systems Center 

15 mission or its government-employed or contract staff levels. 

16 SEC. 528. The Secretary of Homeland Security, in 

17 consultation with the Secretary of the Treasury, shall notify 

18 the Committees on Appropriations of the Senate and the 

19 House of Representatives of any proposed transfers of funds 

20 available under section 9703.1(g)(4)(B) of title 31, United 

21 States Code (as added by Public Law 102–393) from the 

22 Department of the Treasury Forfeiture Fund to any agency 

23 within the Department of Homeland Security: Provided, 

24 That none of the funds identified for such a transfer may 

25 be obligated until the Committees on Appropriations of the 
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1 Senate and the House of Representatives approve the pro2 posed transfers. 

3 SEC. 529. None of the funds made available in this 

4 Act may be used for planning, testing, piloting, or devel5 oping a national identification card. 

6 SEC. 530. None of the funds appropriated by this Act 

7 may be used to conduct, or to implement the results of, a 

8 competition under Office of Management and Budget Cir9 cular A–76 for activities performed with respect to the Coast 

10 Guard National Vessel Documentation Center. 

11 SEC. 531. Any official that is required by this Act to 

12 report or to certify to the Committees on Appropriations 

13 of the Senate and the House of Representatives may not 

14 delegate such authority to perform that act unless specifi15 cally authorized herein. 

16 SEC. 532. None of the funds appropriated or otherwise 

17 made available in this or any other Act may be used to 

18 transfer, release, or assist in the transfer or release to or 

19 within the United States, its territories, or possessions 

20 Khalid Sheikh Mohammed or any other detainee who— 

21 (1) is not a United States citizen or a member 

22 of the Armed Forces of the United States; and 

23 (2) is or was held on or after June 24, 2009, at 

24 the United States Naval Station, Guantanamo Bay, 

25 Cuba, by the Department of Defense. 
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1 SEC. 533. None of the funds made available in this 

2 Act may be used for first-class travel by the employees of 

3 agencies funded by this Act in contravention of sections 

4 301–10.122 through 301–10.124 of title 41, Code of Federal 

5 Regulations. 

6 SEC. 534. None of the funds made available in this 

7 Act may be used to employ workers described in section 

8 274A(h)(3) of the Immigration and Nationality Act (8 

9 U.S.C. 1324a(h)(3)). 

10 SEC. 535. Funds made available in this Act may be 

11 used to alter operations within the Civil Engineering Pro12 gram of the Coast Guard nationwide, including civil engi13 neering units, facilities design and construction centers, 

14 maintenance and logistics commands, and the Coast Guard 

15 Academy, except that none of the funds provided in this 

16 Act may be used to reduce operations within any civil engi17 neering unit unless specifically authorized by a statute en18 acted after the date of enactment of this Act. 

19 SEC. 536. Notwithstanding any other provision of this 

20 Act, none of the funds appropriated or otherwise made 

21 available by this Act may be used to pay award or incentive 

22 fees for contractor performance that has been judged to be 

23 below satisfactory performance or performance that does not 

24 meet the basic requirements of a contract. 
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1 SEC. 537. In developing any process to screen aviation 

2 passengers and crews for transportation or national secu3 rity purposes, the Secretary of Homeland Security shall en4 sure that all such processes take into consideration such 

5 passengers’ and crews’ privacy and civil liberties consistent 

6 with applicable laws, regulations, and guidance. 

7 SEC. 538. (a) Notwithstanding section 1356(n) of title 

8 8, United States Code, of the funds deposited into the Immi9 gration Examinations Fee Account, up to $10,000,000 may 

10 be allocated by United States Citizenship and Immigration 

11 Services in fiscal year 2016 for the purpose of providing 

12 an immigrant integration grants program. 

13 (b) None of the funds made available to United States 

14 Citizenship and Immigration Services for grants for immi15 grant integration may be used to provide services to aliens 

16 who have not been lawfully admitted for permanent resi17 dence. 

18 SEC. 539. For an additional amount for the ‘‘Office 

19 of the Under Secretary for Management’’, $215,679,000, to 

20 remain available until expended, for necessary expenses to 

21 plan, acquire, design, construct, renovate, remediate, equip, 

22 furnish, improve infrastructure, and occupy buildings and 

23 facilities for the Department headquarters consolidation 

24 project and associated mission support consolidation: Pro25 vided, That the Committees on Appropriations of the Senate 
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1 and the House of Representatives shall receive an expendi2 ture plan not later than 90 days after the date of enactment 

3 of this Act detailing the allocation of these funds. 

4 SEC. 540. None of the funds appropriated or otherwise 

5 made available by this Act may be used by the Department 

6 of Homeland Security to enter into any Federal contract 

7 unless such contract is entered into in accordance with the 

8 requirements of subtitle I of title 41, United States Code, 

9 or chapter 137 of title 10, United States Code, and the Fed10 eral Acquisition Regulation, unless such contract is other11 wise authorized by statute to be entered into without regard 

12 to the above referenced statutes. 

13 SEC. 541. (a) For an additional amount for financial 

14 systems modernization, $52,977,000 to remain available 

15 until September 30, 2017. 

16 (b) Funds made available in subsection (a) for finan17 cial systems modernization may be transferred by the Sec18 retary of Homeland Security between appropriations for 

19 the same purpose, notwithstanding section 503 of this Act. 

20 (c) No transfer described in subsection (b) shall occur 

21 until 15 days after the Committees on Appropriations of 

22 the Senate and the House of Representatives are notified 

23 of such transfer. 

24 SEC. 542. (a) For an additional amount for cybersecu25 rity to safeguard and enhance Department of Homeland Se-
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1 curity systems and capabilities, $100,000,000 to remain 

2 available until September 30, 2017. 

3 (b) Funds made available in subsection (a) for cyberse4 curity may be transferred by the Secretary of Homeland 

5 Security between appropriations for the same purpose, not6 withstanding section 503 of this Act. 

7 (c) No transfer described in subsection (b) shall occur 

8 until 15 days after the Committees on Appropriations of 

9 the Senate and the House of Representatives are notified 

10 of such transfer. 

11 SEC. 543. (a) For an additional amount for emergent 

12 threats from violent extremism and from complex, coordi13 nated terrorist attacks, $50,000,000 to remain available 

14 until September 30, 2017. 

15 (b) Funds made available in subsection (a) for emer16 gent threats may be transferred by the Secretary of Home17 land Security between appropriations for the same purpose, 

18 notwithstanding section 503 of this Act. 

19 (c) No transfer described in subsection (b) shall occur 

20 until 15 days after the Committees on Appropriations of 

21 the Senate and the House of Representatives are notified 

22 of such transfer. 

23 SEC. 544. The Secretary of Homeland Security may 

24 transfer to the fund established by 8 U.S.C. 1101 note, up 

25 to $20,000,000 from appropriations available to the De-
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1 partment of Homeland Security: Provided, That the Sec2 retary shall notify the Committees on Appropriations of the 

3 Senate and the House of Representatives 5 days in advance 

4 of such transfer. 

5 SEC. 545. The Secretary of Homeland Security shall 

6 ensure enforcement of all immigration laws (as defined in 

7 section 101(a)(17) of the Immigration and Nationality Act 

8 (8 U.S.C. 1101(a)(17))). 

9 SEC. 546. (a) None of the funds made available in this 

10 Act may be used to maintain or establish a computer net11 work unless such network blocks the viewing, downloading, 

12 and exchanging of pornography. 

13 (b) Nothing in subsection (a) shall limit the use of 

14 funds necessary for any Federal, State, tribal, or local law 

15 enforcement agency or any other entity carrying out crimi16 nal investigations, prosecution, or adjudication activities. 

17 SEC. 547. None of the funds made available in this 

18 Act may be used by a Federal law enforcement officer to 

19 facilitate the transfer of an operable firearm to an indi20 vidual if the Federal law enforcement officer knows or sus21 pects that the individual is an agent of a drug cartel unless 

22 law enforcement personnel of the United States continu23 ously monitor or control the firearm at all times. 

24 SEC. 548. None of the funds provided in this or any 

25 other Act may be obligated to implement the National Pre-
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1 paredness Grant Program or any other successor grant pro2 grams unless explicitly authorized by Congress. 

3 SEC. 549. None of the funds made available in this 

4 Act may be used to provide funding for the position of Pub5 lic Advocate, or a successor position, within U.S. Immigra6 tion and Customs Enforcement. 

7 SEC. 550. Section 559(e)(3)(D) of Public Law 113– 

8 76 is amended by striking ‘‘five pilots per year’’ and insert9 ing ‘‘10 pilots per year’’. 

10 SEC. 551. None of the funds made available in this 

11 Act may be used to pay for the travel to or attendance of 

12 more than 50 employees of a single component of the De13 partment of Homeland Security, who are stationed in the 

14 United States, at a single international conference unless 

15 the Secretary of Homeland Security, or a designee, deter16 mines that such attendance is in the national interest and 

17 notifies the Committees on Appropriations of the Senate 

18 and the House of Representatives within at least 10 days 

19 of that determination and the basis for that determination: 

20 Provided, That for purposes of this section the term ‘‘inter21 national conference’’ shall mean a conference occurring out22 side of the United States attended by representatives of the 

23 United States Government and of foreign governments, 

24 international organizations, or nongovernmental organiza25 tions: Provided further, That the total cost to the Depart-
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1 ment of Homeland Security of any such conference shall 

2 not exceed $500,000. 

3 SEC. 552. None of the funds made available in this 

4 Act may be used to reimburse any Federal department or 

5 agency for its participation in a National Special Security 

6 Event. 

7 SEC. 553. With the exception of countries with 

8 preclearance facilities in service prior to 2013, none of the 

9 funds made available in this Act may be used for new U.S. 

10 Customs and Border Protection air preclearance agreements 

11 entering into force after February 1, 2014, unless: (1) the 

12 Secretary of Homeland Security, in consultation with the 

13 Secretary of State, has certified to Congress that air 

14 preclearance operations at the airport provide a homeland 

15 or national security benefit to the United States; (2) U.S. 

16 passenger air carriers are not precluded from operating at 

17 existing preclearance locations; and (3) a U.S. passenger 

18 air carrier is operating at all airports contemplated for es19 tablishment of new air preclearance operations. 

20 SEC. 554. None of the funds made available by this 

21 or any other Act may be used by the Administrator of the 

22 Transportation Security Administration to implement, ad23 minister, or enforce, in abrogation of the responsibility de24 scribed in section 44903(n)(1) of title 49, United States 

25 Code, any requirement that airport operators provide air-
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1 port-financed staffing to monitor exit points from the sterile 

2 area of any airport at which the Transportation Security 

3 Administration provided such monitoring as of December 

4 1, 2013. 

5 SEC. 555. The administrative law judge annuitants 

6 participating in the Senior Administrative Law Judge Pro7 gram managed by the Director of the Office of Personnel 

8 Management under section 3323 of title 5, United States 

9 Code, shall be available on a temporary reemployment basis 

10 to conduct arbitrations of disputes arising from delivery of 

11 assistance under the Federal Emergency Management Agen12 cy Public Assistance Program. 

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 made available to the De21 partment of Homeland Security by this or any other Act 

22 may be obligated for any structural pay reform that affects 

23 more than 100 full-time equivalent employee positions or 

24 costs more than $5,000,000 in a single year before the end 

25 of the 30-day period beginning on the date on which the 
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1 Secretary of Homeland Security submits to Congress a noti2 fication that includes— 

3 (1) the number of full-time equivalent employee 

4 positions affected by such change; 

5 (2) funding required for such change for the cur6 rent year and through the Future Years Homeland 

7 Security Program; 

8 (3) justification for such change; and 

9 (4) an analysis of compensation alternatives to 

10 such change that were considered by the Department. 

11 SEC. 558. (a) Any agency receiving funds made avail12 able in this Act shall, subject to subsections (b) and (c), 

13 post on the public Web site of that agency any report re14 quired to be submitted by the Committees on Appropria15 tions of the Senate and the House of Representatives in this 

16 Act, upon the determination by the head of the agency that 

17 it shall serve the national interest. 

18 (b) Subsection (a) shall not apply to a report if— 

19 (1) the public posting of the report compromises 

20 homeland or national security; or 

21 (2) the report contains proprietary information. 

22 (c) The head of the agency posting such report shall 

23 do so only after such report has been made available to the 

24 requesting Committee or Committees of Congress for no less 

25 than 45 days except as otherwise specified in law. 
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1 SEC. 559. (a) IN GENERAL.—Beginning on the date 

2 of enactment of this Act, the Secretary of Homeland Secu3 rity shall not— 

4 (1) establish, collect, or otherwise impose any 

5 new border crossing fee on individuals crossing the 

6 Southern border or the Northern border at a land port 

7 of entry; or 

8 (2) conduct any study relating to the imposition 

9 of a border crossing fee. 

10 (b) BORDER CROSSING FEE DEFINED.—In this sec11 tion, the term ‘‘border crossing fee’’ means a fee that every 

12 pedestrian, cyclist, and driver and passenger of a private 

13 motor vehicle is required to pay for the privilege of crossing 

14 the Southern border or the Northern border at a land port 

15 of entry. 

16 SEC. 560. Notwithstanding any other provision of law, 

17 grants awarded to States along the Southwest Border of the 

18 United States under sections 2003 or 2004 of the Homeland 

19 Security Act of 2002 (6 U.S.C. 604 and 605) using funds 

20 provided under the heading ‘‘Federal Emergency Manage21 ment Agency, State and Local Programs’’ in this Act, Pub22 lic Law 114–4, division F of Public Law 113–76, or divi23 sion D of Public Law 113–6 may be used by recipients or 

24 sub-recipients for costs, or reimbursement of costs, related 

25 to providing humanitarian relief to unaccompanied alien 
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1 children and alien adults accompanied by an alien minor 

2 where they are encountered after entering the United States, 

3 provided that such costs were incurred between January 1, 

4 2014, and December 31, 2014, or during the award period 

5 of performance. 

6 SEC. 561. (a) Each major acquisition program of the 

7 Department of Homeland Security, as defined in Depart8 ment of Homeland Security Management Directive 102–2, 

9 shall meet established acquisition documentation require10 ments for its acquisition program baseline established in 

11 the Department of Homeland Security Instruction Manual 

12 102–01–001 and the Department of Homeland Security Ac13 quisition Instruction/Guidebook 102–01–001, Appendix K. 

14 (b) The Department shall report to the Committees on 

15 Appropriations of the Senate and the House of Representa16 tives in the Comprehensive Acquisition Status Report and 

17 its quarterly updates, required under the heading ‘‘Office 

18 of the Under Secretary for Management’’ of this Act, on 

19 any major acquisition program that does not meet such doc20 umentation requirements and the schedule by which the 

21 program will come into compliance with these require22 ments. 

23 (c) None of the funds made available by this or any 

24 other Act for any fiscal year may be used for a major acqui25 sition program that is out of compliance with such docu-
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1 mentation requirements for more than two years except that 

2 funds may be used solely to come into compliance with such 

3 documentation requirements or to terminate the program. 

4 SEC. 562. None of the funds appropriated by this or 

5 any other Act shall be used to pay the salaries and expenses 

6 of personnel who prepare or submit appropriations lan7 guage as part of the President’s budget proposal to the Con8 gress of the United States for programs under the jurisdic9 tion of the Appropriations Subcommittees on the Depart10 ment of Homeland Security that assumes revenues or re11 flects a reduction from the previous year due to user fees 

12 proposals that have not been enacted into law prior to the 

13 submission of the budget unless such budget submission 

14 identifies which additional spending reductions should 

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

16 prior to the date of the convening of a committee of con17 ference for the fiscal year 2017 appropriations Act. 

18 SEC. 563. (a) The Secretary of Homeland Security 

19 may include, in the President’s budget proposal for fiscal 

20 year 2017, submitted pursuant to section 1105(a) of title 

21 31, United States Code, and accompanying justification 

22 materials, an account structure under which each appro23 priation under each agency heading either remains the 

24 same as fiscal year 2016 or falls within the following cat25 egories of appropriations: 
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1 (1) Operations and Support. 

2 (2) Procurements, Construction, and Improve3 ments. 

4 (3) Research and Development. 

5 (4) Federal Assistance. 

6 (b) The Under Secretary for Management, acting 

7 through the Chief Financial Officer, shall determine and 

8 provide centralized guidance to each agency on how to 

9 structure appropriations for purposes of subsection (a). 

10 (c) Not earlier than October 1, 2016, the accounts des11 ignated under subsection (a) may be established, and the 

12 Secretary of Homeland Security may execute appropria13 tions of the Department as provided pursuant to such sub14 section, including any continuing appropriations made 

15 available for fiscal year 2017 before enactment of a regular 

16 appropriations Act. 

17 (d) Notwithstanding any other provision of law, the 

18 Secretary of Homeland Security may transfer any appro19 priation made available to the Department of Homeland 

20 Security by any appropriations Acts to the accounts created 

21 pursuant to subsection (c) to carry out the requirements of 

22 such subsection, and shall notify the Committees on Appro23 priations of the Senate and the House of Representatives 

24 within 5 days of each transfer. 
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1 (e)(1) Not later than November 1, 2016, the Secretary 

2 of Homeland Security shall establish the preliminary base3 line for application of reprogramming and transfer au4 thorities and submit the report specified in paragraph (2) 

5 to the Committees on Appropriations of the Senate and the 

6 House of Representatives. 

7 (2) The report required in this subsection shall in8 clude— 

9 (A) a delineation of the amount and account of 

10 each transfer made pursuant to subsection (c) or (d); 

11 (B) a table for each appropriation with a sepa12 rate column to display the President’s budget pro13 posal, adjustments made by Congress, adjustments 

14 due to enacted rescissions, if appropriate, adjustments 

15 made pursuant to the transfer authority in subsection 

16 (c) or (d), and the fiscal year level; 

17 (C) a delineation in the table for each appro18 priation, adjusted as described in paragraph (2), both 

19 by budget activity and program, project, and activity 

20 as detailed in the Budget Appendix; and 

21 (D) an identification of funds directed for a spe22 cific activity. 

23 (f) The Secretary shall not exercise the authority pro24 vided in subsections (c), (d), and (e) unless, not later than 

25 April 1, 2016, the Chief Financial Officer has submitted 
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1 to the Committees on Appropriations of the Senate and the 

2 House of Representatives— 

3 (1) technical assistance on new legislative lan4 guage in the account structure under subsection (a); 

5 (2) comparison tables of fiscal years 2015, 2016, 

6 and 2017 in the account structure under subsection 

7 (a); 

8 (3) cross-component comparisons that the ac9 count structure under subsection (a) facilitates; 

10 (4) a copy of the interim financial management 

11 policy manual addressing changes made in this Act; 

12 (5) an outline of the financial management pol13 icy manual changes necessary for the account struc14 ture under subsection (a); 

15 (6) proposed changes to transfer and reprogram16 ming requirements, including technical assistance on 

17 legislative language; 

18 (7) certification by the Chief Financial Officer 

19 that the Department’s financial systems can report in 

20 the new account structure; and 

21 (8) a plan for training and implementation of 

22 the account structure under subsections (a) and (c). 

23 SEC. 564. None of the funds made available by this 

24 Act may be obligated or expended to implement the Arms 
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1 Trade Treaty until the Senate approves a resolution of rati2 fication for the Treaty. 

3 SEC. 565. Section 214(g)(9)(A) of the Immigration 

4 and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended 

5 by striking ‘‘2004, 2005, or 2006 shall not again be counted 

6 toward such limitation during fiscal year 2007.’’ and in7 serting ‘‘2013, 2014, or 2015 shall not again be counted 

8 toward such limitation during fiscal year 2016.’’. 

9 SEC. 566. For an additional amount for ‘‘U.S. Cus10 toms and Border Protection, Salaries and Expenses’’, 

11 $14,000,000, to remain available until expended, to be re12 duced by amounts collected and credited to this appropria13 tion from amounts authorized to be collected by section 

14 286(i) of the Immigration and Nationality Act (8 U.S.C. 

15 1356(i)), section 10412 of the Farm Security and Rural 

16 Investment Act of 2002 (7 U.S.C. 8311), and section 817 

17 of the Trade Facilitation and Trade Enforcement Act of 

18 2015: Provided, That to the extent that amounts realized 

19 from such collections exceed $14,000,000, those amounts in 

20 excess of $14,000,000 shall be credited to this appropriation 

21 and remain available until expended: Provided further, 

22 That this authority is contingent on enactment of the Trade 

23 Facilitation and Trade Enforcement Act of 2015. 
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1 (RESCISSIONS)

2 SEC. 567. Of the funds appropriated to the Depart3 ment of Homeland Security, the following funds are hereby 

4 rescinded from the following accounts and programs in the 

5 specified amounts: Provided, That no amounts may be re6 scinded from amounts that were designated by the Congress 

7 as an emergency requirement pursuant to a concurrent res8 olution on the budget or the Balanced Budget and Emer9 gency Deficit Control Act of 1985 (Public Law 99–177): 

10 (1) $27,338,000 from Public Law 109–88; 

11 (2) $4,188,000 from unobligated prior year bal12 ances from ‘‘Analysis and Operations’’; 

13 (3) $7,000,000 from unobligated prior year bal14 ances from ‘‘U.S. Customs and Border Protection, 

15 Automation Modernization’’; 

16 (4) $21,856,000 from unobligated prior year bal17 ances from ‘‘U.S. Customs and Border Protection, 

18 Border Security, Fencing, Infrastructure, and Tech19 nology’’; 

20 (5) $4,500,000 from unobligated prior year bal21 ances from ‘‘U.S. Customs and Border Protection, 

22 Construction and Facilities Management’’; 

23 (6) $158,414,000 from Public Law 114–4 under 

24 the heading ‘‘Transportation Security Administra25 tion, Aviation Security’’; 
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1 (7) $14,000,000 from Public Law 114–4 under 

2 the heading ‘‘Transportation Security Administra3 tion, Surface Transportation Security’’; 

4 (8) $5,800,000 from Public Law 112–74 under 

5 the heading ‘‘Coast Guard, Acquisition, Construction, 

6 and Improvements’’; 

7 (9) $16,445,000 from Public Law 113–76 under 

8 the heading ‘‘Coast Guard, Acquisition, Construction, 

9 and Improvements’’; 

10 (10) $13,758,918 from ‘‘Federal Emergency 

11 Management Agency, National Predisaster Mitigation 

12 Fund’’ account 70 × 0716; 

13 (11) $393,178 from Public Law 113–6 under the 

14 heading ‘‘Science and Technology, Research, Develop15 ment, Acquisition, and Operations’’; 

16 (12) $8,500,000 from Public Law 113–76 under 

17 the heading ‘‘Science and Technology, Research, De18 velopment, Acquisition, and Operations’’; and 

19 (13) $1,106,822 from Public Law 114–4 under 

20 the heading ‘‘Science and Technology, Research, De21 velopment, Acquisition, and Operations’’. 

22 (RESCISSIONS)

23 SEC. 568. Of the funds transferred to the Department 

24 of Homeland Security when it was created in 2003, the fol-
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1 lowing funds are hereby rescinded from the following ac2 counts and programs in the specified amounts: 

3 (1) $417,017 from ‘‘U.S. Customs and Border 

4 Protection, Salaries and Expenses’’; 

5 (2) $15,238 from ‘‘Federal Emergency Manage6 ment Agency, Office of Domestic Preparedness’’; and 

7 (3) $573,828 from ‘‘Federal Emergency Manage8 ment Agency, National Predisaster Mitigation Fund’’. 

9 (RESCISSIONS)

10 SEC. 569. The following unobligated balances made 

11 available to the Department of Homeland Security pursu12 ant to section 505 of the Department of Homeland Security 

13 Appropriations Act, 2015 (Public Law 114–4) are re14 scinded: 

15 (1) $361,242 from ‘‘Office of the Secretary and 

16 Executive Management’’; 

17 (2) $146,547 from ‘‘Office of the Under Secretary 

18 for Management’’; 

19 (3) $25,859 from ‘‘Office of the Chief Financial 

20 Officer’’; 

21 (4) $507,893 from ‘‘Office of the Chief Informa22 tion Officer’’; 

23 (5) $301,637 from ‘‘Analysis and Operations’’; 

24 (6) $20,856 from ‘‘Office of Inspector General’’; 
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1 (7) $598,201 from ‘‘U.S. Customs and Border 

2 Protection, Salaries and Expenses’’; 

3 (8) $254,322 from ‘‘U.S. Customs and Border 

4 Protection, Automation Modernization’’; 

5 (9) $450,806 from ‘‘U.S. Customs and Border 

6 Protection, Air and Marine Operations’’; 

7 (10) $2,461,665 from ‘‘U.S. Immigration and 

8 Customs Enforcement, Salaries and Expenses’’; 

9 (11) $8,653,853 from ‘‘Coast Guard, Operating 

10 Expenses’’; 

11 (12) $515,040 from ‘‘Coast Guard, Reserve 

12 Training’’; 

13 (13) $970,844 from ‘‘Coast Guard, Acquisition, 

14 Construction, and Improvements’’; 

15 (14) $4,212,971 from ‘‘United States Secret 

16 Service, Salaries and Expenses’’; 

17 (15) $27,360 from ‘‘National Protection and 

18 Programs Directorate, Management and Administra19 tion’’; 

20 (16) $188,146 from ‘‘National Protection and 

21 Programs Directorate, Infrastructure Protection and 

22 Information Security’’; 

23 (17) $986 from ‘‘National Protection and Pro24 grams Directorate, Office of Biometric Identity Man25 agement’’; 
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1 (18) $20,650 from ‘‘Office of Health Affairs’’; 

2 (19) $236,332 from ‘‘Federal Emergency Man3 agement Agency, United States Fire Administration’’; 

4 (20) $3,086,173 from ‘‘United States Citizenship 

5 and Immigration Services’’; 

6 (21) $558,012 from ‘‘Federal Law Enforcement 

7 Training Center, Salaries and Expenses’’; 

8 (22) $284,796 from ‘‘Science and Technology, 

9 Management and Administration’’; and 

10 (23) $83,861 from ‘‘Domestic Nuclear Detection 

11 Office, Management and Administration’’. 

12 (RESCISSION)

13 SEC. 570. From the unobligated balances made avail14 able in the Department of the Treasury Forfeiture Fund 

15 established by section 9703 of title 31, United States Code 

16 (added by section 638 of Public Law 102–393), 

17 $176,000,000 shall be rescinded. 

18 (RESCISSION)

19 SEC. 571. Of the unobligated balances made available 

20 to ‘‘Federal Emergency Management Agency, Disaster Re21 lief Fund’’, $1,021,879,000 shall be rescinded: Provided, 

22 That no amounts may be rescinded from amounts that were 

23 designated by the Congress as an emergency requirement 

24 pursuant to a concurrent resolution on the budget or the 

25 Balanced Budget and Emergency Deficit Control Act of 
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1 1985, as amended: Provided further, That no amounts may 

2 be rescinded from the amounts that were designated by the 

3 Congress as being for disaster relief pursuant to section 

4 251(b)(2)(D) of the Balanced Budget and Emergency Def5 icit Control Act of 1985. 

6 SEC. 572. Section 401(b) of the Illegal Immigration 

7 Reform and Immigrant Responsibility Act of 1996 (8 

8 U.S.C. 1324a note) shall be applied by substituting ‘‘Sep9 tember 30, 2016’’ for the date specified in section 106(3) 

10 of the Continuing Appropriations Act, 2016 (Public Law 

11 114–53). 

12 SEC. 573. Subclauses 101(a)(27)(C)(ii)(II) and (III) 

13 of the Immigration and Nationality Act (8 U.S.C. 

14 1101(a)(27)(C)(ii)(II) and (III)) shall be applied by sub15 stituting ‘‘September 30, 2016’’ for the date specified in sec16 tion 106(3) of the Continuing Appropriations Act, 2016 

17 (Public Law 114–53). 

18 SEC. 574. Section 220(c) of the Immigration and Na19 tionality Technical Corrections Act of 1994 (8 U.S.C. 1182 

20 note) shall be applied by substituting ‘‘September 30, 2016’’ 

21 for the date specified in section 106(3) of the Continuing 

22 Appropriations Act, 2016 (Public Law 114–53). 

23 SEC. 575. Section 610(b) of the Departments of Com24 merce, Justice, and State, the Judiciary, and Related Agen25 cies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall 
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1 be applied by substituting ‘‘September 30, 2016’’ for the 

2 date specified in section 106(3) of the Continuing Appro3 priations Act, 2016 (Public Law 114–53). 

4 This division may be cited as the ‘‘Department of 

5 Homeland Security Appropriations Act, 2016’’. 

6 DIVISION G—DEPARTMENT OF THE INTE7 RIOR, ENVIRONMENT, AND RELATED 

8 AGENCIES APPROPRIATIONS ACT, 2016 

9 TITLE I 

10 DEPARTMENT OF THE INTERIOR 

11 BUREAU OF LAND MANAGEMENT

12 MANAGEMENT OF LANDS AND RESOURCES

13 For necessary expenses for protection, use, improve14 ment, development, disposal, cadastral surveying, classifica15 tion, acquisition of easements and other interests in lands, 

16 and performance of other functions, including maintenance 

17 of facilities, as authorized by law, in the management of 

18 lands and their resources under the jurisdiction of the Bu19 reau of Land Management, including the general adminis20 tration of the Bureau, and assessment of mineral potential 

21 of public lands pursuant to section 1010(a) of Public Law 

22 96–487 (16 U.S.C. 3150(a)), $1,072,675,000, to remain 

23 available until expended, including all such amounts as are 

24 collected from permit processing fees, as authorized but 

25 made subject to future appropriation by section 
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1 35(d)(3)(A)(i) of the Mineral Leasing Act (30 U.S.C. 191), 

2 except that amounts from permit processing fees may be 

3 used for any bureau-related expenses associated with the 

4 processing of oil and gas applications for permits to drill 

5 and related use of authorizations; of which $3,000,000 shall 

6 be available in fiscal year 2016 subject to a match by at 

7 least an equal amount by the National Fish and Wildlife 

8 Foundation for cost-shared projects supporting conservation 

9 of Bureau lands; and such funds shall be advanced to the 

10 Foundation as a lump-sum grant without regard to when 

11 expenses are incurred. 

12 In addition, $39,696,000 is for Mining Law Adminis13 tration program operations, including the cost of admin14 istering the mining claim fee program, to remain available 

15 until expended, to be reduced by amounts collected by the 

16 Bureau and credited to this appropriation from mining 

17 claim maintenance fees and location fees that are hereby 

18 authorized for fiscal year 2016, so as to result in a final 

19 appropriation estimated at not more than $1,072,675,000, 

20 and $2,000,000, to remain available until expended, from 

21 communication site rental fees established by the Bureau 

22 for the cost of administering communication site activities. 

23 LAND ACQUISITION

24 For expenses necessary to carry out sections 205, 206, 

25 and 318(d) of Public Law 94–579, including administra-
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1 tive expenses and acquisition of lands or waters, or interests 

2 therein, $38,630,000, to be derived from the Land and 

3 Water Conservation Fund and to remain available until 

4 expended. 

5 OREGON AND CALIFORNIA GRANT LANDS

6 For expenses necessary for management, protection, 

7 and development of resources and for construction, oper8 ation, and maintenance of access roads, reforestation, and 

9 other improvements on the revested Oregon and California 

10 Railroad grant lands, on other Federal lands in the Oregon 

11 and California land-grant counties of Oregon, and on adja12 cent rights-of-way; and acquisition of lands or interests 

13 therein, including existing connecting roads on or adjacent 

14 to such grant lands; $107,734,000, to remain available until 

15 expended: Provided, That 25 percent of the aggregate of all 

16 receipts during the current fiscal year from the revested Or17 egon and California Railroad grant lands is hereby made 

18 a charge against the Oregon and California land-grant 

19 fund and shall be transferred to the General Fund in the 

20 Treasury in accordance with the second paragraph of sub21 section (b) of title II of the Act of August 28, 1937 (43 

22 U.S.C. 1181f). 

23 RANGE IMPROVEMENTS

24 For rehabilitation, protection, and acquisition of lands 

25 and interests therein, and improvement of Federal range-
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1 lands pursuant to section 401 of the Federal Land Policy 

2 and Management Act of 1976 (43 U.S.C. 1751), notwith3 standing any other Act, sums equal to 50 percent of all 

4 moneys received during the prior fiscal year under sections 

5 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) 

6 and the amount designated for range improvements from 

7 grazing fees and mineral leasing receipts from Bankhead8 Jones lands transferred to the Department of the Interior 

9 pursuant to law, but not less than $10,000,000, to remain 

10 available until expended: Provided, That not to exceed 

11 $600,000 shall be available for administrative expenses. 

12 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

13 For administrative expenses and other costs related to 

14 processing application documents and other authorizations 

15 for use and disposal of public lands and resources, for costs 

16 of providing copies of official public land documents, for 

17 monitoring construction, operation, and termination of fa18 cilities in conjunction with use authorizations, and for re19 habilitation of damaged property, such amounts as may be 

20 collected under Public Law 94–579 (43 U.S.C. 1701 et seq.), 

21 and under section 28 of the Mineral Leasing Act (30 U.S.C. 

22 185), to remain available until expended: Provided, That, 

23 notwithstanding any provision to the contrary of section 

24 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any 

25 moneys that have been or will be received pursuant to that 
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•HR 2029 EAH 

1 section, whether as a result of forfeiture, compromise, or set2 tlement, if not appropriate for refund pursuant to section 

3 305(c) of that Act (43 U.S.C. 1735(c)), shall be available 

4 and may be expended under the authority of this Act by 

5 the Secretary to improve, protect, or rehabilitate any public 

6 lands administered through the Bureau of Land Manage7 ment which have been damaged by the action of a resource 

8 developer, purchaser, permittee, or any unauthorized per9 son, without regard to whether all moneys collected from 

10 each such action are used on the exact lands damaged which 

11 led to the action: Provided further, That any such moneys 

12 that are in excess of amounts needed to repair damage to 

13 the exact land for which funds were collected may be used 

14 to repair other damaged public lands. 

15 MISCELLANEOUS TRUST FUNDS

16 In addition to amounts authorized to be expended 

17 under existing laws, there is hereby appropriated such 

18 amounts as may be contributed under section 307 of Public 

19 Law 94–579 (43 U.S.C. 1737), and such amounts as may 

20 be advanced for administrative costs, surveys, appraisals, 

21 and costs of making conveyances of omitted lands under sec22 tion 211(b) of that Act (43 U.S.C. 1721(b)), to remain 

23 available until expended. 
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•HR 2029 EAH 

1 ADMINISTRATIVE PROVISIONS

2 The Bureau of Land Management may carry out the 

3 operations funded under this Act by direct expenditure, con4 tracts, grants, cooperative agreements and reimbursable 

5 agreements with public and private entities, including with 

6 States. Appropriations for the Bureau shall be available for 

7 purchase, erection, and dismantlement of temporary struc8 tures, and alteration and maintenance of necessary build9 ings and appurtenant facilities to which the United States 

10 has title; up to $100,000 for payments, at the discretion 

11 of the Secretary, for information or evidence concerning vio12 lations of laws administered by the Bureau; miscellaneous 

13 and emergency expenses of enforcement activities authorized 

14 or approved by the Secretary and to be accounted for solely 

15 on the Secretary’s certificate, not to exceed $10,000: Pro16 vided, That notwithstanding Public Law 90–620 (44 U.S.C. 

17 501), the Bureau may, under cooperative cost-sharing and 

18 partnership arrangements authorized by law, procure 

19 printing services from cooperators in connection with joint20 ly produced publications for which the cooperators share the 

21 cost of printing either in cash or in services, and the Bureau 

22 determines the cooperator is capable of meeting accepted 

23 quality standards: Provided further, That projects to be 

24 funded pursuant to a written commitment by a State gov25 ernment to provide an identified amount of money in sup-
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•HR 2029 EAH 

1 port of the project may be carried out by the Bureau on 

2 a reimbursable basis. Appropriations herein made shall not 

3 be available for the destruction of healthy, unadopted, wild 

4 horses and burros in the care of the Bureau or its contrac5 tors or for the sale of wild horses and burros that results 

6 in their destruction for processing into commercial prod7 ucts. 

8 UNITED STATES FISH AND WILDLIFE SERVICE

9 RESOURCE MANAGEMENT

10 For necessary expenses of the United States Fish and 

11 Wildlife Service, as authorized by law, and for scientific 

12 and economic studies, general administration, and for the 

13 performance of other authorized functions related to such 

14 resources, $1,238,771,000, to remain available until Sep15 tember 30, 2017: Provided, That not to exceed $20,515,000 

16 shall be used for implementing subsections (a), (b), (c), and 

17 (e) of section 4 of the Endangered Species Act of 1973 (16 

18 U.S.C. 1533) (except for processing petitions, developing 

19 and issuing proposed and final regulations, and taking any 

20 other steps to implement actions described in subsection 

21 (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to ex22 ceed $4,605,000 shall be used for any activity regarding the 

23 designation of critical habitat, pursuant to subsection 

24 (a)(3), excluding litigation support, for species listed pursu25 ant to subsection (a)(1) prior to October 1, 2014; of which 
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•HR 2029 EAH 

1 not to exceed $1,501,000 shall be used for any activity re2 garding petitions to list species that are indigenous to the 

3 United States pursuant to subsections (b)(3)(A) and 

4 (b)(3)(B); and, of which not to exceed $1,504,000 shall be 

5 used for implementing subsections (a), (b), (c), and (e) of 

6 section 4 of the Endangered Species Act of 1973 (16 U.S.C. 

7 1533) for species that are not indigenous to the United 

8 States. 

9 CONSTRUCTION

10 For construction, improvement, acquisition, or re11 moval of buildings and other facilities required in the con12 servation, management, investigation, protection, and utili13 zation of fish and wildlife resources, and the acquisition 

14 of lands and interests therein; $23,687,000, to remain avail15 able until expended. 

16 LAND ACQUISITION

17 For expenses necessary to carry out chapter 2003 of 

18 title 54, United States Code, including administrative ex19 penses, and for acquisition of land or waters, or interest 

20 therein, in accordance with statutory authority applicable 

21 to the United States Fish and Wildlife Service, $68,500,000, 

22 to be derived from the Land and Water Conservation Fund 

23 and to remain available until expended, of which, notwith24 standing section 200306 of title 54, United States Code, not 

25 more than $10,000,000 shall be for land conservation part-
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•HR 2029 EAH 

1 nerships authorized by the Highlands Conservation Act of 

2 2004, including not to exceed $320,000 for administrative 

3 expenses: Provided, That none of the funds appropriated for 

4 specific land acquisition projects may be used to pay for 

5 any administrative overhead, planning or other manage6 ment costs. 

7 COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

8 For expenses necessary to carry out section 6 of the 

9 Endangered Species Act of 1973 (16 U.S.C. 1535), 

10 $53,495,000, to remain available until expended, of which 

11 $22,695,000 is to be derived from the Cooperative Endan12 gered Species Conservation Fund; and of which $30,800,000 

13 is to be derived from the Land and Water Conservation 

14 Fund. 

15 NATIONAL WILDLIFE REFUGE FUND

16 For expenses necessary to implement the Act of October 

17 17, 1978 (16 U.S.C. 715s), $13,228,000. 

18 NORTH AMERICAN WETLANDS CONSERVATION FUND

19 For expenses necessary to carry out the provisions of 

20 the North American Wetlands Conservation Act (16 U.S.C. 

21 4401 et seq.), $35,145,000, to remain available until ex22 pended. 
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1 NEOTROPICAL MIGRATORY BIRD CONSERVATION

2 For expenses necessary to carry out the Neotropical 

3 Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.), 

4 $3,910,000, to remain available until expended. 

5 MULTINATIONAL SPECIES CONSERVATION FUND

6 For expenses necessary to carry out the African Ele7 phant Conservation Act (16 U.S.C. 4201 et seq.), the Asian 

8 Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.), 

9 the Rhinoceros and Tiger Conservation Act of 1994 (16 

10 U.S.C. 5301 et seq.), the Great Ape Conservation Act of 

11 2000 (16 U.S.C. 6301 et seq.), and the Marine Turtle Con12 servation Act of 2004 (16 U.S.C. 6601 et seq.), $11,061,000, 

13 to remain available until expended. 

14 STATE AND TRIBAL WILDLIFE GRANTS

15 For wildlife conservation grants to States and to the 

16 District of Columbia, Puerto Rico, Guam, the United States 

17 Virgin Islands, the Northern Mariana Islands, American 

18 Samoa, and Indian tribes under the provisions of the Fish 

19 and Wildlife Act of 1956 and the Fish and Wildlife Coordi20 nation Act, for the development and implementation of pro21 grams for the benefit of wildlife and their habitat, including 

22 species that are not hunted or fished, $60,571,000, to re23 main available until expended: Provided, That of the 

24 amount provided herein, $4,084,000 is for a competitive 

25 grant program for Indian tribes not subject to the remain-
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•HR 2029 EAH 

1 ing provisions of this appropriation: Provided further, That 

2 $5,487,000 is for a competitive grant program to implement 

3 approved plans for States, territories, and other jurisdic4 tions and at the discretion of affected States, the regional 

5 Associations of fish and wildlife agencies, not subject to the 

6 remaining provisions of this appropriation: Provided fur7 ther, That the Secretary shall, after deducting $9,571,000 

8 and administrative expenses, apportion the amount pro9 vided herein in the following manner: (1) to the District 

10 of Columbia and to the Commonwealth of Puerto Rico, each 

11 a sum equal to not more than one-half of 1 percent thereof; 

12 and (2) to Guam, American Samoa, the United States Vir13 gin Islands, and the Commonwealth of the Northern Mar14 iana Islands, each a sum equal to not more than one-fourth 

15 of 1 percent thereof: Provided further, That the Secretary 

16 shall apportion the remaining amount in the following 

17 manner: (1) one-third of which is based on the ratio to 

18 which the land area of such State bears to the total land 

19 area of all such States; and (2) two-thirds of which is based 

20 on the ratio to which the population of such State bears 

21 to the total population of all such States: Provided further, 

22 That the amounts apportioned under this paragraph shall 

23 be adjusted equitably so that no State shall be apportioned 

24 a sum which is less than 1 percent of the amount available 

25 for apportionment under this paragraph for any fiscal year 
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1 or more than 5 percent of such amount: Provided further, 

2 That the Federal share of planning grants shall not exceed 

3 75 percent of the total costs of such projects and the Federal 

4 share of implementation grants shall not exceed 65 percent 

5 of the total costs of such projects: Provided further, That 

6 the non-Federal share of such projects may not be derived 

7 from Federal grant programs: Provided further, That any 

8 amount apportioned in 2016 to any State, territory, or 

9 other jurisdiction that remains unobligated as of September 

10 30, 2017, shall be reapportioned, together with funds appro11 priated in 2018, in the manner provided herein. 

12 ADMINISTRATIVE PROVISIONS

13 The United States Fish and Wildlife Service may 

14 carry out the operations of Service programs by direct ex15 penditure, contracts, grants, cooperative agreements and re16 imbursable agreements with public and private entities. Ap17 propriations and funds available to the United States Fish 

18 and Wildlife Service shall be available for repair of damage 

19 to public roads within and adjacent to reservation areas 

20 caused by operations of the Service; options for the purchase 

21 of land at not to exceed $1 for each option; facilities inci22 dent to such public recreational uses on conservation areas 

23 as are consistent with their primary purpose; and the 

24 maintenance and improvement of aquaria, buildings, and 

25 other facilities under the jurisdiction of the Service and to 
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•HR 2029 EAH 

1 which the United States has title, and which are used pur2 suant to law in connection with management, and inves3 tigation of fish and wildlife resources: Provided, That not4 withstanding 44 U.S.C. 501, the Service may, under cooper5 ative cost sharing and partnership arrangements author6 ized by law, procure printing services from cooperators in 

7 connection with jointly produced publications for which the 

8 cooperators share at least one-half the cost of printing either 

9 in cash or services and the Service determines the coop10 erator is capable of meeting accepted quality standards: 

11 Provided further, That the Service may accept donated air12 craft as replacements for existing aircraft: Provided further, 

13 That notwithstanding 31 U.S.C. 3302, all fees collected for 

14 non-toxic shot review and approval shall be deposited under 

15 the heading ‘‘United States Fish and Wildlife Service—Re16 source Management’’ and shall be available to the Sec17 retary, without further appropriation, to be used for ex18 penses of processing of such non-toxic shot type or coating 

19 applications and revising regulations as necessary, and 

20 shall remain available until expended. 

21 NATIONAL PARK SERVICE

22 OPERATION OF THE NATIONAL PARK SYSTEM

23 For expenses necessary for the management, operation, 

24 and maintenance of areas and facilities administered by 

25 the National Park Service and for the general administra-
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•HR 2029 EAH 

1 tion of the National Park Service, $2,369,596,000, of which 

2 $10,001,000 for planning and interagency coordination in 

3 support of Everglades restoration and $99,461,000 for 

4 maintenance, repair, or rehabilitation projects for con5 structed assets shall remain available until September 30, 

6 2017: Provided, That funds appropriated under this head7 ing in this Act are available for the purposes of section 5 

8 of Public Law 95–348 and section 204 of Public Law 93– 

9 486, as amended by section 1(3) of Public Law 100–355. 

10 NATIONAL RECREATION AND PRESERVATION

11 For expenses necessary to carry out recreation pro12 grams, natural programs, cultural programs, heritage part13 nership programs, environmental compliance and review, 

14 international park affairs, and grant administration, not 

15 otherwise provided for, $62,632,000. 

16 HISTORIC PRESERVATION FUND

17 For expenses necessary in carrying out the National 

18 Historic Preservation Act (division A of subtitle III of title 

19 54, United States Code), $65,410,000, to be derived from 

20 the Historic Preservation Fund and to remain available 

21 until September 30, 2017, of which $500,000 is for competi22 tive grants for the survey and nomination of properties to 

23 the National Register of Historic Places and as National 

24 Historic Landmarks associated with communities currently 

25 underrepresented, as determined by the Secretary, and of 
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•HR 2029 EAH 

1 which $8,000,000 is for competitive grants to preserve the 

2 sites and stories of the Civil Rights movement: Provided, 

3 That such competitive grants shall be made without impos4 ing the matching requirements in section 302902(b)(3) of 

5 title 54, United States Code to States and Indian tribes 

6 as defined in chapter 3003 of such title, Native Hawaiian 

7 organizations, local governments, including Certified Local 

8 Governments, and nonprofit organizations. 

9 CONSTRUCTION

10 For construction, improvements, repair, or replace11 ment of physical facilities, including modifications author12 ized by section 104 of the Everglades National Park Protec13 tion and Expansion Act of 1989 (16 U.S.C. 410r-8), 

14 $192,937,000, to remain available until expended: Pro15 vided, That, notwithstanding any other provision of law, 

16 for any project initially funded in fiscal year 2016 with 

17 a future phase indicated in the National Park Service 5– 

18 Year Line Item Construction Plan, a single procurement 

19 may be issued which includes the full scope of the project: 

20 Provided further, That the solicitation and contract shall 

21 contain the clause availability of funds found at 48 CFR 

22 52.232–18: Provided further, That National Park Service 

23 Donations, Park Concessions Franchise Fees, and Recre24 ation Fees may be made available for the cost of adjust25 ments and changes within the original scope of effort for 
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•HR 2029 EAH 

1 projects funded by the National Park Service Construction 

2 appropriation: Provided further, That the Secretary of the 

3 Interior shall consult with the Committees on Appropria4 tions, in accordance with current reprogramming thresh5 olds, prior to making any charges authorized by this sec6 tion. 

7 LAND AND WATER CONSERVATION FUND

8 (RESCISSION)

9 The contract authority provided for fiscal year 2016 

10 by section 200308 of title 54, United States Code, is re11 scinded. 

12 LAND ACQUISITION AND STATE ASSISTANCE

13 For expenses necessary to carry out chapter 2003 of 

14 title 54, United States Code, including administrative ex15 penses, and for acquisition of lands or waters, or interest 

16 therein, in accordance with the statutory authority applica17 ble to the National Park Service, $173,670,000, to be de18 rived from the Land and Water Conservation Fund and 

19 to remain available until expended, of which $110,000,000 

20 is for the State assistance program and of which 

21 $10,000,000 shall be for the American Battlefield Protection 

22 Program grants as authorized by chapter 3081 of title 54, 

23 United States Code. 
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•HR 2029 EAH 

1 CENTENNIAL CHALLENGE

2 For expenses necessary to carry out the provisions of 

3 section 101701 of title 54, United States Code, relating to 

4 challenge cost share agreements, $15,000,000, to remain 

5 available until expended, for Centennial Challenge projects 

6 and programs: Provided, That not less than 50 percent of 

7 the total cost of each project or program shall be derived 

8 from non-Federal sources in the form of donated cash, as9 sets, or a pledge of donation guaranteed by an irrevocable 

10 letter of credit. 

11 ADMINISTRATIVE PROVISIONS

12 (INCLUDING TRANSFER OF FUNDS)

13 In addition to other uses set forth in section 

14 101917(c)(2) of title 54, United States Code, franchise fees 

15 credited to a sub-account shall be available for expenditure 

16 by the Secretary, without further appropriation, for use at 

17 any unit within the National Park System to extinguish 

18 or reduce liability for Possessory Interest or leasehold sur19 render interest. Such funds may only be used for this pur20 pose to the extent that the benefitting unit anticipated fran21 chise fee receipts over the term of the contract at that unit 

22 exceed the amount of funds used to extinguish or reduce li23 ability. Franchise fees at the benefitting unit shall be cred24 ited to the sub-account of the originating unit over a period 

25 not to exceed the term of a single contract at the benefitting 
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•HR 2029 EAH 

1 unit, in the amount of funds so expended to extinguish or 

2 reduce liability. 

3 For the costs of administration of the Land and Water 

4 Conservation Fund grants authorized by section 

5 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 

6 2006 (Public Law 109–432), the National Park Service 

7 may retain up to 3 percent of the amounts which are au8 thorized to be disbursed under such section, such retained 

9 amounts to remain available until expended. 

10 National Park Service funds may be transferred to the 

11 Federal Highway Administration (FHWA), Department of 

12 Transportation, for purposes authorized under 23 U.S.C. 

13 204. Transfers may include a reasonable amount for 

14 FHWA administrative support costs. 

15 In fiscal year 2016 and each fiscal year thereafter, any 

16 amounts deposited into the National Park Service trust 

17 fund accounts (31 U.S.C. 1321(a)(l7)–(18)) shall be in18 vested by the Secretary of the Treasury in interest bearing 

19 obligations of the United States to the extent such amounts 

20 are not, in his judgment, required to meet current with21 drawals: Provided, That interest earned by such invest22 ments shall be available for obligation without further ap23 propriation, to the benefit of the project. 
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1 UNITED STATES GEOLOGICAL SURVEY

2 SURVEYS, INVESTIGATIONS, AND RESEARCH

3 For expenses necessary for the United States Geological 

4 Survey to perform surveys, investigations, and research cov5 ering topography, geology, hydrology, biology, and the min6 eral and water resources of the United States, its territories 

7 and possessions, and other areas as authorized by 43 U.S.C. 

8 31, 1332, and 1340; classify lands as to their mineral and 

9 water resources; give engineering supervision to power per10 mittees and Federal Energy Regulatory Commission licens11 ees; administer the minerals exploration program (30 

12 U.S.C. 641); conduct inquiries into the economic conditions 

13 affecting mining and materials processing industries (30 

14 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related 

15 purposes as authorized by law; and to publish and dissemi16 nate data relative to the foregoing activities; 

17 $1,062,000,000, to remain available until September 30, 

18 2017; of which $57,637,189 shall remain available until ex19 pended for satellite operations; and of which $7,280,000 

20 shall be available until expended for deferred maintenance 

21 and capital improvement projects that exceed $100,000 in 

22 cost: Provided, That none of the funds provided for the eco23 system research activity shall be used to conduct new sur24 veys on private property, unless specifically authorized in 

25 writing by the property owner: Provided further, That no 
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•HR 2029 EAH 

1 part of this appropriation shall be used to pay more than 

2 one-half the cost of topographic mapping or water resources 

3 data collection and investigations carried on in cooperation 

4 with States and municipalities. 

5 ADMINISTRATIVE PROVISIONS

6 From within the amount appropriated for activities 

7 of the United States Geological Survey such sums as are 

8 necessary shall be available for contracting for the fur9 nishing of topographic maps and for the making of geo10 physical or other specialized surveys when it is administra11 tively determined that such procedures are in the public in12 terest; construction and maintenance of necessary buildings 

13 and appurtenant facilities; acquisition of lands for gauging 

14 stations and observation wells; expenses of the United States 

15 National Committee for Geological Sciences; and payment 

16 of compensation and expenses of persons employed by the 

17 Survey duly appointed to represent the United States in 

18 the negotiation and administration of interstate compacts: 

19 Provided, That activities funded by appropriations herein 

20 made may be accomplished through the use of contracts, 

21 grants, or cooperative agreements as defined in section 6302 

22 of title 31, United States Code: Provided further, That the 

23 United States Geological Survey may enter into contracts 

24 or cooperative agreements directly with individuals or indi25 rectly with institutions or nonprofit organizations, without 
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•HR 2029 EAH 

1 regard to 41 U.S.C. 6101, for the temporary or intermittent 

2 services of students or recent graduates, who shall be consid3 ered employees for the purpose of chapters 57 and 81 of 

4 title 5, United States Code, relating to compensation for 

5 travel and work injuries, and chapter 171 of title 28, 

6 United States Code, relating to tort claims, but shall not 

7 be considered to be Federal employees for any other pur8 poses. 

9 BUREAU OF OCEAN ENERGY MANAGEMENT

10 OCEAN ENERGY MANAGEMENT

11 For expenses necessary for granting leases, easements, 

12 rights-of-way and agreements for use for oil and gas, other 

13 minerals, energy, and marine-related purposes on the Outer 

14 Continental Shelf and approving operations related thereto, 

15 as authorized by law; for environmental studies, as author16 ized by law; for implementing other laws and to the extent 

17 provided by Presidential or Secretarial delegation; and for 

18 matching grants or cooperative agreements, $170,857,000, 

19 of which $74,235,000, is to remain available until Sep20 tember 30, 2017 and of which $96,622,000 is to remain 

21 available until expended: Provided, That this total appro22 priation shall be reduced by amounts collected by the Sec23 retary and credited to this appropriation from additions 

24 to receipts resulting from increases to lease rental rates in 

25 effect on August 5, 1993, and from cost recovery fees from 
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•HR 2029 EAH 

1 activities conducted by the Bureau of Ocean Energy Man2 agement pursuant to the Outer Continental Shelf Lands 

3 Act, including studies, assessments, analysis, and miscella4 neous administrative activities: Provided further, That the 

5 sum herein appropriated shall be reduced as such collections 

6 are received during the fiscal year, so as to result in a final 

7 fiscal year 2016 appropriation estimated at not more than 

8 $74,235,000: Provided further, That not to exceed $3,000 

9 shall be available for reasonable expenses related to pro10 moting volunteer beach and marine cleanup activities. 

11 BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT

12 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

13 For expenses necessary for the regulation of operations 

14 related to leases, easements, rights-of-way and agreements 

15 for use for oil and gas, other minerals, energy, and marine16 related purposes on the Outer Continental Shelf, as author17 ized by law; for enforcing and implementing laws and regu18 lations as authorized by law and to the extent provided by 

19 Presidential or Secretarial delegation; and for matching 

20 grants or cooperative agreements, $124,772,000, of which 

21 $67,565,000 is to remain available until September 30, 

22 2017 and of which $57,207,000 is to remain available until 

23 expended: Provided, That this total appropriation shall be 

24 reduced by amounts collected by the Secretary and credited 

25 to this appropriation from additions to receipts resulting 
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•HR 2029 EAH 

1 from increases to lease rental rates in effect on August 5, 

2 1993, and from cost recovery fees from activities conducted 

3 by the Bureau of Safety and Environmental Enforcement 

4 pursuant to the Outer Continental Shelf Lands Act, includ5 ing studies, assessments, analysis, and miscellaneous ad6 ministrative activities: Provided further, That the sum 

7 herein appropriated shall be reduced as such collections are 

8 received during the fiscal year, so as to result in a final 

9 fiscal year 2016 appropriation estimated at not more than 

10 $67,565,000. 

11 For an additional amount, $65,000,000, to remain 

12 available until expended, to be reduced by amounts collected 

13 by the Secretary and credited to this appropriation, which 

14 shall be derived from non-refundable inspection fees col15 lected in fiscal year 2016, as provided in this Act: Provided, 

16 That to the extent that amounts realized from such inspec17 tion fees exceed $65,000,000, the amounts realized in excess 

18 of $65,000,000 shall be credited to this appropriation and 

19 remain available until expended: Provided further, That for 

20 fiscal year 2016, not less than 50 percent of the inspection 

21 fees expended by the Bureau of Safety and Environmental 

22 Enforcement will be used to fund personnel and mission23 related costs to expand capacity and expedite the orderly 

24 development, subject to environmental safeguards, of the 

25 Outer Continental Shelf pursuant to the Outer Continental 
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•HR 2029 EAH 

1 Shelf Lands Act (43 U.S.C. 1331 et seq.), including the re2 view of applications for permits to drill. 

3 OIL SPILL RESEARCH

4 For necessary expenses to carry out title I, section 

5 1016, title IV, sections 4202 and 4303, title VII, and title 

6 VIII, section 8201 of the Oil Pollution Act of 1990, 

7 $14,899,000, which shall be derived from the Oil Spill Li8 ability Trust Fund, to remain available until expended. 

9 OFFICE OF SURFACE MINING RECLAMATION AND

10 ENFORCEMENT

11 REGULATION AND TECHNOLOGY

12 For necessary expenses to carry out the provisions of 

13 the Surface Mining Control and Reclamation Act of 1977, 

14 Public Law 95–87, $123,253,000, to remain available until 

15 September 30, 2017: Provided, That appropriations for the 

16 Office of Surface Mining Reclamation and Enforcement 

17 may provide for the travel and per diem expenses of State 

18 and tribal personnel attending Office of Surface Mining 

19 Reclamation and Enforcement sponsored training. 

20 In addition, for costs to review, administer, and en21 force permits issued by the Office pursuant to section 507 

22 of Public Law 95–87 (30 U.S.C. 1257), $40,000, to remain 

23 available until expended: Provided, That fees assessed and 

24 collected by the Office pursuant to such section 507 shall 

25 be credited to this account as discretionary offsetting collec-
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1 tions, to remain available until expended: Provided further, 

2 That the sum herein appropriated from the general fund 

3 shall be reduced as collections are received during the fiscal 

4 year, so as to result in a fiscal year 2016 appropriation 

5 estimated at not more than $123,253,000. 

6 ABANDONED MINE RECLAMATION FUND

7 For necessary expenses to carry out title IV of the Sur8 face Mining Control and Reclamation Act of 1977, Public 

9 Law 95–87, $27,303,000, to be derived from receipts of the 

10 Abandoned Mine Reclamation Fund and to remain avail11 able until expended: Provided, That pursuant to Public 

12 Law 97–365, the Department of the Interior is authorized 

13 to use up to 20 percent from the recovery of the delinquent 

14 debt owed to the United States Government to pay for con15 tracts to collect these debts: Provided further, That funds 

16 made available under title IV of Public Law 95–87 may 

17 be used for any required non-Federal share of the cost of 

18 projects funded by the Federal Government for the purpose 

19 of environmental restoration related to treatment or abate20 ment of acid mine drainage from abandoned mines: Pro21 vided further, That such projects must be consistent with 

22 the purposes and priorities of the Surface Mining Control 

23 and Reclamation Act: Provided further, That amounts pro24 vided under this heading may be used for the travel and 

25 per diem expenses of State and tribal personnel attending 
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1 Office of Surface Mining Reclamation and Enforcement 

2 sponsored training. 

3 In addition, $90,000,000, to remain available until ex4 pended, for grants to States for reclamation of abandoned 

5 mine lands and other related activities in accordance with 

6 the terms and conditions in the explanatory statement de7 scribed in section 4 (in the matter preceding division A of 

8 this consolidated Act): Provided, That such additional 

9 amount shall be used for economic and community develop10 ment in conjunction with the priorities in section 403(a) 

11 of the Surface Mining Control and Reclamation Act of 1977 

12 (30 U.S.C. 1233(a)): Provided further, That such additional 

13 amount shall be distributed in equal amounts to the 3 Ap14 palachian States with the greatest amount of unfunded 

15 needs to meet the priorities described in paragraphs (1) and 

16 (2) of such section: Provided further, That such additional 

17 amount shall be allocated to States within 60 days after 

18 the date of enactment of this Act. 

19 BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN

20 EDUCATION

21 OPERATION OF INDIAN PROGRAMS

22 (INCLUDING TRANSFER OF FUNDS)

23 For expenses necessary for the operation of Indian pro24 grams, as authorized by law, including the Snyder Act of 

25 November 2, 1921 (25 U.S.C. 13), the Indian Self-Deter-
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1 mination and Education Assistance Act of 1975 (25 U.S.C. 

2 450 et seq.), the Education Amendments of 1978 (25 U.S.C. 

3 2001–2019), and the Tribally Controlled Schools Act of 

4 1988 (25 U.S.C. 2501 et seq.), $2,267,924,000, to remain 

5 available until September 30, 2017, except as otherwise pro6 vided herein; of which not to exceed $8,500 may be for offi7 cial reception and representation expenses; of which not to 

8 exceed $74,791,000 shall be for welfare assistance payments: 

9 Provided, That, in cases of designated Federal disasters, the 

10 Secretary may exceed such cap, from the amounts provided 

11 herein, to provide for disaster relief to Indian communities 

12 affected by the disaster: Provided further, That federally rec13 ognized Indian tribes and tribal organizations of federally 

14 recognized Indian tribes may use their tribal priority allo15 cations for unmet welfare assistance costs: Provided further, 

16 That not to exceed $628,351,000 for school operations costs 

17 of Bureau-funded schools and other education programs 

18 shall become available on July 1, 2016, and shall remain 

19 available until September 30, 2017: Provided further, That 

20 not to exceed $43,813,000 shall remain available until ex21 pended for housing improvement, road maintenance, attor22 ney fees, litigation support, land records improvement, and 

23 the Navajo-Hopi Settlement Program: Provided further, 

24 That, notwithstanding any other provision of law, includ25 ing but not limited to the Indian Self-Determination Act 
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1 of 1975 (25 U.S.C. 450f et seq.) and section 1128 of the 

2 Education Amendments of 1978 (25 U.S.C. 2008), not to 

3 exceed $73,276,000 within and only from such amounts 

4 made available for school operations shall be available for 

5 administrative cost grants associated with grants approved 

6 prior to July 1, 2016: Provided further, That any forestry 

7 funds allocated to a federally recognized tribe which remain 

8 unobligated as of September 30, 2017, may be transferred 

9 during fiscal year 2018 to an Indian forest land assistance 

10 account established for the benefit of the holder of the funds 

11 within the holder’s trust fund account: Provided further, 

12 That any such unobligated balances not so transferred shall 

13 expire on September 30, 2018: Provided further, That, in 

14 order to enhance the safety of Bureau field employees, the 

15 Bureau may use funds to purchase uniforms or other identi16 fying articles of clothing for personnel. 

17 CONTRACT SUPPORT COSTS

18 For payments to tribes and tribal organizations for 

19 contract support costs associated with Indian Self-Deter20 mination and Education Assistance Act agreements with 

21 the Bureau of Indian Affairs for fiscal year 2016, such sums 

22 as may be necessary, which shall be available for obligation 

23 through September 30, 2017: Provided, That amounts obli24 gated but not expended by a tribe or tribal organization 

25 for contract support costs for such agreements for the cur-
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1 rent fiscal year shall be applied to contract support costs 

2 otherwise due for such agreements for subsequent fiscal 

3 years: Provided further, That, notwithstanding any other 

4 provision of law, no amounts made available under this 

5 heading shall be available for transfer to another budget ac6 count. 

7 CONSTRUCTION

8 (INCLUDING TRANSFER OF FUNDS)

9 For construction, repair, improvement, and mainte10 nance of irrigation and power systems, buildings, utilities, 

11 and other facilities, including architectural and engineering 

12 services by contract; acquisition of lands, and interests in 

13 lands; and preparation of lands for farming, and for con14 struction of the Navajo Indian Irrigation Project pursuant 

15 to Public Law 87–483, $193,973,000, to remain available 

16 until expended: Provided, That such amounts as may be 

17 available for the construction of the Navajo Indian Irriga18 tion Project may be transferred to the Bureau of Reclama19 tion: Provided further, That not to exceed 6 percent of con20 tract authority available to the Bureau of Indian Affairs 

21 from the Federal Highway Trust Fund may be used to cover 

22 the road program management costs of the Bureau: Pro23 vided further, That any funds provided for the Safety of 

24 Dams program pursuant to 25 U.S.C. 13 shall be made 

25 available on a nonreimbursable basis: Provided further, 
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1 That for fiscal year 2016, in implementing new construc2 tion, replacement facilities construction, or facilities im3 provement and repair project grants in excess of $100,000 

4 that are provided to grant schools under Public Law 100– 

5 297, the Secretary of the Interior shall use the Administra6 tive and Audit Requirements and Cost Principles for Assist7 ance Programs contained in 43 CFR part 12 as the regu8 latory requirements: Provided further, That such grants 

9 shall not be subject to section 12.61 of 43 CFR; the Sec10 retary and the grantee shall negotiate and determine a 

11 schedule of payments for the work to be performed: Provided 

12 further, That in considering grant applications, the Sec13 retary shall consider whether such grantee would be defi14 cient in assuring that the construction projects conform to 

15 applicable building standards and codes and Federal, trib16 al, or State health and safety standards as required by 25 

17 U.S.C. 2005(b), with respect to organizational and finan18 cial management capabilities: Provided further, That if the 

19 Secretary declines a grant application, the Secretary shall 

20 follow the requirements contained in 25 U.S.C. 2504(f): 

21 Provided further, That any disputes between the Secretary 

22 and any grantee concerning a grant shall be subject to the 

23 disputes provision in 25 U.S.C. 2507(e): Provided further, 

24 That in order to ensure timely completion of construction 

25 projects, the Secretary may assume control of a project and 
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•HR 2029 EAH 

1 all funds related to the project, if, within 18 months of the 

2 date of enactment of this Act, any grantee receiving funds 

3 appropriated in this Act or in any prior Act, has not com4 pleted the planning and design phase of the project and 

5 commenced construction: Provided further, That this appro6 priation may be reimbursed from the Office of the Special 

7 Trustee for American Indians appropriation for the appro8 priate share of construction costs for space expansion need9 ed in agency offices to meet trust reform implementation. 

10 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

11 MISCELLANEOUS PAYMENTS TO INDIANS

12 For payments and necessary administrative expenses 

13 for implementation of Indian land and water claim settle14 ments pursuant to Public Laws 99–264, 100–580, 101–618, 

15 111–11, and 111–291, and for implementation of other land 

16 and water rights settlements, $49,475,000, to remain avail17 able until expended. 

18 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

19 For the cost of guaranteed loans and insured loans, 

20 $7,748,000, of which $1,062,000 is for administrative ex21 penses, as authorized by the Indian Financing Act of 1974: 

22 Provided, That such costs, including the cost of modifying 

23 such loans, shall be as defined in section 502 of the Congres24 sional Budget Act of 1974: Provided further, That these 

25 funds are available to subsidize total loan principal, any 
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1 part of which is to be guaranteed or insured, not to exceed 

2 $113,804,510. 

3 ADMINISTRATIVE PROVISIONS

4 The Bureau of Indian Affairs may carry out the oper5 ation of Indian programs by direct expenditure, contracts, 

6 cooperative agreements, compacts, and grants, either di7 rectly or in cooperation with States and other organiza8 tions. 

9 Notwithstanding 25 U.S.C. 15, the Bureau of Indian 

10 Affairs may contract for services in support of the manage11 ment, operation, and maintenance of the Power Division 

12 of the San Carlos Irrigation Project. 

13 Notwithstanding any other provision of law, no funds 

14 available to the Bureau of Indian Affairs for central office 

15 oversight and Executive Direction and Administrative 

16 Services (except executive direction and administrative 

17 services funding for Tribal Priority Allocations, regional of18 fices, and facilities operations and maintenance) shall be 

19 available for contracts, grants, compacts, or cooperative 

20 agreements with the Bureau of Indian Affairs under the 

21 provisions of the Indian Self-Determination Act or the 

22 Tribal Self-Governance Act of 1994 (Public Law 103–413). 

23 In the event any tribe returns appropriations made 

24 available by this Act to the Bureau of Indian Affairs, this 

25 action shall not diminish the Federal Government’s trust 
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•HR 2029 EAH 

1 responsibility to that tribe, or the government-to-govern2 ment relationship between the United States and that tribe, 

3 or that tribe’s ability to access future appropriations. 

4 Notwithstanding any other provision of law, no funds 

5 available to the Bureau of Indian Education, other than 

6 the amounts provided herein for assistance to public schools 

7 under 25 U.S.C. 452 et seq., shall be available to support 

8 the operation of any elementary or secondary school in the 

9 State of Alaska. 

10 No funds available to the Bureau of Indian Education 

11 shall be used to support expanded grades for any school or 

12 dormitory beyond the grade structure in place or approved 

13 by the Secretary of the Interior at each school in the Bureau 

14 of Indian Education school system as of October 1, 1995, 

15 except that the Secretary of the Interior may waive this 

16 prohibition to support expansion of up to one additional 

17 grade when the Secretary determines such waiver is needed 

18 to support accomplishment of the mission of the Bureau of 

19 Indian Education. Appropriations made available in this 

20 or any prior Act for schools funded by the Bureau shall 

21 be available, in accordance with the Bureau’s funding for22 mula, only to the schools in the Bureau school system as 

23 of September 1, 1996, and to any school or school program 

24 that was reinstated in fiscal year 2012. Funds made avail25 able under this Act may not be used to establish a charter 
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•HR 2029 EAH 

1 school at a Bureau-funded school (as that term is defined 

2 in section 1141 of the Education Amendments of 1978 (25 

3 U.S.C. 2021)), except that a charter school that is in exist4 ence on the date of the enactment of this Act and that has 

5 operated at a Bureau-funded school before September 1, 

6 1999, may continue to operate during that period, but only 

7 if the charter school pays to the Bureau a pro rata share 

8 of funds to reimburse the Bureau for the use of the real 

9 and personal property (including buses and vans), the 

10 funds of the charter school are kept separate and apart from 

11 Bureau funds, and the Bureau does not assume any obliga12 tion for charter school programs of the State in which the 

13 school is located if the charter school loses such funding. 

14 Employees of Bureau-funded schools sharing a campus with 

15 a charter school and performing functions related to the 

16 charter school’s operation and employees of a charter school 

17 shall not be treated as Federal employees for purposes of 

18 chapter 171 of title 28, United States Code. 

19 Notwithstanding any other provision of law, including 

20 section 113 of title I of appendix C of Public Law 106– 

21 113, if in fiscal year 2003 or 2004 a grantee received indi22 rect and administrative costs pursuant to a distribution 

23 formula based on section 5(f) of Public Law 101–301, the 

24 Secretary shall continue to distribute indirect and adminis-
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•HR 2029 EAH 

1 trative cost funds to such grantee using the section 5(f) dis2 tribution formula. 

3 Funds available under this Act may not be used to 

4 establish satellite locations of schools in the Bureau school 

5 system as of September 1, 1996, except that the Secretary 

6 may waive this prohibition in order for an Indian tribe 

7 to provide language and cultural immersion educational 

8 programs for non-public schools located within the jurisdic9 tional area of the tribal government which exclusively serve 

10 tribal members, do not include grades beyond those cur11 rently served at the existing Bureau-funded school, provide 

12 an educational environment with educator presence and 

13 academic facilities comparable to the Bureau-funded school, 

14 comply with all applicable Tribal, Federal, or State health 

15 and safety standards, and the Americans with Disabilities 

16 Act, and demonstrate the benefits of establishing operations 

17 at a satellite location in lieu of incurring extraordinary 

18 costs, such as for transportation or other impacts to stu19 dents such as those caused by busing students extended dis20 tances: Provided, That no funds available under this Act 

21 may be used to fund operations, maintenance, rehabilita22 tion, construction or other facilities-related costs for such 

23 assets that are not owned by the Bureau: Provided further, 

24 That the term ‘‘satellite school’’ means a school location 

25 physically separated from the existing Bureau school by 
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1 more than 50 miles but that forms part of the existing 

2 school in all other respects. 

3 DEPARTMENTAL OFFICES

4 OFFICE OF THE SECRETARY

5 DEPARTMENTAL OPERATIONS

6 For necessary expenses for management of the Depart7 ment of the Interior, including the collection and disburse8 ment of royalties, fees, and other mineral revenue proceeds, 

9 and for grants and cooperative agreements, as authorized 

10 by law, $721,769,000, to remain available until September 

11 30, 2017; of which not to exceed $15,000 may be for official 

12 reception and representation expenses; and of which up to 

13 $1,000,000 shall be available for workers compensation pay14 ments and unemployment compensation payments associ15 ated with the orderly closure of the United States Bureau 

16 of Mines; and of which $12,618,000 for the Office of Valu17 ation Services is to be derived from the Land and Water 

18 Conservation Fund and shall remain available until ex19 pended; and of which $38,300,000 shall remain available 

20 until expended for the purpose of mineral revenue manage21 ment activities: Provided, That notwithstanding any other 

22 provision of law, $15,000 under this heading shall be avail23 able for refunds of overpayments in connection with certain 

24 Indian leases in which the Secretary concurred with the 

25 claimed refund due, to pay amounts owed to Indian 
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1 allottees or tribes, or to correct prior unrecoverable erro2 neous payments. 

3 ADMINISTRATIVE PROVISIONS

4 For fiscal year 2016, up to $400,000 of the payments 

5 authorized by the Act of October 20, 1976 (31 U.S.C. 6901– 

6 6907) may be retained for administrative expenses of the 

7 Payments in Lieu of Taxes Program: Provided, That no 

8 payment shall be made pursuant to that Act to otherwise 

9 eligible units of local government if the computed amount 

10 of the payment is less than $100: Provided further, That 

11 the Secretary may reduce the payment authorized by 31 

12 U.S.C. 6901–6907 for an individual county by the amount 

13 necessary to correct prior year overpayments to that county: 

14 Provided further, That the amount needed to correct a prior 

15 year underpayment to an individual county shall be paid 

16 from any reductions for overpayments to other counties and 

17 the amount necessary to cover any remaining under18 payment is hereby appropriated and shall be paid to indi19 vidual counties: Provided further, That of the total amount 

20 made available by this title for ‘‘Office of the Secretary— 

21 Departmental Operations’’, $452,000,000 shall be available 

22 to the Secretary of the Interior for an additional amount 

23 for fiscal year 2016 for payments in lieu of taxes under 

24 chapter 69 of title 31, United States Code. 
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1 INSULAR AFFAIRS

2 ASSISTANCE TO TERRITORIES

3 For expenses necessary for assistance to territories 

4 under the jurisdiction of the Department of the Interior and 

5 other jurisdictions identified in section 104(e) of Public 

6 Law 108–188, $86,976,000, of which: (1) $77,528,000 shall 

7 remain available until expended for territorial assistance, 

8 including general technical assistance, maintenance assist9 ance, disaster assistance, coral reef initiative activities, and 

10 brown tree snake control and research; grants to the judici11 ary in American Samoa for compensation and expenses, 

12 as authorized by law (48 U.S.C. 1661(c)); grants to the 

13 Government of American Samoa, in addition to current 

14 local revenues, for construction and support of govern15 mental functions; grants to the Government of the Virgin 

16 Islands as authorized by law; grants to the Government of 

17 Guam, as authorized by law; and grants to the Government 

18 of the Northern Mariana Islands as authorized by law 

19 (Public Law 94–241; 90 Stat. 272); and (2) $9,448,000 

20 shall be available until September 30, 2017, for salaries and 

21 expenses of the Office of Insular Affairs: Provided, That all 

22 financial transactions of the territorial and local govern23 ments herein provided for, including such transactions of 

24 all agencies or instrumentalities established or used by such 

25 governments, may be audited by the Government Account-
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•HR 2029 EAH 

1 ability Office, at its discretion, in accordance with chapter 

2 35 of title 31, United States Code: Provided further, That 

3 Northern Mariana Islands Covenant grant funding shall be 

4 provided according to those terms of the Agreement of the 

5 Special Representatives on Future United States Financial 

6 Assistance for the Northern Mariana Islands approved by 

7 Public Law 104–134: Provided further, That the funds for 

8 the program of operations and maintenance improvement 

9 are appropriated to institutionalize routine operations and 

10 maintenance improvement of capital infrastructure with 

11 territorial participation and cost sharing to be determined 

12 by the Secretary based on the grantee’s commitment to time13 ly maintenance of its capital assets: Provided further, That 

14 any appropriation for disaster assistance under this head15 ing in this Act or previous appropriations Acts may be used 

16 as non-Federal matching funds for the purpose of hazard 

17 mitigation grants provided pursuant to section 404 of the 

18 Robert T. Stafford Disaster Relief and Emergency Assist19 ance Act (42 U.S.C. 5170c). 

20 COMPACT OF FREE ASSOCIATION

21 For grants and necessary expenses, $3,318,000, to re22 main available until expended, as provided for in sections 

23 221(a)(2) and 233 of the Compact of Free Association for 

24 the Republic of Palau; and section 221(a)(2) of the Com25 pacts of Free Association for the Government of the Repub-
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•HR 2029 EAH 

1 lic of the Marshall Islands and the Federated States of Mi2 cronesia, as authorized by Public Law 99–658 and Public 

3 Law 108–188. 

4 ADMINISTRATIVE PROVISIONS

5 (INCLUDING TRANSFER OF FUNDS)

6 At the request of the Governor of Guam, the Secretary 

7 may transfer discretionary funds or mandatory funds pro8 vided under section 104(e) of Public Law 108–188 and Pub9 lic Law 104–134, that are allocated for Guam, to the Sec10 retary of Agriculture for the subsidy cost of direct or guar11 anteed loans, plus not to exceed three percent of the amount 

12 of the subsidy transferred for the cost of loan administra13 tion, for the purposes authorized by the Rural Electrifica14 tion Act of 1936 and section 306(a)(1) of the Consolidated 

15 Farm and Rural Development Act for construction and re16 pair projects in Guam, and such funds shall remain avail17 able until expended: Provided, That such costs, including 

18 the cost of modifying such loans, shall be as defined in sec19 tion 502 of the Congressional Budget Act of 1974: Provided 

20 further, That such loans or loan guarantees may be made 

21 without regard to the population of the area, credit else22 where requirements, and restrictions on the types of eligible 

23 entities under the Rural Electrification Act of 1936 and 

24 section 306(a)(1) of the Consolidated Farm and Rural De25 velopment Act: Provided further, That any funds trans-
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•HR 2029 EAH 

1 ferred to the Secretary of Agriculture shall be in addition 

2 to funds otherwise made available to make or guarantee 

3 loans under such authorities. 

4 OFFICE OF THE SOLICITOR

5 SALARIES AND EXPENSES

6 For necessary expenses of the Office of the Solicitor, 

7 $65,800,000. 

8 OFFICE OF INSPECTOR GENERAL

9 SALARIES AND EXPENSES

10 For necessary expenses of the Office of Inspector Gen11 eral, $50,047,000. 

12 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN

13 INDIANS

14 FEDERAL TRUST PROGRAMS

15 (INCLUDING TRANSFER OF FUNDS)

16 For the operation of trust programs for Indians by di17 rect expenditure, contracts, cooperative agreements, com18 pacts, and grants, $139,029,000, to remain available until 

19 expended, of which not to exceed $22,120,000 from this or 

20 any other Act, may be available for historical accounting: 

21 Provided, That funds for trust management improvements 

22 and litigation support may, as needed, be transferred to or 

23 merged with the Bureau of Indian Affairs and Bureau of 

24 Indian Education, ‘‘Operation of Indian Programs’’ ac25 count; the Office of the Solicitor, ‘‘Salaries and Expenses’’ 
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•HR 2029 EAH 

1 account; and the Office of the Secretary, ‘‘Departmental Op2 erations’’ account: Provided further, That funds made 

3 available through contracts or grants obligated during fiscal 

4 year 2016, as authorized by the Indian Self-Determination 

5 Act of 1975 (25 U.S.C. 450 et seq.), shall remain available 

6 until expended by the contractor or grantee: Provided fur7 ther, That, notwithstanding any other provision of law, the 

8 Secretary shall not be required to provide a quarterly state9 ment of performance for any Indian trust account that has 

10 not had activity for at least 15 months and has a balance 

11 of $15 or less: Provided further, That the Secretary shall 

12 issue an annual account statement and maintain a record 

13 of any such accounts and shall permit the balance in each 

14 such account to be withdrawn upon the express written re15 quest of the account holder: Provided further, That not to 

16 exceed $50,000 is available for the Secretary to make pay17 ments to correct administrative errors of either disburse18 ments from or deposits to Individual Indian Money or 

19 Tribal accounts after September 30, 2002: Provided further, 

20 That erroneous payments that are recovered shall be cred21 ited to and remain available in this account for this pur22 pose: Provided further, That the Secretary shall not be re23 quired to reconcile Special Deposit Accounts with a balance 

24 of less than $500 unless the Office of the Special Trustee 
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•HR 2029 EAH 

1 receives proof of ownership from a Special Deposit Accounts 

2 claimant. 

3 DEPARTMENT-WIDE PROGRAMS

4 WILDLAND FIRE MANAGEMENT

5 (INCLUDING TRANSFERS OF FUNDS)

6 For necessary expenses for fire preparedness, fire sup7 pression operations, fire science and research, emergency re8 habilitation, hazardous fuels management activities, and 

9 rural fire assistance by the Department of the Interior, 

10 $816,745,000, to remain available until expended, of which 

11 not to exceed $6,427,000 shall be for the renovation or con12 struction of fire facilities: Provided, That such funds are 

13 also available for repayment of advances to other appro14 priation accounts from which funds were previously trans15 ferred for such purposes: Provided further, That of the funds 

16 provided $170,000,000 is for hazardous fuels management 

17 activities: Provided further, That of the funds provided 

18 $18,970,000 is for burned area rehabilitation: Provided fur19 ther, That persons hired pursuant to 43 U.S.C. 1469 may 

20 be furnished subsistence and lodging without cost from 

21 funds available from this appropriation: Provided further, 

22 That notwithstanding 42 U.S.C. 1856d, sums received by 

23 a bureau or office of the Department of the Interior for fire 

24 protection rendered pursuant to 42 U.S.C. 1856 et seq., pro25 tection of United States property, may be credited to the 
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•HR 2029 EAH 

1 appropriation from which funds were expended to provide 

2 that protection, and are available without fiscal year limi3 tation: Provided further, That using the amounts des4 ignated under this title of this Act, the Secretary of the Inte5 rior may enter into procurement contracts, grants, or coop6 erative agreements, for hazardous fuels management and re7 silient landscapes activities, and for training and moni8 toring associated with such hazardous fuels management 

9 and resilient landscapes activities on Federal land, or on 

10 adjacent non-Federal land for activities that benefit re11 sources on Federal land: Provided further, That the costs 

12 of implementing any cooperative agreement between the 

13 Federal Government and any non-Federal entity may be 

14 shared, as mutually agreed on by the affected parties: Pro15 vided further, That notwithstanding requirements of the 

16 Competition in Contracting Act, the Secretary, for purposes 

17 of hazardous fuels management and resilient landscapes ac18 tivities, may obtain maximum practicable competition 

19 among: (1) local private, nonprofit, or cooperative entities; 

20 (2) Youth Conservation Corps crews, Public Lands Corps 

21 (Public Law 109–154), or related partnerships with State, 

22 local, or nonprofit youth groups; (3) small or micro-busi23 nesses; or (4) other entities that will hire or train locally 

24 a significant percentage, defined as 50 percent or more, of 

25 the project workforce to complete such contracts: Provided 
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•HR 2029 EAH 

1 further, That in implementing this section, the Secretary 

2 shall develop written guidance to field units to ensure ac3 countability and consistent application of the authorities 

4 provided herein: Provided further, That funds appropriated 

5 under this heading may be used to reimburse the United 

6 States Fish and Wildlife Service and the National Marine 

7 Fisheries Service for the costs of carrying out their respon8 sibilities under the Endangered Species Act of 1973 (16 

9 U.S.C. 1531 et seq.) to consult and conference, as required 

10 by section 7 of such Act, in connection with wildland fire 

11 management activities: Provided further, That the Sec12 retary of the Interior may use wildland fire appropriations 

13 to enter into leases of real property with local governments, 

14 at or below fair market value, to construct capitalized im15 provements for fire facilities on such leased properties, in16 cluding but not limited to fire guard stations, retardant sta17 tions, and other initial attack and fire support facilities, 

18 and to make advance payments for any such lease or for 

19 construction activity associated with the lease: Provided 

20 further, That the Secretary of the Interior and the Secretary 

21 of Agriculture may authorize the transfer of funds appro22 priated for wildland fire management, in an aggregate 

23 amount not to exceed $50,000,000, between the Departments 

24 when such transfers would facilitate and expedite wildland 

25 fire management programs and projects: Provided further, 
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•HR 2029 EAH 

1 That funds provided for wildfire suppression shall be avail2 able for support of Federal emergency response actions: Pro3 vided further, That funds appropriated under this heading 

4 shall be available for assistance to or through the Depart5 ment of State in connection with forest and rangeland re6 search, technical information, and assistance in foreign 

7 countries, and, with the concurrence of the Secretary of 

8 State, shall be available to support forestry, wildland fire 

9 management, and related natural resource activities outside 

10 the United States and its territories and possessions, in11 cluding technical assistance, education and training, and 

12 cooperation with United States and international organiza13 tions. 

14 FLAME WILDFIRE SUPPRESSION RESERVE FUND

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses for large fire suppression oper17 ations of the Department of the Interior and as a reserve 

18 fund for suppression and Federal emergency response ac19 tivities, $177,000,000, to remain available until expended: 

20 Provided, That such amounts are only available for transfer 

21 to the ‘‘Wildland Fire Management’’ account following a 

22 declaration by the Secretary in accordance with section 502 

23 of the FLAME Act of 2009 (43 U.S.C. 1748a). 
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•HR 2029 EAH 

1 CENTRAL HAZARDOUS MATERIALS FUND

2 For necessary expenses of the Department of the Inte3 rior and any of its component offices and bureaus for the 

4 response action, including associated activities, performed 

5 pursuant to the Comprehensive Environmental Response, 

6 Compensation, and Liability Act (42 U.S.C. 9601 et seq.), 

7 $10,010,000, to remain available until expended. 

8 NATURAL RESOURCE DAMAGE ASSESSMENT AND

9 RESTORATION

10 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

11 To conduct natural resource damage assessment, res12 toration activities, and onshore oil spill preparedness by the 

13 Department of the Interior necessary to carry out the provi14 sions of the Comprehensive Environmental Response, Com15 pensation, and Liability Act (42 U.S.C. 9601 et seq.), the 

16 Federal Water Pollution Control Act (33 U.S.C. 1251 et 

17 seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), 

18 and Public Law 101–337 (16 U.S.C. 19jj et seq.), 

19 $7,767,000, to remain available until expended. 

20 WORKING CAPITAL FUND

21 For the operation and maintenance of a departmental 

22 financial and business management system, information 

23 technology improvements of general benefit to the Depart24 ment, and the consolidation of facilities and operations 

25 throughout the Department, $67,100,000, to remain avail-
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1 able until expended: Provided, That none of the funds ap2 propriated in this Act or any other Act may be used to 

3 establish reserves in the Working Capital Fund account 

4 other than for accrued annual leave and depreciation of 

5 equipment without prior approval of the Committees on Ap6 propriations of the House of Representatives and the Sen7 ate: Provided further, That the Secretary may assess reason8 able charges to State, local and tribal government employees 

9 for training services provided by the National Indian Pro10 gram Training Center, other than training related to Pub11 lic Law 93–638: Provided further, That the Secretary may 

12 lease or otherwise provide space and related facilities, 

13 equipment or professional services of the National Indian 

14 Program Training Center to State, local and tribal govern15 ment employees or persons or organizations engaged in cul16 tural, educational, or recreational activities (as defined in 

17 section 3306(a) of title 40, United States Code) at the pre18 vailing rate for similar space, facilities, equipment, or serv19 ices in the vicinity of the National Indian Program Train20 ing Center: Provided further, That all funds received pursu21 ant to the two preceding provisos shall be credited to this 

22 account, shall be available until expended, and shall be used 

23 by the Secretary for necessary expenses of the National In24 dian Program Training Center: Provided further, That the 

25 Secretary may enter into grants and cooperative agree-
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1 ments to support the Office of Natural Resource Revenue’s 

2 collection and disbursement of royalties, fees, and other 

3 mineral revenue proceeds, as authorized by law. 

4 ADMINISTRATIVE PROVISION

5 There is hereby authorized for acquisition from avail6 able resources within the Working Capital Fund, aircraft 

7 which may be obtained by donation, purchase or through 

8 available excess surplus property: Provided, That existing 

9 aircraft being replaced may be sold, with proceeds derived 

10 or trade-in value used to offset the purchase price for the 

11 replacement aircraft. 

12 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

13 (INCLUDING TRANSFERS OF FUNDS)

14 EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

15 SEC. 101. Appropriations made in this title shall be 

16 available for expenditure or transfer (within each bureau 

17 or office), with the approval of the Secretary, for the emer18 gency reconstruction, replacement, or repair of aircraft, 

19 buildings, utilities, or other facilities or equipment dam20 aged or destroyed by fire, flood, storm, or other unavoidable 

21 causes: Provided, That no funds shall be made available 

22 under this authority until funds specifically made available 

23 to the Department of the Interior for emergencies shall have 

24 been exhausted: Provided further, That all funds used pur25 suant to this section must be replenished by a supplemental 
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1 appropriation, which must be requested as promptly as pos2 sible. 

3 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

4 SEC. 102. The Secretary may authorize the expendi5 ture or transfer of any no year appropriation in this title, 

6 in addition to the amounts included in the budget programs 

7 of the several agencies, for the suppression or emergency 

8 prevention of wildland fires on or threatening lands under 

9 the jurisdiction of the Department of the Interior; for the 

10 emergency rehabilitation of burned-over lands under its ju11 risdiction; for emergency actions related to potential or ac12 tual earthquakes, floods, volcanoes, storms, or other un13 avoidable causes; for contingency planning subsequent to 

14 actual oil spills; for response and natural resource damage 

15 assessment activities related to actual oil spills or releases 

16 of hazardous substances into the environment; for the pre17 vention, suppression, and control of actual or potential 

18 grasshopper and Mormon cricket outbreaks on lands under 

19 the jurisdiction of the Secretary, pursuant to the authority 

20 in section 417(b) of Public Law 106–224 (7 U.S.C. 

21 7717(b)); for emergency reclamation projects under section 

22 410 of Public Law 95–87; and shall transfer, from any no 

23 year funds available to the Office of Surface Mining Rec24 lamation and Enforcement, such funds as may be necessary 

25 to permit assumption of regulatory authority in the event 
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1 a primacy State is not carrying out the regulatory provi2 sions of the Surface Mining Act: Provided, That appropria3 tions made in this title for wildland fire operations shall 

4 be available for the payment of obligations incurred during 

5 the preceding fiscal year, and for reimbursement to other 

6 Federal agencies for destruction of vehicles, aircraft, or 

7 other equipment in connection with their use for wildland 

8 fire operations, such reimbursement to be credited to appro9 priations currently available at the time of receipt thereof: 

10 Provided further, That for wildland fire operations, no 

11 funds shall be made available under this authority until 

12 the Secretary determines that funds appropriated for 

13 ‘‘wildland fire operations’’ and ‘‘FLAME Wildfire Suppres14 sion Reserve Fund’’ shall be exhausted within 30 days: Pro15 vided further, That all funds used pursuant to this section 

16 must be replenished by a supplemental appropriation, 

17 which must be requested as promptly as possible: Provided 

18 further, That such replenishment funds shall be used to re19 imburse, on a pro rata basis, accounts from which emer20 gency funds were transferred. 

21 AUTHORIZED USE OF FUNDS

22 SEC. 103. Appropriations made to the Department of 

23 the Interior in this title shall be available for services as 

24 authorized by section 3109 of title 5, United States Code, 

25 when authorized by the Secretary, in total amount not to 
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1 exceed $500,000; purchase and replacement of motor vehi2 cles, including specially equipped law enforcement vehicles; 

3 hire, maintenance, and operation of aircraft; hire of pas4 senger motor vehicles; purchase of reprints; payment for 

5 telephone service in private residences in the field, when au6 thorized under regulations approved by the Secretary; and 

7 the payment of dues, when authorized by the Secretary, for 

8 library membership in societies or associations which issue 

9 publications to members only or at a price to members 

10 lower than to subscribers who are not members. 

11 AUTHORIZED USE OF FUNDS, INDIAN TRUST MANAGEMENT

12 SEC. 104. Appropriations made in this Act under the 

13 headings Bureau of Indian Affairs and Bureau of Indian 

14 Education, and Office of the Special Trustee for American 

15 Indians and any unobligated balances from prior appro16 priations Acts made under the same headings shall be avail17 able for expenditure or transfer for Indian trust manage18 ment and reform activities. Total funding for historical ac19 counting activities shall not exceed amounts specifically 

20 designated in this Act for such purpose. 

21 REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN AFFAIRS

22 SEC. 105. Notwithstanding any other provision of law, 

23 the Secretary of the Interior is authorized to redistribute 

24 any Tribal Priority Allocation funds, including tribal base 

25 funds, to alleviate tribal funding inequities by transferring 
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•HR 2029 EAH 

1 funds to address identified, unmet needs, dual enrollment, 

2 overlapping service areas or inaccurate distribution meth3 odologies. No tribe shall receive a reduction in Tribal Pri4 ority Allocation funds of more than 10 percent in fiscal 

5 year 2016. Under circumstances of dual enrollment, over6 lapping service areas or inaccurate distribution methodolo7 gies, the 10 percent limitation does not apply. 

8 ELLIS, GOVERNORS, AND LIBERTY ISLANDS

9 SEC. 106. Notwithstanding any other provision of law, 

10 the Secretary of the Interior is authorized to acquire lands, 

11 waters, or interests therein including the use of all or part 

12 of any pier, dock, or landing within the State of New York 

13 and the State of New Jersey, for the purpose of operating 

14 and maintaining facilities in the support of transportation 

15 and accommodation of visitors to Ellis, Governors, and Lib16 erty Islands, and of other program and administrative ac17 tivities, by donation or with appropriated funds, including 

18 franchise fees (and other monetary consideration), or by ex19 change; and the Secretary is authorized to negotiate and 

20 enter into leases, subleases, concession contracts or other 

21 agreements for the use of such facilities on such terms and 

22 conditions as the Secretary may determine reasonable. 

23 OUTER CONTINENTAL SHELF INSPECTION FEES

24 SEC. 107. (a) In fiscal year 2016, the Secretary shall 

25 collect a nonrefundable inspection fee, which shall be depos-
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1 ited in the ‘‘Offshore Safety and Environmental Enforce2 ment’’ account, from the designated operator for facilities 

3 subject to inspection under 43 U.S.C. 1348(c). 

4 (b) Annual fees shall be collected for facilities that are 

5 above the waterline, excluding drilling rigs, and are in 

6 place at the start of the fiscal year. Fees for fiscal year 2016 

7 shall be: 

8 (1) $10,500 for facilities with no wells, but with 

9 processing equipment or gathering lines; 

10 (2) $17,000 for facilities with 1 to 10 wells, with 

11 any combination of active or inactive wells; and 

12 (3) $31,500 for facilities with more than 10 

13 wells, with any combination of active or inactive 

14 wells. 

15 (c) Fees for drilling rigs shall be assessed for all inspec16 tions completed in fiscal year 2016. Fees for fiscal year 

17 2016 shall be: 

18 (1) $30,500 per inspection for rigs operating in 

19 water depths of 500 feet or more; and 

20 (2) $16,700 per inspection for rigs operating in 

21 water depths of less than 500 feet. 

22 (d) The Secretary shall bill designated operators under 

23 subsection (b) within 60 days, with payment required with24 in 30 days of billing. The Secretary shall bill designated 

25 operators under subsection (c) within 30 days of the end 
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•HR 2029 EAH 

1 of the month in which the inspection occurred, with pay2 ment required within 30 days of billing. 

3 BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION

4 AND ENFORCEMENT REORGANIZATION

5 SEC. 108. The Secretary of the Interior, in order to 

6 implement a reorganization of the Bureau of Ocean Energy 

7 Management, Regulation and Enforcement, may transfer 

8 funds among and between the successor offices and bureaus 

9 affected by the reorganization only in conformance with the 

10 reprogramming guidelines described in the explanatory 

11 statement described in section 4 (in the matter preceding 

12 division A of this consolidated Act). 

13 CONTRACTS AND AGREEMENTS FOR WILD HORSE AND

14 BURRO HOLDING FACILITIES

15 SEC. 109. Notwithstanding any other provision of this 

16 Act, the Secretary of the Interior may enter into multiyear 

17 cooperative agreements with nonprofit organizations and 

18 other appropriate entities, and may enter into multiyear 

19 contracts in accordance with the provisions of section 3903 

20 of title 41, United States Code (except that the 5-year term 

21 restriction in subsection (a) shall not apply), for the long22 term care and maintenance of excess wild free roaming 

23 horses and burros by such organizations or entities on pri24 vate land. Such cooperative agreements and contracts may 
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•HR 2029 EAH 

1 not exceed 10 years, subject to renewal at the discretion of 

2 the Secretary. 

3 MASS MARKING OF SALMONIDS

4 SEC. 110. The United States Fish and Wildlife Service 

5 shall, in carrying out its responsibilities to protect threat6 ened and endangered species of salmon, implement a system 

7 of mass marking of salmonid stocks, intended for harvest, 

8 that are released from federally operated or federally fi9 nanced hatcheries including but not limited to fish releases 

10 of coho, chinook, and steelhead species. Marked fish must 

11 have a visible mark that can be readily identified by com12 mercial and recreational fishers. 

13 EXHAUSTION OF ADMINISTRATIVE REVIEW

14 SEC. 111. Paragraph (1) of section 122(a) of division 

15 E of Public Law 112–74 (125 Stat. 1013) is amended by 

16 striking ‘‘through 2016,’’ in the first sentence and inserting 

17 ‘‘through 2018,’’. 

18 WILD LANDS FUNDING PROHIBITION

19 SEC. 112. None of the funds made available in this 

20 Act or any other Act may be used to implement, administer, 

21 or enforce Secretarial Order No. 3310 issued by the Sec22 retary of the Interior on December 22, 2010: Provided, That 

23 nothing in this section shall restrict the Secretary’s authori24 ties under sections 201 and 202 of the Federal Land Policy 

25 and Management Act of 1976 (43 U.S.C. 1711 and 1712). 
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1 BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS

2 SEC. 113. Section 115(d) of division E of Public Law 

3 112–74 (25 U.S.C. 2000 note) is amended by striking 

4 ‘‘2017’’ and inserting ‘‘2027’’. 

5 VOLUNTEERS IN PARKS

6 SEC. 114. Section 102301(d) of title 54, United States 

7 Code, is amended by striking ‘‘$3,500,000’’ and inserting 

8 ‘‘$7,000,000’’. 

9 CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS

10 SEC. 115. Notwithstanding any other provision of law, 

11 during fiscal year 2016, in carrying out work involving co12 operation with State, local, and tribal governments or any 

13 political subdivision thereof, Indian Affairs may record ob14 ligations against accounts receivable from any such entities, 

15 except that total obligations at the end of the fiscal year 

16 shall not exceed total budgetary resources available at the 

17 end of the fiscal year. 

18 HERITAGE AREAS

19 SEC. 116. (a) Section 157(h)(1) of title I of Public Law 

20 106–291 (16 U.S.C. 461 note) is amended by striking 

21 ‘‘$11,000,000’’ and inserting ‘‘$13,000,000’’. 

22 (b) Division II of Public Law 104–333 (16 U.S.C. 461 

23 note) is amended— 
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•HR 2029 EAH 

1 (1) in sections 409(a), 508(a), and 812(a) by 

2 striking ‘‘$15,000,000’’ and inserting ‘‘$17,000,000’’; 

3 and 

4 (2) in sections 208, 310, and 607 by striking 

5 ‘‘2015’’ and inserting ‘‘2017’’. 

6 SAGE-GROUSE

7 SEC. 117. None of the funds made available by this 

8 or any other Act may be used by the Secretary of the Inte9 rior to write or issue pursuant to section 4 of the Endan10 gered Species Act of 1973 (16 U.S.C. 1533)— 

11 (1) a proposed rule for greater sage-grouse 

12 (Centrocercus urophasianus); 

13 (2) a proposed rule for the Columbia basin 

14 distinct population segment of greater sage15 grouse. 

16 ONSHORE PAY AUTHORITY EXTENSION

17 SEC. 118. For fiscal year 2016, funds made available 

18 in this title for the Bureau of Land Management and the 

19 Bureau of Indian Affairs may be used by the Secretary of 

20 the Interior to establish higher minimum rates of basic pay 

21 for employees of the Department of the Interior carrying 

22 out the inspection and regulation of onshore oil and gas 

23 operations on public lands in the Petroleum Engineer (GS– 

24 0881) and Petroleum Engineering Technician (GS–0802) 

25 job series at grades 5 through 14 at rates no greater than 
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•HR 2029 EAH 

1 25 percent above the minimum rates of basic pay normally 

2 scheduled, and such higher rates shall be consistent with 

3 subsections (e) through (h) of section 5305 of title 5, United 

4 States Code. 

5 REPUBLIC OF PALAU

6 SEC. 119. (a) IN GENERAL.—Subject to subsection (c), 

7 the United States Government, through the Secretary of the 

8 Interior shall provide to the Government of Palau for fiscal 

9 year 2016 grants in amounts equal to the annual amounts 

10 specified in subsections (a), (c), and (d) of section 211 of 

11 the Compact of Free Association between the Government 

12 of the United States of America and the Government of 

13 Palau (48 U.S.C. 1931 note) (referred to in this section as 

14 the ‘‘Compact’’). 

15 (b) PROGRAMMATIC ASSISTANCE.—Subject to sub16 section (c), the United States shall provide programmatic 

17 assistance to the Republic of Palau for fiscal year 2016 in 

18 amounts equal to the amounts provided in subsections (a) 

19 and (b)(1) of section 221 of the Compact. 

20 (c) LIMITATIONS ON ASSISTANCE.— 

21 (1) IN GENERAL.—The grants and programmatic 

22 assistance provided under subsections (a) and (b) 

23 shall be provided to the same extent and in the same 

24 manner as the grants and assistance were provided in 

25 fiscal year 2009. 
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•HR 2029 EAH 

1 (2) TRUST FUND.—If the Government of Palau 

2 withdraws more than $5,000,000 from the trust fund 

3 established under section 211(f) of the Compact, 

4 amounts to be provided under subsections (a) and (b) 

5 shall be withheld from the Government of Palau. 

6 WILDLIFE RESTORATION EXTENSION OF INVESTMENT OF

7 UNEXPENDED AMOUNTS

8 SEC. 120. Section 3(b)(2)(C) of the Pittman-Robertson 

9 Wildlife Restoration Act (16 U.S.C. 669b(b)(2)(C)) is 

10 amended by striking ‘‘2016’’ and inserting ‘‘2026’’. 

11 PROHIBITION ON USE OF FUNDS

12 SEC. 121. (a) Any proposed new use of the Arizona 

13 & California Railroad Company’s Right of Way for convey14 ance of water shall not proceed unless the Secretary of the 

15 Interior certifies that the proposed new use is within the 

16 scope of the Right of Way. 

17 (b) No funds appropriated or otherwise made available 

18 to the Department of the Interior may be used, in relation 

19 to any proposal to store water underground for the purpose 

20 of export, for approval of any right-of-way or similar au21 thorization on the Mojave National Preserve or lands man22 aged by the Needles Field Office of the Bureau of Land Man23 agement, or for carrying out any activities associated with 

24 such right-of-way or similar approval. 
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•HR 2029 EAH 

1 TITLE II 

2 ENVIRONMENTAL PROTECTION AGENCY 

3 SCIENCE AND TECHNOLOGY

4 For science and technology, including research and de5 velopment activities, which shall include research and devel6 opment activities under the Comprehensive Environmental 

7 Response, Compensation, and Liability Act of 1980; nec8 essary expenses for personnel and related costs and travel 

9 expenses; procurement of laboratory equipment and sup10 plies; and other operating expenses in support of research 

11 and development, $734,648,000, to remain available until 

12 September 30, 2017: Provided, That of the funds included 

13 under this heading, $14,100,000 shall be for Research: Na14 tional Priorities as specified in the explanatory statement 

15 described in section 4 (in the matter preceding division A 

16 of this consolidated Act). 

17 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

18 For environmental programs and management, in19 cluding necessary expenses, not otherwise provided for, for 

20 personnel and related costs and travel expenses; hire of pas21 senger motor vehicles; hire, maintenance, and operation of 

22 aircraft; purchase of reprints; library memberships in soci23 eties or associations which issue publications to members 

24 only or at a price to members lower than to subscribers 

25 who are not members; administrative costs of the 
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1 brownfields program under the Small Business Liability 

2 Relief and Brownfields Revitalization Act of 2002; and not 

3 to exceed $9,000 for official reception and representation 

4 expenses, $2,613,679,000, to remain available until Sep5 tember 30, 2017: Provided, That of the funds included under 

6 this heading, $12,700,000 shall be for Environmental Pro7 tection: National Priorities as specified in the explanatory 

8 statement described in section 4 (in the matter preceding 

9 division A of this consolidated Act): Provided further, That 

10 of the funds included under this heading, $427,737,000 shall 

11 be for Geographic Programs specified in the explanatory 

12 statement described in section 4 (in the matter preceding 

13 division A of this consolidated Act). 

14 HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM

15 FUND

16 For necessary expenses to carry out section 3024 of the 

17 Solid Waste Disposal Act (42 U.S.C. 6939g), including the 

18 development, operation, maintenance, and upgrading of the 

19 hazardous waste electronic manifest system established by 

20 such section, $3,674,000, to remain available until Sep21 tember 30, 2018. 

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector Gen24 eral in carrying out the provisions of the Inspector General 
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•HR 2029 EAH 

1 Act of 1978, $41,489,000, to remain available until Sep2 tember 30, 2017. 

3 BUILDINGS AND FACILITIES

4 For construction, repair, improvement, extension, al5 teration, and purchase of fixed equipment or facilities of, 

6 or for use by, the Environmental Protection Agency, 

7 $42,317,000, to remain available until expended. 

8 HAZARDOUS SUBSTANCE SUPERFUND

9 (INCLUDING TRANSFERS OF FUNDS)

10 For necessary expenses to carry out the Comprehensive 

11 Environmental Response, Compensation, and Liability Act 

12 of 1980 (CERCLA), including sections 111(c)(3), (c)(5), 

13 (c)(6), and (e)(4) (42 U.S.C. 9611) $1,088,769,000, to re14 main available until expended, consisting of such sums as 

15 are available in the Trust Fund on September 30, 2015, 

16 as authorized by section 517(a) of the Superfund Amend17 ments and Reauthorization Act of 1986 (SARA) and up 

18 to $1,088,769,000 as a payment from general revenues to 

19 the Hazardous Substance Superfund for purposes as au20 thorized by section 517(b) of SARA: Provided, That funds 

21 appropriated under this heading may be allocated to other 

22 Federal agencies in accordance with section 111(a) of 

23 CERCLA: Provided further, That of the funds appropriated 

24 under this heading, $9,939,000 shall be paid to the ‘‘Office 

25 of Inspector General’’ appropriation to remain available 
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•HR 2029 EAH 

1 until September 30, 2017, and $18,850,000 shall be paid 

2 to the ‘‘Science and Technology’’ appropriation to remain 

3 available until September 30, 2017. 

4 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

5 PROGRAM

6 For necessary expenses to carry out leaking under7 ground storage tank cleanup activities authorized by sub8 title I of the Solid Waste Disposal Act, $91,941,000, to re9 main available until expended, of which $66,572,000 shall 

10 be for carrying out leaking underground storage tank clean11 up activities authorized by section 9003(h) of the Solid 

12 Waste Disposal Act; $25,369,000 shall be for carrying out 

13 the other provisions of the Solid Waste Disposal Act speci14 fied in section 9508(c) of the Internal Revenue Code: Pro15 vided, That the Administrator is authorized to use appro16 priations made available under this heading to implement 

17 section 9013 of the Solid Waste Disposal Act to provide fi18 nancial assistance to federally recognized Indian tribes for 

19 the development and implementation of programs to man20 age underground storage tanks. 

21 INLAND OIL SPILL PROGRAMS

22 For expenses necessary to carry out the Environmental 

23 Protection Agency’s responsibilities under the Oil Pollution 

24 Act of 1990, $18,209,000, to be derived from the Oil Spill 

25 Liability trust fund, to remain available until expended. 
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1 STATE AND TRIBAL ASSISTANCE GRANTS

2 For environmental programs and infrastructure as3 sistance, including capitalization grants for State revolving 

4 funds and performance partnership grants, $3,518,161,000, 

5 to remain available until expended, of which— 

6 (1) $1,393,887,000 shall be for making capital7 ization grants for the Clean Water State Revolving 

8 Funds under title VI of the Federal Water Pollution 

9 Control Act; and of which $863,233,000 shall be for 

10 making capitalization grants for the Drinking Water 

11 State Revolving Funds under section 1452 of the Safe 

12 Drinking Water Act: Provided, That for fiscal year 

13 2016, to the extent there are sufficient eligible project 

14 applications and projects are consistent with State 

15 Intended Use Plans, not less than 10 percent of the 

16 funds made available under this title to each State for 

17 Clean Water State Revolving Fund capitalization 

18 grants shall be used by the State for projects to ad19 dress green infrastructure, water or energy efficiency 

20 improvements, or other environmentally innovative 

21 activities: Provided further, That for fiscal year 2016, 

22 funds made available under this title to each State for 

23 Drinking Water State Revolving Fund capitalization 

24 grants may, at the discretion of each State, be used 

25 for projects to address green infrastructure, water or 
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•HR 2029 EAH 

1 energy efficiency improvements, or other environ2 mentally innovative activities: Provided further, That 

3 notwithstanding section 603(d)(7) of the Federal 

4 Water Pollution Control Act, the limitation on the 

5 amounts in a State water pollution control revolving 

6 fund that may be used by a State to administer the 

7 fund shall not apply to amounts included as prin8 cipal in loans made by such fund in fiscal year 2016 

9 and prior years where such amounts represent costs 

10 of administering the fund to the extent that such 

11 amounts are or were deemed reasonable by the Ad12 ministrator, accounted for separately from other as13 sets in the fund, and used for eligible purposes of the 

14 fund, including administration: Provided further, 

15 That for fiscal year 2016, notwithstanding the limita16 tion on amounts in section 518(c) of the Federal 

17 Water Pollution Control Act, up to a total of 2 per18 cent of the funds appropriated, or $30,000,000, 

19 whichever is greater, and notwithstanding the limita20 tion on amounts in section 1452(i) of the Safe Drink21 ing Water Act, up to a total of 2 percent of the funds 

22 appropriated, or $20,000,000, whichever is greater, 

23 for State Revolving Funds under such Acts may be re24 served by the Administrator for grants under section 

25 518(c) and section 1452(i) of such Acts: Provided fur-
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•HR 2029 EAH 

1 ther, That for fiscal year 2016, notwithstanding the 

2 amounts specified in section 205(c) of the Federal 

3 Water Pollution Control Act, up to 1.5 percent of the 

4 aggregate funds appropriated for the Clean Water 

5 State Revolving Fund program under the Act less any 

6 sums reserved under section 518(c) of the Act, may be 

7 reserved by the Administrator for grants made under 

8 title II of the Federal Water Pollution Control Act for 

9 American Samoa, Guam, the Commonwealth of the 

10 Northern Marianas, and United States Virgin Is11 lands: Provided further, That for fiscal year 2016, 

12 notwithstanding the limitations on amounts specified 

13 in section 1452(j) of the Safe Drinking Water Act, up 

14 to 1.5 percent of the funds appropriated for the 

15 Drinking Water State Revolving Fund programs 

16 under the Safe Drinking Water Act may be reserved 

17 by the Administrator for grants made under section 

18 1452(j) of the Safe Drinking Water Act: Provided fur19 ther, That 10 percent of the funds made available 

20 under this title to each State for Clean Water State 

21 Revolving Fund capitalization grants and 20 percent 

22 of the funds made available under this title to each 

23 State for Drinking Water State Revolving Fund cap24 italization grants shall be used by the State to pro25 vide additional subsidy to eligible recipients in the 
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•HR 2029 EAH 

1 form of forgiveness of principal, negative interest 

2 loans, or grants (or any combination of these), and 

3 shall be so used by the State only where such funds 

4 are provided as initial financing for an eligible re5 cipient or to buy, refinance, or restructure the debt 

6 obligations of eligible recipients only where such debt 

7 was incurred on or after the date of enactment of this 

8 Act; 

9 (2) $10,000,000 shall be for architectural, engi10 neering, planning, design, construction and related 

11 activities in connection with the construction of high 

12 priority water and wastewater facilities in the area 

13 of the United States-Mexico Border, after consultation 

14 with the appropriate border commission; Provided, 

15 That no funds provided by this appropriations Act to 

16 address the water, wastewater and other critical in17 frastructure needs of the colonias in the United States 

18 along the United States-Mexico border shall be made 

19 available to a county or municipal government unless 

20 that government has established an enforceable local 

21 ordinance, or other zoning rule, which prevents in 

22 that jurisdiction the development or construction of 

23 any additional colonia areas, or the development 

24 within an existing colonia the construction of any 
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•HR 2029 EAH 

1 new home, business, or other structure which lacks 

2 water, wastewater, or other necessary infrastructure; 

3 (3) $20,000,000 shall be for grants to the State 

4 of Alaska to address drinking water and wastewater 

5 infrastructure needs of rural and Alaska Native Vil6 lages: Provided, That of these funds: (A) the State of 

7 Alaska shall provide a match of 25 percent; (B) no 

8 more than 5 percent of the funds may be used for ad9 ministrative and overhead expenses; and (C) the State 

10 of Alaska shall make awards consistent with the 

11 Statewide priority list established in conjunction with 

12 the Agency and the U.S. Department of Agriculture 

13 for all water, sewer, waste disposal, and similar 

14 projects carried out by the State of Alaska that are 

15 funded under section 221 of the Federal Water Pollu16 tion Control Act (33 U.S.C. 1301) or the Consolidated 

17 Farm and Rural Development Act (7 U.S.C. 1921 et 

18 seq.) which shall allocate not less than 25 percent of 

19 the funds provided for projects in regional hub com20 munities; 

21 (4) $80,000,000 shall be to carry out section 

22 104(k) of the Comprehensive Environmental Re23 sponse, Compensation, and Liability Act of 1980 

24 (CERCLA), including grants, interagency agree25 ments, and associated program support costs: Pro-
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•HR 2029 EAH 

1 vided, That not more than 25 percent of the amount 

2 appropriated to carry out section 104(k) of CERCLA 

3 shall be used for site characterization, assessment, and 

4 remediation of facilities described in section 

5 101(39)(D)(ii)(II) of CERCLA; 

6 (5) $50,000,000 shall be for grants under title 

7 VII, subtitle G of the Energy Policy Act of 2005; 

8 (6) $20,000,000 shall be for targeted airshed 

9 grants in accordance with the terms and conditions 

10 of the explanatory statement described in section 4 (in 

11 the matter preceding division A of this consolidated 

12 Act); 

13 (7) $1,060,041,000 shall be for grants, including 

14 associated program support costs, to States, federally 

15 recognized tribes, interstate agencies, tribal consortia, 

16 and air pollution control agencies for multi-media or 

17 single media pollution prevention, control and abate18 ment and related activities, including activities pur19 suant to the provisions set forth under this heading 

20 in Public Law 104–134, and for making grants under 

21 section 103 of the Clean Air Act for particulate mat22 ter monitoring and data collection activities subject to 

23 terms and conditions specified by the Administrator, 

24 of which: $47,745,000 shall be for carrying out section 

25 128 of CERCLA; $9,646,000 shall be for Environ-
747 

•HR 2029 EAH 

1 mental Information Exchange Network grants, in2 cluding associated program support costs; $1,498,000 

3 shall be for grants to States under section 2007(f)(2) 

4 of the Solid Waste Disposal Act, which shall be in ad5 dition to funds appropriated under the heading 

6 ‘‘Leaking Underground Storage Tank Trust Fund 

7 Program’’ to carry out the provisions of the Solid 

8 Waste Disposal Act specified in section 9508(c) of the 

9 Internal Revenue Code other than section 9003(h) of 

10 the Solid Waste Disposal Act; $17,848,000 of the 

11 funds available for grants under section 106 of the 

12 Federal Water Pollution Control Act shall be for State 

13 participation in national- and State-level statistical 

14 surveys of water resources and enhancements to State 

15 monitoring programs: Provided, That for the period 

16 of fiscal years 2016 through 2020, notwithstanding 

17 other applicable provisions of law, the funds appro18 priated for the Indian Environmental General Assist19 ance Program shall be available to federally recog20 nized tribes for solid waste and recovered materials 

21 collection, transportation, backhaul, and disposal 

22 services; and 

23 (8) $21,000,000 shall be for grants to States and 

24 federally recognized Indian tribes for implementation 

25 of environmental programs and projects that com-
748 

•HR 2029 EAH 

1 plement existing environmental program grants, in2 cluding interagency agreements, as specified in the 

3 explanatory statement described in section 4 (in the 

4 matter preceding division A of this consolidated Act). 

5 ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL

6 PROTECTION AGENCY

7 (INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

8 For fiscal year 2016, notwithstanding 31 U.S.C. 

9 6303(1) and 6305(1), the Administrator of the Environ10 mental Protection Agency, in carrying out the Agency’s 

11 function to implement directly Federal environmental pro12 grams required or authorized by law in the absence of an 

13 acceptable tribal program, may award cooperative agree14 ments to federally recognized Indian tribes or Intertribal 

15 consortia, if authorized by their member tribes, to assist the 

16 Administrator in implementing Federal environmental 

17 programs for Indian tribes required or authorized by law, 

18 except that no such cooperative agreements may be awarded 

19 from funds designated for State financial assistance agree20 ments. 

21 The Administrator of the Environmental Protection 

22 Agency is authorized to collect and obligate pesticide reg23 istration service fees in accordance with section 33 of the 

24 Federal Insecticide, Fungicide, and Rodenticide Act, as 
749 

•HR 2029 EAH 

1 amended by Public Law 112–177, the Pesticide Registra2 tion Improvement Extension Act of 2012. 

3 Notwithstanding section 33(d)(2) of the Federal Insec4 ticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 

5 136w–8(d)(2)), the Administrator of the Environmental 

6 Protection Agency may assess fees under section 33 of 

7 FIFRA (7 U.S.C. 136w–8) for fiscal year 2016. 

8 The Administrator is authorized to transfer up to 

9 $300,000,000 of the funds appropriated for the Great Lakes 

10 Restoration Initiative under the heading ‘‘Environmental 

11 Programs and Management’’ to the head of any Federal de12 partment or agency, with the concurrence of such head, to 

13 carry out activities that would support the Great Lakes 

14 Restoration Initiative and Great Lakes Water Quality 

15 Agreement programs, projects, or activities; to enter into 

16 an interagency agreement with the head of such Federal de17 partment or agency to carry out these activities; and to 

18 make grants to governmental entities, nonprofit organiza19 tions, institutions, and individuals for planning, research, 

20 monitoring, outreach, and implementation in furtherance 

21 of the Great Lakes Restoration Initiative and the Great 

22 Lakes Water Quality Agreement. 

23 The Science and Technology, Environmental Programs 

24 and Management, Office of Inspector General, Hazardous 

25 Substance Superfund, and Leaking Underground Storage 
750 

•HR 2029 EAH 

1 Tank Trust Fund Program Accounts, are available for the 

2 construction, alteration, repair, rehabilitation, and renova3 tion of facilities provided that the cost does not exceed 

4 $150,000 per project. 

5 For fiscal year 2016, and notwithstanding section 

6 518(f) of the Federal Water Pollution Control Act (33 

7 U.S.C. 1377(f)), the Administrator is authorized to use the 

8 amounts appropriated for any fiscal year under section 319 

9 of the Act to make grants to federally recognized Indian 

10 tribes pursuant to sections 319(h) and 518(e) of that Act. 

11 The Administrator is authorized to use the amounts 

12 appropriated under the heading ‘‘Environmental Programs 

13 and Management’’ for fiscal year 2016 to provide grants 

14 to implement the Southeastern New England Watershed 

15 Restoration Program. 

16 In addition to the amounts otherwise made available 

17 in this Act for the Environmental Protection Agency, 

18 $27,000,000, to be available until September 30, 2017, to 

19 be used solely to meet Federal requirements for cybersecu20 rity implementation, including enhancing response capa21 bilities and upgrading incident management tools: Pro22 vided, That such funds shall supplement, not supplant, any 

23 other amounts made available to the Environmental Protec24 tion Agency for such purpose: Provided further, That solely 

25 for the purposes provided herein, such funds may be trans-
751 

•HR 2029 EAH 

1 ferred to and merged with any other appropriation in this 

2 Title. 

3 Of the unobligated balances available for ‘‘State and 

4 Tribal Assistance Grants’’ account, $40,000,000 are perma5 nently rescinded: Provided, That no amounts may be re6 scinded from amounts that were designated by the Congress 

7 as an emergency requirement pursuant to the Concurrent 

8 Resolution on the Budget or the Balanced Budget and 

9 Emergency Deficit Control Act of 1985. 

10 TITLE III 

11 RELATED AGENCIES 

12 DEPARTMENT OF AGRICULTURE 

13 FOREST SERVICE

14 FOREST AND RANGELAND RESEARCH

15 For necessary expenses of forest and rangeland re16 search as authorized by law, $291,000,000, to remain avail17 able until expended: Provided, That of the funds provided, 

18 $75,000,000 is for the forest inventory and analysis pro19 gram. 

20 STATE AND PRIVATE FORESTRY

21 For necessary expenses of cooperating with and pro22 viding technical and financial assistance to States, terri23 tories, possessions, and others, and for forest health manage24 ment, including treatments of pests, pathogens, and 

25 invasive or noxious plants and for restoring and rehabili-
752 

•HR 2029 EAH 

1 tating forests damaged by pests or invasive plants, coopera2 tive forestry, and education and land conservation activi3 ties and conducting an international program as author4 ized, $237,023,000, to remain available until expended, as 

5 authorized by law; of which $62,347,000 is to be derived 

6 from the Land and Water Conservation Fund. 

7 NATIONAL FOREST SYSTEM

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses of the Forest Service, not other10 wise provided for, for management, protection, improve11 ment, and utilization of the National Forest System, 

12 $1,509,364,000, to remain available until expended: Pro13 vided, That of the funds provided, $40,000,000 shall be de14 posited in the Collaborative Forest Landscape Restoration 

15 Fund for ecological restoration treatments as authorized by 

16 16 U.S.C. 7303(f): Provided further, That of the funds pro17 vided, $359,805,000 shall be for forest products: Provided 

18 further, That of the funds provided, up to $81,941,000 is 

19 for the Integrated Resource Restoration pilot program for 

20 Region 1, Region 3 and Region 4: Provided further, That 

21 of the funds provided for forest products, up to $65,560,000 

22 may be transferred to support the Integrated Resource Res23 toration pilot program in the preceding proviso: Provided 

24 further, That the Secretary of Agriculture may transfer to 

25 the Secretary of the Interior any unobligated funds appro-
753 

•HR 2029 EAH 

1 priated in a previous fiscal year for operation of the Valles 

2 Caldera National Preserve. 

3 CAPITAL IMPROVEMENT AND MAINTENANCE

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses of the Forest Service, not other6 wise provided for, $364,164,000, to remain available until 

7 expended, for construction, capital improvement, mainte8 nance and acquisition of buildings and other facilities and 

9 infrastructure; and for construction, reconstruction, decom10 missioning of roads that are no longer needed, including 

11 unauthorized roads that are not part of the transportation 

12 system, and maintenance of forest roads and trails by the 

13 Forest Service as authorized by 16 U.S.C. 532–538 and 23 

14 U.S.C. 101 and 205: Provided, That $40,000,000 shall be 

15 designated for urgently needed road decommissioning, road 

16 and trail repair and maintenance and associated activities, 

17 and removal of fish passage barriers, especially in areas 

18 where Forest Service roads may be contributing to water 

19 quality problems in streams and water bodies which sup20 port threatened, endangered, or sensitive species or commu21 nity water sources: Provided further, That funds becoming 

22 available in fiscal year 2016 under the Act of March 4, 1913 

23 (16 U.S.C. 501) shall be transferred to the General Fund 

24 of the Treasury and shall not be available for transfer or 

25 obligation for any other purpose unless the funds are appro-
754 

•HR 2029 EAH 

1 priated: Provided further, That of the funds provided for 

2 decommissioning of roads, up to $14,743,000 may be trans3 ferred to the ‘‘National Forest System’’ to support the Inte4 grated Resource Restoration pilot program. 

5 LAND ACQUISITION

6 For expenses necessary to carry out the provisions of 

7 chapter 2003 of title 54, United States Code, including ad8 ministrative expenses, and for acquisition of land or waters, 

9 or interest therein, in accordance with statutory authority 

10 applicable to the Forest Service, $63,435,000, to be derived 

11 from the Land and Water Conservation Fund and to re12 main available until expended. 

13 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

14 ACTS

15 For acquisition of lands within the exterior boundaries 

16 of the Cache, Uinta, and Wasatch National Forests, Utah; 

17 the Toiyabe National Forest, Nevada; and the Angeles, San 

18 Bernardino, Sequoia, and Cleveland National Forests, Cali19 fornia, as authorized by law, $950,000, to be derived from 

20 forest receipts. 

21 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

22 For acquisition of lands, such sums, to be derived from 

23 funds deposited by State, county, or municipal govern24 ments, public school districts, or other public school authori25 ties, and for authorized expenditures from funds deposited 
755 

•HR 2029 EAH 

1 by non-Federal parties pursuant to Land Sale and Ex2 change Acts, pursuant to the Act of December 4, 1967 (16 

3 U.S.C. 484a), to remain available until expended (16 

4 U.S.C. 516–617a, 555a; Public Law 96–586; Public Law 

5 76–589, 76–591; and Public Law 78–310). 

6 RANGE BETTERMENT FUND

7 For necessary expenses of range rehabilitation, protec8 tion, and improvement, 50 percent of all moneys received 

9 during the prior fiscal year, as fees for grazing domestic 

10 livestock on lands in National Forests in the 16 Western 

11 States, pursuant to section 401(b)(1) of Public Law 94– 

12 579, to remain available until expended, of which not to 

13 exceed 6 percent shall be available for administrative ex14 penses associated with on-the-ground range rehabilitation, 

15 protection, and improvements. 

16 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

17 RANGELAND RESEARCH

18 For expenses authorized by 16 U.S.C. 1643(b), 

19 $45,000, to remain available until expended, to be derived 

20 from the fund established pursuant to the above Act. 

21 MANAGEMENT OF NATIONAL FOREST LANDS FOR

22 SUBSISTENCE USES

23 For necessary expenses of the Forest Service to manage 

24 Federal lands in Alaska for subsistence uses under title VIII 

25 of the Alaska National Interest Lands Conservation Act 
756 

•HR 2029 EAH 

1 (Public Law 96–487), $2,500,000, to remain available until 

2 expended. 

3 WILDLAND FIRE MANAGEMENT

4 (INCLUDING TRANSFERS OF FUNDS)

5 For necessary expenses for forest fire presuppression 

6 activities on National Forest System lands, for emergency 

7 fire suppression on or adjacent to such lands or other lands 

8 under fire protection agreement, hazardous fuels manage9 ment on or adjacent to such lands, emergency rehabilitation 

10 of burned-over National Forest System lands and water, 

11 and for State and volunteer fire assistance, $2,386,329,000, 

12 to remain available until expended: Provided, That such 

13 funds including unobligated balances under this heading, 

14 are available for repayment of advances from other appro15 priations accounts previously transferred for such purposes: 

16 Provided further, That such funds shall be available to re17 imburse State and other cooperating entities for services 

18 provided in response to wildfire and other emergencies or 

19 disasters to the extent such reimbursements by the Forest 

20 Service for non-fire emergencies are fully repaid by the re21 sponsible emergency management agency: Provided further, 

22 That, notwithstanding any other provision of law, 

23 $6,914,000 of funds appropriated under this appropriation 

24 shall be available for the Forest Service in support of fire 

25 science research authorized by the Joint Fire Science Pro-
757 

•HR 2029 EAH 

1 gram, including all Forest Service authorities for the use 

2 of funds, such as contracts, grants, research joint venture 

3 agreements, and cooperative agreements: Provided further, 

4 That all authorities for the use of funds, including the use 

5 of contracts, grants, and cooperative agreements, available 

6 to execute the Forest and Rangeland Research appropria7 tion, are also available in the utilization of these funds for 

8 Fire Science Research: Provided further, That funds pro9 vided shall be available for emergency rehabilitation and 

10 restoration, hazardous fuels management activities, support 

11 to Federal emergency response, and wildfire suppression ac12 tivities of the Forest Service: Provided further, That of the 

13 funds provided, $375,000,000 is for hazardous fuels man14 agement activities, $19,795,000 is for research activities 

15 and to make competitive research grants pursuant to the 

16 Forest and Rangeland Renewable Resources Research Act, 

17 (16 U.S.C. 1641 et seq.), $78,000,000 is for State fire assist18 ance, and $13,000,000 is for volunteer fire assistance under 

19 section 10 of the Cooperative Forestry Assistance Act of 

20 1978 (16 U.S.C. 2106): Provided further, That amounts in 

21 this paragraph may be transferred to the ‘‘National Forest 

22 System’’, and ‘‘Forest and Rangeland Research’’ accounts 

23 to fund forest and rangeland research, the Joint Fire 

24 Science Program, vegetation and watershed management, 

25 heritage site rehabilitation, and wildlife and fish habitat 
758 

•HR 2029 EAH 

1 management and restoration: Provided further, That the 

2 costs of implementing any cooperative agreement between 

3 the Federal Government and any non-Federal entity may 

4 be shared, as mutually agreed on by the affected parties: 

5 Provided further, That up to $15,000,000 of the funds pro6 vided herein may be used by the Secretary of Agriculture 

7 to enter into procurement contracts or cooperative agree8 ments or to issue grants for hazardous fuels management 

9 activities and for training or monitoring associated with 

10 such hazardous fuels management activities on Federal land 

11 or on non-Federal land if the Secretary determines such ac12 tivities benefit resources on Federal land: Provided further, 

13 That funds made available to implement the Community 

14 Forest Restoration Act, Public Law 106–393, title VI, shall 

15 be available for use on non-Federal lands in accordance 

16 with authorities made available to the Forest Service under 

17 the ‘‘State and Private Forestry’’ appropriation: Provided 

18 further, That the Secretary of the Interior and the Secretary 

19 of Agriculture may authorize the transfer of funds appro20 priated for wildland fire management, in an aggregate 

21 amount not to exceed $50,000,000, between the Departments 

22 when such transfers would facilitate and expedite wildland 

23 fire management programs and projects: Provided further, 

24 That of the funds provided for hazardous fuels management, 

25 not to exceed $15,000,000 may be used to make grants, 
759 

•HR 2029 EAH 

1 using any authorities available to the Forest Service under 

2 the ‘‘State and Private Forestry’’ appropriation, for the 

3 purpose of creating incentives for increased use of biomass 

4 from National Forest System lands: Provided further, That 

5 funds designated for wildfire suppression, including funds 

6 transferred from the ‘‘FLAME Wildfire Suppression Re7 serve Fund’’, shall be assessed for cost pools on the same 

8 basis as such assessments are calculated against other agen9 cy programs: Provided further, That of the funds for haz10 ardous fuels management, up to $24,000,000 may be trans11 ferred to the ‘‘National Forest System’’ to support the Inte12 grated Resource Restoration pilot program. 

13 FLAME WILDFIRE SUPPRESSION RESERVE FUND

14 (INCLUDING TRANSFERS OF FUNDS)

15 For necessary expenses for large fire suppression oper16 ations of the Department of Agriculture and as a reserve 

17 fund for suppression and Federal emergency response ac18 tivities, $823,000,000, to remain available until expended: 

19 Provided, That such amounts are only available for transfer 

20 to the ‘‘Wildland Fire Management’’ account following a 

21 declaration by the Secretary in accordance with section 502 

22 of the FLAME Act of 2009 (43 U.S.C. 1748a). 
760 

•HR 2029 EAH 

1 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

2 (INCLUDING TRANSFERS OF FUNDS)

3 Appropriations to the Forest Service for the current 

4 fiscal year shall be available for: (1) purchase of passenger 

5 motor vehicles; acquisition of passenger motor vehicles from 

6 excess sources, and hire of such vehicles; purchase, lease, op7 eration, maintenance, and acquisition of aircraft to main8 tain the operable fleet for use in Forest Service wildland 

9 fire programs and other Forest Service programs; notwith10 standing other provisions of law, existing aircraft being re11 placed may be sold, with proceeds derived or trade-in value 

12 used to offset the purchase price for the replacement air13 craft; (2) services pursuant to 7 U.S.C. 2225, and not to 

14 exceed $100,000 for employment under 5 U.S.C. 3109; (3) 

15 purchase, erection, and alteration of buildings and other 

16 public improvements (7 U.S.C. 2250); (4) acquisition of 

17 land, waters, and interests therein pursuant to 7 U.S.C. 

18 428a; (5) for expenses pursuant to the Volunteers in the Na19 tional Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a 

20 note); (6) the cost of uniforms as authorized by 5 U.S.C. 

21 5901–5902; and (7) for debt collection contracts in accord22 ance with 31 U.S.C. 3718(c). 

23 Any appropriations or funds available to the Forest 

24 Service may be transferred to the Wildland Fire Manage25 ment appropriation for forest firefighting, emergency reha-
761 

•HR 2029 EAH 

1 bilitation of burned-over or damaged lands or waters under 

2 its jurisdiction, and fire preparedness due to severe burning 

3 conditions upon the Secretary’s notification of the House 

4 and Senate Committees on Appropriations that all fire sup5 pression funds appropriated under the headings ‘‘Wildland 

6 Fire Management’’ and ‘‘FLAME Wildfire Suppression Re7 serve Fund’’ will be obligated within 30 days: Provided, 

8 That all funds used pursuant to this paragraph must be 

9 replenished by a supplemental appropriation which must 

10 be requested as promptly as possible. 

11 Funds appropriated to the Forest Service shall be 

12 available for assistance to or through the Agency for Inter13 national Development in connection with forest and range14 land research, technical information, and assistance in for15 eign countries, and shall be available to support forestry 

16 and related natural resource activities outside the United 

17 States and its territories and possessions, including tech18 nical assistance, education and training, and cooperation 

19 with U.S., private, and international organizations. The 

20 Forest Service, acting for the International Program, may 

21 sign direct funding agreements with foreign governments 

22 and institutions as well as other domestic agencies (includ23 ing the U.S. Agency for International Development, the De24 partment of State, and the Millennium Challenge Corpora25 tion), U.S. private sector firms, institutions and organiza-
762 

•HR 2029 EAH 

1 tions to provide technical assistance and training programs 

2 overseas on forestry and rangeland management. 

3 Funds appropriated to the Forest Service shall be 

4 available for expenditure or transfer to the Department of 

5 the Interior, Bureau of Land Management, for removal, 

6 preparation, and adoption of excess wild horses and burros 

7 from National Forest System lands, and for the perform8 ance of cadastral surveys to designate the boundaries of such 

9 lands. 

10 None of the funds made available to the Forest Service 

11 in this Act or any other Act with respect to any fiscal year 

12 shall be subject to transfer under the provisions of section 

13 702(b) of the Department of Agriculture Organic Act of 

14 1944 (7 U.S.C. 2257), section 442 of Public Law 106–224 

15 (7 U.S.C. 7772), or section 10417(b) of Public Law 107– 

16 107 (7 U.S.C. 8316(b)). 

17 None of the funds available to the Forest Service may 

18 be reprogrammed without the advance approval of the 

19 House and Senate Committees on Appropriations in ac20 cordance with the reprogramming procedures contained in 

21 the explanatory statement described in section 4 (in the 

22 matter preceding division A of this consolidated Act). 

23 Not more than $82,000,000 of funds available to the 

24 Forest Service shall be transferred to the Working Capital 

25 Fund of the Department of Agriculture and not more than 
763 

•HR 2029 EAH 

1 $14,500,000 of funds available to the Forest Service shall 

2 be transferred to the Department of Agriculture for Depart3 ment Reimbursable Programs, commonly referred to as 

4 Greenbook charges. Nothing in this paragraph shall pro5 hibit or limit the use of reimbursable agreements requested 

6 by the Forest Service in order to obtain services from the 

7 Department of Agriculture’s National Information Tech8 nology Center and the Department of Agriculture’s Inter9 national Technology Service. 

10 Of the funds available to the Forest Service, up to 

11 $5,000,000 shall be available for priority projects within 

12 the scope of the approved budget, which shall be carried out 

13 by the Youth Conservation Corps and shall be carried out 

14 under the authority of the Public Lands Corps Act of 1993, 

15 Public Law 103–82, as amended by Public Lands Corps 

16 Healthy Forests Restoration Act of 2005, Public Law 109– 

17 154. 

18 Of the funds available to the Forest Service, $4,000 is 

19 available to the Chief of the Forest Service for official recep20 tion and representation expenses. 

21 Pursuant to sections 405(b) and 410(b) of Public Law 

22 101–593, of the funds available to the Forest Service, up 

23 to $3,000,000 may be advanced in a lump sum to the Na24 tional Forest Foundation to aid conservation partnership 

25 projects in support of the Forest Service mission, without 
764 

•HR 2029 EAH 

1 regard to when the Foundation incurs expenses, for projects 

2 on or benefitting National Forest System lands or related 

3 to Forest Service programs: Provided, That of the Federal 

4 funds made available to the Foundation, no more than 

5 $300,000 shall be available for administrative expenses: 

6 Provided further, That the Foundation shall obtain, by the 

7 end of the period of Federal financial assistance, private 

8 contributions to match on at least one-for-one basis funds 

9 made available by the Forest Service: Provided further, 

10 That the Foundation may transfer Federal funds to a Fed11 eral or a non-Federal recipient for a project at the same 

12 rate that the recipient has obtained the non-Federal match13 ing funds. 

14 Pursuant to section 2(b)(2) of Public Law 98–244, up 

15 to $3,000,000 of the funds available to the Forest Service 

16 may be advanced to the National Fish and Wildlife Foun17 dation in a lump sum to aid cost-share conservation 

18 projects, without regard to when expenses are incurred, on 

19 or benefitting National Forest System lands or related to 

20 Forest Service programs: Provided, That such funds shall 

21 be matched on at least a one-for-one basis by the Founda22 tion or its sub-recipients: Provided further, That the Foun23 dation may transfer Federal funds to a Federal or non24 Federal recipient for a project at the same rate that the 

25 recipient has obtained the non-Federal matching funds. 
765 

•HR 2029 EAH 

1 Funds appropriated to the Forest Service shall be 

2 available for interactions with and providing technical as3 sistance to rural communities and natural resource-based 

4 businesses for sustainable rural development purposes. 

5 Funds appropriated to the Forest Service shall be 

6 available for payments to counties within the Columbia 

7 River Gorge National Scenic Area, pursuant to section 

8 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

9 663. 

10 Any funds appropriated to the Forest Service may be 

11 used to meet the non-Federal share requirement in section 

12 502(c) of the Older Americans Act of 1965 (42 U.S.C. 

13 3056(c)(2)). 

14 Funds available to the Forest Service, not to exceed 

15 $65,000,000, shall be assessed for the purpose of performing 

16 fire, administrative and other facilities maintenance and 

17 decommissioning. Such assessments shall occur using a 

18 square foot rate charged on the same basis the agency uses 

19 to assess programs for payment of rent, utilities, and other 

20 support services. 

21 Notwithstanding any other provision of law, any ap22 propriations or funds available to the Forest Service not 

23 to exceed $500,000 may be used to reimburse the Office of 

24 the General Counsel (OGC), Department of Agriculture, for 

25 travel and related expenses incurred as a result of OGC as-
766 

•HR 2029 EAH 

1 sistance or participation requested by the Forest Service at 

2 meetings, training sessions, management reviews, land pur3 chase negotiations and similar nonlitigation-related mat4 ters. Future budget justifications for both the Forest Service 

5 and the Department of Agriculture should clearly display 

6 the sums previously transferred and the requested funding 

7 transfers. 

8 An eligible individual who is employed in any project 

9 funded under title V of the Older Americans Act of 1965 

10 (42 U.S.C. 3056 et seq.) and administered by the Forest 

11 Service shall be considered to be a Federal employee for pur12 poses of chapter 171 of title 28, United States Code. 

13 DEPARTMENT OF HEALTH AND HUMAN 

14 SERVICES 

15 INDIAN HEALTH SERVICE

16 INDIAN HEALTH SERVICES

17 For expenses necessary to carry out the Act of August 

18 5, 1954 (68 Stat. 674), the Indian Self-Determination and 

19 Education Assistance Act, the Indian Health Care Improve20 ment Act, and titles II and III of the Public Health Service 

21 Act with respect to the Indian Health Service, 

22 $3,566,387,000, together with payments received during the 

23 fiscal year pursuant to 42 U.S.C. 238(b) and 238b, for serv24 ices furnished by the Indian Health Service: Provided, That 

25 funds made available to tribes and tribal organizations 
767 

•HR 2029 EAH 

1 through contracts, grant agreements, or any other agree2 ments or compacts authorized by the Indian Self-Deter3 mination and Education Assistance Act of 1975 (25 U.S.C. 

4 450), shall be deemed to be obligated at the time of the grant 

5 or contract award and thereafter shall remain available to 

6 the tribe or tribal organization without fiscal year limita7 tion: Provided further, That, $914,139,000 for Purchased/ 

8 Referred Care, including $51,500,000 for the Indian Cata9 strophic Health Emergency Fund, shall remain available 

10 until expended: Provided further, That, of the funds pro11 vided, up to $36,000,000 shall remain available until ex12 pended for implementation of the loan repayment program 

13 under section 108 of the Indian Health Care Improvement 

14 Act: Provided further, That, of the funds provided, 

15 $2,000,000 shall be used to supplement funds available for 

16 operational costs at tribal clinics operated under an Indian 

17 Self-Determination and Education Assistance Act compact 

18 or contract where health care is delivered in space acquired 

19 through a full service lease, which is not eligible for mainte20 nance and improvement and equipment funds from the In21 dian Health Service, and $2,000,000 shall be for accredita22 tion emergencies: Provided further, That the amounts col23 lected by the Federal Government as authorized by sections 

24 104 and 108 of the Indian Health Care Improvement Act 

25 (25 U.S.C. 1613a and 1616a) during the preceding fiscal 
768 

•HR 2029 EAH 

1 year for breach of contracts shall be deposited to the Fund 

2 authorized by section 108A of the Act (25 U.S.C. 1616a– 

3 1) and shall remain available until expended and, notwith4 standing section 108A(c) of the Act (25 U.S.C. 1616a–1(c)), 

5 funds shall be available to make new awards under the loan 

6 repayment and scholarship programs under sections 104 

7 and 108 of the Act (25 U.S.C. 1613a and 1616a): Provided 

8 further, That, notwithstanding any other provision of law, 

9 the amounts made available within this account for the 

10 methamphetamine and suicide prevention and treatment 

11 initiative, for the domestic violence prevention initiative, 

12 to improve collections from public and private insurance 

13 at Indian Health Service and tribally operated facilities, 

14 and for accreditation emergencies shall be allocated at the 

15 discretion of the Director of the Indian Health Service and 

16 shall remain available until expended: Provided further, 

17 That funds provided in this Act may be used for annual 

18 contracts and grants that fall within 2 fiscal years, pro19 vided the total obligation is recorded in the year the funds 

20 are appropriated: Provided further, That the amounts col21 lected by the Secretary of Health and Human Services 

22 under the authority of title IV of the Indian Health Care 

23 Improvement Act shall remain available until expended for 

24 the purpose of achieving compliance with the applicable 

25 conditions and requirements of titles XVIII and XIX of the 
769 

•HR 2029 EAH 

1 Social Security Act, except for those related to the planning, 

2 design, or construction of new facilities: Provided further, 

3 That funding contained herein for scholarship programs 

4 under the Indian Health Care Improvement Act (25 U.S.C. 

5 1613) shall remain available until expended: Provided fur6 ther, That amounts received by tribes and tribal organiza7 tions under title IV of the Indian Health Care Improvement 

8 Act shall be reported and accounted for and available to 

9 the receiving tribes and tribal organizations until expended: 

10 Provided further, That the Bureau of Indian Affairs may 

11 collect from the Indian Health Service, tribes and tribal or12 ganizations operating health facilities pursuant to Public 

13 Law 93–638, such individually identifiable health informa14 tion relating to disabled children as may be necessary for 

15 the purpose of carrying out its functions under the Individ16 uals with Disabilities Education Act (20 U.S.C. 1400, et 

17 seq.): Provided further, That the Indian Health Care Im18 provement Fund may be used, as needed, to carry out ac19 tivities typically funded under the Indian Health Facilities 

20 account. 

21 CONTRACT SUPPORT COSTS

22 For payments to tribes and tribal organizations for 

23 contract support costs associated with Indian Self-Deter24 mination and Education Assistance Act agreements with 

25 the Indian Health Service for fiscal year 2016, such sums 
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1 as may be necessary: Provided, That amounts obligated but 

2 not expended by a tribe or tribal organization for contract 

3 support costs for such agreements for the current fiscal year 

4 shall be applied to contract support costs otherwise due for 

5 such agreements for subsequent fiscal years: Provided fur6 ther, That, notwithstanding any other provision of law, no 

7 amounts made available under this heading shall be avail8 able for transfer to another budget account. 

9 INDIAN HEALTH FACILITIES

10 For construction, repair, maintenance, improvement, 

11 and equipment of health and related auxiliary facilities, in12 cluding quarters for personnel; preparation of plans, speci13 fications, and drawings; acquisition of sites, purchase and 

14 erection of modular buildings, and purchases of trailers; 

15 and for provision of domestic and community sanitation 

16 facilities for Indians, as authorized by section 7 of the Act 

17 of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter18 mination Act, and the Indian Health Care Improvement 

19 Act, and for expenses necessary to carry out such Acts and 

20 titles II and III of the Public Health Service Act with re21 spect to environmental health and facilities support activi22 ties of the Indian Health Service, $523,232,000, to remain 

23 available until expended: Provided, That, notwithstanding 

24 any other provision of law, funds appropriated for the plan25 ning, design, construction, renovation or expansion of 
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•HR 2029 EAH 

1 health facilities for the benefit of an Indian tribe or tribes 

2 may be used to purchase land on which such facilities will 

3 be located: Provided further, That not to exceed $500,000 

4 may be used by the Indian Health Service to purchase 

5 TRANSAM equipment from the Department of Defense for 

6 distribution to the Indian Health Service and tribal facili7 ties: Provided further, That none of the funds appropriated 

8 to the Indian Health Service may be used for sanitation 

9 facilities construction for new homes funded with grants by 

10 the housing programs of the United States Department of 

11 Housing and Urban Development: Provided further, That 

12 not to exceed $2,700,000 from this account and the ‘‘Indian 

13 Health Services’’ account may be used by the Indian Health 

14 Service to obtain ambulances for the Indian Health Service 

15 and tribal facilities in conjunction with an existing inter16 agency agreement between the Indian Health Service and 

17 the General Services Administration: Provided further, 

18 That not to exceed $500,000 may be placed in a Demolition 

19 Fund, to remain available until expended, and be used by 

20 the Indian Health Service for the demolition of Federal 

21 buildings. 

22 ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE

23 Appropriations provided in this Act to the Indian 

24 Health Service shall be available for services as authorized 

25 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 
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•HR 2029 EAH 

1 equivalent to the maximum rate payable for senior-level po2 sitions under 5 U.S.C. 5376; hire of passenger motor vehi3 cles and aircraft; purchase of medical equipment; purchase 

4 of reprints; purchase, renovation and erection of modular 

5 buildings and renovation of existing facilities; payments for 

6 telephone service in private residences in the field, when au7 thorized under regulations approved by the Secretary; uni8 forms or allowances therefor as authorized by 5 U.S.C. 

9 5901–5902; and for expenses of attendance at meetings that 

10 relate to the functions or activities of the Indian Health 

11 Service: Provided, That in accordance with the provisions 

12 of the Indian Health Care Improvement Act, non-Indian 

13 patients may be extended health care at all tribally admin14 istered or Indian Health Service facilities, subject to 

15 charges, and the proceeds along with funds recovered under 

16 the Federal Medical Care Recovery Act (42 U.S.C. 2651– 

17 2653) shall be credited to the account of the facility pro18 viding the service and shall be available without fiscal year 

19 limitation: Provided further, That notwithstanding any 

20 other law or regulation, funds transferred from the Depart21 ment of Housing and Urban Development to the Indian 

22 Health Service shall be administered under Public Law 86– 

23 121, the Indian Sanitation Facilities Act and Public Law 

24 93–638: Provided further, That funds appropriated to the 

25 Indian Health Service in this Act, except those used for ad-
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•HR 2029 EAH 

1 ministrative and program direction purposes, shall not be 

2 subject to limitations directed at curtailing Federal travel 

3 and transportation: Provided further, That none of the 

4 funds made available to the Indian Health Service in this 

5 Act shall be used for any assessments or charges by the De6 partment of Health and Human Services unless identified 

7 in the budget justification and provided in this Act, or ap8 proved by the House and Senate Committees on Appropria9 tions through the reprogramming process: Provided further, 

10 That notwithstanding any other provision of law, funds 

11 previously or herein made available to a tribe or tribal or12 ganization through a contract, grant, or agreement author13 ized by title I or title V of the Indian Self-Determination 

14 and Education Assistance Act of 1975 (25 U.S.C. 450), may 

15 be deobligated and reobligated to a self-determination con16 tract under title I, or a self-governance agreement under 

17 title V of such Act and thereafter shall remain available 

18 to the tribe or tribal organization without fiscal year limi19 tation: Provided further, That none of the funds made avail20 able to the Indian Health Service in this Act shall be used 

21 to implement the final rule published in the Federal Reg22 ister on September 16, 1987, by the Department of Health 

23 and Human Services, relating to the eligibility for the 

24 health care services of the Indian Health Service until the 

25 Indian Health Service has submitted a budget request re-
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•HR 2029 EAH 

1 flecting the increased costs associated with the proposed 

2 final rule, and such request has been included in an appro3 priations Act and enacted into law: Provided further, That 

4 with respect to functions transferred by the Indian Health 

5 Service to tribes or tribal organizations, the Indian Health 

6 Service is authorized to provide goods and services to those 

7 entities on a reimbursable basis, including payments in ad8 vance with subsequent adjustment, and the reimbursements 

9 received therefrom, along with the funds received from those 

10 entities pursuant to the Indian Self-Determination Act, 

11 may be credited to the same or subsequent appropriation 

12 account from which the funds were originally derived, with 

13 such amounts to remain available until expended: Provided 

14 further, That reimbursements for training, technical assist15 ance, or services provided by the Indian Health Service will 

16 contain total costs, including direct, administrative, and 

17 overhead associated with the provision of goods, services, or 

18 technical assistance: Provided further, That the appropria19 tion structure for the Indian Health Service may not be 

20 altered without advance notification to the House and Sen21 ate Committees on Appropriations: Provided further, That 

22 the Indian Health Service shall develop a strategic plan for 

23 the Urban Indian Health program in consultation with 

24 urban Indians and the National Academy of Public Admin-
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•HR 2029 EAH 

1 istration, and shall publish such plan not later than one 

2 year after the date of enactment of this Act. 

3 NATIONAL INSTITUTES OF HEALTH

4 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

5 SCIENCES

6 For necessary expenses for the National Institute of 

7 Environmental Health Sciences in carrying out activities 

8 set forth in section 311(a) of the Comprehensive Environ9 mental Response, Compensation, and Liability Act of 1980 

10 (42 U.S.C. 9660(a)) and section 126(g) of the Superfund 

11 Amendments and Reauthorization Act of 1986, 

12 $77,349,000. 

13 AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

14 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

15 For necessary expenses for the Agency for Toxic Sub16 stances and Disease Registry (ATSDR) in carrying out ac17 tivities set forth in sections 104(i) and 111(c)(4) of the 

18 Comprehensive Environmental Response, Compensation, 

19 and Liability Act of 1980 (CERCLA) and section 3019 of 

20 the Solid Waste Disposal Act, $74,691,000, of which up to 

21 $1,000 per eligible employee of the Agency for Toxic Sub22 stances and Disease Registry shall remain available until 

23 expended for Individual Learning Accounts: Provided, That 

24 notwithstanding any other provision of law, in lieu of per25 forming a health assessment under section 104(i)(6) of 
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•HR 2029 EAH 

1 CERCLA, the Administrator of ATSDR may conduct other 

2 appropriate health studies, evaluations, or activities, in3 cluding, without limitation, biomedical testing, clinical 

4 evaluations, medical monitoring, and referral to accredited 

5 healthcare providers: Provided further, That in performing 

6 any such health assessment or health study, evaluation, or 

7 activity, the Administrator of ATSDR shall not be bound 

8 by the deadlines in section 104(i)(6)(A) of CERCLA: Pro9 vided further, That none of the funds appropriated under 

10 this heading shall be available for ATSDR to issue in excess 

11 of 40 toxicological profiles pursuant to section 104(i) of 

12 CERCLA during fiscal year 2016, and existing profiles 

13 may be updated as necessary. 

14 OTHER RELATED AGENCIES 

15 EXECUTIVE OFFICE OF THE PRESIDENT

16 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

17 ENVIRONMENTAL QUALITY

18 For necessary expenses to continue functions assigned 

19 to the Council on Environmental Quality and Office of En20 vironmental Quality pursuant to the National Environ21 mental Policy Act of 1969, the Environmental Quality Im22 provement Act of 1970, and Reorganization Plan No. 1 of 

23 1977, and not to exceed $750 for official reception and rep24 resentation expenses, $3,000,000: Provided, That notwith25 standing section 202 of the National Environmental Policy 
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•HR 2029 EAH 

1 Act of 1970, the Council shall consist of one member, ap2 pointed by the President, by and with the advice and con3 sent of the Senate, serving as chairman and exercising all 

4 powers, functions, and duties of the Council. 

5 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

6 SALARIES AND EXPENSES

7 For necessary expenses in carrying out activities pur8 suant to section 112(r)(6) of the Clean Air Act, including 

9 hire of passenger vehicles, uniforms or allowances therefor, 

10 as authorized by 5 U.S.C. 5901–5902, and for services au11 thorized by 5 U.S.C. 3109 but at rates for individuals not 

12 to exceed the per diem equivalent to the maximum rate pay13 able for senior level positions under 5 U.S.C. 5376, 

14 $11,000,000: Provided, That the Chemical Safety and Haz15 ard Investigation Board (Board) shall have not more than 

16 three career Senior Executive Service positions: Provided 

17 further, That notwithstanding any other provision of law, 

18 the individual appointed to the position of Inspector Gen19 eral of the Environmental Protection Agency (EPA) shall, 

20 by virtue of such appointment, also hold the position of In21 spector General of the Board: Provided further, That not22 withstanding any other provision of law, the Inspector Gen23 eral of the Board shall utilize personnel of the Office of In24 spector General of EPA in performing the duties of the In-
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•HR 2029 EAH 

1 spector General of the Board, and shall not appoint any 

2 individuals to positions within the Board. 

3 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses of the Office of Navajo and 

7 Hopi Indian Relocation as authorized by Public Law 93– 

8 531, $15,000,000, to remain available until expended: Pro9 vided, That funds provided in this or any other appropria10 tions Act are to be used to relocate eligible individuals and 

11 groups including evictees from District 6, Hopi-partitioned 

12 lands residents, those in significantly substandard housing, 

13 and all others certified as eligible and not included in the 

14 preceding categories: Provided further, That none of the 

15 funds contained in this or any other Act may be used by 

16 the Office of Navajo and Hopi Indian Relocation to evict 

17 any single Navajo or Navajo family who, as of November 

18 30, 1985, was physically domiciled on the lands partitioned 

19 to the Hopi Tribe unless a new or replacement home is pro20 vided for such household: Provided further, That no 

21 relocatee will be provided with more than one new or re22 placement home: Provided further, That the Office shall re23 locate any certified eligible relocatees who have selected and 

24 received an approved homesite on the Navajo reservation 

25 or selected a replacement residence off the Navajo reserva-
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•HR 2029 EAH 

1 tion or on the land acquired pursuant to 25 U.S.C. 640d– 

2 10: Provided further, That $200,000 shall be transferred to 

3 the Office of Inspector General of the Department of the In4 terior, to remain available until expended, for audits and 

5 investigations of the Office of Navajo and Hopi Indian Re6 location, consistent with the Inspector General Act of 1978 

7 (5 U.S.C. App.). 

8 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

9 CULTURE AND ARTS DEVELOPMENT

10 PAYMENT TO THE INSTITUTE

11 For payment to the Institute of American Indian and 

12 Alaska Native Culture and Arts Development, as authorized 

13 by title XV of Public Law 99–498 (20 U.S.C. 56 part A), 

14 $11,619,000, to remain available until September 30, 2017. 

15 SMITHSONIAN INSTITUTION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Smithsonian Institution, 

18 as authorized by law, including research in the fields of art, 

19 science, and history; development, preservation, and docu20 mentation of the National Collections; presentation of pub21 lic exhibits and performances; collection, preparation, dis22 semination, and exchange of information and publications; 

23 conduct of education, training, and museum assistance pro24 grams; maintenance, alteration, operation, lease agreements 

25 of no more than 30 years, and protection of buildings, fa-
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•HR 2029 EAH 

1 cilities, and approaches; not to exceed $100,000 for services 

2 as authorized by 5 U.S.C. 3109; and purchase, rental, re3 pair, and cleaning of uniforms for employees, $696,045,000, 

4 to remain available until September 30, 2017, except as oth5 erwise provided herein; of which not to exceed $48,233,000 

6 for the instrumentation program, collections acquisition, 

7 exhibition reinstallation, the National Museum of African 

8 American History and Culture, and the repatriation of 

9 skeletal remains program shall remain available until ex10 pended; and including such funds as may be necessary to 

11 support American overseas research centers: Provided, That 

12 funds appropriated herein are available for advance pay13 ments to independent contractors performing research serv14 ices or participating in official Smithsonian presentations. 

15 FACILITIES CAPITAL

16 For necessary expenses of repair, revitalization, and 

17 alteration of facilities owned or occupied by the Smithso18 nian Institution, by contract or otherwise, as authorized by 

19 section 2 of the Act of August 22, 1949 (63 Stat. 623), and 

20 for construction, including necessary personnel, 

21 $144,198,000, to remain available until expended, of which 

22 not to exceed $10,000 shall be for services as authorized by 

23 5 U.S.C. 3109. 
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•HR 2029 EAH 

1 NATIONAL GALLERY OF ART

2 SALARIES AND EXPENSES

3 For the upkeep and operations of the National Gallery 

4 of Art, the protection and care of the works of art therein, 

5 and administrative expenses incident thereto, as authorized 

6 by the Act of March 24, 1937 (50 Stat. 51), as amended 

7 by the public resolution of April 13, 1939 (Public Resolu8 tion 9, Seventy-sixth Congress), including services as au9 thorized by 5 U.S.C. 3109; payment in advance when au10 thorized by the treasurer of the Gallery for membership in 

11 library, museum, and art associations or societies whose 

12 publications or services are available to members only, or 

13 to members at a price lower than to the general public; pur14 chase, repair, and cleaning of uniforms for guards, and uni15 forms, or allowances therefor, for other employees as author16 ized by law (5 U.S.C. 5901–5902); purchase or rental of 

17 devices and services for protecting buildings and contents 

18 thereof, and maintenance, alteration, improvement, and re19 pair of buildings, approaches, and grounds; and purchase 

20 of services for restoration and repair of works of art for 

21 the National Gallery of Art by contracts made, without ad22 vertising, with individuals, firms, or organizations at such 

23 rates or prices and under such terms and conditions as the 

24 Gallery may deem proper, $124,988,000, to remain avail25 able until September 30, 2017, of which not to exceed 
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•HR 2029 EAH 

1 $3,578,000 for the special exhibition program shall remain 

2 available until expended. 

3 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

4 For necessary expenses of repair, restoration and ren5 ovation of buildings, grounds and facilities owned or occu6 pied by the National Gallery of Art, by contract or other7 wise, for operating lease agreements of no more than 10 

8 years, with no extensions or renewals beyond the 10 years, 

9 that address space needs created by the ongoing renovations 

10 in the Master Facilities Plan, as authorized, $22,564,000, 

11 to remain available until expended: Provided, That con12 tracts awarded for environmental systems, protection sys13 tems, and exterior repair or renovation of buildings of the 

14 National Gallery of Art may be negotiated with selected 

15 contractors and awarded on the basis of contractor quali16 fications as well as price. 

17 JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

18 OPERATIONS AND MAINTENANCE

19 For necessary expenses for the operation, maintenance 

20 and security of the John F. Kennedy Center for the Per21 forming Arts, $21,660,000. 

22 CAPITAL REPAIR AND RESTORATION

23 For necessary expenses for capital repair and restora24 tion of the existing features of the building and site of the 
783 

•HR 2029 EAH 

1 John F. Kennedy Center for the Performing Arts, 

2 $14,740,000, to remain available until expended. 

3 WOODROW WILSON INTERNATIONAL CENTER FOR

4 SCHOLARS

5 SALARIES AND EXPENSES

6 For expenses necessary in carrying out the provisions 

7 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

8 1356) including hire of passenger vehicles and services as 

9 authorized by 5 U.S.C. 3109, $10,500,000, to remain avail10 able until September 30, 2017. 

11 NATIONAL FOUNDATION ON THE ARTS AND THE

12 HUMANITIES

13 NATIONAL ENDOWMENT FOR THE ARTS

14 GRANTS AND ADMINISTRATION

15 For necessary expenses to carry out the National Foun16 dation on the Arts and the Humanities Act of 1965, 

17 $147,949,000 shall be available to the National Endowment 

18 for the Arts for the support of projects and productions in 

19 the arts, including arts education and public outreach ac20 tivities, through assistance to organizations and individuals 

21 pursuant to section 5 of the Act, for program support, and 

22 for administering the functions of the Act, to remain avail23 able until expended. 
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•HR 2029 EAH 

1 NATIONAL ENDOWMENT FOR THE HUMANITIES

2 GRANTS AND ADMINISTRATION

3 For necessary expenses to carry out the National Foun4 dation on the Arts and the Humanities Act of 1965, 

5 $147,942,000 to remain available until expended, of which 

6 $137,042,000 shall be available for support of activities in 

7 the humanities, pursuant to section 7(c) of the Act and for 

8 administering the functions of the Act; and $10,900,000 

9 shall be available to carry out the matching grants program 

10 pursuant to section 10(a)(2) of the Act, including 

11 $8,500,000 for the purposes of section 7(h): Provided, That 

12 appropriations for carrying out section 10(a)(2) shall be 

13 available for obligation only in such amounts as may be 

14 equal to the total amounts of gifts, bequests, devises of 

15 money, and other property accepted by the chairman or by 

16 grantees of the National Endowment for the Humanities 

17 under the provisions of sections 11(a)(2)(B) and 

18 11(a)(3)(B) during the current and preceding fiscal years 

19 for which equal amounts have not previously been appro20 priated. 

21 ADMINISTRATIVE PROVISIONS

22 None of the funds appropriated to the National Foun23 dation on the Arts and the Humanities may be used to 

24 process any grant or contract documents which do not in25 clude the text of 18 U.S.C. 1913: Provided, That none of 
785 

•HR 2029 EAH 

1 the funds appropriated to the National Foundation on the 

2 Arts and the Humanities may be used for official reception 

3 and representation expenses: Provided further, That funds 

4 from nonappropriated sources may be used as necessary for 

5 official reception and representation expenses: Provided fur6 ther, That the Chairperson of the National Endowment for 

7 the Arts may approve grants of up to $10,000, if in the 

8 aggregate the amount of such grants does not exceed 5 per9 cent of the sums appropriated for grantmaking purposes per 

10 year: Provided further, That such small grant actions are 

11 taken pursuant to the terms of an expressed and direct dele12 gation of authority from the National Council on the Arts 

13 to the Chairperson. 

14 COMMISSION OF FINE ARTS

15 SALARIES AND EXPENSES

16 For expenses of the Commission of Fine Arts under 

17 chapter 91 of title 40, United States Code, $2,653,000: Pro18 vided, That the Commission is authorized to charge fees to 

19 cover the full costs of its publications, and such fees shall 

20 be credited to this account as an offsetting collection, to re21 main available until expended without further appropria22 tion: Provided further, That the Commission is authorized 

23 to accept gifts, including objects, papers, artwork, drawings 

24 and artifacts, that pertain to the history and design of the 

25 Nation’s Capital or the history and activities of the Com-
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•HR 2029 EAH 

1 mission of Fine Arts, for the purpose of artistic display, 

2 study or education. 

3 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

4 For necessary expenses as authorized by Public Law 

5 99–190 (20 U.S.C. 956a), $2,000,000. 

6 ADVISORY COUNCIL ON HISTORIC PRESERVATION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Advisory Council on His9 toric Preservation (Public Law 89–665), $6,080,000. 

10 NATIONAL CAPITAL PLANNING COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the National Capital Plan13 ning Commission under chapter 87 of title 40, United 

14 States Code, including services as authorized by 5 U.S.C. 

15 3109, $8,348,000: Provided, That one-quarter of 1 percent 

16 of the funds provided under this heading may be used for 

17 official reception and representational expenses associated 

18 with hosting international visitors engaged in the planning 

19 and physical development of world capitals. 

20 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

21 HOLOCAUST MEMORIAL MUSEUM

22 For expenses of the Holocaust Memorial Museum, as 

23 authorized by Public Law 106–292 (36 U.S.C. 2301–2310), 

24 $54,000,000, of which $1,215,000 shall remain available 

25 until September 30, 2018, for the Museum’s equipment re-
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•HR 2029 EAH 

1 placement program; and of which $2,500,000 for the Muse2 um’s repair and rehabilitation program and $1,264,000 for 

3 the Museum’s outreach initiatives program shall remain 

4 available until expended. 

5 DWIGHT D. EISENHOWER MEMORIAL COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses, including the costs of construc8 tion design, of the Dwight D. Eisenhower Memorial Com9 mission, $1,000,000, to remain available until expended. 

10 TITLE IV 

11 GENERAL PROVISIONS 

12 (INCLUDING TRANSFERS OF FUNDS)

13 RESTRICTION ON USE OF FUNDS

14 SEC. 401. No part of any appropriation contained in 

15 this Act shall be available for any activity or the publica16 tion or distribution of literature that in any way tends to 

17 promote public support or opposition to any legislative pro18 posal on which Congressional action is not complete other 

19 than to communicate to Members of Congress as described 

20 in 18 U.S.C. 1913. 

21 OBLIGATION OF APPROPRIATIONS

22 SEC. 402. No part of any appropriation contained in 

23 this Act shall remain available for obligation beyond the 

24 current fiscal year unless expressly so provided herein. 
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•HR 2029 EAH 

1 DISCLOSURE OF ADMINISTRATIVE EXPENSES

2 SEC. 403. The amount and basis of estimated overhead 

3 charges, deductions, reserves or holdbacks, including work4 ing capital fund and cost pool charges, from programs, 

5 projects, activities and subactivities to support government6 wide, departmental, agency, or bureau administrative func7 tions or headquarters, regional, or central operations shall 

8 be presented in annual budget justifications and subject to 

9 approval by the Committees on Appropriations of the House 

10 of Representatives and the Senate. Changes to such esti11 mates shall be presented to the Committees on Appropria12 tions for approval. 

13 MINING APPLICATIONS

14 SEC. 404. (a) LIMITATION OF FUNDS.—None of the 

15 funds appropriated or otherwise made available pursuant 

16 to this Act shall be obligated or expended to accept or proc17 ess applications for a patent for any mining or mill site 

18 claim located under the general mining laws. 

19 (b) EXCEPTIONS.—Subsection (a) shall not apply if 

20 the Secretary of the Interior determines that, for the claim 

21 concerned (1) a patent application was filed with the Sec22 retary on or before September 30, 1994; and (2) all require23 ments established under sections 2325 and 2326 of the Re24 vised Statutes (30 U.S.C. 29 and 30) for vein or lode 

25 claims, sections 2329, 2330, 2331, and 2333 of the Revised 
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•HR 2029 EAH 

1 Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 

2 section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 

3 site claims, as the case may be, were fully complied with 

4 by the applicant by that date. 

5 (c) REPORT.—On September 30, 2017, the Secretary 

6 of the Interior shall file with the House and Senate Com7 mittees on Appropriations and the Committee on Natural 

8 Resources of the House and the Committee on Energy and 

9 Natural Resources of the Senate a report on actions taken 

10 by the Department under the plan submitted pursuant to 

11 section 314(c) of the Department of the Interior and Related 

12 Agencies Appropriations Act, 1997 (Public Law 104–208). 

13 (d) MINERAL EXAMINATIONS.—In order to process 

14 patent applications in a timely and responsible manner, 

15 upon the request of a patent applicant, the Secretary of the 

16 Interior shall allow the applicant to fund a qualified third17 party contractor to be selected by the Director of the Bureau 

18 of Land Management to conduct a mineral examination of 

19 the mining claims or mill sites contained in a patent appli20 cation as set forth in subsection (b). The Bureau of Land 

21 Management shall have the sole responsibility to choose and 

22 pay the third-party contractor in accordance with the 

23 standard procedures employed by the Bureau of Land Man24 agement in the retention of third-party contractors. 
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•HR 2029 EAH 

1 CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION

2 SEC. 405. Sections 405 and 406 of division F of the 

3 Consolidated and Further Continuing Appropriations Act, 

4 2015 (Public Law 113–235) shall continue in effect in fiscal 

5 year 2016. 

6 CONTRACT SUPPORT COSTS, FISCAL YEAR 2016 LIMITATION

7 SEC. 406. Amounts provided by this Act for fiscal year 

8 2016 under the headings ‘‘Department of Health and 

9 Human Services, Indian Health Service, Contract Support 

10 Costs’’ and ‘‘Department of the Interior, Bureau of Indian 

11 Affairs and Bureau of Indian Education, Contract Support 

12 Costs’’ are the only amounts available for contract support 

13 costs arising out of self-determination or self-governance 

14 contracts, grants, compacts, or annual funding agreements 

15 for fiscal year 2016 with the Bureau of Indian Affairs or 

16 the Indian Health Service: Provided, That such amounts 

17 provided by this Act are not available for payment of claims 

18 for contract support costs for prior years, or for repayments 

19 of payments for settlements or judgments awarding contract 

20 support costs for prior years. 

21 FOREST MANAGEMENT PLANS

22 SEC. 407. The Secretary of Agriculture shall not be 

23 considered to be in violation of subparagraph 6(f)(5)(A) of 

24 the Forest and Rangeland Renewable Resources Planning 

25 Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more 
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•HR 2029 EAH 

1 than 15 years have passed without revision of the plan for 

2 a unit of the National Forest System. Nothing in this sec3 tion exempts the Secretary from any other requirement of 

4 the Forest and Rangeland Renewable Resources Planning 

5 Act (16 U.S.C. 1600 et seq.) or any other law: Provided, 

6 That if the Secretary is not acting expeditiously and in 

7 good faith, within the funding available, to revise a plan 

8 for a unit of the National Forest System, this section shall 

9 be void with respect to such plan and a court of proper 

10 jurisdiction may order completion of the plan on an acceler11 ated basis. 

12 PROHIBITION WITHIN NATIONAL MONUMENTS

13 SEC. 408. No funds provided in this Act may be ex14 pended to conduct preleasing, leasing and related activities 

15 under either the Mineral Leasing Act (30 U.S.C. 181 et seq.) 

16 or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 

17 et seq.) within the boundaries of a National Monument es18 tablished pursuant to the Act of June 8, 1906 (16 U.S.C. 

19 431 et seq.) as such boundary existed on January 20, 2001, 

20 except where such activities are allowed under the Presi21 dential proclamation establishing such monument. 

22 LIMITATION ON TAKINGS

23 SEC. 409. Unless otherwise provided herein, no funds 

24 appropriated in this Act for the acquisition of lands or in25 terests in lands may be expended for the filing of declara-
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•HR 2029 EAH 

1 tions of taking or complaints in condemnation without the 

2 approval of the House and Senate Committees on Appro3 priations: Provided, That this provision shall not apply to 

4 funds appropriated to implement the Everglades National 

5 Park Protection and Expansion Act of 1989, or to funds 

6 appropriated for Federal assistance to the State of Florida 

7 to acquire lands for Everglades restoration purposes. 

8 TIMBER SALE REQUIREMENTS

9 SEC. 410. No timber sale in Alaska’s Region 10 shall 

10 be advertised if the indicated rate is deficit (defined as the 

11 value of the timber is not sufficient to cover all logging and 

12 stumpage costs and provide a normal profit and risk allow13 ance under the Forest Service’s appraisal process) when ap14 praised using a residual value appraisal. The western red 

15 cedar timber from those sales which is surplus to the needs 

16 of the domestic processors in Alaska, shall be made available 

17 to domestic processors in the contiguous 48 United States 

18 at prevailing domestic prices. All additional western red 

19 cedar volume not sold to Alaska or contiguous 48 United 

20 States domestic processors may be exported to foreign mar21 kets at the election of the timber sale holder. All Alaska yel22 low cedar may be sold at prevailing export prices at the 

23 election of the timber sale holder. 
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1 PROHIBITION ON NO-BID CONTRACTS

2 SEC. 411. None of the funds appropriated or otherwise 

3 made available by this Act to executive branch agencies may 

4 be used to enter into any Federal contract unless such con5 tract is entered into in accordance with the requirements 

6 of Chapter 33 of title 41, United States Code, or Chapter 

7 137 of title 10, United States Code, and the Federal Acqui8 sition Regulation, unless— 

9 (1) Federal law specifically authorizes a contract 

10 to be entered into without regard for these require11 ments, including formula grants for States, or feder12 ally recognized Indian tribes; or 

13 (2) such contract is authorized by the Indian 

14 Self-Determination and Education Assistance Act 

15 (Public Law 93–638, 25 U.S.C. 450 et seq.) or by any 

16 other Federal laws that specifically authorize a con17 tract within an Indian tribe as defined in section 

18 4(e) of that Act (25 U.S.C. 450b(e)); or 

19 (3) such contract was awarded prior to the date 

20 of enactment of this Act. 

21 POSTING OF REPORTS

22 SEC. 412. (a) Any agency receiving funds made avail23 able in this Act, shall, subject to subsections (b) and (c), 

24 post on the public website of that agency any report re25 quired to be submitted by the Congress in this or any other 
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1 Act, upon the determination by the head of the agency that 

2 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 compromises 

5 national security; or 

6 (2) the report contains proprietary information. 

7 (c) The head of the agency posting such report shall 

8 do so only after such report has been made available to the 

9 requesting Committee or Committees of Congress for no less 

10 than 45 days. 

11 NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES

12 SEC. 413. Of the funds provided to the National En13 dowment for the Arts— 

14 (1) The Chairperson shall only award a grant to 

15 an individual if such grant is awarded to such indi16 vidual for a literature fellowship, National Heritage 

17 Fellowship, or American Jazz Masters Fellowship. 

18 (2) The Chairperson shall establish procedures to 

19 ensure that no funding provided through a grant, ex20 cept a grant made to a State or local arts agency, or 

21 regional group, may be used to make a grant to any 

22 other organization or individual to conduct activity 

23 independent of the direct grant recipient. Nothing in 

24 this subsection shall prohibit payments made in ex25 change for goods and services. 
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1 (3) No grant shall be used for seasonal support 

2 to a group, unless the application is specific to the 

3 contents of the season, including identified programs 

4 or projects. 

5 NATIONAL ENDOWMENT FOR THE ARTS PROGRAM

6 PRIORITIES

7 SEC. 414. (a) In providing services or awarding finan8 cial assistance under the National Foundation on the Arts 

9 and the Humanities Act of 1965 from funds appropriated 

10 under this Act, the Chairperson of the National Endowment 

11 for the Arts shall ensure that priority is given to providing 

12 services or awarding financial assistance for projects, pro13 ductions, workshops, or programs that serve underserved 

14 populations. 

15 (b) In this section: 

16 (1) The term ‘‘underserved population’’ means a 

17 population of individuals, including urban minori18 ties, who have historically been outside the purview of 

19 arts and humanities programs due to factors such as 

20 a high incidence of income below the poverty line or 

21 to geographic isolation. 

22 (2) The term ‘‘poverty line’’ means the poverty 

23 line (as defined by the Office of Management and 

24 Budget, and revised annually in accordance with sec25 tion 673(2) of the Community Services Block Grant 
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1 Act (42 U.S.C. 9902(2))) applicable to a family of the 

2 size involved. 

3 (c) In providing services and awarding financial as4 sistance under the National Foundation on the Arts and 

5 Humanities Act of 1965 with funds appropriated by this 

6 Act, the Chairperson of the National Endowment for the 

7 Arts shall ensure that priority is given to providing services 

8 or awarding financial assistance for projects, productions, 

9 workshops, or programs that will encourage public knowl10 edge, education, understanding, and appreciation of the 

11 arts. 

12 (d) With funds appropriated by this Act to carry out 

13 section 5 of the National Foundation on the Arts and Hu14 manities Act of 1965— 

15 (1) the Chairperson shall establish a grant cat16 egory for projects, productions, workshops, or pro17 grams that are of national impact or availability or 

18 are able to tour several States; 

19 (2) the Chairperson shall not make grants ex20 ceeding 15 percent, in the aggregate, of such funds to 

21 any single State, excluding grants made under the 

22 authority of paragraph (1); 

23 (3) the Chairperson shall report to the Congress 

24 annually and by State, on grants awarded by the 
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1 Chairperson in each grant category under section 5 of 

2 such Act; and 

3 (4) the Chairperson shall encourage the use of 

4 grants to improve and support community-based 

5 music performance and education. 

6 STATUS OF BALANCES OF APPROPRIATIONS

7 SEC. 415. The Department of the Interior, the Envi8 ronmental Protection Agency, the Forest Service, and the 

9 Indian Health Service shall provide the Committees on Ap10 propriations of the House of Representatives and Senate 

11 quarterly reports on the status of balances of appropriations 

12 including all uncommitted, committed, and unobligated 

13 funds in each program and activity. 

14 REPORT ON USE OF CLIMATE CHANGE FUNDS

15 SEC. 416. Not later than 120 days after the date on 

16 which the President’s fiscal year 2017 budget request is sub17 mitted to the Congress, the President shall submit a com18 prehensive report to the Committees on Appropriations of 

19 the House of Representatives and the Senate describing in 

20 detail all Federal agency funding, domestic and inter21 national, for climate change programs, projects, and activi22 ties in fiscal years 2015 and 2016, including an accounting 

23 of funding by agency with each agency identifying climate 

24 change programs, projects, and activities and associated 

25 costs by line item as presented in the President’s Budget 
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1 Appendix, and including citations and linkages where prac2 ticable to each strategic plan that is driving funding within 

3 each climate change program, project, and activity listed 

4 in the report. 

5 PROHIBITION ON USE OF FUNDS

6 SEC. 417. Notwithstanding any other provision of law, 

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

8 Act may be used to promulgate or implement any regula9 tion requiring the issuance of permits under title V of the 

10 Clean Air Act (42 U.S.C. 7661 et seq.) for carbon dioxide, 

11 nitrous oxide, water vapor, or methane emissions resulting 

12 from biological processes associated with livestock produc13 tion. 

14 GREENHOUSE GAS REPORTING RESTRICTIONS

15 SEC. 418. Notwithstanding any other provision of law, 

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

17 may be used to implement any provision in a rule, if that 

18 provision requires mandatory reporting of greenhouse gas 

19 emissions from manure management systems. 

20 MODIFICATION OF AUTHORITIES

21 SEC. 419. (a) Section 8162(m)(3) of the Department 

22 of Defense Appropriations Act, 2000 (40 U.S.C. 8903 note; 

23 Public Law 106–79) is amended by striking ‘‘September 30, 

24 2015’’ and inserting ‘‘September 30, 2016’’. 
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1 (b) For fiscal year 2016, the authority provided by the 

2 provisos under the heading ‘‘Dwight D. Eisenhower Memo3 rial Commission—Capital Construction’’ in division E of 

4 Public Law 112–74 shall not be in effect. 

5 FUNDING PROHIBITION

6 SEC. 420. None of the funds made available by this 

7 or any other Act may be used to regulate the lead content 

8 of ammunition, ammunition components, or fishing tackle 

9 under the Toxic Substances Control Act (15 U.S.C. 2601 

10 et seq.) or any other law. 

11 CONTRACTING AUTHORITIES

12 SEC. 421. Section 412 of Division E of Public Law 

13 112–74 is amended by striking ‘‘fiscal year 2015,’’ and in14 serting ‘‘fiscal year 2017,’’. 

15 CHESAPEAKE BAY INITIATIVE

16 SEC. 422. Section 502(c) of the Chesapeake Bay Initia17 tive Act of 1998 (Public Law 105–312; 16 U.S.C. 461 note) 

18 is amended by striking ‘‘2015’’ and inserting ‘‘2017’’. 

19 EXTENSION OF GRAZING PERMITS

20 SEC. 423. The terms and conditions of section 325 of 

21 Public Law 108–108 (117 Stat. 1307), regarding grazing 

22 permits issued by the Forest Service on any lands not sub23 ject to administration under section 402 of the Federal 

24 Lands Policy and Management Act (43 U.S.C. 1752), shall 

25 remain in effect for fiscal year 2016. 
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1 USE OF AMERICAN IRON AND STEEL

2 SEC. 424. (a)(1) None of the funds made available by 

3 a State water pollution control revolving fund as authorized 

4 by section 1452 of the Safe Drinking Water Act (42 U.S.C. 

5 300j–12) shall be used for a project for the construction, 

6 alteration, maintenance, or repair of a public water system 

7 or treatment works unless all of the iron and steel products 

8 used in the project are produced in the United States. 

9 (2) In this section, the term ‘‘iron and steel’’ products 

10 means the following products made primarily of iron or 

11 steel: lined or unlined pipes and fittings, manhole covers 

12 and other municipal castings, hydrants, tanks, flanges, pipe 

13 clamps and restraints, valves, structural steel, reinforced 

14 precast concrete, and construction materials. 

15 (b) Subsection (a) shall not apply in any case or cat16 egory of cases in which the Administrator of the Environ17 mental Protection Agency (in this section referred to as the 

18 ‘‘Administrator’’) finds that— 

19 (1) applying subsection (a) would be inconsistent 

20 with the public interest; 

21 (2) iron and steel products are not produced in 

22 the United States in sufficient and reasonably avail23 able quantities and of a satisfactory quality; or 
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1 (3) inclusion of iron and steel products produced 

2 in the United States will increase the cost of the over3 all project by more than 25 percent. 

4 (c) If the Administrator receives a request for a waiver 

5 under this section, the Administrator shall make available 

6 to the public on an informal basis a copy of the request 

7 and information available to the Administrator concerning 

8 the request, and shall allow for informal public input on 

9 the request for at least 15 days prior to making a finding 

10 based on the request. The Administrator shall make the re11 quest and accompanying information available by elec12 tronic means, including on the official public Internet Web 

13 site of the Environmental Protection Agency. 

14 (d) This section shall be applied in a manner con15 sistent with United States obligations under international 

16 agreements. 

17 (e) The Administrator may retain up to 0.25 percent 

18 of the funds appropriated in this Act for the Clean and 

19 Drinking Water State Revolving Funds for carrying out the 

20 provisions described in subsection (a)(1) for management 

21 and oversight of the requirements of this section. 

22 NOTIFICATION REQUIREMENTS

23 SEC. 425. (a) DEFINITIONS.—In this section: 
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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) AFFECTED STATE.—The term ‘‘affected 

5 State’’ means any of the Great Lakes States (as de6 fined in section 118(a)(3) of the Federal Water Pollu7 tion Control Act (33 U.S.C. 1268(a)(3))). 

8 (3) DISCHARGE.—The term ‘‘discharge’’ means a 

9 discharge as defined in section 502 of the Federal 

10 Water Pollution Control Act (33 U.S.C. 1362). 

11 (4) GREAT LAKES.—The term ‘‘Great Lakes’’ 

12 means any of the waters as defined in section 

13 118(a)(3) of the Federal Water Pollution Control Act 

14 (33 U.S.C. 1268(a)(3)). 

15 (5) TREATMENT WORKS.—The term ‘‘treatment 

16 works’’ has the meaning given the term in section 212 

17 of the Federal Water Pollution Control Act (33 U.S.C. 

18 1292). 

19 (b) REQUIREMENTS.— 

20 (1) IN GENERAL.—The Administrator shall work 

21 with affected States having publicly owned treatment 

22 works that discharge to the Great Lakes to create pub23 lic notice requirements for a combined sewer overflow 

24 discharge to the Great Lakes. 
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1 (2) NOTICE REQUIREMENTS.—The notice re2 quirements referred to in paragraph (1) shall provide 

3 for— 

4 (i) the method of the notice; 

5 (ii) the contents of the notice, in accordance 

6 with paragraph (3); and 

7 (iii) requirements for public availability of 

8 the notice. 

9 (3) MINIMUM REQUIREMENTS.— 

10 (A) IN GENERAL.—The contents of the no11 tice under paragraph (1) shall include— 

12 (i) the dates and times of the applica13 ble discharge; 

14 (ii) the volume of the discharge; and 

15 (iii) a description of any public access 

16 areas impacted by the discharge. 

17 (B) CONSISTENCY.—The minimum require18 ments under this paragraph shall be consistent 

19 for all affected States. 

20 (4) ADDITIONAL REQUIREMENTS.—The Adminis21 trator shall work with the affected States to include— 

22 (A) follow-up notice requirements that pro23 vide a description of— 

24 (i) each applicable discharge; 

25 (ii) the cause of the discharge; and 
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1 (iii) plans to prevent a reoccurrence of 

2 a combined sewer overflow discharge to the 

3 Great Lakes consistent with section 402 of 

4 the Federal Water Pollution Control Act (33 

5 U.S.C. 1342) or an administrative order or 

6 consent decree under such Act; and 

7 (B) annual publication requirements that 

8 list each treatment works from which the Admin9 istrator or the affected State receive a follow-up 

10 notice. 

11 (5) TIMING.— 

12 (A) The notice and publication require13 ments described in this subsection shall be imple14 mented by not later than 2 years after the date 

15 of enactment of this Act. 

16 (B) The Administrator of the EPA may ex17 tend the implementation deadline for individual 

18 communities if the Administrator determines the 

19 community needs additional time to comply in 

20 order to avoid undue economic hardship. 

21 (6) STATE ACTION.—Nothing in this subsection 

22 prohibits an affected State from establishing a State 

23 notice requirement in the event of a discharge that is 

24 more stringent than the requirements described in this 

25 subsection. 
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1 GREAT LAKES RESTORATION INITIATIVE

2 SEC. 426. Section 118(c) of the Federal Water Pollu3 tion Control Act (33 U.S.C. 1268(c)) is amended by striking 

4 paragraph (7) and inserting the following: 

5 ‘‘(7) GREAT LAKES RESTORATION INITIATIVE.— 

6 ‘‘(A) ESTABLISHMENT.—There is estab7 lished in the Agency a Great Lakes Restoration 

8 Initiative (referred to in this paragraph as the 

9 ‘Initiative’) to carry out programs and projects 

10 for Great Lakes protection and restoration. 

11 ‘‘(B) FOCUS AREAS.—The Initiative shall 

12 prioritize programs and projects carried out in 

13 coordination with non-Federal partners and pro14 grams and projects that address priority areas 

15 each fiscal year, including— 

16 ‘‘(i) the remediation of toxic substances 

17 and areas of concern; 

18 ‘‘(ii) the prevention and control of 

19 invasive species and the impacts of invasive 

20 species; 

21 ‘‘(iii) the protection and restoration of 

22 nearshore health and the prevention and 

23 mitigation of nonpoint source pollution; 
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1 ‘‘(iv) habitat and wildlife protection 

2 and restoration, including wetlands restora3 tion and preservation; and 

4 ‘‘(v) accountability, monitoring, eval5 uation, communication, and partnership 

6 activities. 

7 ‘‘(C) PROJECTS.—Under the Initiative, the 

8 Agency shall collaborate with Federal partners, 

9 including the Great Lakes Interagency Task 

10 Force, to select the best combination of programs 

11 and projects for Great Lakes protection and res12 toration using appropriate principles and cri13 teria, including whether a program or project 

14 provides— 

15 ‘‘(i) the ability to achieve strategic and 

16 measurable environmental outcomes that 

17 implement the Great Lakes Action Plan and 

18 the Great Lakes Water Quality Agreement; 

19 ‘‘(ii) the feasibility of— 

20 ‘‘(I) prompt implementation; 

21 ‘‘(II) timely achievement of re22 sults; and 

23 ‘‘(III) resource leveraging; and 

24 ‘‘(iii) the opportunity to improve 

25 interagency and inter-organizational co-
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1 ordination and collaboration to reduce du2 plication and streamline efforts. 

3 ‘‘(D) IMPLEMENTATION OF PROJECTS.— 

4 ‘‘(i) IN GENERAL.—Subject to subpara5 graph (G)(ii), funds made available to 

6 carry out the Initiative shall be used to 

7 strategically implement— 

8 ‘‘(I) Federal projects; and 

9 ‘‘(II) projects carried out in co10 ordination with States, Indian tribes, 

11 municipalities, institutions of higher 

12 education, and other organizations. 

13 ‘‘(ii) TRANSFER OF FUNDS.—With 

14 amounts made available for the Initiative 

15 each fiscal year, the Administrator may— 

16 ‘‘(I) transfer not more than the 

17 total amount appropriated under sub18 paragraph (G)(i) for the fiscal year to 

19 the head of any Federal department or 

20 agency, with the concurrence of the de21 partment or agency head, to carry out 

22 activities to support the Initiative and 

23 the Great Lakes Water Quality Agree24 ment; and 
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1 ‘‘(II) enter into an interagency 

2 agreement with the head of any Fed3 eral department or agency to carry out 

4 activities described in subclause (I). 

5 ‘‘(E) SCOPE.— 

6 ‘‘(i) IN GENERAL.—Projects shall be 

7 carried out under the Initiative on multiple 

8 levels, including— 

9 ‘‘(I) Great Lakes-wide; and 

10 ‘‘(II) Great Lakes basin-wide. 

11 ‘‘(ii) LIMITATION.—No funds made 

12 available to carry out the Initiative may be 

13 used for any water infrastructure activity 

14 (other than a green infrastructure project 

15 that improves habitat and other ecosystem 

16 functions in the Great Lakes) for which 

17 amounts are made available from— 

18 ‘‘(I) a State water pollution con19 trol revolving fund established under 

20 title VI; or 

21 ‘‘(II) a State drinking water re22 volving loan fund established under 

23 section 1452 of the Safe Drinking 

24 Water Act (42 U.S.C. 300j–12). 
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1 ‘‘(F) ACTIVITIES BY OTHER FEDERAL AGEN2 CIES.—Each relevant Federal department or 

3 agency shall, to the maximum extent prac4 ticable— 

5 ‘‘(i) maintain the base level of funding 

6 for the Great Lakes activities of that depart7 ment or agency without regard to funding 

8 under the Initiative; and 

9 ‘‘(ii) identify new activities and 

10 projects to support the environmental goals 

11 of the Initiative. 

12 ‘‘(G) FUNDING.—There are authorized to be 

13 appropriated to carry out this paragraph for fis14 cal year 2016, $300,000,000.’’. 

15 JOHN F. KENNEDY CENTER REAUTHORIZATION

16 SEC. 427. Section 13 of the John F. Kennedy Center 

17 Act (20 U.S.C. 76r) is amended by striking subsections (a) 

18 and (b) and inserting the following: 

19 ‘‘(a) MAINTENANCE, REPAIR, AND SECURITY.—There 

20 is authorized to be appropriated to the Board to carry out 

21 section 4(a)(1)(H), $22,000,000 for fiscal year 2016. 

22 ‘‘(b) CAPITAL PROJECTS.—There is authorized to be 

23 appropriated to the Board to carry out subparagraphs (F) 

24 and (G) of section 4(a)(1), $15,000,000 for fiscal year 

25 2016.’’. 
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1 This division may be cited as the ‘‘Department of the 

2 Interior, Environment, and Related Agencies Appropria3 tions Act, 2016’’. 

4 DIVISION H—DEPARTMENTS OF LABOR, 

5 HEALTH AND HUMAN SERVICES, AND 

6 EDUCATION, AND RELATED AGENCIES 

7 APPROPRIATIONS ACT, 2016 

8 TITLE I 

9 DEPARTMENT OF LABOR 

10 EMPLOYMENT AND TRAINING ADMINISTRATION

11 TRAINING AND EMPLOYMENT SERVICES

12 For necessary expenses of the Workforce Innovation 

13 and Opportunity Act (referred to in this Act as ‘‘WIOA’’), 

14 the Second Chance Act of 2007, the National Apprenticeship 

15 Act, and the Women in Apprenticeship and Nontraditional 

16 Occupations Act of 1992 (‘‘WANTO Act’’), $3,335,425,000, 

17 plus reimbursements, shall be available. Of the amounts 

18 provided: 

19 (1) for grants to States for adult employment 

20 and training activities, youth activities, and dis21 located worker employment and training activities, 

22 $2,709,832,000 as follows: 

23 (A) $815,556,000 for adult employment and 

24 training activities, of which $103,556,000 shall 

25 be available for the period July 1, 2016 through 
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1 June 30, 2017, and of which $712,000,000 shall 

2 be available for the period October 1, 2016 

3 through June 30, 2017; 

4 (B) $873,416,000 for youth activities, which 

5 shall be available for the period April 1, 2016 

6 through June 30, 2017; and 

7 (C) $1,020,860,000 for dislocated worker 

8 employment and training activities, of which 

9 $160,860,000 shall be available for the period 

10 July 1, 2016 through June 30, 2017, and of 

11 which $860,000,000 shall be available for the pe12 riod October 1, 2016 through June 30, 2017: 

13 Provided, That pursuant to section 128(a)(1) of the 

14 WIOA, the amount available to the Governor for 

15 statewide workforce investment activities shall not ex16 ceed 15 percent of the amount allotted to the State 

17 from each of the appropriations under the preceding 

18 subparagraphs: Provided further, That the funds 

19 available for allotment to outlying areas to carry out 

20 subtitle B of title I of the WIOA shall not be subject 

21 to the requirements of section 127(b)(1)(B)(ii) of such 

22 Act; and 

23 (2) for national programs, $625,593,000 as fol24 lows: 
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1 (A) $220,859,000 for the dislocated workers 

2 assistance national reserve, of which $20,859,000 

3 shall be available for the period July 1, 2016 

4 through September 30, 2017, and of which 

5 $200,000,000 shall be available for the period 

6 October 1, 2016 through September 30, 2017: 

7 Provided, That funds provided to carry out sec8 tion 132(a)(2)(A) of the WIOA may be used to 

9 provide assistance to a State for statewide or 

10 local use in order to address cases where there 

11 have been worker dislocations across multiple 

12 sectors or across multiple local areas and such 

13 workers remain dislocated; coordinate the State 

14 workforce development plan with emerging eco15 nomic development needs; and train such eligible 

16 dislocated workers: Provided further, That funds 

17 provided to carry out sections 168(b) and 169(c) 

18 of the WIOA may be used for technical assistance 

19 and demonstration projects, respectively, that 

20 provide assistance to new entrants in the work21 force and incumbent workers: Provided further, 

22 That notwithstanding section 168(b) of the 

23 WIOA, of the funds provided under this subpara24 graph, the Secretary of Labor (referred to in this 

25 title as ‘‘Secretary’’) may reserve not more than 
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1 10 percent of such funds to provide technical as2 sistance and carry out additional activities re3 lated to the transition to the WIOA: Provided 

4 further, That, of the funds provided under this 

5 subparagraph, $19,000,000 shall be made avail6 able for applications submitted in accordance 

7 with section 170 of the WIOA for training and 

8 employment assistance for workers dislocated 

9 from coal mines and coal-fired power plants; 

10 (B) $50,000,000 for Native American pro11 grams under section 166 of the WIOA, which 

12 shall be available for the period July 1, 2016 

13 through June 30, 2017; 

14 (C) $81,896,000 for migrant and seasonal 

15 farmworker programs under section 167 of the 

16 WIOA, including $75,885,000 for formula grants 

17 (of which not less than 70 percent shall be for 

18 employment and training services), $5,517,000 

19 for migrant and seasonal housing (of which not 

20 less than 70 percent shall be for permanent hous21 ing), and $494,000 for other discretionary pur22 poses, which shall be available for the period 

23 July 1, 2016 through June 30, 2017: Provided, 

24 That notwithstanding any other provision of law 

25 or related regulation, the Department of Labor 
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1 shall take no action limiting the number or pro2 portion of eligible participants receiving related 

3 assistance services or discouraging grantees from 

4 providing such services; 

5 (D) $994,000 for carrying out the WANTO 

6 Act, which shall be available for the period July 

7 1, 2016 through June 30, 2017; 

8 (E) $84,534,000 for YouthBuild activities 

9 as described in section 171 of the WIOA, which 

10 shall be available for the period April 1, 2016 

11 through June 30, 2017; 

12 (F) $3,232,000 for technical assistance ac13 tivities under section 168 of the WIOA, which 

14 shall be available for the period July 1, 2016 

15 through June 30, 2017; 

16 (G) $88,078,000 for ex-offender activities, 

17 under the authority of section 169 of the WIOA 

18 and section 212 of the Second Chance Act of 

19 2007, which shall be available for the period 

20 April 1, 2016 through June 30, 2017: Provided, 

21 That of this amount, $20,000,000 shall be for 

22 competitive grants to national and regional 

23 intermediaries for activities that prepare young 

24 ex-offenders and school dropouts for employment, 
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1 with a priority for projects serving high-crime, 

2 high-poverty areas; 

3 (H) $6,000,000 for the Workforce Data 

4 Quality Initiative, under the authority of section 

5 169 of the WIOA, which shall be available for the 

6 period July 1, 2016 through June 30, 2017; and 

7 (I) $90,000,000 to expand opportunities re8 lating to apprenticeship programs registered 

9 under the National Apprenticeship Act, to be 

10 available to the Secretary to carry out activities 

11 through grants, cooperative agreements, contracts 

12 and other arrangements, with States and other 

13 appropriate entities, which shall be available for 

14 the period April 1, 2016 through June 30, 2017. 

15 JOB CORPS

16 (INCLUDING TRANSFER OF FUNDS)

17 To carry out subtitle C of title I of the WIOA, includ18 ing Federal administrative expenses, the purchase and hire 

19 of passenger motor vehicles, the construction, alteration, 

20 and repairs of buildings and other facilities, and the pur21 chase of real property for training centers as authorized by 

22 the WIOA, $1,689,155,000, plus reimbursements, as follows: 

23 (1) $1,581,825,000 for Job Corps Operations, 

24 which shall be available for the period July 1, 2016 

25 through June 30, 2017; 
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1 (2) $75,000,000 for construction, rehabilitation 

2 and acquisition of Job Corps Centers, which shall be 

3 available for the period July 1, 2016 through June 

4 30, 2019, and which may include the acquisition, 

5 maintenance, and repair of major items of equip6 ment: Provided, That the Secretary may transfer up 

7 to 15 percent of such funds to meet the operational 

8 needs of such centers or to achieve administrative effi9 ciencies: Provided further, That any funds transferred 

10 pursuant to the preceding proviso shall not be avail11 able for obligation after June 30, 2017: Provided fur12 ther, That the Committees on Appropriations of the 

13 House of Representatives and the Senate are notified 

14 at least 15 days in advance of any transfer; and 

15 (3) $32,330,000 for necessary expenses of Job 

16 Corps, which shall be available for obligation for the 

17 period October 1, 2015 through September 30, 2016: 

18 Provided, That no funds from any other appropriation 

19 shall be used to provide meal services at or for Job Corps 

20 centers. 

21 COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

22 To carry out title V of the Older Americans Act of 1965 

23 (referred to in this Act as ‘‘OAA’’), $434,371,000, which 

24 shall be available for the period July 1, 2016 through June 
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1 30, 2017, and may be recaptured and reobligated in accord2 ance with section 517(c) of the OAA. 

3 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

4 For payments during fiscal year 2016 of trade adjust5 ment benefit payments and allowances under part I of sub6 chapter B of chapter 2 of title II of the Trade Act of 1974, 

7 and section 246 of that Act; and for training, employment 

8 and case management services, allowances for job search 

9 and relocation, and related State administrative expenses 

10 under part II of subchapter B of chapter 2 of title II of 

11 the Trade Act of 1974, and including benefit payments, al12 lowances, training, employment and case management serv13 ices, and related State administration provided pursuant 

14 to section 231(a) of the Trade Adjustment Assistance Exten15 sion Act of 2011 and section 405(a) of the Trade Preferences 

16 Extension Act of 2015, $861,000,000 together with such 

17 amounts as may be necessary to be charged to the subse18 quent appropriation for payments for any period subse19 quent to September 15, 2016: Provided, That notwith20 standing section 502 of this division, any part of the appro21 priation provided under this heading may remain available 

22 for obligation beyond the current fiscal year pursuant to 

23 the authorities of section 245(c) of the Trade Act of 1974 

24 (19 U.S.C. 2317(c)). 
818 

•HR 2029 EAH 

1 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

2 SERVICE OPERATIONS

3 For authorized administrative expenses, $89,066,000, 

4 together with not to exceed $3,480,812,000 which may be 

5 expended from the Employment Security Administration 

6 Account in the Unemployment Trust Fund (‘‘the Trust 

7 Fund’’), of which: 

8 (1) $2,725,550,000 from the Trust Fund is for 

9 grants to States for the administration of State un10 employment insurance laws as authorized under title 

11 III of the Social Security Act (including not less than 

12 $95,000,000 to conduct in-person reemployment and 

13 eligibility assessments and unemployment insurance 

14 improper payment reviews, and to provide reemploy15 ment services and referrals to training as appro16 priate, for claimants of unemployment insurance for 

17 ex-service members under 5 U.S.C. 8521 et. seq. and 

18 for the claimants of regular unemployment compensa19 tion who are profiled as most likely to exhaust their 

20 benefits in each State, and $3,000,000 for continued 

21 support of the Unemployment Insurance Integrity 

22 Center of Excellence), the administration of unem23 ployment insurance for Federal employees and for ex24 service members as authorized under 5 U.S.C. 8501– 

25 8523, and the administration of trade readjustment 
819 

•HR 2029 EAH 

1 allowances, reemployment trade adjustment assist2 ance, and alternative trade adjustment assistance 

3 under the Trade Act of 1974 and under section 231(a) 

4 of the Trade Adjustment Assistance Extension Act of 

5 2011 and section 405(a) of the Trade Preferences Ex6 tension Act of 2015, and shall be available for obliga7 tion by the States through December 31, 2016, except 

8 that funds used for automation acquisitions shall be 

9 available for Federal obligation through December 31, 

10 2016, and for State obligation through September 30, 

11 2018, or, if the automation acquisition is being car12 ried out through consortia of States, for State obliga13 tion through September 30, 2021, and for expenditure 

14 through September 30, 2022, and funds for competi15 tive grants awarded to States for improved operations 

16 and to conduct in-person assessments and reviews and 

17 provide reemployment services and referrals shall be 

18 available for Federal obligation through December 31, 

19 2016, and for obligation by the States through Sep20 tember 30, 2018, and funds for the Unemployment In21 surance Integrity Center of Excellence shall be avail22 able for obligation by the State through September 30, 

23 2017, and funds used for unemployment insurance 

24 workloads experienced by the States through Sep-
820 

•HR 2029 EAH 

1 tember 30, 2016 shall be available for Federal obliga2 tion through December 31, 2016; 

3 (2) $14,547,000 from the Trust Fund is for na4 tional activities necessary to support the administra5 tion of the Federal-State unemployment insurance 

6 system; 

7 (3) $658,587,000 from the Trust Fund, together 

8 with $21,413,000 from the General Fund of the Treas9 ury, is for grants to States in accordance with section 

10 6 of the Wagner-Peyser Act, and shall be available for 

11 Federal obligation for the period July 1, 2016 through 

12 June 30, 2017; 

13 (4) $19,818,000 from the Trust Fund is for na14 tional activities of the Employment Service, including 

15 administration of the work opportunity tax credit 

16 under section 51 of the Internal Revenue Code of 

17 1986, and the provision of technical assistance and 

18 staff training under the Wagner-Peyser Act; 

19 (5) $62,310,000 from the Trust Fund is for the 

20 administration of foreign labor certifications and re21 lated activities under the Immigration and Nation22 ality Act and related laws, of which $48,028,000 shall 

23 be available for the Federal administration of such 

24 activities, and $14,282,000 shall be available for 
821 

•HR 2029 EAH 

1 grants to States for the administration of such activi2 ties; and 

3 (6) $67,653,000 from the General Fund is to 

4 provide workforce information, national electronic 

5 tools, and one-stop system building under the Wagner6 Peyser Act and shall be available for Federal obliga7 tion for the period July 1, 2016 through June 30, 

8 2017: 

9 Provided, That to the extent that the Average Weekly In10 sured Unemployment (‘‘AWIU’’) for fiscal year 2016 is pro11 jected by the Department of Labor to exceed 2,680,000, an 

12 additional $28,600,000 from the Trust Fund shall be avail13 able for obligation for every 100,000 increase in the AWIU 

14 level (including a pro rata amount for any increment less 

15 than 100,000) to carry out title III of the Social Security 

16 Act: Provided further, That funds appropriated in this Act 

17 that are allotted to a State to carry out activities under 

18 title III of the Social Security Act may be used by such 

19 State to assist other States in carrying out activities under 

20 such title III if the other States include areas that have 

21 suffered a major disaster declared by the President under 

22 the Robert T. Stafford Disaster Relief and Emergency As23 sistance Act: Provided further, That the Secretary may use 

24 funds appropriated for grants to States under title III of 

25 the Social Security Act to make payments on behalf of 
822 

•HR 2029 EAH 

1 States for the use of the National Directory of New Hires 

2 under section 453(j)(8) of such Act: Provided further, That 

3 the Secretary may use funds appropriated for grants to 

4 States under title III of the Social Security Act to make 

5 payments on behalf of States to the entity operating the 

6 State Information Data Exchange System: Provided fur7 ther, That funds appropriated in this Act which are used 

8 to establish a national one-stop career center system, or 

9 which are used to support the national activities of the Fed10 eral-State unemployment insurance, employment service, or 

11 immigration programs, may be obligated in contracts, 

12 grants, or agreements with States and non-State entities: 

13 Provided further, That States awarded competitive grants 

14 for improved operations under title III of the Social Secu15 rity Act, or awarded grants to support the national activi16 ties of the Federal-State unemployment insurance system, 

17 may award subgrants to other States under such grants, 

18 subject to the conditions applicable to the grants: Provided 

19 further, That funds appropriated under this Act for activi20 ties authorized under title III of the Social Security Act 

21 and the Wagner-Peyser Act may be used by States to fund 

22 integrated Unemployment Insurance and Employment 

23 Service automation efforts, notwithstanding cost allocation 

24 principles prescribed under the Office of Management and 

25 Budget Circular A–87: Provided further, That the Sec-
823 

•HR 2029 EAH 

1 retary, at the request of a State participating in a consor2 tium with other States, may reallot funds allotted to such 

3 State under title III of the Social Security Act to other 

4 States participating in the consortium in order to carry 

5 out activities that benefit the administration of the unem6 ployment compensation law of the State making the request: 

7 Provided further, That the Secretary may collect fees for 

8 the costs associated with additional data collection, anal9 yses, and reporting services relating to the National Agri10 cultural Workers Survey requested by State and local gov11 ernments, public and private institutions of higher edu12 cation, and nonprofit organizations and may utilize such 

13 sums, in accordance with the provisions of 29 U.S.C. 9a, 

14 for the National Agricultural Workers Survey infrastruc15 ture, methodology, and data to meet the information collec16 tion and reporting needs of such entities, which shall be 

17 credited to this appropriation and shall remain available 

18 until September 30, 2017, for such purposes. 

19 In addition, $20,000,000 from the Employment Secu20 rity Administration Account of the Unemployment Trust 

21 Fund shall be available for in-person reemployment and eli22 gibility assessments and unemployment insurance improper 

23 payment reviews and to provide reemployment services and 

24 referrals to training as appropriate, which shall be avail-
824 

•HR 2029 EAH 

1 able for Federal obligations through December 31, 2016, and 

2 for State obligation through September 30, 2018. 

3 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

4 OTHER FUNDS

5 For repayable advances to the Unemployment Trust 

6 Fund as authorized by sections 905(d) and 1203 of the So7 cial Security Act, and to the Black Lung Disability Trust 

8 Fund as authorized by section 9501(c)(1) of the Internal 

9 Revenue Code of 1986; and for nonrepayable advances to 

10 the revolving fund established by section 901(e) of the Social 

11 Security Act, to the Unemployment Trust Fund as author12 ized by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment 

13 Benefits and Allowances’’ account, such sums as may be 

14 necessary, which shall be available for obligation through 

15 September 30, 2017. 

16 PROGRAM ADMINISTRATION

17 For expenses of administering employment and train18 ing programs, $104,577,000, together with not to exceed 

19 $49,982,000 which may be expended from the Employment 

20 Security Administration Account in the Unemployment 

21 Trust Fund. 

22 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

23 SALARIES AND EXPENSES

24 For necessary expenses for the Employee Benefits Secu25 rity Administration, $181,000,000. 
825 

•HR 2029 EAH 

1 PENSION BENEFIT GUARANTY CORPORATION

2 PENSION BENEFIT GUARANTY CORPORATION FUND

3 The Pension Benefit Guaranty Corporation (‘‘Cor4 poration’’) is authorized to make such expenditures, includ5 ing financial assistance authorized by subtitle E of title IV 

6 of the Employee Retirement Income Security Act of 1974, 

7 within limits of funds and borrowing authority available 

8 to the Corporation, and in accord with law, and to make 

9 such contracts and commitments without regard to fiscal 

10 year limitations, as provided by 31 U.S.C. 9104, as may 

11 be necessary in carrying out the program, including associ12 ated administrative expenses, through September 30, 2016, 

13 for the Corporation: Provided, That none of the funds avail14 able to the Corporation for fiscal year 2016 shall be avail15 able for obligations for administrative expenses in excess of 

16 $431,799,000: Provided further, That to the extent that the 

17 number of new plan participants in plans terminated by 

18 the Corporation exceeds 100,000 in fiscal year 2016, an 

19 amount not to exceed an additional $9,200,000 shall be 

20 available through September 30, 2017, for obligation for ad21 ministrative expenses for every 20,000 additional termi22 nated participants: Provided further, That obligations in 

23 excess of the amounts provided in this paragraph may be 

24 incurred for unforeseen and extraordinary pretermination 

25 expenses or extraordinary multiemployer program related 
826 

•HR 2029 EAH 

1 expenses after approval by the Office of Management and 

2 Budget and notification of the Committees on Appropria3 tions of the House of Representatives and the Senate. 

4 WAGE AND HOUR DIVISION

5 SALARIES AND EXPENSES

6 For necessary expenses for the Wage and Hour Divi7 sion, including reimbursement to State, Federal, and local 

8 agencies and their employees for inspection services ren9 dered, $227,500,000. 

10 OFFICE OF LABOR-MANAGEMENT STANDARDS

11 SALARIES AND EXPENSES

12 For necessary expenses for the Office of Labor-Manage13 ment Standards, $40,593,000. 

14 OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS

15 SALARIES AND EXPENSES

16 For necessary expenses for the Office of Federal Con17 tract Compliance Programs, $105,476,000. 

18 OFFICE OF WORKERS’ COMPENSATION PROGRAMS

19 SALARIES AND EXPENSES

20 For necessary expenses for the Office of Workers’ Com21 pensation Programs, $113,324,000, together with 

22 $2,177,000 which may be expended from the Special Fund 

23 in accordance with sections 39(c), 44(d), and 44(j) of the 

24 Longshore and Harbor Workers’ Compensation Act. 
827 

•HR 2029 EAH 

1 SPECIAL BENEFITS

2 (INCLUDING TRANSFER OF FUNDS)

3 For the payment of compensation, benefits, and ex4 penses (except administrative expenses) accruing during the 

5 current or any prior fiscal year authorized by 5 U.S.C. 81; 

6 continuation of benefits as provided for under the heading 

7 ‘‘Civilian War Benefits’’ in the Federal Security Agency 

8 Appropriation Act, 1947; the Employees’ Compensation 

9 Commission Appropriation Act, 1944; section 5(f) of the 

10 War Claims Act (50 U.S.C. App. 2004); obligations in11 curred under the War Hazards Compensation Act (42 

12 U.S.C. 1701 et seq.); and 50 percent of the additional com13 pensation and benefits required by section 10(h) of the 

14 Longshore and Harbor Workers’ Compensation Act, 

15 $210,000,000, together with such amounts as may be nec16 essary to be charged to the subsequent year appropriation 

17 for the payment of compensation and other benefits for any 

18 period subsequent to August 15 of the current year, for de19 posit into and to assume the attributes of the Employees’ 

20 Compensation Fund established under 5 U.S.C. 8147(a): 

21 Provided, That amounts appropriated may be used under 

22 5 U.S.C. 8104 by the Secretary to reimburse an employer, 

23 who is not the employer at the time of injury, for portions 

24 of the salary of a re-employed, disabled beneficiary: Pro25 vided further, That balances of reimbursements unobligated 
828 

•HR 2029 EAH 

1 on September 30, 2015, shall remain available until ex2 pended for the payment of compensation, benefits, and ex3 penses: Provided further, That in addition there shall be 

4 transferred to this appropriation from the Postal Service 

5 and from any other corporation or instrumentality required 

6 under 5 U.S.C. 8147(c) to pay an amount for its fair share 

7 of the cost of administration, such sums as the Secretary 

8 determines to be the cost of administration for employees 

9 of such fair share entities through September 30, 2016: Pro10 vided further, That of those funds transferred to this ac11 count from the fair share entities to pay the cost of adminis12 tration of the Federal Employees’ Compensation Act, 

13 $62,170,000 shall be made available to the Secretary as fol14 lows: 

15 (1) For enhancement and maintenance of auto16 mated data processing systems operations and tele17 communications systems, $21,140,000; 

18 (2) For automated workload processing oper19 ations, including document imaging, centralized mail 

20 intake, and medical bill processing, $22,968,000; 

21 (3) For periodic roll disability management and 

22 medical review, $16,668,000; 

23 (4) For program integrity, $1,394,000; and 

24 (5) The remaining funds shall be paid into the 

25 Treasury as miscellaneous receipts: 
829 

•HR 2029 EAH 

1 Provided further, That the Secretary may require that any 

2 person filing a notice of injury or a claim for benefits under 

3 5 U.S.C. 81, or the Longshore and Harbor Workers’ Com4 pensation Act, provide as part of such notice and claim, 

5 such identifying information (including Social Security ac6 count number) as such regulations may prescribe. 

7 SPECIAL BENEFITS FOR DISABLED COAL MINERS

8 For carrying out title IV of the Federal Mine Safety 

9 and Health Act of 1977, as amended by Public Law 107– 

10 275, $69,302,000, to remain available until expended. 

11 For making after July 31 of the current fiscal year, 

12 benefit payments to individuals under title IV of such Act, 

13 for costs incurred in the current fiscal year, such amounts 

14 as may be necessary. 

15 For making benefit payments under title IV for the 

16 first quarter of fiscal year 2017, $19,000,000, to remain 

17 available until expended. 

18 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

19 OCCUPATIONAL ILLNESS COMPENSATION FUND

20 For necessary expenses to administer the Energy Em21 ployees Occupational Illness Compensation Program Act, 

22 $58,552,000, to remain available until expended: Provided, 

23 That the Secretary may require that any person filing a 

24 claim for benefits under the Act provide as part of such 
830 

•HR 2029 EAH 

1 claim such identifying information (including Social Secu2 rity account number) as may be prescribed. 

3 BLACK LUNG DISABILITY TRUST FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 Such sums as may be necessary from the Black Lung 

6 Disability Trust Fund (the ‘‘Fund’’), to remain available 

7 until expended, for payment of all benefits authorized by 

8 section 9501(d)(1), (2), (6), and (7) of the Internal Revenue 

9 Code of 1986; and repayment of, and payment of interest 

10 on advances, as authorized by section 9501(d)(4) of that 

11 Act. In addition, the following amounts may be expended 

12 from the Fund for fiscal year 2016 for expenses of operation 

13 and administration of the Black Lung Benefits program, 

14 as authorized by section 9501(d)(5): not to exceed 

15 $35,244,000 for transfer to the Office of Workers’ Compensa16 tion Programs, ‘‘Salaries and Expenses’’; not to exceed 

17 $30,279,000 for transfer to Departmental Management, 

18 ‘‘Salaries and Expenses’’; not to exceed $327,000 for trans19 fer to Departmental Management, ‘‘Office of Inspector Gen20 eral’’; and not to exceed $356,000 for payments into mis21 cellaneous receipts for the expenses of the Department of the 

22 Treasury. 
831 

•HR 2029 EAH 

1 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Occupational Safety 

4 and Health Administration, $552,787,000, including not to 

5 exceed $100,850,000 which shall be the maximum amount 

6 available for grants to States under section 23(g) of the Oc7 cupational Safety and Health Act (the ‘‘Act’’), which grants 

8 shall be no less than 50 percent of the costs of State occupa9 tional safety and health programs required to be incurred 

10 under plans approved by the Secretary under section 18 

11 of the Act; and, in addition, notwithstanding 31 U.S.C. 

12 3302, the Occupational Safety and Health Administration 

13 may retain up to $499,000 per fiscal year of training insti14 tute course tuition and fees, otherwise authorized by law 

15 to be collected, and may utilize such sums for occupational 

16 safety and health training and education: Provided, That 

17 notwithstanding 31 U.S.C. 3302, the Secretary is author18 ized, during the fiscal year ending September 30, 2016, to 

19 collect and retain fees for services provided to Nationally 

20 Recognized Testing Laboratories, and may utilize such 

21 sums, in accordance with the provisions of 29 U.S.C. 9a, 

22 to administer national and international laboratory rec23 ognition programs that ensure the safety of equipment and 

24 products used by workers in the workplace: Provided fur25 ther, That none of the funds appropriated under this para-
832 

•HR 2029 EAH 

1 graph shall be obligated or expended to prescribe, issue, ad2 minister, or enforce any standard, rule, regulation, or order 

3 under the Act which is applicable to any person who is en4 gaged in a farming operation which does not maintain a 

5 temporary labor camp and employs 10 or fewer employees: 

6 Provided further, That no funds appropriated under this 

7 paragraph shall be obligated or expended to administer or 

8 enforce any standard, rule, regulation, or order under the 

9 Act with respect to any employer of 10 or fewer employees 

10 who is included within a category having a Days Away, 

11 Restricted, or Transferred (‘‘DART’’) occupational injury 

12 and illness rate, at the most precise industrial classification 

13 code for which such data are published, less than the na14 tional average rate as such rates are most recently published 

15 by the Secretary, acting through the Bureau of Labor Sta16 tistics, in accordance with section 24 of the Act, except— 

17 (1) to provide, as authorized by the Act, con18 sultation, technical assistance, educational and train19 ing services, and to conduct surveys and studies; 

20 (2) to conduct an inspection or investigation in 

21 response to an employee complaint, to issue a citation 

22 for violations found during such inspection, and to 

23 assess a penalty for violations which are not corrected 

24 within a reasonable abatement period and for any 

25 willful violations found; 
833 

•HR 2029 EAH 

1 (3) to take any action authorized by the Act with 

2 respect to imminent dangers; 

3 (4) to take any action authorized by the Act with 

4 respect to health hazards; 

5 (5) to take any action authorized by the Act with 

6 respect to a report of an employment accident which 

7 is fatal to one or more employees or which results in 

8 hospitalization of two or more employees, and to take 

9 any action pursuant to such investigation authorized 

10 by the Act; and 

11 (6) to take any action authorized by the Act with 

12 respect to complaints of discrimination against em13 ployees for exercising rights under the Act: 

14 Provided further, That the foregoing proviso shall not apply 

15 to any person who is engaged in a farming operation which 

16 does not maintain a temporary labor camp and employs 

17 10 or fewer employees: Provided further, That $10,537,000 

18 shall be available for Susan Harwood training grants. 

19 MINE SAFETY AND HEALTH ADMINISTRATION

20 SALARIES AND EXPENSES

21 For necessary expenses for the Mine Safety and Health 

22 Administration, $375,887,000, including purchase and be23 stowal of certificates and trophies in connection with mine 

24 rescue and first-aid work, and the hire of passenger motor 

25 vehicles, including up to $2,000,000 for mine rescue and 
834 

•HR 2029 EAH 

1 recovery activities and not less than $8,441,000 for State 

2 assistance grants: Provided, That notwithstanding 31 

3 U.S.C. 3302, not to exceed $750,000 may be collected by 

4 the National Mine Health and Safety Academy for room, 

5 board, tuition, and the sale of training materials, otherwise 

6 authorized by law to be collected, to be available for mine 

7 safety and health education and training activities: Pro8 vided further, That notwithstanding 31 U.S.C. 3302, the 

9 Mine Safety and Health Administration is authorized to 

10 collect and retain up to $2,499,000 from fees collected for 

11 the approval and certification of equipment, materials, and 

12 explosives for use in mines, and may utilize such sums for 

13 such activities: Provided further, That the Secretary is au14 thorized to accept lands, buildings, equipment, and other 

15 contributions from public and private sources and to pros16 ecute projects in cooperation with other agencies, Federal, 

17 State, or private: Provided further, That the Mine Safety 

18 and Health Administration is authorized to promote health 

19 and safety education and training in the mining commu20 nity through cooperative programs with States, industry, 

21 and safety associations: Provided further, That the Sec22 retary is authorized to recognize the Joseph A. Holmes Safe23 ty Association as a principal safety association and, not24 withstanding any other provision of law, may provide 

25 funds and, with or without reimbursement, personnel, in-
835 

•HR 2029 EAH 

1 cluding service of Mine Safety and Health Administration 

2 officials as officers in local chapters or in the national orga3 nization: Provided further, That any funds available to the 

4 Department of Labor may be used, with the approval of 

5 the Secretary, to provide for the costs of mine rescue and 

6 survival operations in the event of a major disaster. 

7 BUREAU OF LABOR STATISTICS

8 SALARIES AND EXPENSES

9 For necessary expenses for the Bureau of Labor Statis10 tics, including advances or reimbursements to State, Fed11 eral, and local agencies and their employees for services ren12 dered, $544,000,000, together with not to exceed $65,000,000 

13 which may be expended from the Employment Security Ad14 ministration account in the Unemployment Trust Fund. 

15 OFFICE OF DISABILITY EMPLOYMENT POLICY

16 SALARIES AND EXPENSES

17 For necessary expenses for the Office of Disability Em18 ployment Policy to provide leadership, develop policy and 

19 initiatives, and award grants furthering the objective of 

20 eliminating barriers to the training and employment of 

21 people with disabilities, $38,203,000. 
836 

•HR 2029 EAH 

1 DEPARTMENTAL MANAGEMENT

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses for Departmental Management, 

5 including the hire of three passenger motor vehicles, 

6 $334,065,000, together with not to exceed $308,000, which 

7 may be expended from the Employment Security Adminis8 tration account in the Unemployment Trust Fund: Pro9 vided, That $59,825,000 for the Bureau of International 

10 Labor Affairs shall be available for obligation through De11 cember 31, 2016: Provided further, That funds available to 

12 the Bureau of International Labor Affairs may be used to 

13 administer or operate international labor activities, bilat14 eral and multilateral technical assistance, and micro15 finance programs, by or through contracts, grants, sub16 grants and other arrangements: Provided further, That not 

17 more than $53,825,000 shall be for programs to combat ex18 ploitative child labor internationally and not less than 

19 $6,000,000 shall be used to implement model programs that 

20 address worker rights issues through technical assistance in 

21 countries with which the United States has free trade agree22 ments or trade preference programs: Provided further, That 

23 $8,040,000 shall be used for program evaluation and shall 

24 be available for obligation through September 30, 2017: 

25 Provided further, That funds available for program evalua-
837 

•HR 2029 EAH 

1 tion may be used to administer grants for the purpose of 

2 evaluation: Provided further, That grants made for the pur3 pose of evaluation shall be awarded through fair and open 

4 competition: Provided further, That funds available for pro5 gram evaluation may be transferred to any other appro6 priate account in the Department for such purpose: Pro7 vided further, That the Committees on Appropriations of 

8 the House of Representatives and the Senate are notified 

9 at least 15 days in advance of any transfer: Provided fur10 ther, That the funds available to the Women’s Bureau may 

11 be used for grants to serve and promote the interests of 

12 women in the workforce. 

13 VETERANS EMPLOYMENT AND TRAINING

14 Not to exceed $233,001,000 may be derived from the 

15 Employment Security Administration account in the Un16 employment Trust Fund to carry out the provisions of 

17 chapters 41, 42, and 43 of title 38, United States Code, of 

18 which: 

19 (1) $175,000,000 is for Jobs for Veterans State 

20 grants under 38 U.S.C. 4102A(b)(5) to support dis21 abled veterans’ outreach program specialists under 

22 section 4103A of such title and local veterans’ employ23 ment representatives under section 4104(b) of such 

24 title, and for the expenses described in section 

25 4102A(b)(5)(C), which shall be available for obliga-
838 

•HR 2029 EAH 

1 tion by the States through December 31, 2016, and 

2 not to exceed 3 percent for the necessary Federal ex3 penditures for data systems and contract support to 

4 allow for the tracking of participant and performance 

5 information: Provided, That, in addition, such funds 

6 may be used to support such specialists and rep7 resentatives in the provision of services to 

8 transitioning members of the Armed Forces who have 

9 participated in the Transition Assistance Program 

10 and have been identified as in need of intensive serv11 ices, to members of the Armed Forces who are wound12 ed, ill, or injured and receiving treatment in military 

13 treatment facilities or warrior transition units, and 

14 to the spouses or other family caregivers of such 

15 wounded, ill, or injured members; 

16 (2) $14,100,000 is for carrying out the Transi17 tion Assistance Program under 38 U.S.C. 4113 and 

18 10 U.S.C. 1144; 

19 (3) $40,487,000 is for Federal administration of 

20 chapters 41, 42, and 43 of title 38, United States 

21 Code; and 

22 (4) $3,414,000 is for the National Veterans’ Em23 ployment and Training Services Institute under 38 

24 U.S.C. 4109: 
839 

•HR 2029 EAH 

1 Provided, That the Secretary may reallocate among the ap2 propriations provided under paragraphs (1) through (4) 

3 above an amount not to exceed 3 percent of the appropria4 tion from which such reallocation is made. 

5 In addition, from the General Fund of the Treasury, 

6 $38,109,000 is for carrying out programs to assist homeless 

7 veterans and veterans at risk of homelessness who are 

8 transitioning from certain institutions under sections 2021, 

9 2021A, and 2023 of title 38, United States Code: Provided, 

10 That notwithstanding subsections (c)(3) and (d) of section 

11 2023, the Secretary may award grants through September 

12 30, 2016, to provide services under such section: Provided 

13 further, That services provided under section 2023 may in14 clude, in addition to services to the individuals described 

15 in subsection (e) of such section, services to veterans recently 

16 released from incarceration who are at risk of homelessness. 

17 IT MODERNIZATION

18 For necessary expenses for Department of Labor cen19 tralized infrastructure technology investment activities re20 lated to support systems and modernization, $29,778,000. 

21 OFFICE OF INSPECTOR GENERAL

22 For salaries and expenses of the Office of Inspector 

23 General in carrying out the provisions of the Inspector Gen24 eral Act of 1978, $80,640,000, together with not to exceed 

25 $5,660,000 which may be expended from the Employment 
840 

•HR 2029 EAH 

1 Security Administration account in the Unemployment 

2 Trust Fund. 

3 GENERAL PROVISIONS

4 SEC. 101. None of the funds appropriated by this Act 

5 for the Job Corps shall be used to pay the salary and bo6 nuses of an individual, either as direct costs or any prora7 tion as an indirect cost, at a rate in excess of Executive 

8 Level II. 

9 (TRANSFER OF FUNDS)

10 SEC. 102. Not to exceed 1 percent of any discretionary 

11 funds (pursuant to the Balanced Budget and Emergency 

12 Deficit Control Act of 1985) which are appropriated for the 

13 current fiscal year for the Department of Labor in this Act 

14 may be transferred between a program, project, or activity, 

15 but no such program, project, or activity shall be increased 

16 by more than 3 percent by any such transfer: Provided, 

17 That the transfer authority granted by this section shall not 

18 be used to create any new program or to fund any project 

19 or activity for which no funds are provided in this Act: 

20 Provided further, That the Committees on Appropriations 

21 of the House of Representatives and the Senate are notified 

22 at least 15 days in advance of any transfer. 

23 SEC. 103. In accordance with Executive Order 13126, 

24 none of the funds appropriated or otherwise made available 

25 pursuant to this Act shall be obligated or expended for the 
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1 procurement of goods mined, produced, manufactured, or 

2 harvested or services rendered, in whole or in part, by forced 

3 or indentured child labor in industries and host countries 

4 already identified by the United States Department of 

5 Labor prior to enactment of this Act. 

6 SEC. 104. Except as otherwise provided in this section, 

7 none of the funds made available to the Department of 

8 Labor for grants under section 414(c) of the American Com9 petitiveness and Workforce Improvement Act of 1998 (29 

10 U.S.C. 2916a) may be used for any purpose other than com11 petitive grants for training individuals who are older than 

12 16 years of age and are not currently enrolled in school 

13 within a local educational agency in the occupations and 

14 industries for which employers are using H–1B visas to 

15 hire foreign workers, and the related activities necessary to 

16 support such training: Provided, That up to $13,000,000 

17 of such funds shall be available for obligation through Sep18 tember 30, 2017 to process permanent foreign labor certifi19 cations under section 212(a)(5)(A) of the Immigration and 

20 Nationality Act (8 U.S.C. 1182(a)(5)(A)): Provided further, 

21 That the funding limitation under this section shall not 

22 apply to funding provided pursuant to solicitations for 

23 grant applications issued before January 15, 2014. 

24 SEC. 105. None of the funds made available by this 

25 Act under the heading ‘‘Employment and Training Admin-
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1 istration’’ shall be used by a recipient or subrecipient of 

2 such funds to pay the salary and bonuses of an individual, 

3 either as direct costs or indirect costs, at a rate in excess 

4 of Executive Level II. This limitation shall not apply to 

5 vendors providing goods and services as defined in Office 

6 of Management and Budget Circular A–133. Where States 

7 are recipients of such funds, States may establish a lower 

8 limit for salaries and bonuses of those receiving salaries and 

9 bonuses from subrecipients of such funds, taking into ac10 count factors including the relative cost-of-living in the 

11 State, the compensation levels for comparable State or local 

12 government employees, and the size of the organizations 

13 that administer Federal programs involved including Em14 ployment and Training Administration programs. 

15 (TRANSFER OF FUNDS)

16 SEC. 106. Notwithstanding section 102, the Secretary 

17 may transfer funds made available to the Employment and 

18 Training Administration by this Act, either directly or 

19 through a set-aside, for technical assistance services to 

20 grantees to ‘‘Program Administration’’ when it is deter21 mined that those services will be more efficiently performed 

22 by Federal employees: Provided, That this section shall not 

23 apply to section 171 of the WIOA. 
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1 (TRANSFER OF FUNDS)

2 SEC. 107. (a) The Secretary may reserve not more 

3 than 0.75 percent from each appropriation made available 

4 in this Act identified in subsection (b) in order to carry 

5 out evaluations of any of the programs or activities that 

6 are funded under such accounts. Any funds reserved under 

7 this section shall be transferred to ‘‘Departmental Manage8 ment’’ for use by the Office of the Chief Evaluation Officer 

9 within the Department of Labor, and shall be available for 

10 obligation through September 30, 2017: Provided, That such 

11 funds shall only be available if the Chief Evaluation Officer 

12 of the Department of Labor submits a plan to the Commit13 tees on Appropriations of the House of Representatives and 

14 the Senate describing the evaluations to be carried out 15 

15 days in advance of any transfer. 

16 (b) The accounts referred to in subsection (a) are: 

17 ‘‘Training and Employment Services’’, ‘‘Job Corps’’, ‘‘Com18 munity Service Employment for Older Americans’’, ‘‘State 

19 Unemployment Insurance and Employment Service Oper20 ations’’, ‘‘Employee Benefits Security Administration’’, 

21 ‘‘Office of Workers’ Compensation Programs’’, ‘‘Wage and 

22 Hour Division’’, ‘‘Office of Federal Contract Compliance 

23 Programs’’, ‘‘Office of Labor Management Standards’’, ‘‘Oc24 cupational Safety and Health Administration’’, ‘‘Mine 

25 Safety and Health Administration’’, ‘‘Office of Disability 
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1 Employment Policy’’, funding made available to the ‘‘Bu2 reau of International Labor Affairs’’ and ‘‘Women’s Bu3 reau’’ within the ‘‘Departmental Management, Salaries and 

4 Expenses’’ account, and ‘‘Veterans Employment and Train5 ing’’. 

6 SEC. 108. (a) Section 7 of the Fair Labor Standards 

7 Act of 1938 (29 U.S.C. 207) shall be applied as if the fol8 lowing text is part of such section: 

9 ‘‘(s)(1) The provisions of this section shall not apply 

10 for a period of 2 years after the occurrence of a major dis11 aster to any employee— 

12 ‘‘(A) employed to adjust or evaluate claims re13 sulting from or relating to such major disaster, by an 

14 employer not engaged, directly or through an affiliate, 

15 in underwriting, selling, or marketing property, cas16 ualty, or liability insurance policies or contracts; 

17 ‘‘(B) who receives from such employer on average 

18 weekly compensation of not less than $591.00 per 

19 week or any minimum weekly amount established by 

20 the Secretary, whichever is greater, for the number of 

21 weeks such employee is engaged in any of the activi22 ties described in subparagraph (C); and 

23 ‘‘(C) whose duties include any of the following: 

24 ‘‘(i) interviewing insured individuals, indi25 viduals who suffered injuries or other damages or 
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1 losses arising from or relating to a disaster, wit2 nesses, or physicians; 

3 ‘‘(ii) inspecting property damage or review4 ing factual information to prepare damage esti5 mates; 

6 ‘‘(iii) evaluating and making recommenda7 tions regarding coverage or compensability of 

8 claims or determining liability or value aspects 

9 of claims; 

10 ‘‘(iv) negotiating settlements; or 

11 ‘‘(v) making recommendations regarding 

12 litigation. 

13 ‘‘(2) The exemption in this subsection shall not affect 

14 the exemption provided by section 13(a)(1). 

15 ‘‘(3) For purposes of this subsection— 

16 ‘‘(A) the term ‘major disaster’ means any dis17 aster or catastrophe declared or designated by any 

18 State or Federal agency or department; 

19 ‘‘(B) the term ‘employee employed to adjust or 

20 evaluate claims resulting from or relating to such 

21 major disaster’ means an individual who timely se22 cured or secures a license required by applicable law 

23 to engage in and perform the activities described in 

24 clauses (i) through (v) of paragraph (1)(C) relating to 

25 a major disaster, and is employed by an employer 
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•HR 2029 EAH 

1 that maintains worker compensation insurance cov2 erage or protection for its employees, if required by 

3 applicable law, and withholds applicable Federal, 

4 State, and local income and payroll taxes from the 

5 wages, salaries and any benefits of such employees; 

6 and 

7 ‘‘(C) the term ‘affiliate’ means a company that, 

8 by reason of ownership or control of 25 percent or 

9 more of the outstanding shares of any class of voting 

10 securities of one or more companies, directly or indi11 rectly, controls, is controlled by, or is under common 

12 control with, another company.’’. 

13 (b) This section shall be effective on the date of enact14 ment of this Act. 

15 SEC. 109. Notwithstanding any other provision of law, 

16 beginning October 1, 2015, the Secretary of Labor, in con17 sultation with the Secretary of Agriculture may select an 

18 entity to operate a Civilian Conservation Center on a com19 petitive basis in accordance with section 147 of the WIOA, 

20 if the Secretary of Labor determines such Center has had 

21 consistently low performance under the performance ac22 countability system in effect for the Job Corps program 

23 prior to July 1, 2016, or with respect to expected levels of 

24 performance established under section 159(c) of such Act be25 ginning July 1, 2016. 
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1 SEC. 110. None of the funds made available by this 

2 Act may be used to implement, administer, or enforce the 

3 Establishing a Minimum Wage for Contractors regulation 

4 published by the Department of Labor in the Federal Reg5 ister on October 7, 2014 (79 Fed. Reg. 60634 et seq.), with 

6 respect to Federal contracts, permits, or other contract-like 

7 instruments entered into with the Federal Government in 

8 connection with Federal property or lands, specifically re9 lated to offering seasonal recreational services or seasonal 

10 recreation equipment rental for the general public: Pro11 vided, That this section shall not apply to lodging and food 

12 services associated with seasonal recreation services. 

13 SEC. 111. (a) FLEXIBILITY WITH RESPECT TO THE

14 CROSSING OF H–2B NONIMMIGRANTS WORKING IN THE

15 SEAFOOD INDUSTRY.— 

16 (1) IN GENERAL.—Subject to paragraph (2), if a 

17 petition for H–2B nonimmigrants filed by an em18 ployer in the seafood industry is granted, the em19 ployer may bring the nonimmigrants described in the 

20 petition into the United States at any time during 

21 the 120-day period beginning on the start date for 

22 which the employer is seeking the services of the non23 immigrants without filing another petition. 

24 (2) REQUIREMENTS FOR CROSSINGS AFTER 90TH

25 DAY.—An employer in the seafood industry may not 
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1 bring H–2B nonimmigrants into the United States 

2 after the date that is 90 days after the start date for 

3 which the employer is seeking the services of the non4 immigrants unless the employer— 

5 (A) completes a new assessment of the local 

6 labor market by— 

7 (i) listing job orders in local news8 papers on 2 separate Sundays; and 

9 (ii) posting the job opportunity on the 

10 appropriate Department of Labor Elec11 tronic Job Registry and at the employer’s 

12 place of employment; and 

13 (B) offers the job to an equally or better 

14 qualified United States worker who— 

15 (i) applies for the job; and 

16 (ii) will be available at the time and 

17 place of need. 

18 (3) EXEMPTION FROM RULES WITH RESPECT TO

19 STAGGERING.—The Secretary of Labor shall not con20 sider an employer in the seafood industry who brings 

21 H–2B nonimmigrants into the United States during 

22 the 120-day period specified in paragraph (1) to be 

23 staggering the date of need in violation of section 

24 655.20(d) of title 20, Code of Federal Regulations, or 

25 any other applicable provision of law. 
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1 (b) H–2B NONIMMIGRANTS DEFINED.—In this section, 

2 the term ‘‘H–2B nonimmigrants’’ means aliens admitted 

3 to the United States pursuant to section 

4 101(a)(15)(H)(ii)(B) of the Immigration and Nationality 

5 Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)). 

6 SEC. 112. The determination of prevailing wage for 

7 the purposes of the H–2B program shall be the greater of— 

8 (1) the actual wage level paid by the employer to other em9 ployees with similar experience and qualifications for such 

10 position in the same location; or (2) the prevailing wage 

11 level for the occupational classification of the position in 

12 the geographic area in which the H–2B nonimmigrant will 

13 be employed, based on the best information available at the 

14 time of filing the petition. In the determination of pre15 vailing wage for the purposes of the H–2B program, the 

16 Secretary shall accept private wage surveys even in in17 stances where Occupational Employment Statistics survey 

18 data are available unless the Secretary determines that the 

19 methodology and data in the provided survey are not statis20 tically supported. 

21 SEC. 113. None of the funds in this Act shall be used 

22 to enforce the definition of corresponding employment found 

23 in 20 CFR 655.5 or the three-fourths guarantee rule defini24 tion found in 20 CFR 655.20, or any references thereto. 

25 Further, for the purpose of regulating admission of tem-
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1 porary workers under the H–2B program, the definition of 

2 temporary need shall be that provided in 8 CFR 

3 214.2(h)(6)(ii)(B). 

4 SEC. 114. None of the funds in this Act shall be used 

5 to implement 20 CFR 655.70 and 20 CFR 655.71. 

6 This title may be cited as the ‘‘Department of Labor 

7 Appropriations Act, 2016’’. 

8 TITLE II 

9 DEPARTMENT OF HEALTH AND HUMAN 

10 SERVICES 

11 HEALTH RESOURCES AND SERVICES ADMINISTRATION

12 PRIMARY HEALTH CARE

13 For carrying out titles II and III of the Public Health 

14 Service Act (referred to in this Act as the ‘‘PHS Act’’) with 

15 respect to primary health care and the Native Hawaiian 

16 Health Care Act of 1988, $1,491,522,000 (in addition to 

17 the $3,600,000,000 previously appropriated to the Commu18 nity Health Center Fund for fiscal year 2016): Provided, 

19 That no more than $100,000 shall be available until ex20 pended for carrying out the provisions of section 224(o) of 

21 the PHS Act: Provided further, That no more than 

22 $99,893,000 shall be available until expended for carrying 

23 out the provisions of Public Law 104–73 and for expenses 

24 incurred by the Department of Health and Human Services 

25 (referred to in this Act as ‘‘HHS’’) pertaining to adminis-
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•HR 2029 EAH 

1 trative claims made under such law: Provided further, That 

2 of funds provided for the Health Centers program, as de3 fined by section 330 of the PHS Act, by this Act or any 

4 other Act for fiscal year 2016, not less than $200,000,000 

5 shall be obligated in fiscal year 2016 to support new access 

6 points, grants to expand medical services, behavioral health, 

7 oral health, pharmacy, or vision services, and not less than 

8 $150,000,000 shall be obligated in fiscal year 2016 for con9 struction and capital improvement costs: Provided further, 

10 That the time limitation in section 330(e)(3) of the PHS 

11 Act shall not apply in fiscal year 2016. 

12 HEALTH WORKFORCE

13 For carrying out titles III, VII, and VIII of the PHS 

14 Act with respect to the health workforce, section 1128E of 

15 the Social Security Act, and the Health Care Quality Im16 provement Act of 1986, $786,895,000: Provided, That sec17 tions 747(c)(2), 751(j)(2), 762(k), and the proportional 

18 funding amounts in paragraphs (1) through (4) of section 

19 756(e) of the PHS Act shall not apply to funds made avail20 able under this heading: Provided further, That for any pro21 gram operating under section 751 of the PHS Act on or 

22 before January 1, 2009, the Secretary of Health and 

23 Human Services (referred to in this title as the ‘‘Sec24 retary’’) may hereafter waive any of the requirements con25 tained in sections 751(d)(2)(A) and 751(d)(2)(B) of such 
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1 Act for the full project period of a grant under such section: 

2 Provided further, That no funds shall be available for sec3 tion 340G–1 of the PHS Act: Provided further, That fees 

4 collected for the disclosure of information under section 

5 427(b) of the Health Care Quality Improvement Act of 1986 

6 and sections 1128E(d)(2) and 1921 of the Social Security 

7 Act shall be sufficient to recover the full costs of operating 

8 the programs authorized by such sections and shall remain 

9 available until expended for the National Practitioner Data 

10 Bank: Provided further, That funds transferred to this ac11 count to carry out section 846 and subpart 3 of part D 

12 of title III of the PHS Act may be used to make prior year 

13 adjustments to awards made under such sections. 

14 MATERNAL AND CHILD HEALTH

15 For carrying out titles III, XI, XII, and XIX of the 

16 PHS Act with respect to maternal and child health, title 

17 V of the Social Security Act, and section 712 of the Amer18 ican Jobs Creation Act of 2004, $845,117,000: Provided, 

19 That notwithstanding sections 502(a)(1) and 502(b)(1) of 

20 the Social Security Act, not more than $77,093,000 shall 

21 be available for carrying out special projects of regional and 

22 national significance pursuant to section 501(a)(2) of such 

23 Act and $10,276,000 shall be available for projects described 

24 in subparagraphs (A) through (F) of section 501(a)(3) of 

25 such Act. 
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1 RYAN WHITE HIV/AIDS PROGRAM

2 For carrying out title XXVI of the PHS Act with re3 spect to the Ryan White HIV/AIDS program, 

4 $2,322,781,000, of which $1,970,881,000 shall remain 

5 available to the Secretary through September 30, 2018, for 

6 parts A and B of title XXVI of the PHS Act, and of which 

7 not less than $900,313,000 shall be for State AIDS Drug 

8 Assistance Programs under the authority of section 2616 

9 or 311(c) of such Act. 

10 HEALTH CARE SYSTEMS

11 For carrying out titles III and XII of the PHS Act 

12 with respect to health care systems, and the Stem Cell 

13 Therapeutic and Research Act of 2005, $103,193,000, of 

14 which $122,000 shall be available until expended for facili15 ties renovations at the Gillis W. Long Hansen’s Disease 

16 Center. 

17 RURAL HEALTH

18 For carrying out titles III and IV of the PHS Act with 

19 respect to rural health, section 427(a) of the Federal Coal 

20 Mine Health and Safety Act of 1969, and sections 711 and 

21 1820 of the Social Security Act, $149,571,000, of which 

22 $41,609,000 from general revenues, notwithstanding section 

23 1820(j) of the Social Security Act, shall be available for 

24 carrying out the Medicare rural hospital flexibility grants 

25 program: Provided, That of the funds made available under 
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1 this heading for Medicare rural hospital flexibility grants, 

2 $14,942,000 shall be available for the Small Rural Hospital 

3 Improvement Grant Program for quality improvement and 

4 adoption of health information technology and up to 

5 $1,000,000 shall be to carry out section 1820(g)(6) of the 

6 Social Security Act, with funds provided for grants under 

7 section 1820(g)(6) available for the purchase and imple8 mentation of telehealth services, including pilots and dem9 onstrations on the use of electronic health records to coordi10 nate rural veterans care between rural providers and the 

11 Department of Veterans Affairs electronic health record sys12 tem: Provided further, That notwithstanding section 

13 338J(k) of the PHS Act, $9,511,000 shall be available for 

14 State Offices of Rural Health. 

15 FAMILY PLANNING

16 For carrying out the program under title X of the PHS 

17 Act to provide for voluntary family planning projects, 

18 $286,479,000: Provided, That amounts provided to said 

19 projects under such title shall not be expended for abortions, 

20 that all pregnancy counseling shall be nondirective, and 

21 that such amounts shall not be expended for any activity 

22 (including the publication or distribution of literature) that 

23 in any way tends to promote public support or opposition 

24 to any legislative proposal or candidate for public office. 
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1 PROGRAM MANAGEMENT

2 For program support in the Health Resources and 

3 Services Administration, $154,000,000: Provided, That 

4 funds made available under this heading may be used to 

5 supplement program support funding provided under the 

6 headings ‘‘Primary Health Care’’, ‘‘Health Workforce’’, 

7 ‘‘Maternal and Child Health’’, ‘‘Ryan White HIV/AIDS 

8 Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’. 

9 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

10 For payments from the Vaccine Injury Compensation 

11 Program Trust Fund (the ‘‘Trust Fund’’), such sums as 

12 may be necessary for claims associated with vaccine-related 

13 injury or death with respect to vaccines administered after 

14 September 30, 1988, pursuant to subtitle 2 of title XXI of 

15 the PHS Act, to remain available until expended: Provided, 

16 That for necessary administrative expenses, not to exceed 

17 $7,500,000 shall be available from the Trust Fund to the 

18 Secretary. 

19 CENTERS FOR DISEASE CONTROL AND PREVENTION

20 IMMUNIZATION AND RESPIRATORY DISEASES

21 For carrying out titles II, III, XVII, and XXI, and 

22 section 2821 of the PHS Act, titles II and IV of the Immi23 gration and Nationality Act, and section 501 of the Refugee 

24 Education Assistance Act, with respect to immunization 

25 and respiratory diseases, $459,055,000. 
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1 HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED

2 DISEASES, AND TUBERCULOSIS PREVENTION

3 For carrying out titles II, III, XVII, and XXIII of the 

4 PHS Act with respect to HIV/AIDS, viral hepatitis, sexu5 ally transmitted diseases, and tuberculosis prevention, 

6 $1,122,278,000. 

7 EMERGING AND ZOONOTIC INFECTIOUS DISEASES

8 For carrying out titles II, III, and XVII, and section 

9 2821 of the PHS Act, titles II and IV of the Immigration 

10 and Nationality Act, and section 501 of the Refugee Edu11 cation Assistance Act, with respect to emerging and zoonotic 

12 infectious diseases, $527,885,000. 

13 CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION

14 For carrying out titles II, III, XI, XV, XVII, and XIX 

15 of the PHS Act with respect to chronic disease prevention 

16 and health promotion, $838,146,000: Provided, That funds 

17 appropriated under this account may be available for mak18 ing grants under section 1509 of the PHS Act for not less 

19 than 21 States, tribes, or tribal organizations: Provided fur20 ther, That of the funds available under this heading, 

21 $10,000,000 shall be available to continue and expand com22 munity specific extension and outreach programs to combat 

23 obesity in counties with the highest levels of obesity: Pro24 vided further, That the proportional funding requirements 
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1 under section 1503(a) of the PHS Act shall not apply to 

2 funds made available under this heading. 

3 BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, 

4 DISABILITIES AND HEALTH

5 For carrying out titles II, III, XI, and XVII of the 

6 PHS Act with respect to birth defects, developmental dis7 abilities, disabilities and health, $135,610,000. 

8 PUBLIC HEALTH SCIENTIFIC SERVICES

9 For carrying out titles II, III, and XVII of the PHS 

10 Act with respect to health statistics, surveillance, health 

11 informatics, and workforce development, $491,597,000. 

12 ENVIRONMENTAL HEALTH

13 For carrying out titles II, III, and XVII of the PHS 

14 Act with respect to environmental health, $165,303,000. 

15 INJURY PREVENTION AND CONTROL

16 For carrying out titles II, III, and XVII of the PHS 

17 Act with respect to injury prevention and control, 

18 $236,059,000: Provided, That of the funds provided under 

19 this heading, $70,000,000 shall be available for an evidence20 based opioid drug overdose prevention program. 

21 NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND

22 HEALTH

23 For carrying out titles II, III, and XVII of the PHS 

24 Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 

25 of the Federal Mine Safety and Health Act, section 13 of 
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1 the Mine Improvement and New Emergency Response Act, 

2 and sections 20, 21, and 22 of the Occupational Safety and 

3 Health Act, with respect to occupational safety and health, 

4 $339,121,000. 

5 ENERGY EMPLOYEES OCCUPATIONAL ILLNESS

6 COMPENSATION PROGRAM

7 For necessary expenses to administer the Energy Em8 ployees Occupational Illness Compensation Program Act, 

9 $55,358,000, to remain available until expended: Provided, 

10 That this amount shall be available consistent with the pro11 vision regarding administrative expenses in section 151(b) 

12 of division B, title I of Public Law 106–554. 

13 GLOBAL HEALTH

14 For carrying out titles II, III, and XVII of the PHS 

15 Act with respect to global health, $427,121,000, of which 

16 $128,421,000 for international HIV/AIDS shall remain 

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

18 may be used for purchase and insurance of official motor 

19 vehicles in foreign countries. 

20 PUBLIC HEALTH PREPAREDNESS AND RESPONSE

21 For carrying out titles II, III, and XVII of the PHS 

22 Act with respect to public health preparedness and response, 

23 and for expenses necessary to support activities related to 

24 countering potential biological, nuclear, radiological, and 

25 chemical threats to civilian populations, $1,405,000,000, of 
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1 which $575,000,000 shall remain available until expended 

2 for the Strategic National Stockpile: Provided, That in the 

3 event the Director of the CDC activates the Emergency Op4 erations Center, the Director of the CDC may detail CDC 

5 staff without reimbursement for up to 90 days to support 

6 the work of the CDC Emergency Operations Center, so long 

7 as the Director provides a notice to the Committees on Ap8 propriations of the House of Representatives and the Senate 

9 within 15 days of the use of this authority and a full report 

10 within 30 days after use of this authority which includes 

11 the number of staff and funding level broken down by the 

12 originating center and number of days detailed: Provided 

13 further, That funds appropriated under this heading may 

14 be used to support a contract for the operation and mainte15 nance of an aircraft in direct support of activities through16 out CDC to ensure the agency is prepared to address public 

17 health preparedness emergencies. 

18 BUILDINGS AND FACILITIES

19 (INCLUDING TRANSFER OF FUNDS)

20 For acquisition of real property, equipment, construc21 tion, demolition, and renovation of facilities, $10,000,000, 

22 which shall remain available until September 30, 2020: 

23 Provided, That funds previously set-aside by CDC for re24 pair and upgrade of the Lake Lynn Experimental Mine 

25 and Laboratory shall be used to acquire a replacement mine 
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•HR 2029 EAH 

1 safety research facility: Provided further, That in addition, 

2 the prior year unobligated balance of any amounts assigned 

3 to former employees in accounts of CDC made available for 

4 Individual Learning Accounts shall be credited to and 

5 merged with the amounts made available under this head6 ing to support the replacement of the mine safety research 

7 facility. 

8 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

9 For carrying out titles II, III, XVII and XIX, and 

10 section 2821 of the PHS Act and for cross-cutting activities 

11 and program support for activities funded in other appro12 priations included in this Act for the Centers for Disease 

13 Control and Prevention, $113,570,000: Provided, That 

14 paragraphs (1) through (3) of subsection (b) of section 2821 

15 of the PHS Act shall not apply to funds appropriated under 

16 this heading and in all other accounts of the CDC: Provided 

17 further, That employees of CDC or the Public Health Serv18 ice, both civilian and commissioned officers, detailed to 

19 States, municipalities, or other organizations under author20 ity of section 214 of the PHS Act, or in overseas assign21 ments, shall be treated as non-Federal employees for report22 ing purposes only and shall not be included within any 

23 personnel ceiling applicable to the Agency, Service, or HHS 

24 during the period of detail or assignment: Provided further, 

25 That CDC may use up to $10,000 from amounts appro-
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1 priated to CDC in this Act for official reception and rep2 resentation expenses when specifically approved by the Di3 rector of CDC: Provided further, That in addition, such 

4 sums as may be derived from authorized user fees, which 

5 shall be credited to the appropriation charged with the cost 

6 thereof: Provided further, That with respect to the previous 

7 proviso, authorized user fees from the Vessel Sanitation Pro8 gram and the Respirator Certification Program shall be 

9 available through September 30, 2017. 

10 NATIONAL INSTITUTES OF HEALTH

11 NATIONAL CANCER INSTITUTE

12 For carrying out section 301 and title IV of the PHS 

13 Act with respect to cancer, $5,214,701,000, of which up to 

14 $16,000,000 may be used for facilities repairs and improve15 ments at the National Cancer Institute—Frederick Feder16 ally Funded Research and Development Center in Fred17 erick, Maryland. 

18 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

19 For carrying out section 301 and title IV of the PHS 

20 Act with respect to cardiovascular, lung, and blood diseases, 

21 and blood and blood products, $3,115,538,000. 
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1 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

2 RESEARCH

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to dental and craniofacial diseases, 

5 $415,582,000. 

6 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

7 KIDNEY DISEASES

8 For carrying out section 301 and title IV of the PHS 

9 Act with respect to diabetes and digestive and kidney dis10 ease, $1,818,357,000. 

11 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND

12 STROKE

13 For carrying out section 301 and title IV of the PHS 

14 Act with respect to neurological disorders and stroke, 

15 $1,696,139,000. 

16 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

17 DISEASES

18 For carrying out section 301 and title IV of the PHS 

19 Act with respect to allergy and infectious diseases, 

20 $4,629,928,000. 

21 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

22 For carrying out section 301 and title IV of the PHS 

23 Act with respect to general medical sciences, 

24 $2,512,073,000, of which $780,000,000 shall be from funds 

25 available under section 241 of the PHS Act: Provided, That 
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•HR 2029 EAH 

1 not less than $320,840,000 is provided for the Institutional 

2 Development Awards program. 

3 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD

4 HEALTH AND HUMAN DEVELOPMENT

5 For carrying out section 301 and title IV of the PHS 

6 Act with respect to child health and human development, 

7 $1,339,802,000. 

8 NATIONAL EYE INSTITUTE

9 For carrying out section 301 and title IV of the PHS 

10 Act with respect to eye diseases and visual disorders, 

11 $715,903,000. 

12 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

13 SCIENCES

14 For carrying out section 301 and title IV of the PHS 

15 Act with respect to environmental health sciences, 

16 $693,702,000. 

17 NATIONAL INSTITUTE ON AGING

18 For carrying out section 301 and title IV of the PHS 

19 Act with respect to aging, $1,600,191,000. 

20 NATIONAL INSTITUTE OF ARTHRITIS AND

21 MUSCULOSKELETAL AND SKIN DISEASES

22 For carrying out section 301 and title IV of the PHS 

23 Act with respect to arthritis and musculoskeletal and skin 

24 diseases, $542,141,000. 
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•HR 2029 EAH 

1 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

2 COMMUNICATION DISORDERS

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to deafness and other communication dis5 orders, $423,031,000. 

6 NATIONAL INSTITUTE OF NURSING RESEARCH

7 For carrying out section 301 and title IV of the PHS 

8 Act with respect to nursing research, $146,485,000. 

9 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

10 ALCOHOLISM

11 For carrying out section 301 and title IV of the PHS 

12 Act with respect to alcohol abuse and alcoholism, 

13 $467,700,000. 

14 NATIONAL INSTITUTE ON DRUG ABUSE

15 For carrying out section 301 and title IV of the PHS 

16 Act with respect to drug abuse, $1,077,488,000. 

17 NATIONAL INSTITUTE OF MENTAL HEALTH

18 For carrying out section 301 and title IV of the PHS 

19 Act with respect to mental health, $1,548,390,000. 

20 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

21 For carrying out section 301 and title IV of the PHS 

22 Act with respect to human genome research, $518,956,000. 
865 

•HR 2029 EAH 

1 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

2 BIOENGINEERING

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to biomedical imaging and bioengineering 

5 research, $346,795,000. 

6 NATIONAL CENTER FOR COMPLEMENTARY AND

7 INTEGRATIVE HEALTH

8 For carrying out section 301 and title IV of the PHS 

9 Act with respect to complementary and integrative health, 

10 $130,789,000. 

11 NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH

12 DISPARITIES

13 For carrying out section 301 and title IV of the PHS 

14 Act with respect to minority health and health disparities 

15 research, $279,718,000. 

16 JOHN E. FOGARTY INTERNATIONAL CENTER

17 For carrying out the activities of the John E. Fogarty 

18 International Center (described in subpart 2 of part E of 

19 title IV of the PHS Act), $70,447,000. 

20 NATIONAL LIBRARY OF MEDICINE

21 For carrying out section 301 and title IV of the PHS 

22 Act with respect to health information communications, 

23 $394,664,000: Provided, That of the amounts available for 

24 improvement of information systems, $4,000,000 shall be 

25 available until September 30, 2017: Provided further, That 
866 

•HR 2029 EAH 

1 in fiscal year 2016, the National Library of Medicine may 

2 enter into personal services contracts for the provision of 

3 services in facilities owned, operated, or constructed under 

4 the jurisdiction of the National Institutes of Health (re5 ferred to in this title as ‘‘NIH’’). 

6 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL

7 SCIENCES

8 For carrying out section 301 and title IV of the PHS 

9 Act with respect to translational sciences, $685,417,000: 

10 Provided, That up to $25,835,000 shall be available to im11 plement section 480 of the PHS Act, relating to the Cures 

12 Acceleration Network: Provided further, That at least 

13 $500,000,000 is provided to the Clinical and Translational 

14 Sciences Awards program. 

15 OFFICE OF THE DIRECTOR

16 For carrying out the responsibilities of the Office of 

17 the Director, NIH, $1,558,600,000, of which up to 

18 $30,000,000 may be used to carry out section 215 of this 

19 Act: Provided, That funding shall be available for the pur20 chase of not to exceed 29 passenger motor vehicles for re21 placement only: Provided further, That all funds credited 

22 to the NIH Management Fund shall remain available for 

23 one fiscal year after the fiscal year in which they are depos24 ited: Provided further, That $165,000,000 shall be for the 

25 National Children’s Study Follow-on: Provided further, 
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•HR 2029 EAH 

1 That NIH shall submit a spend plan on the next phase of 

2 the study in the previous proviso to the Committees on Ap3 propriations of the House of Representatives and the Senate 

4 not later than 90 days after the date of enactment of this 

5 Act: Provided further, That $663,039,000 shall be available 

6 for the Common Fund established under section 402A(c)(1) 

7 of the PHS Act: Provided further, That of the funds pro8 vided, $10,000 shall be for official reception and representa9 tion expenses when specifically approved by the Director 

10 of the NIH: Provided further, That the Office of AIDS Re11 search within the Office of the Director of the NIH may 

12 spend up to $8,000,000 to make grants for construction or 

13 renovation of facilities as provided for in section 

14 2354(a)(5)(B) of the PHS Act: Provided further, That up 

15 to $130,000,000 of the funds provided to the Common Fund 

16 are available to support the trans-NIH Precision Medicine 

17 Initiative: Provided further, That of the amount provided 

18 to the NIH, the Director of the NIH shall enter into an 

19 agreement with the National Academy of Sciences, as part 

20 of the studies conducted under section 489 of the PHS Act, 

21 to conduct a comprehensive study on policies affecting the 

22 next generation of researchers in the United States: Pro23 vided further, That, of the funds from Institute, Center, and 

24 Office of the Director accounts within ‘‘Department of 

25 Health and Human Services, National Institutes of 
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•HR 2029 EAH 

1 Health,’’ in order to strengthen privacy protections for 

2 human research participants, NIH shall require investiga3 tors receiving NIH funding for new and competing research 

4 projects designed to generate and analyze large volumes of 

5 data derived from human research participants to obtain 

6 a certificate of confidentiality. 

7 In addition to other funds appropriated for the Com8 mon Fund established under section 402A(c) of the PHS 

9 Act, $12,600,000 is appropriated to the Common Fund 

10 from the 10-year Pediatric Research Initiative Fund de11 scribed in section 9008 of title 26, United States Code, for 

12 the purpose of carrying out section 402(b)(7)(B)(ii) of the 

13 PHS Act (relating to pediatric research), as authorized in 

14 the Gabriella Miller Kids First Research Act. 

15 BUILDINGS AND FACILITIES

16 For the study of, construction of, renovation of, and 

17 acquisition of equipment for, facilities of or used by NIH, 

18 including the acquisition of real property, $128,863,000, to 

19 remain available through September 30, 2020. 

20 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

21 ADMINISTRATION

22 MENTAL HEALTH

23 For carrying out titles III, V, and XIX of the PHS 

24 Act with respect to mental health, and the Protection and 

25 Advocacy for Individuals with Mental Illness Act, 
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•HR 2029 EAH 

1 $1,133,948,000: Provided, That notwithstanding section 

2 520A(f)(2) of the PHS Act, no funds appropriated for car3 rying out section 520A shall be available for carrying out 

4 section 1971 of the PHS Act: Provided further, That in ad5 dition to amounts provided herein, $21,039,000 shall be 

6 available under section 241 of the PHS Act to carry out 

7 subpart I of part B of title XIX of the PHS Act to fund 

8 section 1920(b) technical assistance, national data, data 

9 collection and evaluation activities, and further that the 

10 total available under this Act for section 1920(b) activities 

11 shall not exceed 5 percent of the amounts appropriated for 

12 subpart I of part B of title XIX: Provided further, That 

13 section 520E(b)(2) of the PHS Act shall not apply to funds 

14 appropriated in this Act for fiscal year 2016: Provided fur15 ther, That of the amount appropriated under this heading, 

16 $46,887,000 shall be for the National Child Traumatic 

17 Stress Initiative as described in section 582 of the PHS 

18 Act: Provided further, That notwithstanding section 

19 565(b)(1) of the PHS Act, technical assistance may be pro20 vided to a public entity to establish or operate a system 

21 of comprehensive community mental health services to chil22 dren with a serious emotional disturbance, without regard 

23 to whether the public entity receives a grant under section 

24 561(a) of such Act: Provided further, That States shall ex25 pend at least 10 percent of the amount each receives for 
870 

•HR 2029 EAH 

1 carrying out section 1911 of the PHS Act to support evi2 dence-based programs that address the needs of individuals 

3 with early serious mental illness, including psychotic dis4 orders, regardless of the age of the individual at onset: Pro5 vided further, That none of the funds provided for section 

6 1911 of the PHS Act shall be subject to section 241 of such 

7 Act: Provided further, That of the funds made available 

8 under this heading, $15,000,000 shall be to carry out sec9 tion 224 of the Protecting Access to Medicare Act of 2014 

10 (Public Law 113–93; 42 U.S.C. 290aa 22 note). 

11 SUBSTANCE ABUSE TREATMENT

12 For carrying out titles III, V, and XIX of the PHS 

13 Act with respect to substance abuse treatment and section 

14 1922(a) of the PHS Act with respect to substance abuse pre15 vention, $2,114,224,000: Provided, That in addition to 

16 amounts provided herein, the following amounts shall be 

17 available under section 241 of the PHS Act: (1) $79,200,000 

18 to carry out subpart II of part B of title XIX of the PHS 

19 Act to fund section 1935(b) technical assistance, national 

20 data, data collection and evaluation activities, and further 

21 that the total available under this Act for section 1935(b) 

22 activities shall not exceed 5 percent of the amounts appro23 priated for subpart II of part B of title XIX; and (2) 

24 $2,000,000 to evaluate substance abuse treatment programs: 

25 Provided further, That none of the funds provided for sec-
871 

•HR 2029 EAH 

1 tion 1921 of the PHS Act shall be subject to section 241 

2 of such Act. 

3 SUBSTANCE ABUSE PREVENTION

4 For carrying out titles III and V of the PHS Act with 

5 respect to substance abuse prevention, $211,219,000. 

6 HEALTH SURVEILLANCE AND PROGRAM SUPPORT

7 For program support and cross-cutting activities that 

8 supplement activities funded under the headings ‘‘Mental 

9 Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance 

10 Abuse Prevention’’ in carrying out titles III, V, and XIX 

11 of the PHS Act and the Protection and Advocacy for Indi12 viduals with Mental Illness Act in the Substance Abuse and 

13 Mental Health Services Administration, $174,878,000: Pro14 vided, That in addition to amounts provided herein, 

15 $31,428,000 shall be available under section 241 of the PHS 

16 Act to supplement funds available to carry out national 

17 surveys on drug abuse and mental health, to collect and 

18 analyze program data, and to conduct public awareness 

19 and technical assistance activities: Provided further, That, 

20 in addition, fees may be collected for the costs of publica21 tions, data, data tabulations, and data analysis completed 

22 under title V of the PHS Act and provided to a public or 

23 private entity upon request, which shall be credited to this 

24 appropriation and shall remain available until expended 

25 for such purposes: Provided further, That amounts made 
872 

•HR 2029 EAH 

1 available in this Act for carrying out section 501(m) of the 

2 PHS Act shall remain available through September 30, 

3 2017: Provided further, That funds made available under 

4 this heading may be used to supplement program support 

5 funding provided under the headings ‘‘Mental Health’’, 

6 ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse Pre7 vention’’. 

8 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

9 HEALTHCARE RESEARCH AND QUALITY

10 For carrying out titles III and IX of the PHS Act, 

11 part A of title XI of the Social Security Act, and section 

12 1013 of the Medicare Prescription Drug, Improvement, and 

13 Modernization Act of 2003, $334,000,000: Provided, That 

14 section 947(c) of the PHS Act shall not apply in fiscal year 

15 2016: Provided further, That in addition, amounts received 

16 from Freedom of Information Act fees, reimbursable and 

17 interagency agreements, and the sale of data shall be cred18 ited to this appropriation and shall remain available until 

19 September 30, 2017. 

20 CENTERS FOR MEDICARE AND MEDICAID SERVICES

21 GRANTS TO STATES FOR MEDICAID

22 For carrying out, except as otherwise provided, titles 

23 XI and XIX of the Social Security Act, $243,545,410,000, 

24 to remain available until expended. 
873 

•HR 2029 EAH 

1 For making, after May 31, 2016, payments to States 

2 under title XIX or in the case of section 1928 on behalf 

3 of States under title XIX of the Social Security Act for the 

4 last quarter of fiscal year 2016 for unanticipated costs in5 curred for the current fiscal year, such sums as may be nec6 essary. 

7 For making payments to States or in the case of sec8 tion 1928 on behalf of States under title XIX of the Social 

9 Security Act for the first quarter of fiscal year 2017, 

10 $115,582,502,000, to remain available until expended. 

11 Payment under such title XIX may be made for any 

12 quarter with respect to a State plan or plan amendment 

13 in effect during such quarter, if submitted in or prior to 

14 such quarter and approved in that or any subsequent quar15 ter. 

16 PAYMENTS TO HEALTH CARE TRUST FUNDS

17 For payment to the Federal Hospital Insurance Trust 

18 Fund and the Federal Supplementary Medical Insurance 

19 Trust Fund, as provided under sections 217(g), 1844, and 

20 1860D–16 of the Social Security Act, sections 103(c) and 

21 111(d) of the Social Security Amendments of 1965, section 

22 278(d)(3) of Public Law 97–248, and for administrative 

23 expenses incurred pursuant to section 201(g) of the Social 

24 Security Act, $283,171,800,000. 
874 

•HR 2029 EAH 

1 In addition, for making matching payments under sec2 tion 1844 and benefit payments under section 1860D–16 

3 of the Social Security Act that were not anticipated in 

4 budget estimates, such sums as may be necessary. 

5 PROGRAM MANAGEMENT

6 For carrying out, except as otherwise provided, titles 

7 XI, XVIII, XIX, and XXI of the Social Security Act, titles 

8 XIII and XXVII of the PHS Act, the Clinical Laboratory 

9 Improvement Amendments of 1988, and other responsibil10 ities of the Centers for Medicare and Medicaid Services, not 

11 to exceed $3,669,744,000, to be transferred from the Federal 

12 Hospital Insurance Trust Fund and the Federal Supple13 mentary Medical Insurance Trust Fund, as authorized by 

14 section 201(g) of the Social Security Act; together with all 

15 funds collected in accordance with section 353 of the PHS 

16 Act and section 1857(e)(2) of the Social Security Act, funds 

17 retained by the Secretary pursuant to section 302 of the 

18 Tax Relief and Health Care Act of 2006; and such sums 

19 as may be collected from authorized user fees and the sale 

20 of data, which shall be credited to this account and remain 

21 available until September 30, 2021: Provided, That all 

22 funds derived in accordance with 31 U.S.C. 9701 from or23 ganizations established under title XIII of the PHS Act 

24 shall be credited to and available for carrying out the pur25 poses of this appropriation: Provided further, That the Sec-
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•HR 2029 EAH 

1 retary is directed to collect fees in fiscal year 2016 from 

2 Medicare Advantage organizations pursuant to section 

3 1857(e)(2) of the Social Security Act and from eligible orga4 nizations with risk-sharing contracts under section 1876 of 

5 that Act pursuant to section 1876(k)(4)(D) of that Act. 

6 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

7 In addition to amounts otherwise available for pro8 gram integrity and program management, $681,000,000, to 

9 remain available through September 30, 2017, to be trans10 ferred from the Federal Hospital Insurance Trust Fund and 

11 the Federal Supplementary Medical Insurance Trust Fund, 

12 as authorized by section 201(g) of the Social Security Act, 

13 of which $486,120,000 shall be for the Medicare Integrity 

14 Program at the Centers for Medicare and Medicaid Serv15 ices, including administrative costs, to conduct oversight ac16 tivities for Medicare Advantage under Part C and the Medi17 care Prescription Drug Program under Part D of the Social 

18 Security Act and for activities described in section 1893(b) 

19 of such Act, of which $67,200,000 shall be for the Depart20 ment of Health and Human Services Office of Inspector 

21 General to carry out fraud and abuse activities authorized 

22 by section 1817(k)(3) of such Act, of which $67,200,000 

23 shall be for the Medicaid and Children’s Health Insurance 

24 Program (‘‘CHIP’’) program integrity activities, and of 

25 which $60,480,000 shall be for the Department of Justice 
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•HR 2029 EAH 

1 to carry out fraud and abuse activities authorized by sec2 tion 1817(k)(3) of such Act: Provided, That the report re3 quired by section 1817(k)(5) of the Social Security Act for 

4 fiscal year 2016 shall include measures of the operational 

5 efficiency and impact on fraud, waste, and abuse in the 

6 Medicare, Medicaid, and CHIP programs for the funds pro7 vided by this appropriation: Provided further, That of the 

8 amount provided under this heading, $311,000,000 is pro9 vided to meet the terms of section 251(b)(2)(C)(ii) of the 

10 Balanced Budget and Emergency Deficit Control Act of 

11 1985, as amended, and $370,000,000 is additional new 

12 budget authority specified for purposes of section 

13 251(b)(2)(C) of such Act: Provided further, That the Sec14 retary shall support the full cost of the Senior Medicare Pa15 trol program to combat health care fraud and abuse from 

16 the funds provided to this account. 

17 ADMINISTRATION FOR CHILDREN AND FAMILIES

18 PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT

19 AND FAMILY SUPPORT PROGRAMS

20 For carrying out, except as otherwise provided, titles 

21 I, IV–D, X, XI, XIV, and XVI of the Social Security Act 

22 and the Act of July 5, 1960, $2,944,906,000, to remain 

23 available until expended; and for such purposes for the first 

24 quarter of fiscal year 2017, $1,300,000,000, to remain 

25 available until expended. 
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•HR 2029 EAH 

1 For carrying out, after May 31 of the current fiscal 

2 year, except as otherwise provided, titles I, IV–D, X, XI, 

3 XIV, and XVI of the Social Security Act and the Act of 

4 July 5, 1960, for the last 3 months of the current fiscal 

5 year for unanticipated costs, incurred for the current fiscal 

6 year, such sums as may be necessary. 

7 LOW INCOME HOME ENERGY ASSISTANCE

8 For making payments under subsections (b) and (d) 

9 of section 2602 of the Low Income Home Energy Assistance 

10 Act of 1981, $3,390,304,000: Provided, That all but 

11 $491,000,000 of this amount shall be allocated as though 

12 the total appropriation for such payments for fiscal year 

13 2016 was less than $1,975,000,000: Provided further, That 

14 notwithstanding section 2609A(a), of the amounts appro15 priated under section 2602(b), not more than $2,988,000 

16 of such amounts may be reserved by the Secretary for tech17 nical assistance, training, and monitoring of program ac18 tivities for compliance with internal controls, policies and 

19 procedures and may, in addition to the authorities provided 

20 in section 2609A(a)(1), use such funds through contracts 

21 with private entities that do not qualify as nonprofit orga22 nizations. 

23 REFUGEE AND ENTRANT ASSISTANCE

24 For necessary expenses for refugee and entrant assist25 ance activities authorized by section 414 of the Immigration 
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•HR 2029 EAH 

1 and Nationality Act and section 501 of the Refugee Edu2 cation Assistance Act of 1980, and for carrying out section 

3 462 of the Homeland Security Act of 2002, section 235 of 

4 the William Wilberforce Trafficking Victims Protection Re5 authorization Act of 2008, the Trafficking Victims Protec6 tion Act of 2000 (‘‘TVPA’’), section 203 of the Trafficking 

7 Victims Protection Reauthorization Act of 2005, and the 

8 Torture Victims Relief Act of 1998, $1,674,691,000, of 

9 which $1,645,201,000 shall remain available through Sep10 tember 30, 2018 for carrying out such sections 414, 501, 

11 462, and 235: Provided, That amounts available under this 

12 heading to carry out such section 203 and the TVPA shall 

13 also be available for research and evaluation with respect 

14 to activities under those authorities: Provided further, That 

15 the limitation in section 205 of this Act regarding transfers 

16 increasing any appropriation shall apply to transfers to 

17 appropriations under this heading by substituting ‘‘10 per18 cent’’ for ‘‘3 percent’’. 

19 PAYMENTS TO STATES FOR THE CHILD CARE AND

20 DEVELOPMENT BLOCK GRANT

21 For carrying out the Child Care and Development 

22 Block Grant Act of 2014 (‘‘CCDBG Act’’), $2,761,000,000 

23 shall be used to supplement, not supplant State general rev24 enue funds for child care assistance for low-income families: 

25 Provided, That, in addition to the amounts required to be 
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•HR 2029 EAH 

1 reserved by the States under section 658G of the CCDBG 

2 Act, $127,206,000 shall be for activities that improve the 

3 quality of infant and toddler care: Provided further, That 

4 technical assistance under section 658I(a)(3) of such Act 

5 may be provided directly, or through the use of contracts, 

6 grants, cooperative agreements, or interagency agreements: 

7 Provided further, That all funds made available to carry 

8 out section 418 of the Social Security Act (42 U.S.C. 618), 

9 including funds appropriated for that purpose in such sec10 tion 418 or any other provision of law, shall be subject to 

11 the reservation of funds authority in paragraphs (4) and 

12 (5) of section 658O(a) of the CCDBG Act. 

13 SOCIAL SERVICES BLOCK GRANT

14 For making grants to States pursuant to section 2002 

15 of the Social Security Act, $1,700,000,000: Provided, That 

16 notwithstanding subparagraph (B) of section 404(d)(2) of 

17 such Act, the applicable percent specified under such sub18 paragraph for a State to carry out State programs pursu19 ant to title XX–A of such Act shall be 10 percent. 

20 CHILDREN AND FAMILIES SERVICES PROGRAMS

21 For carrying out, except as otherwise provided, the 

22 Runaway and Homeless Youth Act, the Head Start Act, the 

23 Child Abuse Prevention and Treatment Act, sections 303 

24 and 313 of the Family Violence Prevention and Services 

25 Act, the Native American Programs Act of 1974, title II 
880 

•HR 2029 EAH 

1 of the Child Abuse Prevention and Treatment and Adoption 

2 Reform Act of 1978 (adoption opportunities), part B–1 of 

3 title IV and sections 429, 473A, 477(i), 1110, 1114A, and 

4 1115 of the Social Security Act; for making payments 

5 under the Community Services Block Grant Act (‘‘CSBG 

6 Act’’), and the Assets for Independence Act; for necessary 

7 administrative expenses to carry out titles I, IV, V, X, XI, 

8 XIV, XVI, and XX–A of the Social Security Act, the Act 

9 of July 5, 1960, the Low Income Home Energy Assistance 

10 Act of 1981, title IV of the Immigration and Nationality 

11 Act, and section 501 of the Refugee Education Assistance 

12 Act of 1980; and for the administration of prior year obli13 gations made by the Administration for Children and Fam14 ilies under the Developmental Disabilities Assistance and 

15 Bill of Rights Act and the Help America Vote Act of 2002, 

16 $10,984,268,000, of which $37,943,000, to remain available 

17 through September 30, 2017, shall be for grants to States 

18 for adoption and legal guardianship incentive payments, 

19 as defined by section 473A of the Social Security Act and 

20 may be made for adoptions completed before September 30, 

21 2016: Provided, That $9,168,095,000 shall be for making 

22 payments under the Head Start Act: Provided further, That 

23 of the amount in the previous proviso, $8,214,095,000 shall 

24 be available for payments under section 640 of the Head 

25 Start Act, of which $141,000,000 shall be available for a 
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•HR 2029 EAH 

1 cost of living adjustment notwithstanding section 

2 640(a)(3)(A) of such Act: Provided further, That notwith3 standing such section 640, of the amount in the second pre4 ceding proviso, $294,000,000 (of which up to one percent 

5 may be reserved for research and evaluation) shall be avail6 able through December 31, 2016 for award by the Secretary 

7 to grantees that apply for supplemental funding to increase 

8 their hours of program operations and for training and 

9 technical assistance for such activities: Provided further, 

10 That of the amount provided for making payments under 

11 the Head Start Act, $25,000,000 shall be available for allo12 cation by the Secretary to supplement activities described 

13 in paragraphs (7)(B) and (9) of section 641(c) of such Act 

14 under the Designation Renewal System, established under 

15 the authority of sections 641(c)(7), 645A(b)(12) and 

16 645A(d) of such Act: Provided further, That notwith17 standing such section 640, of the amount provided for mak18 ing payments under the Head Start Act, and in addition 

19 to funds otherwise available under such section 640 for such 

20 purposes, $635,000,000 shall be available through March 

21 31, 2017 for Early Head Start programs as described in 

22 section 645A of such Act, for conversion of Head Start serv23 ices to Early Head Start services as described in section 

24 645(a)(5)(A) of such Act, for discretionary grants for high 

25 quality infant and toddler care through Early Head Start- 
882 

•HR 2029 EAH 

1 Child Care Partnerships, to entities defined as eligible 

2 under section 645A(d) of such Act, for training and tech3 nical assistance for such activities, and for up to 

4 $14,000,000 in Federal costs of administration and evalua5 tion, and, notwithstanding section 645A(c)(2) of such Act, 

6 these funds are available to serve children under age 4: Pro7 vided further, That funds described in the preceding two 

8 provisos shall not be included in the calculation of ‘‘base 

9 grant’’ in subsequent fiscal years, as such term is used in 

10 section 640(a)(7)(A) of such Act: Provided further, That 

11 $751,383,000 shall be for making payments under the 

12 CSBG Act: Provided further, That $36,733,000 shall be for 

13 sections 680 and 678E(b)(2) of the CSBG Act, of which not 

14 less than $29,883,000 shall be for section 680(a)(2) and not 

15 less than $6,500,000 shall be for section 680(a)(3)(B) of 

16 such Act: Provided further, That to the extent Community 

17 Services Block Grant funds are distributed as grant funds 

18 by a State to an eligible entity as provided under the CSBG 

19 Act, and have not been expended by such entity, they shall 

20 remain with such entity for carryover into the next fiscal 

21 year for expenditure by such entity consistent with program 

22 purposes: Provided further, That the Secretary shall estab23 lish procedures regarding the disposition of intangible as24 sets and program income that permit such assets acquired 

25 with, and program income derived from, grant funds au-
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•HR 2029 EAH 

1 thorized under section 680 of the CSBG Act to become the 

2 sole property of such grantees after a period of not more 

3 than 12 years after the end of the grant period for any ac4 tivity consistent with section 680(a)(2)(A) of the CSBG Act: 

5 Provided further, That intangible assets in the form of 

6 loans, equity investments and other debt instruments, and 

7 program income may be used by grantees for any eligible 

8 purpose consistent with section 680(a)(2)(A) of the CSBG 

9 Act: Provided further, That these procedures shall apply to 

10 such grant funds made available after November 29, 1999: 

11 Provided further, That funds appropriated for section 

12 680(a)(2) of the CSBG Act shall be available for financing 

13 construction and rehabilitation and loans or investments 

14 in private business enterprises owned by community devel15 opment corporations: Provided further, That the Secretary 

16 shall issue performance standards for nonprofit organiza17 tions receiving funds from State and territorial grantees 

18 under the CSBG Act, and such States and territories shall 

19 assure the implementation of such standards prior to Sep20 tember 30, 2016, and include information on such imple21 mentation in the report required by section 678E(2) of such 

22 Act: Provided further, That, to the extent funds for the As23 sets for Independence (AFI) Act provided in this Act are 

24 distributed as grant funds to a qualified entity and have 

25 not been expended by such entity within 3 years after the 
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•HR 2029 EAH 

1 date of the award, such funds may be recaptured and, dur2 ing the fiscal year of such recapture, reallocated among 

3 other qualified entities, to remain available to such entities 

4 for 5 years: Provided further, That $1,864,000 shall be for 

5 a human services case management system for federally de6 clared disasters, to include a comprehensive national case 

7 management contract and Federal costs of administering 

8 the system: Provided further, That up to $2,000,000 shall 

9 be for improving the Public Assistance Reporting Informa10 tion System, including grants to States to support data col11 lection for a study of the system’s effectiveness. 

12 PROMOTING SAFE AND STABLE FAMILIES

13 For carrying out, except as otherwise provided, section 

14 436 of the Social Security Act, $345,000,000 and, for car15 rying out, except as otherwise provided, section 437 of such 

16 Act, $59,765,000. 

17 PAYMENTS FOR FOSTER CARE AND PERMANENCY

18 For carrying out, except as otherwise provided, title 

19 IV–E of the Social Security Act, $5,298,000,000. 

20 For carrying out, except as otherwise provided, title 

21 IV–E of the Social Security Act, for the first quarter of fis22 cal year 2017, $2,300,000,000. 

23 For carrying out, after May 31 of the current fiscal 

24 year, except as otherwise provided, section 474 of title IV– 

25 E of the Social Security Act, for the last 3 months of the 
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1 current fiscal year for unanticipated costs, incurred for the 

2 current fiscal year, such sums as may be necessary. 

3 ADMINISTRATION FOR COMMUNITY LIVING

4 AGING AND DISABILITY SERVICES PROGRAMS

5 (INCLUDING TRANSFER OF FUNDS)

6 For carrying out, to the extent not otherwise provided, 

7 the Older Americans Act of 1965 (‘‘OAA’’), titles III and 

8 XXIX of the PHS Act, sections 1252 and 1253 of the PHS 

9 Act, section 119 of the Medicare Improvements for Patients 

10 and Providers Act of 2008, title XX–B of the Social Secu11 rity Act, the Developmental Disabilities Assistance and Bill 

12 of Rights Act, parts 2 and 5 of subtitle D of title II of the 

13 Help America Vote Act of 2002, the Assistive Technology 

14 Act of 1998, titles II and VII (and section 14 with respect 

15 to such titles) of the Rehabilitation Act of 1973 , and for 

16 Department-wide coordination of policy and program ac17 tivities that assist individuals with disabilities, 

18 $1,912,735,000, together with $52,115,000 to be transferred 

19 from the Federal Hospital Insurance Trust Fund and the 

20 Federal Supplementary Medical Insurance Trust Fund to 

21 carry out section 4360 of the Omnibus Budget Reconcili22 ation Act of 1990: Provided, That amounts appropriated 

23 under this heading may be used for grants to States under 

24 section 361 of the OAA only for disease prevention and 

25 health promotion programs and activities which have been 
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1 demonstrated through rigorous evaluation to be evidence2 based and effective: Provided further, That notwithstanding 

3 any other provision of this Act, funds made available under 

4 this heading to carry out section 311 of the OAA may be 

5 transferred to the Secretary of Agriculture in accordance 

6 with such section: Provided further, That $2,000,000 shall 

7 be for competitive grants to support alternative financing 

8 programs that provide for the purchase of assistive tech9 nology devices, such as a low-interest loan fund; an interest 

10 buy-down program; a revolving loan fund; a loan guar11 antee; or an insurance program: Provided further, That ap12 plicants shall provide an assurance that, and information 

13 describing the manner in which, the alternative financing 

14 program will expand and emphasize consumer choice and 

15 control: Provided further, That State agencies and commu16 nity-based disability organizations that are directed by and 

17 operated for individuals with disabilities shall be eligible 

18 to compete: Provided further, That in addition, the unobli19 gated balance of amounts previously made available for the 

20 Health Resources and Services Administration to carry out 

21 functions under sections 1252 and 1253 of the PHS Act 

22 shall be transferred to this account, except for such sums 

23 as may be necessary to provide for an orderly transition 

24 of such functions to the Administration for Community 

25 Living: Provided further, That none of the funds made 
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1 available under this heading may be used by an eligible 

2 system (as defined in section 102 of the Protection and Ad3 vocacy for Individuals with Mental Illness Act (42 U.S.C. 

4 10802)) to continue to pursue any legal action in a Federal 

5 or State court on behalf of an individual or group of indi6 viduals with a developmental disability (as defined in sec7 tion 102(8)(A) of the Developmental Disabilities and Assist8 ance and Bill of Rights Act of 2000 (20 U.S.C. 

9 15002(8)(A)) that is attributable to a mental impairment 

10 (or a combination of mental and physical impairments), 

11 that has as the requested remedy the closure of State oper12 ated intermediate care facilities for people with intellectual 

13 or developmental disabilities, unless reasonable public no14 tice of the action has been provided to such individuals (or, 

15 in the case of mental incapacitation, the legal guardians 

16 who have been specifically awarded authority by the courts 

17 to make healthcare and residential decisions on behalf of 

18 such individuals) who are affected by such action, within 

19 90 days of instituting such legal action, which informs such 

20 individuals (or such legal guardians) of their legal rights 

21 and how to exercise such rights consistent with current Fed22 eral Rules of Civil Procedure: Provided further, That the 

23 limitations in the immediately preceding proviso shall not 

24 apply in the case of an individual who is neither competent 

25 to consent nor has a legal guardian, nor shall the proviso 
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1 apply in the case of individuals who are a ward of the State 

2 or subject to public guardianship. 

3 OFFICE OF THE SECRETARY

4 GENERAL DEPARTMENTAL MANAGEMENT

5 For necessary expenses, not otherwise provided, for 

6 general departmental management, including hire of six 

7 passenger motor vehicles, and for carrying out titles III, 

8 XVII, XXI, and section 229 of the PHS Act, the United 

9 States-Mexico Border Health Commission Act, and research 

10 studies under section 1110 of the Social Security Act, 

11 $456,009,000, together with $64,828,000 from the amounts 

12 available under section 241 of the PHS Act to carry out 

13 national health or human services research and evaluation 

14 activities: Provided, That of this amount, $53,900,000 shall 

15 be for minority AIDS prevention and treatment activities: 

16 Provided further, That of the funds made available under 

17 this heading, $101,000,000 shall be for making competitive 

18 contracts and grants to public and private entities to fund 

19 medically accurate and age appropriate programs that re20 duce teen pregnancy and for the Federal costs associated 

21 with administering and evaluating such contracts and 

22 grants, of which not more than 10 percent of the available 

23 funds shall be for training and technical assistance, evalua24 tion, outreach, and additional program support activities, 

25 and of the remaining amount 75 percent shall be for repli-
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•HR 2029 EAH 

1 cating programs that have been proven effective through rig2 orous evaluation to reduce teenage pregnancy, behavioral 

3 risk factors underlying teenage pregnancy, or other associ4 ated risk factors, and 25 percent shall be available for re5 search and demonstration grants to develop, replicate, re6 fine, and test additional models and innovative strategies 

7 for preventing teenage pregnancy: Provided further, That 

8 of the amounts provided under this heading from amounts 

9 available under section 241 of the PHS Act, $6,800,000 

10 shall be available to carry out evaluations (including longi11 tudinal evaluations) of teenage pregnancy prevention ap12 proaches: Provided further, That of the funds made avail13 able under this heading, $10,000,000 shall be for making 

14 competitive grants which exclusively implement education 

15 in sexual risk avoidance (defined as voluntarily refraining 

16 from non-marital sexual activity): Provided further, That 

17 funding for such competitive grants for sexual risk avoid18 ance shall use medically accurate information referenced to 

19 peer-reviewed publications by educational, scientific, gov20 ernmental, or health organizations; implement an evidence21 based approach integrating research findings with practical 

22 implementation that aligns with the needs and desired out23 comes for the intended audience; and teach the benefits asso24 ciated with self-regulation, success sequencing for poverty 

25 prevention, healthy relationships, goal setting, and resisting 
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1 sexual coercion, dating violence, and other youth risk behav2 iors such as underage drinking or illicit drug use without 

3 normalizing teen sexual activity: Provided further, That no 

4 more than 10 percent of the funding for such competitive 

5 grants for sexual risk avoidance shall be available for tech6 nical assistance and administrative costs of such programs: 

7 Provided further, That funds provided in this Act for em8 bryo adoption activities may be used to provide to individ9 uals adopting embryos, through grants and other mecha10 nisms, medical and administrative services deemed nec11 essary for such adoptions: Provided further, That such serv12 ices shall be provided consistent with 42 CFR 59.5(a)(4). 

13 OFFICE OF MEDICARE HEARINGS AND APPEALS

14 For expenses necessary for the Office of Medicare Hear15 ings and Appeals, $107,381,000, to be transferred in appro16 priate part from the Federal Hospital Insurance Trust 

17 Fund and the Federal Supplementary Medical Insurance 

18 Trust Fund. 

19 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

20 INFORMATION TECHNOLOGY

21 For expenses necessary for the Office of the National 

22 Coordinator for Health Information Technology, including 

23 grants, contracts, and cooperative agreements for the devel24 opment and advancement of interoperable health informa25 tion technology, $60,367,000. 
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1 OFFICE OF INSPECTOR GENERAL

2 For expenses necessary for the Office of Inspector Gen3 eral, including the hire of passenger motor vehicles for in4 vestigations, in carrying out the provisions of the Inspector 

5 General Act of 1978, $75,000,000: Provided, That of such 

6 amount, necessary sums shall be available for providing 

7 protective services to the Secretary and investigating non8 payment of child support cases for which non-payment is 

9 a Federal offense under 18 U.S.C. 228. 

10 OFFICE FOR CIVIL RIGHTS

11 For expenses necessary for the Office for Civil Rights, 

12 $38,798,000. 

13 RETIREMENT PAY AND MEDICAL BENEFITS FOR

14 COMMISSIONED OFFICERS

15 For retirement pay and medical benefits of Public 

16 Health Service Commissioned Officers as authorized by law, 

17 for payments under the Retired Serviceman’s Family Pro18 tection Plan and Survivor Benefit Plan, and for medical 

19 care of dependents and retired personnel under the Depend20 ents’ Medical Care Act, such amounts as may be required 

21 during the current fiscal year. 

22 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

23 For expenses necessary to support activities related to 

24 countering potential biological, nuclear, radiological, chem25 ical, and cybersecurity threats to civilian populations, and 
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1 for other public health emergencies, $950,958,000, of which 

2 $511,700,000 shall remain available through September 30, 

3 2017, for expenses necessary to support advanced research 

4 and development pursuant to section 319L of the PHS Act 

5 and other administrative expenses of the Biomedical Ad6 vanced Research and Development Authority: Provided, 

7 That funds provided under this heading for the purpose of 

8 acquisition of security countermeasures shall be in addition 

9 to any other funds available for such purpose: Provided fur10 ther, That products purchased with funds provided under 

11 this heading may, at the discretion of the Secretary, be de12 posited in the Strategic National Stockpile pursuant to sec13 tion 319F–2 of the PHS Act: Provided further, That 

14 $5,000,000 of the amounts made available to support emer15 gency operations shall remain available through September 

16 30, 2018. 

17 For expenses necessary for procuring security counter18 measures (as defined in section 319F–2(c)(1)(B) of the PHS 

19 Act), $510,000,000, to remain available until expended. 

20 For an additional amount for expenses necessary to 

21 prepare for or respond to an influenza pandemic, 

22 $72,000,000; of which $40,000,000 shall be available until 

23 expended, for activities including the development and pur24 chase of vaccine, antivirals, necessary medical supplies, 

25 diagnostics, and other surveillance tools: Provided, That 
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•HR 2029 EAH 

1 notwithstanding section 496(b) of the PHS Act, funds may 

2 be used for the construction or renovation of privately 

3 owned facilities for the production of pandemic influenza 

4 vaccines and other biologics, if the Secretary finds such con5 struction or renovation necessary to secure sufficient sup6 plies of such vaccines or biologics. 

7 GENERAL PROVISIONS

8 SEC. 201. Funds appropriated in this title shall be 

9 available for not to exceed $50,000 for official reception and 

10 representation expenses when specifically approved by the 

11 Secretary. 

12 SEC. 202. None of the funds appropriated in this title 

13 shall be used to pay the salary of an individual, through 

14 a grant or other extramural mechanism, at a rate in excess 

15 of Executive Level II. 

16 SEC. 203. None of the funds appropriated in this Act 

17 may be expended pursuant to section 241 of the PHS Act, 

18 except for funds specifically provided for in this Act, or for 

19 other taps and assessments made by any office located in 

20 HHS, prior to the preparation and submission of a report 

21 by the Secretary to the Committees on Appropriations of 

22 the House of Representatives and the Senate detailing the 

23 planned uses of such funds. 

24 SEC. 204. Notwithstanding section 241(a) of the PHS 

25 Act, such portion as the Secretary shall determine, but not 
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1 more than 2.5 percent, of any amounts appropriated for 

2 programs authorized under such Act shall be made available 

3 for the evaluation (directly, or by grants or contracts) and 

4 the implementation and effectiveness of programs funded in 

5 this title. 

6 (TRANSFER OF FUNDS)

7 SEC. 205. Not to exceed 1 percent of any discretionary 

8 funds (pursuant to the Balanced Budget and Emergency 

9 Deficit Control Act of 1985) which are appropriated for the 

10 current fiscal year for HHS in this Act may be transferred 

11 between appropriations, but no such appropriation shall be 

12 increased by more than 3 percent by any such transfer: Pro13 vided, That the transfer authority granted by this section 

14 shall not be used to create any new program or to fund 

15 any project or activity for which no funds are provided in 

16 this Act: Provided further, That the Committees on Appro17 priations of the House of Representatives and the Senate 

18 are notified at least 15 days in advance of any transfer. 

19 SEC. 206. In lieu of the timeframe specified in section 

20 338E(c)(2) of the PHS Act, terminations described in such 

21 section may occur up to 60 days after the execution of a 

22 contract awarded in fiscal year 2016 under section 338B 

23 of such Act. 

24 SEC. 207. None of the funds appropriated in this Act 

25 may be made available to any entity under title X of the 
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1 PHS Act unless the applicant for the award certifies to the 

2 Secretary that it encourages family participation in the de3 cision of minors to seek family planning services and that 

4 it provides counseling to minors on how to resist attempts 

5 to coerce minors into engaging in sexual activities. 

6 SEC. 208. Notwithstanding any other provision of law, 

7 no provider of services under title X of the PHS Act shall 

8 be exempt from any State law requiring notification or the 

9 reporting of child abuse, child molestation, sexual abuse, 

10 rape, or incest. 

11 SEC. 209. None of the funds appropriated by this Act 

12 (including funds appropriated to any trust fund) may be 

13 used to carry out the Medicare Advantage program if the 

14 Secretary denies participation in such program to an other15 wise eligible entity (including a Provider Sponsored Orga16 nization) because the entity informs the Secretary that it 

17 will not provide, pay for, provide coverage of, or provide 

18 referrals for abortions: Provided, That the Secretary shall 

19 make appropriate prospective adjustments to the capitation 

20 payment to such an entity (based on an actuarially sound 

21 estimate of the expected costs of providing the service to such 

22 entity’s enrollees): Provided further, That nothing in this 

23 section shall be construed to change the Medicare program’s 

24 coverage for such services and a Medicare Advantage orga25 nization described in this section shall be responsible for 
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1 informing enrollees where to obtain information about all 

2 Medicare covered services. 

3 SEC. 210. None of the funds made available in this 

4 title may be used, in whole or in part, to advocate or pro5 mote gun control. 

6 SEC. 211. The Secretary shall make available through 

7 assignment not more than 60 employees of the Public 

8 Health Service to assist in child survival activities and to 

9 work in AIDS programs through and with funds provided 

10 by the Agency for International Development, the United 

11 Nations International Children’s Emergency Fund or the 

12 World Health Organization. 

13 SEC. 212. In order for HHS to carry out international 

14 health activities, including HIV/AIDS and other infectious 

15 disease, chronic and environmental disease, and other 

16 health activities abroad during fiscal year 2016: 

17 (1) The Secretary may exercise authority equiva18 lent to that available to the Secretary of State in sec19 tion 2(c) of the State Department Basic Authorities 

20 Act of 1956. The Secretary shall consult with the Sec21 retary of State and relevant Chief of Mission to en22 sure that the authority provided in this section is ex23 ercised in a manner consistent with section 207 of the 

24 Foreign Service Act of 1980 and other applicable stat25 utes administered by the Department of State. 
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1 (2) The Secretary is authorized to provide such 

2 funds by advance or reimbursement to the Secretary 

3 of State as may be necessary to pay the costs of ac4 quisition, lease, alteration, renovation, and manage5 ment of facilities outside of the United States for the 

6 use of HHS. The Department of State shall cooperate 

7 fully with the Secretary to ensure that HHS has se8 cure, safe, functional facilities that comply with ap9 plicable regulation governing location, setback, and 

10 other facilities requirements and serve the purposes 

11 established by this Act. The Secretary is authorized, 

12 in consultation with the Secretary of State, through 

13 grant or cooperative agreement, to make available to 

14 public or nonprofit private institutions or agencies in 

15 participating foreign countries, funds to acquire, 

16 lease, alter, or renovate facilities in those countries as 

17 necessary to conduct programs of assistance for inter18 national health activities, including activities relating 

19 to HIV/AIDS and other infectious diseases, chronic 

20 and environmental diseases, and other health activi21 ties abroad. 

22 (3) The Secretary is authorized to provide to 

23 personnel appointed or assigned by the Secretary to 

24 serve abroad, allowances and benefits similar to those 

25 provided under chapter 9 of title I of the Foreign 
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1 Service Act of 1980, and 22 U.S.C. 4081 through 

2 4086 and subject to such regulations prescribed by the 

3 Secretary. The Secretary is further authorized to pro4 vide locality-based comparability payments (stated as 

5 a percentage) up to the amount of the locality-based 

6 comparability payment (stated as a percentage) that 

7 would be payable to such personnel under section 

8 5304 of title 5, United States Code if such personnel’s 

9 official duty station were in the District of Columbia. 

10 Leaves of absence for personnel under this subsection 

11 shall be on the same basis as that provided under sub12 chapter I of chapter 63 of title 5, United States Code, 

13 or section 903 of the Foreign Service Act of 1980, to 

14 individuals serving in the Foreign Service. 

15 (TRANSFER OF FUNDS)

16 SEC. 213. The Director of the NIH, jointly with the 

17 Director of the Office of AIDS Research, may transfer up 

18 to 3 percent among institutes and centers from the total 

19 amounts identified by these two Directors as funding for 

20 research pertaining to the human immunodeficiency virus: 

21 Provided, That the Committees on Appropriations of the 

22 House of Representatives and the Senate are notified at 

23 least 15 days in advance of any transfer. 
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1 (TRANSFER OF FUNDS)

2 SEC. 214. Of the amounts made available in this Act 

3 for NIH, the amount for research related to the human im4 munodeficiency virus, as jointly determined by the Director 

5 of NIH and the Director of the Office of AIDS Research, 

6 shall be made available to the ‘‘Office of AIDS Research’’ 

7 account. The Director of the Office of AIDS Research shall 

8 transfer from such account amounts necessary to carry out 

9 section 2353(d)(3) of the PHS Act. 

10 SEC. 215. (a) AUTHORITY.—Notwithstanding any 

11 other provision of law, the Director of NIH (‘‘Director’’) 

12 may use funds available under section 402(b)(7) or 

13 402(b)(12) of the PHS Act to enter into transactions (other 

14 than contracts, cooperative agreements, or grants) to carry 

15 out research identified pursuant to such section 402(b)(7) 

16 (pertaining to the Common Fund) or research and activi17 ties described in such section 402(b)(12). 

18 (b) PEER REVIEW.—In entering into transactions 

19 under subsection (a), the Director may utilize such peer re20 view procedures (including consultation with appropriate 

21 scientific experts) as the Director determines to be appro22 priate to obtain assessments of scientific and technical 

23 merit. Such procedures shall apply to such transactions in 

24 lieu of the peer review and advisory council review proce25 dures that would otherwise be required under sections 
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1 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 

2 494 of the PHS Act. 

3 SEC. 216. Not to exceed $45,000,000 of funds appro4 priated by this Act to the institutes and centers of the Na5 tional Institutes of Health may be used for alteration, re6 pair, or improvement of facilities, as necessary for the prop7 er and efficient conduct of the activities authorized herein, 

8 at not to exceed $3,500,000 per project. 

9 (TRANSFER OF FUNDS)

10 SEC. 217. Of the amounts made available for NIH, 1 

11 percent of the amount made available for National Research 

12 Service Awards (‘‘NRSA’’) shall be made available to the 

13 Administrator of the Health Resources and Services Admin14 istration to make NRSA awards for research in primary 

15 medical care to individuals affiliated with entities who have 

16 received grants or contracts under sections 736, 739, or 747 

17 of the PHS Act, and 1 percent of the amount made avail18 able for NRSA shall be made available to the Director of 

19 the Agency for Healthcare Research and Quality to make 

20 NRSA awards for health service research. 

21 SEC. 218. In addition to amounts provided herein, 

22 payments made for research organisms or substances, au23 thorized under section 301(a) of the PHS Act, shall be re24 tained and credited to the appropriations accounts of the 

25 Institutes and Centers of the NIH making the substance or 
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1 organism available under section 301(a). Amounts credited 

2 to the account under this authority shall be available for 

3 obligation through September 30, 2017. 

4 SEC. 219. (a) The Biomedical Advanced Research and 

5 Development Authority (‘‘BARDA’’) may enter into a con6 tract, for more than one but no more than 10 program 

7 years, for purchase of research services or of security coun8 termeasures, as that term is defined in section 319F– 

9 2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), 

10 if— 

11 (1) funds are available and obligated— 

12 (A) for the full period of the contract or for 

13 the first fiscal year in which the contract is in 

14 effect; and 

15 (B) for the estimated costs associated with 

16 a necessary termination of the contract; and 

17 (2) the Secretary determines that a multi-year 

18 contract will serve the best interests of the Federal 

19 Government by encouraging full and open competi20 tion or promoting economy in administration, per21 formance, and operation of BARDA’s programs. 

22 (b) A contract entered into under this section— 

23 (1) shall include a termination clause as de24 scribed by subsection (c) of section 3903 of title 41, 

25 United States Code; and 
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1 (2) shall be subject to the congressional notice re2 quirement stated in subsection (d) of such section. 

3 SEC. 220. (a) The Secretary shall establish a publicly 

4 accessible Web site to provide information regarding the 

5 uses of funds made available under section 4002 of the Pa6 tient Protection and Affordable Care Act of 2010 (‘‘ACA’’). 

7 (b) With respect to funds provided under section 4002 

8 of the ACA, the Secretary shall include on the Web site es9 tablished under subsection (a) at a minimum the following 

10 information: 

11 (1) In the case of each transfer of funds under 

12 section 4002(c), a statement indicating the program 

13 or activity receiving funds, the operating division or 

14 office that will administer the funds, and the planned 

15 uses of the funds, to be posted not later than the day 

16 after the transfer is made. 

17 (2) Identification (along with a link to the full 

18 text) of each funding opportunity announcement, re19 quest for proposals, or other announcement or solici20 tation of proposals for grants, cooperative agreements, 

21 or contracts intended to be awarded using such funds, 

22 to be posted not later than the day after the an23 nouncement or solicitation is issued. 

24 (3) Identification of each grant, cooperative 

25 agreement, or contract with a value of $25,000 or 
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1 more awarded using such funds, including the pur2 pose of the award and the identity of the recipient, 

3 to be posted not later than 5 days after the award is 

4 made. 

5 (4) A report detailing the uses of all funds trans6 ferred under section 4002(c) during the fiscal year, to 

7 be posted not later than 90 days after the end of the 

8 fiscal year. 

9 (c) With respect to awards made in fiscal years 2013 

10 through 2016, the Secretary shall also include on the Web 

11 site established under subsection (a), semi-annual reports 

12 from each entity awarded a grant, cooperative agreement, 

13 or contract from such funds with a value of $25,000 or 

14 more, summarizing the activities undertaken and identi15 fying any sub-grants or sub-contracts awarded (including 

16 the purpose of the award and the identity of the recipient), 

17 to be posted not later than 30 days after the end of each 

18 6-month period. 

19 (d) In carrying out this section, the Secretary shall— 

20 (1) present the information required in sub21 section (b)(1) on a single webpage or on a single 

22 database; 

23 (2) ensure that all information required in this 

24 section is directly accessible from the single webpage 

25 or database; and 
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1 (3) ensure that all information required in this 

2 section is able to be organized by program or State. 

3 (TRANSFER OF FUNDS)

4 SEC. 221. (a) Within 45 days of enactment of this Act, 

5 the Secretary shall transfer funds appropriated under sec6 tion 4002 of the ACA to the accounts specified, in the 

7 amounts specified, and for the activities specified under the 

8 heading ‘‘Prevention and Public Health Fund’’ in the ex9 planatory statement described in section 4 (in the matter 

10 preceding division A of this consolidated Act). 

11 (b) Notwithstanding section 4002(c) of the ACA, the 

12 Secretary may not further transfer these amounts. 

13 (c) Funds transferred for activities authorized under 

14 section 2821 of the PHS Act shall be made available with15 out reference to section 2821(b) of such Act. 

16 SEC. 222. (a) The Secretary shall publish in the fiscal 

17 year 2017 budget justification and on Departmental Web 

18 sites information concerning the employment of full-time 

19 equivalent Federal employees or contractors for the purposes 

20 of implementing, administering, enforcing, or otherwise 

21 carrying out the provisions of the ACA, and the amend22 ments made by that Act, in the proposed fiscal year and 

23 each fiscal year since the enactment of the ACA. 

24 (b) With respect to employees or contractors supported 

25 by all funds appropriated for purposes of carrying out the 
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1 ACA (and the amendments made by that Act), the Secretary 

2 shall include, at a minimum, the following information: 

3 (1) For each such fiscal year, the section of such 

4 Act under which such funds were appropriated, a 

5 statement indicating the program, project, or activity 

6 receiving such funds, the Federal operating division 

7 or office that administers such program, and the 

8 amount of funding received in discretionary or man9 datory appropriations. 

10 (2) For each such fiscal year, the number of full11 time equivalent employees or contracted employees as12 signed to each authorized and funded provision de13 tailed in accordance with paragraph (1). 

14 (c) In carrying out this section, the Secretary may ex15 clude from the report employees or contractors who— 

16 (1) are supported through appropriations en17 acted in laws other than the ACA and work on pro18 grams that existed prior to the passage of the ACA; 

19 (2) spend less than 50 percent of their time on 

20 activities funded by or newly authorized in the ACA; 

21 or 

22 (3) work on contracts for which FTE reporting 

23 is not a requirement of their contract, such as fixed24 price contracts. 
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1 SEC. 223. The Secretary shall publish, as part of the 

2 fiscal year 2017 budget of the President submitted under 

3 section 1105(a) of title 31, United States Code, information 

4 that details the uses of all funds used by the Centers for 

5 Medicare and Medicaid Services specifically for Health In6 surance Exchanges for each fiscal year since the enactment 

7 of the ACA and the proposed uses for such funds for fiscal 

8 year 2017. Such information shall include, for each such 

9 fiscal year, the amount of funds used for each activity speci10 fied under the heading ‘‘Health Insurance Exchange Trans11 parency’’ in the explanatory statement described in section 

12 4 (in the matter preceding division A of this consolidated 

13 Act). 

14 SEC. 224. (a) The Secretary shall provide to the Com15 mittees on Appropriations of the House of Representatives 

16 and the Senate: 

17 (1) Detailed monthly enrollment figures from the 

18 Exchanges established under the Patient Protection 

19 and Affordable Care Act of 2010 pertaining to enroll20 ments during the open enrollment period; and 

21 (2) Notification of any new or competitive grant 

22 awards, including supplements, authorized under sec23 tion 330 of the Public Health Service Act. 

24 (b) The Committees on Appropriations of the House 

25 and Senate must be notified at least 2 business days in 
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1 advance of any public release of enrollment information or 

2 the award of such grants. 

3 SEC. 225. None of the funds made available by this 

4 Act from the Federal Hospital Insurance Trust Fund or 

5 the Federal Supplemental Medical Insurance Trust Fund, 

6 or transferred from other accounts funded by this Act to 

7 the ‘‘Centers for Medicare and Medicaid Services—Program 

8 Management’’ account, may be used for payments under 

9 section 1342(b)(1) of Public Law 111–148 (relating to risk 

10 corridors). 

11 SEC. 226. In addition to the amounts otherwise avail12 able for ‘‘Centers for Medicare and Medicaid Services, Pro13 gram Management’’, the Secretary of Health and Human 

14 Services may transfer up to $305,000,000 to such account 

15 from the Federal Hospital Insurance Trust Fund and the 

16 Federal Supplementary Medical Insurance Trust Fund to 

17 support program management activity related to the Medi18 care Program: Provided, That except for the foregoing pur19 pose, such funds may not be used to support any provision 

20 of Public Law 111–148 or Public Law 111–152 (or any 

21 amendment made by either such Public Law) or to supplant 

22 any other amounts within such account. 

23 (RESCISSION)

24 SEC. 227. The following unobligated balances of 

25 amounts appropriated prior to fiscal year 2007 for ‘‘De-
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1 partment of Health and Human Services, Health Resources 

2 and Services Administration’’ are hereby permanently re3 scinded: 

4 (1) $281,003 appropriated to carry out section 

5 1610(b) of the PHS Act; 

6 (2) $3,611 appropriated to carry out section 

7 1602(c) of the PHS Act; 

8 (3) $105,576 appropriated in section 167 of divi9 sion H of Public Law 108–199; and 

10 (4) $55,793 appropriated to carry out the Na11 tional Cord Blood Stem Cell Bank Program. 

12 SEC. 228. The Secretary shall include in the fiscal year 

13 2017 budget justification an analysis of how section 2713 

14 of the PHS Act will impact eligibility for discretionary 

15 HHS programs. 

16 SEC. 229. Effective during the period beginning on No17 vember 1, 2015 and ending January 1, 2018, any provision 

18 of law that refers (including through cross-reference to an19 other provision of law) to the current recommendations of 

20 the United States Preventive Services Task Force with re21 spect to breast cancer screening, mammography, and pre22 vention shall be administered by the Secretary involved as 

23 if— 

24 (1) such reference to such current recommenda25 tions were a reference to the recommendations of such 
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1 Task Force with respect to breast cancer screening, 

2 mammography, and prevention last issued before 

3 2009; and 

4 (2) such recommendations last issued before 2009 

5 applied to any screening mammography modality 

6 under section 1861(jj) of the Social Security Act (42 

7 U.S.C. 1395x(jj)). 

8 (TRANSFER OF FUNDS)

9 SEC. 230. (a) IN GENERAL.—Subject to the succeeding 

10 provisions of this section, activities authorized under part 

11 A of title IV and section 1108(b) of the Social Security Act 

12 shall continue through September 30, 2016, in the manner 

13 authorized for fiscal year 2015, and out of any money in 

14 the Treasury of the United States not otherwise appro15 priated, there are hereby appropriated such sums as may 

16 be necessary for such purpose. Grants and payments may 

17 be made pursuant to this authority through September 30, 

18 2016 at the level provided for such activities for fiscal year 

19 2015, except as provided in subsection (b). 

20 (b) CONTINGENCY FUND.—In the case of the Contin21 gency Fund for State Welfare Programs established under 

22 section 403(b) of the Social Security Act— 

23 (1) the amount appropriated for such section 

24 403(b) shall be $608,000,000 for each of fiscal years 

25 2016 and 2017, notwithstanding section 228(b)(1) of 
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1 the Department of Health and Human Services Ap2 propriations Act, 2015; 

3 (2) the requirement to reserve funds provided for 

4 in section 403(b)(2) of the Social Security Act shall 

5 not apply during fiscal years 2016 and 2017; and 

6 (3) grants and payments may only be made 

7 from such Fund for fiscal year 2016 after the applica8 tion of subsection (c). 

9 (c) CENSUS RESEARCH AND WELFARE RESEARCH.— 

10 Of the amount made available under subsection (b)(1) for 

11 section 403(b) of the Social Security Act for fiscal year 

12 2016— 

13 (1) $15,000,000 is hereby transferred to the Chil14 dren’s Research and Technical Assistance account in 

15 the Administration for Children and Families at the 

16 Department of Health and Human Services and 

17 made available to carry out section 413(h) of the So18 cial Security Act; and 

19 (2) $10,000,000 is hereby transferred and made 

20 available to the Bureau of the Census to conduct ac21 tivities using the Survey of Income and Program 

22 Participation to obtain information to enable inter23 ested parties to evaluate the impact of the amend24 ments made by title I of the Personal Responsibility 

25 and Work Opportunity Reconciliation Act of 1996. 
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1 SEC. 231. Section 1886(m)(6) of the Social Security 

2 Act (42 U.S.C. 1395ww(m)(6)) is amended— 

3 (1) in subparagraph (A)(i) by striking ‘‘sub4 paragraph (C)’’ and inserting ‘‘subparagraphs (C) 

5 and (E)’’; and 

6 (2) by adding at the end the following new sub7 paragraph: 

8 ‘‘(E) TEMPORARY EXCEPTION FOR CERTAIN

9 SEVERE WOUND DISCHARGES FROM CERTAIN

10 LONG-TERM CARE HOSPITALS.— 

11 ‘‘(i) IN GENERAL.—In the case of a 

12 discharge occurring prior to January 1, 

13 2017, subparagraph (A)(i) shall not apply 

14 (and payment shall be made to a long-term 

15 care hospital without regard to this para16 graph) if such discharge— 

17 ‘‘(I) is from a long-term care hos18 pital that is— 

19 ‘‘(aa) identified by the 

20 amendment made by section 

21 4417(a) of the Balanced Budget 

22 Act of 1997 (42 U.S.C. 1395ww 

23 note, Public Law 105–33); and 

24 ‘‘(bb) located in a rural area 

25 (as defined in subsection 
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1 (d)(2)(D)) or treated as being so 

2 located pursuant to subsection 

3 (d)(8)(E); and 

4 ‘‘(II) the individual discharged 

5 has a severe wound. 

6 ‘‘(ii) SEVERE WOUND DEFINED.—In 

7 this subparagraph, the term ‘severe wound’ 

8 means a stage 3 wound, stage 4 wound, 

9 unstageable wound, non-healing surgical 

10 wound, infected wound, fistula, osteomy11 elitis, or wound with morbid obesity, as 

12 identified in the claim from the long-term 

13 care hospital.’’. 

14 This title may be cited as the ‘‘Department of Health 

15 and Human Services Appropriations Act, 2016’’. 

16 TITLE III 

17 DEPARTMENT OF EDUCATION 

18 EDUCATION FOR THE DISADVANTAGED

19 For carrying out title I of the Elementary and Sec20 ondary Education Act of 1965 (referred to in this Act as 

21 ‘‘ESEA’’) and section 418A of the Higher Education Act 

22 of 1965 (referred to in this Act as ‘‘HEA’’), 

23 $16,016,790,000, of which $5,127,006,000 shall become 

24 available on July 1, 2016, and shall remain available 

25 through September 30, 2017, and of which $10,841,177,000 
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•HR 2029 EAH 

1 shall become available on October 1, 2016, and shall remain 

2 available through September 30, 2017, for academic year 

3 2016–2017: Provided, That $6,459,401,000 shall be for 

4 basic grants under section 1124 of the ESEA: Provided fur5 ther, That up to $3,984,000 of these funds shall be available 

6 to the Secretary of Education (referred to in this title as 

7 ‘‘Secretary’’) on October 1, 2015, to obtain annually up8 dated local educational agency-level census poverty data 

9 from the Bureau of the Census: Provided further, That 

10 $1,362,301,000 shall be for concentration grants under sec11 tion 1124A of the ESEA: Provided further, That 

12 $3,544,050,000 shall be for targeted grants under section 

13 1125 of the ESEA: Provided further, That $3,544,050,000 

14 shall be for education finance incentive grants under section 

15 1125A of the ESEA: Provided further, That funds available 

16 under sections 1124, 1124A, 1125 and 1125A of the ESEA 

17 may be used to provide homeless children and youths with 

18 services not ordinarily provided to other students under 

19 those sections, including supporting the liaison designated 

20 pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento 

21 Homeless Assistance Act, and providing transportation 

22 pursuant to section 722(g)(1)(J)(iii) of such Act: Provided 

23 further, That $450,000,000 shall be available for school im24 provement grants under section 1003(g) of the ESEA, which 

25 shall be allocated by the Secretary through the formula de-
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1 scribed in section 1003(g)(2) and shall be used consistent 

2 with the requirements of section 1003(g), except that State 

3 and local educational agencies may use such funds to serve 

4 any school eligible to receive assistance under part A of title 

5 I that has not made adequate yearly progress for at least 

6 2 years or is in the State’s lowest quintile of performance 

7 based on proficiency rates and, in the case of secondary 

8 schools, priority shall be given to those schools with gradua9 tion rates below 60 percent: Provided further, That notwith10 standing section 1003(g)(5)(C) of the ESEA, the Secretary 

11 may permit a State educational agency to establish an 

12 award period of up to 5 years for each participating local 

13 educational agency: Provided further, That funds available 

14 for school improvement grants for fiscal year 2014 and 

15 thereafter may be used by a local educational agency to im16 plement a whole-school reform strategy for a school using 

17 an evidence-based strategy that ensures whole-school reform 

18 is undertaken in partnership with a strategy developer of19 fering a whole-school reform program that is based on at 

20 least a moderate level of evidence that the program will have 

21 a statistically significant effect on student outcomes, includ22 ing at least one well-designed and well-implemented experi23 mental or quasi-experimental study: Provided further, That 

24 funds available for school improvement grants may be used 

25 by a local educational agency to implement an alternative 
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•HR 2029 EAH 

1 State-determined school improvement strategy that has been 

2 established by a State educational agency with the approval 

3 of the Secretary: Provided further, That a local educational 

4 agency that is determined to be eligible for services under 

5 subpart 1 or 2 of part B of title VI of the ESEA may mod6 ify not more than one element of a school improvement 

7 grant model: Provided further, That notwithstanding sec8 tion 1003(g)(5)(A), each State educational agency may es9 tablish a maximum subgrant size of not more than 

10 $2,000,000 for each participating school applicable to such 

11 funds: Provided further, That the Secretary may reserve up 

12 to 5 percent of the funds available for section 1003(g) of 

13 the ESEA to carry out activities to build State and local 

14 educational agency capacity to implement effectively the 

15 school improvement grants program: Provided further, That 

16 $190,000,000 shall be available under section 1502 of the 

17 ESEA for a comprehensive literacy development and edu18 cation program to advance literacy skills, including pre19 literacy skills, reading, and writing, for students from birth 

20 through grade 12, including limited-English-proficient stu21 dents and students with disabilities, of which one-half of 

22 1 percent shall be reserved for the Secretary of the Interior 

23 for such a program at schools funded by the Bureau of In24 dian Education, one-half of 1 percent shall be reserved for 

25 grants to the outlying areas for such a program, up to 5 
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•HR 2029 EAH 

1 percent may be reserved for national activities, and the re2 mainder shall be used to award competitive grants to State 

3 educational agencies for such a program, of which a State 

4 educational agency may reserve up to 5 percent for State 

5 leadership activities, including technical assistance and 

6 training, data collection, reporting, and administration, 

7 and shall subgrant not less than 95 percent to local edu8 cational agencies or, in the case of early literacy, to local 

9 educational agencies or other nonprofit providers of early 

10 childhood education that partner with a public or private 

11 nonprofit organization or agency with a demonstrated 

12 record of effectiveness in improving the early literacy devel13 opment of children from birth through kindergarten entry 

14 and in providing professional development in early lit15 eracy, giving priority to such agencies or other entities serv16 ing greater numbers or percentages of disadvantaged chil17 dren: Provided further, That the State educational agency 

18 shall ensure that at least 15 percent of the subgranted funds 

19 are used to serve children from birth through age 5, 40 per20 cent are used to serve students in kindergarten through 

21 grade 5, and 40 percent are used to serve students in middle 

22 and high school including an equitable distribution of funds 

23 between middle and high schools: Provided further, That eli24 gible entities receiving subgrants from State educational 

25 agencies shall use such funds for services and activities that 
917 

•HR 2029 EAH 

1 have the characteristics of effective literacy instruction 

2 through professional development, screening and assess3 ment, targeted interventions for students reading below 

4 grade level and other research-based methods of improving 

5 classroom instruction and practice: Provided further, That 

6 $44,623,000 shall be for carrying out section 418A of the 

7 HEA. 

8 IMPACT AID

9 For carrying out programs of financial assistance to 

10 federally affected schools authorized by title VIII of the 

11 ESEA, $1,305,603,000, of which $1,168,233,000 shall be for 

12 basic support payments under section 8003(b), $48,316,000 

13 shall be for payments for children with disabilities under 

14 section 8003(d), $17,406,000 shall be for construction under 

15 section 8007(a), $66,813,000 shall be for Federal property 

16 payments under section 8002, and $4,835,000, to remain 

17 available until expended, shall be for facilities maintenance 

18 under section 8008: Provided, That for purposes of com19 puting the amount of a payment for an eligible local edu20 cational agency under section 8003(a) for school year 2015– 

21 2016, children enrolled in a school of such agency that 

22 would otherwise be eligible for payment under section 

23 8003(a)(1)(B) of such Act, but due to the deployment of both 

24 parents or legal guardians, or a parent or legal guardian 

25 having sole custody of such children, or due to the death 
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•HR 2029 EAH 

1 of a military parent or legal guardian while on active duty 

2 (so long as such children reside on Federal property as de3 scribed in section 8003(a)(1)(B)), are no longer eligible 

4 under such section, shall be considered as eligible students 

5 under such section, provided such students remain in aver6 age daily attendance at a school in the same local edu7 cational agency they attended prior to their change in eligi8 bility status. 

9 SCHOOL IMPROVEMENT PROGRAMS

10 For carrying out school improvement activities author11 ized by parts A and B of title II, part B of title IV, parts 

12 A and B of title VI, and parts B and C of title VII of 

13 the ESEA; the McKinney-Vento Homeless Assistance Act; 

14 section 203 of the Educational Technical Assistance Act of 

15 2002; the Compact of Free Association Amendments Act of 

16 2003; and the Civil Rights Act of 1964, $4,433,629,000, of 

17 which $2,611,619,000 shall become available on July 1, 

18 2016, and remain available through September 30, 2017, 

19 and of which $1,681,441,000 shall become available on Oc20 tober 1, 2016, and shall remain available through Sep21 tember 30, 2017, for academic year 2016–2017: Provided, 

22 That funds made available to carry out part B of title VII 

23 of the ESEA may be used for construction, renovation, and 

24 modernization of any elementary school, secondary school, 

25 or structure related to an elementary school or secondary 
919 

•HR 2029 EAH 

1 school, run by the Department of Education of the State 

2 of Hawaii, that serves a predominantly Native Hawaiian 

3 student body: Provided further, That funds made available 

4 to carry out part C of title VII of the ESEA shall be award5 ed on a competitive basis, and also may be used for con6 struction: Provided further, That $51,445,000 shall be 

7 available to carry out section 203 of the Educational Tech8 nical Assistance Act of 2002 and the Secretary shall make 

9 such arrangements as determined to be necessary to ensure 

10 that the Bureau of Indian Education has access to services 

11 provided under this section: Provided further, That 

12 $16,699,000 shall be available to carry out the Supple13 mental Education Grants program for the Federated States 

14 of Micronesia and the Republic of the Marshall Islands: 

15 Provided further, That the Secretary may reserve up to 5 

16 percent of the amount referred to in the previous proviso 

17 to provide technical assistance in the implementation of 

18 these grants: Provided further, That up to 4.0 percent of 

19 the funds for subpart 1 of part A of title II of the ESEA 

20 shall be reserved by the Secretary for competitive awards 

21 for teacher or principal recruitment and training or profes22 sional enhancement activities, including for civic education 

23 instruction, to national not-for-profit organizations, of 

24 which up to 8 percent may only be used for research, dis25 semination, evaluation, and technical assistance for com-
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•HR 2029 EAH 

1 petitive awards carried out under this proviso: Provided 

2 further, That $152,717,000 shall be to carry out part B of 

3 title II of the ESEA: Provided further, That none of the 

4 funds made available by this Act shall be used to allow 21st 

5 Century Community Learning Centers initiative funding 

6 for expanded learning time unless these activities provide 

7 enrichment and engaging academic activities for students 

8 at least 300 additional program hours before, during, or 

9 after the traditional school day and supplements but does 

10 not supplant school day requirements. 

11 INDIAN EDUCATION

12 For expenses necessary to carry out, to the extent not 

13 otherwise provided, title VII, part A of the ESEA, 

14 $143,939,000. 

15 INNOVATION AND IMPROVEMENT

16 For carrying out activities authorized by part G of 

17 title I, subpart 5 of part A and parts C and D of title 

18 II, parts B, C, and D of title V of the ESEA, and section 

19 14007 of division A of the American Recovery and Reinvest20 ment Act of 2009, as amended, $1,181,226,000: Provided, 

21 That up to $120,000,000 shall be available through Decem22 ber 31, 2016 for section 14007 of division A of Public Law 

23 111–5, and up to 5 percent of such funds may be used for 

24 technical assistance and the evaluation of activities carried 

25 out under such section: Provided further, That the education 
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•HR 2029 EAH 

1 facilities clearinghouse established through a competitive 

2 process in fiscal year 2013 may collect and disseminate in3 formation on effective educational practices and the latest 

4 research on the planning, design, financing, construction, 

5 improvement, operation, and maintenance of safe, healthy, 

6 high-performance public facilities for early learning pro7 grams, kindergarten through grade 12, and higher edu8 cation: Provided further, That $230,000,000 of the funds 

9 for subpart 1 of part D of title V of the ESEA shall be 

10 for competitive grants to local educational agencies, includ11 ing charter schools that are local educational agencies, or 

12 States, or partnerships of: (1) a local educational agency, 

13 a State, or both; and (2) at least one nonprofit organization 

14 to develop and implement performance-based compensation 

15 systems for teachers, principals, and other personnel in 

16 high-need schools: Provided further, That such performance17 based compensation systems must consider gains in student 

18 academic achievement as well as classroom evaluations con19 ducted multiple times during each school year among other 

20 factors and provide educators with incentives to take on ad21 ditional responsibilities and leadership roles: Provided fur22 ther, That recipients of such grants shall demonstrate that 

23 such performance-based compensation systems are developed 

24 with the input of teachers and school leaders in the schools 

25 and local educational agencies to be served by the grant: 
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•HR 2029 EAH 

1 Provided further, That recipients of such grants may use 

2 such funds to develop or improve systems and tools (which 

3 may be developed and used for the entire local educational 

4 agency or only for schools served under the grant) that 

5 would enhance the quality and success of the compensation 

6 system, such as high-quality teacher evaluations and tools 

7 to measure growth in student achievement: Provided fur8 ther, That applications for such grants shall include a plan 

9 to sustain financially the activities conducted and systems 

10 developed under the grant once the grant period has expired: 

11 Provided further, That up to 5 percent of such funds for 

12 competitive grants shall be available for technical assist13 ance, training, peer review of applications, program out14 reach, and evaluation activities: Provided further, That 

15 $250,000,000 of the funds for part D of title V of the ESEA 

16 shall be available through December 31, 2016 for carrying 

17 out, in accordance with the applicable requirements of part 

18 D of title V of the ESEA, a preschool development grants 

19 program: Provided further, That the Secretary, jointly with 

20 the Secretary of HHS, shall make competitive awards to 

21 States for activities that build the capacity within the State 

22 to develop, enhance, or expand high-quality preschool pro23 grams, including comprehensive services and family en24 gagement, for preschool-aged children from families at or 

25 below 200 percent of the Federal poverty line: Provided fur-
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•HR 2029 EAH 

1 ther, That each State may subgrant a portion of such grant 

2 funds to local educational agencies and other early learning 

3 providers (including, but not limited to, Head Start pro4 grams and licensed child care providers), or consortia there5 of, for the implementation of high-quality preschool pro6 grams for children from families at or below 200 percent 

7 of the Federal poverty line: Provided further, That sub8 grantees that are local educational agencies shall form 

9 strong partnerships with early learning providers and that 

10 subgrantees that are early learning providers shall form 

11 strong partnerships with local educational agencies, in 

12 order to carry out the requirements of the subgrant: Pro13 vided further, That up to 3 percent of such funds for pre14 school development grants shall be available for technical 

15 assistance, evaluation, and other national activities related 

16 to such grants: Provided further, That $10,000,000 of funds 

17 available under part D of title V of the ESEA shall be for 

18 the Full-Service Community Schools program: Provided 

19 further, That of the funds available for part B of title V 

20 of the ESEA, the Secretary shall use up to $10,000,000 to 

21 carry out activities under section 5205(b) and shall use not 

22 less than $16,000,000 for subpart 2: Provided further, That 

23 of the funds available for subpart 1 of part B of title V 

24 of the ESEA, and notwithstanding section 5205(a), the Sec25 retary shall reserve up to $100,000,000 to make multiple 
924 

•HR 2029 EAH 

1 awards to non-profit charter management organizations 

2 and other entities that are not for-profit entities for the rep3 lication and expansion of successful charter school models 

4 and shall reserve not less than $11,000,000 to carry out the 

5 activities described in section 5205(a), including improving 

6 quality and oversight of charter schools and providing tech7 nical assistance and grants to authorized public chartering 

8 agencies in order to increase the number of high-performing 

9 charter schools: Provided further, That funds available for 

10 part B of title V of the ESEA may be used for grants that 

11 support preschool education in charter schools: Provided 

12 further, That each application submitted pursuant to sec13 tion 5203(a) shall describe a plan to monitor and hold ac14 countable authorized public chartering agencies through 

15 such activities as providing technical assistance or estab16 lishing a professional development program, which may in17 clude evaluation, planning, training, and systems develop18 ment for staff of authorized public chartering agencies to 

19 improve the capacity of such agencies in the State to au20 thorize, monitor, and hold accountable charter schools: Pro21 vided further, That each application submitted pursuant to 

22 section 5203(a) shall contain assurances that State law, 

23 regulations, or other policies require that: (1) each author24 ized charter school in the State operate under a legally 

25 binding charter or performance contract between itself and 
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•HR 2029 EAH 

1 the school’s authorized public chartering agency that de2 scribes the rights and responsibilities of the school and the 

3 public chartering agency; conduct annual, timely, and 

4 independent audits of the school’s financial statements that 

5 are filed with the school’s authorized public chartering 

6 agency; and demonstrate improved student academic 

7 achievement; and (2) authorized public chartering agencies 

8 use increases in student academic achievement for all 

9 groups of students described in section 1111(b)(2)(C)(v) of 

10 the ESEA as one of the most important factors when deter11 mining to renew or revoke a school’s charter. 

12 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

13 For carrying out activities authorized by part A of 

14 title IV and subparts 1, 2, and 10 of part D of title V of 

15 the ESEA, $244,815,000: Provided, That $75,000,000 shall 

16 be available for subpart 2 of part A of title IV, of which 

17 up to $5,000,000, to remain available until expended, shall 

18 be for the Project School Emergency Response to Violence 

19 (‘‘Project SERV’’) program to provide education-related 

20 services to local educational agencies and institutions of 

21 higher education in which the learning environment has 

22 been disrupted due to a violent or traumatic crisis: Pro23 vided further, That $73,254,000 shall be available through 

24 December 31, 2016 for Promise Neighborhoods. 
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•HR 2029 EAH 

1 ENGLISH LANGUAGE ACQUISITION

2 For carrying out part A of title III of the ESEA, 

3 $737,400,000, which shall become available on July 1, 2016, 

4 and shall remain available through September 30, 2017, ex5 cept that 6.5 percent of such amount shall be available on 

6 October 1, 2015, and shall remain available through Sep7 tember 30, 2017, to carry out activities under section 

8 3111(c)(1)(C): Provided, That the Secretary shall use esti9 mates of the American Community Survey child counts for 

10 the most recent 3-year period available to calculate alloca11 tions under such part. 

12 SPECIAL EDUCATION

13 For carrying out the Individuals with Disabilities 

14 Education Act (IDEA) and the Special Olympics Sport 

15 and Empowerment Act of 2004, $12,976,858,000, of which 

16 $3,456,259,000 shall become available on July 1, 2016, and 

17 shall remain available through September 30, 2017, and of 

18 which $9,283,383,000 shall become available on October 1, 

19 2016, and shall remain available through September 30, 

20 2017, for academic year 2016–2017: Provided, That the 

21 amount for section 611(b)(2) of the IDEA shall be equal 

22 to the lesser of the amount available for that activity during 

23 fiscal year 2015, increased by the amount of inflation as 

24 specified in section 619(d)(2)(B) of the IDEA, or the per25 cent change in the funds appropriated under section 611(i) 
927 

•HR 2029 EAH 

1 of the IDEA, but not less than the amount for that activity 

2 during fiscal year 2015: Provided further, That the Sec3 retary shall, without regard to section 611(d) of the IDEA, 

4 distribute to all other States (as that term is defined in 

5 section 611(g)(2)), subject to the third proviso, any amount 

6 by which a State’s allocation under section 611(d), from 

7 funds appropriated under this heading, is reduced under 

8 section 612(a)(18)(B), according to the following: 85 per9 cent on the basis of the States’ relative populations of chil10 dren aged 3 through 21 who are of the same age as children 

11 with disabilities for whom the State ensures the availability 

12 of a free appropriate public education under this part, and 

13 15 percent to States on the basis of the States’ relative popu14 lations of those children who are living in poverty: Provided 

15 further, That the Secretary may not distribute any funds 

16 under the previous proviso to any State whose reduction 

17 in allocation from funds appropriated under this heading 

18 made funds available for such a distribution: Provided fur19 ther, That the States shall allocate such funds distributed 

20 under the second proviso to local educational agencies in 

21 accordance with section 611(f): Provided further, That the 

22 amount by which a State’s allocation under section 611(d) 

23 of the IDEA is reduced under section 612(a)(18)(B) and 

24 the amounts distributed to States under the previous pro25 visos in fiscal year 2012 or any subsequent year shall not 
928 

•HR 2029 EAH 

1 be considered in calculating the awards under section 

2 611(d) for fiscal year 2013 or for any subsequent fiscal 

3 years: Provided further, That, notwithstanding the provi4 sion in section 612(a)(18)(B) regarding the fiscal year in 

5 which a State’s allocation under section 611(d) is reduced 

6 for failure to comply with the requirement of section 

7 612(a)(18)(A), the Secretary may apply the reduction spec8 ified in section 612(a)(18)(B) over a period of consecutive 

9 fiscal years, not to exceed five, until the entire reduction 

10 is applied: Provided further, That the Secretary may, in 

11 any fiscal year in which a State’s allocation under section 

12 611 is reduced in accordance with section 612(a)(18)(B), 

13 reduce the amount a State may reserve under section 

14 611(e)(1) by an amount that bears the same relation to the 

15 maximum amount described in that paragraph as the re16 duction under section 612(a)(18)(B) bears to the total allo17 cation the State would have received in that fiscal year 

18 under section 611(d) in the absence of the reduction: Pro19 vided further, That the Secretary shall either reduce the al20 location of funds under section 611 for any fiscal year fol21 lowing the fiscal year for which the State fails to comply 

22 with the requirement of section 612(a)(18)(A) as authorized 

23 by section 612(a)(18)(B), or seek to recover funds under sec24 tion 452 of the General Education Provisions Act (20 

25 U.S.C. 1234a): Provided further, That the funds reserved 
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•HR 2029 EAH 

1 under 611(c) of the IDEA may be used to provide technical 

2 assistance to States to improve the capacity of the States 

3 to meet the data collection requirements of sections 616 and 

4 618 and to administer and carry out other services and ac5 tivities to improve data collection, coordination, quality, 

6 and use under parts B and C of the IDEA: Provided fur7 ther, That the level of effort a local educational agency must 

8 meet under section 613(a)(2)(A)(iii) of the IDEA, in the 

9 year after it fails to maintain effort is the level of effort 

10 that would have been required in the absence of that failure 

11 and not the LEA’s reduced level of expenditures: Provided 

12 further, That the Secretary may use funds made available 

13 for the State Personnel Development Grants program under 

14 part D, subpart 1 of IDEA to evaluate program perform15 ance under such subpart. 

16 REHABILITATION SERVICES AND DISABILITY RESEARCH

17 For carrying out, to the extent not otherwise provided, 

18 the Rehabilitation Act of 1973 and the Helen Keller Na19 tional Center Act, $3,529,605,000, of which $3,391,770,000 

20 shall be for grants for vocational rehabilitation services 

21 under title I of the Rehabilitation Act: Provided, That the 

22 Secretary may use amounts provided in this Act that re23 main available subsequent to the reallotment of funds to 

24 States pursuant to section 110(b) of the Rehabilitation Act 

25 for innovative activities aimed at improving the outcomes 
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•HR 2029 EAH 

1 of individuals with disabilities as defined in section 

2 7(20)(B) of the Rehabilitation Act, including activities 

3 aimed at improving the education and post-school outcomes 

4 of children receiving Supplemental Security Income 

5 (‘‘SSI’’) and their families that may result in long-term 

6 improvement in the SSI child recipient’s economic status 

7 and self-sufficiency: Provided further, That States may 

8 award subgrants for a portion of the funds to other public 

9 and private, nonprofit entities: Provided further, That any 

10 funds made available subsequent to reallotment for innova11 tive activities aimed at improving the outcomes of individ12 uals with disabilities shall remain available until Sep13 tember 30, 2017. 

14 SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

15 AMERICAN PRINTING HOUSE FOR THE BLIND

16 For carrying out the Act of March 3, 1879, 

17 $25,431,000. 

18 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

19 For the National Technical Institute for the Deaf 

20 under titles I and II of the Education of the Deaf Act of 

21 1986, $70,016,000: Provided, That from the total amount 

22 available, the Institute may at its discretion use funds for 

23 the endowment program as authorized under section 207 

24 of such Act. 
931 

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1 GALLAUDET UNIVERSITY

2 For the Kendall Demonstration Elementary School, 

3 the Model Secondary School for the Deaf, and the partial 

4 support of Gallaudet University under titles I and II of 

5 the Education of the Deaf Act of 1986, $121,275,000: Pro6 vided, That from the total amount available, the University 

7 may at its discretion use funds for the endowment program 

8 as authorized under section 207 of such Act. 

9 CAREER, TECHNICAL, AND ADULT EDUCATION

10 For carrying out, to the extent not otherwise provided, 

11 the Carl D. Perkins Career and Technical Education Act 

12 of 2006 and the Adult Education and Family Literacy Act 

13 (‘‘AEFLA’’), $1,720,686,000, of which $929,686,000 shall 

14 become available on July 1, 2016, and shall remain avail15 able through September 30, 2017, and of which 

16 $791,000,000 shall become available on October 1, 2016, 

17 and shall remain available through September 30, 2017: 

18 Provided, That of the amounts made available for AEFLA, 

19 $13,712,000 shall be for national leadership activities under 

20 section 242. 

21 STUDENT FINANCIAL ASSISTANCE

22 For carrying out subparts 1, 3, and 10 of part A, and 

23 part C of title IV of the HEA, $24,198,210,000, which shall 

24 remain available through September 30, 2017. 
932 

•HR 2029 EAH 

1 The maximum Pell Grant for which a student shall 

2 be eligible during award year 2016–2017 shall be $4,860. 

3 STUDENT AID ADMINISTRATION

4 For Federal administrative expenses to carry out part 

5 D of title I, and subparts 1, 3, 9, and 10 of part A, and 

6 parts B, C, D, and E of title IV of the HEA, and subpart 

7 1 of part A of title VII of the Public Health Service Act, 

8 $1,551,854,000, to remain available through September 30, 

9 2017: Provided, That the Secretary shall, no later than 

10 March 1, 2016, allocate new student loan borrower accounts 

11 to eligible student loan servicers on the basis of their per12 formance compared to all loan servicers utilizing estab13 lished common metrics, and on the basis of the capacity 

14 of each servicer to process new and existing accounts. 

15 HIGHER EDUCATION

16 For carrying out, to the extent not otherwise provided, 

17 titles II, III, IV, V, VI, and VII of the HEA, the Mutual 

18 Educational and Cultural Exchange Act of 1961, and sec19 tion 117 of the Carl D. Perkins Career and Technical Edu20 cation Act of 2006, $1,982,185,000: Provided, That notwith21 standing any other provision of law, funds made available 

22 in this Act to carry out title VI of the HEA and section 

23 102(b)(6) of the Mutual Educational and Cultural Ex24 change Act of 1961 may be used to support visits and study 

25 in foreign countries by individuals who are participating 
933 

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1 in advanced foreign language training and international 

2 studies in areas that are vital to United States national 

3 security and who plan to apply their language skills and 

4 knowledge of these countries in the fields of government, the 

5 professions, or international development: Provided further, 

6 That of the funds referred to in the preceding proviso up 

7 to 1 percent may be used for program evaluation, national 

8 outreach, and information dissemination activities: Pro9 vided further, That up to 1.5 percent of the funds made 

10 available under chapter 2 of subpart 2 of part A of title 

11 IV of the HEA may be used for evaluation. 

12 HOWARD UNIVERSITY

13 For partial support of Howard University, 

14 $221,821,000, of which not less than $3,405,000 shall be for 

15 a matching endowment grant pursuant to the Howard Uni16 versity Endowment Act and shall remain available until 

17 expended. 

18 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

19 PROGRAM

20 For Federal administrative expenses to carry out ac21 tivities related to existing facility loans pursuant to section 

22 121 of the HEA, $435,000. 
934 

•HR 2029 EAH 

1 HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

2 FINANCING PROGRAM ACCOUNT

3 For the cost of guaranteed loans, $20,150,000, as au4 thorized pursuant to part D of title III of the HEA, which 

5 shall remain available through September 30, 2017: Pro6 vided, That such costs, including the cost of modifying such 

7 loans, shall be as defined in section 502 of the Congressional 

8 Budget Act of 1974: Provided further, That these funds are 

9 available to subsidize total loan principal, any part of 

10 which is to be guaranteed, not to exceed $302,099,000: Pro11 vided further, That these funds may be used to support 

12 loans to public and private Historically Black Colleges and 

13 Universities without regard to the limitations within sec14 tion 344(a) of the HEA. 

15 In addition, for administrative expenses to carry out 

16 the Historically Black College and University Capital Fi17 nancing Program entered into pursuant to part D of title 

18 III of the HEA, $334,000. 

19 INSTITUTE OF EDUCATION SCIENCES

20 For carrying out activities authorized by the Edu21 cation Sciences Reform Act of 2002, the National Assess22 ment of Educational Progress Authorization Act, section 

23 208 of the Educational Technical Assistance Act of 2002, 

24 and section 664 of the Individuals with Disabilities Edu25 cation Act, $618,015,000, which shall remain available 
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1 through September 30, 2017: Provided, That funds available 

2 to carry out section 208 of the Educational Technical As3 sistance Act may be used to link Statewide elementary and 

4 secondary data systems with early childhood, postsec5 ondary, and workforce data systems, or to further develop 

6 such systems: Provided further, That up to $6,000,000 of 

7 the funds available to carry out section 208 of the Edu8 cational Technical Assistance Act may be used for awards 

9 to public or private organizations or agencies to support 

10 activities to improve data coordination, quality, and use 

11 at the local, State, and national levels: Provided further, 

12 That $157,235,000 shall be for carrying out activities au13 thorized by the National Assessment of Educational 

14 Progress Authorization Act. 

15 DEPARTMENTAL MANAGEMENT

16 PROGRAM ADMINISTRATION

17 For carrying out, to the extent not otherwise provided, 

18 the Department of Education Organization Act, including 

19 rental of conference rooms in the District of Columbia and 

20 hire of three passenger motor vehicles, $432,000,000, of 

21 which up to $1,000,000, to remain available until expended, 

22 may be for relocation of, and renovation of buildings occu23 pied by, Department staff. 
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•HR 2029 EAH 

1 OFFICE FOR CIVIL RIGHTS

2 For expenses necessary for the Office for Civil Rights, 

3 as authorized by section 203 of the Department of Edu4 cation Organization Act, $107,000,000. 

5 OFFICE OF INSPECTOR GENERAL

6 For expenses necessary for the Office of Inspector Gen7 eral, as authorized by section 212 of the Department of 

8 Education Organization Act, $59,256,000. 

9 GENERAL PROVISIONS

10 SEC. 301. No funds appropriated in this Act may be 

11 used for the transportation of students or teachers (or for 

12 the purchase of equipment for such transportation) in order 

13 to overcome racial imbalance in any school or school system, 

14 or for the transportation of students or teachers (or for the 

15 purchase of equipment for such transportation) in order to 

16 carry out a plan of racial desegregation of any school or 

17 school system. 

18 SEC. 302. None of the funds contained in this Act shall 

19 be used to require, directly or indirectly, the transportation 

20 of any student to a school other than the school which is 

21 nearest the student’s home, except for a student requiring 

22 special education, to the school offering such special edu23 cation, in order to comply with title VI of the Civil Rights 

24 Act of 1964. For the purpose of this section an indirect re25 quirement of transportation of students includes the trans-
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•HR 2029 EAH 

1 portation of students to carry out a plan involving the reor2 ganization of the grade structure of schools, the pairing of 

3 schools, or the clustering of schools, or any combination of 

4 grade restructuring, pairing, or clustering. The prohibition 

5 described in this section does not include the establishment 

6 of magnet schools. 

7 SEC. 303. No funds appropriated in this Act may be 

8 used to prevent the implementation of programs of vol9 untary prayer and meditation in the public schools. 

10 (TRANSFER OF FUNDS)

11 SEC. 304. Not to exceed 1 percent of any discretionary 

12 funds (pursuant to the Balanced Budget and Emergency 

13 Deficit Control Act of 1985) which are appropriated for the 

14 Department of Education in this Act may be transferred 

15 between appropriations, but no such appropriation shall be 

16 increased by more than 3 percent by any such transfer: Pro17 vided, That the transfer authority granted by this section 

18 shall not be used to create any new program or to fund 

19 any project or activity for which no funds are provided in 

20 this Act: Provided further, That the Committees on Appro21 priations of the House of Representatives and the Senate 

22 are notified at least 15 days in advance of any transfer. 

23 SEC. 305. The Outlying Areas may consolidate funds 

24 received under this Act, pursuant to 48 U.S.C. 1469a, under 

25 part A of title V of the ESEA. 
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1 SEC. 306. Section 105(f)(1)(B)(ix) of the Compact of 

2 Free Association Amendments Act of 2003 (48 U.S.C. 

3 1921d(f)(1)(B)(ix)) shall be applied by substituting ‘‘2016’’ 

4 for ‘‘2009’’. 

5 SEC. 307. The Secretary, in consultation with the Di6 rector of the Institute of Education Sciences, may reserve 

7 funds under section 9601 of the ESEA (subject to the limi8 tations in subsections (b) and (c) of that section) in order 

9 to carry out activities authorized under paragraphs (1) and 

10 (2) of subsection (a) of that section with respect to any 

11 ESEA program funded in this Act and without respect to 

12 the source of funds for those activities: Provided, That high13 quality evaluations of ESEA programs shall be prioritized, 

14 before using funds for any other evaluation activities: Pro15 vided further, That any funds reserved under this section 

16 shall be available from July 1, 2016 through September 30, 

17 2017: Provided further, That not later than 10 days prior 

18 to the initial obligation of funds reserved under this section, 

19 the Secretary, in consultation with the Director, shall sub20 mit an evaluation plan to the Senate Committees on Appro21 priations and Health, Education, Labor, and Pensions and 

22 the House Committees on Appropriations and Education 

23 and the Workforce which identifies the source and amount 

24 of funds reserved under this section, the impact on program 

25 grantees if funds are withheld, the programs to be evaluated 
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•HR 2029 EAH 

1 with such funds, how ESEA programs will be regularly 

2 evaluated, and how findings from evaluations completed 

3 under this section will be widely disseminated. 

4 SEC. 308. (a) An institution of higher education that 

5 maintains an endowment fund supported with funds appro6 priated for title III or V of the HEA for fiscal year 2016 

7 may use the income from that fund to award scholarships 

8 to students, subject to the limitation in section 

9 331(c)(3)(B)(i) of the HEA. The use of such income for such 

10 purposes, prior to the enactment of this Act, shall be consid11 ered to have been an allowable use of that income, subject 

12 to that limitation. 

13 (b) Subsection (a) shall be in effect until titles III and 

14 V of the HEA are reauthorized. 

15 SEC. 309. Section 114(f) of the HEA (20 U.S.C. 

16 1011c(f)) is amended by striking ‘‘2015’’ and inserting 

17 ‘‘2016’’. 

18 SEC. 310. Section 458(a) of the HEA (20 U.S.C. 

19 1087h(a)) is amended in paragraph (4) by striking ‘‘2014’’ 

20 and inserting ‘‘2016’’. 

21 SEC. 311. Section 428(c)(1) of the HEA (20 U.S.C. 

22 1078(c)(1)) is amended by striking ‘‘95 percent’’ and insert23 ing ‘‘100 percent’’. 

24 SEC. 312. Notwithstanding section 5(b) of the Every 

25 Student Succeeds Act, funds provided in this Act for non- 
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•HR 2029 EAH 

1 competitive formula grant programs authorized by the 

2 ESEA for use during academic year 2016–2017 shall be 

3 administered in accordance with the ESEA as in effect on 

4 the day before the date of enactment of the Every Student 

5 Succeeds Act. 

6 SEC. 313. CAREER PATHWAYS PROGRAMS.— 

7 (1) Subsection (d) of section 484 of the HEA is 

8 amended by replacing (d)(2) with the following: 

9 ‘‘(2) ELIGIBLE CAREER PATHWAY PROGRAM.—In 

10 this subsection, the term ‘eligible career pathway pro11 gram’ means a program that combines rigorous and 

12 high-quality education, training, and other services 

13 that— 

14 ‘‘(A) aligns with the skill needs of industries 

15 in the economy of the State or regional economy 

16 involved; 

17 ‘‘(B) prepares an individual to be successful 

18 in any of a full range of secondary or postsec19 ondary education options, including apprentice20 ships registered under the Act of August 16, 1937 

21 (commonly known as the ‘National Apprentice22 ship Act’; 50 Stat. 664, chapter 663; 29 U.S.C. 

23 50 et seq.) (referred to individually in this Act 

24 as an ‘apprenticeship’, except in section 171); 
941 

•HR 2029 EAH 

1 ‘‘(C) includes counseling to support an in2 dividual in achieving the individual’s education 

3 and career goals; 

4 ‘‘(D) includes, as appropriate, education of5 fered concurrently with and in the same context 

6 as workforce preparation activities and training 

7 for a specific occupation or occupational cluster; 

8 ‘‘(E) organizes education, training, and 

9 other services to meet the particular needs of an 

10 individual in a manner that accelerates the edu11 cational and career advancement of the indi12 vidual to the extent practicable; 

13 ‘‘(F) enables an individual to attain a sec14 ondary school diploma or its recognized equiva15 lent, and at least 1 recognized postsecondary cre16 dential; and 

17 ‘‘(G) helps an individual enter or advance 

18 within a specific occupation or occupational 

19 cluster.’’. 

20 (2) Subsection (b) of section 401 of the HEA is 

21 amended by striking the addition to (b)(2)(A)(ii) 

22 made by subsection 309(b) of division G of Public 

23 Law 113–235. 

24 This title may be cited as the ‘‘Department of Edu25 cation Appropriations Act, 2016’’. 
942 

•HR 2029 EAH 

1 TITLE IV 

2 RELATED AGENCIES 

3 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

4 BLIND OR SEVERELY DISABLED

5 SALARIES AND EXPENSES

6 For expenses necessary for the Committee for Purchase 

7 From People Who Are Blind or Severely Disabled estab8 lished under section 8502 of title 41, United States Code, 

9 $6,191,000: Provided, That in order to authorize any cen10 tral nonprofit agency designated pursuant to section 

11 8503(c) of title 41, United States Code, to perform contract 

12 requirements of the Committee as prescribed under section 

13 51–3.2 of title 41, Code of Federal Regulations, the Com14 mittee shall within 180 days after the date of enactment 

15 of this Act enter into a written agreement with any such 

16 central nonprofit agency: Provided further, That such 

17 agreement entered into under the preceding proviso shall 

18 contain such auditing, oversight, and reporting provisions 

19 as necessary to implement chapter 85 of title 41, United 

20 States Code: Provided further, That such agreement shall 

21 include the elements listed under the heading ‘‘Committee 

22 For Purchase From People Who Are Blind or Severely Dis23 abled—Written Agreement Elements’’ in the explanatory 

24 statement described in section 4 (in the matter preceding 

25 division A of this consolidated Act): Provided further, That 
943 

•HR 2029 EAH 

1 after 180 days from the date of enactment of this Act a 

2 fee may not be charged under section 51–3.5 of title 41, 

3 Code of Federal Regulations, unless such fee is under the 

4 terms of the written agreement between the Committee and 

5 any such central nonprofit agency: Provided further, That 

6 no less than $750,000 shall be available for the Office of 

7 Inspector General. 

8 ADMINISTRATIVE PROVISIONS

9 SEC. 401. (a) Section 8G of the Inspector General Act 

10 of 1978 (5 U.S.C. App.) is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (2), by inserting ‘‘the 

13 Committee for Purchase From People Who Are 

14 Blind or Severely Disabled,’’ after ‘‘the Board for 

15 International Broadcasting,’’; and 

16 (B) in paragraph (4)— 

17 (i) by redesignating subparagraphs (D) 

18 through (H) as subparagraphs (E) through 

19 (I), respectively; and 

20 (ii) by inserting after subparagraph 

21 (C) the following new subparagraph: 

22 ‘‘(D) with respect to the Committee for Pur23 chase From People Who Are Blind or Severely 

24 Disabled, such term means the Chairman of the 
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•HR 2029 EAH 

1 Committee for Purchase From People Who Are 

2 Blind or Severely Disabled;’’; and 

3 (2) in subsection (e)(1)— 

4 (A) by striking ‘‘board or commission’’, the 

5 first place it appears, and inserting ‘‘board, 

6 chairman of a committee, or commission’’; and 

7 (B) by striking ‘‘board or commission’’, the 

8 second place it appears, and inserting ‘‘board, 

9 committee, or commission’’. 

10 (b) Not later than 180 days after the date of the enact11 ment of this Act, the Chairman of the Committee for Pur12 chase From People Who Are Blind or Severely Disabled 

13 shall appoint an Inspector General for the Committee. 

14 (c) This section, and the amendments made by this sec15 tion, shall take effect on the date that is 180 days after the 

16 date of the enactment of this Act. 

17 SEC. 402. Not later than 30 days after the end of each 

18 fiscal year quarter, beginning with the first quarter of fiscal 

19 year 2016, the Committee For Purchase From People Who 

20 Are Blind or Severely Disabled shall submit to the Commit21 tees on Oversight and Government Reform and Education 

22 and the Workforce of the House of Representatives, the Com23 mittees on Homeland Security and Governmental Affairs 

24 and Health, Education, Labor, and Pensions of the Senate, 

25 and the Committees on Appropriations of the House of Rep-
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•HR 2029 EAH 

1 resentatives and the Senate, the reports described under the 

2 heading ‘‘Committee For Purchase From People Who Are 

3 Blind or Severely Disabled—Requested Reports’’ in the ex4 planatory statement described in section 4 (in the matter 

5 preceding division A of this consolidated Act). 

6 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

7 OPERATING EXPENSES

8 For necessary expenses for the Corporation for Na9 tional and Community Service (referred to in this title as 

10 ‘‘CNCS’’) to carry out the Domestic Volunteer Service Act 

11 of 1973 (referred to in this title as ‘‘1973 Act’’) and the 

12 National and Community Service Act of 1990 (referred to 

13 in this title as ‘‘1990 Act’’), $787,929,000, notwithstanding 

14 sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 

15 501(a)(4)(F) of the 1990 Act: Provided, That of the amounts 

16 provided under this heading: (1) up to 1 percent of program 

17 grant funds may be used to defray the costs of conducting 

18 grant application reviews, including the use of outside peer 

19 reviewers and electronic management of the grants cycle; 

20 (2) $50,000,000 shall be available for expenses to carry out 

21 section 198K of the 1990 Act; (3) $16,038,000 shall be avail22 able to provide assistance to State commissions on national 

23 and community service, under section 126(a) of the 1990 

24 Act and notwithstanding section 501(a)(5)(B) of the 1990 

25 Act; (4) $30,000,000 shall be available to carry out subtitle 
946 

•HR 2029 EAH 

1 E of the 1990 Act; and (5) $3,800,000 shall be available 

2 for expenses authorized under section 501(a)(4)(F) of the 

3 1990 Act, which, notwithstanding the provisions of section 

4 198P shall be awarded by CNCS on a competitive basis: 

5 Provided further, That for the purposes of carrying out the 

6 1990 Act, satisfying the requirements in section 

7 122(c)(1)(D) may include a determination of need by the 

8 local community: Provided further, That not to exceed 20 

9 percent of funds made available under section 198K of the 

10 1990 Act may be used for Social Innovation Fund Pilot 

11 Program-related performance-based awards for Pay for 

12 Success projects and shall remain available through Sep13 tember 30, 2017: Provided further, That, with respect to the 

14 previous proviso, any funds obligated for such projects shall 

15 remain available for disbursement until expended, notwith16 standing 31 U.S.C. 1552(a): Provided further, That any 

17 funds deobligated from projects under section 198K of the 

18 1990 Act shall immediately be available for activities au19 thorized under section 198K of such Act. 

20 PAYMENT TO THE NATIONAL SERVICE TRUST

21 (INCLUDING TRANSFER OF FUNDS)

22 For payment to the National Service Trust established 

23 under subtitle D of title I of the 1990 Act, $220,000,000, 

24 to remain available until expended: Provided, That CNCS 

25 may transfer additional funds from the amount provided 
947 

•HR 2029 EAH 

1 within ‘‘Operating Expenses’’ allocated to grants under sub2 title C of title I of the 1990 Act to the National Service 

3 Trust upon determination that such transfer is necessary 

4 to support the activities of national service participants 

5 and after notice is transmitted to the Committees on Appro6 priations of the House of Representatives and the Senate: 

7 Provided further, That amounts appropriated for or trans8 ferred to the National Service Trust may be invested under 

9 section 145(b) of the 1990 Act without regard to the require10 ment to apportion funds under 31 U.S.C. 1513(b). 

11 SALARIES AND EXPENSES

12 For necessary expenses of administration as provided 

13 under section 501(a)(5) of the 1990 Act and under section 

14 504(a) of the 1973 Act, including payment of salaries, au15 thorized travel, hire of passenger motor vehicles, the rental 

16 of conference rooms in the District of Columbia, the employ17 ment of experts and consultants authorized under 5 U.S.C. 

18 3109, and not to exceed $2,500 for official reception and 

19 representation expenses, $81,737,000. 

20 OFFICE OF INSPECTOR GENERAL

21 For necessary expenses of the Office of Inspector Gen22 eral in carrying out the Inspector General Act of 1978, 

23 $5,250,000. 
948 

•HR 2029 EAH 

1 ADMINISTRATIVE PROVISIONS

2 SEC. 403. CNCS shall make any significant changes 

3 to program requirements, service delivery or policy only 

4 through public notice and comment rulemaking. For fiscal 

5 year 2016, during any grant selection process, an officer 

6 or employee of CNCS shall not knowingly disclose any cov7 ered grant selection information regarding such selection, 

8 directly or indirectly, to any person other than an officer 

9 or employee of CNCS that is authorized by CNCS to receive 

10 such information. 

11 SEC. 404. AmeriCorps programs receiving grants 

12 under the National Service Trust program shall meet an 

13 overall minimum share requirement of 24 percent for the 

14 first 3 years that they receive AmeriCorps funding, and 

15 thereafter shall meet the overall minimum share require16 ment as provided in section 2521.60 of title 45, Code of 

17 Federal Regulations, without regard to the operating costs 

18 match requirement in section 121(e) or the member support 

19 Federal share limitations in section 140 of the 1990 Act, 

20 and subject to partial waiver consistent with section 

21 2521.70 of title 45, Code of Federal Regulations. 

22 SEC. 405. Donations made to CNCS under section 196 

23 of the 1990 Act for the purposes of financing programs and 

24 operations under titles I and II of the 1973 Act or subtitle 

25 B, C, D, or E of title I of the 1990 Act shall be used to 
949 

•HR 2029 EAH 

1 supplement and not supplant current programs and oper2 ations. 

3 SEC. 406. In addition to the requirements in section 

4 146(a) of the 1990 Act, use of an educational award for 

5 the purpose described in section 148(a)(4) shall be limited 

6 to individuals who are veterans as defined under section 

7 101 of the Act. 

8 SEC. 407. For the purpose of carrying out section 

9 189D of the 1990 Act— 

10 (1) entities described in paragraph (a) of such 

11 section shall be considered ‘‘qualified entities’’ under 

12 section 3 of the National Child Protection Act of 1993 

13 (‘‘NCPA’’); and 

14 (2) individuals described in such section shall be 

15 considered ‘‘volunteers’’ under section 3 of NCPA; and 

16 (3) State Commissions on National and Commu17 nity Service established pursuant to section 178 of the 

18 1990 Act, are authorized to receive criminal history 

19 record information, consistent with Public Law 92– 

20 544. 

21 CORPORATION FOR PUBLIC BROADCASTING

22 For payment to the Corporation for Public Broad23 casting (‘‘CPB’’), as authorized by the Communications Act 

24 of 1934, an amount which shall be available within limita25 tions specified by that Act, for the fiscal year 2018, 
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•HR 2029 EAH 

1 $445,000,000: Provided, That none of the funds made avail2 able to CPB by this Act shall be used to pay for receptions, 

3 parties, or similar forms of entertainment for Government 

4 officials or employees: Provided further, That none of the 

5 funds made available to CPB by this Act shall be available 

6 or used to aid or support any program or activity from 

7 which any person is excluded, or is denied benefits, or is 

8 discriminated against, on the basis of race, color, national 

9 origin, religion, or sex: Provided further, That none of the 

10 funds made available to CPB by this Act shall be used to 

11 apply any political test or qualification in selecting, ap12 pointing, promoting, or taking any other personnel action 

13 with respect to officers, agents, and employees of CPB: Pro14 vided further, That none of the funds made available to 

15 CPB by this Act shall be used to support the Television Fu16 ture Fund or any similar purpose. 

17 In addition, for the costs associated with replacing and 

18 upgrading the public broadcasting interconnection system, 

19 $40,000,000. 

20 FEDERAL MEDIATION AND CONCILIATION SERVICE

21 SALARIES AND EXPENSES

22 For expenses necessary for the Federal Mediation and 

23 Conciliation Service (‘‘Service’’) to carry out the functions 

24 vested in it by the Labor-Management Relations Act, 1947, 

25 including hire of passenger motor vehicles; for expenses nec-
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•HR 2029 EAH 

1 essary for the Labor-Management Cooperation Act of 1978; 

2 and for expenses necessary for the Service to carry out the 

3 functions vested in it by the Civil Service Reform Act, 

4 $48,748,000, including up to $400,000 to remain available 

5 through September 30, 2017, for activities authorized by the 

6 Labor-Management Cooperation Act of 1978: Provided, 

7 That notwithstanding 31 U.S.C. 3302, fees charged, up to 

8 full-cost recovery, for special training activities and other 

9 conflict resolution services and technical assistance, includ10 ing those provided to foreign governments and international 

11 organizations, and for arbitration services shall be credited 

12 to and merged with this account, and shall remain avail13 able until expended: Provided further, That fees for arbitra14 tion services shall be available only for education, training, 

15 and professional development of the agency workforce: Pro16 vided further, That the Director of the Service is authorized 

17 to accept and use on behalf of the United States gifts of 

18 services and real, personal, or other property in the aid of 

19 any projects or functions within the Director’s jurisdiction. 

20 FEDERAL MINE SAFETY AND HEALTH REVIEW

21 COMMISSION

22 SALARIES AND EXPENSES

23 For expenses necessary for the Federal Mine Safety 

24 and Health Review Commission, $17,085,000. 
952 

•HR 2029 EAH 

1 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

2 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND

3 ADMINISTRATION

4 For carrying out the Museum and Library Services 

5 Act of 1996 and the National Museum of African American 

6 History and Culture Act, $230,000,000. 

7 MEDICAID AND CHIP PAYMENT AND ACCESS COMMISSION

8 SALARIES AND EXPENSES

9 For expenses necessary to carry out section 1900 of the 

10 Social Security Act, $7,765,000. 

11 MEDICARE PAYMENT ADVISORY COMMISSION

12 SALARIES AND EXPENSES

13 For expenses necessary to carry out section 1805 of the 

14 Social Security Act, $11,925,000, to be transferred to this 

15 appropriation from the Federal Hospital Insurance Trust 

16 Fund and the Federal Supplementary Medical Insurance 

17 Trust Fund. 

18 NATIONAL COUNCIL ON DISABILITY

19 SALARIES AND EXPENSES

20 For expenses necessary for the National Council on 

21 Disability as authorized by title IV of the Rehabilitation 

22 Act of 1973, $3,250,000. 
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•HR 2029 EAH 

1 NATIONAL LABOR RELATIONS BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Labor Rela4 tions Board to carry out the functions vested in it by the 

5 Labor-Management Relations Act, 1947, and other laws, 

6 $274,224,000: Provided, That no part of this appropriation 

7 shall be available to organize or assist in organizing agri8 cultural laborers or used in connection with investigations, 

9 hearings, directives, or orders concerning bargaining units 

10 composed of agricultural laborers as referred to in section 

11 2(3) of the Act of July 5, 1935, and as amended by the 

12 Labor-Management Relations Act, 1947, and as defined in 

13 section 3(f) of the Act of June 25, 1938, and including in 

14 said definition employees engaged in the maintenance and 

15 operation of ditches, canals, reservoirs, and waterways 

16 when maintained or operated on a mutual, nonprofit basis 

17 and at least 95 percent of the water stored or supplied there18 by is used for farming purposes. 

19 ADMINISTRATIVE PROVISIONS

20 SEC. 408. None of the funds provided by this Act or 

21 previous Acts making appropriations for the National 

22 Labor Relations Board may be used to issue any new ad23 ministrative directive or regulation that would provide em24 ployees any means of voting through any electronic means 
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•HR 2029 EAH 

1 in an election to determine a representative for the purposes 

2 of collective bargaining. 

3 NATIONAL MEDIATION BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary to carry out the provisions of 

6 the Railway Labor Act, including emergency boards ap7 pointed by the President, $13,230,000. 

8 OCCUPATIONAL SAFETY AND HEALTH REVIEW

9 COMMISSION

10 SALARIES AND EXPENSES

11 For expenses necessary for the Occupational Safety 

12 and Health Review Commission, $12,639,000. 

13 RAILROAD RETIREMENT BOARD

14 DUAL BENEFITS PAYMENTS ACCOUNT

15 For payment to the Dual Benefits Payments Account, 

16 authorized under section 15(d) of the Railroad Retirement 

17 Act of 1974, $29,000,000, which shall include amounts be18 coming available in fiscal year 2016 pursuant to section 

19 224(c)(1)(B) of Public Law 98–76; and in addition, an 

20 amount, not to exceed 2 percent of the amount provided 

21 herein, shall be available proportional to the amount by 

22 which the product of recipients and the average benefit re23 ceived exceeds the amount available for payment of vested 

24 dual benefits: Provided, That the total amount provided 
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1 herein shall be credited in 12 approximately equal amounts 

2 on the first day of each month in the fiscal year. 

3 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

4 ACCOUNTS

5 For payment to the accounts established in the Treas6 ury for the payment of benefits under the Railroad Retire7 ment Act for interest earned on unnegotiated checks, 

8 $150,000, to remain available through September 30, 2017, 

9 which shall be the maximum amount available for payment 

10 pursuant to section 417 of Public Law 98–76. 

11 LIMITATION ON ADMINISTRATION

12 For necessary expenses for the Railroad Retirement 

13 Board (‘‘Board’’) for administration of the Railroad Retire14 ment Act and the Railroad Unemployment Insurance Act, 

15 $111,225,000, to be derived in such amounts as determined 

16 by the Board from the railroad retirement accounts and 

17 from moneys credited to the railroad unemployment insur18 ance administration fund: Provided, That notwithstanding 

19 section 7(b)(9) of the Railroad Retirement Act this limita20 tion may be used to hire attorneys only through the excepted 

21 service: Provided further, That the previous proviso shall 

22 not change the status under Federal employment laws of 

23 any attorney hired by the Railroad Retirement Board prior 

24 to January 1, 2013. 
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1 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

2 For expenses necessary for the Office of Inspector Gen3 eral for audit, investigatory and review activities, as au4 thorized by the Inspector General Act of 1978, not more 

5 than $8,437,000, to be derived from the railroad retirement 

6 accounts and railroad unemployment insurance account. 

7 SOCIAL SECURITY ADMINISTRATION

8 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

9 For payment to the Federal Old-Age and Survivors In10 surance Trust Fund and the Federal Disability Insurance 

11 Trust Fund, as provided under sections 201(m), 228(g), and 

12 1131(b)(2) of the Social Security Act, $11,400,000. 

13 SUPPLEMENTAL SECURITY INCOME PROGRAM

14 For carrying out titles XI and XVI of the Social Secu15 rity Act, section 401 of Public Law 92–603, section 212 

16 of Public Law 93–66, as amended, and section 405 of Public 

17 Law 95–216, including payment to the Social Security 

18 trust funds for administrative expenses incurred pursuant 

19 to section 201(g)(1) of the Social Security Act, 

20 $46,305,733,000, to remain available until expended: Pro21 vided, That any portion of the funds provided to a State 

22 in the current fiscal year and not obligated by the State 

23 during that year shall be returned to the Treasury: Pro24 vided further, That not more than $101,000,000 shall be 

25 available for research and demonstrations under sections 
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1 1110, 1115, and 1144 of the Social Security Act, and re2 main available through September 30, 2018. 

3 For making, after June 15 of the current fiscal year, 

4 benefit payments to individuals under title XVI of the So5 cial Security Act, for unanticipated costs incurred for the 

6 current fiscal year, such sums as may be necessary. 

7 For making benefit payments under title XVI of the 

8 Social Security Act for the first quarter of fiscal year 2017, 

9 $14,500,000,000, to remain available until expended. 

10 LIMITATION ON ADMINISTRATIVE EXPENSES

11 For necessary expenses, including the hire of two pas12 senger motor vehicles, and not to exceed $20,000 for official 

13 reception and representation expenses, not more than 

14 $10,598,945,000 may be expended, as authorized by section 

15 201(g)(1) of the Social Security Act, from any one or all 

16 of the trust funds referred to in such section: Provided, That 

17 not less than $2,300,000 shall be for the Social Security 

18 Advisory Board: Provided further, That, $116,000,000 may 

19 be used for the costs associated with conducting continuing 

20 disability reviews under titles II and XVI of the Social Se21 curity Act and conducting redeterminations of eligibility 

22 under title XVI of the Social Security Act: Provided further, 

23 That the Commissioner may allocate additional funds 

24 under this paragraph above the level specified in the pre25 vious proviso for such activities but only to reconcile esti-
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1 mated and actual unit costs for conducting such activities 

2 and after notifying the Committees on Appropriations of 

3 the House of Representatives and the Senate at least 15 

4 days in advance of any such reallocation: Provided further, 

5 That the acquisition of services to conduct and manage rep6 resentative payee reviews shall be made using full and open 

7 competition procedures: Provided further, That, 

8 $150,000,000, to remain available until expended, shall be 

9 for necessary expenses for the renovation and modernization 

10 of the Arthur J. Altmeyer Building: Provided further, That 

11 unobligated balances of funds provided under this para12 graph at the end of fiscal year 2016 not needed for fiscal 

13 year 2016 shall remain available until expended to invest 

14 in the Social Security Administration information tech15 nology and telecommunications hardware and software in16 frastructure, including related equipment and non-payroll 

17 administrative expenses associated solely with this informa18 tion technology and telecommunications infrastructure: 

19 Provided further, That the Commissioner of Social Security 

20 shall notify the Committees on Appropriations of the House 

21 of Representatives and the Senate prior to making unobli22 gated balances available under the authority in the previous 

23 proviso: Provided further, That reimbursement to the trust 

24 funds under this heading for expenditures for official time 

25 for employees of the Social Security Administration pursu-
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•HR 2029 EAH 

1 ant to 5 U.S.C. 7131, and for facilities or support services 

2 for labor organizations pursuant to policies, regulations, or 

3 procedures referred to in section 7135(b) of such title shall 

4 be made by the Secretary of the Treasury, with interest, 

5 from amounts in the general fund not otherwise appro6 priated, as soon as possible after such expenditures are 

7 made. 

8 In addition, for the costs associated with continuing 

9 disability reviews under titles II and XVI of the Social Se10 curity Act and for the cost associated with conducting rede11 terminations of eligibility under title XVI of the Social Se12 curity Act, $1,426,000,000 may be expended, as authorized 

13 by section 201(g)(1) of the Social Security Act, from any 

14 one or all of the trust funds referred to therein: Provided, 

15 That, of such amount, $273,000,000 is provided to meet the 

16 terms of section 251(b)(2)(B)(ii)(III) of the Balanced Budg17 et and Emergency Deficit Control Act of 1985, as amended, 

18 and $1,153,000,000 is additional new budget authority 

19 specified for purposes of section 251(b)(2)(B) of such Act: 

20 Provided further, That the Commissioner shall provide to 

21 the Congress (at the conclusion of the fiscal year) a report 

22 on the obligation and expenditure of these funds, similar 

23 to the reports that were required by section 103(d)(2) of 

24 Public Law 104–121 for fiscal years 1996 through 2002. 
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1 In addition, $136,000,000 to be derived from adminis2 tration fees in excess of $5.00 per supplementary payment 

3 collected pursuant to section 1616(d) of the Social Security 

4 Act or section 212(b)(3) of Public Law 93–66, which shall 

5 remain available until expended. To the extent that the 

6 amounts collected pursuant to such sections in fiscal year 

7 2016 exceed $136,000,000, the amounts shall be available 

8 in fiscal year 2017 only to the extent provided in advance 

9 in appropriations Acts. 

10 In addition, up to $1,000,000 to be derived from fees 

11 collected pursuant to section 303(c) of the Social Security 

12 Protection Act, which shall remain available until ex13 pended. 

14 OFFICE OF INSPECTOR GENERAL

15 (INCLUDING TRANSFER OF FUNDS)

16 For expenses necessary for the Office of Inspector Gen17 eral in carrying out the provisions of the Inspector General 

18 Act of 1978, $29,787,000, together with not to exceed 

19 $75,713,000, to be transferred and expended as authorized 

20 by section 201(g)(1) of the Social Security Act from the 

21 Federal Old-Age and Survivors Insurance Trust Fund and 

22 the Federal Disability Insurance Trust Fund. 

23 In addition, an amount not to exceed 3 percent of the 

24 total provided in this appropriation may be transferred 

25 from the ‘‘Limitation on Administrative Expenses’’, Social 
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1 Security Administration, to be merged with this account, 

2 to be available for the time and purposes for which this 

3 account is available: Provided, That notice of such transfers 

4 shall be transmitted promptly to the Committees on Appro5 priations of the House of Representatives and the Senate 

6 at least 15 days in advance of any transfer. 

7 TITLE V 

8 GENERAL PROVISIONS 

9 (TRANSFER OF FUNDS)

10 SEC. 501. The Secretaries of Labor, Health and 

11 Human Services, and Education are authorized to transfer 

12 unexpended balances of prior appropriations to accounts 

13 corresponding to current appropriations provided in this 

14 Act. Such transferred balances shall be used for the same 

15 purpose, and for the same periods of time, for which they 

16 were originally appropriated. 

17 SEC. 502. No part of any appropriation contained in 

18 this Act shall remain available for obligation beyond the 

19 current fiscal year unless expressly so provided herein. 

20 SEC. 503. (a) No part of any appropriation contained 

21 in this Act or transferred pursuant to section 4002 of Public 

22 Law 111–148 shall be used, other than for normal and rec23 ognized executive-legislative relationships, for publicity or 

24 propaganda purposes, for the preparation, distribution, or 

25 use of any kit, pamphlet, booklet, publication, electronic 
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1 communication, radio, television, or video presentation de2 signed to support or defeat the enactment of legislation be3 fore the Congress or any State or local legislature or legisla4 tive body, except in presentation to the Congress or any 

5 State or local legislature itself, or designed to support or 

6 defeat any proposed or pending regulation, administrative 

7 action, or order issued by the executive branch of any State 

8 or local government, except in presentation to the executive 

9 branch of any State or local government itself. 

10 (b) No part of any appropriation contained in this 

11 Act or transferred pursuant to section 4002 of Public Law 

12 111–148 shall be used to pay the salary or expenses of any 

13 grant or contract recipient, or agent acting for such recipi14 ent, related to any activity designed to influence the enact15 ment of legislation, appropriations, regulation, administra16 tive action, or Executive order proposed or pending before 

17 the Congress or any State government, State legislature or 

18 local legislature or legislative body, other than for normal 

19 and recognized executive-legislative relationships or partici20 pation by an agency or officer of a State, local or tribal 

21 government in policymaking and administrative processes 

22 within the executive branch of that government. 

23 (c) The prohibitions in subsections (a) and (b) shall 

24 include any activity to advocate or promote any proposed, 

25 pending or future Federal, State or local tax increase, or 
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•HR 2029 EAH 

1 any proposed, pending, or future requirement or restriction 

2 on any legal consumer product, including its sale or mar3 keting, including but not limited to the advocacy or pro4 motion of gun control. 

5 SEC. 504. The Secretaries of Labor and Education are 

6 authorized to make available not to exceed $28,000 and 

7 $20,000, respectively, from funds available for salaries and 

8 expenses under titles I and III, respectively, for official re9 ception and representation expenses; the Director of the 

10 Federal Mediation and Conciliation Service is authorized 

11 to make available for official reception and representation 

12 expenses not to exceed $5,000 from the funds available for 

13 ‘‘Federal Mediation and Conciliation Service, Salaries and 

14 Expenses’’; and the Chairman of the National Mediation 

15 Board is authorized to make available for official reception 

16 and representation expenses not to exceed $5,000 from funds 

17 available for ‘‘National Mediation Board, Salaries and Ex18 penses’’. 

19 SEC. 505. When issuing statements, press releases, re20 quests for proposals, bid solicitations and other documents 

21 describing projects or programs funded in whole or in part 

22 with Federal money, all grantees receiving Federal funds 

23 included in this Act, including but not limited to State and 

24 local governments and recipients of Federal research grants, 

25 shall clearly state— 
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1 (1) the percentage of the total costs of the pro2 gram or project which will be financed with Federal 

3 money; 

4 (2) the dollar amount of Federal funds for the 

5 project or program; and 

6 (3) percentage and dollar amount of the total 

7 costs of the project or program that will be financed 

8 by non-governmental sources. 

9 SEC. 506. (a) None of the funds appropriated in this 

10 Act, and none of the funds in any trust fund to which funds 

11 are appropriated in this Act, shall be expended for any 

12 abortion. 

13 (b) None of the funds appropriated in this Act, and 

14 none of the funds in any trust fund to which funds are 

15 appropriated in this Act, shall be expended for health bene16 fits coverage that includes coverage of abortion. 

17 (c) The term ‘‘health benefits coverage’’ means the 

18 package of services covered by a managed care provider or 

19 organization pursuant to a contract or other arrangement. 

20 SEC. 507. (a) The limitations established in the pre21 ceding section shall not apply to an abortion— 

22 (1) if the pregnancy is the result of an act of 

23 rape or incest; or 

24 (2) in the case where a woman suffers from a 

25 physical disorder, physical injury, or physical illness, 
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•HR 2029 EAH 

1 including a life-endangering physical condition 

2 caused by or arising from the pregnancy itself, that 

3 would, as certified by a physician, place the woman 

4 in danger of death unless an abortion is performed. 

5 (b) Nothing in the preceding section shall be construed 

6 as prohibiting the expenditure by a State, locality, entity, 

7 or private person of State, local, or private funds (other 

8 than a State’s or locality’s contribution of Medicaid match9 ing funds). 

10 (c) Nothing in the preceding section shall be construed 

11 as restricting the ability of any managed care provider 

12 from offering abortion coverage or the ability of a State or 

13 locality to contract separately with such a provider for such 

14 coverage with State funds (other than a State’s or locality’s 

15 contribution of Medicaid matching funds). 

16 (d)(1) None of the funds made available in this Act 

17 may be made available to a Federal agency or program, 

18 or to a State or local government, if such agency, program, 

19 or government subjects any institutional or individual 

20 health care entity to discrimination on the basis that the 

21 health care entity does not provide, pay for, provide cov22 erage of, or refer for abortions. 

23 (2) In this subsection, the term ‘‘health care entity’’ 

24 includes an individual physician or other health care pro25 fessional, a hospital, a provider-sponsored organization, a 
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•HR 2029 EAH 

1 health maintenance organization, a health insurance plan, 

2 or any other kind of health care facility, organization, or 

3 plan. 

4 SEC. 508. (a) None of the funds made available in this 

5 Act may be used for— 

6 (1) the creation of a human embryo or embryos 

7 for research purposes; or 

8 (2) research in which a human embryo or em9 bryos are destroyed, discarded, or knowingly subjected 

10 to risk of injury or death greater than that allowed 

11 for research on fetuses in utero under 45 CFR 

12 46.204(b) and section 498(b) of the Public Health 

13 Service Act (42 U.S.C. 289g(b)). 

14 (b) For purposes of this section, the term ‘‘human em15 bryo or embryos’’ includes any organism, not protected as 

16 a human subject under 45 CFR 46 as of the date of the 

17 enactment of this Act, that is derived by fertilization, par18 thenogenesis, cloning, or any other means from one or more 

19 human gametes or human diploid cells. 

20 SEC. 509. (a) None of the funds made available in this 

21 Act may be used for any activity that promotes the legaliza22 tion of any drug or other substance included in schedule 

23 I of the schedules of controlled substances established under 

24 section 202 of the Controlled Substances Act except for nor-
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1 mal and recognized executive-congressional communica2 tions. 

3 (b) The limitation in subsection (a) shall not apply 

4 when there is significant medical evidence of a therapeutic 

5 advantage to the use of such drug or other substance or that 

6 federally sponsored clinical trials are being conducted to de7 termine therapeutic advantage. 

8 SEC. 510. None of the funds made available in this 

9 Act may be used to promulgate or adopt any final standard 

10 under section 1173(b) of the Social Security Act providing 

11 for, or providing for the assignment of, a unique health 

12 identifier for an individual (except in an individual’s ca13 pacity as an employer or a health care provider), until leg14 islation is enacted specifically approving the standard. 

15 SEC. 511. None of the funds made available in this 

16 Act may be obligated or expended to enter into or renew 

17 a contract with an entity if— 

18 (1) such entity is otherwise a contractor with the 

19 United States and is subject to the requirement in 38 

20 U.S.C. 4212(d) regarding submission of an annual 

21 report to the Secretary of Labor concerning employ22 ment of certain veterans; and 

23 (2) such entity has not submitted a report as re24 quired by that section for the most recent year for 

25 which such requirement was applicable to such entity. 
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1 SEC. 512. None of the funds made available in this 

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government, except pur4 suant to a transfer made by, or transfer authority provided 

5 in, this Act or any other appropriation Act. 

6 SEC. 513. None of the funds made available by this 

7 Act to carry out the Library Services and Technology Act 

8 may be made available to any library covered by paragraph 

9 (1) of section 224(f) of such Act, as amended by the Chil10 dren’s Internet Protection Act, unless such library has made 

11 the certifications required by paragraph (4) of such section. 

12 SEC. 514. (a) None of the funds provided under this 

13 Act, or provided under previous appropriations Acts to the 

14 agencies funded by this Act that remain available for obli15 gation or expenditure in fiscal year 2016, or provided from 

16 any accounts in the Treasury of the United States derived 

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

18 this Act, shall be available for obligation or expenditure 

19 through a reprogramming of funds that— 

20 (1) creates new programs; 

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

22 (3) increases funds or personnel by any means 

23 for any project or activity for which funds have been 

24 denied or restricted; 

25 (4) relocates an office or employees; 
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1 (5) reorganizes or renames offices; 

2 (6) reorganizes programs or activities; or 

3 (7) contracts out or privatizes any functions or 

4 activities presently performed by Federal employees; 

5 unless the Committees on Appropriations of the House of 

6 Representatives and the Senate are consulted 15 days in 

7 advance of such reprogramming or of an announcement of 

8 intent relating to such reprogramming, whichever occurs 

9 earlier, and are notified in writing 10 days in advance of 

10 such reprogramming. 

11 (b) None of the funds provided under this Act, or pro12 vided under previous appropriations Acts to the agencies 

13 funded by this Act that remain available for obligation or 

14 expenditure in fiscal year 2016, or provided from any ac15 counts in the Treasury of the United States derived by the 

16 collection of fees available to the agencies funded by this 

17 Act, shall be available for obligation or expenditure through 

18 a reprogramming of funds in excess of $500,000 or 10 per19 cent, whichever is less, that— 

20 (1) augments existing programs, projects (in21 cluding construction projects), or activities; 

22 (2) reduces by 10 percent funding for any exist23 ing program, project, or activity, or numbers of per24 sonnel by 10 percent as approved by Congress; or 
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1 (3) results from any general savings from a re2 duction in personnel which would result in a change 

3 in existing programs, activities, or projects as ap4 proved by Congress; 

5 unless the Committees on Appropriations of the House of 

6 Representatives and the Senate are consulted 15 days in 

7 advance of such reprogramming or of an announcement of 

8 intent relating to such reprogramming, whichever occurs 

9 earlier, and are notified in writing 10 days in advance of 

10 such reprogramming. 

11 SEC. 515. (a) None of the funds made available in this 

12 Act may be used to request that a candidate for appoint13 ment to a Federal scientific advisory committee disclose the 

14 political affiliation or voting history of the candidate or 

15 the position that the candidate holds with respect to polit16 ical issues not directly related to and necessary for the work 

17 of the committee involved. 

18 (b) None of the funds made available in this Act may 

19 be used to disseminate information that is deliberately false 

20 or misleading. 

21 SEC. 516. Within 45 days of enactment of this Act, 

22 each department and related agency funded through this 

23 Act shall submit an operating plan that details at the pro24 gram, project, and activity level any funding allocations 

25 for fiscal year 2016 that are different than those specified 
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1 in this Act, the accompanying detailed table in the explana2 tory statement described in section 4 (in the matter pre3 ceding division A of this consolidated Act), or the fiscal year 

4 2016 budget request. 

5 SEC. 517. The Secretaries of Labor, Health and 

6 Human Services, and Education shall each prepare and 

7 submit to the Committees on Appropriations of the House 

8 of Representatives and the Senate a report on the number 

9 and amount of contracts, grants, and cooperative agree10 ments exceeding $500,000 in value and awarded by the De11 partment on a non-competitive basis during each quarter 

12 of fiscal year 2016, but not to include grants awarded on 

13 a formula basis or directed by law. Such report shall in14 clude the name of the contractor or grantee, the amount of 

15 funding, the governmental purpose, including a justifica16 tion for issuing the award on a non-competitive basis. Such 

17 report shall be transmitted to the Committees within 30 

18 days after the end of the quarter for which the report is 

19 submitted. 

20 SEC. 518. None of the funds appropriated in this Act 

21 shall be expended or obligated by the Commissioner of So22 cial Security, for purposes of administering Social Security 

23 benefit payments under title II of the Social Security Act, 

24 to process any claim for credit for a quarter of coverage 

25 based on work performed under a social security account 
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1 number that is not the claimant’s number and the perform2 ance of such work under such number has formed the basis 

3 for a conviction of the claimant of a violation of section 

4 208(a)(6) or (7) of the Social Security Act. 

5 SEC. 519. None of the funds appropriated by this Act 

6 may be used by the Commissioner of Social Security or the 

7 Social Security Administration to pay the compensation of 

8 employees of the Social Security Administration to admin9 ister Social Security benefit payments, under any agree10 ment between the United States and Mexico establishing to11 talization arrangements between the social security system 

12 established by title II of the Social Security Act and the 

13 social security system of Mexico, which would not otherwise 

14 be payable but for such agreement. 

15 SEC. 520. Notwithstanding any other provision of this 

16 Act, no funds appropriated in this Act shall be used to pur17 chase sterile needles or syringes for the hypodermic injection 

18 of any illegal drug: Provided, That such limitation does not 

19 apply to the use of funds for elements of a program other 

20 than making such purchases if the relevant State or local 

21 health department, in consultation with the Centers for Dis22 ease Control and Prevention, determines that the State or 

23 local jurisdiction, as applicable, is experiencing, or is at 

24 risk for, a significant increase in hepatitis infections or an 
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•HR 2029 EAH 

1 HIV outbreak due to injection drug use, and such program 

2 is operating in accordance with State and local law. 

3 SEC. 521. (a) None of the funds made available in this 

4 Act may be used to maintain or establish a computer net5 work unless such network blocks the viewing, downloading, 

6 and exchanging of pornography. 

7 (b) Nothing in subsection (a) shall limit the use of 

8 funds necessary for any Federal, State, tribal, or local law 

9 enforcement agency or any other entity carrying out crimi10 nal investigations, prosecution, or adjudication activities. 

11 SEC. 522. None of the funds made available under this 

12 or any other Act, or any prior Appropriations Act, may 

13 be provided to the Association of Community Organizations 

14 for Reform Now (ACORN), or any of its affiliates, subsidi15 aries, allied organizations, or successors. 

16 SEC. 523. For purposes of carrying out Executive 

17 Order 13589, Office of Management and Budget Memo18 randum M–12–12 dated May 11, 2012, and requirements 

19 contained in the annual appropriations bills relating to 

20 conference attendance and expenditures: 

21 (1) the operating divisions of HHS shall be con22 sidered independent agencies; and 

23 (2) attendance at and support for scientific con24 ferences shall be tabulated separately from and not 

25 included in agency totals. 
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1 SEC. 524. Federal agencies funded under this Act shall 

2 clearly state within the text, audio, or video used for adver3 tising or educational purposes, including emails or Internet 

4 postings, that the communication is printed, published, or 

5 produced and disseminated at U.S. taxpayer expense. The 

6 funds used by a Federal agency to carry out this require7 ment shall be derived from amounts made available to the 

8 agency for advertising or other communications regarding 

9 the programs and activities of the agency. 

10 SEC. 525. (a) Federal agencies may use Federal discre11 tionary funds that are made available in this Act to carry 

12 out up to 10 Performance Partnership Pilots. Such Pilots 

13 shall— 

14 (1) be designed to improve outcomes for discon15 nected youth; 

16 (2) include communities that have recently expe17 rienced civil unrest; and 

18 (3) involve Federal programs targeted on discon19 nected youth, or designed to prevent youth from dis20 connecting from school or work, that provide edu21 cation, training, employment, and other related social 

22 services. Such Pilots shall be governed by the provi23 sions of section 526 of division H of Public Law 113– 

24 76, except that in carrying out such Pilots section 526 

25 shall be applied by substituting ‘‘FISCAL YEAR 2016’’ 
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•HR 2029 EAH 

1 for ‘‘FISCAL YEAR 2014’’ in the title of subsection (b) 

2 and by substituting ‘‘September 30, 2020’’ for ‘‘Sep3 tember 30, 2018’’ each place it appears. 

4 (b) In addition, Federal agencies may use Federal dis5 cretionary funds that are made available in this Act to par6 ticipate in Performance Partnership Pilots that are being 

7 carried out pursuant to the authority provided by section 

8 526 of division H of Public Law 113–76, and section 524 

9 of division G of Public Law 113–235: Provided, That new 

10 pilots that are being carried out with discretionary funds 

11 made available in division G of Public Law 113–235 shall 

12 include communities that have recently experienced civil 

13 unrest. 

14 SEC. 526. Not later than 30 days after the end of each 

15 calendar quarter, beginning with the first quarter of fiscal 

16 year 2013, the Departments of Labor, Health and Human 

17 Services and Education and the Social Security Adminis18 tration shall provide the Committees on Appropriations of 

19 the House of Representatives and Senate a quarterly report 

20 on the status of balances of appropriations: Provided, That 

21 for balances that are unobligated and uncommitted, com22 mitted, and obligated but unexpended, the quarterly reports 

23 shall separately identify the amounts attributable to each 

24 source year of appropriation (beginning with fiscal year 
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1 2012, or, to the extent feasible, earlier fiscal years) from 

2 which balances were derived. 

3 SEC. 527. Section 2812(d)(2) of the Public Health 

4 Service Act (42 U.S.C. 300hh–11(d)(2)) is amended— 

5 (1) by redesignating the three sentences as sub6 paragraphs (A), (B), and (C), respectively, and in7 denting accordingly; 

8 (2) in subparagraph (A), as so redesignated, by 

9 striking ‘‘An’’ and inserting ‘‘IN GENERAL.—An’’; 

10 (3) in subparagraph (B), as so redesignated, by 

11 striking ‘‘With’’ and inserting ‘‘APPLICATION TO

12 TRAINING PROGRAMS.—With’’; 

13 (4) in subparagraph (C), as so redesignated, by 

14 striking ‘‘In’’ and inserting ‘‘RESPONSIBILITY OF

15 LABOR SECRETARY.—In’’; and 

16 (5) by adding at the end the following new sub17 paragraphs: 

18 ‘‘(D) COMPUTATION OF PAY.—In the event 

19 of an injury to such an intermittent disaster re20 sponse appointee, the position of the employee 

21 shall be deemed to be ‘one which would have af22 forded employment for substantially a whole 

23 year’, for purposes of section 8114(d)(2) of such 

24 title. 
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•HR 2029 EAH 

1 ‘‘(E) CONTINUATION OF PAY.—The weekly 

2 pay of such an employee shall be deemed to be 

3 the hourly pay in effect on the date of the injury 

4 multiplied by 40, for purposes of computing ben5 efits under section 8118 of such title.’’. 

6 (RESCISSION)

7 SEC. 528. Of the funds made available for fiscal year 

8 2016 under section 3403 of Public Law 111–148, 

9 $15,000,000 are rescinded. 

10 SEC. 529. Amounts deposited or available in the Child 

11 Enrollment Contingency Fund from appropriations to the 

12 Fund under section 2104(n)(2)(A)(i) of the Social Security 

13 Act and the income derived from investment of those funds 

14 pursuant to 2104(n)(2)(C) of that Act, shall not be available 

15 for obligation in this fiscal year. 

16 (RESCISSION)

17 SEC. 530. Of any available amounts appropriated 

18 under section 108 of Public Law 111–3, as amended, 

19 $4,678,500,000 are hereby rescinded. 

20 This division may be cited as the ‘‘Departments of 

21 Labor, Health and Human Services, and Education, and 

22 Related Agencies Appropriations Act, 2016’’. 
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1 DIVISION I—LEGISLATIVE BRANCH 

2 APPROPRIATIONS ACT, 2016 

3 TITLE I 

4 LEGISLATIVE BRANCH 

5 SENATE 

6 EXPENSE ALLOWANCES

7 For expense allowances of the Vice President, $18,760; 

8 the President Pro Tempore of the Senate, $37,520; Majority 

9 Leader of the Senate, $39,920; Minority Leader of the Sen10 ate, $39,920; Majority Whip of the Senate, $9,980; Minority 

11 Whip of the Senate, $9,980; Chairmen of the Majority and 

12 Minority Conference Committees, $4,690 for each Chair13 man; and Chairmen of the Majority and Minority Policy 

14 Committees, $4,690 for each Chairman; in all, $174,840. 

15 REPRESENTATION ALLOWANCES FOR THE MAJORITY AND

16 MINORITY LEADERS

17 For representation allowances of the Majority and Mi18 nority Leaders of the Senate, $14,070 for each such Leader; 

19 in all, $28,140. 

20 SALARIES, OFFICERS AND EMPLOYEES

21 For compensation of officers, employees, and others as 

22 authorized by law, including agency contributions, 

23 $179,185,311, which shall be paid from this appropriation 

24 without regard to the following limitations: 
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1 OFFICE OF THE VICE PRESIDENT

2 For the Office of the Vice President, $2,417,248. 

3 OFFICE OF THE PRESIDENT PRO TEMPORE

4 For the Office of the President Pro Tempore, $723,466. 

5 OFFICES OF THE MAJORITY AND MINORITY LEADERS

6 For Offices of the Majority and Minority Leaders, 

7 $5,255,576. 

8 OFFICES OF THE MAJORITY AND MINORITY WHIPS

9 For Offices of the Majority and Minority Whips, 

10 $3,359,424. 

11 COMMITTEE ON APPROPRIATIONS

12 For salaries of the Committee on Appropriations, 

13 $15,142,000. 

14 CONFERENCE COMMITTEES

15 For the Conference of the Majority and the Conference 

16 of the Minority, at rates of compensation to be fixed by the 

17 Chairman of each such committee, $1,658,000 for each such 

18 committee; in all, $3,316,000. 

19 OFFICES OF THE SECRETARIES OF THE CONFERENCE OF

20 THE MAJORITY AND THE CONFERENCE OF THE MINORITY

21 For Offices of the Secretaries of the Conference of the 

22 Majority and the Conference of the Minority, $817,402. 
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•HR 2029 EAH 

1 POLICY COMMITTEES

2 For salaries of the Majority Policy Committee and the 

3 Minority Policy Committee, $1,692,905 for each such com4 mittee; in all, $3,385,810. 

5 OFFICE OF THE CHAPLAIN

6 For Office of the Chaplain, $436,886. 

7 OFFICE OF THE SECRETARY

8 For Office of the Secretary, $24,772,000. 

9 OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

10 For Office of the Sergeant at Arms and Doorkeeper, 

11 $69,000,000. 

12 OFFICES OF THE SECRETARIES FOR THE MAJORITY AND

13 MINORITY

14 For Offices of the Secretary for the Majority and the 

15 Secretary for the Minority, $1,762,000. 

16 AGENCY CONTRIBUTIONS AND RELATED EXPENSES

17 For agency contributions for employee benefits, as au18 thorized by law, and related expenses, $48,797,499. 

19 OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

20 For salaries and expenses of the Office of the Legisla21 tive Counsel of the Senate, $5,408,500. 

22 OFFICE OF SENATE LEGAL COUNSEL

23 For salaries and expenses of the Office of Senate Legal 

24 Counsel, $1,120,000. 
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•HR 2029 EAH 

1 EXPENSE ALLOWANCES OF THE SECRETARY OF THE SEN2 ATE, SERGEANT AT ARMS AND DOORKEEPER OF THE

3 SENATE, AND SECRETARIES FOR THE MAJORITY AND

4 MINORITY OF THE SENATE

5 For expense allowances of the Secretary of the Senate, 

6 $7,110; Sergeant at Arms and Doorkeeper of the Senate, 

7 $7,110; Secretary for the Majority of the Senate, $7,110; 

8 Secretary for the Minority of the Senate, $7,110; in all, 

9 $28,440. 

10 CONTINGENT EXPENSES OF THE SENATE

11 INQUIRIES AND INVESTIGATIONS

12 For expenses of inquiries and investigations ordered 

13 by the Senate, or conducted under paragraph 1 of rule 

14 XXVI of the Standing Rules of the Senate, section 112 of 

15 the Supplemental Appropriations and Rescission Act, 1980 

16 (Public Law 96–304), and Senate Resolution 281, 96th 

17 Congress, agreed to March 11, 1980, $133,265,000, of which 

18 $26,650,000 shall remain available until September 30, 

19 2018. 

20 EXPENSES OF THE UNITED STATES SENATE CAUCUS ON

21 INTERNATIONAL NARCOTICS CONTROL

22 For expenses of the United States Senate Caucus on 

23 International Narcotics Control, $508,000. 
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1 SECRETARY OF THE SENATE

2 For expenses of the Office of the Secretary of the Sen3 ate, $8,750,000 of which $4,350,000 shall remain available 

4 until September 30, 2020 and of which $2,500,000 shall re5 main available until expended. 

6 SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

7 For expenses of the Office of the Sergeant at Arms and 

8 Doorkeeper of the Senate, $130,000,000, which shall remain 

9 available until September 30, 2020. 

10 MISCELLANEOUS ITEMS

11 For miscellaneous items, $21,390,270 which shall re12 main available until September 30, 2018. 

13 SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE

14 ACCOUNT

15 For Senators’ Official Personnel and Office Expense 

16 Account, $390,000,000 of which $19,121,212 shall remain 

17 available until September 30, 2018. 

18 OFFICIAL MAIL COSTS

19 For expenses necessary for official mail costs of the 

20 Senate, $300,000. 
983 

•HR 2029 EAH 

1 ADMINISTRATIVE PROVISIONS

2 REQUIRING AMOUNTS REMAINING IN SENATORS’ OFFICIAL

3 PERSONNEL AND OFFICE EXPENSE ACCOUNT TO BE

4 USED FOR DEFICIT REDUCTION OR TO REDUCE THE

5 FEDERAL DEBT

6 SEC. 1. Notwithstanding any other provision of law, 

7 any amounts appropriated under this Act under the head8 ing ‘‘SENATE’’ under the heading ‘‘CONTINGENT EX9 PENSES OF THE SENATE’’ under the heading ‘‘SENATORS’ 

10 OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT’’ 

11 shall be available for obligation only during the fiscal year 

12 or fiscal years for which such amounts are made available. 

13 Any unexpended balances under such allowances remaining 

14 after the end of the period of availability shall be returned 

15 to the Treasury in accordance with the undesignated para16 graph under the center heading ‘‘GENERAL PROVISION’’ 

17 under chapter XI of the Third Supplemental Appropriation 

18 Act, 1957 (2 U.S.C. 4107) and used for deficit reduction 

19 (or, if there is no Federal budget deficit after all such pay20 ments have been made, for reducing the Federal debt, in 

21 such manner as the Secretary of the Treasury considers ap22 propriate). 

23 AUTHORITY FOR TRANSFER OF FUNDS

24 SEC. 2. Section 1 of the Legislative Branch Appropria25 tions Act, 1991 (2 U.S.C. 6153) is amended— 
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1 (1) by redesignating subsections (c) and (d) as 

2 subsections (d) and (e), respectively; 

3 (2) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c)(1) The Chaplain of the Senate may, during any 

6 fiscal year, at the election of the Chaplain of the Senate, 

7 transfer funds from the appropriation account for salaries 

8 for the Office of the Chaplain of the Senate to the account, 

9 within the contingent fund of the Senate, from which ex10 penses are payable for the Office of the Chaplain. 

11 ‘‘(2) The Chaplain of the Senate may, during any fis12 cal year, at the election of the Chaplain of the Senate, trans13 fer funds from the appropriation account for expenses, with14 in the contingent fund of the Senate, for the Office of the 

15 Chaplain to the account from which salaries are payable 

16 for the Office of the Chaplain of the Senate.’’; 

17 (3) in subsection (d), as so redesignated— 

18 (A) in paragraph (1), by inserting ‘‘or the 

19 Office of the Chaplain of the Senate, as the case 

20 may be,’’ after ‘‘such committee’’ each place it 

21 appears; and 

22 (B) in paragraph (2), by inserting ‘‘or the 

23 Chaplain of the Senate, as the case may be,’’ 

24 after ‘‘the Chairman’’; and 
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•HR 2029 EAH 

1 (4) in subsection (e), as so redesignated, by in2 serting ‘‘or the Chaplain of the Senate, as the case 

3 may be,’’ after ‘‘The Chairman of a committee’’. 

4 HOUSE OF REPRESENTATIVES 

5 SALARIES AND EXPENSES

6 For salaries and expenses of the House of Representa7 tives, $1,180,736,000, as follows: 

8 HOUSE LEADERSHIP OFFICES

9 For salaries and expenses, as authorized by law, 

10 $22,278,891, including: Office of the Speaker, $6,645,417, 

11 including $25,000 for official expenses of the Speaker; Office 

12 of the Majority Floor Leader, $2,180,048, including $10,000 

13 for official expenses of the Majority Leader; Office of the 

14 Minority Floor Leader, $7,114,471, including $10,000 for 

15 official expenses of the Minority Leader; Office of the Major16 ity Whip, including the Chief Deputy Majority Whip, 

17 $1,886,632, including $5,000 for official expenses of the Ma18 jority Whip; Office of the Minority Whip, including the 

19 Chief Deputy Minority Whip, $1,459,639, including $5,000 

20 for official expenses of the Minority Whip; Republican Con21 ference, $1,505,426; Democratic Caucus, $1,487,258: Pro22 vided, That such amount for salaries and expenses shall re23 main available from January 3, 2016 until January 2, 

24 2017. 
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1 MEMBERS’ REPRESENTATIONAL ALLOWANCES

2 INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES

3 OF MEMBERS, AND OFFICIAL MAIL

4 For Members’ representational allowances, including 

5 Members’ clerk hire, official expenses, and official mail, 

6 $554,317,732. 

7 COMMITTEE EMPLOYEES

8 STANDING COMMITTEES, SPECIAL AND SELECT

9 For salaries and expenses of standing committees, spe10 cial and select, authorized by House resolutions, 

11 $123,903,173: Provided, That such amount shall remain 

12 available for such salaries and expenses until December 31, 

13 2016. 

14 COMMITTEE ON APPROPRIATIONS

15 For salaries and expenses of the Committee on Appro16 priations, $23,271,004, including studies and examinations 

17 of executive agencies and temporary personal services for 

18 such committee, to be expended in accordance with section 

19 202(b) of the Legislative Reorganization Act of 1946 and 

20 to be available for reimbursement to agencies for services 

21 performed: Provided, That such amount shall remain avail22 able for such salaries and expenses until December 31, 2016. 

23 SALARIES, OFFICERS AND EMPLOYEES

24 For compensation and expenses of officers and employ25 ees, as authorized by law, $178,531,768, including: for sala-
987 

•HR 2029 EAH 

1 ries and expenses of the Office of the Clerk, including the 

2 positions of the Chaplain and the Historian, and including 

3 not more than $25,000 for official representation and recep4 tion expenses, of which not more than $20,000 is for the 

5 Family Room and not more than $2,000 is for the Office 

6 of the Chaplain, $24,980,898; for salaries and expenses of 

7 the Office of the Sergeant at Arms, including the position 

8 of Superintendent of Garages and the Office of Emergency 

9 Management, and including not more than $3,000 for offi10 cial representation and reception expenses, $14,827,120 of 

11 which $4,784,229 shall remain available until expended; for 

12 salaries and expenses of the Office of the Chief Administra13 tive Officer including not more than $3,000 for official rep14 resentation and reception expenses, $117,165,000, of which 

15 $1,350,000 shall remain available until expended; for sala16 ries and expenses of the Office of the Inspector General, 

17 $4,741,809; for salaries and expenses of the Office of General 

18 Counsel, $1,413,450; for salaries and expenses of the Office 

19 of the Parliamentarian, including the Parliamentarian, 

20 $2,000 for preparing the Digest of Rules, and not more than 

21 $1,000 for official representation and reception expenses, 

22 $1,974,606; for salaries and expenses of the Office of the 

23 Law Revision Counsel of the House, $3,119,766; for salaries 

24 and expenses of the Office of the Legislative Counsel of the 

25 House, $8,352,975; for salaries and expenses of the Office 
988 

•HR 2029 EAH 

1 of Interparliamentary Affairs, $814,069; for other author2 ized employees, $1,142,075. 

3 ALLOWANCES AND EXPENSES

4 For allowances and expenses as authorized by House 

5 resolution or law, $278,433,432, including: supplies, mate6 rials, administrative costs and Federal tort claims, 

7 $3,625,236; official mail for committees, leadership offices, 

8 and administrative offices of the House, $190,486; Govern9 ment contributions for health, retirement, Social Security, 

10 and other applicable employee benefits, $251,629,425, to re11 main available until March 31, 2017; Business Continuity 

12 and Disaster Recovery, $16,217,008 of which $5,000,000 

13 shall remain available until expended; transition activities 

14 for new members and staff, $2,084,000, to remain available 

15 until expended; Wounded Warrior Program $2,500,000, to 

16 remain available until expended; Office of Congressional 

17 Ethics, $1,467,030; and miscellaneous items including pur18 chase, exchange, maintenance, repair and operation of 

19 House motor vehicles, interparliamentary receptions, and 

20 gratuities to heirs of deceased employees of the House, 

21 $720,247. 
989 

•HR 2029 EAH 

1 ADMINISTRATIVE PROVISIONS

2 REQUIRING AMOUNTS REMAINING IN MEMBERS’ REPRESEN3 TATIONAL ALLOWANCES TO BE USED FOR DEFICIT RE4 DUCTION OR TO REDUCE THE FEDERAL DEBT

5 SEC. 101. (a) Notwithstanding any other provision of 

6 law, any amounts appropriated under this Act for 

7 ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EX8 PENSES—MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ 

9 shall be available only for fiscal year 2016. Any amount 

10 remaining after all payments are made under such allow11 ances for fiscal year 2016 shall be deposited in the Treasury 

12 and used for deficit reduction (or, if there is no Federal 

13 budget deficit after all such payments have been made, for 

14 reducing the Federal debt, in such manner as the Secretary 

15 of the Treasury considers appropriate). 

16 (b) REGULATIONS.—The Committee on House Admin17 istration of the House of Representatives shall have author18 ity to prescribe regulations to carry out this section. 

19 (c) DEFINITION.—As used in this section, the term 

20 ‘‘Member of the House of Representatives’’ means a Rep21 resentative in, or a Delegate or Resident Commissioner to, 

22 the Congress. 

23 DELIVERY OF BILLS AND RESOLUTIONS

24 SEC. 102. None of the funds made available in this 

25 Act may be used to deliver a printed copy of a bill, joint 
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•HR 2029 EAH 

1 resolution, or resolution to the office of a Member of the 

2 House of Representatives (including a Delegate or Resident 

3 Commissioner to the Congress) unless the Member requests 

4 a copy. 

5 DELIVERY OF CONGRESSIONAL RECORD

6 SEC. 103. None of the funds made available by this 

7 Act may be used to deliver a printed copy of any version 

8 of the Congressional Record to the office of a Member of 

9 the House of Representatives (including a Delegate or Resi10 dent Commissioner to the Congress). 

11 LIMITATION ON AMOUNT AVAILABLE TO LEASE VEHICLES

12 SEC. 104. None of the funds made available in this 

13 Act may be used by the Chief Administrative Officer of the 

14 House of Representatives to make any payments from any 

15 Members’ Representational Allowance for the leasing of a 

16 vehicle, excluding mobile district offices, in an aggregate 

17 amount that exceeds $1,000 for the vehicle in any month. 

18 LIMITATION ON PRINTED COPIES OF U.S. CODE TO HOUSE

19 SEC. 105. None of the funds made available by this 

20 Act may be used to provide an aggregate number of more 

21 than 50 printed copies of any edition of the United States 

22 Code to all offices of the House of Representatives. 

23 DELIVERY OF REPORTS OF DISBURSEMENTS

24 SEC. 106. None of the funds made available by this 

25 Act may be used to deliver a printed copy of the report 
991 

•HR 2029 EAH 

1 of disbursements for the operations of the House of Rep2 resentatives under section 106 of the House of Representa3 tives Administrative Reform Technical Corrections Act (2 

4 U.S.C. 5535) to the office of a Member of the House of Rep5 resentatives (including a Delegate or Resident Commis6 sioner to the Congress). 

7 DELIVERY OF DAILY CALENDAR

8 SEC. 107. None of the funds made available by this 

9 Act may be used to deliver to the office of a Member of the 

10 House of Representatives (including a Delegate or Resident 

11 Commissioner to the Congress) a printed copy of the Daily 

12 Calendar of the House of Representatives which is prepared 

13 by the Clerk of the House of Representatives. 

14 DELIVERY OF CONGRESSIONAL PICTORIAL DIRECTORY

15 SEC. 108. None of the funds made available by this 

16 Act may be used to deliver a printed copy of the Congres17 sional Pictorial Directory to the office of a Member of the 

18 House of Representatives (including a Delegate or Resident 

19 Commissioner to the Congress). 

20 JOINT ITEMS 

21 For Joint Committees, as follows: 

22 JOINT ECONOMIC COMMITTEE

23 For salaries and expenses of the Joint Economic Com24 mittee, $4,203,000, to be disbursed by the Secretary of the 

25 Senate. 
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•HR 2029 EAH 

1 JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL

2 CEREMONIES OF 2017 

3 For salaries and expenses associated with conducting 

4 the inaugural ceremonies of the President and Vice Presi5 dent of the United States, January 20, 2017, in accordance 

6 with such program as may be adopted by the joint congres7 sional committee authorized to conduct the inaugural cere8 monies of 2017, $1,250,000 to be disbursed by the Secretary 

9 of the Senate and to remain available until September 30, 

10 2017: Provided, That funds made available under this head11 ing shall be available for payment, on a direct or reimburs12 able basis, whether incurred on, before, or after, October 1, 

13 2016: Provided further, That the compensation of any em14 ployee of the Committee on Rules and Administration of 

15 the Senate who has been designated to perform service with 

16 respect to the inaugural ceremonies of 2017 shall continue 

17 to be paid by the Committee on Rules and Administration, 

18 but the account from which such staff member is paid may 

19 be reimbursed for the services of the staff member out of 

20 funds made available under this heading: Provided further, 

21 That there are authorized to be paid from the appropria22 tions account for ‘‘Expenses of Inquiries and Investiga23 tions’’ of the Senate such sums as may be necessary, without 

24 fiscal year limitation, for agency contributions related to 
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•HR 2029 EAH 

1 the compensation of employees of the joint congressional 

2 committee. 

3 JOINT COMMITTEE ON TAXATION

4 For salaries and expenses of the Joint Committee on 

5 Taxation, $10,095,000, to be disbursed by the Chief Admin6 istrative Officer of the House of Representatives. 

7 For other joint items, as follows: 

8 OFFICE OF THE ATTENDING PHYSICIAN

9 For medical supplies, equipment, and contingent ex10 penses of the emergency rooms, and for the Attending Physi11 cian and his assistants, including: 

12 (1) an allowance of $2,175 per month to the At13 tending Physician; 

14 (2) an allowance of $1,300 per month to the Sen15 ior Medical Officer; 

16 (3) an allowance of $725 per month each to three 

17 medical officers while on duty in the Office of the At18 tending Physician; 

19 (4) an allowance of $725 per month to 2 assist20 ants and $580 per month each not to exceed 11 assist21 ants on the basis heretofore provided for such assist22 ants; and 

23 (5) $2,692,000 for reimbursement to the Depart24 ment of the Navy for expenses incurred for staff and 

25 equipment assigned to the Office of the Attending 
994 

•HR 2029 EAH 

1 Physician, which shall be advanced and credited to 

2 the applicable appropriation or appropriations from 

3 which such salaries, allowances, and other expenses 

4 are payable and shall be available for all the purposes 

5 thereof, $3,784,000, to be disbursed by the Chief Ad6 ministrative Officer of the House of Representatives. 

7 OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES

8 SALARIES AND EXPENSES

9 For salaries and expenses of the Office of Congressional 

10 Accessibility Services, $1,400,000, to be disbursed by the 

11 Secretary of the Senate. 

12 CAPITOL POLICE 

13 SALARIES

14 For salaries of employees of the Capitol Police, includ15 ing overtime, hazardous duty pay, and Government con16 tributions for health, retirement, social security, profes17 sional liability insurance, and other applicable employee 

18 benefits, $309,000,000 of which overtime shall not exceed 

19 $30,928,000 unless the Committee on Appropriations of the 

20 House and Senate are notified, to be disbursed by the Chief 

21 of the Capitol Police or his designee. 

22 GENERAL EXPENSES

23 For necessary expenses of the Capitol Police, including 

24 motor vehicles, communications and other equipment, secu25 rity equipment and installation, uniforms, weapons, sup-
995 

•HR 2029 EAH 

1 plies, materials, training, medical services, forensic services, 

2 stenographic services, personal and professional services, the 

3 employee assistance program, the awards program, postage, 

4 communication services, travel advances, relocation of in5 structor and liaison personnel for the Federal Law Enforce6 ment Training Center, and not more than $5,000 to be ex7 pended on the certification of the Chief of the Capitol Police 

8 in connection with official representation and reception ex9 penses, $66,000,000, to be disbursed by the Chief of the Cap10 itol Police or his designee: Provided, That, notwithstanding 

11 any other provision of law, the cost of basic training for 

12 the Capitol Police at the Federal Law Enforcement Train13 ing Center for fiscal year 2016 shall be paid by the Sec14 retary of Homeland Security from funds available to the 

15 Department of Homeland Security. 

16 ADMINISTRATIVE PROVISION

17 DEPOSIT OF REIMBURSEMENTS FOR LAW ENFORCEMENT

18 ASSISTANCE

19 SEC. 1001. (a) IN GENERAL.—Section 2802(a)(1) of 

20 the Supplemental Appropriations Act, 2001 (2 U.S.C. 

21 1905(a)(1)) is amended by striking ‘‘District of Columbia)’’ 

22 and inserting the following: ‘‘District of Columbia), and 

23 from any other source in the case of assistance provided 

24 in connection with an activity that was not sponsored by 

25 Congress’’. 
996 

•HR 2029 EAH 

1 (b) CONFORMING AMENDMENT.—Section 2802(a)(2) of 

2 such Act (2 U.S.C. 1905(a)(2)) is amended by striking ‘‘law 

3 enforcement assistance to any Federal, State, or local gov4 ernment agency (including any agency of the District of 

5 Columbia)’’ and inserting ‘‘any law enforcement assistance 

6 for which reimbursement described in paragraph (1) is 

7 made’’. 

8 (c) EFFECTIVE DATE.—The amendments made by this 

9 section shall only apply with respect to any reimbursement 

10 received before, on, or after the date of the enactment of the 

11 Act. 

12 OFFICE OF COMPLIANCE 

13 SALARIES AND EXPENSES

14 For salaries and expenses of the Office of Compliance, 

15 as authorized by section 305 of the Congressional Account16 ability Act of 1995 (2 U.S.C. 1385), $3,959,000, of which 

17 $450,000 shall remain available until September 30, 2017: 

18 Provided, That not more than $500 may be expended on 

19 the certification of the Executive Director of the Office of 

20 Compliance in connection with official representation and 

21 reception expenses. 

22 CONGRESSIONAL BUDGET OFFICE 

23 SALARIES AND EXPENSES

24 For salaries and expenses necessary for operation of 

25 the Congressional Budget Office, including not more than 
997 

•HR 2029 EAH 

1 $6,000 to be expended on the certification of the Director 

2 of the Congressional Budget Office in connection with offi3 cial representation and reception expenses, $46,500,000. 

4 ARCHITECT OF THE CAPITOL 

5 CAPITAL CONSTRUCTION AND OPERATIONS

6 For salaries for the Architect of the Capitol, and other 

7 personal services, at rates of pay provided by law; for all 

8 necessary expenses for surveys and studies, construction, op9 eration, and general and administrative support in connec10 tion with facilities and activities under the care of the Ar11 chitect of the Capitol including the Botanic Garden; elec12 trical substations of the Capitol, Senate and House office 

13 buildings, and other facilities under the jurisdiction of the 

14 Architect of the Capitol; including furnishings and office 

15 equipment; including not more than $5,000 for official re16 ception and representation expenses, to be expended as the 

17 Architect of the Capitol may approve; for purchase or ex18 change, maintenance, and operation of a passenger motor 

19 vehicle, $91,589,000. 

20 CAPITOL BUILDING

21 For all necessary expenses for the maintenance, care 

22 and operation of the Capitol, $46,737,000, of which 

23 $22,737,000 shall remain available until September 30, 

24 2020. 
998 

•HR 2029 EAH 

1 CAPITOL GROUNDS

2 For all necessary expenses for care and improvement 

3 of grounds surrounding the Capitol, the Senate and House 

4 office buildings, and the Capitol Power Plant, $11,880,000, 

5 of which $2,000,000 shall remain available until September 

6 30, 2020. 

7 SENATE OFFICE BUILDINGS

8 For all necessary expenses for the maintenance, care 

9 and operation of Senate office buildings; and furniture and 

10 furnishings to be expended under the control and super11 vision of the Architect of the Capitol, $84,221,000, of which 

12 $26,283,000 shall remain available until September 30, 

13 2020. 

14 HOUSE OFFICE BUILDINGS

15 For all necessary expenses for the maintenance, care 

16 and operation of the House office buildings, $174,962,000, 

17 of which $48,885,000 shall remain available until Sep18 tember 30, 2020, and of which $62,000,000 shall remain 

19 available until expended for the restoration and renovation 

20 of the Cannon House Office Building. 

21 In addition, for a payment to the House Historic 

22 Buildings Revitalization Trust Fund, $10,000,000, to re23 main available until expended. 
999 

•HR 2029 EAH 

1 CAPITOL POWER PLANT

2 For all necessary expenses for the maintenance, care 

3 and operation of the Capitol Power Plant; lighting, heating, 

4 power (including the purchase of electrical energy) and 

5 water and sewer services for the Capitol, Senate and House 

6 office buildings, Library of Congress buildings, and the 

7 grounds about the same, Botanic Garden, Senate garage, 

8 and air conditioning refrigeration not supplied from plants 

9 in any of such buildings; heating the Government Pub10 lishing Office and Washington City Post Office, and heating 

11 and chilled water for air conditioning for the Supreme 

12 Court Building, the Union Station complex, the Thurgood 

13 Marshall Federal Judiciary Building and the Folger Shake14 speare Library, expenses for which shall be advanced or re15 imbursed upon request of the Architect of the Capitol and 

16 amounts so received shall be deposited into the Treasury 

17 to the credit of this appropriation, $94,722,499, of which 

18 $17,581,499 shall remain available until September 30, 

19 2020: Provided, That not more than $9,000,000 of the funds 

20 credited or to be reimbursed to this appropriation as herein 

21 provided shall be available for obligation during fiscal year 

22 2016. 

23 LIBRARY BUILDINGS AND GROUNDS

24 For all necessary expenses for the mechanical and 

25 structural maintenance, care and operation of the Library 
1000 

•HR 2029 EAH 

1 buildings and grounds, $40,689,000, of which $15,746,000 

2 shall remain available until September 30, 2020. 

3 CAPITOL POLICE BUILDINGS, GROUNDS, AND SECURITY

4 For all necessary expenses for the maintenance, care 

5 and operation of buildings, grounds and security enhance6 ments of the United States Capitol Police, wherever located, 

7 the Alternate Computer Facility, and AOC security oper8 ations, $25,434,000, of which $7,901,000 shall remain 

9 available until September 30, 2020. 

10 BOTANIC GARDEN

11 For all necessary expenses for the maintenance, care 

12 and operation of the Botanic Garden and the nurseries, 

13 buildings, grounds, and collections; and purchase and ex14 change, maintenance, repair, and operation of a passenger 

15 motor vehicle; all under the direction of the Joint Com16 mittee on the Library, $12,113,000, of which $2,100,000 

17 shall remain available until September 30, 2020: Provided, 

18 That, of the amount made available under this heading, the 

19 Architect of the Capitol may obligate and expend such sums 

20 as may be necessary for the maintenance, care and oper21 ation of the National Garden established under section 

22 307E of the Legislative Branch Appropriations Act, 1989 

23 (2 U.S.C. 2146), upon vouchers approved by the Architect 

24 of the Capitol or a duly authorized designee. 
1001 

•HR 2029 EAH 

1 CAPITOL VISITOR CENTER

2 For all necessary expenses for the operation of the Cap3 itol Visitor Center, $20,557,000. 

4 ADMINISTRATIVE PROVISIONS

5 NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE OR

6 OVER BUDGET

7 SEC. 1101. None of the funds made available in this 

8 Act for the Architect of the Capitol may be used to make 

9 incentive or award payments to contractors for work on 

10 contracts or programs for which the contractor is behind 

11 schedule or over budget, unless the Architect of the Capitol, 

12 or agency-employed designee, determines that any such de13 viations are due to unforeseeable events, government-driven 

14 scope changes, or are not significant within the overall 

15 scope of the project and/or program. 

16 SCRIMS

17 SEC. 1102. None of the funds made available by this 

18 Act may be used for scrims containing photographs of 

19 building facades during restoration or construction projects 

20 performed by the Architect of the Capitol. 

21 ACQUISITION OF PARCEL AT FORT MEADE

22 SEC. 1103. (a) ACQUISITION.—The Architect of the 

23 Capitol is authorized to acquire from the Maryland State 

24 Highway Administration, at no cost to the United States, 

25 a parcel of real property (including improvements thereon) 
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1 consisting of approximately 7.34 acres located within the 

2 portion of Fort George G. Meade in Anne Arundel County, 

3 Maryland, that was transferred to the Architect of the Cap4 itol by the Secretary of the Army pursuant to section 122 

5 of the Military Construction Appropriations Act, 1994 (2 

6 U.S.C. 141 note). 

7 (b) TERMS AND CONDITIONS.—The terms and condi8 tions applicable under subsections (b) and (d) of section 122 

9 of the Military Construction Appropriations Act, 1994 (2 

10 U.S.C. 141 note) to the property acquired by the Architect 

11 of the Capitol pursuant to such section shall apply to the 

12 real property acquired by the Architect pursuant to the au13 thority of this section. 

14 LIBRARY OF CONGRESS 

15 SALARIES AND EXPENSES

16 For all necessary expenses of the Library of Congress 

17 not otherwise provided for, including development and 

18 maintenance of the Library’s catalogs; custody and custo19 dial care of the Library buildings; special clothing; clean20 ing, laundering and repair of uniforms; preservation of mo21 tion pictures in the custody of the Library; operation and 

22 maintenance of the American Folklife Center in the Li23 brary; preparation and distribution of catalog records and 

24 other publications of the Library; hire or purchase of one 

25 passenger motor vehicle; and expenses of the Library of Con-
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1 gress Trust Fund Board not properly chargeable to the in2 come of any trust fund held by the Board, $425,971,000, 

3 of which not more than $6,000,000 shall be derived from 

4 collections credited to this appropriation during fiscal year 

5 2016, and shall remain available until expended, under the 

6 Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 

7 150) and not more than $350,000 shall be derived from col8 lections during fiscal year 2016 and shall remain available 

9 until expended for the development and maintenance of an 

10 international legal information database and activities re11 lated thereto: Provided, That the Library of Congress may 

12 not obligate or expend any funds derived from collections 

13 under the Act of June 28, 1902, in excess of the amount 

14 authorized for obligation or expenditure in appropriations 

15 Acts: Provided further, That the total amount available for 

16 obligation shall be reduced by the amount by which collec17 tions are less than $6,350,000: Provided further, That, of 

18 the total amount appropriated, not more than $12,000 may 

19 be expended, on the certification of the Librarian of Con20 gress, in connection with official representation and recep21 tion expenses for the Overseas Field Offices: Provided fur22 ther, That of the total amount appropriated, $8,231,000 

23 shall remain available until expended for the digital collec24 tions and educational curricula program: Provided further, 

25 That, of the total amount appropriated, $1,300,000 shall 
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1 remain available until expended for upgrade of the Legisla2 tive Branch Financial Management System. 

3 COPYRIGHT OFFICE

4 SALARIES AND EXPENSES

5 For all necessary expenses of the Copyright Office, 

6 $58,875,000, of which not more than $30,000,000, to re7 main available until expended, shall be derived from collec8 tions credited to this appropriation during fiscal year 2016 

9 under section 708(d) of title 17, United States Code: Pro10 vided, That the Copyright Office may not obligate or expend 

11 any funds derived from collections under such section, in 

12 excess of the amount authorized for obligation or expendi13 ture in appropriations Acts: Provided further, That not 

14 more than $5,777,000 shall be derived from collections dur15 ing fiscal year 2016 under sections 111(d)(2), 119(b)(3), 

16 803(e), 1005, and 1316 of such title: Provided further, That 

17 the total amount available for obligation shall be reduced 

18 by the amount by which collections are less than 

19 $35,777,000: Provided further, That not more than 

20 $100,000 of the amount appropriated is available for the 

21 maintenance of an ‘‘International Copyright Institute’’ in 

22 the Copyright Office of the Library of Congress for the pur23 pose of training nationals of developing countries in intel24 lectual property laws and policies: Provided further, That 

25 not more than $6,500 may be expended, on the certification 
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1 of the Librarian of Congress, in connection with official 

2 representation and reception expenses for activities of the 

3 International Copyright Institute and for copyright delega4 tions, visitors, and seminars: Provided further, That, not5 withstanding any provision of chapter 8 of title 17, United 

6 States Code, any amounts made available under this head7 ing which are attributable to royalty fees and payments re8 ceived by the Copyright Office pursuant to sections 111, 

9 119, and chapter 10 of such title may be used for the costs 

10 incurred in the administration of the Copyright Royalty 

11 Judges program, with the exception of the costs of salaries 

12 and benefits for the Copyright Royalty Judges and staff 

13 under section 802(e). 

14 CONGRESSIONAL RESEARCH SERVICE

15 SALARIES AND EXPENSES

16 For all necessary expenses to carry out the provisions 

17 of section 203 of the Legislative Reorganization Act of 1946 

18 (2 U.S.C. 166) and to revise and extend the Annotated Con19 stitution of the United States of America, $106,945,000: 

20 Provided, That no part of such amount may be used to pay 

21 any salary or expense in connection with any publication, 

22 or preparation of material therefor (except the Digest of 

23 Public General Bills), to be issued by the Library of Con24 gress unless such publication has obtained prior approval 

25 of either the Committee on House Administration of the 
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1 House of Representatives or the Committee on Rules and 

2 Administration of the Senate. 

3 BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

4 SALARIES AND EXPENSES

5 For all necessary expenses to carry out the Act of 

6 March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), 

7 $50,248,000: Provided, That of the total amount appro8 priated, $650,000 shall be available to contract to provide 

9 newspapers to blind and physically handicapped residents 

10 at no cost to the individual. 

11 ADMINISTRATIVE PROVISIONS

12 REIMBURSABLE AND REVOLVING FUND ACTIVITIES

13 SEC. 1201. (a) IN GENERAL.—For fiscal year 2016, 

14 the obligational authority of the Library of Congress for the 

15 activities described in subsection (b) may not exceed 

16 $186,015,000. 

17 (b) ACTIVITIES.—The activities referred to in sub18 section (a) are reimbursable and revolving fund activities 

19 that are funded from sources other than appropriations to 

20 the Library in appropriations Acts for the legislative 

21 branch. 

22 LIBRARIAN OF CONGRESS EMERITUS

23 SEC. 1202. (a) DESIGNATION OF JAMES BILLINGTON

24 AS LIBRARIAN OF CONGRESS EMERITUS.—As an honorary 

25 designation, James H. Billington, upon leaving service as 
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1 the Librarian of Congress, may be known as the Librarian 

2 of Congress Emeritus. 

3 (b) NO APPOINTMENT TO GOVERNMENT SERVICE; 

4 AVAILABILITY OF INCIDENTAL SUPPORT.—The honorary 

5 designation under this section does not constitute an ap6 pointment to a position in the Federal Government under 

7 title 5, United States Code. Notwithstanding the previous 

8 sentence, in connection with his activities as Librarian of 

9 Congress Emeritus, James H. Billington may receive inci10 dental administrative and clerical support through the Li11 brary of Congress. 

12 GOVERNMENT PUBLISHING OFFICE 

13 CONGRESSIONAL PUBLISHING

14 (INCLUDING TRANSFER OF FUNDS)

15 For authorized publishing of congressional informa16 tion and the distribution of congressional information in 

17 any format; expenses necessary for preparing the semi18 monthly and session index to the Congressional Record, as 

19 authorized by law (section 902 of title 44, United States 

20 Code); publishing of Government publications authorized by 

21 law to be distributed to Members of Congress; and pub22 lishing, and distribution of Government publications au23 thorized by law to be distributed without charge to the re24 cipient, $79,736,000: Provided, That this appropriation 

25 shall not be available for paper copies of the permanent edi-
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1 tion of the Congressional Record for individual Representa2 tives, Resident Commissioners or Delegates authorized 

3 under section 906 of title 44, United States Code: Provided 

4 further, That this appropriation shall be available for the 

5 payment of obligations incurred under the appropriations 

6 for similar purposes for preceding fiscal years: Provided 

7 further, That notwithstanding the 2-year limitation under 

8 section 718 of title 44, United States Code, none of the funds 

9 appropriated or made available under this Act or any other 

10 Act for printing and binding and related services provided 

11 to Congress under chapter 7 of title 44, United States Code, 

12 may be expended to print a document, report, or publica13 tion after the 27-month period beginning on the date that 

14 such document, report, or publication is authorized by Con15 gress to be printed, unless Congress reauthorizes such print16 ing in accordance with section 718 of title 44, United States 

17 Code: Provided further, That any unobligated or unex18 pended balances in this account or accounts for similar 

19 purposes for preceding fiscal years may be transferred to 

20 the Government Publishing Office Business Operations Re21 volving Fund for carrying out the purposes of this heading, 

22 subject to the approval of the Committees on Appropriations 

23 of the House of Representatives and Senate: Provided fur24 ther, That notwithstanding sections 901, 902, and 906 of 

25 title 44, United States Code, this appropriation may be 
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1 used to prepare indexes to the Congressional Record on only 

2 a monthly and session basis. 

3 PUBLIC INFORMATION PROGRAMS OF THE

4 SUPERINTENDENT OF DOCUMENTS

5 SALARIES AND EXPENSES

6 (INCLUDING TRANSFER OF FUNDS)

7 For expenses of the public information programs of the 

8 Office of Superintendent of Documents necessary to provide 

9 for the cataloging and indexing of Government publications 

10 and their distribution to the public, Members of Congress, 

11 other Government agencies, and designated depository and 

12 international exchange libraries as authorized by law, 

13 $30,500,000: Provided, That amounts of not more than 

14 $2,000,000 from current year appropriations are author15 ized for producing and disseminating Congressional serial 

16 sets and other related publications for fiscal years 2014 and 

17 2015 to depository and other designated libraries: Provided 

18 further, That any unobligated or unexpended balances in 

19 this account or accounts for similar purposes for preceding 

20 fiscal years may be transferred to the Government Pub21 lishing Office Business Operations Revolving Fund for car22 rying out the purposes of this heading, subject to the ap23 proval of the Committees on Appropriations of the House 

24 of Representatives and Senate. 
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1 GOVERNMENT PUBLISHING OFFICE BUSINESS

2 OPERATIONS REVOLVING FUND

3 For payment to the Government Publishing Office 

4 Business Operations Revolving Fund, $6,832,000, to re5 main available until expended, for information technology 

6 development and facilities repair: Provided, That the Gov7 ernment Publishing Office is hereby authorized to make 

8 such expenditures, within the limits of funds available and 

9 in accordance with law, and to make such contracts and 

10 commitments without regard to fiscal year limitations as 

11 provided by section 9104 of title 31, United States Code, 

12 as may be necessary in carrying out the programs and pur13 poses set forth in the budget for the current fiscal year for 

14 the Government Publishing Office Business Operations Re15 volving Fund: Provided further, That not more than $7,500 

16 may be expended on the certification of the Director of the 

17 Government Publishing Office in connection with official 

18 representation and reception expenses: Provided further, 

19 That the business operations revolving fund shall be avail20 able for the hire or purchase of not more than 12 passenger 

21 motor vehicles: Provided further, That expenditures in con22 nection with travel expenses of the advisory councils to the 

23 Director of the Government Publishing Office shall be 

24 deemed necessary to carry out the provisions of title 44, 

25 United States Code: Provided further, That the business op-
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1 erations revolving fund shall be available for temporary or 

2 intermittent services under section 3109(b) of title 5, United 

3 States Code, but at rates for individuals not more than the 

4 daily equivalent of the annual rate of basic pay for level 

5 V of the Executive Schedule under section 5316 of such title: 

6 Provided further, That activities financed through the busi7 ness operations revolving fund may provide information in 

8 any format: Provided further, That the business operations 

9 revolving fund and the funds provided under the heading 

10 ‘‘Public Information Programs of the Superintendent of 

11 Documents’’ may not be used for contracted security serv12 ices at GPO’s passport facility in the District of Columbia. 

13 GOVERNMENT ACCOUNTABILITY OFFICE 

14 SALARIES AND EXPENSES

15 For necessary expenses of the Government Account16 ability Office, including not more than $12,500 to be ex17 pended on the certification of the Comptroller General of 

18 the United States in connection with official representation 

19 and reception expenses; temporary or intermittent services 

20 under section 3109(b) of title 5, United States Code, but 

21 at rates for individuals not more than the daily equivalent 

22 of the annual rate of basic pay for level IV of the Executive 

23 Schedule under section 5315 of such title; hire of one pas24 senger motor vehicle; advance payments in foreign countries 

25 in accordance with section 3324 of title 31, United States 
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1 Code; benefits comparable to those payable under sections 

2 901(5), (6), and (8) of the Foreign Service Act of 1980 (22 

3 U.S.C. 4081(5), (6), and (8)); and under regulations pre4 scribed by the Comptroller General of the United States, 

5 rental of living quarters in foreign countries, $531,000,000: 

6 Provided, That, in addition, $25,450,000 of payments re7 ceived under sections 782, 791, 3521, and 9105 of title 31, 

8 United States Code, shall be available without fiscal year 

9 limitation: Provided further, That this appropriation and 

10 appropriations for administrative expenses of any other de11 partment or agency which is a member of the National 

12 Intergovernmental Audit Forum or a Regional Intergovern13 mental Audit Forum shall be available to finance an appro14 priate share of either Forum’s costs as determined by the 

15 respective Forum, including necessary travel expenses of 

16 non-Federal participants: Provided further, That payments 

17 hereunder to the Forum may be credited as reimbursements 

18 to any appropriation from which costs involved are ini19 tially financed. 

20 ADMINISTRATIVE PROVISION

21 FEDERAL GOVERNMENT DETAILS

22 SEC. 1301. (a) PERMITTING DETAILS FROM OTHER

23 FEDERAL OFFICES.—Section 731 of title 31, United States 

24 Code, is amended by adding at the end the following new 

25 subsection: 
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1 ‘‘(k) FEDERAL GOVERNMENT DETAILS.—The activities 

2 of the Government Accountability Office may, in the reason3 able discretion of the Comptroller General, be carried out 

4 by receiving details of personnel from other offices of the 

5 Federal Government on a reimbursable, partially-reimburs6 able, or nonreimbursable basis.’’. 

7 (b) EFFECTIVE DATE.—The amendment made by sub8 section (a) shall apply with respect to fiscal year 2016 and 

9 each succeeding fiscal year. 

10 OPEN WORLD LEADERSHIP CENTER TRUST 

11 FUND 

12 For a payment to the Open World Leadership Center 

13 Trust Fund for financing activities of the Open World 

14 Leadership Center under section 313 of the Legislative 

15 Branch Appropriations Act, 2001 (2 U.S.C. 1151), 

16 $5,600,000: Provided, That funds made available to support 

17 Russian participants shall only be used for those engaging 

18 in free market development, humanitarian activities, and 

19 civic engagement, and shall not be used for officials of the 

20 central government of Russia. 

21 JOHN C. STENNIS CENTER FOR PUBLIC SERVICE 

22 TRAINING AND DEVELOPMENT 

23 For payment to the John C. Stennis Center for Public 

24 Service Development Trust Fund established under section 
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1 116 of the John C. Stennis Center for Public Service Train2 ing and Development Act (2 U.S.C. 1105), $430,000. 

3 TITLE II 

4 GENERAL PROVISIONS 

5 MAINTENANCE AND CARE OF PRIVATE VEHICLES

6 SEC. 201. No part of the funds appropriated in this 

7 Act shall be used for the maintenance or care of private 

8 vehicles, except for emergency assistance and cleaning as 

9 may be provided under regulations relating to parking fa10 cilities for the House of Representatives issued by the Com11 mittee on House Administration and for the Senate issued 

12 by the Committee on Rules and Administration. 

13 FISCAL YEAR LIMITATION

14 SEC. 202. No part of the funds appropriated in this 

15 Act shall remain available for obligation beyond fiscal year 

16 2016 unless expressly so provided in this Act. 

17 RATES OF COMPENSATION AND DESIGNATION

18 SEC. 203. Whenever in this Act any office or position 

19 not specifically established by the Legislative Pay Act of 

20 1929 (46 Stat. 32 et seq.) is appropriated for or the rate 

21 of compensation or designation of any office or position ap22 propriated for is different from that specifically established 

23 by such Act, the rate of compensation and the designation 

24 in this Act shall be the permanent law with respect thereto: 

25 Provided, That the provisions in this Act for the various 
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1 items of official expenses of Members, officers, and commit2 tees of the Senate and House of Representatives, and clerk 

3 hire for Senators and Members of the House of Representa4 tives shall be the permanent law with respect thereto. 

5 CONSULTING SERVICES

6 SEC. 204. The expenditure of any appropriation under 

7 this Act for any consulting service through procurement 

8 contract, under section 3109 of title 5, United States Code, 

9 shall be limited to those contracts where such expenditures 

10 are a matter of public record and available for public in11 spection, except where otherwise provided under existing 

12 law, or under existing Executive order issued under existing 

13 law. 

14 COSTS OF LBFMC

15 SEC. 205. Amounts available for administrative ex16 penses of any legislative branch entity which participates 

17 in the Legislative Branch Financial Managers Council 

18 (LBFMC) established by charter on March 26, 1996, shall 

19 be available to finance an appropriate share of LBFMC 

20 costs as determined by the LBFMC, except that the total 

21 LBFMC costs to be shared among all participating legisla22 tive branch entities (in such allocations among the entities 

23 as the entities may determine) may not exceed $2,000. 
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1 LANDSCAPE MAINTENANCE

2 SEC. 206. For fiscal year 2016 and each fiscal year 

3 thereafter, the Architect of the Capitol, in consultation with 

4 the District of Columbia, is authorized to maintain and im5 prove the landscape features, excluding streets, in Square 

6 580 up to the beginning of I–395. 

7 LIMITATION ON TRANSFERS

8 SEC. 207. None of the funds made available in this 

9 Act may be transferred to any department, agency, or in10 strumentality of the United States Government, except pur11 suant to a transfer made by, or transfer authority provided 

12 in, this Act or any other appropriation Act. 

13 GUIDED TOURS OF THE CAPITOL

14 SEC. 208. (a) Except as provided in subsection (b), 

15 none of the funds made available to the Architect of the Cap16 itol in this Act may be used to eliminate or restrict guided 

17 tours of the United States Capitol which are led by employ18 ees and interns of offices of Members of Congress and other 

19 offices of the House of Representatives and Senate. 

20 (b) At the direction of the Capitol Police Board, or 

21 at the direction of the Architect of the Capitol with the ap22 proval of the Capitol Police Board, guided tours of the 

23 United States Capitol which are led by employees and in24 terns described in subsection (a) may be suspended tempo25 rarily or otherwise subject to restriction for security or re-
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1 lated reasons to the same extent as guided tours of the 

2 United States Capitol which are led by the Architect of the 

3 Capitol. 

4 BATTERY RECHARGING STATIONS FOR PRIVATELY OWNED

5 VEHICLES IN PARKING AREAS UNDER THE JURISDIC6 TION OF THE LIBRARIAN OF CONGRESS AT NO NET

7 COST TO THE FEDERAL GOVERNMENT

8 SEC. 209. (a) DEFINITION.—In this section, the term 

9 ‘‘covered employee’’ means— 

10 (1) an employee of the Library of Congress; or 

11 (2) any other individual who is authorized to 

12 park in any parking area under the jurisdiction of 

13 the Library of Congress on the Library of Congress 

14 buildings and grounds. 

15 (b) AUTHORITY.— 

16 (1) IN GENERAL.—Subject to paragraph (3), 

17 funds appropriated to the Architect of the Capitol 

18 under the heading ‘‘Capitol Power Plant’’ under the 

19 heading ‘‘ARCHITECT OF THE CAPITOL’’ in any 

20 fiscal year are available to construct, operate, and 

21 maintain on a reimbursable basis battery recharging 

22 stations in parking areas under the jurisdiction of the 

23 Library of Congress on Library of Congress buildings 

24 and grounds for use by privately owned vehicles used 

25 by covered employees. 
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1 (2) VENDORS AUTHORIZED.—In carrying out 

2 paragraph (1), the Architect of the Capitol may use 

3 one or more vendors on a commission basis. 

4 (3) APPROVAL OF CONSTRUCTION.—The Archi5 tect of the Capitol may construct or direct the con6 struction of battery recharging stations described 

7 under paragraph (1) after— 

8 (A) submission of written notice detailing 

9 the numbers and locations of the battery re10 charging stations to the Joint Committee on the 

11 Library; and 

12 (B) approval by that Committee. 

13 (c) FEES AND CHARGES.— 

14 (1) IN GENERAL.—Subject to paragraph (2), the 

15 Architect of the Capitol shall charge fees or charges 

16 for electricity provided to covered employees sufficient 

17 to cover the costs to the Architect of the Capitol to 

18 carry out this section, including costs to any vendors 

19 or other costs associated with maintaining the battery 

20 charging stations. 

21 (2) APPROVAL OF FEES OR CHARGES.—The Ar22 chitect of the Capitol may establish and adjust fees or 

23 charges under paragraph (1) after— 

24 (A) submission of written notice detailing 

25 the amount of the fee or charge to be established 
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1 or adjusted to the Joint Committee on the Li2 brary; and 

3 (B) approval by that Committee. 

4 (d) DEPOSIT AND AVAILABILITY OF FEES, CHARGES, 

5 AND COMMISSIONS.—Any fees, charges, or commissions col6 lected by the Architect of the Capitol under this section shall 

7 be— 

8 (1) deposited in the Treasury to the credit of the 

9 appropriations account described under subsection 

10 (b); and 

11 (2) available for obligation without further ap12 propriation during the fiscal year collected. 

13 (e) REPORTS.— 

14 (1) IN GENERAL.—Not later than 30 days after 

15 the end of each fiscal year, the Architect of the Capitol 

16 shall submit a report on the financial administration 

17 and cost recovery of activities under this section with 

18 respect to that fiscal year to the Joint Committee on 

19 the Library and the Committees on Appropriations of 

20 the House of Representatives and Senate. 

21 (2) AVOIDING SUBSIDY.— 

22 (A) DETERMINATION.—Not later than 3 

23 years after the date of enactment of this Act and 

24 every 3 years thereafter, the Architect of the Cap25 itol shall submit a report to the Joint Committee 
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1 on the Library determining whether covered em2 ployees using battery charging stations as au3 thorized by this section are receiving a subsidy 

4 from the taxpayers. 

5 (B) MODIFICATION OF RATES AND FEES.— 

6 If a determination is made under subparagraph 

7 (A) that a subsidy is being received, the Architect 

8 of the Capitol shall submit a plan to the Joint 

9 Committee on the Library on how to update the 

10 program to ensure no subsidy is being received. 

11 If the Joint Committee does not act on the plan 

12 within 60 days, the Architect of the Capitol shall 

13 take appropriate steps to increase rates or fees to 

14 ensure reimbursement for the cost of the program 

15 consistent with an appropriate schedule for am16 ortization, to be charged to those using the charg17 ing stations. 

18 (f) EFFECTIVE DATE.—This section shall apply with 

19 respect to fiscal year 2016 and each fiscal year thereafter. 

20 SELF-CERTIFICATION OF PERFORMANCE APPRAISAL

21 SYSTEMS FOR SENIOR-LEVEL EMPLOYEES

22 SEC. 210. (a) SELF-CERTIFICATION BY LIBRARIAN OF

23 CONGRESS, ARCHITECT OF THE CAPITOL, AND DIRECTOR

24 OF GOVERNMENT PUBLISHING OFFICE.—Section 5307(d) of 

25 title 5, United States Code, is amended— 
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1 (1) in paragraph (1)(A), by striking ‘‘this title 

2 or section 332(f), 603, or 604 of title 28’’ and insert3 ing ‘‘this title, section 332(f), 603, or 604 of title 28, 

4 or section 108 of the Legislative Branch Appropria5 tions Act, 1991 (2 U.S.C. 1849)’’; and 

6 (2) by adding at the end the following new para7 graph: 

8 ‘‘(5)(A) Notwithstanding any provision of para9 graph (3), any regulations, certifications, or other 

10 measures necessary to carry out this subsection— 

11 ‘‘(i) with respect to employees of the Li12 brary of Congress shall be the responsibility of 

13 the Librarian of Congress; 

14 ‘‘(ii) with respect to employees of the Office 

15 of the Architect of the Capitol shall be the re16 sponsibility of the Architect of the Capitol; and 

17 ‘‘(iii) with respect to employees of the Gov18 ernment Publishing Office shall be the responsi19 bility of the Director of the Government Pub20 lishing Office. 

21 ‘‘(B) The regulations under this paragraph shall 

22 be consistent with those promulgated under para23 graph (3).’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by sub2 section (a) shall take effect on the date of the enactment 

3 of this Act. 

4 This division may be cited as the ‘‘Legislative Branch 

5 Appropriations Act, 2016’’. 

6 DIVISION J—MILITARY CONSTRUCTION 

7 AND VETERANS AFFAIRS, AND RE8 LATED AGENCIES APPROPRIATIONS 

9 ACT, 2016 

10 TITLE I 

11 DEPARTMENT OF DEFENSE 

12 MILITARY CONSTRUCTION, ARMY

13 For acquisition, construction, installation, and equip14 ment of temporary or permanent public works, military in15 stallations, facilities, and real property for the Army as 

16 currently authorized by law, including personnel in the 

17 Army Corps of Engineers and other personal services nec18 essary for the purposes of this appropriation, and for con19 struction and operation of facilities in support of the func20 tions of the Commander in Chief, $663,245,000, to remain 

21 available until September 30, 2020: Provided, That, of this 

22 amount, not to exceed $109,245,000 shall be available for 

23 study, planning, design, architect and engineer services, 

24 and host nation support, as authorized by law, unless the 

25 Secretary of the Army determines that additional obliga-
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1 tions are necessary for such purposes and notifies the Com2 mittees on Appropriations of both Houses of Congress of the 

3 determination and the reasons therefor. 

4 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

5 For acquisition, construction, installation, and equip6 ment of temporary or permanent public works, naval in7 stallations, facilities, and real property for the Navy and 

8 Marine Corps as currently authorized by law, including 

9 personnel in the Naval Facilities Engineering Command 

10 and other personal services necessary for the purposes of this 

11 appropriation, $1,669,239,000, to remain available until 

12 September 30, 2020: Provided, That, of this amount, not 

13 to exceed $91,649,000 shall be available for study, planning, 

14 design, and architect and engineer services, as authorized 

15 by law, unless the Secretary of the Navy determines that 

16 additional obligations are necessary for such purposes and 

17 notifies the Committees on Appropriations of both Houses 

18 of Congress of the determination and the reasons therefor: 

19 Provided further, That none of the funds made available 

20 under this heading may be obligated for the Townsend 

21 Bombing Range Expansion, Phase 2, until the Secretary 

22 of the Navy enters into an agreement with local stakeholders 

23 that addresses the disposition and management of the tim24 ber and forest resources in the proposed areas of expansion. 
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1 MILITARY CONSTRUCTION, AIR FORCE

2 For acquisition, construction, installation, and equip3 ment of temporary or permanent public works, military in4 stallations, facilities, and real property for the Air Force 

5 as currently authorized by law, $1,389,185,000, to remain 

6 available until September 30, 2020: Provided, That of this 

7 amount, not to exceed $89,164,000 shall be available for 

8 study, planning, design, and architect and engineer serv9 ices, as authorized by law, unless the Secretary of the Air 

10 Force determines that additional obligations are necessary 

11 for such purposes and notifies the Committees on Appro12 priations of both Houses of Congress of the determination 

13 and the reasons therefor. 

14 MILITARY CONSTRUCTION, DEFENSE-WIDE

15 (INCLUDING TRANSFER OF FUNDS)

16 For acquisition, construction, installation, and equip17 ment of temporary or permanent public works, installa18 tions, facilities, and real property for activities and agen19 cies of the Department of Defense (other than the military 

20 departments), as currently authorized by law, 

21 $2,242,867,000, to remain available until September 30, 

22 2020: Provided, That such amounts of this appropriation 

23 as may be determined by the Secretary of Defense may be 

24 transferred to such appropriations of the Department of De25 fense available for military construction or family housing 
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1 as the Secretary may designate, to be merged with and to 

2 be available for the same purposes, and for the same time 

3 period, as the appropriation or fund to which transferred: 

4 Provided further, That of the amount appropriated, not to 

5 exceed $175,404,000 shall be available for study, planning, 

6 design, and architect and engineer services, as authorized 

7 by law, unless the Secretary of Defense determines that ad8 ditional obligations are necessary for such purposes and no9 tifies the Committees on Appropriations of both Houses of 

10 Congress of the determination and the reasons therefor: Pro11 vided further, That of the funds made available by this title 

12 to construct fiscal year 2016 Special Operations Command 

13 military construction projects, not to exceed 75 percent shall 

14 be available until the Commander of the Special Operations 

15 Command has complied with the certification and reporting 

16 requirements in the last proviso under the heading ‘‘Depart17 ment of Defense—Military Construction, Defense-Wide’’ in 

18 title I of H.R. 2029, as passed by the House of Representa19 tives on April 30, 2015. 

20 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

21 For construction, acquisition, expansion, rehabilita22 tion, and conversion of facilities for the training and ad23 ministration of the Army National Guard, and contribu24 tions therefor, as authorized by chapter 1803 of title 10, 

25 United States Code, and Military Construction Authoriza-
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1 tion Acts, $197,237,000, to remain available until Sep2 tember 30, 2020: Provided, That, of the amount appro3 priated, not to exceed $20,337,000 shall be available for 

4 study, planning, design, and architect and engineer serv5 ices, as authorized by law, unless the Director of the Army 

6 National Guard determines that additional obligations are 

7 necessary for such purposes and notifies the Committees on 

8 Appropriations of both Houses of Congress of the determina9 tion and the reasons therefor. 

10 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

11 For construction, acquisition, expansion, rehabilita12 tion, and conversion of facilities for the training and ad13 ministration of the Air National Guard, and contributions 

14 therefor, as authorized by chapter 1803 of title 10, United 

15 States Code, and Military Construction Authorization Acts, 

16 $138,738,000, to remain available until September 30, 

17 2020: Provided, That, of the amount appropriated, not to 

18 exceed $5,104,000 shall be available for study, planning, de19 sign, and architect and engineer services, as authorized by 

20 law, unless the Director of the Air National Guard deter21 mines that additional obligations are necessary for such 

22 purposes and notifies the Committees on Appropriations of 

23 both Houses of Congress of the determination and the rea24 sons therefor. 
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1 MILITARY CONSTRUCTION, ARMY RESERVE

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Army Reserve as authorized by chapter 

5 1803 of title 10, United States Code, and Military Con6 struction Authorization Acts, $113,595,000, to remain 

7 available until September 30, 2020: Provided, That, of the 

8 amount appropriated, not to exceed $9,318,000 shall be 

9 available for study, planning, design, and architect and en10 gineer services, as authorized by law, unless the Chief of 

11 the Army Reserve determines that additional obligations 

12 are necessary for such purposes and notifies the Committees 

13 on Appropriations of both Houses of Congress of the deter14 mination and the reasons therefor. 

15 MILITARY CONSTRUCTION, NAVY RESERVE

16 For construction, acquisition, expansion, rehabilita17 tion, and conversion of facilities for the training and ad18 ministration of the reserve components of the Navy and Ma19 rine Corps as authorized by chapter 1803 of title 10, United 

20 States Code, and Military Construction Authorization Acts, 

21 $36,078,000, to remain available until September 30, 2020: 

22 Provided, That, of the amount appropriated, not to exceed 

23 $2,208,000 shall be available for study, planning, design, 

24 and architect and engineer services, as authorized by law, 

25 unless the Secretary of the Navy determines that additional 
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1 obligations are necessary for such purposes and notifies the 

2 Committees on Appropriations of both Houses of Congress 

3 of the determination and the reasons therefor. 

4 MILITARY CONSTRUCTION, AIR FORCE RESERVE

5 For construction, acquisition, expansion, rehabilita6 tion, and conversion of facilities for the training and ad7 ministration of the Air Force Reserve as authorized by 

8 chapter 1803 of title 10, United States Code, and Military 

9 Construction Authorization Acts, $65,021,000, to remain 

10 available until September 30, 2020: Provided, That, of the 

11 amount appropriated, not to exceed $13,400,000 shall be 

12 available for study, planning, design, and architect and en13 gineer services, as authorized by law, unless the Chief of 

14 the Air Force Reserve determines that additional obliga15 tions are necessary for such purposes and notifies the Com16 mittees on Appropriations of both Houses of Congress of the 

17 determination and the reasons therefor. 

18 NORTH ATLANTIC TREATY ORGANIZATION

19 SECURITY INVESTMENT PROGRAM

20 For the United States share of the cost of the North 

21 Atlantic Treaty Organization Security Investment Pro22 gram for the acquisition and construction of military facili23 ties and installations (including international military 

24 headquarters) and for related expenses for the collective de25 fense of the North Atlantic Treaty Area as authorized by 
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1 section 2806 of title 10, United States Code, and Military 

2 Construction Authorization Acts, $135,000,000, to remain 

3 available until expended. 

4 FAMILY HOUSING CONSTRUCTION, ARMY

5 For expenses of family housing for the Army for con6 struction, including acquisition, replacement, addition, ex7 pansion, extension, and alteration, as authorized by law, 

8 $108,695,000, to remain available until September 30, 

9 2020. 

10 FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

11 For expenses of family housing for the Army for oper12 ation and maintenance, including debt payment, leasing, 

13 minor construction, principal and interest charges, and in14 surance premiums, as authorized by law, $375,611,000. 

15 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

16 CORPS

17 For expenses of family housing for the Navy and Ma18 rine Corps for construction, including acquisition, replace19 ment, addition, expansion, extension, and alteration, as au20 thorized by law, $16,541,000, to remain available until 

21 September 30, 2020. 

22 FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY

23 AND MARINE CORPS

24 For expenses of family housing for the Navy and Ma25 rine Corps for operation and maintenance, including debt 
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1 payment, leasing, minor construction, principal and inter2 est charges, and insurance premiums, as authorized by law, 

3 $353,036,000. 

4 FAMILY HOUSING CONSTRUCTION, AIR FORCE

5 For expenses of family housing for the Air Force for 

6 construction, including acquisition, replacement, addition, 

7 expansion, extension, and alteration, as authorized by law, 

8 $160,498,000, to remain available until September 30, 

9 2020. 

10 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

11 FORCE

12 For expenses of family housing for the Air Force for 

13 operation and maintenance, including debt payment, leas14 ing, minor construction, principal and interest charges, 

15 and insurance premiums, as authorized by law, 

16 $331,232,000. 

17 FAMILY HOUSING OPERATION AND MAINTENANCE, 

18 DEFENSE-WIDE

19 For expenses of family housing for the activities and 

20 agencies of the Department of Defense (other than the mili21 tary departments) for operation and maintenance, leasing, 

22 and minor construction, as authorized by law, $58,668,000. 

23 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

24 For deposit into the Department of Defense Base Clo25 sure Account, established by section 2906(a) of the Defense 
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1 Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 

2 note), $266,334,000, to remain available until expended. 

3 ADMINISTRATIVE PROVISIONS

4 SEC. 101. None of the funds made available in this 

5 title shall be expended for payments under a cost-plus-a6 fixed-fee contract for construction, where cost estimates ex7 ceed $25,000, to be performed within the United States, ex8 cept Alaska, without the specific approval in writing of the 

9 Secretary of Defense setting forth the reasons therefor. 

10 SEC. 102. Funds made available in this title for con11 struction shall be available for hire of passenger motor vehi12 cles. 

13 SEC. 103. Funds made available in this title for con14 struction may be used for advances to the Federal Highway 

15 Administration, Department of Transportation, for the con16 struction of access roads as authorized by section 210 of 

17 title 23, United States Code, when projects authorized there18 in are certified as important to the national defense by the 

19 Secretary of Defense. 

20 SEC. 104. None of the funds made available in this 

21 title may be used to begin construction of new bases in the 

22 United States for which specific appropriations have not 

23 been made. 

24 SEC. 105. None of the funds made available in this 

25 title shall be used for purchase of land or land easements 
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1 in excess of 100 percent of the value as determined by the 

2 Army Corps of Engineers or the Naval Facilities Engineer3 ing Command, except: (1) where there is a determination 

4 of value by a Federal court; (2) purchases negotiated by 

5 the Attorney General or the designee of the Attorney Gen6 eral; (3) where the estimated value is less than $25,000; or 

7 (4) as otherwise determined by the Secretary of Defense to 

8 be in the public interest. 

9 SEC. 106. None of the funds made available in this 

10 title shall be used to: (1) acquire land; (2) provide for site 

11 preparation; or (3) install utilities for any family housing, 

12 except housing for which funds have been made available 

13 in annual Acts making appropriations for military con14 struction. 

15 SEC. 107. None of the funds made available in this 

16 title for minor construction may be used to transfer or relo17 cate any activity from one base or installation to another, 

18 without prior notification to the Committees on Appropria19 tions of both Houses of Congress. 

20 SEC. 108. None of the funds made available in this 

21 title may be used for the procurement of steel for any con22 struction project or activity for which American steel pro23 ducers, fabricators, and manufacturers have been denied the 

24 opportunity to compete for such steel procurement. 
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1 SEC. 109. None of the funds available to the Depart2 ment of Defense for military construction or family housing 

3 during the current fiscal year may be used to pay real prop4 erty taxes in any foreign nation. 

5 SEC. 110. None of the funds made available in this 

6 title may be used to initiate a new installation overseas 

7 without prior notification to the Committees on Appropria8 tions of both Houses of Congress. 

9 SEC. 111. None of the funds made available in this 

10 title may be obligated for architect and engineer contracts 

11 estimated by the Government to exceed $500,000 for projects 

12 to be accomplished in Japan, in any North Atlantic Treaty 

13 Organization member country, or in countries bordering the 

14 Arabian Gulf, unless such contracts are awarded to United 

15 States firms or United States firms in joint venture with 

16 host nation firms. 

17 SEC. 112. None of the funds made available in this 

18 title for military construction in the United States terri19 tories and possessions in the Pacific and on Kwajalein 

20 Atoll, or in countries bordering the Arabian Gulf, may be 

21 used to award any contract estimated by the Government 

22 to exceed $1,000,000 to a foreign contractor: Provided, That 

23 this section shall not be applicable to contract awards for 

24 which the lowest responsive and responsible bid of a United 

25 States contractor exceeds the lowest responsive and respon-
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1 sible bid of a foreign contractor by greater than 20 percent: 

2 Provided further, That this section shall not apply to con3 tract awards for military construction on Kwajalein Atoll 

4 for which the lowest responsive and responsible bid is sub5 mitted by a Marshallese contractor. 

6 SEC. 113. The Secretary of Defense shall inform the 

7 appropriate committees of both Houses of Congress, includ8 ing the Committees on Appropriations, of plans and scope 

9 of any proposed military exercise involving United States 

10 personnel 30 days prior to its occurring, if amounts ex11 pended for construction, either temporary or permanent, 

12 are anticipated to exceed $100,000. 

13 SEC. 114. Funds appropriated to the Department of 

14 Defense for construction in prior years shall be available 

15 for construction authorized for each such military depart16 ment by the authorizations enacted into law during the cur17 rent session of Congress. 

18 SEC. 115. For military construction or family housing 

19 projects that are being completed with funds otherwise ex20 pired or lapsed for obligation, expired or lapsed funds may 

21 be used to pay the cost of associated supervision, inspection, 

22 overhead, engineering and design on those projects and on 

23 subsequent claims, if any. 

24 SEC. 116. Notwithstanding any other provision of law, 

25 any funds made available to a military department or de-
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1 fense agency for the construction of military projects may 

2 be obligated for a military construction project or contract, 

3 or for any portion of such a project or contract, at any 

4 time before the end of the fourth fiscal year after the fiscal 

5 year for which funds for such project were made available, 

6 if the funds obligated for such project: (1) are obligated from 

7 funds available for military construction projects; and (2) 

8 do not exceed the amount appropriated for such project, 

9 plus any amount by which the cost of such project is in10 creased pursuant to law. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 117. Subject to 30 days prior notification, or 14 

13 days for a notification provided in an electronic medium 

14 pursuant to sections 480 and 2883 of title 10, United States 

15 Code, to the Committees on Appropriations of both Houses 

16 of Congress, such additional amounts as may be determined 

17 by the Secretary of Defense may be transferred to: (1) the 

18 Department of Defense Family Housing Improvement Fund 

19 from amounts appropriated for construction in ‘‘Family 

20 Housing’’ accounts, to be merged with and to be available 

21 for the same purposes and for the same period of time as 

22 amounts appropriated directly to the Fund; or (2) the De23 partment of Defense Military Unaccompanied Housing Im24 provement Fund from amounts appropriated for construc25 tion of military unaccompanied housing in ‘‘Military Con-
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1 struction’’ accounts, to be merged with and to be available 

2 for the same purposes and for the same period of time as 

3 amounts appropriated directly to the Fund: Provided, That 

4 appropriations made available to the Funds shall be avail5 able to cover the costs, as defined in section 502(5) of the 

6 Congressional Budget Act of 1974, of direct loans or loan 

7 guarantees issued by the Department of Defense pursuant 

8 to the provisions of subchapter IV of chapter 169 of title 

9 10, United States Code, pertaining to alternative means of 

10 acquiring and improving military family housing, military 

11 unaccompanied housing, and supporting facilities. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 118. In addition to any other transfer authority 

14 available to the Department of Defense, amounts may be 

15 transferred from the Department of Defense Base Closure 

16 Account to the fund established by section 1013(d) of the 

17 Demonstration Cities and Metropolitan Development Act of 

18 1966 (42 U.S.C. 3374) to pay for expenses associated with 

19 the Homeowners Assistance Program incurred under 42 

20 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be 

21 merged with and be available for the same purposes and 

22 for the same time period as the fund to which transferred. 

23 SEC. 119. Notwithstanding any other provision of law, 

24 funds made available in this title for operation and mainte25 nance of family housing shall be the exclusive source of 
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•HR 2029 EAH 

1 funds for repair and maintenance of all family housing 

2 units, including general or flag officer quarters: Provided, 

3 That not more than $35,000 per unit may be spent annu4 ally for the maintenance and repair of any general or flag 

5 officer quarters without 30 days prior notification, or 14 

6 days for a notification provided in an electronic medium 

7 pursuant to sections 480 and 2883 of title 10, United States 

8 Code, to the Committees on Appropriations of both Houses 

9 of Congress, except that an after-the-fact notification shall 

10 be submitted if the limitation is exceeded solely due to costs 

11 associated with environmental remediation that could not 

12 be reasonably anticipated at the time of the budget submis13 sion: Provided further, That the Under Secretary of Defense 

14 (Comptroller) is to report annually to the Committees on 

15 Appropriations of both Houses of Congress all operation 

16 and maintenance expenditures for each individual general 

17 or flag officer quarters for the prior fiscal year. 

18 SEC. 120. Amounts contained in the Ford Island Im19 provement Account established by subsection (h) of section 

20 2814 of title 10, United States Code, are appropriated and 

21 shall be available until expended for the purposes specified 

22 in subsection (i)(1) of such section or until transferred pur23 suant to subsection (i)(3) of such section. 
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•HR 2029 EAH 

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 121. 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. 122. (a) Except as provided in subsection (b), 

17 none of the funds made available in this Act may be used 

18 by the Secretary of the Army to relocate a unit in the Army 

19 that— 

20 (1) performs a testing mission or function that 

21 is not performed by any other unit in the Army and 

22 is specifically stipulated in title 10, United States 

23 Code; and 

24 (2) is located at a military installation at which 

25 the total number of civilian employees of the Depart-
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•HR 2029 EAH 

1 ment of the Army and Army contractor personnel em2 ployed exceeds 10 percent of the total number of mem3 bers of the regular and reserve components of the 

4 Army assigned to the installation. 

5 (b) EXCEPTION.—Subsection (a) shall not apply if the 

6 Secretary of the Army certifies to the congressional defense 

7 committees that in proposing the relocation of the unit of 

8 the Army, the Secretary complied with Army Regulation 

9 5–10 relating to the policy, procedures, and responsibilities 

10 for Army stationing actions. 

11 SEC. 123. Amounts appropriated or otherwise made 

12 available in an account funded under the headings in this 

13 title may be transferred among projects and activities with14 in the account in accordance with the reprogramming 

15 guidelines for military construction and family housing 

16 construction contained in Department of Defense Financial 

17 Management Regulation 7000.14–R, Volume 3, Chapter 7, 

18 of February 2009, as in effect on the date of enactment of 

19 this Act. 

20 SEC. 124. None of the funds made available in this 

21 title may be obligated or expended for planning and design 

22 and construction of projects at Arlington National Ceme23 tery. 
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•HR 2029 EAH 

1 (RESCISSION OF FUNDS)

2 SEC. 125. Of the unobligated balances available for 

3 ‘‘Military Construction, Army’’ and ‘‘Family Housing Con4 struction, Army’’, from prior appropriation Acts (other 

5 than appropriations designated by law as being for contin6 gency operations directly related to the global war on ter7 rorism or as an emergency requirement), $86,420,000 are 

8 hereby rescinded. 

9 (RESCISSION OF FUNDS)

10 SEC. 126. Of the unobligated balances available for 

11 ‘‘Military Construction, Air Force’’, from prior appropria12 tion Acts (other than appropriations designated by law as 

13 being for contingency operations directly related to the glob14 al war on terrorism or as an emergency requirement), 

15 $46,400,000 are hereby rescinded. 

16 (RESCISSION OF FUNDS)

17 SEC. 127. Of the unobligated balances available for 

18 ‘‘Military Construction, Defense-Wide’’, from prior appro19 priation Acts (other than appropriations designated by law 

20 as being for contingency operations directly related to the 

21 global war on terrorism or as an emergency requirement), 

22 $134,000,000 are hereby rescinded. 

23 SEC. 128. For an additional amount for ‘‘Military 

24 Construction, Army’’, $34,500,000, to remain available 

25 until September 30, 2020: Provided, That such funds may 
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1 only be obligated to carry out construction projects identi2 fied in the Department of the Army’s Unfunded Priority 

3 List for Fiscal Year 2016 submitted to Congress: Provided 

4 further, That such funding is for projects as authorized in 

5 the National Defense Authorization Act for Fiscal Year 

6 2016: Provided further, That, not later than 30 days after 

7 enactment of this Act, the Secretary of the Army shall sub8 mit to the Committees on Appropriations of both Houses 

9 of Congress an expenditure plan for funds provided under 

10 this section. 

11 SEC. 129. For an additional amount for ‘‘Military 

12 Construction, Navy and Marine Corps’’, $34,500,000, to re13 main available until September 30, 2020: Provided, That 

14 such funds may only be obligated to carry out construction 

15 projects identified in the Department of the Navy’s Un16 funded Priority List for Fiscal Year 2016: Provided further, 

17 That such funding is for projects as authorized in the Na18 tional Defense Authorization Act for Fiscal Year 2016: Pro19 vided further, That, not later than 30 days after enactment 

20 of this Act, the Secretary of the Navy shall submit to the 

21 Committees on Appropriations of both Houses of Congress 

22 an expenditure plan for funds provided under this section. 

23 SEC. 130. For an additional amount for ‘‘Military 

24 Construction, Army National Guard’’, $51,300,000, to re25 main available until September 30, 2020: Provided, That 
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•HR 2029 EAH 

1 such funds may only be obligated to carry out construction 

2 projects identified in the Department of the Army’s Un3 funded Priority List for Fiscal Year 2016 submitted to Con4 gress: Provided further, That such funding is for projects 

5 as authorized in the National Defense Authorization Act for 

6 Fiscal Year 2016: Provided further, That, not later than 

7 30 days after enactment of this Act, the Secretary of the 

8 Army shall submit to the Committees on Appropriations 

9 of both Houses of Congress an expenditure plan for funds 

10 provided under this section. 

11 SEC. 131. For an additional amount for ‘‘Military 

12 Construction, Army Reserve’’, $34,200,000, to remain 

13 available until September 30, 2020: Provided, That such 

14 funds may only be obligated to carry out construction 

15 projects identified in the Department of the Army’s Un16 funded Priority List for Fiscal Year 2016 submitted to Con17 gress: Provided further, That such funding is for projects 

18 as authorized in the National Defense Authorization Act for 

19 Fiscal Year 2016: Provided further, That, not later than 

20 30 days after enactment of this Act, the Secretary of the 

21 Army shall submit to the Committees on Appropriations 

22 of both Houses of Congress an expenditure plan for funds 

23 provided under this section. 

24 SEC. 132. Notwithstanding section 124, for an addi25 tional amount for ‘‘Military Construction, Army’’ in this 
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•HR 2029 EAH 

1 title, $30,000,000 is provided for advances to the Federal 

2 Highway Administration, Department of Transportation, 

3 for construction of access roads as authorized by section 210 

4 of title 23, United States Code. 

5 SEC. 133. For an additional amount for ‘‘Military 

6 Construction, Air Force’’, $21,000,000, to remain available 

7 until September 30, 2020: Provided, That such funds may 

8 only be obligated to carry out construction projects identi9 fied in the Department of the Air Force’s Unfunded Pri10 ority List for Fiscal Year 2016 submitted to Congress: Pro11 vided further, That such funding is for projects as author12 ized in the National Defense Authorization Act for Fiscal 

13 Year 2016: Provided further, That not later than 30 days 

14 after enactment of this Act, the Secretary of the Air Force 

15 shall submit to the Committees on Appropriations of both 

16 Houses of Congress an expenditure plan for funds provided 

17 under this section. 

18 SEC. 134. For an additional amount for ‘‘Military 

19 Construction, Air National Guard’’, $6,100,000, to remain 

20 available until September 30, 2020: Provided, That such 

21 funds may only be obligated to carry out construction 

22 projects identified in the Department of the Air Force’s Un23 funded Priority List for Fiscal Year 2016 submitted to Con24 gress: Provided further, That such funding is for projects 

25 as authorized in the National Defense Authorization Act for 
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1 Fiscal Year 2016: Provided further, That not later than 30 

2 days after enactment of this Act, the Secretary of the Air 

3 Force shall submit to the Committees on Appropriations of 

4 both Houses of Congress an expenditure plan for funds pro5 vided under this section. 

6 SEC. 135. For the purposes of this Act, the term ‘‘con7 gressional defense committees’’ means the Committees on 

8 Armed Services of the House of Representatives and the 

9 Senate, the Subcommittee on Military Construction and 

10 Veterans Affairs of the Committee on Appropriations of the 

11 Senate, and the Subcommittee on Military Construction 

12 and Veterans Affairs of the Committee on Appropriations 

13 of the House of Representatives. 

14 (RESCISSION OF FUNDS)

15 SEC. 136. Of the unobligated balances made available 

16 in prior appropriation Acts for the fund established in sec17 tion 1013(d) of the Demonstration Cities and Metropolitan 

18 Development Act of 1966 (42 U.S.C. 3374) (other than ap19 propriations designated by law as being for contingency op20 erations directly related to the global war on terrorism or 

21 as an emergency requirement), $105,000,000 are hereby re22 scinded. 

23 SEC. 137. For an additional amount for ‘‘Military 

24 Construction, Air Force Reserve’’, $10,400,000, to remain 

25 available until September 30, 2020: Provided, That such 
1045 

•HR 2029 EAH 

1 funds may only be obligated to carry out construction 

2 projects identified in the Department of the Air Force’s Un3 funded Priority List for Fiscal Year 2016 submitted to Con4 gress: Provided further, That such funding is for projects 

5 as authorized in the National Defense Authorization Act for 

6 Fiscal Year 2016: Provided further, That not later than 30 

7 days after enactment of this Act, the Secretary of the Air 

8 Force shall submit to the Committees on Appropriations of 

9 both Houses of Congress an expenditure plan for funds pro10 vided under this section. 

11 SEC. 138. Notwithstanding any other provision of law, 

12 none of the funds appropriated or otherwise made available 

13 by this or any other Act may be used to consolidate or relo14 cate any element of a United States Air Force Rapid Engi15 neer Deployable Heavy Operational Repair Squadron En16 gineer (RED HORSE) outside of the United States until 

17 the Secretary of the Air Force (1) completes an analysis 

18 and comparison of the cost and infrastructure investment 

19 required to consolidate or relocate a RED HORSE squad20 ron outside of the United States versus within the United 

21 States; (2) provides to the Committees on Appropriations 

22 of both Houses of Congress (‘‘the Committees’’) a report de23 tailing the findings of the cost analysis; and (3) certifies 

24 in writing to the Committees that the preferred site for the 

25 consolidation or relocation yields the greatest savings for 
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1 the Air Force: Provided, That the term ‘‘United States’’ in 

2 this section does not include any territory or possession of 

3 the United States. 

4 SEC. 139. None of the funds made available by this 

5 Act may be used to carry out the closure or transfer of the 

6 United States Naval Station, Guanta ́namo Bay, Cuba. 

7 TITLE II 

8 DEPARTMENT OF VETERANS AFFAIRS 

9 VETERANS BENEFITS ADMINISTRATION

10 COMPENSATION AND PENSIONS

11 (INCLUDING TRANSFER OF FUNDS)

12 For the payment of compensation benefits to or on be13 half of veterans and a pilot program for disability examina14 tions as authorized by section 107 and chapters 11, 13, 18, 

15 51, 53, 55, and 61 of title 38, United States Code; pension 

16 benefits to or on behalf of veterans as authorized by chapters 

17 15, 51, 53, 55, and 61 of title 38, United States Code; and 

18 burial benefits, the Reinstated Entitlement Program for 

19 Survivors, emergency and other officers’ retirement pay, ad20 justed-service credits and certificates, payment of premiums 

21 due on commercial life insurance policies guaranteed under 

22 the provisions of title IV of the Servicemembers Civil Relief 

23 Act (50 U.S.C. App. 541 et seq.) and for other benefits as 

24 authorized by sections 107, 1312, 1977, and 2106, and 

25 chapters 23, 51, 53, 55, and 61 of title 38, United States 
1047 

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1 Code, $162,948,673,000, to remain available until ex2 pended, of which $86,083,128,000 shall become available on 

3 October 1, 2016: Provided, That not to exceed $15,562,000 

4 of the amount made available for fiscal year 2016 and 

5 $16,021,000 of the amount made available for fiscal year 

6 2017 under this heading shall be reimbursed to ‘‘General 

7 Operating Expenses, Veterans Benefits Administration’’, 

8 and ‘‘Information Technology Systems’’ for necessary ex9 penses in implementing the provisions of chapters 51, 53, 

10 and 55 of title 38, United States Code, the funding source 

11 for which is specifically provided as the ‘‘Compensation and 

12 Pensions’’ appropriation: Provided further, That such sums 

13 as may be earned on an actual qualifying patient basis, 

14 shall be reimbursed to ‘‘Medical Care Collections Fund’’ to 

15 augment the funding of individual medical facilities for 

16 nursing home care provided to pensioners as authorized. 

17 READJUSTMENT BENEFITS

18 For the payment of readjustment and rehabilitation 

19 benefits to or on behalf of veterans as authorized by chapters 

20 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of 

21 title 38, United States Code, $30,654,185,000, to remain 

22 available until expended, of which $16,340,828,000 shall be23 come available on October 1, 2016: Provided, That expenses 

24 for rehabilitation program services and assistance which the 

25 Secretary is authorized to provide under subsection (a) of 
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1 section 3104 of title 38, United States Code, other than 

2 under paragraphs (1), (2), (5), and (11) of that subsection, 

3 shall be charged to this account. 

4 VETERANS INSURANCE AND INDEMNITIES

5 For military and naval insurance, national service life 

6 insurance, servicemen’s indemnities, service-disabled vet7 erans insurance, and veterans mortgage life insurance as 

8 authorized by chapters 19 and 21, title 38, United States 

9 Code, $169,080,000, to remain available until expended, of 

10 which $91,920,000 shall become available on October 1, 

11 2016. 

12 VETERANS HOUSING BENEFIT PROGRAM FUND

13 For the cost of direct and guaranteed loans, such sums 

14 as may be necessary to carry out the program, as authorized 

15 by subchapters I through III of chapter 37 of title 38, 

16 United States Code: Provided, That such costs, including 

17 the cost of modifying such loans, shall be as defined in sec18 tion 502 of the Congressional Budget Act of 1974: Provided 

19 further, That, during fiscal year 2016, within the resources 

20 available, not to exceed $500,000 in gross obligations for 

21 direct loans are authorized for specially adapted housing 

22 loans. 

23 In addition, for administrative expenses to carry out 

24 the direct and guaranteed loan programs, $164,558,000. 
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1 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

2 For the cost of direct loans, $31,000, as authorized by 

3 chapter 31 of title 38, United States Code: Provided, That 

4 such costs, including the cost of modifying such loans, shall 

5 be as defined in section 502 of the Congressional Budget 

6 Act of 1974: Provided further, That funds made available 

7 under this heading are available to subsidize gross obliga8 tions for the principal amount of direct loans not to exceed 

9 $2,952,000. 

10 In addition, for administrative expenses necessary to 

11 carry out the direct loan program, $367,000, which may 

12 be paid to the appropriation for ‘‘General Operating Ex13 penses, Veterans Benefits Administration’’. 

14 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

15 ACCOUNT

16 For administrative expenses to carry out the direct 

17 loan program authorized by subchapter V of chapter 37 of 

18 title 38, United States Code, $1,134,000. 

19 VETERANS HEALTH ADMINISTRATION

20 MEDICAL SERVICES

21 For necessary expenses for furnishing, as authorized 

22 by law, inpatient and outpatient care and treatment to 

23 beneficiaries of the Department of Veterans Affairs and vet24 erans described in section 1705(a) of title 38, United States 

25 Code, including care and treatment in facilities not under 
1050 

•HR 2029 EAH 

1 the jurisdiction of the Department, and including medical 

2 supplies and equipment, bioengineering services, food serv3 ices, and salaries and expenses of healthcare employees 

4 hired under title 38, United States Code, aid to State homes 

5 as authorized by section 1741 of title 38, United States 

6 Code, assistance and support services for caregivers as au7 thorized by section 1720G of title 38, United States Code, 

8 loan repayments authorized by section 604 of the Caregivers 

9 and Veterans Omnibus Health Services Act of 2010 (Public 

10 Law 111–163; 124 Stat. 1174; 38 U.S.C. 7681 note), and 

11 hospital care and medical services authorized by section 

12 1787 of title 38, United States Code; $2,369,158,000, which 

13 shall be in addition to funds previously appropriated under 

14 this heading that became available on October 1, 2015; and, 

15 in addition, $51,673,000,000, plus reimbursements, shall 

16 become available on October 1, 2016, and shall remain 

17 available until September 30, 2017: Provided, That, of the 

18 amount made available on October 1, 2016, under this 

19 heading, $1,400,000,000 shall remain available until Sep20 tember 30, 2018: Provided further, That, notwithstanding 

21 any other provision of law, the Secretary of Veterans Affairs 

22 shall establish a priority for the provision of medical treat23 ment for veterans who have service-connected disabilities, 

24 lower income, or have special needs: Provided further, That, 

25 notwithstanding any other provision of law, the Secretary 
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1 of Veterans Affairs shall give priority funding for the provi2 sion of basic medical benefits to veterans in enrollment pri3 ority groups 1 through 6: Provided further, That, notwith4 standing any other provision of law, the Secretary of Vet5 erans Affairs may authorize the dispensing of prescription 

6 drugs from Veterans Health Administration facilities to en7 rolled veterans with privately written prescriptions based 

8 on requirements established by the Secretary: Provided fur9 ther, That the implementation of the program described in 

10 the previous proviso shall incur no additional cost to the 

11 Department of Veterans Affairs: Provided further, That, of 

12 the amount made available on October 1, 2016, under this 

13 heading, not less than $1,500,000,000 shall be available for 

14 Hepatitis C Virus (HCV) clinical treatments, including 

15 clinical treatments with modern medications that have sig16 nificantly higher cure rates than older medications, are 

17 easier to prescribe, and have fewer and milder side effects: 

18 Provided further, That the Secretary of Veterans Affairs 

19 shall ensure that sufficient amounts appropriated under 

20 this heading for medical supplies and equipment are avail21 able for the acquisition of gender appropriate prosthetics. 

22 MEDICAL SUPPORT AND COMPLIANCE

23 For necessary expenses in the administration of the 

24 medical, hospital, nursing home, domiciliary, construction, 

25 supply, and research activities, as authorized by law; ad-
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•HR 2029 EAH 

1 ministrative expenses in support of capital policy activities; 

2 and administrative and legal expenses of the Department 

3 for collecting and recovering amounts owed the Department 

4 as authorized under chapter 17 of title 38, United States 

5 Code, and the Federal Medical Care Recovery Act (42 

6 U.S.C. 2651 et seq.), $6,524,000,000, plus reimbursements, 

7 shall become available on October 1, 2016, and shall remain 

8 available until September 30, 2017: Provided, That, of the 

9 amount made available on October 1, 2016, under this 

10 heading, $100,000,000 shall remain available until Sep11 tember 30, 2018. 

12 MEDICAL FACILITIES

13 For necessary expenses for the maintenance and oper14 ation of hospitals, nursing homes, domiciliary facilities, 

15 and other necessary facilities of the Veterans Health Admin16 istration; for administrative expenses in support of plan17 ning, design, project management, real property acquisition 

18 and disposition, construction, and renovation of any facil19 ity under the jurisdiction or for the use of the Department; 

20 for oversight, engineering, and architectural activities not 

21 charged to project costs; for repairing, altering, improving, 

22 or providing facilities in the several hospitals and homes 

23 under the jurisdiction of the Department, not otherwise pro24 vided for, either by contract or by the hire of temporary 

25 employees and purchase of materials; for leases of facilities; 
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•HR 2029 EAH 

1 and for laundry services; $105,132,000, which shall be in 

2 addition to funds previously appropriated under this head3 ing that became available on October 1, 2015; and, in addi4 tion, $5,074,000,000, plus reimbursements, shall become 

5 available on October 1, 2016, and shall remain available 

6 until September 30, 2017: Provided, That, of the amount 

7 made available on October 1, 2016, under this heading, 

8 $250,000,000 shall remain available until September 30, 

9 2018. 

10 MEDICAL AND PROSTHETIC RESEARCH

11 For necessary expenses in carrying out programs of 

12 medical and prosthetic research and development as author13 ized by chapter 73 of title 38, United States Code, 

14 $630,735,000, plus reimbursements, shall remain available 

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

16 Veterans Affairs shall ensure that sufficient amounts appro17 priated under this heading are available for gender appro18 priate prosthetic research and toxic exposure research. 

19 NATIONAL CEMETERY ADMINISTRATION

20 For necessary expenses of the National Cemetery Ad21 ministration for operations and maintenance, not otherwise 

22 provided for, including uniforms or allowances therefor; 

23 cemeterial expenses as authorized by law; purchase of one 

24 passenger motor vehicle for use in cemeterial operations; 

25 hire of passenger motor vehicles; and repair, alteration or 
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•HR 2029 EAH 

1 improvement of facilities under the jurisdiction of the Na2 tional Cemetery Administration, $271,220,000, of which 

3 not to exceed $26,600,000 shall remain available until Sep4 tember 30, 2017. 

5 DEPARTMENTAL ADMINISTRATION

6 GENERAL ADMINISTRATION

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary operating expenses of the Department of 

9 Veterans Affairs, not otherwise provided for, including ad10 ministrative expenses in support of Department-wide cap11 ital planning, management and policy activities, uniforms, 

12 or allowances therefor; not to exceed $25,000 for official re13 ception and representation expenses; hire of passenger 

14 motor vehicles; and reimbursement of the General Services 

15 Administration for security guard services, $336,659,000, 

16 of which not to exceed $10,000,000 shall remain available 

17 until September 30, 2017: Provided, That funds provided 

18 under this heading may be transferred to ‘‘General Oper19 ating Expenses, Veterans Benefits Administration’’. 

20 BOARD OF VETERANS APPEALS

21 For necessary operating expenses of the Board of Vet22 erans Appeals, $109,884,000, of which not to exceed 

23 $10,788,000 shall remain available until September 30, 

24 2017. 
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•HR 2029 EAH 

1 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

2 ADMINISTRATION

3 For necessary operating expenses of the Veterans Bene4 fits Administration, not otherwise provided for, including 

5 hire of passenger motor vehicles, reimbursement of the Gen6 eral Services Administration for security guard services, 

7 and reimbursement of the Department of Defense for the 

8 cost of overseas employee mail, $2,707,734,000: Provided, 

9 That expenses for services and assistance authorized under 

10 paragraphs (1), (2), (5), and (11) of section 3104(a) of title 

11 38, United States Code, that the Secretary of Veterans Af12 fairs determines are necessary to enable entitled veterans: 

13 (1) to the maximum extent feasible, to become employable 

14 and to obtain and maintain suitable employment; or (2) 

15 to achieve maximum independence in daily living, shall be 

16 charged to this account: Provided further, That, of the funds 

17 made available under this heading, not to exceed 

18 $160,000,000 shall remain available until September 30, 

19 2017. 

20 INFORMATION TECHNOLOGY SYSTEMS

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses for information technology sys23 tems and telecommunications support, including develop24 mental information systems and operational information 

25 systems; for pay and associated costs; and for the capital 
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•HR 2029 EAH 

1 asset acquisition of information technology systems, includ2 ing management and related contractual costs of said ac3 quisitions, including contractual costs associated with oper4 ations authorized by section 3109 of title 5, United States 

5 Code, $4,133,363,000, plus reimbursements: Provided, That 

6 $1,115,757,000 shall be for pay and associated costs, of 

7 which not to exceed $34,800,000 shall remain available 

8 until September 30, 2017: Provided further, That 

9 $2,512,863,000 shall be for operations and maintenance, of 

10 which not to exceed $175,000,000 shall remain available 

11 until September 30, 2017: Provided further, That 

12 $504,743,000 shall be for information technology systems 

13 development, modernization, and enhancement, and shall 

14 remain available until September 30, 2017: Provided fur15 ther, That amounts made available for information tech16 nology systems development, modernization, and enhance17 ment may not be obligated or expended until the Secretary 

18 of Veterans Affairs or the Chief Information Officer of the 

19 Department of Veterans Affairs submits to the Committees 

20 on Appropriations of both Houses of Congress a certifi21 cation of the amounts, in parts or in full, to be obligated 

22 and expended for each development project: Provided fur23 ther, That amounts made available for salaries and ex24 penses, operations and maintenance, and information tech25 nology systems development, modernization, and enhance-
1057 

•HR 2029 EAH 

1 ment may be transferred among the three subaccounts after 

2 the Secretary of Veterans Affairs requests from the Commit3 tees on Appropriations of both Houses of Congress the au4 thority to make the transfer and an approval is issued: Pro5 vided further, That amounts made available for the ‘‘Infor6 mation Technology Systems’’ account for development, mod7 ernization, and enhancement may be transferred among 

8 projects or to newly defined projects: Provided further, That 

9 no project may be increased or decreased by more than 

10 $1,000,000 of cost prior to submitting a request to the Com11 mittees on Appropriations of both Houses of Congress to 

12 make the transfer and an approval is issued, or absent a 

13 response, a period of 30 days has elapsed: Provided further, 

14 That funds under this heading may be used by the Inter15 agency Program Office through the Department of Veterans 

16 Affairs to define data standards, code sets, and value sets 

17 used to enable interoperability: Provided further, That, of 

18 the funds made available for information technology sys19 tems development, modernization, and enhancement for 

20 VistA Evolution, not more than 25 percent may be obligated 

21 or expended until the Secretary of Veterans Affairs submits 

22 to the Committees on Appropriations of both Houses of Con23 gress, and such Committees approve, a report that describes: 

24 (1) the status of and changes to the VistA Evolution pro25 gram plan dated March 24, 2014 (hereinafter referred to 
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•HR 2029 EAH 

1 as the ‘‘Plan’’), the VistA 4 product roadmap dated Feb2 ruary 26, 2015 (‘‘Roadmap’’), and the VistA 4 Incremental 

3 Life Cycle Cost Estimate, dated October 26, 2014; (2) any 

4 changes to the scope or functionality of projects within the 

5 VistA Evolution program as established in the Plan; (3) 

6 actual program costs incurred to date; (4) progress in meet7 ing the schedule milestones that have been established in the 

8 Plan; (5) a Project Management Accountability System 

9 (PMAS) Dashboard Progress report that identifies each 

10 VistA Evolution project being tracked through PMAS, what 

11 functionality it is intended to provide, and what evaluation 

12 scores it has received throughout development; (6) the defi13 nition being used for interoperability between the electronic 

14 health record systems of the Department of Defense and the 

15 Department of Veterans Affairs, the metrics to measure the 

16 extent of interoperability, the milestones and timeline asso17 ciated with achieving interoperability, and the baseline 

18 measurements associated with interoperability; (7) progress 

19 toward developing and implementing all components and 

20 levels of interoperability, including semantic interoper21 ability; (8) the change management tools in place to facili22 tate the implementation of VistA Evolution and interoper23 ability; and (9) any changes to the governance structure 

24 for the VistA Evolution program and its chain of decision25 making authority: Provided further, That the funds made 
1059 

•HR 2029 EAH 

1 available under this heading for information technology 

2 systems development, modernization, and enhancement, 

3 shall be for the projects, and in the amounts, specified under 

4 this heading in the explanatory statement described in sec5 tion 4 (in the matter preceding division A of this consoli6 dated Act). 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector Gen9 eral, to include information technology, in carrying out the 

10 provisions of the Inspector General Act of 1978 (5 U.S.C. 

11 App.), $136,766,000, of which not to exceed $12,676,000 

12 shall remain available until September 30, 2017. 

13 CONSTRUCTION, MAJOR PROJECTS

14 For constructing, altering, extending, and improving 

15 any of the facilities, including parking projects, under the 

16 jurisdiction or for the use of the Department of Veterans 

17 Affairs, or for any of the purposes set forth in sections 316, 

18 2404, 2406 and chapter 81 of title 38, United States Code, 

19 not otherwise provided for, including planning, architec20 tural and engineering services, construction management 

21 services, maintenance or guarantee period services costs as22 sociated with equipment guarantees provided under the 

23 project, services of claims analysts, offsite utility and storm 

24 drainage system construction costs, and site acquisition, 

25 where the estimated cost of a project is more than the 
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•HR 2029 EAH 

1 amount set forth in section 8104(a)(3)(A) of title 38, United 

2 States Code, or where funds for a project were made avail3 able in a previous major project appropriation, 

4 $1,243,800,000, of which $1,163,800,000 shall remain 

5 available until September 30, 2020, and of which 

6 $80,000,000 shall remain available until expended: Pro7 vided, That except for advance planning activities, includ8 ing needs assessments which may or may not lead to capital 

9 investments, and other capital asset management related 

10 activities, including portfolio development and management 

11 activities, and investment strategy studies funded through 

12 the advance planning fund and the planning and design 

13 activities funded through the design fund, including needs 

14 assessments which may or may not lead to capital invest15 ments, and salaries and associated costs of the resident engi16 neers who oversee those capital investments funded through 

17 this account, and funds provided for the purchase of land 

18 for the National Cemetery Administration through the land 

19 acquisition line item, none of the funds made available 

20 under this heading shall be used for any project which has 

21 not been approved by the Congress in the budgetary process: 

22 Provided further, That funds made available under this 

23 heading for fiscal year 2016, for each approved project shall 

24 be obligated: (1) by the awarding of a construction docu25 ments contract by September 30, 2016; and (2) by the 
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•HR 2029 EAH 

1 awarding of a construction contract by September 30, 2017: 

2 Provided further, That the Secretary of Veterans Affairs 

3 shall promptly submit to the Committees on Appropriations 

4 of both Houses of Congress a written report on any ap5 proved major construction project for which obligations are 

6 not incurred within the time limitations established above: 

7 Provided further, That, of the amount made available under 

8 this heading, $649,000,000 for Veterans Health Administra9 tion major construction projects shall not be available until 

10 the Department of Veterans Affairs— 

11 (1) enters into an agreement with an appro12 priate non-Department of Veterans Affairs Federal 

13 entity to serve as the design and/or construction agent 

14 for any Veterans Health Administration major con15 struction project with a Total Estimated Cost of 

16 $100,000,000 or above by providing full project man17 agement services, including management of the project 

18 design, acquisition, construction, and contract 

19 changes, consistent with section 502 of Public Law 

20 114–58; and 

21 (2) certifies in writing that such an agreement 

22 is executed and intended to minimize or prevent sub23 sequent major construction project cost overruns and 

24 provides a copy of the agreement entered into and 
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•HR 2029 EAH 

1 any required supplementary information to the Com2 mittees on Appropriations of both Houses of Congress. 

3 CONSTRUCTION, MINOR 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, including planning and assessments of needs which 

8 may lead to capital investments, architectural and engi9 neering services, maintenance or guarantee period services 

10 costs associated with equipment guarantees provided under 

11 the project, services of claims analysts, offsite utility and 

12 storm drainage system construction costs, and site acquisi13 tion, or for any of the purposes set forth in sections 316, 

14 2404, 2406 and chapter 81 of title 38, United States Code, 

15 not otherwise provided for, where the estimated cost of a 

16 project is equal to or less than the amount set forth in sec17 tion 8104(a)(3)(A) of title 38, United States Code, 

18 $406,200,000, to remain available until September 30, 

19 2020, along with unobligated balances of previous ‘‘Con20 struction, Minor Projects’’ appropriations which are hereby 

21 made available for any project where the estimated cost is 

22 equal to or less than the amount set forth in such section: 

23 Provided, That funds made available under this heading 

24 shall be for: (1) repairs to any of the nonmedical facilities 

25 under the jurisdiction or for the use of the Department 
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•HR 2029 EAH 

1 which are necessary because of loss or damage caused by 

2 any natural disaster or catastrophe; and (2) temporary 

3 measures necessary to prevent or to minimize further loss 

4 by such causes. 

5 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

6 FACILITIES

7 For grants to assist States to acquire or construct 

8 State nursing home and domiciliary facilities and to re9 model, modify, or alter existing hospital, nursing home, and 

10 domiciliary facilities in State homes, for furnishing care 

11 to veterans as authorized by sections 8131 through 8137 of 

12 title 38, United States Code, $120,000,000, to remain avail13 able until expended. 

14 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

15 For grants to assist States and tribal organizations 

16 in establishing, expanding, or improving veterans ceme17 teries as authorized by section 2408 of title 38, United 

18 States Code, $46,000,000, to remain available until ex19 pended. 

20 ADMINISTRATIVE PROVISIONS

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 201. Any appropriation for fiscal year 2016 for 

23 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 

24 and ‘‘Veterans Insurance and Indemnities’’ may be trans25 ferred as necessary to any other of the mentioned appro-
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•HR 2029 EAH 

1 priations: Provided, That, before a transfer may take place, 

2 the Secretary of Veterans Affairs shall request from the 

3 Committees on Appropriations of both Houses of Congress 

4 the authority to make the transfer and such Committees 

5 issue an approval, or absent a response, a period of 30 days 

6 has elapsed. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 202. Amounts made available for the Department 

9 of Veterans Affairs for fiscal year 2016, in this or any other 

10 Act, under the ‘‘Medical Services’’, ‘‘Medical Support and 

11 Compliance’’, and ‘‘Medical Facilities’’ accounts may be 

12 transferred among the accounts: Provided, That any trans13 fers between the ‘‘Medical Services’’ and ‘‘Medical Support 

14 and Compliance’’ accounts of 1 percent or less of the total 

15 amount appropriated to the account in this or any other 

16 Act may take place subject to notification from the Sec17 retary of Veterans Affairs to the Committees on Appropria18 tions of both Houses of Congress of the amount and purpose 

19 of the transfer: Provided further, That any transfers be20 tween the ‘‘Medical Services’’ and ‘‘Medical Support and 

21 Compliance’’ accounts in excess of 1 percent, or exceeding 

22 the cumulative 1 percent for the fiscal year, may take place 

23 only after the Secretary requests from the Committees on 

24 Appropriations of both Houses of Congress the authority to 

25 make the transfer and an approval is issued: Provided fur-
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•HR 2029 EAH 

1 ther, That any transfers to or from the ‘‘Medical Facilities’’ 

2 account may take place only after the Secretary requests 

3 from the Committees on Appropriations of both Houses of 

4 Congress the authority to make the transfer and an ap5 proval is issued. 

6 SEC. 203. Appropriations available in this title for sal7 aries and expenses shall be available for services authorized 

8 by section 3109 of title 5, United States Code; hire of pas9 senger motor vehicles; lease of a facility or land or both; 

10 and uniforms or allowances therefore, as authorized by sec11 tions 5901 through 5902 of title 5, United States Code. 

12 SEC. 204. No appropriations in this title (except the 

13 appropriations for ‘‘Construction, Major Projects’’, and 

14 ‘‘Construction, Minor Projects’’) shall be available for the 

15 purchase of any site for or toward the construction of any 

16 new hospital or home. 

17 SEC. 205. No appropriations in this title shall be 

18 available for hospitalization or examination of any persons 

19 (except beneficiaries entitled to such hospitalization or ex20 amination under the laws providing such benefits to vet21 erans, and persons receiving such treatment under sections 

22 7901 through 7904 of title 5, United States Code, or the 

23 Robert T. Stafford Disaster Relief and Emergency Assist24 ance Act (42 U.S.C. 5121 et seq.)), unless reimbursement 

25 of the cost of such hospitalization or examination is made 
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•HR 2029 EAH 

1 to the ‘‘Medical Services’’ account at such rates as may be 

2 fixed by the Secretary of Veterans Affairs. 

3 SEC. 206. Appropriations available in this title for 

4 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 

5 and ‘‘Veterans Insurance and Indemnities’’ shall be avail6 able for payment of prior year accrued obligations required 

7 to be recorded by law against the corresponding prior year 

8 accounts within the last quarter of fiscal year 2015. 

9 SEC. 207. Appropriations available in this title shall 

10 be available to pay prior year obligations of corresponding 

11 prior year appropriations accounts resulting from sections 

12 3328(a), 3334, and 3712(a) of title 31, United States Code, 

13 except that if such obligations are from trust fund accounts 

14 they shall be payable only from ‘‘Compensation and Pen15 sions’’. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 208. Notwithstanding any other provision of law, 

18 during fiscal year 2016, the Secretary of Veterans Affairs 

19 shall, from the National Service Life Insurance Fund under 

20 section 1920 of title 38, United States Code, the Veterans’ 

21 Special Life Insurance Fund under section 1923 of title 38, 

22 United States Code, and the United States Government Life 

23 Insurance Fund under section 1955 of title 38, United 

24 States Code, reimburse the ‘‘General Operating Expenses, 

25 Veterans Benefits Administration’’ and ‘‘Information Tech-
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•HR 2029 EAH 

1 nology Systems’’ accounts for the cost of administration of 

2 the insurance programs financed through those accounts: 

3 Provided, That reimbursement shall be made only from the 

4 surplus earnings accumulated in such an insurance pro5 gram during fiscal year 2016 that are available for divi6 dends in that program after claims have been paid and ac7 tuarially determined reserves have been set aside: Provided 

8 further, That if the cost of administration of such an insur9 ance program exceeds the amount of surplus earnings accu10 mulated in that program, reimbursement shall be made 

11 only to the extent of such surplus earnings: Provided fur12 ther, That the Secretary shall determine the cost of adminis13 tration for fiscal year 2016 which is properly allocable to 

14 the provision of each such insurance program and to the 

15 provision of any total disability income insurance included 

16 in that insurance program. 

17 SEC. 209. Amounts deducted from enhanced-use lease 

18 proceeds to reimburse an account for expenses incurred by 

19 that account during a prior fiscal year for providing en20 hanced-use lease services, may be obligated during the fiscal 

21 year in which the proceeds are received. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 210. Funds available in this title or funds for 

24 salaries and other administrative expenses shall also be 

25 available to reimburse the Office of Resolution Management 
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•HR 2029 EAH 

1 of the Department of Veterans Affairs and the Office of Em2 ployment Discrimination Complaint Adjudication under 

3 section 319 of title 38, United States Code, for all services 

4 provided at rates which will recover actual costs but not 

5 to exceed $43,700,000 for the Office of Resolution Manage6 ment and $3,400,000 for the Office of Employment Dis7 crimination Complaint Adjudication: Provided, That pay8 ments may be made in advance for services to be furnished 

9 based on estimated costs: Provided further, That amounts 

10 received shall be credited to the ‘‘General Administration’’ 

11 and ‘‘Information Technology Systems’’ accounts for use by 

12 the office that provided the service. 

13 (TRANSFER OF FUNDS)

14 SEC. 211. Of the amounts made available to the De15 partment of Veterans Affairs for fiscal year 2016 for the 

16 Office of Rural Health under the heading ‘‘Medical Serv17 ices’’, including any advance appropriation for fiscal year 

18 2016 provided in prior appropriation Acts, up to 

19 $20,000,000 may be transferred to and merged with funds 

20 appropriated under the heading ‘‘Grants for Construction 

21 of State Extended Care Facilities’’. 

22 SEC. 212. No funds of the Department of Veterans Af23 fairs shall be available for hospital care, nursing home care, 

24 or medical services provided to any person under chapter 

25 17 of title 38, United States Code, for a non-service-con-
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•HR 2029 EAH 

1 nected disability described in section 1729(a)(2) of such 

2 title, unless that person has disclosed to the Secretary of 

3 Veterans Affairs, in such form as the Secretary may require, 

4 current, accurate third-party reimbursement information 

5 for purposes of section 1729 of such title: Provided, That 

6 the Secretary may recover, in the same manner as any other 

7 debt due the United States, the reasonable charges for such 

8 care or services from any person who does not make such 

9 disclosure as required: Provided further, That any amounts 

10 so recovered for care or services provided in a prior fiscal 

11 year may be obligated by the Secretary during the fiscal 

12 year in which amounts are received. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 213. Notwithstanding any other provision of law, 

15 proceeds or revenues derived from enhanced-use leasing ac16 tivities (including disposal) may be deposited into the 

17 ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor 

18 Projects’’ accounts and be used for construction (including 

19 site acquisition and disposition), alterations, and improve20 ments of any medical facility under the jurisdiction or for 

21 the use of the Department of Veterans Affairs. Such sums 

22 as realized are in addition to the amount provided for in 

23 ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor 

24 Projects’’. 
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•HR 2029 EAH 

1 SEC. 214. Amounts made available under ‘‘Medical 

2 Services’’ are available— 

3 (1) for furnishing recreational facilities, sup4 plies, and equipment; and 

5 (2) for funeral expenses, burial expenses, and 

6 other expenses incidental to funerals and burials for 

7 beneficiaries receiving care in the Department. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 215. Such sums as may be deposited to the Med10 ical Care Collections Fund pursuant to section 1729A of 

11 title 38, United States Code, may be transferred to ‘‘Medical 

12 Services’’, to remain available until expended for the pur13 poses of that account. 

14 SEC. 216. The Secretary of Veterans Affairs may enter 

15 into agreements with Indian tribes and tribal organizations 

16 which are party to the Alaska Native Health Compact with 

17 the Indian Health Service, and Indian tribes and tribal 

18 organizations serving rural Alaska which have entered into 

19 contracts with the Indian Health Service under the Indian 

20 Self Determination and Educational Assistance Act, to pro21 vide healthcare, including behavioral health and dental 

22 care. The Secretary shall require participating veterans and 

23 facilities to comply with all appropriate rules and regula24 tions, as established by the Secretary. The term ‘‘rural Alas25 ka’’ shall mean those lands sited within the external bound-
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1 aries of the Alaska Native regions specified in sections 

2 7(a)(1)–(4) and (7)–(12) of the Alaska Native Claims Set3 tlement Act, as amended (43 U.S.C. 1606), and those lands 

4 within the Alaska Native regions specified in sections 

5 7(a)(5) and 7(a)(6) of the Alaska Native Claims Settlement 

6 Act, as amended (43 U.S.C. 1606), which are not within 

7 the boundaries of the municipality of Anchorage, the Fair8 banks North Star Borough, the Kenai Peninsula Borough 

9 or the Matanuska Susitna Borough. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 217. Such sums as may be deposited to the De12 partment of Veterans Affairs Capital Asset Fund pursuant 

13 to section 8118 of title 38, United States Code, may be 

14 transferred to the ‘‘Construction, Major Projects’’ and ‘‘Con15 struction, Minor Projects’’ accounts, to remain available 

16 until expended for the purposes of these accounts. 

17 SEC. 218. None of the funds made available in this 

18 title may be used to implement any policy prohibiting the 

19 Directors of the Veterans Integrated Services Networks from 

20 conducting outreach or marketing to enroll new veterans 

21 within their respective Networks. 

22 SEC. 219. Not later than 30 days after the end of each 

23 fiscal quarter, the Secretary of Veterans Affairs shall submit 

24 to the Committees on Appropriations of both Houses of Con25 gress a report on the financial status of the Department 
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1 of Veterans Affairs for the preceding quarter: Provided, 

2 That, at a minimum, the report shall include the direction 

3 contained in the explanatory statement described in section 

4 4 (in the matter preceding division A of this consolidated 

5 Act) in the paragraph entitled ‘‘Quarterly Report’’, under 

6 the heading ‘‘General Administration’’. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 220. Amounts made available under the ‘‘Medical 

9 Services’’, ‘‘Medical Support and Compliance’’, ‘‘Medical 

10 Facilities’’, ‘‘General Operating Expenses, Veterans Bene11 fits Administration’’, ‘‘General Administration’’, and ‘‘Na12 tional Cemetery Administration’’ accounts for fiscal year 

13 2016 may be transferred to or from the ‘‘Information Tech14 nology Systems’’ account: Provided, That such transfers 

15 may not result in a more than 10 percent aggregate increase 

16 in the total amount made available by this Act for the ‘‘In17 formation Technology Systems’’ account: Provided further, 

18 That, before a transfer may take place, the Secretary of Vet19 erans Affairs shall request from the Committees on Appro20 priations of both Houses of Congress the authority to make 

21 the transfer and an approval is issued. 

22 SEC. 221. None of the funds appropriated or otherwise 

23 made available by this Act or any other Act for the Depart24 ment of Veterans Affairs may be used in a manner that 

25 is inconsistent with: (1) section 842 of the Transportation, 
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1 Treasury, Housing and Urban Development, the Judiciary, 

2 the District of Columbia, and Independent Agencies Appro3 priations Act, 2006 (Public Law 109–115; 119 Stat. 2506); 

4 or (2) section 8110(a)(5) of title 38, United States Code. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 222. Of the amounts appropriated to the Depart7 ment of Veterans Affairs for fiscal year 2016 for ‘‘Medical 

8 Services’’, ‘‘Medical Support and Compliance’’, ‘‘Medical 

9 Facilities’’, ‘‘Construction, Minor Projects’’, and ‘‘Informa10 tion Technology Systems’’, up to $267,521,000, plus reim11 bursements, may be transferred to the Joint Department of 

12 Defense-Department of Veterans Affairs Medical Facility 

13 Demonstration Fund, established by section 1704 of the Na14 tional Defense Authorization Act for Fiscal Year 2010 (Pub15 lic Law 111–84; 123 Stat. 3571) and may be used for oper16 ation of the facilities designated as combined Federal med17 ical facilities as described by section 706 of the Duncan 

18 Hunter National Defense Authorization Act for Fiscal Year 

19 2009 (Public Law 110–417; 122 Stat. 4500): Provided, 

20 That additional funds may be transferred from accounts 

21 designated in this section to the Joint Department of De22 fense-Department of Veterans Affairs Medical Facility 

23 Demonstration Fund upon written notification by the Sec24 retary of Veterans Affairs to the Committees on Appropria25 tions of both Houses of Congress: Provided further, That sec-
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1 tion 223 of Title II of Division I of Public Law 113–235 

2 is repealed. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 223. Of the amounts appropriated to the Depart5 ment of Veterans Affairs which become available on October 

6 1, 2016, for ‘‘Medical Services’’, ‘‘Medical Support and 

7 Compliance’’, and ‘‘Medical Facilities’’, up to 

8 $265,675,000, plus reimbursements, may be transferred to 

9 the Joint Department of Defense-Department of Veterans 

10 Affairs Medical Facility Demonstration Fund, established 

11 by section 1704 of the National Defense Authorization Act 

12 for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571) 

13 and may be used for operation of the facilities designated 

14 as combined Federal medical facilities as described by sec15 tion 706 of the Duncan Hunter National Defense Author16 ization Act for Fiscal Year 2009 (Public Law 110–417; 122 

17 Stat. 4500): Provided, That additional funds may be trans18 ferred from accounts designated in this section to the Joint 

19 Department of Defense-Department of Veterans Affairs 

20 Medical Facility Demonstration Fund upon written notifi21 cation by the Secretary of Veterans Affairs to the Commit22 tees on Appropriations of both Houses of Congress. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 224. Such sums as may be deposited to the Med25 ical Care Collections Fund pursuant to section 1729A of 
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1 title 38, United States Code, for healthcare provided at fa2 cilities designated as combined Federal medical facilities as 

3 described by section 706 of the Duncan Hunter National 

4 Defense Authorization Act for Fiscal Year 2009 (Public 

5 Law 110–417; 122 Stat. 4500) shall also be available: (1) 

6 for transfer to the Joint Department of Defense-Department 

7 of Veterans Affairs Medical Facility Demonstration Fund, 

8 established by section 1704 of the National Defense Author9 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 

10 Stat. 3571); and (2) for operations of the facilities des11 ignated as combined Federal medical facilities as described 

12 by section 706 of the Duncan Hunter National Defense Au13 thorization Act for Fiscal Year 2009 (Public Law 110–417; 

14 122 Stat. 4500). 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 225. Of the amounts available in this title for 

17 ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’, 

18 and ‘‘Medical Facilities’’, a minimum of $15,000,000 shall 

19 be transferred to the DOD–VA Health Care Sharing Incen20 tive Fund, as authorized by section 8111(d) of title 38, 

21 United States Code, to remain available until expended, for 

22 any purpose authorized by section 8111 of title 38, United 

23 States Code. 
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1 (INCLUDING RESCISSIONS OF FUNDS)

2 SEC. 226. (a) Of the funds appropriated in title II 

3 of division I of Public Law 113–235, the following amounts 

4 which became available on October 1, 2015, are hereby re5 scinded from the following accounts in the amounts speci6 fied: 

7 (1) ‘‘Department of Veterans Affairs, Medical 

8 Services’’, $1,400,000,000. 

9 (2) ‘‘Department of Veterans Affairs, Medical 

10 Support and Compliance’’, $100,000,000. 

11 (3) ‘‘Department of Veterans Affairs, Medical 

12 Facilities’’, $250,000,000. 

13 (b) In addition to amounts provided elsewhere in this 

14 Act, an additional amount is appropriated to the following 

15 accounts in the amounts specified to remain available until 

16 September 30, 2017: 

17 (1) ‘‘Department of Veterans Affairs, Medical 

18 Services’’, $1,400,000,000. 

19 (2) ‘‘Department of Veterans Affairs, Medical 

20 Support and Compliance’’, $100,000,000. 

21 (3) ‘‘Department of Veterans Affairs, Medical 

22 Facilities’’, $250,000,000. 

23 SEC. 227. The Secretary of Veterans Affairs shall no24 tify the Committees on Appropriations of both Houses of 

25 Congress of all bid savings in a major construction project 
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1 that total at least $5,000,000, or 5 percent of the pro2 grammed amount of the project, whichever is less: Provided, 

3 That such notification shall occur within 14 days of a con4 tract identifying the programmed amount: Provided fur5 ther, That the Secretary shall notify the Committees on Ap6 propriations of both Houses of Congress 14 days prior to 

7 the obligation of such bid savings and shall describe the an8 ticipated use of such savings. 

9 SEC. 228. None of the funds made available for ‘‘Con10 struction, Major Projects’’ may be used for a project in ex11 cess of the scope specified for that project in the original 

12 justification data provided to the Congress as part of the 

13 request for appropriations unless the Secretary of Veterans 

14 Affairs receives approval from the Committees on Appro15 priations of both Houses of Congress. 

16 SEC. 229. The Secretary of Veterans Affairs shall sub17 mit to the Committees on Appropriations of both Houses 

18 of Congress a quarterly report that contains the following 

19 information from each Veterans Benefits Administration 

20 Regional Office: (1) the average time to complete a dis21 ability compensation claim; (2) the number of claims pend22 ing more than 125 days, disaggregated by initial and sup23 plemental claims; (3) error rates; (4) the number of claims 

24 personnel; (5) any corrective action taken within the quar25 ter to address poor performance; (6) training programs un-
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•HR 2029 EAH 

1 dertaken; and (7) the number and results of Quality Review 

2 Team audits: Provided, That each quarterly report shall be 

3 submitted no later than 30 days after the end of the respec4 tive quarter. 

5 SEC. 230. Of the funds provided to the Department of 

6 Veterans Affairs for fiscal year 2016 for ‘‘Medical Services’’ 

7 and ‘‘Medical Support and Compliance’’, a maximum of 

8 $5,000,000 may be obligated from the ‘‘Medical Services’’ 

9 account and a maximum of $154,596,000 may be obligated 

10 from the ‘‘Medical Support and Compliance’’ account for 

11 the VistA Evolution and electronic health record interoper12 ability projects: Provided, That funds in addition to these 

13 amounts may be obligated for the VistA Evolution and elec14 tronic health record interoperability projects upon written 

15 notification by the Secretary of Veterans Affairs to the Com16 mittees on Appropriations of both Houses of Congress. 

17 SEC. 231. The Secretary of Veterans Affairs shall pro18 vide written notification to the Committees on Appropria19 tions of both Houses of Congress 15 days prior to organiza20 tional changes which result in the transfer of 25 or more 

21 full-time equivalents from one organizational unit of the 

22 Department of Veterans Affairs to another. 

23 SEC. 232. The Secretary of Veterans Affairs shall pro24 vide on a quarterly basis to the Committees on Appropria25 tions of both Houses of Congress notification of any single 
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1 national outreach and awareness marketing campaign in 

2 which obligations exceed $2,000,000. 

3 SEC. 233. 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 Veterans 

6 Integrated Service Networks select and contract for diabetes 

7 monitoring supplies and equipment. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 234. The Secretary of Veterans Affairs, upon de10 termination that such action is necessary to address needs 

11 of the Veterans Health Administration, may transfer to the 

12 ‘‘Medical Services’’ account any discretionary appropria13 tions made available for fiscal year 2016 in this title (except 

14 appropriations made to the ‘‘General Operating Expenses, 

15 Veterans Benefits Administration’’ account) or any discre16 tionary unobligated balances within the Department of Vet17 erans Affairs, including those appropriated for fiscal year 

18 2016, that were provided in advance by appropriations 

19 Acts: Provided, That transfers shall be made only with the 

20 approval of the Office of Management and Budget: Provided 

21 further, That the transfer authority provided in this section 

22 is in addition to any other transfer authority provided by 

23 law: Provided further, That no amounts may be transferred 

24 from amounts that were designated by Congress as an emer25 gency requirement pursuant to a concurrent resolution on 
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1 the budget or the Balanced Budget and Emergency Deficit 

2 Control Act of 1985: Provided further, That such authority 

3 to transfer may not be used unless for higher priority items, 

4 based on emergent healthcare requirements, than those for 

5 which originally appropriated and in no case where the 

6 item for which funds are requested has been denied by Con7 gress: Provided further, That, upon determination that all 

8 or part of the funds transferred from an appropriation are 

9 not necessary, such amounts may be transferred back to that 

10 appropriation and shall be available for the same purposes 

11 as originally appropriated: Provided further, That before 

12 a transfer may take place, the Secretary of Veterans Affairs 

13 shall request from the Committees on Appropriations of 

14 both Houses of Congress the authority to make the transfer 

15 and receive approval of that request. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 235. Amounts made available for the Department 

18 of Veterans Affairs for fiscal year 2016, under the ‘‘Board 

19 of Veterans Appeals’’ and the ‘‘General Operating Expenses, 

20 Veterans Benefits Administration’’ accounts may be trans21 ferred between such accounts: Provided, That before a trans22 fer may take place, the Secretary of Veterans Affairs shall 

23 request from the Committees on Appropriations of both 

24 Houses of Congress the authority to make the transfer and 

25 receive approval from such Committees for such request. 
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1 (RESCISSION OF FUNDS)

2 SEC. 236. Of the unobligated balances available within 

3 the ‘‘DOD–VA Health Care Sharing Incentive Fund’’, 

4 $30,000,000 are hereby rescinded. 

5 SEC. 237. The Secretary of Veterans Affairs may not 

6 reprogram funds among major construction projects or pro7 grams if such instance of reprogramming will exceed 

8 $5,000,000, unless such reprogramming is approved by the 

9 Committees on Appropriations of both Houses of Congress. 

10 SEC. 238. Section 2302(a)(2)(A)(viii) of title 5, United 

11 States Code, is amended by inserting ‘‘or under title 38’’ 

12 after ‘‘of this title’’. 

13 SEC. 239. Section 312 of title 38, United States Code, 

14 is amended by adding at the end the following new sub15 section: 

16 ‘‘(c)(1) Whenever the Inspector General, in carrying 

17 out the duties and responsibilities established under the In18 spector General Act of 1978 (5 U.S.C. App.), issues a work 

19 product that makes a recommendation or otherwise suggests 

20 corrective action, the Inspector General shall— 

21 ‘‘(A) submit the work product to— 

22 ‘‘(i) the Secretary; 

23 ‘‘(ii) the Committee on Veterans’ Af24 fairs, the Committee on Homeland Security 
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•HR 2029 EAH 

1 and Governmental Affairs, and the Com2 mittee on Appropriations of the Senate; 

3 ‘‘(iii) the Committee on Veterans’ Af4 fairs, the Committee on Oversight and Gov5 ernment Reform, and the Committee on Ap6 propriations of the House of Representa7 tives; 

8 ‘‘(iv) if the work product was initiated 

9 upon request by an individual or entity 

10 other than the Inspector General, that indi11 vidual or entity; and 

12 ‘‘(v) any Member of Congress upon re13 quest; and 

14 ‘‘(B) the Inspector General shall submit all 

15 final work products to— 

16 ‘‘(i) if the work product was initiated 

17 upon request by an individual or entity 

18 other than the Inspector General, that indi19 vidual or entity; and 

20 ‘‘(ii) any Member of Congress upon re21 quest; and 

22 ‘‘(C) not later than 3 days after the work 

23 product is submitted in final form to the Sec24 retary, post the work product on the Internet 

25 website of the Inspector General. 
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1 ‘‘(2) Nothing in this subsection shall be construed 

2 to authorize the public disclosure of information that 

3 is specifically prohibited from disclosure by any other 

4 provision of law.’’. 

5 SEC. 240. None of the funds provided in this Act may 

6 be used to pay the salary of any individual who (a) was 

7 the Executive Director of the Office of Acquisition, Logistics 

8 and Construction, and (b) who retired from Federal service 

9 in the midst of an investigation, initiated by the Depart10 ment of Veterans Affairs, into delays and cost overruns as11 sociated with the design and construction of the new med12 ical center in Aurora, Colorado. 

13 SEC. 241. None of the funds appropriated in this or 

14 prior appropriations Acts or otherwise made available to 

15 the Department of Veterans Affairs may be used to transfer 

16 any amounts from the Filipino Veterans Equity Compensa17 tion Fund to any other account within the Department of 

18 Veterans Affairs. 

19 SEC. 242. None of the amounts appropriated or other20 wise made available by title II may be used to carry out 

21 the Home Marketing Incentive Program of the Department 

22 of Veterans Affairs or to carry out the Appraisal Value 

23 Offer Program of the Department with respect to an em24 ployee of the Department in a senior executive position (as 

25 defined in section 713(g) of title 38, United States Code): 
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•HR 2029 EAH 

1 Provided, That the Secretary may waive this prohibition 

2 with respect to the use of the Home Marketing Incentive 

3 Program and Appraisal Value Offer Program to recruit for 

4 a position for which recruitment or retention of qualified 

5 personnel is likely to be difficult in the absence of the use 

6 of these incentives: Provided further, That within 15 days 

7 of a determination by the Secretary to waive this prohibi8 tion, the Secretary shall submit written notification thereof 

9 to the Committees on Appropriations of both Houses of Con10 gress containing the reasons and identifying the position 

11 title for which the waiver has been issued. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 243. There is hereby established in the Treasury 

14 of the United States a fund to be known as the ‘‘Recurring 

15 Expenses Transformational Fund’’ (the Fund): Provided, 

16 That unobligated balances of expired discretionary funds 

17 appropriated in this or any succeeding fiscal year from the 

18 General Fund of the Treasury to the Department of Vet19 erans Affairs by this or any other Act may be transferred 

20 (at the end of the fifth fiscal year after the last fiscal year 

21 for which such funds are available for the purposes for 

22 which appropriated) into the Fund: Provided further, That 

23 amounts deposited in the Fund shall be available until ex24 pended, and in addition to such other funds as may be 

25 available for such purposes, for facilities infrastructure im-
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•HR 2029 EAH 

1 provements, including nonrecurring maintenance, at exist2 ing hospitals and clinics of the Veterans Health Adminis3 tration, and information technology systems improvements 

4 and sustainment, subject to approval by the Office of Man5 agement and Budget: Provided further, That prior to obli6 gation of any amounts in the Fund, the Secretary of Vet7 erans Affairs shall request from the Committees on Appro8 priations of both Houses of Congress the authority to make 

9 such obligation and such Committees issue an approval, or 

10 absent a response, a period of 30 days has elapsed. 

11 TITLE III 

12 RELATED AGENCIES 

13 AMERICAN BATTLE MONUMENTS COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses, not otherwise provided for, of 

16 the American Battle Monuments Commission, including the 

17 acquisition of land or interest in land in foreign countries; 

18 purchases and repair of uniforms for caretakers of national 

19 cemeteries and monuments outside of the United States and 

20 its territories and possessions; rent of office and garage 

21 space in foreign countries; purchase (one-for-one replace22 ment basis only) and hire of passenger motor vehicles; not 

23 to exceed $7,500 for official reception and representation 

24 expenses; and insurance of official motor vehicles in foreign 
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•HR 2029 EAH 

1 countries, when required by law of such countries, 

2 $105,100,000, to remain available until expended. 

3 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

4 For necessary expenses, not otherwise provided for, of 

5 the American Battle Monuments Commission, such sums as 

6 may be necessary, to remain available until expended, for 

7 purposes authorized by section 2109 of title 36, United 

8 States Code. 

9 UNITED STATES COURT OF APPEALS FOR VETERANS

10 CLAIMS

11 SALARIES AND EXPENSES

12 For necessary expenses for the operation of the United 

13 States Court of Appeals for Veterans Claims as authorized 

14 by sections 7251 through 7298 of title 38, United States 

15 Code, $32,141,000: Provided, That $2,500,000 shall be 

16 available for the purpose of providing financial assistance 

17 as described, and in accordance with the process and report18 ing procedures set forth, under this heading in Public Law 

19 102–229. 

20 DEPARTMENT OF DEFENSE—CIVIL

21 CEMETERIAL EXPENSES, ARMY

22 SALARIES AND EXPENSES

23 For necessary expenses for maintenance, operation, 

24 and improvement of Arlington National Cemetery and Sol25 diers’ and Airmen’s Home National Cemetery, including 
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1 the purchase or lease of passenger motor vehicles for replace2 ment on a one-for-one basis only, and not to exceed $1,000 

3 for official reception and representation expenses, 

4 $79,516,000, of which not to exceed $15,000,000 shall re5 main available until September 30, 2018. In addition, such 

6 sums as may be necessary for parking maintenance, repairs 

7 and replacement, to be derived from the ‘‘Lease of Depart8 ment of Defense Real Property for Defense Agencies’’ ac9 count. 

10 ARMED FORCES RETIREMENT HOME

11 TRUST FUND

12 For expenses necessary for the Armed Forces Retire13 ment Home to operate and maintain the Armed Forces Re14 tirement Home—Washington, District of Columbia, and the 

15 Armed Forces Retirement Home—Gulfport, Mississippi, to 

16 be paid from funds available in the Armed Forces Retire17 ment Home Trust Fund, $64,300,000, of which $1,000,000 

18 shall remain available until expended for construction and 

19 renovation of the physical plants at the Armed Forces Re20 tirement Home—Washington, District of Columbia, and the 

21 Armed Forces Retirement Home—Gulfport, Mississippi: 

22 Provided, That of the amounts made available under this 

23 heading from funds available in the Armed Forces Retire24 ment Home Trust Fund, $20,000,000 shall be paid from 

25 the general fund of the Treasury to the Trust Fund. 
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1 ADMINISTRATIVE PROVISIONS

2 SEC. 301. Funds appropriated in this Act under the 

3 heading ‘‘Department of Defense—Civil, Cemeterial Ex4 penses, Army’’, may be provided to Arlington County, Vir5 ginia, for the relocation of the federally owned water main 

6 at Arlington National Cemetery, making additional land 

7 available for ground burials. 

8 SEC. 302. Amounts deposited into the special account 

9 established under 10 U.S.C. 4727 are appropriated and 

10 shall be available until expended to support activities at 

11 the Army National Military Cemeteries. 

12 TITLE IV 

13 GENERAL PROVISIONS 

14 SEC. 401. No part of any appropriation contained in 

15 this Act shall remain available for obligation beyond the 

16 current fiscal year unless expressly so provided herein. 

17 SEC. 402. None of the funds made available in this 

18 Act may be used for any program, project, or activity, when 

19 it is made known to the Federal entity or official to which 

20 the funds are made available that the program, project, or 

21 activity is not in compliance with any Federal law relating 

22 to risk assessment, the protection of private property rights, 

23 or unfunded mandates. 

24 SEC. 403. All departments and agencies funded under 

25 this Act are encouraged, within the limits of the existing 
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•HR 2029 EAH 

1 statutory authorities and funding, to expand their use of 

2 ‘‘E-Commerce’’ technologies and procedures in the conduct 

3 of their business practices and public service activities. 

4 SEC. 404. Unless stated otherwise, all reports and noti5 fications required by this Act shall be submitted to the Sub6 committee on Military Construction and Veterans Affairs, 

7 and Related Agencies of the Committee on Appropriations 

8 of the House of Representatives and the Subcommittee on 

9 Military Construction and Veterans Affairs, and Related 

10 Agencies of the Committee on Appropriations of the Senate. 

11 SEC. 405. None of the funds made available in this 

12 Act may be transferred to any department, agency, or in13 strumentality of the United States Government except pur14 suant to a transfer made by, or transfer authority provided 

15 in, this or any other appropriations Act. 

16 SEC. 406. None of the funds made available in this 

17 Act may be used for a project or program named for an 

18 individual serving as a Member, Delegate, or Resident Com19 missioner of the United States House of Representatives. 

20 SEC. 407. (a) Any agency receiving funds made avail21 able in this Act, shall, subject to subsections (b) and (c), 

22 post on the public Web site of that agency any report re23 quired to be submitted by the Congress in this or any other 

24 Act, upon the determination by the head of the agency that 

25 it shall serve the national interest. 
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1 (b) Subsection (a) shall not apply to a report if— 

2 (1) the public posting of the report compromises 

3 national security; or 

4 (2) the report contains confidential or propri5 etary information. 

6 (c) The head of the agency posting such report shall 

7 do so only after such report has been made available to the 

8 requesting Committee or Committees of Congress for no less 

9 than 45 days. 

10 SEC. 408. (a) None of the funds made available in this 

11 Act may be used to maintain or establish a computer net12 work unless such network blocks the viewing, downloading, 

13 and exchanging of pornography. 

14 (b) Nothing in subsection (a) shall limit the use of 

15 funds necessary for any Federal, State, tribal, or local law 

16 enforcement agency or any other entity carrying out crimi17 nal investigations, prosecution, or adjudication activities. 

18 SEC. 409. None of the funds made available in this 

19 Act may be used by an agency of the executive branch to 

20 pay for first-class travel by an employee of the agency in 

21 contravention of sections 301–10.122 through 301–10.124 of 

22 title 41, Code of Federal Regulations. 

23 SEC. 410. None of the funds made available in this 

24 Act may be used to execute a contract for goods or services, 
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•HR 2029 EAH 

1 including construction services, where the contractor has 

2 not complied with Executive Order No. 12989. 

3 SEC. 411. None of the funds made available by this 

4 Act may be used by the Department of Defense or the De5 partment of Veterans Affairs to lease or purchase new light 

6 duty vehicles for any executive fleet, or for an agency’s fleet 

7 inventory, except in accordance with Presidential Memo8 randum—Federal Fleet Performance, dated May 24, 2011. 

9 SEC. 412. (a) IN GENERAL.—None of the funds appro10 priated or otherwise made available to the Department of 

11 Defense in this Act may be used to construct, renovate, or 

12 expand any facility in the United States, its territories, or 

13 possessions to house any individual detained at United 

14 States Naval Station, Guanta ́namo Bay, Cuba, for the pur15 poses of detention or imprisonment in the custody or under 

16 the control of the Department of Defense. 

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; and 

25 (2) is— 
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•HR 2029 EAH 

1 (A) in the custody or under the effective 

2 control of the Department of Defense; or 

3 (B) otherwise under detention at United 

4 States Naval Station, Guanta ́namo Bay, Cuba. 

5 This division may be cited as the ‘‘Military Construc6 tion, Veterans Affairs, and Related Agencies Appropria7 tions Act, 2016’’. 

8 DIVISION K—DEPARTMENT OF STATE, 

9 FOREIGN OPERATIONS, AND RELATED 

10 PROGRAMS APPROPRIATIONS ACT, 

11 2016 

12 TITLE I 

13 DEPARTMENT OF STATE AND RELATED AGENCY 

14 DEPARTMENT OF STATE 

15 ADMINISTRATION OF FOREIGN AFFAIRS

16 DIPLOMATIC AND CONSULAR PROGRAMS

17 For necessary expenses of the Department of State and 

18 the Foreign Service not otherwise provided for, 

19 $5,622,170,000, of which up to $629,055,000 may remain 

20 available until September 30, 2017, and of which up to 

21 $1,428,468,000 may remain available until expended for 

22 Worldwide Security Protection: Provided, That funds made 

23 available under this heading shall be allocated in accord24 ance with paragraphs (1) through (4) as follows: 
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1 (1) HUMAN RESOURCES.—For necessary ex2 penses for training, human resources management, 

3 and salaries, including employment without regard to 

4 civil service and classification laws of persons on a 

5 temporary basis (not to exceed $700,000), as author6 ized by section 801 of the United States Information 

7 and Educational Exchange Act of 1948, 

8 $2,181,622,000, of which up to $358,833,000 is for 

9 Worldwide Security Protection. 

10 (2) OVERSEAS PROGRAMS.—For necessary ex11 penses for the regional bureaus of the Department of 

12 State and overseas activities as authorized by law, 

13 $1,561,840,000. 

14 (3) DIPLOMATIC POLICY AND SUPPORT.—For 

15 necessary expenses for the functional bureaus of the 

16 Department of State, including representation to cer17 tain international organizations in which the United 

18 States participates pursuant to treaties ratified pur19 suant to the advice and consent of the Senate or spe20 cific Acts of Congress, general administration, and 

21 arms control, nonproliferation and disarmament ac22 tivities as authorized, $791,121,000. 

23 (4) SECURITY PROGRAMS.—For necessary ex24 penses for security activities, $1,087,587,000, of which 
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1 up to $1,069,635,000 is for Worldwide Security Pro2 tection. 

3 (5) FEES AND PAYMENTS COLLECTED.—In addi4 tion to amounts otherwise made available under this 

5 heading— 

6 (A) not to exceed $1,840,900 shall be derived 

7 from fees collected from other executive agencies 

8 for lease or use of facilities located at the Inter9 national Center in accordance with section 4 of 

10 the International Center Act, and, in addition, 

11 as authorized by section 5 of such Act, $743,000, 

12 to be derived from the reserve authorized by that 

13 section, to be used for the purposes set out in 

14 that section; 

15 (B) as authorized by section 810 of the 

16 United States Information and Educational Ex17 change Act, not to exceed $5,000,000, to remain 

18 available until expended, may be credited to this 

19 appropriation from fees or other payments re20 ceived from English teaching, library, motion 

21 pictures, and publication programs and from 

22 fees from educational advising and counseling 

23 and exchange visitor programs; and 
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•HR 2029 EAH 

1 (C) not to exceed $15,000, which shall be de2 rived from reimbursements, surcharges, and fees 

3 for use of Blair House facilities. 

4 (6) TRANSFER, REPROGRAMMING, AND OTHER

5 MATTERS.— 

6 (A) Notwithstanding any other provision of 

7 this Act, funds may be reprogrammed within 

8 and between paragraphs (1) through (4) under 

9 this heading subject to section 7015 of this Act. 

10 (B) Of the amount made available under 

11 this heading, not to exceed $10,000,000 may be 

12 transferred to, and merged with, funds made 

13 available by this Act under the heading ‘‘Emer14 gencies in the Diplomatic and Consular Serv15 ice’’, to be available only for emergency evacu16 ations and rewards, as authorized. 

17 (C) Funds appropriated under this heading 

18 are available for acquisition by exchange or pur19 chase of passenger motor vehicles as authorized 

20 by law and, pursuant to section 1108(g) of title 

21 31, United States Code, for the field examination 

22 of programs and activities in the United States 

23 funded from any account contained in this title. 

24 (D) Funds appropriated under this heading 

25 may be made available for Conflict Stabilization 
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1 Operations and for related reconstruction and 

2 stabilization assistance to prevent or respond to 

3 conflict or civil strife in foreign countries or re4 gions, or to enable transition from such strife. 

5 (E) Funds appropriated under this heading 

6 in this Act that are designated for Worldwide Se7 curity Protection shall continue to be made 

8 available for support of security-related training 

9 at sites in existence prior to the enactment of 

10 this Act: Provided, That in addition to such 

11 funds, up to $99,113,000 of the funds made 

12 available under this heading in this Act may be 

13 obligated for a Foreign Affairs Security Train14 ing Center (FASTC) only after the Secretary of 

15 State— 

16 (i) submits to the appropriate congres17 sional committees a comprehensive analysis 

18 of a minimum of three different locations 

19 for FASTC assessing the feasibility and 

20 comparing the costs and benefits of deliv21 ering training at each such location; and 

22 (ii) notifies the appropriate congres23 sional committees at least 15 days in ad24 vance of such obligation: Provided, That 

25 such notification shall also include a jus-
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1 tification for any decision made by the De2 partment of State to obligate funds for 

3 FASTC. 

4 (F) None of the funds appropriated under 

5 this heading may be used for the preservation of 

6 religious sites unless the Secretary of State deter7 mines and reports to the Committees on Appro8 priations that such sites are historically, artis9 tically, or culturally significant, that the purpose 

10 of the project is neither to advance nor to inhibit 

11 the free exercise of religion, and that the project 

12 is in the national interest of the United States. 

13 CAPITAL INVESTMENT FUND

14 For necessary expenses of the Capital Investment 

15 Fund, $66,400,000, to remain available until expended, as 

16 authorized. 

17 OFFICE OF INSPECTOR GENERAL

18 For necessary expenses of the Office of Inspector Gen19 eral, $72,700,000, notwithstanding section 209(a)(1) of the 

20 Foreign Service Act of 1980 (Public Law 96–465), as it 

21 relates to post inspections: Provided, That of the funds ap22 propriated under this heading, $10,905,000 may remain 

23 available until September 30, 2017. 
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1 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

2 For expenses of educational and cultural exchange pro3 grams, as authorized, $590,900,000, to remain available 

4 until expended, of which not less than $236,000,000 shall 

5 be for the Fulbright Program and not less than 

6 $102,000,000 shall be for Citizen Exchange Program, in7 cluding $4,000,000 for the Congress-Bundestag Youth Ex8 change: Provided, That fees or other payments received 

9 from, or in connection with, English teaching, educational 

10 advising and counseling programs, and exchange visitor 

11 programs as authorized may be credited to this account, 

12 to remain available until expended: Provided further, That 

13 not later than 45 days after enactment of this Act, the Sec14 retary of State shall submit a report to the Committees on 

15 Appropriations detailing modifications made to existing 

16 educational and cultural exchange programs since calendar 

17 year 2014, including for special academic and special pro18 fessional and cultural exchanges: Provided further, That a 

19 portion of the Fulbright awards from the Eurasia and Cen20 tral Asia regions shall be designated as Edmund S. Muskie 

21 Fellowships, following consultation with the Committees on 

22 Appropriations: Provided further, That Department of 

23 State-designated sponsors may not issue a Form DS–2019 

24 (Certificate of Eligibility for Exchange Visitor (J–1) Sta25 tus) to place student participants in seafood product prepa-
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•HR 2029 EAH 

1 ration or packaging positions in the Summer Work Travel 

2 program in fiscal year 2016 unless prior to issuing such 

3 Form the sponsor provides to the Secretary of State a de4 scription of such program and verifies in writing to the 

5 Secretary that such program fully complies with part 62 

6 of title 22 of the Code of Federal Regulations, notwith7 standing subsection 62.32(h)(16) of such part, and with the 

8 requirements specified under this heading in the explana9 tory statement described in section 4 (in the matter pre10 ceding division A of this Consolidated Act): Provided fur11 ther, That any substantive modifications from the prior fis12 cal year to programs funded by this Act under this heading 

13 shall be subject to prior consultation with, and the regular 

14 notification procedures of, the Committees on Appropria15 tions. 

16 REPRESENTATION EXPENSES

17 For representation expenses as authorized, $8,030,000. 

18 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

19 For expenses, not otherwise provided, to enable the Sec20 retary of State to provide for extraordinary protective serv21 ices, as authorized, $30,036,000, to remain available until 

22 September 30, 2017. 

23 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

24 For necessary expenses for carrying out the Foreign 

25 Service Buildings Act of 1926 (22 U.S.C. 292 et seq.), pre-
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•HR 2029 EAH 

1 serving, maintaining, repairing, and planning for build2 ings that are owned or directly leased by the Department 

3 of State, renovating, in addition to funds otherwise avail4 able, the Harry S Truman Building, and carrying out the 

5 Diplomatic Security Construction Program as authorized, 

6 $785,097,000, to remain available until expended as au7 thorized, of which not to exceed $25,000 may be used for 

8 domestic and overseas representation expenses as author9 ized: Provided, That none of the funds appropriated in this 

10 paragraph shall be available for acquisition of furniture, 

11 furnishings, or generators for other departments and agen12 cies. 

13 In addition, for the costs of worldwide security up14 grades, acquisition, and construction as authorized, 

15 $688,799,000, to remain available until expended: Pro16 vided, That not later than 45 days after enactment of this 

17 Act, the Secretary of State shall submit to the Committees 

18 on Appropriations the proposed allocation of funds made 

19 available under this heading and the actual and antici20 pated proceeds of sales for all projects in fiscal year 2016. 

21 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

22 SERVICE

23 For necessary expenses to enable the Secretary of State 

24 to meet unforeseen emergencies arising in the Diplomatic 

25 and Consular Service, $7,900,000, to remain available until 
1101 

•HR 2029 EAH 

1 expended as authorized, of which not to exceed $1,000,000 

2 may be transferred to, and merged with, funds appro3 priated by this Act under the heading ‘‘Repatriation Loans 

4 Program Account’’, subject to the same terms and condi5 tions. 

6 REPATRIATION LOANS PROGRAM ACCOUNT

7 For the cost of direct loans, $1,300,000, as authorized: 

8 Provided, That such costs, including the cost of modifying 

9 such loans, shall be as defined in section 502 of the Congres10 sional Budget Act of 1974: Provided further, That such 

11 funds are available to subsidize gross obligations for the 

12 principal amount of direct loans not to exceed $2,444,528. 

13 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

14 For necessary expenses to carry out the Taiwan Rela15 tions Act (Public Law 96–8), $30,000,000. 

16 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

17 DISABILITY FUND

18 For payment to the Foreign Service Retirement and 

19 Disability Fund, as authorized, $158,900,000. 

20 INTERNATIONAL ORGANIZATIONS

21 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

22 For necessary expenses, not otherwise provided for, to 

23 meet annual obligations of membership in international 

24 multilateral organizations, pursuant to treaties ratified 

25 pursuant to the advice and consent of the Senate, conven-
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•HR 2029 EAH 

1 tions or specific Acts of Congress, $1,344,458,000: Provided, 

2 That the Secretary of State shall, at the time of the submis3 sion of the President’s budget to Congress under section 

4 1105(a) of title 31, United States Code, transmit to the 

5 Committees on Appropriations the most recent biennial 

6 budget prepared by the United Nations for the operations 

7 of the United Nations: Provided further, That the Secretary 

8 of State shall notify the Committees on Appropriations at 

9 least 15 days in advance (or in an emergency, as far in 

10 advance as is practicable) of any United Nations action 

11 to increase funding for any United Nations program with12 out identifying an offsetting decrease elsewhere in the 

13 United Nations budget: Provided further, That not later 

14 than May 1, 2016, and 30 days after the end of fiscal year 

15 2016, the Secretary of State shall report to the Committees 

16 on Appropriations any credits available to the United 

17 States, including from the United Nations Tax Equali18 zation Fund, and provide updated fiscal year 2016 and fis19 cal year 2017 assessment costs including offsets from avail20 able credits and updated foreign currency exchange rates: 

21 Provided further, That any such credits shall only be avail22 able for United States assessed contributions to the United 

23 Nations and the Committees on Appropriations shall be no24 tified when such credits are applied to any assessed con25 tribution, including any payment of arrearages: Provided 
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•HR 2029 EAH 

1 further, That any notification regarding funds appro2 priated or otherwise made available under this heading in 

3 this Act or prior Acts making appropriations for the De4 partment of State, foreign operations, and related programs 

5 submitted pursuant to section 7015 of this Act, section 34 

6 of the State Department Basic Authorities Act of 1956 (22 

7 U.S.C. 2706), or any operating plan submitted pursuant 

8 to section 7076 of this Act, shall include an estimate of all 

9 known credits currently available to the United States and 

10 provide updated assessment costs including offsets from 

11 available credits and updated foreign currency exchange 

12 rates: Provided further, That any payment of arrearages 

13 under this heading shall be directed to activities that are 

14 mutually agreed upon by the United States and the respec15 tive international organization and shall be subject to the 

16 regular notification procedures of the Committees on Appro17 priations: Provided further, That none of the funds appro18 priated under this heading shall be available for a United 

19 States contribution to an international organization for the 

20 United States share of interest costs made known to the 

21 United States Government by such organization for loans 

22 incurred on or after October 1, 1984, through external bor23 rowings: Provided further, That the Secretary of State shall 

24 review the budgetary and personnel procedures of the 

25 United Nations and affiliated agencies funded under this 
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•HR 2029 EAH 

1 heading and, not later than 180 days after enactment of 

2 this Act, submit a report to the Committees on Appropria3 tions on steps taken at each agency to eliminate unneces4 sary administrative costs and duplicative activities and en5 sure that personnel practices are transparent and merit6 based. 

7 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

8 ACTIVITIES

9 For necessary expenses to pay assessed and other ex10 penses of international peacekeeping activities directed to 

11 the maintenance or restoration of international peace and 

12 security, $666,574,000, of which 15 percent shall remain 

13 available until September 30, 2017: Provided, That none 

14 of the funds made available by this Act shall be obligated 

15 or expended for any new or expanded United Nations peace16 keeping mission unless, at least 15 days in advance of vot17 ing for such mission in the United Nations Security Coun18 cil (or in an emergency as far in advance as is practicable), 

19 the Committees on Appropriations are notified of: (1) the 

20 estimated cost and duration of the mission, the objectives 

21 of the mission, the national interest that will be served, and 

22 the exit strategy; and (2) the sources of funds, including 

23 any reprogrammings and transfers, that will be used to pay 

24 the cost of the new or expanded mission, and the estimated 

25 cost in future fiscal years: Provided further, That none of 
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•HR 2029 EAH 

1 the funds appropriated under this heading may be made 

2 available for obligation unless the Secretary of State cer3 tifies and reports to the Committees on Appropriations on 

4 a peacekeeping mission-by-mission basis that the United 

5 Nations is implementing effective policies and procedures 

6 to prevent United Nations employees, contractor personnel, 

7 and peacekeeping troops serving in such mission from traf8 ficking in persons, exploiting victims of trafficking, or com9 mitting acts of illegal sexual exploitation or other violations 

10 of human rights, and to bring to justice individuals who 

11 engage in such acts while participating in such mission, 

12 including prosecution in their home countries and making 

13 information about such prosecutions publicly available on 

14 the Web site of the United Nations: Provided further, That 

15 funds shall be available for peacekeeping expenses unless the 

16 Secretary of State determines that American manufacturers 

17 and suppliers are not being given opportunities to provide 

18 equipment, services, and material for United Nations peace19 keeping activities equal to those being given to foreign man20 ufacturers and suppliers: Provided further, That the Sec21 retary of State shall work with the United Nations and for22 eign governments contributing peacekeeping troops to im23 plement effective vetting procedures to ensure that such 

24 troops have not violated human rights: Provided further, 

25 That none of the funds appropriated or otherwise made 
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•HR 2029 EAH 

1 available under this heading may be used for any United 

2 Nations peacekeeping mission that will involve United 

3 States Armed Forces under the command or operational 

4 control of a foreign national, unless the President’s military 

5 advisors have submitted to the President a recommendation 

6 that such involvement is in the national interest of the 

7 United States and the President has submitted to Congress 

8 such a recommendation: Provided further, That not later 

9 than May 1, 2016, and 30 days after the end of fiscal year 

10 2016, the Secretary of State shall report to the Committees 

11 on Appropriations any credits available to the United 

12 States, including those resulting from United Nations 

13 peacekeeping missions or the United Nations Tax Equali14 zation Fund, and provide updated fiscal year 2016 and fis15 cal year 2017 assessment costs including offsets from avail16 able credits: Provided further, That any such credits shall 

17 only be available for United States assessed contributions 

18 to the United Nations, and the Committees on Appropria19 tions shall be notified when such credits are applied to any 

20 assessed contribution, including any payment of arrearages: 

21 Provided further, That any notification regarding funds 

22 appropriated or otherwise made available under this head23 ing in this Act or prior Acts making appropriations for 

24 the Department of State, foreign operations, and related 

25 programs submitted pursuant to section 7015 of this Act, 
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•HR 2029 EAH 

1 section 34 of the State Department Basic Authorities Act 

2 of 1956 (22 U.S.C. 2706), or any operating plan submitted 

3 pursuant to section 7076 of this Act, shall include an esti4 mate of all known credits currently available to the United 

5 States and provide updated assessment costs including off6 sets from available credits: Provided further, That any pay7 ment of arrearages with funds appropriated by this Act 

8 shall be subject to the regular notification procedures of the 

9 Committees on Appropriations: Provided further, That the 

10 Secretary of State shall work with the United Nations and 

11 members of the United Nations Security Council to evaluate 

12 and prioritize peacekeeping missions, and to consider a 

13 draw down when mission goals have been substantially 

14 achieved: Provided further, That notwithstanding any other 

15 provision of law, funds appropriated or otherwise made 

16 available under this heading shall be available for United 

17 States assessed contributions up to the amount specified in 

18 Annex IV accompanying United Nations General Assembly 

19 Resolution 64/220: Provided further, That such funds may 

20 be made available above the amount authorized in section 

21 404(b)(2)(B) of the Foreign Relations Authorization Act, 

22 Fiscal Years 1994 and 1995 (22 U.S.C. 287e note) only if 

23 the Secretary of State determines and reports to the appro24 priate congressional committees that it is important to the 

25 national interest of the United States. 
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•HR 2029 EAH 

1 INTERNATIONAL COMMISSIONS

2 For necessary expenses, not otherwise provided for, to 

3 meet obligations of the United States arising under treaties, 

4 or specific Acts of Congress, as follows: 

5 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

6 UNITED STATES AND MEXICO

7 For necessary expenses for the United States Section 

8 of the International Boundary and Water Commission, 

9 United States and Mexico, and to comply with laws appli10 cable to the United States Section, including not to exceed 

11 $6,000 for representation expenses; as follows: 

12 SALARIES AND EXPENSES

13 For salaries and expenses, not otherwise provided for, 

14 $45,307,000. 

15 CONSTRUCTION

16 For detailed plan preparation and construction of au17 thorized projects, $28,400,000, to remain available until ex18 pended, as authorized. 

19 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

20 For necessary expenses, not otherwise provided, for the 

21 International Joint Commission and the International 

22 Boundary Commission, United States and Canada, as au23 thorized by treaties between the United States and Canada 

24 or Great Britain, and the Border Environment Cooperation 

25 Commission as authorized by the North American Free 
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•HR 2029 EAH 

1 Trade Agreement Implementation Act (Public Law 103– 

2 182), $12,330,000: Provided, That of the amount provided 

3 under this heading for the International Joint Commission, 

4 up to $500,000 may remain available until September 30, 

5 2017, and $9,000 may be made available for representation 

6 expenses. 

7 INTERNATIONAL FISHERIES COMMISSIONS

8 For necessary expenses for international fisheries com9 missions, not otherwise provided for, as authorized by law, 

10 $36,681,000: Provided, That the United States share of such 

11 expenses may be advanced to the respective commissions 

12 pursuant to section 3324 of title 31, United States Code. 

13 RELATED AGENCY 

14 BROADCASTING BOARD OF GOVERNORS

15 INTERNATIONAL BROADCASTING OPERATIONS

16 For necessary expenses to enable the Broadcasting 

17 Board of Governors (BBG), as authorized, to carry out 

18 international communication activities, and to make and 

19 supervise grants for radio, Internet, and television broad20 casting to the Middle East, $734,087,000: Provided, That 

21 in addition to amounts otherwise available for such pur22 poses, up to $31,135,000 of the amount appropriated under 

23 this heading may remain available until expended for sat24 ellite transmissions and Internet freedom programs, of 

25 which not less than $15,000,000 shall be for Internet free-
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•HR 2029 EAH 

1 dom programs: Provided further, That of the total amount 

2 appropriated under this heading, not to exceed $35,000 

3 may be used for representation expenses, of which $10,000 

4 may be used for such expenses within the United States as 

5 authorized, and not to exceed $30,000 may be used for rep6 resentation expenses of Radio Free Europe/Radio Liberty: 

7 Provided further, That the authority provided by section 

8 504(c) of the Foreign Relations Authorization Act, Fiscal 

9 Year 2003 (Public Law 107–228; 22 U.S.C. 6206 note) shall 

10 remain in effect through September 30, 2016: Provided fur11 ther, That the BBG shall notify the Committees on Appro12 priations within 15 days of any determination by the 

13 Board that any of its broadcast entities, including its 

14 grantee organizations, provides an open platform for inter15 national terrorists or those who support international ter16 rorism, or is in violation of the principles and standards 

17 set forth in subsections (a) and (b) of section 303 of the 

18 United States International Broadcasting Act of 1994 (22 

19 U.S.C. 6202) or the entity’s journalistic code of ethics: Pro20 vided further, That significant modifications to BBG 

21 broadcast hours previously justified to Congress, including 

22 changes to transmission platforms (shortwave, medium 

23 wave, satellite, Internet, and television), for all BBG lan24 guage services shall be subject to the regular notification 

25 procedures of the Committees on Appropriations: Provided 
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•HR 2029 EAH 

1 further, That in addition to funds made available under 

2 this heading, and notwithstanding any other provision of 

3 law, up to $5,000,000 in receipts from advertising and rev4 enue from business ventures, up to $500,000 in receipts 

5 from cooperating international organizations, and up to 

6 $1,000,000 in receipts from privatization efforts of the Voice 

7 of America and the International Broadcasting Bureau, 

8 shall remain available until expended for carrying out au9 thorized purposes. 

10 BROADCASTING CAPITAL IMPROVEMENTS

11 For the purchase, rent, construction, repair, preserva12 tion, and improvement of facilities for radio, television, and 

13 digital transmission and reception; the purchase, rent, and 

14 installation of necessary equipment for radio, television, 

15 and digital transmission and reception, including to Cuba, 

16 as authorized; and physical security worldwide, in addition 

17 to amounts otherwise available for such purposes, 

18 $4,800,000, to remain available until expended, as author19 ized. 

20 RELATED PROGRAMS 

21 THE ASIA FOUNDATION

22 For a grant to The Asia Foundation, as authorized 

23 by The Asia Foundation Act (22 U.S.C. 4402), $17,000,000, 

24 to remain available until expended. 
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1 UNITED STATES INSTITUTE OF PEACE

2 For necessary expenses of the United States Institute 

3 of Peace, as authorized by the United States Institute of 

4 Peace Act (22 U.S.C. 4601 et seq.), $35,300,000, to remain 

5 available until September 30, 2017, which shall not be used 

6 for construction activities. 

7 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

8 TRUST FUND

9 For necessary expenses of the Center for Middle East10 ern-Western Dialogue Trust Fund, as authorized by section 

11 633 of the Departments of Commerce, Justice, and State, 

12 the Judiciary, and Related Agencies Appropriations Act, 

13 2004 (22 U.S.C. 2078), the total amount of the interest and 

14 earnings accruing to such Fund on or before September 30, 

15 2016, to remain available until expended. 

16 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

17 For necessary expenses of Eisenhower Exchange Fel18 lowships, Incorporated, as authorized by sections 4 and 5 

19 of the Eisenhower Exchange Fellowship Act of 1990 (20 

20 U.S.C. 5204–5205), all interest and earnings accruing to 

21 the Eisenhower Exchange Fellowship Program Trust Fund 

22 on or before September 30, 2016, to remain available until 

23 expended: Provided, That none of the funds appropriated 

24 herein shall be used to pay any salary or other compensa25 tion, or to enter into any contract providing for the pay-
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•HR 2029 EAH 

1 ment thereof, in excess of the rate authorized by section 5376 

2 of title 5, United States Code; or for purposes which are 

3 not in accordance with section 200 of title 2 of the Code 

4 of Federal Regulations, including the restrictions on com5 pensation for personal services. 

6 ISRAELI ARAB SCHOLARSHIP PROGRAM

7 For necessary expenses of the Israeli Arab Scholarship 

8 Program, as authorized by section 214 of the Foreign Rela9 tions Authorization Act, Fiscal Years 1992 and 1993 (22 

10 U.S.C. 2452), all interest and earnings accruing to the 

11 Israeli Arab Scholarship Fund on or before September 30, 

12 2016, to remain available until expended. 

13 EAST-WEST CENTER

14 To enable the Secretary of State to provide for car15 rying out the provisions of the Center for Cultural and 

16 Technical Interchange Between East and West Act of 1960, 

17 by grant to the Center for Cultural and Technical Inter18 change Between East and West in the State of Hawaii, 

19 $16,700,000. 

20 NATIONAL ENDOWMENT FOR DEMOCRACY

21 For grants made by the Department of State to the 

22 National Endowment for Democracy, as authorized by the 

23 National Endowment for Democracy Act (22 U.S.C. 4412), 

24 $170,000,000, to remain available until expended, of which 

25 $117,500,000 shall be allocated in the traditional and cus-
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•HR 2029 EAH 

1 tomary manner, including for the core institutes, and 

2 $52,500,000 shall be for democracy programs. 

3 OTHER COMMISSIONS 

4 COMMISSION FOR THE PRESERVATION OF AMERICA’S

5 HERITAGE ABROAD

6 SALARIES AND EXPENSES

7 For necessary expenses for the Commission for the 

8 Preservation of America’s Heritage Abroad, $676,000, as 

9 authorized by chapter 3123 of title 54, United States Code: 

10 Provided, That the Commission may procure temporary, 

11 intermittent, and other services notwithstanding paragraph 

12 (3) of section 312304(b) of such chapter: Provided further, 

13 That such authority shall terminate on October 1, 2016: 

14 Provided further, That the Commission shall notify the 

15 Committees on Appropriations prior to exercising such au16 thority. 

17 UNITED STATES COMMISSION ON INTERNATIONAL

18 RELIGIOUS FREEDOM

19 SALARIES AND EXPENSES

20 For necessary expenses for the United States Commis21 sion on International Religious Freedom, as authorized by 

22 title II of the International Religious Freedom Act of 1998 

23 (22 U.S.C. 6431 et seq.), $3,500,000, to remain available 

24 until September 30, 2017, including not more than $4,000 

25 for representation expenses. 
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•HR 2029 EAH 

1 COMMISSION ON SECURITY AND COOPERATION IN EUROPE

2 SALARIES AND EXPENSES

3 For necessary expenses of the Commission on Security 

4 and Cooperation in Europe, as authorized by Public Law 

5 94–304, $2,579,000, including not more than $4,000 for 

6 representation expenses, to remain available until Sep7 tember 30, 2017. 

8 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

9 PEOPLE’S REPUBLIC OF CHINA

10 SALARIES AND EXPENSES

11 For necessary expenses of the Congressional-Executive 

12 Commission on the People’s Republic of China, as author13 ized by title III of the U.S.-China Relations Act of 2000 

14 (22 U.S.C. 6911 et seq.), $2,000,000, including not more 

15 than $3,000 for representation expenses, to remain avail16 able until September 30, 2017. 

17 UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

18 COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the United States-China 

21 Economic and Security Review Commission, as authorized 

22 by section 1238 of the Floyd D. Spence National Defense 

23 Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), 

24 $3,500,000, including not more than $4,000 for representa25 tion expenses, to remain available until September 30, 
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•HR 2029 EAH 

1 2017: Provided, That the authorities, requirements, limita2 tions, and conditions contained in the second through sixth 

3 provisos under this heading in the Department of State, 

4 Foreign Operations, and Related Programs Appropriations 

5 Act, 2010 (division F of Public Law 111–117) shall con6 tinue in effect during fiscal year 2016 and shall apply to 

7 funds appropriated under this heading as if included in 

8 this Act. 

9 TITLE II 

10 UNITED STATES AGENCY FOR INTERNATIONAL 

11 DEVELOPMENT 

12 FUNDS APPROPRIATED TO THE PRESIDENT

13 OPERATING EXPENSES

14 For necessary expenses to carry out the provisions of 

15 section 667 of the Foreign Assistance Act of 1961, 

16 $1,143,614,000, of which up to $171,542,000 may remain 

17 available until September 30, 2017: Provided, That none 

18 of the funds appropriated under this heading and under 

19 the heading ‘‘Capital Investment Fund’’ in this title may 

20 be made available to finance the construction (including ar21 chitect and engineering services), purchase, or long-term 

22 lease of offices for use by the United States Agency for Inter23 national Development (USAID), unless the USAID Admin24 istrator has identified such proposed use of funds in a re25 port submitted to the Committees on Appropriations at 
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•HR 2029 EAH 

1 least 15 days prior to the obligation of funds for such pur2 poses: Provided further, That contracts or agreements en3 tered into with funds appropriated under this heading may 

4 entail commitments for the expenditure of such funds 

5 through the following fiscal year: Provided further, That the 

6 authority of sections 610 and 109 of the Foreign Assistance 

7 Act of 1961 may be exercised by the Secretary of State to 

8 transfer funds appropriated to carry out chapter 1 of part 

9 I of such Act to ‘‘Operating Expenses’’ in accordance with 

10 the provisions of those sections: Provided further, That of 

11 the funds appropriated or made available under this head12 ing, not to exceed $250,000 may be available for representa13 tion and entertainment expenses, of which not to exceed 

14 $5,000 may be available for entertainment expenses, and 

15 not to exceed $100,500 shall be for official residence ex16 penses, for USAID during the current fiscal year. 

17 CAPITAL INVESTMENT FUND

18 For necessary expenses for overseas construction and 

19 related costs, and for the procurement and enhancement of 

20 information technology and related capital investments, 

21 pursuant to section 667 of the Foreign Assistance Act of 

22 1961, $168,300,000, to remain available until expended: 

23 Provided, That this amount is in addition to funds other24 wise available for such purposes: Provided further, That 

25 funds appropriated under this heading shall be available 
1118 

•HR 2029 EAH 

1 subject to the regular notification procedures of the Commit2 tees on Appropriations. 

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses to carry out the provisions of 

5 section 667 of the Foreign Assistance Act of 1961, 

6 $66,000,000, of which up to $9,900,000 may remain avail7 able until September 30, 2017, for the Office of Inspector 

8 General of the United States Agency for International De9 velopment. 

10 TITLE III 

11 BILATERAL ECONOMIC ASSISTANCE 

12 FUNDS APPROPRIATED TO THE PRESIDENT

13 For necessary expenses to enable the President to carry 

14 out the provisions of the Foreign Assistance Act of 1961, 

15 and for other purposes, as follows: 

16 GLOBAL HEALTH PROGRAMS

17 For necessary expenses to carry out the provisions of 

18 chapters 1 and 10 of part I of the Foreign Assistance Act 

19 of 1961, for global health activities, in addition to funds 

20 otherwise available for such purposes, $2,833,450,000, to re21 main available until September 30, 2017, and which shall 

22 be apportioned directly to the United States Agency for 

23 International Development (USAID): Provided, That this 

24 amount shall be made available for training, equipment, 

25 and technical assistance to build the capacity of public 
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•HR 2029 EAH 

1 health institutions and organizations in developing coun2 tries, and for such activities as: (1) child survival and ma3 ternal health programs; (2) immunization and oral re4 hydration programs; (3) other health, nutrition, water and 

5 sanitation programs which directly address the needs of 

6 mothers and children, and related education programs; (4) 

7 assistance for children displaced or orphaned by causes 

8 other than AIDS; (5) programs for the prevention, treat9 ment, control of, and research on HIV/AIDS, tuberculosis, 

10 polio, malaria, and other infectious diseases including ne11 glected tropical diseases, and for assistance to communities 

12 severely affected by HIV/AIDS, including children infected 

13 or affected by AIDS; (6) disaster preparedness training for 

14 health crises; and (7) family planning/reproductive health: 

15 Provided further, That funds appropriated under this para16 graph may be made available for a United States contribu17 tion to the GAVI Alliance: Provided further, That none of 

18 the funds made available in this Act nor any unobligated 

19 balances from prior appropriations Acts may be made 

20 available to any organization or program which, as deter21 mined by the President of the United States, supports or 

22 participates in the management of a program of coercive 

23 abortion or involuntary sterilization: Provided further, 

24 That any determination made under the previous proviso 

25 must be made not later than 6 months after the date of 
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1 enactment of this Act, and must be accompanied by the evi2 dence and criteria utilized to make the determination: Pro3 vided further, That none of the funds made available under 

4 this Act may be used to pay for the performance of abortion 

5 as a method of family planning or to motivate or coerce 

6 any person to practice abortions: Provided further, That 

7 nothing in this paragraph shall be construed to alter any 

8 existing statutory prohibitions against abortion under sec9 tion 104 of the Foreign Assistance Act of 1961: Provided 

10 further, That none of the funds made available under this 

11 Act may be used to lobby for or against abortion: Provided 

12 further, That in order to reduce reliance on abortion in de13 veloping nations, funds shall be available only to voluntary 

14 family planning projects which offer, either directly or 

15 through referral to, or information about access to, a broad 

16 range of family planning methods and services, and that 

17 any such voluntary family planning project shall meet the 

18 following requirements: (1) service providers or referral 

19 agents in the project shall not implement or be subject to 

20 quotas, or other numerical targets, of total number of births, 

21 number of family planning acceptors, or acceptors of a par22 ticular method of family planning (this provision shall not 

23 be construed to include the use of quantitative estimates or 

24 indicators for budgeting and planning purposes); (2) the 

25 project shall not include payment of incentives, bribes, gra-
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•HR 2029 EAH 

1 tuities, or financial reward to: (A) an individual in ex2 change for becoming a family planning acceptor; or (B) 

3 program personnel for achieving a numerical target or 

4 quota of total number of births, number of family planning 

5 acceptors, or acceptors of a particular method of family 

6 planning; (3) the project shall not deny any right or benefit, 

7 including the right of access to participate in any program 

8 of general welfare or the right of access to health care, as 

9 a consequence of any individual’s decision not to accept 

10 family planning services; (4) the project shall provide fam11 ily planning acceptors comprehensible information on the 

12 health benefits and risks of the method chosen, including 

13 those conditions that might render the use of the method 

14 inadvisable and those adverse side effects known to be con15 sequent to the use of the method; and (5) the project shall 

16 ensure that experimental contraceptive drugs and devices 

17 and medical procedures are provided only in the context 

18 of a scientific study in which participants are advised of 

19 potential risks and benefits; and, not less than 60 days after 

20 the date on which the USAID Administrator determines 

21 that there has been a violation of the requirements con22 tained in paragraph (1), (2), (3), or (5) of this proviso, 

23 or a pattern or practice of violations of the requirements 

24 contained in paragraph (4) of this proviso, the Adminis25 trator shall submit to the Committees on Appropriations 
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•HR 2029 EAH 

1 a report containing a description of such violation and the 

2 corrective action taken by the Agency: Provided further, 

3 That in awarding grants for natural family planning 

4 under section 104 of the Foreign Assistance Act of 1961 no 

5 applicant shall be discriminated against because of such ap6 plicant’s religious or conscientious commitment to offer 

7 only natural family planning; and, additionally, all such 

8 applicants shall comply with the requirements of the pre9 vious proviso: Provided further, That for purposes of this 

10 or any other Act authorizing or appropriating funds for 

11 the Department of State, foreign operations, and related 

12 programs, the term ‘‘motivate’’, as it relates to family plan13 ning assistance, shall not be construed to prohibit the provi14 sion, consistent with local law, of information or counseling 

15 about all pregnancy options: Provided further, That infor16 mation provided about the use of condoms as part of 

17 projects or activities that are funded from amounts appro18 priated by this Act shall be medically accurate and shall 

19 include the public health benefits and failure rates of such 

20 use. 

21 In addition, for necessary expenses to carry out the 

22 provisions of the Foreign Assistance Act of 1961 for the pre23 vention, treatment, and control of, and research on, HIV/ 

24 AIDS, $5,670,000,000, to remain available until September 

25 30, 2020, which shall be apportioned directly to the Depart-
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1 ment of State: Provided, That funds appropriated under 

2 this paragraph may be made available, notwithstanding 

3 any other provision of law, except for the United States 

4 Leadership Against HIV/AIDS, Tuberculosis, and Malaria 

5 Act of 2003 (Public Law 108–25), as amended, for a United 

6 States contribution to the Global Fund to Fight AIDS, Tu7 berculosis and Malaria (Global Fund), and shall be ex8 pended at the minimum rate necessary to make timely pay9 ment for projects and activities: Provided further, That the 

10 amount of such contribution should be $1,350,000,000: Pro11 vided further, That section 202(d)(4)(A)(i) and (vi) of Pub12 lic Law 108–25, as amended, shall be applied with respect 

13 to such funds made available for fiscal years 2015 and 2016 

14 by substituting ‘‘2004’’ for ‘‘2009’’: Provided further, That 

15 up to 5 percent of the aggregate amount of funds made 

16 available to the Global Fund in fiscal year 2016 may be 

17 made available to USAID for technical assistance related 

18 to the activities of the Global Fund, subject to the regular 

19 notification procedures of the Committees on Appropria20 tions: Provided further, That of the funds appropriated 

21 under this paragraph, up to $17,000,000 may be made 

22 available, in addition to amounts otherwise available for 

23 such purposes, for administrative expenses of the Office of 

24 the United States Global AIDS Coordinator. 
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•HR 2029 EAH 

1 DEVELOPMENT ASSISTANCE

2 For necessary expenses to carry out the provisions of 

3 sections 103, 105, 106, 214, and sections 251 through 255, 

4 and chapter 10 of part I of the Foreign Assistance Act of 

5 1961, $2,780,971,000, to remain available until September 

6 30, 2017. 

7 INTERNATIONAL DISASTER ASSISTANCE

8 For necessary expenses to carry out the provisions of 

9 section 491 of the Foreign Assistance Act of 1961 for inter10 national disaster relief, rehabilitation, and reconstruction 

11 assistance, $874,763,000, to remain available until ex12 pended. 

13 TRANSITION INITIATIVES

14 For necessary expenses for international disaster reha15 bilitation and reconstruction assistance administered by the 

16 Office of Transition Initiatives, United States Agency for 

17 International Development (USAID), pursuant to section 

18 491 of the Foreign Assistance Act of 1961, $30,000,000, to 

19 remain available until expended, to support transition to 

20 democracy and long-term development of countries in crisis: 

21 Provided, That such support may include assistance to de22 velop, strengthen, or preserve democratic institutions and 

23 processes, revitalize basic infrastructure, and foster the 

24 peaceful resolution of conflict: Provided further, That the 

25 USAID Administrator shall submit a report to the Commit-
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1 tees on Appropriations at least 5 days prior to beginning 

2 a new program of assistance: Provided further, That if the 

3 Secretary of State determines that it is important to the 

4 national interest of the United States to provide transition 

5 assistance in excess of the amount appropriated under this 

6 heading, up to $15,000,000 of the funds appropriated by 

7 this Act to carry out the provisions of part I of the Foreign 

8 Assistance Act of 1961 may be used for purposes of this 

9 heading and under the authorities applicable to funds ap10 propriated under this heading: Provided further, That 

11 funds made available pursuant to the previous proviso shall 

12 be made available subject to prior consultation with the 

13 Committees on Appropriations. 

14 COMPLEX CRISES FUND

15 For necessary expenses to carry out the provisions of 

16 the Foreign Assistance Act of 1961 to support programs and 

17 activities to prevent or respond to emerging or unforeseen 

18 foreign challenges and complex crises overseas, $10,000,000, 

19 to remain available until expended: Provided, That funds 

20 appropriated under this heading may be made available on 

21 such terms and conditions as are appropriate and necessary 

22 for the purposes of preventing or responding to such chal23 lenges and crises, except that no funds shall be made avail24 able for lethal assistance or to respond to natural disasters: 

25 Provided further, That funds appropriated under this head-
1126 

•HR 2029 EAH 

1 ing may be made available notwithstanding any other pro2 vision of law, except sections 7007, 7008, and 7018 of this 

3 Act and section 620M of the Foreign Assistance Act of 1961: 

4 Provided further, That funds appropriated under this head5 ing may be used for administrative expenses, in addition 

6 to funds otherwise made available for such purposes, except 

7 that such expenses may not exceed 5 percent of the funds 

8 appropriated under this heading: Provided further, That 

9 funds appropriated under this heading shall be subject to 

10 the regular notification procedures of the Committees on 

11 Appropriations, except that such notifications shall be 

12 transmitted at least 5 days prior to the obligation of funds. 

13 DEVELOPMENT CREDIT AUTHORITY

14 For the cost of direct loans and loan guarantees pro15 vided by the United States Agency for International Devel16 opment (USAID), as authorized by sections 256 and 635 

17 of the Foreign Assistance Act of 1961, up to $40,000,000 

18 may be derived by transfer from funds appropriated by this 

19 Act to carry out part I of such Act and under the heading 

20 ‘‘Assistance for Europe, Eurasia and Central Asia’’: Pro21 vided, That funds provided under this paragraph and funds 

22 provided as a gift that are used for purposes of this para23 graph pursuant to section 635(d) of the Foreign Assistance 

24 Act of 1961 shall be made available only for micro- and 

25 small enterprise programs, urban programs, and other pro-
1127 

•HR 2029 EAH 

1 grams which further the purposes of part I of such Act: Pro2 vided further, That such costs, including the cost of modi3 fying such direct and guaranteed loans, shall be as defined 

4 in section 502 of the Congressional Budget Act of 1974, as 

5 amended: Provided further, That funds made available by 

6 this paragraph may be used for the cost of modifying any 

7 such guaranteed loans under this Act or prior Acts making 

8 appropriations for the Department of State, foreign oper9 ations, and related programs, and funds used for such costs 

10 shall be subject to the regular notification procedures of the 

11 Committees on Appropriations: Provided further, That the 

12 provisions of section 107A(d) (relating to general provisions 

13 applicable to the Development Credit Authority) of the For14 eign Assistance Act of 1961, as contained in section 306 

15 of H.R. 1486 as reported by the House Committee on Inter16 national Relations on May 9, 1997, shall be applicable to 

17 direct loans and loan guarantees provided under this head18 ing, except that the principal amount of loans made or 

19 guaranteed under this heading with respect to any single 

20 country shall not exceed $300,000,000: Provided further, 

21 That these funds are available to subsidize total loan prin22 cipal, any portion of which is to be guaranteed, of up to 

23 $1,500,000,000. 

24 In addition, for administrative expenses to carry out 

25 credit programs administered by USAID, $8,120,000, 
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•HR 2029 EAH 

1 which may be transferred to, and merged with, funds made 

2 available under the heading ‘‘Operating Expenses’’ in title 

3 II of this Act: Provided, That funds made available under 

4 this heading shall remain available until September 30, 

5 2018. 

6 ECONOMIC SUPPORT FUND

7 For necessary expenses to carry out the provisions of 

8 chapter 4 of part II of the Foreign Assistance Act of 1961, 

9 $1,896,315,000, to remain available until September 30, 

10 2017. 

11 DEMOCRACY FUND

12 For necessary expenses to carry out the provisions of 

13 the Foreign Assistance Act of 1961 for the promotion of de14 mocracy globally, $150,500,000, to remain available until 

15 September 30, 2017, of which $88,500,000 shall be made 

16 available for the Human Rights and Democracy Fund of 

17 the Bureau of Democracy, Human Rights and Labor, De18 partment of State, and $62,000,000 shall be made available 

19 for the Bureau for Democracy, Conflict, and Humanitarian 

20 Assistance, United States Agency for International Develop21 ment. 

22 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

23 For necessary expenses to carry out the provisions of 

24 the Foreign Assistance Act of 1961, the FREEDOM Sup25 port Act (Public Law 102–511), and the Support for East-
1129 

•HR 2029 EAH 

1 ern European Democracy (SEED) Act of 1989 (Public Law 

2 101–179), $491,119,000, to remain available until Sep3 tember 30, 2017, which shall be available, notwithstanding 

4 any other provision of law, except section 7070 of this Act, 

5 for assistance and related programs for countries identified 

6 in section 3 of Public Law 102–511 and section 3(c) of Pub7 lic Law 101–179, in addition to funds otherwise available 

8 for such purposes: Provided, That funds appropriated by 

9 this Act under the headings ‘‘Global Health Programs’’ and 

10 ‘‘Economic Support Fund’’ that are made available for as11 sistance for such countries shall be administered in accord12 ance with the responsibilities of the coordinator designated 

13 pursuant to section 102 of Public Law 102–511 and section 

14 601 of Public Law 101–179: Provided further, That funds 

15 appropriated under this heading shall be considered to be 

16 economic assistance under the Foreign Assistance Act of 

17 1961 for purposes of making available the administrative 

18 authorities contained in that Act for the use of economic 

19 assistance. 

20 DEPARTMENT OF STATE

21 MIGRATION AND REFUGEE ASSISTANCE

22 For necessary expenses not otherwise provided for, to 

23 enable the Secretary of State to carry out the provisions 

24 of section 2(a) and (b) of the Migration and Refugee Assist25 ance Act of 1962, and other activities to meet refugee and 
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•HR 2029 EAH 

1 migration needs; salaries and expenses of personnel and de2 pendents as authorized by the Foreign Service Act of 1980; 

3 allowances as authorized by sections 5921 through 5925 of 

4 title 5, United States Code; purchase and hire of passenger 

5 motor vehicles; and services as authorized by section 3109 

6 of title 5, United States Code, $931,886,000, to remain 

7 available until expended, of which not less than $35,000,000 

8 shall be made available to respond to small-scale emergency 

9 humanitarian requirements, and $10,000,000 shall be made 

10 available for refugees resettling in Israel. 

11 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

12 ASSISTANCE FUND

13 For necessary expenses to carry out the provisions of 

14 section 2(c) of the Migration and Refugee Assistance Act 

15 of 1962, as amended (22 U.S.C. 2601(c)), $50,000,000, to 

16 remain available until expended. 

17 INDEPENDENT AGENCIES

18 PEACE CORPS

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses to carry out the provisions of 

21 the Peace Corps Act (22 U.S.C. 2501 et seq.), including the 

22 purchase of not to exceed five passenger motor vehicles for 

23 administrative purposes for use outside of the United 

24 States, $410,000,000, of which $5,150,000 is for the Office 

25 of Inspector General, to remain available until September 
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•HR 2029 EAH 

1 30, 2017: Provided, That the Director of the Peace Corps 

2 may transfer to the Foreign Currency Fluctuations Ac3 count, as authorized by section 16 of the Peace Corps Act 

4 (22 U.S.C. 2515), an amount not to exceed $5,000,000: Pro5 vided further, That funds transferred pursuant to the pre6 vious proviso may not be derived from amounts made avail7 able for Peace Corps overseas operations: Provided further, 

8 That of the funds appropriated under this heading, not to 

9 exceed $104,000 may be available for representation ex10 penses, of which not to exceed $4,000 may be made available 

11 for entertainment expenses: Provided further, That any de12 cision to open, close, significantly reduce, or suspend a do13 mestic or overseas office or country program shall be subject 

14 to prior consultation with, and the regular notification pro15 cedures of, the Committees on Appropriations, except that 

16 prior consultation and regular notification procedures may 

17 be waived when there is a substantial security risk to volun18 teers or other Peace Corps personnel, pursuant to section 

19 7015(e) of this Act: Provided further, That none of the funds 

20 appropriated under this heading shall be used to pay for 

21 abortions: Provided further, That notwithstanding the pre22 vious proviso, section 614 of division E of Public Law 113– 

23 76 shall apply to funds appropriated under this heading. 
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•HR 2029 EAH 

1 MILLENNIUM CHALLENGE CORPORATION

2 For necessary expenses to carry out the provisions of 

3 the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et 

4 seq.) (MCA), $901,000,000, to remain available until ex5 pended: Provided, That of the funds appropriated under 

6 this heading, up to $105,000,000 may be available for ad7 ministrative expenses of the Millennium Challenge Corpora8 tion (the Corporation): Provided further, That up to 5 per9 cent of the funds appropriated under this heading may be 

10 made available to carry out the purposes of section 616 of 

11 the MCA for fiscal year 2016: Provided further, That section 

12 605(e) of the MCA shall apply to funds appropriated under 

13 this heading: Provided further, That funds appropriated 

14 under this heading may be made available for a Millen15 nium Challenge Compact entered into pursuant to section 

16 609 of the MCA only if such Compact obligates, or contains 

17 a commitment to obligate subject to the availability of funds 

18 and the mutual agreement of the parties to the Compact 

19 to proceed, the entire amount of the United States Govern20 ment funding anticipated for the duration of the Compact: 

21 Provided further, That the Chief Executive Officer of the 

22 Corporation shall notify the Committees on Appropriations 

23 not later than 15 days prior to commencing negotiations 

24 for any country compact or threshold country program; 

25 signing any such compact or threshold program; or termi-
1133 

•HR 2029 EAH 

1 nating or suspending any such compact or threshold pro2 gram: Provided further, That funds appropriated under 

3 this heading by this Act and prior Acts making appropria4 tions for the Department of State, foreign operations, and 

5 related programs that are available to implement section 

6 609(g) of the MCA shall be subject to the regular notifica7 tion procedures of the Committees on Appropriations: Pro8 vided further, That no country should be eligible for a 

9 threshold program after such country has completed a coun10 try compact: Provided further, That any funds that are 

11 deobligated from a Millennium Challenge Compact shall be 

12 subject to the regular notification procedures of the Commit13 tees on Appropriations prior to re-obligation: Provided fur14 ther, That notwithstanding section 606(a)(2) of the MCA, 

15 a country shall be a candidate country for purposes of eligi16 bility for assistance for the fiscal year if the country has 

17 a per capita income equal to or below the World Bank’s 

18 lower middle income country threshold for the fiscal year 

19 and is among the 75 lowest per capita income countries 

20 as identified by the World Bank; and the country meets the 

21 requirements of section 606(a)(1)(B) of the MCA: Provided 

22 further, That notwithstanding section 606(b)(1) of the MCA, 

23 in addition to countries described in the preceding proviso, 

24 a country shall be a candidate country for purposes of eligi25 bility for assistance for the fiscal year if the country has 
1134 

•HR 2029 EAH 

1 a per capita income equal to or below the World Bank’s 

2 lower middle income country threshold for the fiscal year 

3 and is not among the 75 lowest per capita income countries 

4 as identified by the World Bank; and the country meets the 

5 requirements of section 606(a)(1)(B) of the MCA: Provided 

6 further, That any Millennium Challenge Corporation can7 didate country under section 606 of the MCA with a per 

8 capita income that changes in the fiscal year such that the 

9 country would be reclassified from a low income country 

10 to a lower middle income country or from a lower middle 

11 income country to a low income country shall retain its 

12 candidacy status in its former income classification for the 

13 fiscal year and the 2 subsequent fiscal years: Provided fur14 ther, That publication in the Federal Register of a notice 

15 of availability of a copy of a Compact on the Millennium 

16 Challenge Corporation Web site shall be deemed to satisfy 

17 the requirements of section 610(b)(2) of the MCA for such 

18 Compact: Provided further, That none of the funds made 

19 available by this Act or prior Acts making appropriations 

20 for the Department of State, foreign operations, and related 

21 programs shall be available for a threshold program in a 

22 country that is not currently a candidate country: Provided 

23 further, That the Comptroller General of the United States 

24 shall provide to the appropriate congressional committees 

25 a review of authorities that may allow the Millennium 
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•HR 2029 EAH 

1 Challenge Corporation to obligate funds that are unobli2 gated from prior fiscal years for compacts in countries that 

3 are not eligible for a compact in the current fiscal year: 

4 Provided further, That such review shall include an assess5 ment as set forth in the explanatory statement described in 

6 section 4 (in the matter preceding division A of this Con7 solidated Act): Provided further, That funds appropriated 

8 under this heading shall be used on a reimbursable basis 

9 for such review: Provided further, That of the funds appro10 priated under this heading, not to exceed $100,000 may be 

11 available for representation and entertainment expenses, of 

12 which not to exceed $5,000 may be available for entertain13 ment expenses. 

14 INTER-AMERICAN FOUNDATION

15 For necessary expenses to carry out the functions of 

16 the Inter-American Foundation in accordance with the pro17 visions of section 401 of the Foreign Assistance Act of 1969, 

18 $22,500,000, to remain available until September 30, 2017: 

19 Provided, That of the funds appropriated under this head20 ing, not to exceed $2,000 may be available for representa21 tion expenses. 

22 UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

23 For necessary expenses to carry out title V of the Inter24 national Security and Development Cooperation Act of 

25 1980 (Public Law 96–533), $30,000,000, to remain avail-
1136 

•HR 2029 EAH 

1 able until September 30, 2017, of which not to exceed $2,000 

2 may be available for representation expenses: Provided, 

3 That funds made available to grantees may be invested 

4 pending expenditure for project purposes when authorized 

5 by the Board of Directors of the United States African De6 velopment Foundation (USADF): Provided further, That 

7 interest earned shall be used only for the purposes for which 

8 the grant was made: Provided further, That notwith9 standing section 505(a)(2) of the African Development 

10 Foundation Act, in exceptional circumstances the Board of 

11 Directors of the USADF may waive the $250,000 limitation 

12 contained in that section with respect to a project and a 

13 project may exceed the limitation by up to 10 percent if 

14 the increase is due solely to foreign currency fluctuation: 

15 Provided further, That the USADF shall submit a report 

16 to the Committees on Appropriations after each time such 

17 waiver authority is exercised: Provided further, That the 

18 USADF may make rent or lease payments in advance from 

19 appropriations available for such purpose for offices, build20 ings, grounds, and quarters in Africa as may be necessary 

21 to carry out its functions: Provided further, That the 

22 USADF may maintain bank accounts outside the United 

23 States Treasury and retain any interest earned on such ac24 counts, in furtherance of the purposes of the African Foun25 dation Development Act: Provided further, That the 
1137 

•HR 2029 EAH 

1 USADF may not withdraw any appropriation from the 

2 Treasury prior to the need of spending such funds for pro3 gram purposes. 

4 DEPARTMENT OF THE TREASURY

5 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

6 For necessary expenses to carry out the provisions of 

7 section 129 of the Foreign Assistance Act of 1961, 

8 $23,500,000, to remain available until September 30, 2018, 

9 which shall be available notwithstanding any other provi10 sion of law. 

11 TITLE IV 

12 INTERNATIONAL SECURITY ASSISTANCE 

13 DEPARTMENT OF STATE

14 INTERNATIONAL NARCOTICS CONTROL AND LAW

15 ENFORCEMENT

16 For necessary expenses to carry out section 481 of the 

17 Foreign Assistance Act of 1961, $894,821,000, to remain 

18 available until September 30, 2017: Provided, That the pro19 vision of assistance by any other United States Government 

20 department or agency which is comparable to assistance 

21 that may be made available under this heading, but which 

22 is provided under any other provision of law, should be pro23 vided only with the concurrence of the Secretary of State 

24 and in accordance with the provisions of sections 481(b) 

25 and 622(c) of the Foreign Assistance Act of 1961: Provided 
1138 

•HR 2029 EAH 

1 further, That the Department of State may use the author2 ity of section 608 of the Foreign Assistance Act of 1961, 

3 without regard to its restrictions, to receive excess property 

4 from an agency of the United States Government for the 

5 purpose of providing such property to a foreign country or 

6 international organization under chapter 8 of part I of that 

7 Act, subject to the regular notification procedures of the 

8 Committees on Appropriations: Provided further, That sec9 tion 482(b) of the Foreign Assistance Act of 1961 shall not 

10 apply to funds appropriated under this heading, except that 

11 any funds made available notwithstanding such section 

12 shall be subject to the regular notification procedures of the 

13 Committees on Appropriations: Provided further, That 

14 funds appropriated under this heading shall be made avail15 able to support training and technical assistance for foreign 

16 law enforcement, corrections, and other judicial authorities, 

17 utilizing regional partners: Provided further, That not less 

18 than $54,975,000 of the funds appropriated under this 

19 heading shall be transferred to, and merged with, funds ap20 propriated by this Act under the heading ‘‘Assistance for 

21 Europe, Eurasia and Central Asia’’, which shall be avail22 able for the same purposes as funds appropriated under this 

23 heading: Provided further, That funds made available 

24 under this heading that are transferred to another depart25 ment, agency, or instrumentality of the United States Gov-
1139 

•HR 2029 EAH 

1 ernment pursuant to section 632(b) of the Foreign Assist2 ance Act of 1961 valued in excess of $5,000,000, and any 

3 agreement made pursuant to section 632(a) of such Act, 

4 shall be subject to the regular notification procedures of the 

5 Committees on Appropriations. 

6 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

7 RELATED PROGRAMS

8 For necessary expenses for nonproliferation, anti-ter9 rorism, demining and related programs and activities, 

10 $506,381,000, to remain available until September 30, 

11 2017, to carry out the provisions of chapter 8 of part II 

12 of the Foreign Assistance Act of 1961 for anti-terrorism as13 sistance, chapter 9 of part II of the Foreign Assistance Act 

14 of 1961, section 504 of the FREEDOM Support Act, section 

15 23 of the Arms Export Control Act, or the Foreign Assist16 ance Act of 1961 for demining activities, the clearance of 

17 unexploded ordnance, the destruction of small arms, and 

18 related activities, notwithstanding any other provision of 

19 law, including activities implemented through nongovern20 mental and international organizations, and section 301 of 

21 the Foreign Assistance Act of 1961 for a United States con22 tribution to the Comprehensive Nuclear Test Ban Treaty 

23 Preparatory Commission, and for a voluntary contribution 

24 to the International Atomic Energy Agency (IAEA): Pro25 vided, That the Secretary of State shall inform the appro-
1140 

•HR 2029 EAH 

1 priate congressional committees of information regarding 

2 any separate arrangements relating to the ‘‘Road-map for 

3 the Clarification of Past and Present Outstanding Issues 

4 Regarding Iran’s Nuclear Program’’ between the IAEA and 

5 the Islamic Republic of Iran, in classified form if necessary, 

6 if such information becomes known to the Department of 

7 State: Provided further, That for the clearance of 

8 unexploded ordnance, the Secretary of State should 

9 prioritize those areas where such ordnance was caused by 

10 the United States: Provided further, That funds made avail11 able under this heading for the Nonproliferation and Disar12 mament Fund shall be available notwithstanding any other 

13 provision of law and subject to prior consultation with, and 

14 the regular notification procedures of, the Committees on 

15 Appropriations, to promote bilateral and multilateral ac16 tivities relating to nonproliferation, disarmament, and 

17 weapons destruction, and shall remain available until ex18 pended: Provided further, That such funds may also be used 

19 for such countries other than the Independent States of the 

20 former Soviet Union and international organizations when 

21 it is in the national security interest of the United States 

22 to do so: Provided further, That funds appropriated under 

23 this heading may be made available for the IAEA unless 

24 the Secretary of State determines that Israel is being denied 

25 its right to participate in the activities of that Agency: Pro-
1141 

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1 vided further, That funds made available under this head2 ing for the Counterterrorism Partnerships Fund shall be 

3 subject to the regular notification procedures of the Commit4 tees on Appropriations: Provided further, That funds made 

5 available for conventional weapons destruction programs, 

6 including demining and related activities, in addition to 

7 funds otherwise available for such purposes, may be used 

8 for administrative expenses related to the operation and 

9 management of such programs and activities, subject to the 

10 regular notification procedures of the Committees on Appro11 priations. 

12 PEACEKEEPING OPERATIONS

13 For necessary expenses to carry out the provisions of 

14 section 551 of the Foreign Assistance Act of 1961, 

15 $131,361,000: Provided, That funds appropriated under 

16 this heading may be used, notwithstanding section 660 of 

17 such Act, to provide assistance to enhance the capacity of 

18 foreign civilian security forces, including gendarmes, to 

19 participate in peacekeeping operations: Provided further, 

20 That of the funds appropriated under this heading, not less 

21 than $35,000,000 shall be made available for a United 

22 States contribution to the Multinational Force and Observ23 ers mission in the Sinai: Provided further, That none of 

24 the funds appropriated under this heading shall be obli-
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1 gated except as provided through the regular notification 

2 procedures of the Committees on Appropriations. 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 INTERNATIONAL MILITARY EDUCATION AND TRAINING

5 For necessary expenses to carry out the provisions of 

6 section 541 of the Foreign Assistance Act of 1961, 

7 $108,115,000, of which up to $4,000,000 may remain avail8 able until September 30, 2017: 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 this 

15 heading, not to exceed $55,000 may be available for enter16 tainment expenses. 

17 FOREIGN MILITARY FINANCING PROGRAM

18 For necessary expenses for grants to enable the Presi19 dent to carry out the provisions of section 23 of the Arms 

20 Export Control Act, $4,737,522,000: Provided, That to ex21 pedite the provision of assistance to foreign countries and 

22 international organizations, the Secretary of State, fol23 lowing consultation with the Committees on Appropriations 

24 and subject to the regular notification procedures of such 

25 Committees, may use the funds appropriated under this 
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1 heading to procure defense articles and services to enhance 

2 the capacity of foreign security forces: Provided further, 

3 That of the funds appropriated under this heading, not less 

4 than $3,100,000,000 shall be available for grants only for 

5 Israel, and funds are available for assistance for Jordan 

6 and Egypt subject to section 7041 of this Act: Provided fur7 ther, That the funds appropriated under this heading for 

8 assistance for Israel shall be disbursed within 30 days of 

9 enactment of this Act: Provided further, That to the extent 

10 that the Government of Israel requests that funds be used 

11 for such purposes, grants made available for Israel under 

12 this heading shall, as agreed by the United States and 

13 Israel, be available for advanced weapons systems, of which 

14 not less than $815,300,000 shall be available for the pro15 curement in Israel of defense articles and defense services, 

16 including research and development: Provided further, That 

17 none of the funds made available under this heading shall 

18 be made available to support or continue any program ini19 tially funded under the authority of section 1206 of the Na20 tional Defense Authorization Act for Fiscal Year 2006 (Pub21 lic Law 109–163; 119 Stat. 3456), or section 2282 of title 

22 10, United States Code, unless the Secretary of State, in 

23 coordination with the Secretary of Defense, has justified 

24 such program to the Committees on Appropriations: Pro25 vided further, That funds appropriated or otherwise made 
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1 available under this heading shall be nonrepayable notwith2 standing any requirement in section 23 of the Arms Export 

3 Control Act: Provided further, That funds made available 

4 under this heading shall be obligated upon apportionment 

5 in accordance with paragraph (5)(C) of section 1501(a) of 

6 title 31, United States Code. 

7 None of the funds made available under this heading 

8 shall be available to finance the procurement of defense arti9 cles, defense services, or design and construction services 

10 that are not sold by the United States Government under 

11 the Arms Export Control Act unless the foreign country pro12 posing to make such procurement has first signed an agree13 ment with the United States Government specifying the 

14 conditions under which such procurement may be financed 

15 with such funds: Provided, That all country and funding 

16 level increases in allocations shall be submitted through the 

17 regular notification procedures of section 7015 of this Act: 

18 Provided further, That funds made available under this 

19 heading may be used, notwithstanding any other provision 

20 of law, for demining, the clearance of unexploded ordnance, 

21 and related activities, and may include activities imple22 mented through nongovernmental and international organi23 zations: Provided further, That only those countries for 

24 which assistance was justified for the ‘‘Foreign Military 

25 Sales Financing Program’’ in the fiscal year 1989 congres-
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1 sional presentation for security assistance programs may 

2 utilize funds made available under this heading for procure3 ment of defense articles, defense services, or design and con4 struction services that are not sold by the United States 

5 Government under the Arms Export Control Act: Provided 

6 further, That funds appropriated under this heading shall 

7 be expended at the minimum rate necessary to make timely 

8 payment for defense articles and services: Provided further, 

9 That not more than $75,000,000 of the funds appropriated 

10 under this heading may be obligated for necessary expenses, 

11 including the purchase of passenger motor vehicles for re12 placement only for use outside of the United States, for the 

13 general costs of administering military assistance and sales, 

14 except that this limitation may be exceeded only through 

15 the regular notification procedures of the Committees on 

16 Appropriations: Provided further, That of the funds made 

17 available under this heading for general costs of admin18 istering military assistance and sales, not to exceed $4,000 

19 may be available for entertainment expenses and not to ex20 ceed $130,000 may be available for representation expenses: 

21 Provided further, That not more than $904,000,000 of funds 

22 realized pursuant to section 21(e)(1)(A) of the Arms Export 

23 Control Act may be obligated for expenses incurred by the 

24 Department of Defense during fiscal year 2016 pursuant 

25 to section 43(b) of the Arms Export Control Act, except that 
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1 this limitation may be exceeded only through the regular 

2 notification procedures of the Committees on Appropria3 tions. 

4 TITLE V 

5 MULTILATERAL ASSISTANCE 

6 FUNDS APPROPRIATED TO THE PRESIDENT

7 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

8 For necessary expenses to carry out the provisions of 

9 section 301 of the Foreign Assistance Act of 1961, and of 

10 section 2 of the United Nations Environment Program Par11 ticipation Act of 1973, $339,000,000, of which up to 

12 $10,000,000 may be made available for the Intergovern13 mental Panel on Climate Change/United Nations Frame14 work Convention on Climate Change: Provided, That sec15 tion 307(a) of the Foreign Assistance Act of 1961 shall not 

16 apply to contributions to the United Nations Democracy 

17 Fund. 

18 INTERNATIONAL FINANCIAL INSTITUTIONS

19 GLOBAL ENVIRONMENT FACILITY

20 For payment to the International Bank for Recon21 struction and Development as trustee for the Global Envi22 ronment Facility by the Secretary of the Treasury, 

23 $168,263,000, to remain available until expended. 
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1 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

2 ASSOCIATION

3 For payment to the International Development Asso4 ciation by the Secretary of the Treasury, $1,197,128,000, 

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 Treasury 

10 for the United States share of the paid-in portion of the 

11 increases in capital stock, $186,957,000, to remain avail12 able until expended. 

13 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

14 The United States Governor of the International Bank 

15 for Reconstruction and Development may subscribe without 

16 fiscal year limitation to the callable capital portion of the 

17 United States share of increases in capital stock in an 

18 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 $170,680,000, to remain available until expended. 
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1 CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

2 For payment to the International Bank for Recon3 struction and Development as trustee for the Strategic Cli4 mate Fund by the Secretary of the Treasury, $49,900,000, 

5 to remain available until expended. 

6 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

7 BANK

8 For payment to the Inter-American Development Bank 

9 by the Secretary of the Treasury for the United States share 

10 of the paid-in portion of the increase in capital stock, 

11 $102,020,448, to remain available until expended. 

12 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

13 The United States Governor of the Inter-American De14 velopment Bank may subscribe without fiscal year limita15 tion to the callable capital portion of the United States 

16 share of such capital stock in an amount not to exceed 

17 $4,098,794,833. 

18 CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

19 For payment to the Asian Development Bank by the 

20 Secretary of the Treasury for the United States share of 

21 the paid-in portion of increase in capital stock, $5,608,435, 

22 to remain available until expended. 
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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 $104,977,000, to remain available until expended. 

5 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

6 For payment to the African Development Bank by the 

7 Secretary of the Treasury for the United States share of 

8 the paid-in portion of the increase in capital stock, 

9 $34,118,027, 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 to 

13 the callable capital portion of the United States share of 

14 such capital stock in an amount not to exceed $507,860,808. 

15 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

16 For payment to the African Development Fund by the 

17 Secretary of the Treasury, $175,668,000, to remain avail18 able until expended. 

19 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

20 AGRICULTURAL DEVELOPMENT

21 For payment to the International Fund for Agricul22 tural Development by the Secretary of the Treasury, 

23 $31,930,000, to remain available until expended. 
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1 GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

2 For payment to the Global Agriculture and Food Secu3 rity Program by the Secretary of the Treasury, 

4 $43,000,000, 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 States 

9 share of the paid-in portion of the increase in capital stock, 

10 $10,000,000, to remain available until expended. 

11 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

12 The Secretary of the Treasury may subscribe without 

13 fiscal year limitation to the callable capital portion of the 

14 United States share of such capital stock in an amount not 

15 to exceed $255,000,000. 

16 TITLE VI 

17 EXPORT AND INVESTMENT ASSISTANCE 

18 EXPORT-IMPORT BANK OF THE UNITED STATES

19 INSPECTOR GENERAL

20 For necessary expenses of the Office of Inspector Gen21 eral in carrying out the provisions of the Inspector General 

22 Act of 1978, as amended, $6,000,000, to remain available 

23 until September 30, 2017. 
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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 corpora10 tion: Provided, That none of the funds available during the 

11 current fiscal year may be used to make expenditures, con12 tracts, or commitments for the export of nuclear equipment, 

13 fuel, or technology to any country, other than a nuclear14 weapon state as defined in Article IX of the Treaty on the 

15 Non-Proliferation of Nuclear Weapons eligible to receive 

16 economic or military assistance under this Act, that has 

17 detonated a nuclear explosive after the date of the enactment 

18 of this Act. 

19 ADMINISTRATIVE EXPENSES

20 For administrative expenses to carry out the direct 

21 and guaranteed loan and insurance programs, including 

22 hire of passenger motor vehicles and services as authorized 

23 by section 3109 of title 5, United States Code, and not to 

24 exceed $30,000 for official reception and representation ex25 penses for members of the Board of Directors, not to exceed 
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1 $106,250,000: Provided, That the Export-Import Bank (the 

2 Bank) may accept, and use, payment or services provided 

3 by transaction participants for legal, financial, or technical 

4 services in connection with any transaction for which an 

5 application for a loan, guarantee or insurance commitment 

6 has been made: Provided further, That the Bank shall 

7 charge fees for necessary expenses (including special services 

8 performed on a contract or fee basis, but not including other 

9 personal services) in connection with the collection of mon10 eys owed the Bank, repossession or sale of pledged collateral 

11 or other assets acquired by the Bank in satisfaction of mon12 eys owed the Bank, or the investigation or appraisal of any 

13 property, or the evaluation of the legal, financial, or tech14 nical aspects of any transaction for which an application 

15 for a loan, guarantee or insurance commitment has been 

16 made, or systems infrastructure directly supporting trans17 actions: Provided further, That in addition to other funds 

18 appropriated for administrative expenses, such fees shall be 

19 credited to this account for such purposes, to remain avail20 able until expended. 

21 RECEIPTS COLLECTED

22 Receipts collected pursuant to the Export-Import Bank 

23 Act of 1945, as amended, and the Federal Credit Reform 

24 Act of 1990, as amended, in an amount not to exceed the 

25 amount appropriated herein, shall be credited as offsetting 
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1 collections to this account: Provided, That the sums herein 

2 appropriated from the General Fund shall be reduced on 

3 a dollar-for-dollar basis by such offsetting collections so as 

4 to result in a final fiscal year appropriation from the Gen5 eral Fund estimated at $0: Provided further, That amounts 

6 collected in fiscal year 2016 in excess of obligations, up to 

7 $10,000,000 shall become available on September 1, 2016, 

8 and shall remain available until September 30, 2019. 

9 OVERSEAS PRIVATE INVESTMENT CORPORATION

10 NONCREDIT ACCOUNT

11 The Overseas Private Investment Corporation is au12 thorized to make, without regard to fiscal year limitations, 

13 as provided by section 9104 of title 31, United States Code, 

14 such expenditures and commitments within the limits of 

15 funds available to it and in accordance with law as may 

16 be necessary: Provided, That the amount available for ad17 ministrative expenses to carry out the credit and insurance 

18 programs (including an amount for official reception and 

19 representation expenses which shall not exceed $35,000) 

20 shall not exceed $62,787,000: Provided further, That 

21 project-specific transaction costs, including direct and indi22 rect costs incurred in claims settlements, and other direct 

23 costs associated with services provided to specific investors 

24 or potential investors pursuant to section 234 of the Foreign 
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•HR 2029 EAH 

1 Assistance Act of 1961, shall not be considered administra2 tive expenses for the purposes of this heading. 

3 PROGRAM ACCOUNT

4 For the cost of direct and guaranteed loans, 

5 $20,000,000, as authorized by section 234 of the Foreign 

6 Assistance Act of 1961, to be derived by transfer from the 

7 Overseas Private Investment Corporation Noncredit Ac8 count: Provided, That such costs, including the cost of modi9 fying such loans, shall be as defined in section 502 of the 

10 Congressional Budget Act of 1974: Provided further, That 

11 such sums shall be available for direct loan obligations and 

12 loan guaranty commitments incurred or made during fiscal 

13 years 2016, 2017, and 2018: Provided further, That funds 

14 so obligated in fiscal year 2016 remain available for dis15 bursement through 2024; funds obligated in fiscal year 2017 

16 remain available for disbursement through 2025; and funds 

17 obligated in fiscal year 2018 remain available for disburse18 ment through 2026: Provided further, That notwithstanding 

19 any other provision of law, the Overseas Private Investment 

20 Corporation is authorized to undertake any program au21 thorized by title IV of chapter 2 of part I of the Foreign 

22 Assistance Act of 1961 in Iraq: Provided further, That 

23 funds made available pursuant to the authority of the pre24 vious proviso shall be subject to the regular notification pro25 cedures of the Committees on Appropriations. 
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1 In addition, such sums as may be necessary for admin2 istrative expenses to carry out the credit program may be 

3 derived from amounts available for administrative expenses 

4 to carry out the credit and insurance programs in the Over5 seas Private Investment Corporation Noncredit Account 

6 and merged with said account. 

7 TRADE AND DEVELOPMENT AGENCY

8 For necessary expenses to carry out the provisions of 

9 section 661 of the Foreign Assistance Act of 1961, 

10 $60,000,000, to remain available until September 30, 2017: 

11 Provided, That of the amounts made available under this 

12 heading, up to $2,500,000 may be made available to provide 

13 comprehensive procurement advice to foreign governments 

14 to support local procurements funded by the United States 

15 Agency for International Development, the Millennium 

16 Challenge Corporation, and the Department of State: Pro17 vided further, That of the funds appropriated under this 

18 heading, not more than $5,000 may be available for rep19 resentation and entertainment expenses. 

20 TITLE VII 

21 GENERAL PROVISIONS 

22 ALLOWANCES AND DIFFERENTIALS

23 SEC. 7001. Funds appropriated under title I of this 

24 Act shall be available, except as otherwise provided, for al25 lowances and differentials as authorized by subchapter 59 
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1 of title 5, United States Code; for services as authorized by 

2 section 3109 of such title and for hire of passenger transpor3 tation pursuant to section 1343(b) of title 31, United States 

4 Code. 

5 UNOBLIGATED BALANCES REPORT

6 SEC. 7002. Any department or agency of the United 

7 States Government to which funds are appropriated or oth8 erwise made available by this Act shall provide to the Com9 mittees on Appropriations a quarterly accounting of cumu10 lative unobligated balances and obligated, but unexpended, 

11 balances by program, project, and activity, and Treasury 

12 Account Fund Symbol of all funds received by such depart13 ment or agency in fiscal year 2016 or any previous fiscal 

14 year, disaggregated by fiscal year: Provided, That the report 

15 required by this section should specify by account the 

16 amount of funds obligated pursuant to bilateral agreements 

17 which have not been further sub-obligated. 

18 CONSULTING SERVICES

19 SEC. 7003. The expenditure of any appropriation 

20 under title I of this Act for any consulting service through 

21 procurement contract, pursuant to section 3109 of title 5, 

22 United States Code, shall be limited to those contracts where 

23 such expenditures are a matter of public record and avail24 able for public inspection, except where otherwise provided 
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1 under existing law, or under existing Executive Order 

2 issued pursuant to existing law. 

3 DIPLOMATIC FACILITIES

4 SEC. 7004. (a) CAPITAL SECURITY COST SHARING.— 

5 Of funds provided under title I of this Act, except as pro6 vided in subsection (b), a project to construct a diplomatic 

7 facility of the United States may not include office space 

8 or other accommodations for an employee of a Federal agen9 cy or department if the Secretary of State determines that 

10 such department or agency has not provided to the Depart11 ment of State the full amount of funding required by sub12 section (e) of section 604 of the Secure Embassy Construc13 tion and Counterterrorism Act of 1999 (as enacted into law 

14 by section 1000(a)(7) of Public Law 106–113 and contained 

15 in appendix G of that Act; 113 Stat. 1501A–453), as 

16 amended by section 629 of the Departments of Commerce, 

17 Justice, and State, the Judiciary, and Related Agencies Ap18 propriations Act, 2005. 

19 (b) EXCEPTION.—Notwithstanding the prohibition in 

20 subsection (a), a project to construct a diplomatic facility 

21 of the United States may include office space or other ac22 commodations for members of the United States Marine 

23 Corps. 

24 (c) NEW DIPLOMATIC FACILITIES.—For the purposes 

25 of calculating the fiscal year 2016 costs of providing new 
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1 United States diplomatic facilities in accordance with sec2 tion 604(e) of the Secure Embassy Construction and 

3 Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the 

4 Secretary of State, in consultation with the Director of the 

5 Office of Management and Budget, shall determine the an6 nual program level and agency shares in a manner that 

7 is proportional to the Department of State’s contribution 

8 for this purpose. 

9 (d) CONSULTATION AND NOTIFICATION REQUIRE10 MENTS.—Funds appropriated by this Act and prior Acts 

11 making appropriations for the Department of State, foreign 

12 operations, and related programs, which may be made 

13 available for the acquisition of property or award of con14 struction contracts for overseas diplomatic facilities during 

15 fiscal year 2016, shall be subject to prior consultation with, 

16 and the regular notification procedures of, the Committees 

17 on Appropriations: Provided, That notifications pursuant 

18 to this subsection shall include the information enumerated 

19 under the heading ‘‘Embassy Security, Construction, and 

20 Maintenance’’ in House Report 114–154: Provided further, 

21 That any such notification for a new diplomatic facility 

22 justified to the Committees on Appropriations in Appendix 

23 1 of the Congressional Budget Justification, Department of 

24 State, Diplomatic Engagement, Fiscal Year 2016, or not 

25 previously justified to such Committees, shall also include 
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1 confirmation that the Department of State has completed 

2 the requisite value engineering studies required pursuant 

3 to OMB Circular A–131, Value Engineering December 31, 

4 2013 and the Bureau of Overseas Building Operations Pol5 icy and Procedure Directive, P&PD, Cost 02: Value Engi6 neering. 

7 (e) REPORTS.— 

8 (1) None of the funds appropriated under the 

9 heading ‘‘Embassy Security, Construction, and Main10 tenance’’ in this Act and prior Acts making appro11 priations for the Department of State, foreign oper12 ations, and related programs, made available through 

13 Federal agency Capital Security Cost Sharing con14 tributions and reimbursements, or generated from the 

15 proceeds of real property sales, other than from real 

16 property sales located in London, United Kingdom, 

17 may be made available for site acquisition and miti18 gation, planning, design, or construction of the New 

19 London Embassy: Provided, That the reporting re20 quirement contained in section 7004(f)(2) of the De21 partment of State, Foreign Operations, and Related 

22 Programs Appropriations Act, 2012 (division I of 

23 Public Law 112–74) shall remain in effect during fis24 cal year 2016. 
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1 (2) Within 45 days of enactment of this Act and 

2 every 4 months thereafter until September 30, 2016, 

3 the Secretary of State shall submit to the Committees 

4 on Appropriations a report on the new Mexico City 

5 Embassy and Beirut Embassy projects: Provided, 

6 That such report shall include, for each of the 

7 projects— 

8 (A) cost projections; 

9 (B) cost containment efforts; 

10 (C) project schedule and actual project sta11 tus; 

12 (D) the impact of currency exchange rate 

13 fluctuations on project costs; 

14 (E) revenues derived from, or estimated to 

15 be derived from, real property sales in Mexico 

16 City, Mexico for the embassy project in Mexico 

17 City and in Beirut, Lebanon for the embassy 

18 project in Beirut; and 

19 (F) options for modifying the scope of the 

20 project in the event that costs escalate above 

21 amounts justified to the Committees on Appro22 priations in Appendix 1 of the Congressional 

23 Budget Justification, Department of State Oper24 ations, Fiscal Year 2015 for the Mexico City 

25 Embassy project, and in Appendix 1 of the Con-
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1 gressional Budget Justification, Department of 

2 State, Diplomatic Engagement, Fiscal Year 2016 

3 for the Beirut Embassy project. 

4 (f) INTERIM AND TEMPORARY FACILITIES ABROAD.— 

5 (1) Funds appropriated by this Act under the 

6 heading ‘‘Embassy Security, Construction, and Main7 tenance’’ may be made available to address security 

8 vulnerabilities at interim and temporary facilities 

9 abroad, including physical security upgrades and 

10 local guard staffing, except that the amount of funds 

11 made available for such purposes from this Act and 

12 prior Acts making appropriations for the Department 

13 of State, foreign operations, and related programs 

14 shall be a minimum of $25,000,000: Provided, That 

15 the uses of such funds should be the responsibility of 

16 the Assistant Secretary of State for the Bureau of 

17 Diplomatic Security and Foreign Missions, in con18 sultation with the Director of the Bureau of Overseas 

19 Buildings Operations: Provided further, That such 

20 funds shall be subject to prior consultation with the 

21 Committees on Appropriations. 

22 (2) Notwithstanding any other provision of law, 

23 the opening, closure, or any significant modification 

24 to an interim or temporary diplomatic facility shall 

25 be subject to prior consultation with the appropriate 
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1 congressional committees and the regular notification 

2 procedures of the Committees on Appropriations, ex3 cept that such consultation and notification may be 

4 waived if there is a security risk to personnel. 

5 (3) Not later than 60 days after enactment of 

6 this Act, the Department of State shall document 

7 standard operating procedures and best practices as8 sociated with the delivery, construction, and protec9 tion of temporary structures in high threat and con10 flict environments: Provided, That the Secretary of 

11 State shall inform the Committees on Appropriations 

12 after completing such documentation. 

13 (g) TRANSFER AUTHORITY.—Funds appropriated 

14 under the heading ‘‘Diplomatic and Consular Programs’’, 

15 including for Worldwide Security Protection, and under the 

16 heading ‘‘Embassy Security, Construction, and Mainte17 nance’’ in titles I and VIII of this Act may be transferred 

18 to, and merged with, funds appropriated by such titles 

19 under such headings if the Secretary of State determines 

20 and reports to the Committees on Appropriations that to 

21 do so is necessary to implement the recommendations of the 

22 Benghazi Accountability Review Board, or to prevent or re23 spond to security situations and requirements, following 

24 consultation with, and subject to the regular notification 

25 procedures of, such Committees: Provided, That such trans-
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1 fer authority is in addition to any transfer authority other2 wise available under any other provision of law. 

3 PERSONNEL ACTIONS

4 SEC. 7005. Any costs incurred by a department or 

5 agency funded under title I of this Act resulting from per6 sonnel actions taken in response to funding reductions in7 cluded in this Act shall be absorbed within the total budg8 etary resources available under title I to such department 

9 or agency: Provided, That the authority to transfer funds 

10 between appropriations accounts as may be necessary to 

11 carry out this section is provided in addition to authorities 

12 included elsewhere in this Act: Provided further, That use 

13 of funds to carry out this section shall be treated as a re14 programming of funds under section 7015 of this Act and 

15 shall not be available for obligation or expenditure except 

16 in compliance with the procedures set forth in that section. 

17 LOCAL GUARD CONTRACTS

18 SEC. 7006. In evaluating proposals for local guard 

19 contracts, the Secretary of State shall award contracts in 

20 accordance with section 136 of the Foreign Relations Au21 thorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 

22 4864), except that the Secretary may grant authorization 

23 to award such contracts on the basis of best value as deter24 mined by a cost-technical tradeoff analysis (as described in 

25 Federal Acquisition Regulation part 15.101), notwith-
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1 standing subsection (c)(3) of such section: Provided, That 

2 the authority in this section shall apply to any options for 

3 renewal that may be exercised under such contracts that 

4 are awarded during the current fiscal year: Provided fur5 ther, That the Secretary shall notify the appropriate con6 gressional committees at least 15 days prior to making an 

7 award pursuant to this section for a local guard and protec8 tive service contract for a United States diplomatic facility 

9 not deemed ‘‘high-risk, high-threat’’. 

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 Cuba, 

16 North Korea, Iran, or Syria: Provided, That for purposes 

17 of this section, the prohibition on obligations or expendi18 tures shall include direct loans, credits, insurance, and 

19 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 duly 

25 elected head of government is deposed by military coup 
1165 

•HR 2029 EAH 

1 d’e ́tat or decree or, after the date of enactment of this Act, 

2 a coup d’e ́tat or decree in which the military plays a deci3 sive role: Provided, That assistance may be resumed to such 

4 government if the Secretary of State certifies and reports 

5 to the appropriate congressional committees that subsequent 

6 to the termination of assistance a democratically elected 

7 government has taken office: Provided further, That the pro8 visions of this section shall not apply to assistance to pro9 mote democratic elections or public participation in demo10 cratic processes: Provided further, That funds made avail11 able pursuant to the previous provisos shall be subject to 

12 the regular notification procedures of the Committees on 

13 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 appropriation 

18 made available for the current fiscal year for the De19 partment of State under title I of this Act may be 

20 transferred between, and merged with, such appro21 priations, but no such appropriation, except as other22 wise specifically provided, shall be increased by more 

23 than 10 percent by any such transfers, and no such 

24 transfer may be made to increase the appropriation 

25 under the heading ‘‘Representation Expenses’’. 
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1 (2) Not to exceed 5 percent of any appropriation 

2 made available for the current fiscal year for the 

3 Broadcasting Board of Governors under title I of this 

4 Act may be transferred between, and merged with, 

5 such appropriations, but no such appropriation, ex6 cept as otherwise specifically provided, shall be in7 creased by more than 10 percent by any such trans8 fers. 

9 (3) Any transfer pursuant to this subsection 

10 shall be treated as a reprogramming of funds under 

11 section 7015 of this Act and shall not be available for 

12 obligation or expenditure except in compliance with 

13 the procedures set forth in that section. 

14 (b) TITLE VI TRANSFER AUTHORITIES.—Not to exceed 

15 5 percent of any appropriation other than for administra16 tive expenses made available for fiscal year 2016, for pro17 grams under title VI of this Act may be transferred between 

18 such appropriations for use for any of the purposes, pro19 grams, and activities for which the funds in such receiving 

20 account may be used, but no such appropriation, except as 

21 otherwise specifically provided, shall be increased by more 

22 than 25 percent by any such transfer: Provided, That the 

23 exercise of such authority shall be subject to the regular no24 tification procedures of the Committees on Appropriations. 
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1 (c) LIMITATION ON TRANSFERS BETWEEN AGEN2 CIES.— 

3 (1) None of the funds made available under titles 

4 II through V of this Act may be transferred to any 

5 department, agency, or instrumentality of the United 

6 States Government, except pursuant to a transfer 

7 made by, or transfer authority provided in, this Act 

8 or any other appropriations Act. 

9 (2) Notwithstanding paragraph (1), in addition 

10 to transfers made by, or authorized elsewhere in, this 

11 Act, funds appropriated by this Act to carry out the 

12 purposes of the Foreign Assistance Act of 1961 may 

13 be allocated or transferred to agencies of the United 

14 States Government pursuant to the provisions of sec15 tions 109, 610, and 632 of the Foreign Assistance Act 

16 of 1961. 

17 (3) Any agreement entered into by the United 

18 States Agency for International Development 

19 (USAID) or the Department of State with any de20 partment, agency, or instrumentality of the United 

21 States Government pursuant to section 632(b) of the 

22 Foreign Assistance Act of 1961 valued in excess of 

23 $1,000,000 and any agreement made pursuant to sec24 tion 632(a) of such Act, with funds appropriated by 

25 this Act and prior Acts making appropriations for 
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1 the Department of State, foreign operations, and re2 lated programs under the headings ‘‘Global Health 

3 Programs’’, ‘‘Development Assistance’’, ‘‘Economic 

4 Support Fund’’, and ‘‘Assistance for Europe, Eurasia 

5 and Central Asia’’ shall be subject to the regular noti6 fication procedures of the Committees on Appropria7 tions: Provided, That the requirement in the previous 

8 sentence shall not apply to agreements entered into 

9 between USAID and the Department of State. 

10 (d) TRANSFERS BETWEEN ACCOUNTS.—None of the 

11 funds made available under titles II through V of this Act 

12 may be obligated under an appropriation account to which 

13 such funds were not appropriated, except for transfers spe14 cifically provided for in this Act, unless the President, not 

15 less than 5 days prior to the exercise of any authority con16 tained in the Foreign Assistance Act of 1961 to transfer 

17 funds, consults with and provides a written policy justifica18 tion to the Committees on Appropriations. 

19 (e) AUDIT OF INTER-AGENCY TRANSFERS.—Any agree20 ment for the transfer or allocation of funds appropriated 

21 by this Act, or prior Acts, entered into between the Depart22 ment of State or USAID and another agency of the United 

23 States Government under the authority of section 632(a) 

24 of the Foreign Assistance Act of 1961 or any comparable 

25 provision of law, shall expressly provide that the Inspector 
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1 General (IG) for the agency receiving the transfer or alloca2 tion of such funds, or other entity with audit responsibility 

3 if the receiving agency does not have an IG, shall perform 

4 periodic program and financial audits of the use of such 

5 funds and report to the Department of State or USAID, 

6 as appropriate, upon completion of such audits: Provided, 

7 That such audits shall be transmitted to the Committees 

8 on Appropriations by the Department of State or USAID, 

9 as appropriate: Provided further, That funds transferred 

10 under such authority may be made available for the cost 

11 of such audits. 

12 (f) REPORT.—Not later than 90 days after enactment 

13 of this Act, the Secretary of State and the USAID Adminis14 trator shall each submit a report to the Committees on Ap15 propriations detailing all transfers to another agency of the 

16 United States Government made pursuant to sections 

17 632(a) and 632(b) of the Foreign Assistance Act of 1961 

18 with funds provided in the Department of State, Foreign 

19 Operations, and Related Programs Appropriations Act, 

20 2015 (division J of Public Law 113–235) as of the date 

21 of enactment of this Act: Provided, That such reports shall 

22 include a list of each transfer made pursuant to such sec23 tions with the respective funding level, appropriation ac24 count, and the receiving agency. 
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1 PROHIBITION ON FIRST-CLASS TRAVEL

2 SEC. 7010. None of the funds made available in this 

3 Act may be used for first-class travel by employees of agen4 cies funded by this Act in contravention of sections 301– 

5 10.122 through 301–10.124 of title 41, Code of Federal Reg6 ulations. 

7 AVAILABILITY OF FUNDS

8 SEC. 7011. No part of any appropriation contained 

9 in this Act shall remain available for obligation after the 

10 expiration of the current fiscal year unless expressly so pro11 vided in this Act: Provided, That funds appropriated for 

12 the purposes of chapters 1 and 8 of part I, section 661, 

13 chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assist14 ance Act of 1961, section 23 of the Arms Export Control 

15 Act, and funds provided under the headings ‘‘Development 

16 Credit Authority’’ and ‘‘Assistance for Europe, Eurasia and 

17 Central Asia’’ shall remain available for an additional 4 

18 years from the date on which the availability of such funds 

19 would otherwise have expired, if such funds are initially 

20 obligated before the expiration of their respective periods of 

21 availability contained in this Act: Provided further, That 

22 notwithstanding any other provision of this Act, any funds 

23 made available for the purposes of chapter 1 of part I and 

24 chapter 4 of part II of the Foreign Assistance Act of 1961 

25 which are allocated or obligated for cash disbursements in 
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1 order to address balance of payments or economic policy 

2 reform objectives, shall remain available for an additional 

3 4 years from the date on which the availability of such 

4 funds would otherwise have expired, if such funds are ini5 tially allocated or obligated before the expiration of their 

6 respective periods of availability contained in this Act: Pro7 vided further, That the Secretary of State shall provide a 

8 report to the Committees on Appropriations not later than 

9 October 30, 2016, detailing by account and source year, the 

10 use of this authority during the previous fiscal year. 

11 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

12 SEC. 7012. No part of any appropriation provided 

13 under titles III through VI in this Act shall be used to fur14 nish assistance to the government of any country which is 

15 in default during a period in excess of 1 calendar year in 

16 payment to the United States of principal or interest on 

17 any loan made to the government of such country by the 

18 United States pursuant to a program for which funds are 

19 appropriated under this Act unless the President deter20 mines, following consultations with the Committees on Ap21 propriations, that assistance for such country is in the na22 tional interest of the United States. 
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1 PROHIBITION ON TAXATION OF UNITED STATES

2 ASSISTANCE

3 SEC. 7013. (a) PROHIBITION ON TAXATION.—None of 

4 the funds appropriated under titles III through VI of this 

5 Act may be made available to provide assistance for a for6 eign country under a new bilateral agreement governing the 

7 terms and conditions under which such assistance is to be 

8 provided unless such agreement includes a provision stating 

9 that assistance provided by the United States shall be ex10 empt from taxation, or reimbursed, by the foreign govern11 ment, and the Secretary of State shall expeditiously seek 

12 to negotiate amendments to existing bilateral agreements, 

13 as necessary, to conform with this requirement. 

14 (b) REIMBURSEMENT OF FOREIGN TAXES.—An 

15 amount equivalent to 200 percent of the total taxes assessed 

16 during fiscal year 2016 on funds appropriated by this Act 

17 by a foreign government or entity against United States 

18 assistance programs for which funds are appropriated by 

19 this Act, either directly or through grantees, contractors, 

20 and subcontractors shall be withheld from obligation from 

21 funds appropriated for assistance for fiscal year 2017 and 

22 allocated for the central government of such country and 

23 for the West Bank and Gaza program to the extent that 

24 the Secretary of State certifies and reports in writing to 

25 the Committees on Appropriations, not later than Sep-
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1 tember 30, 2017, that such taxes have not been reimbursed 

2 to the Government of the United States. 

3 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de 

4 minimis nature shall not be subject to the provisions of sub5 section (b). 

6 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

7 from obligation for each country or entity pursuant to sub8 section (b) shall be reprogrammed for assistance for coun9 tries which do not assess taxes on United States assistance 

10 or which have an effective arrangement that is providing 

11 substantial reimbursement of such taxes, and that can rea12 sonably accommodate such assistance in a program13 matically responsible manner. 

14 (e) DETERMINATIONS.— 

15 (1) The provisions of this section shall not apply 

16 to any country or entity if the Secretary of State re17 ports to the Committees on Appropriations that— 

18 (A) such country or entity does not assess 

19 taxes on United States assistance or has an effec20 tive arrangement that is providing substantial 

21 reimbursement of such taxes; or 

22 (B) the foreign policy interests of the United 

23 States outweigh the purpose of this section to en24 sure that United States assistance is not subject 

25 to taxation. 
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1 (2) The Secretary of State shall consult with the 

2 Committees on Appropriations at least 15 days prior 

3 to exercising the authority of this subsection with re4 gard to any country or entity. 

5 (f) IMPLEMENTATION.—The Secretary of State shall 

6 issue rules, regulations, or policy guidance, as appropriate, 

7 to implement the prohibition against the taxation of assist8 ance contained in this section. 

9 (g) DEFINITIONS.—As used in this section— 

10 (1) the term ‘‘bilateral agreement’’ refers to a 

11 framework bilateral agreement between the Govern12 ment of the United States and the government of the 

13 country receiving assistance that describes the privi14 leges and immunities applicable to United States for15 eign assistance for such country generally, or an indi16 vidual agreement between the Government of the 

17 United States and such government that describes, 

18 among other things, the treatment for tax purposes 

19 that will be accorded the United States assistance 

20 provided under that agreement; and 

21 (2) the term ‘‘taxes and taxation’’ shall include 

22 value added taxes and customs duties but shall not 

23 include individual income taxes assessed to local staff. 

24 (h) REPORT.—The Secretary of State, in consultation 

25 with the heads of other relevant departments or agencies, 
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1 shall submit a report to the Committees on Appropriations, 

2 not later than 90 days after the enactment of this Act, de3 tailing steps taken by such departments or agencies to com4 ply with the requirements of this section. 

5 RESERVATIONS OF FUNDS

6 SEC. 7014. (a) REPROGRAMMING.—Funds appro7 priated under titles III through VI of this Act which are 

8 specifically designated may be reprogrammed for other pro9 grams within the same account notwithstanding the des10 ignation if compliance with the designation is made impos11 sible by operation of any provision of this or any other Act: 

12 Provided, That any such reprogramming shall be subject 

13 to the regular notification procedures of the Committees on 

14 Appropriations: Provided further, That assistance that is 

15 reprogrammed pursuant to this subsection shall be made 

16 available under the same terms and conditions as originally 

17 provided. 

18 (b) EXTENSION OF AVAILABILITY.—In addition to the 

19 authority contained in subsection (a), the original period 

20 of availability of funds appropriated by this Act and ad21 ministered by the Department of State or the United States 

22 Agency for International Development (USAID) that are 

23 specifically designated for particular programs or activities 

24 by this or any other Act may be extended for an additional 

25 fiscal year if the Secretary of State or the USAID Adminis-
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1 trator, as appropriate, determines and reports promptly to 

2 the Committees on Appropriations that the termination of 

3 assistance to a country or a significant change in cir4 cumstances makes it unlikely that such designated funds 

5 can be obligated during the original period of availability: 

6 Provided, That such designated funds that continue to be 

7 available for an additional fiscal year shall be obligated 

8 only for the purpose of such designation. 

9 (c) OTHER ACTS.—Ceilings and specifically des10 ignated funding levels contained in this Act shall not be 

11 applicable to funds or authorities appropriated or otherwise 

12 made available by any subsequent Act unless such Act spe13 cifically so directs: Provided, That specifically designated 

14 funding levels or minimum funding requirements contained 

15 in any other Act shall not be applicable to funds appro16 priated by this Act. 

17 NOTIFICATION REQUIREMENTS

18 SEC. 7015. (a) NOTIFICATION OF CHANGES IN PRO19 GRAMS, PROJECTS, AND ACTIVITIES.—None of the funds 

20 made available in titles I and II of this Act, or in prior 

21 appropriations Acts to the agencies and departments funded 

22 by this Act that remain available for obligation in fiscal 

23 year 2016, or provided from any accounts in the Treasury 

24 of the United States derived by the collection of fees or of 

25 currency reflows or other offsetting collections, or made 
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1 available by transfer, to the agencies and departments fund2 ed by this Act, shall be available for obligation to— 

3 (1) create new programs; 

4 (2) eliminate a program, project, or activity; 

5 (3) close, suspend, open, or reopen a mission or 

6 post; 

7 (4) create, close, reorganize, or rename bureaus, 

8 centers, or offices; or 

9 (5) contract out or privatize any functions or ac10 tivities presently performed by Federal employees; 

11 unless previously justified to the Committees on Appropria12 tions or such Committees are notified 15 days in advance 

13 of such obligation. 

14 (b) NOTIFICATION OF REPROGRAMMING OF FUNDS.— 

15 None of the funds provided under titles I and II of this 

16 Act, or provided under previous appropriations Acts to the 

17 agency or department funded under titles I and II of this 

18 Act that remain available for obligation in fiscal year 2016, 

19 or provided from any accounts in the Treasury of the 

20 United States derived by the collection of fees available to 

21 the agency or department funded under title I of this Act, 

22 shall be available for obligation or expenditure for activi23 ties, programs, or projects through a reprogramming of 

24 funds in excess of $1,000,000 or 10 percent, whichever is 

25 less, that— 
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1 (1) augments or changes existing programs, 

2 projects, or activities; 

3 (2) relocates an existing office or employees; 

4 (3) reduces by 10 percent funding for any exist5 ing program, project, or activity, or numbers of per6 sonnel by 10 percent as approved by Congress; or 

7 (4) results from any general savings, including 

8 savings from a reduction in personnel, which would 

9 result in a change in existing programs, activities, or 

10 projects as approved by Congress; 

11 unless the Committees on Appropriations are notified 15 

12 days in advance of such reprogramming of funds. 

13 (c) NOTIFICATION REQUIREMENT.—None of the funds 

14 made available by this Act under the headings ‘‘Global 

15 Health Programs’’, ‘‘Development Assistance’’, ‘‘Inter16 national Organizations and Programs’’, ‘‘Trade and Devel17 opment Agency’’, ‘‘International Narcotics Control and 

18 Law Enforcement’’, ‘‘Economic Support Fund’’, ‘‘Democ19 racy Fund’’, ‘‘Assistance for Europe, Eurasia and Central 

20 Asia’’, ‘‘Peacekeeping Operations’’, ‘‘Nonproliferation, 

21 Anti-terrorism, Demining and Related Programs’’, ‘‘Millen22 nium Challenge Corporation’’, ‘‘Foreign Military Financ23 ing Program’’, ‘‘International Military Education and 

24 Training’’, and ‘‘Peace Corps’’, shall be available for obliga25 tion for activities, programs, projects, type of materiel as-
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1 sistance, countries, or other operations not justified or in 

2 excess of the amount justified to the Committees on Appro3 priations for obligation under any of these specific headings 

4 unless the Committees on Appropriations are notified 15 

5 days in advance: Provided, That the President shall not 

6 enter into any commitment of funds appropriated for the 

7 purposes of section 23 of the Arms Export Control Act for 

8 the provision of major defense equipment, other than con9 ventional ammunition, or other major defense items defined 

10 to be aircraft, ships, missiles, or combat vehicles, not pre11 viously justified to Congress or 20 percent in excess of the 

12 quantities justified to Congress unless the Committees on 

13 Appropriations are notified 15 days in advance of such 

14 commitment: Provided further, That requirements of this 

15 subsection or any similar provision of this or any other 

16 Act shall not apply to any reprogramming for an activity, 

17 program, or project for which funds are appropriated under 

18 titles III through VI of this Act of less than 10 percent of 

19 the amount previously justified to Congress for obligation 

20 for such activity, program, or project for the current fiscal 

21 year: Provided further, That any notification submitted 

22 pursuant to subsection (f) of this section shall include infor23 mation (if known on the date of transmittal of such notifi24 cation) on the use of notwithstanding authority: Provided 

25 further, That if subsequent to the notification of assistance 
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1 it becomes necessary to rely on notwithstanding authority, 

2 the Committees on Appropriations should be informed at 

3 the earliest opportunity and to the extent practicable. 

4 (d) NOTIFICATION OF TRANSFER OF FUNDS.—Not5 withstanding any other provision of law, with the exception 

6 of funds transferred to, and merged with, funds appro7 priated under title I of this Act, funds transferred by the 

8 Department of Defense to the Department of State and the 

9 United States Agency for International Development for as10 sistance for foreign countries and international organiza11 tions, and funds made available for programs previously 

12 authorized under section 1206 of the National Defense Au13 thorization Act for Fiscal Year 2006 (Public Law 109–163) 

14 or section 2282 of title 10, United States Code, shall be sub15 ject to the regular notification procedures of the Committees 

16 on Appropriations. 

17 (e) WAIVER.—The requirements of this section or any 

18 similar provision of this Act or any other Act, including 

19 any prior Act requiring notification in accordance with the 

20 regular notification procedures of the Committees on Appro21 priations, may be waived if failure to do so would pose a 

22 substantial risk to human health or welfare: Provided, That 

23 in case of any such waiver, notification to the Committees 

24 on Appropriations shall be provided as early as practicable, 

25 but in no event later than 3 days after taking the action 
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1 to which such notification requirement was applicable, in 

2 the context of the circumstances necessitating such waiver: 

3 Provided further, That any notification provided pursuant 

4 to such a waiver shall contain an explanation of the emer5 gency circumstances. 

6 (f) COUNTRY NOTIFICATION REQUIREMENTS.—None of 

7 the funds appropriated under titles III through VI of this 

8 Act may be obligated or expended for assistance for Afghan9 istan, Bahrain, Bolivia, Burma, Cambodia, Colombia, 

10 Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Guatemala, 

11 Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, 

12 Pakistan, the Russian Federation, Somalia, South Sudan, 

13 Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, 

14 and Zimbabwe except as provided through the regular noti15 fication procedures of the Committees on Appropriations. 

16 (g) WITHHOLDING OF FUNDS.—Funds appropriated 

17 by this Act under titles III and IV that are withheld from 

18 obligation or otherwise not programmed as a result of ap19 plication of a provision of law in this or any other Act 

20 shall, if reprogrammed, be subject to the regular notification 

21 procedures of the Committees on Appropriations. 

22 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

23 SEC. 7016. Prior to providing excess Department of 

24 Defense articles in accordance with section 516(a) of the 

25 Foreign Assistance Act of 1961, the Department of Defense 
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1 shall notify the Committees on Appropriations to the same 

2 extent and under the same conditions as other committees 

3 pursuant to subsection (f) of that section: Provided, That 

4 before issuing a letter of offer to sell excess defense articles 

5 under the Arms Export Control Act, the Department of De6 fense shall notify the Committees on Appropriations in ac7 cordance with the regular notification procedures of such 

8 Committees if such defense articles are significant military 

9 equipment (as defined in section 47(9) of the Arms Export 

10 Control Act) or are valued (in terms of original acquisition 

11 cost) at $7,000,000 or more, or if notification is required 

12 elsewhere in this Act for the use of appropriated funds for 

13 specific countries that would receive such excess defense ar14 ticles: Provided further, That such Committees shall also be 

15 informed of the original acquisition cost of such defense ar16 ticles. 

17 LIMITATION ON AVAILABILITY OF FUNDS FOR

18 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

19 SEC. 7017. Subject to the regular notification proce20 dures of the Committees on Appropriations, funds appro21 priated under titles I and III through V of this Act, which 

22 are returned or not made available for organizations and 

23 programs because of the implementation of section 307(a) 

24 of the Foreign Assistance Act of 1961 or section 7048(a) 

25 of this Act, shall remain available for obligation until Sep-
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1 tember 30, 2018: Provided, That the requirement to with2 hold funds for programs in Burma under section 307(a) 

3 of the Foreign Assistance Act of 1961 shall not apply to 

4 funds appropriated by this Act. 

5 PROHIBITION ON FUNDING FOR ABORTIONS AND

6 INVOLUNTARY STERILIZATION

7 SEC. 7018. None of the funds made available to carry 

8 out part I of the Foreign Assistance Act of 1961, as amend9 ed, may be used to pay for the performance of abortions 

10 as a method of family planning or to motivate or coerce 

11 any person to practice abortions. None of the funds made 

12 available to carry out part I of the Foreign Assistance Act 

13 of 1961, as amended, may be used to pay for the perform14 ance of involuntary sterilization as a method of family 

15 planning or to coerce or provide any financial incentive 

16 to any person to undergo sterilizations. None of the funds 

17 made available to carry out part I of the Foreign Assistance 

18 Act of 1961, as amended, may be used to pay for any bio19 medical research which relates in whole or in part, to meth20 ods of, or the performance of, abortions or involuntary steri21 lization as a means of family planning. None of the funds 

22 made available to carry out part I of the Foreign Assistance 

23 Act of 1961, as amended, may be obligated or expended for 

24 any country or organization if the President certifies that 

25 the use of these funds by any such country or organization 
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1 would violate any of the above provisions related to abor2 tions and involuntary sterilizations. 

3 ALLOCATIONS

4 SEC. 7019. (a) ALLOCATION TABLES.—Subject to sub5 section (b), funds appropriated by this Act under titles III 

6 through V shall be made available in the amounts specifi7 cally designated in the respective tables included in the ex8 planatory statement described in section 4 (in the matter 

9 preceding division A of this Consolidated Act): Provided, 

10 That such designated amounts for foreign countries and 

11 international organizations shall serve as the amounts for 

12 such countries and international organizations transmitted 

13 to the Congress in the report required by section 653(a) of 

14 the Foreign Assistance Act of 1961 (FAA). 

15 (b) AUTHORIZED DEVIATIONS.—Unless otherwise pro16 vided for by this Act, the Secretary of State and the Admin17 istrator of the United States Agency for International De18 velopment, as applicable, may only deviate up to 5 percent 

19 from the amounts specifically designated in the respective 

20 tables included in the explanatory statement described in 

21 section 4 (in the matter preceding division A of this Con22 solidated Act): Provided, That such percentage may be ex23 ceeded only to respond to significant, exigent, or unforeseen 

24 events, or to address other exceptional circumstances di25 rectly related to the national interest: Provided further, 
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1 That deviations pursuant to the previous proviso shall be 

2 subject to prior consultation with, and the regular notifica3 tion procedures of, the Committees on Appropriations. 

4 (c) LIMITATION.—For specifically designated amounts 

5 that are included, pursuant to subsection (a), in the report 

6 required by section 653(a) of the FAA, no deviations au7 thorized by subsection (b) may take place until submission 

8 of such report. 

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 business 

16 and United States foreign policy interests— 

17 (1) are primarily for fostering relations outside 

18 of the Executive Branch; 

19 (2) are principally for meals and events of a 

20 protocol nature; 

21 (3) are 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 or 

25 otherwise made available by this Act under the headings 
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1 ‘‘International Military Education and Training’’ or ‘‘For2 eign Military Financing Program’’ for Informational Pro3 gram activities or under the headings ‘‘Global Health Pro4 grams’’, ‘‘Development Assistance’’, ‘‘Economic Support 

5 Fund’’, and ‘‘Assistance for Europe, Eurasia and Central 

6 Asia’’ may be obligated or expended to pay for— 

7 (1) alcoholic beverages; or 

8 (2) entertainment expenses for activities that are 

9 substantially of a recreational character, including 

10 but not limited to entrance fees at sporting events, 

11 theatrical and musical productions, and amusement 

12 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 has determined supports inter23 national terrorism for purposes of section 6(j) of the 

24 Export Administration Act of 1979 as continued in 

25 effect pursuant to the International Emergency Eco-
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1 nomic Powers Act: Provided, That the prohibition 

2 under this section with respect to a foreign govern3 ment shall terminate 12 months after that government 

4 ceases to provide such military equipment: Provided 

5 further, That this section applies with respect to le6 thal military equipment provided under a contract 

7 entered into after October 1, 1997. 

8 (2) DETERMINATION.—Assistance restricted by 

9 paragraph (1) or any other similar provision of law, 

10 may be furnished if the President determines that to 

11 do so is important to the national interests of the 

12 United States. 

13 (3) REPORT.—Whenever the President makes a 

14 determination pursuant to paragraph (2), the Presi15 dent shall submit to the Committees on Appropria16 tions a report with respect to the furnishing of such 

17 assistance, including a detailed explanation of the as18 sistance to be provided, the estimated dollar amount 

19 of such assistance, and an explanation of how the as20 sistance furthers United States national interests. 

21 (b) BILATERAL ASSISTANCE.— 

22 (1) LIMITATIONS.—Funds appropriated for bi23 lateral assistance in titles III through VI of this Act 

24 and funds appropriated under any such title in prior 

25 Acts making appropriations for the Department of 
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1 State, foreign operations, and related programs, shall 

2 not be made available to any foreign government 

3 which the President determines— 

4 (A) grants sanctuary from prosecution to 

5 any individual or group which has committed 

6 an act of international terrorism; 

7 (B) otherwise supports international ter8 rorism; or 

9 (C) is controlled by an organization des10 ignated as a terrorist organization under section 

11 219 of the Immigration and Nationality Act. 

12 (2) WAIVER.—The President may waive the ap13 plication of paragraph (1) to a government if the 

14 President determines that national security or hu15 manitarian reasons justify such waiver: Provided, 

16 That the President shall publish each such waiver in 

17 the Federal Register and, at least 15 days before the 

18 waiver takes effect, shall notify the Committees on Ap19 propriations of the waiver (including the justification 

20 for the waiver) in accordance with the regular notifi21 cation procedures of the Committees on Appropria22 tions. 

23 AUTHORIZATION REQUIREMENTS

24 SEC. 7022. Funds appropriated by this Act, except 

25 funds appropriated under the heading ‘‘Trade and Develop-
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1 ment Agency’’, may be obligated and expended notwith2 standing section 10 of Public Law 91–672, section 15 of 

3 the State Department Basic Authorities Act of 1956, section 

4 313 of the Foreign Relations Authorization Act, Fiscal 

5 Years 1994 and 1995 (Public Law 103–236), and section 

6 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 

7 3094(a)(1)). 

8 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

9 SEC. 7023. For the purpose of titles II through VI of 

10 this Act ‘‘program, project, and activity’’ shall be defined 

11 at the appropriations Act account level and shall include 

12 all appropriations and authorizations Acts funding direc13 tives, ceilings, and limitations with the exception that for 

14 the following accounts: ‘‘Economic Support Fund’’ and 

15 ‘‘Foreign Military Financing Program’’, ‘‘program, project, 

16 and activity’’ shall also be considered to include country, 

17 regional, and central program level funding within each 

18 such account; and for the development assistance accounts 

19 of the United States Agency for International Development, 

20 ‘‘program, project, and activity’’ shall also be considered 

21 to include central, country, regional, and program level 

22 funding, either as— 

23 (1) justified to Congress; or 

24 (2) allocated by the Executive Branch in accord25 ance with a report, to be provided to the Committees 
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1 on Appropriations within 30 days of the enactment 

2 of this Act, as required by section 653(a) of the For3 eign Assistance Act of 1961. 

4 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

5 FOUNDATION AND UNITED STATES AFRICAN DEVELOP6 MENT FOUNDATION

7 SEC. 7024. Unless expressly provided to the contrary, 

8 provisions of this or any other Act, including provisions 

9 contained in prior Acts authorizing or making appropria10 tions for the Department of State, foreign operations, and 

11 related programs, shall not be construed to prohibit activi12 ties authorized by or conducted under the Peace Corps Act, 

13 the Inter-American Foundation Act or the African Develop14 ment Foundation Act: Provided, That prior to conducting 

15 activities in a country for which assistance is prohibited, 

16 the agency shall consult with the Committees on Appropria17 tions and report to such Committees within 15 days of tak18 ing such action. 

19 COMMERCE, TRADE AND SURPLUS COMMODITIES

20 SEC. 7025. (a) WORLD MARKETS.—None of the funds 

21 appropriated or made available pursuant to titles III 

22 through VI of this Act for direct assistance and none of the 

23 funds otherwise made available to the Export-Import Bank 

24 and the Overseas Private Investment Corporation shall be 

25 obligated or expended to finance any loan, any assistance, 
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1 or any other financial commitments for establishing or ex2 panding production of any commodity for export by any 

3 country other than the United States, if the commodity is 

4 likely to be in surplus on world markets at the time the 

5 resulting productive capacity is expected to become opera6 tive and if the assistance will cause substantial injury to 

7 United States producers of the same, similar, or competing 

8 commodity: Provided, That such prohibition shall not 

9 apply to the Export-Import Bank if in the judgment of its 

10 Board of Directors the benefits to industry and employment 

11 in the United States are likely to outweigh the injury to 

12 United States producers of the same, similar, or competing 

13 commodity, and the Chairman of the Board so notifies the 

14 Committees on Appropriations: Provided further, That this 

15 subsection shall not prohibit— 

16 (1) activities in a country that is eligible for as17 sistance from the International Development Associa18 tion, is not eligible for assistance from the Inter19 national Bank for Reconstruction and Development, 

20 and does not export on a consistent basis the agricul21 tural commodity with respect to which assistance is 

22 furnished; or 

23 (2) activities in a country the President deter24 mines is recovering from widespread conflict, a hu25 manitarian crisis, or a complex emergency. 
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1 (b) EXPORTS.—None of the funds appropriated by this 

2 or any other Act to carry out chapter 1 of part I of the 

3 Foreign Assistance Act of 1961 shall be available for any 

4 testing or breeding feasibility study, variety improvement 

5 or introduction, consultancy, publication, conference, or 

6 training in connection with the growth or production in 

7 a foreign country of an agricultural commodity for export 

8 which would compete with a similar commodity grown or 

9 produced in the United States: Provided, That this sub10 section shall not prohibit— 

11 (1) activities designed to increase food security 

12 in developing countries where such activities will not 

13 have a significant impact on the export of agricul14 tural commodities of the United States; 

15 (2) research activities intended primarily to ben16 efit United States producers; 

17 (3) activities in a country that is eligible for as18 sistance from the International Development Associa19 tion, is not eligible for assistance from the Inter20 national Bank for Reconstruction and Development, 

21 and does not export on a consistent basis the agricul22 tural commodity with respect to which assistance is 

23 furnished; or 
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1 (4) activities in a country the President deter2 mines is recovering from widespread conflict, a hu3 manitarian crisis, or a complex emergency. 

4 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.—The 

5 Secretary of the Treasury shall instruct the United States 

6 executive directors of the international financial institu7 tions, as defined in section 7034(r)(3) of this Act, to use 

8 the voice and vote of the United States to oppose any assist9 ance by such institutions, using funds appropriated or 

10 made available by this Act, for the production or extraction 

11 of any commodity or mineral for export, if it is in surplus 

12 on world markets and if the assistance will cause substan13 tial injury to United States producers of the same, similar, 

14 or competing commodity. 

15 SEPARATE ACCOUNTS

16 SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL CUR17 RENCIES.— 

18 (1) AGREEMENTS.—If assistance is furnished to 

19 the government of a foreign country under chapters 1 

20 and 10 of part I or chapter 4 of part II of the For21 eign Assistance Act of 1961 under agreements which 

22 result in the generation of local currencies of that 

23 country, the Administrator of the United States Agen24 cy for International Development (USAID) shall— 
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1 (A) require that local currencies be depos2 ited in a separate account established by that 

3 government; 

4 (B) enter into an agreement with that gov5 ernment which sets forth— 

6 (i) the amount of the local currencies 

7 to be generated; and 

8 (ii) the terms and conditions under 

9 which the currencies so deposited may be 

10 utilized, consistent with this section; and 

11 (C) establish by agreement with that gov12 ernment the responsibilities of USAID and that 

13 government to monitor and account for deposits 

14 into and disbursements from the separate ac15 count. 

16 (2) USES OF LOCAL CURRENCIES.—As may be 

17 agreed upon with the foreign government, local cur18 rencies deposited in a separate account pursuant to 

19 subsection (a), or an equivalent amount of local cur20 rencies, shall be used only— 

21 (A) to carry out chapter 1 or 10 of part I 

22 or chapter 4 of part II of the Foreign Assistance 

23 Act of 1961 (as the case may be), for such pur24 poses as— 
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1 (i) project and sector assistance activi2 ties; or 

3 (ii) debt and deficit financing; or 

4 (B) for the administrative requirements of 

5 the United States Government. 

6 (3) PROGRAMMING ACCOUNTABILITY.—USAID 

7 shall take all necessary steps to ensure that the equiv8 alent of the local currencies disbursed pursuant to 

9 subsection (a)(2)(A) from the separate account estab10 lished pursuant to subsection (a)(1) are used for the 

11 purposes agreed upon pursuant to subsection (a)(2). 

12 (4) TERMINATION OF ASSISTANCE PROGRAMS.— 

13 Upon termination of assistance to a country under 

14 chapter 1 or 10 of part I or chapter 4 of part II of 

15 the Foreign Assistance Act of 1961 (as the case may 

16 be), any unencumbered balances of funds which re17 main in a separate account established pursuant to 

18 subsection (a) shall be disposed of for such purposes 

19 as may be agreed to by the government of that coun20 try and the United States Government. 

21 (5) REPORTING REQUIREMENT.—The USAID 

22 Administrator shall report on an annual basis as 

23 part of the justification documents submitted to the 

24 Committees on Appropriations on the use of local cur25 rencies for the administrative requirements of the 
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1 United States Government as authorized in subsection 

2 (a)(2)(B), and such report shall include the amount 

3 of local currency (and United States dollar equiva4 lent) used or to be used for such purpose in each ap5 plicable country. 

6 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 

7 (1) IN GENERAL.—If assistance is made avail8 able to the government of a foreign country, under 

9 chapter 1 or 10 of part I or chapter 4 of part II of 

10 the Foreign Assistance Act of 1961, as cash transfer 

11 assistance or as nonproject sector assistance, that 

12 country shall be required to maintain such funds in 

13 a separate account and not commingle with any other 

14 funds. 

15 (2) APPLICABILITY OF OTHER PROVISIONS OF

16 LAW.—Such funds may be obligated and expended 

17 notwithstanding provisions of law which are incon18 sistent with the nature of this assistance including 

19 provisions which are referenced in the Joint Explana20 tory Statement of the Committee of Conference accom21 panying House Joint Resolution 648 (House Report 

22 No. 98–1159). 

23 (3) NOTIFICATION.—At least 15 days prior to ob24 ligating any such cash transfer or nonproject sector 

25 assistance, the President shall submit a notification 
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1 through the regular notification procedures of the 

2 Committees on Appropriations, which shall include a 

3 detailed description of how the funds proposed to be 

4 made available will be used, with a discussion of the 

5 United States interests that will be served by the as6 sistance (including, as appropriate, a description of 

7 the economic policy reforms that will be promoted by 

8 such assistance). 

9 (4) EXEMPTION.—Nonproject sector assistance 

10 funds may be exempt from the requirements of para11 graph (1) only through the regular notification proce12 dures of the Committees on Appropriations. 

13 ELIGIBILITY FOR ASSISTANCE

14 SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERN15 MENTAL ORGANIZATIONS.—Restrictions contained in this 

16 or any other Act with respect to assistance for a country 

17 shall not be construed to restrict assistance in support of 

18 programs of nongovernmental organizations from funds ap19 propriated by this Act to carry out the provisions of chap20 ters 1, 10, 11, and 12 of part I and chapter 4 of part II 

21 of the Foreign Assistance Act of 1961 and from funds ap22 propriated under the heading ‘‘Assistance for Europe, Eur23 asia and Central Asia’’: Provided, That before using the au24 thority of this subsection to furnish assistance in support 

25 of programs of nongovernmental organizations, the Presi-
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1 dent shall notify the Committees on Appropriations pursu2 ant to the regular notification procedures, including a de3 scription of the program to be assisted, the assistance to 

4 be provided, and the reasons for furnishing such assistance: 

5 Provided further, That nothing in this subsection shall be 

6 construed to alter any existing statutory prohibitions 

7 against abortion or involuntary sterilizations contained in 

8 this or any other Act. 

9 (b) PUBLIC LAW 480.—During fiscal year 2016, re10 strictions contained in this or any other Act with respect 

11 to assistance for a country shall not be construed to restrict 

12 assistance under the Food for Peace Act (Public Law 83– 

13 480): Provided, That none of the funds appropriated to 

14 carry out title I of such Act and made available pursuant 

15 to this subsection may be obligated or expended except as 

16 provided through the regular notification procedures of the 

17 Committees on Appropriations. 

18 (c) EXCEPTION.—This section shall not apply— 

19 (1) with respect to section 620A of the Foreign 

20 Assistance Act of 1961 or any comparable provision 

21 of law prohibiting assistance to countries that support 

22 international terrorism; or 

23 (2) with respect to section 116 of the Foreign As24 sistance Act of 1961 or any comparable provision of 

25 law prohibiting assistance to the government of a 
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1 country that violates internationally recognized 

2 human rights. 

3 LOCAL COMPETITION

4 SEC. 7028. (a) REQUIREMENTS FOR EXCEPTIONS TO

5 COMPETITION FOR LOCAL ENTITIES.—Funds appropriated 

6 by this Act that are made available to the United States 

7 Agency for International Development (USAID) may only 

8 be made available for limited competitions through local en9 tities if— 

10 (1) prior to the determination to limit competi11 tion to local entities, USAID has— 

12 (A) assessed the level of local capacity to ef13 fectively implement, manage, and account for 

14 programs included in such competition; and 

15 (B) documented the written results of the 

16 assessment and decisions made; and 

17 (2) prior to making an award after limiting 

18 competition to local entities— 

19 (A) each successful local entity has been de20 termined to be responsible in accordance with 

21 USAID guidelines; and 

22 (B) effective monitoring and evaluation sys23 tems are in place to ensure that award funding 

24 is used for its intended purposes; and 

25 (3) no level of acceptable fraud is assumed. 
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1 (b) REPORTING REQUIREMENT.—In addition to the re2 quirements of subsection (a)(1), the USAID Administrator 

3 shall report, on an annual basis, to the appropriate congres4 sional committees on all awards subject to limited or no 

5 competition for local entities: Provided, That such report 

6 should be posted on the USAID Web site: Provided further, 

7 That the requirements of this subsection shall only apply 

8 to awards in excess of $3,000,000 and sole source awards 

9 to local entities in excess of $2,000,000. 

10 (c) EXTENSION OF PROCUREMENT AUTHORITY.—Sec11 tion 7077 of the Department of State, Foreign Operations, 

12 and Related Programs Appropriations Act, 2012 (division 

13 I of Public Law 112–74) shall continue in effect during fis14 cal year 2016, as amended by the Department of State, For15 eign Operations, and Related Programs Appropriations 

16 Act, 2014 (division K of Public Law 113–76). 

17 INTERNATIONAL FINANCIAL INSTITUTIONS

18 SEC. 7029. (a) EVALUATIONS AND REPORT.—The Sec19 retary of the Treasury shall instruct the United States exec20 utive director of each international financial institution to 

21 seek to require that such institution adopts and implements 

22 a publicly available policy, including the strategic use of 

23 peer reviews and external experts, to conduct independent, 

24 in-depth evaluations of the effectiveness of at least 25 per25 cent of all loans, grants, programs, and significant analyt-
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1 ical non-lending activities in advancing the institution’s 

2 goals of reducing poverty and promoting equitable economic 

3 growth, consistent with relevant safeguards, to ensure that 

4 decisions to support such loans, grants, programs, and ac5 tivities are based on accurate data and objective analysis: 

6 Provided, That not later than 180 days after enactment of 

7 this Act, the Secretary shall submit a report to the Commit8 tees on Appropriations on steps taken by the United States 

9 executive directors and the international financial institu10 tions consistent with this subsection. 

11 (b) SAFEGUARDS.—The Secretary of the Treasury 

12 shall instruct the United States Executive Director of the 

13 International Bank for Reconstruction and Development 

14 and the International Development Association to vote 

15 against any loan, grant, policy, or strategy if such institu16 tion has adopted and is implementing any social or envi17 ronmental safeguard relevant to such loan, grant, policy, 

18 or strategy that provides less protection than World Bank 

19 safeguards in effect on September 30, 2015. 

20 (c) COMPENSATION.—None of the funds appropriated 

21 under title V of this Act may be made as payment to any 

22 international financial institution while the United States 

23 executive director to such institution is compensated by the 

24 institution at a rate which, together with whatever com25 pensation such executive director receives from the United 
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1 States, is in excess of the rate provided for an individual 

2 occupying a position at level IV of the Executive Schedule 

3 under section 5315 of title 5, United States Code, or while 

4 any alternate United States executive director to such insti5 tution is compensated by the institution at a rate in excess 

6 of the rate provided for an individual occupying a position 

7 at level V of the Executive Schedule under section 5316 of 

8 title 5, United States Code. 

9 (d) HUMAN RIGHTS.—The Secretary of the Treasury 

10 shall instruct the United States executive director of each 

11 international financial institution to seek to require that 

12 such institution conducts rigorous human rights due dili13 gence and risk management, as appropriate, in connection 

14 with any loan, grant, policy, or strategy of such institution: 

15 Provided, That prior to voting on any such loan, grant, 

16 policy, or strategy the executive director shall consult with 

17 the Assistant Secretary for Democracy, Human Rights, and 

18 Labor, Department of State, if the executive director has 

19 reason to believe that such loan, grant, policy, or strategy 

20 could result in forced displacement or other violation of 

21 human rights. 

22 (e) FRAUD AND CORRUPTION.—The Secretary of the 

23 Treasury shall instruct the United States executive director 

24 of each international financial institution to promote in 

25 loan, grant, and other financing agreements improvements 
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1 in borrowing countries’ financial management and judicial 

2 capacity to investigate, prosecute, and punish fraud and 

3 corruption. 

4 (f) BENEFICIAL OWNERSHIP INFORMATION.—The Sec5 retary of the Treasury shall instruct the United States exec6 utive director of each international financial institution to 

7 seek to require that such institution collects, verifies, and 

8 publishes, to the maximum extent practicable, beneficial 

9 ownership information (excluding proprietary information) 

10 for any corporation or limited liability company, other 

11 than a publicly listed company, that receives funds appro12 priated by this Act that are provided as payment to such 

13 institution: Provided, That not later than 180 days after 

14 enactment of this Act, the Secretary shall submit a report 

15 to the Committees on Appropriations on steps taken by the 

16 United States executive directors and the international fi17 nancial institutions consistent with this subsection. 

18 (g) WHISTLEBLOWER PROTECTIONS.—The Secretary 

19 of the Treasury shall instruct the United States executive 

20 director of each international financial institution to seek 

21 to require that each such institution is effectively imple22 menting and enforcing policies and procedures which reflect 

23 best practices for the protection of whistleblowers from retal24 iation, including best practices for— 
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1 (1) protection against retaliation for internal 

2 and lawful public disclosure; 

3 (2) legal burdens of proof; 

4 (3) statutes of limitation for reporting retalia5 tion; 

6 (4) access to independent adjudicative bodies, in7 cluding external arbitration; and 

8 (5) results that eliminate the effects of proven re9 taliation. 

10 DEBT-FOR-DEVELOPMENT

11 SEC. 7030. In order to enhance the continued partici12 pation of nongovernmental organizations in debt-for-devel13 opment and debt-for-nature exchanges, a nongovernmental 

14 organization which is a grantee or contractor of the United 

15 States Agency for International Development may place in 

16 interest bearing accounts local currencies which accrue to 

17 that organization as a result of economic assistance pro18 vided under title III of this Act and, subject to the regular 

19 notification procedures of the Committees on Appropria20 tions, any interest earned on such investment shall be used 

21 for the purpose for which the assistance was provided to 

22 that organization. 

23 FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY

24 SEC. 7031. (a) LIMITATION ON DIRECT GOVERNMENT25 TO-GOVERNMENT ASSISTANCE.— 
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1 (1) REQUIREMENTS.—Funds appropriated by 

2 this Act may be made available for direct govern3 ment-to-government assistance only if— 

4 (A)(i) each implementing agency or min5 istry to receive assistance has been assessed and 

6 is considered to have the systems required to 

7 manage such assistance and any identified 

8 vulnerabilities or weaknesses of such agency or 

9 ministry have been addressed; 

10 (ii) the recipient agency or ministry em11 ploys and utilizes staff with the necessary tech12 nical, financial, and management capabilities; 

13 (iii) the recipient agency or ministry has 

14 adopted competitive procurement policies and 

15 systems; 

16 (iv) effective monitoring and evaluation sys17 tems are in place to ensure that such assistance 

18 is used for its intended purposes; 

19 (v) no level of acceptable fraud is assumed; 

20 and 

21 (vi) the government of the recipient country 

22 is taking steps to publicly disclose on an annual 

23 basis its national budget, to include income and 

24 expenditures; 
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1 (B) the recipient government is in compli2 ance with the principles set forth in section 7013 

3 of this Act; 

4 (C) the recipient agency or ministry is not 

5 headed or controlled by an organization des6 ignated as a foreign terrorist organization under 

7 section 219 of the Immigration and Nationality 

8 Act; 

9 (D) the Government of the United States 

10 and the government of the recipient country have 

11 agreed, in writing, on clear and achievable objec12 tives for the use of such assistance, which should 

13 be made available on a cost-reimbursable basis; 

14 and 

15 (E) the recipient government is taking steps 

16 to protect the rights of civil society, including 

17 freedoms of expression, association, and assem18 bly. 

19 (2) CONSULTATION AND NOTIFICATION.—In ad20 dition to the requirements in paragraph (1), no funds 

21 may be made available for direct government-to-gov22 ernment assistance without prior consultation with, 

23 and notification of, the Committees on Appropria24 tions: Provided, That such notification shall contain 

25 an explanation of how the proposed activity meets the 
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1 requirements of paragraph (1): Provided further, That 

2 the requirements of this paragraph shall only apply 

3 to direct government-to-government assistance in ex4 cess of $10,000,000 and all funds available for cash 

5 transfer, budget support, and cash payments to indi6 viduals. 

7 (3) SUSPENSION OF ASSISTANCE.—The Adminis8 trator of the United States Agency for International 

9 Development (USAID) or the Secretary of State, as 

10 appropriate, shall suspend any direct government-to11 government assistance if the Administrator or the 

12 Secretary has credible information of material misuse 

13 of such assistance, unless the Administrator or the 

14 Secretary reports to the Committees on Appropria15 tions that it is in the national interest of the United 

16 States to continue such assistance, including a jus17 tification, or that such misuse has been appropriately 

18 addressed. 

19 (4) SUBMISSION OF INFORMATION.—The Sec20 retary of State shall submit to the Committees on Ap21 propriations, concurrent with the fiscal year 2017 

22 congressional budget justification materials, amounts 

23 planned for assistance described in paragraph (1) by 

24 country, proposed funding amount, source of funds, 

25 and type of assistance. 
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1 (5) REPORT.—Not later than 90 days after the 

2 enactment of this Act and 6 months thereafter until 

3 September 30, 2016, the USAID Administrator shall 

4 submit to the Committees on Appropriations a report 

5 that— 

6 (A) details all assistance described in para7 graph (1) provided during the previous 6-month 

8 period by country, funding amount, source of 

9 funds, and type of such assistance; and 

10 (B) the type of procurement instrument or 

11 mechanism utilized and whether the assistance 

12 was provided on a reimbursable basis. 

13 (6) DEBT SERVICE PAYMENT PROHIBITION.— 

14 None of the funds made available by this Act may be 

15 used for any foreign country for debt service pay16 ments owed by any country to any international fi17 nancial institution: Provided, That for purposes of 

18 this paragraph, the term ‘‘international financial in19 stitution’’ has the meaning given the term in section 

20 7034(r)(3) of this Act. 

21 (b) NATIONAL BUDGET AND CONTRACT TRANS22 PARENCY.— 

23 (1) MINIMUM REQUIREMENTS OF FISCAL TRANS24 PARENCY.—The Secretary of State shall continue to 

25 update and strengthen the ‘‘minimum requirements of 
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1 fiscal transparency’’ for each government receiving 

2 assistance appropriated by this Act, as identified in 

3 the report required by section 7031(b) of the Depart4 ment of State, Foreign Operations, and Related Pro5 grams Appropriations Act, 2014 (division K of Public 

6 Law 113–76). 

7 (2) DEFINITION.—For purposes of paragraph 

8 (1), ‘‘minimum requirements of fiscal transparency’’ 

9 are requirements consistent with those in subsection 

10 (a)(1), and the public disclosure of national budget 

11 documentation (to include receipts and expenditures 

12 by ministry) and government contracts and licenses 

13 for natural resource extraction (to include bidding 

14 and concession allocation practices). 

15 (3) DETERMINATION AND REPORT.—For each 

16 government identified pursuant to paragraph (1), the 

17 Secretary of State, not later than 180 days after en18 actment of this Act, shall make or update any deter19 mination of ‘‘significant progress’’ or ‘‘no significant 

20 progress’’ in meeting the minimum requirements of 

21 fiscal transparency, and make such determinations 

22 publicly available in an annual ‘‘Fiscal Trans23 parency Report’’ to be posted on the Department of 

24 State Web site: Provided, That the Secretary shall 

25 identify the significant progress made by each such 
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1 government to publicly disclose national budget docu2 mentation, contracts, and licenses which are addi3 tional to such information disclosed in previous fiscal 

4 years, and include specific recommendations of short5 and long-term steps such government should take to 

6 improve fiscal transparency: Provided further, That 

7 the annual report shall include a detailed description 

8 of how funds appropriated by this Act are being used 

9 to improve fiscal transparency, and identify bench10 marks for measuring progress. 

11 (4) ASSISTANCE.—Funds appropriated under 

12 title III of this Act shall be made available for pro13 grams and activities to assist governments identified 

14 pursuant to paragraph (1) to improve budget trans15 parency and to support civil society organizations in 

16 such countries that promote budget transparency: 

17 Provided, That such sums shall be in addition to 

18 funds otherwise made available for such purposes: 

19 Provided further, That a description of the uses of 

20 such funds shall be included in the annual ‘‘Fiscal 

21 Transparency Report’’ required by paragraph (3). 

22 (c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.— 

23 (1)(A) INELIGIBILITY.—Officials of foreign gov24 ernments and their immediate family members about 

25 whom the Secretary of State has credible information 
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1 have been involved in significant corruption, includ2 ing corruption related to the extraction of natural re3 sources, or a gross violation of human rights shall be 

4 ineligible for entry into the United States. 

5 (B) The Secretary may also publicly or privately 

6 designate or identify officials of foreign governments 

7 and their immediate family members about whom the 

8 Secretary has such credible information without re9 gard to whether the individual has applied for a visa. 

10 (2) EXCEPTION.—Individuals shall not be ineli11 gible if entry into the United States would further 

12 important United States law enforcement objectives or 

13 is necessary to permit the United States to fulfill its 

14 obligations under the United Nations Headquarters 

15 Agreement: Provided, That nothing in paragraph (1) 

16 shall be construed to derogate from United States 

17 Government obligations under applicable inter18 national agreements. 

19 (3) WAIVER.—The Secretary may waive the ap20 plication of paragraph (1) if the Secretary determines 

21 that the waiver would serve a compelling national in22 terest or that the circumstances which caused the in23 dividual to be ineligible have changed sufficiently. 

24 (4) REPORT.—Not later than 6 months after en25 actment of this Act, the Secretary of State shall sub-
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1 mit a report, including a classified annex if nec2 essary, to the Committees on Appropriations and the 

3 Committees on the Judiciary describing the informa4 tion related to corruption or violation of human 

5 rights concerning each of the individuals found ineli6 gible in the previous 12 months pursuant to para7 graph (1)(A) as well as the individuals who the Sec8 retary designated or identified pursuant to paragraph 

9 (1)(B), or who would be ineligible but for the applica10 tion of paragraph (2), a list of any waivers provided 

11 under paragraph (3), and the justification for each 

12 waiver. 

13 (5) POSTING OF REPORT.—Any unclassified por14 tion of the report required under paragraph (4) shall 

15 be posted on the Department of State Web site. 

16 (6) CLARIFICATION.—For purposes of para17 graphs (1)(B), (4), and (5), the records of the Depart18 ment of State and of diplomatic and consular offices 

19 of the United States pertaining to the issuance or re20 fusal of visas or permits to enter the United States 

21 shall not be considered confidential. 

22 (d) EXTRACTION OF NATURAL RESOURCES.— 

23 (1) ASSISTANCE.—Funds appropriated by this 

24 Act shall be made available to promote and support 

25 transparency and accountability of expenditures and 
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1 revenues related to the extraction of natural resources, 

2 including by strengthening implementation and mon3 itoring of the Extractive Industries Transparency 

4 Initiative, implementing and enforcing section 8204 

5 of the Food, Conservation, and Energy Act of 2008 

6 (Public Law 110–246; 122 Stat. 2052) and to prevent 

7 the sale of conflict diamonds, and provide technical 

8 assistance to promote independent audit mechanisms 

9 and support civil society participation in natural re10 source management. 

11 (2) UNITED STATES POLICY.— 

12 (A) The Secretary of the Treasury shall in13 form the management of the international finan14 cial institutions, and post on the Department of 

15 the Treasury Web site, that it is the policy of the 

16 United States to vote against any assistance by 

17 such institutions (including any loan, credit, 

18 grant, or guarantee) to any country for the ex19 traction and export of a natural resource if the 

20 government of such country has in place laws, 

21 regulations, or procedures to prevent or limit the 

22 public disclosure of company payments as re23 quired by United States law, and unless such 

24 government has adopted laws, regulations, or 
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1 procedures in the sector in which assistance is 

2 being considered for— 

3 (i) accurately accounting for and pub4 lic disclosure of payments to the host gov5 ernment by companies involved in the ex6 traction and export of natural resources; 

7 (ii) the independent auditing of ac8 counts receiving such payments and public 

9 disclosure of the findings of such audits; 

10 and 

11 (iii) public disclosure of such docu12 ments as Host Government Agreements, 

13 Concession Agreements, and bidding docu14 ments, allowing in any such dissemination 

15 or disclosure for the redaction of, or excep16 tions for, information that is commercially 

17 proprietary or that would create competi18 tive disadvantage. 

19 (B) The requirements of subparagraph (A) 

20 shall not apply to assistance for the purpose of 

21 building the capacity of such government to meet 

22 the requirements of this subparagraph. 

23 (e) FOREIGN ASSISTANCE WEB SITE.—Funds appro24 priated by this Act under titles I and II, and funds made 

25 available for any independent agency in title III, as appro-
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1 priate, shall be made available to support the provision of 

2 additional information on United States Government for3 eign assistance on the Department of State foreign assist4 ance Web site: Provided, That all Federal agencies funded 

5 under this Act shall provide such information on foreign 

6 assistance, upon request, to the Department of State. 

7 DEMOCRACY PROGRAMS

8 SEC. 7032. (a) FUNDING.— 

9 (1) Of the funds appropriated by this Act, not 

10 less than $2,308,517,000 shall be made available for 

11 democracy programs. 

12 (2) Of the funds appropriated by this Act under 

13 the heading ‘‘Economic Support Fund’’, not less than 

14 $32,000,000 shall be made available for the Near East 

15 Regional Democracy program. 

16 (b) AUTHORITY.—Funds made available by this Act 

17 for democracy programs may be made available notwith18 standing any other provision of law, and with regard to 

19 the National Endowment for Democracy (NED), any regu20 lation. 

21 (c) DEFINITION OF DEMOCRACY PROGRAMS.—For 

22 purposes of funds appropriated by this Act, the term ‘‘de23 mocracy programs’’ means programs that support good gov24 ernance, credible and competitive elections, freedom of ex25 pression, association, assembly, and religion, human rights, 
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1 labor rights, independent media, and the rule of law, and 

2 that otherwise strengthen the capacity of democratic polit3 ical parties, governments, nongovernmental organizations 

4 and institutions, and citizens to support the development 

5 of democratic states, and institutions that are responsive 

6 and accountable to citizens. 

7 (d) PROGRAM PRIORITIZATION.—Funds made avail8 able pursuant to this section that are made available for 

9 programs to strengthen government institutions shall be 

10 prioritized for those institutions that demonstrate a com11 mitment to democracy and the rule of law, as determined 

12 by the Secretary of State or the Administrator of the United 

13 States Agency for International Development (USAID), as 

14 appropriate. 

15 (e) RESTRICTION ON PRIOR APPROVAL.—With respect 

16 to the provision of assistance for democracy programs in 

17 this Act, the organizations implementing such assistance, 

18 the specific nature of that assistance, and the participants 

19 in such programs shall not be subject to the prior approval 

20 by the government of any foreign country: Provided, That 

21 the Secretary of State, in coordination with the USAID Ad22 ministrator, shall report to the Committees on Appropria23 tions, not later than 120 days after enactment of this Act, 

24 detailing steps taken by the Department of State and 

25 USAID to comply with the requirements of this subsection. 
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1 (f) PROGRAM DESIGN AND IMPLEMENTATION.— 

2 (1) CLARIFICATION OF USE.—Not later than 90 

3 days after enactment of this Act, the Secretary of 

4 State and USAID Administrator, following consulta5 tion with democracy program implementing partners, 

6 shall each establish guidelines for clarifying program 

7 design and objectives for democracy programs, includ8 ing the uses of contracts versus grants and cooperative 

9 agreements in the conduct of democracy programs 

10 carried out with funds appropriated by this Act: Pro11 vided, That such guidelines, which shall be made 

12 available to all relevant agency personnel, shall be in 

13 accordance with— 

14 (A) the Quadrennial Diplomacy and Devel15 opment Review, 2015, regarding the objectives of 

16 promoting resilient, open, and democratic soci17 eties; 

18 (B) the ADVANCE Democracy Act of 2007 

19 (title XXI of Public Law 110–53; 22 U.S.C. 8201 

20 et seq.), including the foreign policy objectives 

21 contained therein; and 

22 (C) sections 6303 through 6305 of title 31, 

23 United States Code, regarding the selection of 

24 contracts and assistance instruments. 
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1 (2) CONTINUATION OF CURRENT PRACTICES.— 

2 USAID shall continue to implement civil society and 

3 political competition and consensus building pro4 grams abroad with funds appropriated by this Act in 

5 a manner that recognizes the unique benefits of grants 

6 and cooperative agreements in implementing such 

7 programs: Provided, That nothing in this paragraph 

8 shall be construed to affect the ability of any entity, 

9 including United States small businesses, from com10 peting for proposals for USAID-funded civil society 

11 and political competition and consensus building pro12 grams. 

13 (3) REPORT.—Not later than September 30, 

14 2017, the Secretary of State and USAID Adminis15 trator shall each submit to the Committees on Appro16 priations a report detailing the use of contracts, 

17 grants, and cooperative agreements in the conduct of 

18 democracy programs with funds made available by 

19 the Department of State, Foreign Operations, and Re20 lated Programs Act, 2015 (division J of Public Law 

21 113–235), which shall include funding level, account, 

22 program sector and subsector, and a brief summary 

23 of purpose. 

24 (g) STRATEGIC REVIEWS AND REPORT.— 
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1 (1) COUNTRY STRATEGIES.—Prior to the obliga2 tion of funds made available by this Act for Depart3 ment of State and USAID democracy programs for a 

4 nondemocratic or democratic transitioning country 

5 for which a country strategy has been concluded after 

6 the date of enactment of this Act, as required by sec7 tion 2111(c)(1) of the ADVANCE Democracy Act of 

8 2007 (title XXI of Public Law 110–53; 22 U.S.C. 

9 8211) or similar provision of law or regulation, the 

10 Under Secretary for Civilian Security, Democracy 

11 and Human Rights, Department of State, in con12 sultation with the Assistant Secretary for Democracy, 

13 Human Rights, and Labor, Department of State, and 

14 the Assistant Administrator for Democracy, Conflict, 

15 and Humanitarian Assistance, USAID, shall review 

16 such strategy to ensure that it includes— 

17 (A) specific goals and objectives for such 

18 program, including a specific plan and timeline 

19 to measure impacts; 

20 (B) an assessment of the risks associated 

21 with the conduct of such program to intended 

22 beneficiaries and implementers, including steps 

23 to support and protect such individuals; and 
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1 (C) the funding requirements to initiate 

2 and sustain such program in fiscal year 2016 

3 and subsequent fiscal years, as appropriate: 

4 Provided, That for the purposes of this paragraph, the 

5 term ‘‘nondemocratic or democratic transitioning 

6 country’’ shall have the same meaning as in section 

7 2104(6) of Public Law 110–53. 

8 (2) REPORT.—Not later than September 30, 

9 2016, the Secretary of State, in consultation with the 

10 USAID Administrator, shall submit a report, includ11 ing a classified annex if necessary, to the appropriate 

12 congressional committees detailing the methodology 

13 and guidelines established and implemented by the 

14 Department of State and USAID, respectively, to 

15 carry out the requirements of this subsection: Pro16 vided, That such report shall also include an analysis 

17 of the political and social conditions in a nondemo18 cratic or democratic transitioning country that are a 

19 prerequisite for the conduct of democracy programs. 

20 (h) CONSULTATION AND COMMUNICATION REQUIRE21 MENTS.— 

22 (1) COUNTRY ALLOCATIONS.—The Deputy Sec23 retary for Management and Resources, Department of 

24 State, shall consult with the Under Secretary for Ci25 vilian Security, Democracy and Human Rights, De-
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1 partment of State, and the Assistant Administrator 

2 for Democracy, Conflict, and Humanitarian Assist3 ance, USAID, on the proposed funding levels for de4 mocracy programs by country in the report submitted 

5 to Congress pursuant to section 653(a) of the Foreign 

6 Assistance Act of 1961. 

7 (2) INFORMING THE NATIONAL ENDOWMENT FOR

8 DEMOCRACY.—The Assistant Secretary for Democ9 racy, Human Rights, and Labor, Department of 

10 State, and the Assistant Administrator for Democ11 racy, Conflict, and Humanitarian Assistance, 

12 USAID, shall regularly inform the National Endow13 ment for Democracy of democracy programs that are 

14 planned and supported by funds made available by 

15 this Act and prior Acts making appropriations for 

16 the Department of State, foreign operations, and re17 lated programs. 

18 (3) REPORT ON PROGRAM CHANGES.—The Sec19 retary of State or the USAID Administrator, as ap20 propriate, shall report to the Committees on Appro21 priations within 30 days of a decision to signifi22 cantly change the objectives or the content of a democ23 racy program or to close such a program due to the 

24 increasingly repressive nature of the host country gov25 ernment: Provided, That the report shall also include 
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1 a strategy for continuing support for democracy pro2 motion, if such programming is feasible, and may be 

3 submitted in classified form, if necessary. 

4 INTERNATIONAL RELIGIOUS FREEDOM

5 SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREEDOM

6 OFFICE AND SPECIAL ENVOY TO PROMOTE RELIGIOUS

7 FREEDOM.—Funds appropriated by this Act under the 

8 heading ‘‘Diplomatic and Consular Programs’’ shall be 

9 made available for the Office of the Ambassador-at-Large 

10 for International Religious Freedom and the Special Envoy 

11 to Promote Religious Freedom of Religious Minorities in 

12 the Near East and South Central Asia, as authorized in 

13 the Near East and South Central Asia Religious Freedom 

14 Act of 2014 (Public Law 113-161), and including for sup15 port staff, at not less than the amounts contained for such 

16 Office and Envoy in the table under such heading in the 

17 explanatory statement described in section 4 (in the matter 

18 preceding division A of this Consolidated Act). 

19 (b) ASSISTANCE.— 

20 (1) INTERNATIONAL RELIGIOUS FREEDOM PRO21 GRAMS.—Of the funds appropriated by this Act under 

22 the heading ‘‘Democracy Fund’’ and available for the 

23 Human Rights and Democracy Fund (HRDF), not 

24 less than $10,000,000 shall be made available for 

25 international religious freedom programs: Provided, 
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1 That the Ambassador-at-Large for International Reli2 gious Freedom shall consult with the Committees on 

3 Appropriations on the uses of such funds. 

4 (2) PROTECTION AND INVESTIGATION PRO5 GRAMS.—Funds appropriated by this Act under the 

6 heading ‘‘Economic Support Fund’’ shall be made 

7 available for programs to protect vulnerable and per8 secuted religious minorities: Provided, That a portion 

9 of such funds shall be made available for programs to 

10 investigate the persecution of such minorities by gov11 ernments and non-state actors and for the public dis12 semination of information collected on such persecu13 tion, including on the Department of State Web site. 

14 (3) HUMANITARIAN PROGRAMS.—Funds appro15 priated by this Act under the headings ‘‘International 

16 Disaster Assistance’’ and ‘‘Migration and Refugee As17 sistance’’ shall be made available for humanitarian 

18 assistance for vulnerable and persecuted religious mi19 norities. 

20 (4) RESPONSIBILITY OF FUNDS.—Funds made 

21 available by paragraphs (1) and (2) shall be the re22 sponsibility of the Ambassador-at-Large for Inter23 national Religious Freedom, in consultation with 

24 other relevant United States Government officials. 
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1 (c) INTERNATIONAL BROADCASTING.—Funds appro2 priated by this Act under the heading ‘‘Broadcasting Board 

3 of Governors, International Broadcasting Operations’’ shall 

4 be made available for programs related to international re5 ligious freedom, including reporting on the condition of vul6 nerable and persecuted religious groups. 

7 (d) ATROCITIES PREVENTION.—Not later than 90 days 

8 after enactment of this Act, the Secretary of State, after con9 sultation with the heads of other United States Government 

10 agencies represented on the Atrocities Prevention Board 

11 (APB) and representatives of human rights organizations, 

12 as appropriate, shall submit to the appropriate congres13 sional committees an evaluation of the persecution of, in14 cluding attacks against, Christians and people of other reli15 gions in the Middle East by violent Islamic extremists and 

16 the Muslim Rohingya people in Burma by violent Buddhist 

17 extremists, including whether either situation constitutes 

18 mass atrocities or genocide (as defined in section 1091 of 

19 title 18, United States Code), and a detailed description 

20 of any proposed atrocities prevention response rec21 ommended by the APB: Provided, That such evaluation and 

22 response may include a classified annex, if necessary. 

23 (e) DESIGNATION OF NON-STATE ACTORS.—The Presi24 dent shall, concurrent with the annual foreign country re25 view required by section 402(b)(1) of the International Reli-
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1 gious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)), review 

2 and identify any non-state actors in such countries that 

3 have engaged in particularly severe violations of religious 

4 freedom, and designate, in a manner consistent with such 

5 Act, each such group as a non-state actor of particular con6 cern for religious freedom operating in such reviewed coun7 try or surrounding region: Provided, That whenever the 

8 President designates such a non-state actor under this sub9 section, the President shall, as soon as practicable after the 

10 designation is made, submit a report to the appropriate 

11 congressional committees detailing the reasons for such des12 ignation. 

13 (f) REPORT.—Not later than September 30, 2016, the 

14 Secretary of State, in consultation with the Chairman of 

15 the Broadcasting Board of Governors and the Adminis16 trator of the United States Agency for International Devel17 opment, shall submit a report, including a classified annex 

18 if necessary, to the appropriate congressional committees 

19 detailing, by account, agency, and on a country-by-country 

20 basis, funds made available by this Act and prior Acts mak21 ing appropriations for the Department of State, foreign op22 erations, and related programs for the previous 2 fiscal 

23 years for international religious freedom programs; protec24 tion and investigation programs regarding vulnerable and 

25 persecuted religious minorities; humanitarian and relief as-
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1 sistance for such minorities; and international broadcasting 

2 regarding religious freedom. 

3 SPECIAL PROVISIONS

4 SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHIL5 DREN, AND DISPLACED BURMESE.—Funds appropriated in 

6 titles III and VI of this Act that are made available for 

7 victims of war, displaced children, displaced Burmese, and 

8 to combat trafficking in persons and assist victims of such 

9 trafficking, may be made available notwithstanding any 

10 other provision of law. 

11 (b) LAW ENFORCEMENT AND SECURITY.— 

12 (1) CHILD SOLDIERS.—Funds appropriated by 

13 this Act should not be used to support any military 

14 training or operations that include child soldiers. 

15 (2) CROWD CONTROL ITEMS.—Funds appro16 priated by this Act should not be used for tear gas, 

17 small arms, light weapons, ammunition, or other 

18 items for crowd control purposes for foreign security 

19 forces that use excessive force to repress peaceful ex20 pression, association, or assembly in countries under21 going democratic transition. 

22 (3) DISARMAMENT, DEMOBILIZATION, AND RE23 INTEGRATION.—Section 7034(d) of the Department of 

24 State, Foreign Operations, and Related Programs Ap25 propriations Act, 2015 (division J of Public Law 
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1 113–235) shall continue in effect during fiscal year 

2 2016 as if part of this Act. 

3 (4) FORENSIC ASSISTANCE.— 

4 (A) Of the funds appropriated by this Act 

5 under the heading ‘‘Economic Support Fund’’, 

6 not less than $4,000,000 shall be made available 

7 for forensic anthropology assistance related to the 

8 exhumation of mass graves and the identification 

9 of victims of war crimes and crimes against hu10 manity, of which not less than $3,000,000 should 

11 be made available for such assistance in Guate12 mala, Peru, Colombia, Iraq, and Sri Lanka, 

13 which shall be administered by the Assistant Sec14 retary for Democracy, Human Rights, and 

15 Labor, Department of State. 

16 (B) Of the funds appropriated by this Act 

17 under the heading ‘‘International Narcotics Con18 trol and Law Enforcement’’, not less than 

19 $4,000,000 shall be made available for DNA fo20 rensic technology programs to combat human 

21 trafficking in Central America. 

22 (5) INTERNATIONAL PRISON CONDITIONS.—Sec23 tion 7065 of the Department of State, Foreign Oper24 ations, and Related Programs Appropriations Act, 

25 2015 (division J of Public Law 113–235) shall con-
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1 tinue in effect during fiscal year 2016 as if part of 

2 this Act. 

3 (6) RECONSTITUTING CIVILIAN POLICE AUTHOR4 ITY.—In providing assistance with funds appro5 priated by this Act under section 660(b)(6) of the 

6 Foreign Assistance Act of 1961, support for a nation 

7 emerging from instability may be deemed to mean 

8 support for regional, district, municipal, or other sub9 national entity emerging from instability, as well as 

10 a nation emerging from instability. 

11 (7) SECURITY ASSISTANCE REPORT.—Not later 

12 than 120 days after enactment of this Act, the Sec13 retary of State shall submit to the Committees on Ap14 propriations a report on funds obligated and ex15 pended during fiscal year 2015, by country and pur16 pose of assistance, under the headings ‘‘Peacekeeping 

17 Operations’’, ‘‘International Military Education and 

18 Training’’, and ‘‘Foreign Military Financing Pro19 gram’’. 

20 (8) LEAHY VETTING REPORT.— 

21 (A) Not later than 90 days after enactment 

22 of this Act, the Secretary of State shall submit 

23 a report to the appropriate congressional com24 mittees on foreign assistance cases submitted for 

25 vetting for purposes of section 620M of the For-
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1 eign Assistance Act of 1961 during the preceding 

2 fiscal year, including: 

3 (i) the total number of cases submitted, 

4 approved, suspended, or rejected for human 

5 rights reasons; and 

6 (ii) for cases rejected, a description of 

7 the steps taken to assist the foreign govern8 ment in taking effective measures to bring 

9 the responsible members of the security 

10 forces to justice, in accordance with section 

11 620M(c) of the Foreign Assistance Act of 

12 1961. 

13 (B) The report required by this paragraph 

14 shall be submitted in unclassified form, but may 

15 be accompanied by a classified annex. 

16 (9) ANNUAL FOREIGN MILITARY TRAINING RE17 PORT.—For the purposes of implementing section 656 

18 of the Foreign Assistance Act of 1961, the term ‘‘mili19 tary training provided to foreign military personnel 

20 by the Department of Defense and the Department of 

21 State’’ shall be deemed to include all military train22 ing provided by foreign governments with funds ap23 propriated to the Department of Defense or the De24 partment of State, except for training provided by the 
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1 government of a country designated by section 517(b) 

2 of such Act as a major non-NATO ally. 

3 (c) WORLD FOOD PROGRAMME.—Funds managed by 

4 the Bureau for Democracy, Conflict, and Humanitarian 

5 Assistance, United States Agency for International Develop6 ment (USAID), from this or any other Act, may be made 

7 available as a general contribution to the World Food Pro8 gramme, notwithstanding any other provision of law. 

9 (d) DIRECTIVES AND AUTHORITIES.— 

10 (1) RESEARCH AND TRAINING.—Funds appro11 priated by this Act under the heading ‘‘Assistance for 

12 Europe, Eurasia and Central Asia’’ shall be made 

13 available to carry out the Program for Research and 

14 Training on Eastern Europe and the Independent 

15 States of the Former Soviet Union as authorized by 

16 the Soviet-Eastern European Research and Training 

17 Act of 1983 (22 U.S.C. 4501 et seq.). 

18 (2) GENOCIDE VICTIMS MEMORIAL SITES.— 

19 Funds appropriated by this Act and prior Acts mak20 ing appropriations for the Department of State, for21 eign operations, and related programs under the 

22 headings ‘‘Economic Support Fund’’ and ‘‘Assistance 

23 for Europe, Eurasia and Central Asia’’ may be made 

24 available as contributions to establish and maintain 

25 memorial sites of genocide, subject to the regular noti-
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1 fication procedures of the Committees on Appropria2 tions. 

3 (3) ADDITIONAL AUTHORITIES.—Of the amounts 

4 made available by title I of this Act under the head5 ing ‘‘Diplomatic and Consular Programs’’, up to 

6 $500,000 may be made available for grants pursuant 

7 to section 504 of Public Law 95–426 (22 U.S.C. 

8 2656d), including to facilitate collaboration with in9 digenous communities. 

10 (4) EXTENSION OF LEGAL PROTECTION.—No 

11 conviction issued by the Cairo Criminal Court on 

12 June 4, 2013, in ‘‘Public Prosecution Case No. 1110 

13 for the Year 2012’’, against a citizen or national of 

14 the United States or an alien lawfully admitted for 

15 permanent residence in the United States, shall be 

16 considered a conviction for the purposes of United 

17 States law or for any activity undertaken within the 

18 jurisdiction of the United States during fiscal year 

19 2016 and any fiscal year thereafter. 

20 (5) MODIFICATION OF LIFE INSURANCE SUPPLE21 MENTAL APPLICABLE TO THOSE KILLED IN TER22 RORIST ATTACKS.— 

23 (A) Section 415(a)(1) of the Foreign Service 

24 Act of 1980 (22 U.S.C. 3975(a)(1)) is amended 

25 by striking ‘‘a payment from the United States 
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1 in an amount that, when added to the amount 

2 of the employee’s employer-provided group life 

3 insurance policy coverage (if any), equals 

4 $400,000’’ and inserting ‘‘a special payment of 

5 $400,000, which shall be in addition to any em6 ployer provided life insurance policy coverage’’. 

7 (B) The insurance benefit under section 415 

8 of the Foreign Service Act of 1980 (22 U.S.C. 

9 3975), as amended by subparagraph (A), shall be 

10 applicable to eligible employees who die as a re11 sult of injuries sustained while on duty abroad 

12 because of an act of terrorism, as defined in sec13 tion 140(d) of the Foreign Relations Authoriza14 tion Act, Fiscal Years 1998 and 1999 (22 U.S.C. 

15 2656f(d)), anytime on or after April 18, 1983. 

16 (6) AUTHORITY.—The Administrator of the 

17 United States Agency for International Development 

18 may use funds appropriated by this Act under title 

19 III to make innovation incentive awards: Provided, 

20 That each individual award may not exceed 

21 $100,000: Provided further, That no more than 10 

22 such awards may be made during fiscal year 2016: 

23 Provided further, That for purposes of this paragraph 

24 the term ‘‘innovation incentive award’’ means the 

25 provision of funding on a competitive basis that— 
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1 (A) encourages and rewards the develop2 ment of solutions for a particular, well-defined 

3 problem related to the alleviation of poverty; or 

4 (B) helps identify and promote a broad 

5 range of ideas and practices facilitating further 

6 development of an idea or practice by third par7 ties. 

8 (e) PARTNER VETTING.—Funds appropriated by this 

9 Act or in titles I through IV of prior Acts making appro10 priations for the Department of State, foreign operations, 

11 and related programs shall be used by the Secretary of State 

12 and the USAID Administrator, as appropriate, to support 

13 the continued implementation of the Partner Vetting Sys14 tem (PVS) pilot program: Provided, That the Secretary of 

15 State and the USAID Administrator shall inform the Com16 mittees on Appropriations, at least 30 days prior to comple17 tion of the pilot program, on the criteria for evaluating such 

18 program, including for possible expansion: Provided fur19 ther, That not later than 180 days after completion of the 

20 pilot program, the Secretary and USAID Administrator 

21 shall jointly submit a report to the Committees on Appro22 priations, in classified form if necessary, detailing the find23 ings, conclusions, and any recommendations for expansion 

24 of such program: Provided further, That not less than 30 

25 days prior to the implementation of any recommendations 
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1 for expanding the PVS pilot program the Secretary of State 

2 and USAID Administrator shall consult with the Commit3 tees on Appropriations and with representatives of agency 

4 implementing partners on the findings, conclusions, and 

5 recommendations in such report, as appropriate. 

6 (f) CONTINGENCIES.—During fiscal year 2016, the 

7 President may use up to $125,000,000 under the authority 

8 of section 451 of the Foreign Assistance Act of 1961, not9 withstanding any other provision of law. 

10 (g) INTERNATIONAL CHILD ABDUCTIONS.—The Sec11 retary of State should withhold funds appropriated under 

12 title III of this Act for assistance for the central government 

13 of any country that is not taking appropriate steps to com14 ply with the Convention on the Civil Aspects of Inter15 national Child Abductions, done at the Hague on October 

16 25, 1980: Provided, That the Secretary shall report to the 

17 Committees on Appropriations within 15 days of with18 holding funds under this subsection. 

19 (h) REPORT REPEALED.—Section 616(c) of the De20 partments of Commerce, Justice, and State, the Judiciary, 

21 and Related Agencies Appropriations Act, 1999 (division 

22 A of Public Law 105–277) is hereby repealed. 

23 (i) TRANSFERS FOR EXTRAORDINARY PROTECTION.— 

24 The Secretary of State may transfer to, and merge with, 

25 funds under the heading ‘‘Protection of Foreign Missions 
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1 and Officials’’ unobligated balances of expired funds appro2 priated under the heading ‘‘Diplomatic and Consular Pro3 grams’’ for fiscal year 2016, except for funds designated for 

4 Overseas Contingency Operations/Global War on Terrorism 

5 pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

6 and Emergency Deficit Control Act of 1985, at no later 

7 than the end of the fifth fiscal year after the last fiscal year 

8 for which such funds are available for the purposes for 

9 which appropriated: Provided, That not more than 

10 $50,000,000 may be transferred. 

11 (j) PROTECTIONS AND REMEDIES FOR EMPLOYEES OF

12 DIPLOMATIC MISSIONS AND INTERNATIONAL ORGANIZA13 TIONS.—Section 7034(k) of the Department of State, For14 eign Operations, and Related Programs Appropriations 

15 Act, 2015 (division J of Public Law 113–235) shall con16 tinue in effect during fiscal year 2016 as if part of this 

17 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, 2016’’ 

22 for ‘‘September 30, 2010’’. 

23 (2) ACCOUNTABILITY REVIEW BOARDS.—The au24 thority provided by section 301(a)(3) of the Omnibus 

25 Diplomatic Security and Antiterrorism Act of 1986 
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1 (22 U.S.C. 4831(a)(3)) shall remain in effect for fa2 cilities in Afghanistan through September 30, 2016, 

3 except that the notification and reporting require4 ments contained in such section shall include the 

5 Committees on Appropriations. 

6 (3) INCENTIVES FOR CRITICAL POSTS.—The au7 thority contained in section 1115(d) of the Supple8 mental Appropriations Act, 2009 (Public Law 111– 

9 32) shall remain in effect through September 30, 

10 2016. 

11 (4) FOREIGN SERVICE OFFICER ANNUITANT

12 WAIVER.—Section 824(g) of the Foreign Service Act of 

13 1980 (22 U.S.C. 4064(g)) shall be applied by sub14 stituting ‘‘September 30, 2016’’ for ‘‘October 1, 2010’’ 

15 in paragraph (2). 

16 (5) DEPARTMENT OF STATE CIVIL SERVICE AN17 NUITANT WAIVER.—Section 61(a) of the State Depart18 ment Basic Authorities Act of 1956 (22 U.S.C. 

19 2733(a)) shall be applied by substituting ‘‘September 

20 30, 2016’’ for ‘‘October 1, 2010’’ in paragraph (2). 

21 (6) USAID CIVIL SERVICE ANNUITANT WAIV22 ER.—Section 625(j)(1) of the Foreign Assistance Act 

23 of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by 

24 substituting ‘‘September 30, 2016’’ for ‘‘October 1, 

25 2010’’ in subparagraph (B). 
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1 (7) OVERSEAS PAY COMPARABILITY AND LIMITA2 TION.— 

3 (A) Subject to the limitation described in 

4 subparagraph (B), the authority provided by sec5 tion 1113 of the Supplemental Appropriations 

6 Act, 2009 (Public Law 111–32; 123 Stat. 1904) 

7 shall remain in effect through September 30, 

8 2016. 

9 (B) The authority described in subpara10 graph (A) may not be used to pay an eligible 

11 member of the Foreign Service (as defined in sec12 tion 1113(b) of the Supplemental Appropriations 

13 Act, 2009) a locality-based comparability pay14 ment (stated as a percentage) that exceeds two15 thirds of the amount of the locality-based com16 parability payment (stated as a percentage) that 

17 would be payable to such member under section 

18 5304 of title 5, United States Code, if such mem19 ber’s official duty station were in the District of 

20 Columbia. 

21 (8) CATEGORICAL ELIGIBILITY.—The Foreign 

22 Operations, Export Financing, and Related Programs 

23 Appropriations Act, 1990 (Public Law 101–167) is 

24 amended— 

25 (A) in section 599D (8 U.S.C. 1157 note)— 
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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) in 

8 subsection (b)(2), by striking ‘‘2015’’ and insert9 ing ‘‘2016’’. 

10 (9) INSPECTOR GENERAL ANNUITANT WAIVER.— 

11 The authorities provided in section 1015(b) of the 

12 Supplemental Appropriations Act, 2010 (Public Law 

13 111–212) shall remain in effect through September 

14 30, 2016. 

15 (10) EXTENSION OF LOAN GUARANTEES TO

16 ISRAEL.—Chapter 5 of title I of the Emergency War17 time Supplemental Appropriations Act, 2003 (Public 

18 Law 108–11; 117 Stat. 576) is amended under the 

19 heading ‘‘Loan Guarantees to Israel’’— 

20 (A) in the matter preceding the first pro21 viso, by striking ‘‘September 30, 2015’’ and in22 serting ‘‘September 30, 2019’’; and 

23 (B) in the second proviso, by striking ‘‘Sep24 tember 30, 2015’’ and inserting ‘‘September 30, 

25 2019’’. 
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1 (11) EXTENSION OF WAR RESERVES STOCKPILE

2 AUTHORITY.— 

3 (A) Section 12001(d) of the Department of 

4 Defense Appropriations Act, 2005 (Public Law 

5 108–287; 118 Stat. 1011) is amended by striking 

6 ‘‘more than 11 years after the date of enactment 

7 of this Act’’ and inserting ‘‘after September 30, 

8 2017’’. 

9 (B) Section 514(b)(2)(A) of the Foreign As10 sistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) 

11 is amended by striking ‘‘and 2015’’ and insert12 ing ‘‘2015, 2016, and 2017’’. 

13 (12) UNITED STATES ADVISORY COMMISSION ON

14 PUBLIC DIPLOMACY.—Section 1334 of the Foreign Af15 fairs Reform and Restructuring Act of 1998 (22 

16 U.S.C. 6553) shall be applied by substituting ‘‘Sep17 tember 30, 2016’’ for ‘‘October 1, 2015’’. 

18 (l) DEPARTMENT OF STATE WORKING CAPITAL

19 FUND.—Funds appropriated by this Act or otherwise made 

20 available to the Department of State for payments to the 

21 Working Capital Fund may only be used for the service cen22 ters included in Appendix 1 of the Congressional Budget 

23 Justification, Department of State, Diplomatic Engage24 ment, Fiscal Year 2016: Provided, That the amounts for 

25 such service centers shall be the amounts included in such 
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1 budget except as provided in section 7015(b) of this Act: 

2 Provided further, That Federal agency components shall be 

3 charged only for their direct usage of each Working Capital 

4 Fund service: Provided further, That Federal agency com5 ponents may only pay for Working Capital Fund services 

6 that are consistent with the component’s purpose and au7 thorities: Provided further, That the Working Capital Fund 

8 shall be paid in advance or reimbursed at rates which will 

9 return the full cost of each service. 

10 (m) HUMANITARIAN ASSISTANCE.—Funds appro11 priated by this Act that are available for monitoring and 

12 evaluation of assistance under the headings ‘‘International 

13 Disaster Assistance’’ and ‘‘Migration and Refugee Assist14 ance’’ shall, as appropriate, be made available for the reg15 ular collection of feedback obtained directly from bene16 ficiaries on the quality and relevance of such assistance: 

17 Provided, That the Department of State and USAID shall 

18 conduct regular oversight to ensure that such feedback is 

19 collected and used by implementing partners to maximize 

20 the cost-effectiveness and utility of such assistance, and re21 quire such partners that receive funds under such headings 

22 to establish procedures for collecting and responding to such 

23 feedback. 

24 (n) HIV/AIDS WORKING CAPITAL FUND.—Funds 

25 available in the HIV/AIDS Working Capital Fund estab-
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1 lished pursuant to section 525(b)(1) of the Foreign Oper2 ations, Export Financing, and Related Programs Appro3 priations Act, 2005 (Public Law 108–477) may be made 

4 available for pharmaceuticals and other products for child 

5 survival, malaria, and tuberculosis to the same extent as 

6 HIV/AIDS pharmaceuticals and other products, subject to 

7 the terms and conditions in such section: Provided, That 

8 the authority in section 525(b)(5) of the Foreign Oper9 ations, Export Financing, and Related Programs Appro10 priations Act, 2005 (Public Law 108–477) shall be exercised 

11 by the Assistant Administrator for Global Health, USAID, 

12 with respect to funds deposited for such non-HIV/AIDS 

13 pharmaceuticals and other products, and shall be subject 

14 to the regular notification procedures of the Committees on 

15 Appropriations: Provided further, That the Secretary of 

16 State shall include in the congressional budget justification 

17 an accounting of budgetary resources, disbursements, bal18 ances, and reimbursements related to such fund. 

19 (o) LOAN GUARANTEES AND ENTERPRISE FUNDS.— 

20 (1) LOAN GUARANTEES.—Funds appropriated 

21 under the headings ‘‘Economic Support Fund’’ and 

22 ‘‘Assistance for Europe, Eurasia and Central Asia’’ 

23 by this Act and prior Acts making appropriations for 

24 the Department of State, foreign operations, and re25 lated programs may be made available for the costs, 
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1 as defined in section 502 of the Congressional Budget 

2 Act of 1974, of loan guarantees for Jordan, Ukraine, 

3 and Tunisia, which are authorized to be provided: 

4 Provided, That amounts made available under this 

5 paragraph for the costs of such guarantees shall not 

6 be considered assistance for the purposes of provisions 

7 of law limiting assistance to a country. 

8 (2) ENTERPRISE FUNDS.—Funds appropriated 

9 under the heading ‘‘Economic Support Fund’’ in this 

10 Act may be made available to establish and operate 

11 one or more enterprise funds for Egypt and Tunisia: 

12 Provided, That the first, third and fifth provisos 

13 under section 7041(b) of the Department of State, 

14 Foreign Operations, and Related Programs Appro15 priations Act, 2012 (division I of Public Law 112– 

16 74) shall apply to funds appropriated by this Act 

17 under the heading ‘‘Economic Support Fund’’ for an 

18 enterprise fund or funds to the same extent and in the 

19 same manner as such provision of law applied to 

20 funds made available under such section (except that 

21 the clause excluding subsection (d)(3) of section 201 

22 of the SEED Act shall not apply): Provided further, 

23 That in addition to the previous proviso, the authori24 ties in the matter preceding the first proviso of such 

25 section may apply to any such enterprise fund or 
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1 funds: Provided further, That the authority of any 

2 such enterprise fund or funds to provide assistance 

3 shall cease to be effective on December 31, 2026. 

4 (3) CONSULTATION AND NOTIFICATION.—Funds 

5 made available by this subsection shall be subject to 

6 prior consultation with the appropriate congressional 

7 committees, and subject to the regular notification 

8 procedures of the Committees on Appropriations. 

9 (p) ASSESSMENT OF INDIRECT COSTS.—Not later than 

10 90 days after enactment of this Act and following consulta11 tion with the Committees on Appropriations, the Secretary 

12 of State and the Administrator of the United States Agency 

13 for International Development (USAID) shall submit to 

14 such Committees an assessment of the effectiveness of cur15 rent policies and procedures in ensuring that payments for 

16 indirect costs, including for negotiated indirect cost rate 

17 agreements (NICRA), are reasonable and comply with the 

18 Federal Acquisition Regulations (FAR), as applicable, and 

19 title 2, part 200 of the Code of Federal Regulations (CFR); 

20 an assessment of potential benefits of setting a cap on such 

21 indirect costs to ensure the cost-effective use of appropriated 

22 funds; a plan to revise such policies and procedures to 

23 strengthen compliance with the FAR and CFR and ensure 

24 that indirect costs are reasonable; and a timeline for imple25 menting such plan. 
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1 (q) SMALL GRANTS AND ENTITIES.— 

2 (1) Of the funds appropriated by this Act under 

3 the headings ‘‘Development Assistance’’ and ‘‘Eco4 nomic Support Fund’’, not less than $45,000,000 

5 shall be made available for the Small Grants Pro6 gram pursuant to section 7080 of the Department of 

7 State, Foreign Operations, and Related Programs Ap8 propriations Act, 2015 (division J of Public Law 

9 113–235), as amended by this Act, which may remain 

10 available until September 30, 2020. 

11 (2) Not later than 45 days after enactment of 

12 this Act, the Administrator of the United States Agen13 cy for International Development (USAID) shall post 

14 on the USAID Web site detailed information describ15 ing the process by which small nongovernmental orga16 nizations, educational institutions, and other small 

17 entities seeking funding from USAID for unsolicited 

18 proposals through grants, cooperative agreements, and 

19 other assistance mechanisms and agreements, can 

20 apply for such funding: Provided, That the USAID 

21 Administrator should ensure that each bureau, office, 

22 and overseas mission has authority to approve, and 

23 sufficient funds to implement, such grants or other 

24 agreements that meet appropriate criteria for unsolic25 ited proposals. 
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1 (3) Section 7080 of Public Law 113–235 is 

2 amended as follows: 

3 (A) in subsections (b) and (c), strike 

4 ‘‘Grants’’, and insert ‘‘Awards’’; 

5 (B) in subsection (c)(1), delete ‘‘or’’ after 

6 ‘‘proposals;’’; 

7 (C) in subsection (c)(2) delete the period 

8 after ‘‘process’’, and insert ‘‘; or’’; 

9 (D) after subsection (c)(2), insert ‘‘(3) as 

10 otherwise allowable under Federal Acquisition 

11 Regulations and USAID procurement policies.’’; 

12 and 

13 (E) in subsection (e)(3), strike ‘‘12’’, and 

14 insert ‘‘20’’, and strike ‘‘administrative and 

15 oversight expenses associated with managing’’ 

16 and insert ‘‘administrative expenses, and other 

17 necessary support associated with managing and 

18 strengthening’’. 

19 (4) For the purposes of section 7080 of Public 

20 Law 113–235, ‘‘eligible entities’’ shall be defined as 

21 small local, international, and United States-based 

22 nongovernmental organizations, educational institu23 tions, and other small entities that have received less 

24 than a total of $5,000,000 in USAID funding over the 

25 previous five years: Provided, That departments or 
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1 centers of such educational institutions may be con2 sidered individually in determining such eligibility. 

3 (r) DEFINITIONS.— 

4 (1) Unless otherwise defined in this Act, for pur5 poses of this Act the term ‘‘appropriate congressional 

6 committees’’ shall mean the Committees on Appro7 priations and Foreign Relations of the Senate and the 

8 Committees on Appropriations and Foreign Affairs of 

9 the House of Representatives. 

10 (2) Unless otherwise defined in this Act, for pur11 poses of this Act the term ‘‘funds appropriated in this 

12 Act and prior Acts making appropriations for the De13 partment of State, foreign operations, and related 

14 programs’’ shall mean funds that remain available 

15 for obligation, and have not expired. 

16 (3) For the purposes of this Act ‘‘international 

17 financial institutions’’ shall mean the International 

18 Bank for Reconstruction and Development, the Inter19 national Development Association, the International 

20 Finance Corporation, the Inter-American Develop21 ment Bank, the International Monetary Fund, the 

22 Asian Development Bank, the Asian Development 

23 Fund, the Inter-American Investment Corporation, 

24 the North American Development Bank, the European 

25 Bank for Reconstruction and Development, the Afri-
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•HR 2029 EAH 

1 can Development Bank, the African Development 

2 Fund, and the Multilateral Investment Guarantee 

3 Agency. 

4 (4) Any reference to Southern Kordofan in this 

5 or any other Act making appropriations for the De6 partment of State, foreign operations, and related 

7 programs shall be deemed to include portions of West8 ern Kordofan that were previously part of Southern 

9 Kordofan prior to the 2013 division of Southern 

10 Kordofan. 

11 ARAB LEAGUE BOYCOTT OF ISRAEL

12 SEC. 7035. It is the sense of the Congress that— 

13 (1) the Arab League boycott of Israel, and the 

14 secondary boycott of American firms that have com15 mercial ties with Israel, is an impediment to peace 

16 in the region and to United States investment and 

17 trade in the Middle East and North Africa; 

18 (2) the Arab League boycott, which was regret19 tably reinstated in 1997, should be immediately and 

20 publicly terminated, and the Central Office for the 

21 Boycott of Israel immediately disbanded; 

22 (3) all Arab League states should normalize rela23 tions with their neighbor Israel; 

24 (4) the President and the Secretary of State 

25 should continue to vigorously oppose the Arab League 
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•HR 2029 EAH 

1 boycott of Israel and find concrete steps to dem2 onstrate that opposition by, for example, taking into 

3 consideration the participation of any recipient coun4 try in the boycott when determining to sell weapons 

5 to said country; and 

6 (5) the President should report to Congress an7 nually on specific steps being taken by the United 

8 States to encourage Arab League states to normalize 

9 their relations with Israel to bring about the termi10 nation of the Arab League boycott of Israel, including 

11 those to encourage allies and trading partners of the 

12 United States to enact laws prohibiting businesses 

13 from complying with the boycott and penalizing busi14 nesses that do comply. 

15 PALESTINIAN STATEHOOD

16 SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None of 

17 the funds appropriated under titles III through VI of this 

18 Act may be provided to support a Palestinian state unless 

19 the Secretary of State determines and certifies to the appro20 priate congressional committees that— 

21 (1) the governing entity of a new Palestinian 

22 state— 

23 (A) has demonstrated a firm commitment to 

24 peaceful co-existence with the State of Israel; and 
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1 (B) is taking appropriate measures to 

2 counter terrorism and terrorist financing in the 

3 West Bank and Gaza, including the dismantling 

4 of terrorist infrastructures, and is cooperating 

5 with appropriate Israeli and other appropriate 

6 security organizations; and 

7 (2) the Palestinian Authority (or the governing 

8 entity of a new Palestinian state) is working with 

9 other countries in the region to vigorously pursue ef10 forts to establish a just, lasting, and comprehensive 

11 peace in the Middle East that will enable Israel and 

12 an independent Palestinian state to exist within the 

13 context of full and normal relationships, which should 

14 include— 

15 (A) termination of all claims or states of 

16 belligerency; 

17 (B) respect for and acknowledgment of the 

18 sovereignty, territorial integrity, and political 

19 independence of every state in the area through 

20 measures including the establishment of demili21 tarized zones; 

22 (C) their right to live in peace within secure 

23 and recognized boundaries free from threats or 

24 acts of force; 
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1 (D) freedom of navigation through inter2 national waterways in the area; and 

3 (E) a framework for achieving a just settle4 ment of the refugee problem. 

5 (b) SENSE OF CONGRESS.—It is the sense of Congress 

6 that the governing entity should enact a constitution assur7 ing the rule of law, an independent judiciary, and respect 

8 for human rights for its citizens, and should enact other 

9 laws and regulations assuring transparent and accountable 

10 governance. 

11 (c) WAIVER.—The President may waive subsection (a) 

12 if the President determines that it is important to the na13 tional security interest of the United States to do so. 

14 (d) EXEMPTION.—The restriction in subsection (a) 

15 shall not apply to assistance intended to help reform the 

16 Palestinian Authority and affiliated institutions, or the 

17 governing entity, in order to help meet the requirements of 

18 subsection (a), consistent with the provisions of section 7040 

19 of this Act (‘‘Limitation on Assistance for the Palestinian 

20 Authority’’). 

21 RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

22 SEC. 7037. None of the funds appropriated under titles 

23 II through VI of this Act may be obligated or expended to 

24 create in any part of Jerusalem a new office of any depart25 ment or agency of the United States Government for the 
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1 purpose of conducting official United States Government 

2 business with the Palestinian Authority over Gaza and 

3 Jericho or any successor Palestinian governing entity pro4 vided for in the Israel-PLO Declaration of Principles: Pro5 vided, That this restriction shall not apply to the acquisi6 tion of additional space for the existing Consulate General 

7 in Jerusalem: Provided further, That meetings between offi8 cers and employees of the United States and officials of the 

9 Palestinian Authority, or any successor Palestinian gov10 erning entity provided for in the Israel-PLO Declaration 

11 of Principles, for the purpose of conducting official United 

12 States Government business with such authority should con13 tinue to take place in locations other than Jerusalem: Pro14 vided further, That as has been true in the past, officers 

15 and employees of the United States Government may con16 tinue to meet in Jerusalem on other subjects with Palestin17 ians (including those who now occupy positions in the Pal18 estinian Authority), have social contacts, and have inci19 dental discussions. 

20 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

21 BROADCASTING CORPORATION

22 SEC. 7038. None of the funds appropriated or other23 wise made available by this Act may be used to provide 

24 equipment, technical support, consulting services, or any 
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1 other form of assistance to the Palestinian Broadcasting 

2 Corporation. 

3 ASSISTANCE FOR THE WEST BANK AND GAZA

4 SEC. 7039. (a) OVERSIGHT.—For fiscal year 2016, 30 

5 days prior to the initial obligation of funds for the bilateral 

6 West Bank and Gaza Program, the Secretary of State shall 

7 certify to the Committees on Appropriations that proce8 dures have been established to assure the Comptroller Gen9 eral of the United States will have access to appropriate 

10 United States financial information in order to review the 

11 uses of United States assistance for the Program funded 

12 under the heading ‘‘Economic Support Fund’’ for the West 

13 Bank and Gaza. 

14 (b) VETTING.—Prior to the obligation of funds appro15 priated by this Act under the heading ‘‘Economic Support 

16 Fund’’ for assistance for the West Bank and Gaza, the Sec17 retary of State shall take all appropriate steps to ensure 

18 that such assistance is not provided to or through any indi19 vidual, private or government entity, or educational insti20 tution that the Secretary knows or has reason to believe ad21 vocates, plans, sponsors, engages in, or has engaged in, ter22 rorist activity nor, with respect to private entities or edu23 cational institutions, those that have as a principal officer 

24 of the entity’s governing board or governing board of trust25 ees any individual that has been determined to be involved 
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1 in, or advocating terrorist activity or determined to be a 

2 member of a designated foreign terrorist organization: Pro3 vided, That the Secretary of State shall, as appropriate, es4 tablish procedures specifying the steps to be taken in car5 rying out this subsection and shall terminate assistance to 

6 any individual, entity, or educational institution which the 

7 Secretary has determined to be involved in or advocating 

8 terrorist activity. 

9 (c) PROHIBITION.— 

10 (1) RECOGNITION OF ACTS OF TERRORISM.— 

11 None of the funds appropriated under titles III 

12 through VI of this Act for assistance under the West 

13 Bank and Gaza Program may be made available for 

14 the purpose of recognizing or otherwise honoring indi15 viduals who commit, or have committed acts of ter16 rorism. 

17 (2) SECURITY ASSISTANCE AND REPORTING RE18 QUIREMENT.—Notwithstanding any other provision of 

19 law, none of the funds made available by this or prior 

20 appropriations Acts, including funds made available 

21 by transfer, may be made available for obligation for 

22 security assistance for the West Bank and Gaza until 

23 the Secretary of State reports to the Committees on 

24 Appropriations on the benchmarks that have been es25 tablished for security assistance for the West Bank 
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1 and Gaza and reports on the extent of Palestinian 

2 compliance with such benchmarks. 

3 (d) AUDITS BY THE UNITED STATES AGENCY FOR

4 INTERNATIONAL DEVELOPMENT.— 

5 (1) The Administrator of the United States 

6 Agency for International Development shall ensure 

7 that Federal or non-Federal audits of all contractors 

8 and grantees, and significant subcontractors and sub9 grantees, under the West Bank and Gaza Program, 

10 are conducted at least on an annual basis to ensure, 

11 among other things, compliance with this section. 

12 (2) Of the funds appropriated by this Act up to 

13 $500,000 may be used by the Office of Inspector Gen14 eral of the United States Agency for International De15 velopment for audits, inspections, and other activities 

16 in furtherance of the requirements of this subsection: 

17 Provided, That such funds are in addition to funds 

18 otherwise available for such purposes. 

19 (e) COMPTROLLER GENERAL OF THE UNITED STATES

20 AUDIT.—Subsequent to the certification specified in sub21 section (a), the Comptroller General of the United States 

22 shall conduct an audit and an investigation of the treat23 ment, handling, and uses of all funds for the bilateral West 

24 Bank and Gaza Program, including all funds provided as 

25 cash transfer assistance, in fiscal year 2016 under the head-
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1 ing ‘‘Economic Support Fund’’, and such audit shall ad2 dress— 

3 (1) the extent to which such Program complies 

4 with the requirements of subsections (b) and (c); and 

5 (2) an examination of all programs, projects, 

6 and activities carried out under such Program, in7 cluding both obligations and expenditures. 

8 (f) NOTIFICATION PROCEDURES.—Funds made avail9 able in this Act for West Bank and Gaza shall be subject 

10 to the regular notification procedures of the Committees on 

11 Appropriations. 

12 (g) REPORT.—Not later than 180 days after enactment 

13 of this Act, the Secretary of State shall submit a report to 

14 the Committees on Appropriations updating the report con15 tained in section 2106 of chapter 2 of title II of the Emer16 gency Supplemental Appropriations Act for Defense, the 

17 Global War on Terror, and Tsunami Relief, 2005 (Public 

18 Law 109–13). 

19 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN

20 AUTHORITY

21 SEC. 7040. (a) PROHIBITION OF FUNDS.—None of the 

22 funds appropriated by this Act to carry out the provisions 

23 of chapter 4 of part II of the Foreign Assistance Act of 1961 

24 may be obligated or expended with respect to providing 

25 funds to the Palestinian Authority. 
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1 (b) WAIVER.—The prohibition included in subsection 

2 (a) shall not apply if the President certifies in writing to 

3 the Speaker of the House of Representatives, the President 

4 pro tempore of the Senate, and the Committees on Appro5 priations that waiving such prohibition is important to the 

6 national security interest of the United States. 

7 (c) PERIOD OF APPLICATION OF WAIVER.—Any waiv8 er pursuant to subsection (b) shall be effective for no more 

9 than a period of 6 months at a time and shall not apply 

10 beyond 12 months after the enactment of this Act. 

11 (d) REPORT.—Whenever the waiver authority pursu12 ant to subsection (b) is exercised, the President shall submit 

13 a report to the Committees on Appropriations detailing the 

14 justification for the waiver, the purposes for which the funds 

15 will be spent, and the accounting procedures in place to 

16 ensure that the funds are properly disbursed: Provided, 

17 That the report shall also detail the steps the Palestinian 

18 Authority has taken to arrest terrorists, confiscate weapons 

19 and dismantle the terrorist infrastructure. 

20 (e) CERTIFICATION.—If the President exercises the 

21 waiver authority under subsection (b), the Secretary of 

22 State must certify and report to the Committees on Appro23 priations prior to the obligation of funds that the Pales24 tinian Authority has established a single treasury account 

25 for all Palestinian Authority financing and all financing 
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1 mechanisms flow through this account, no parallel financ2 ing mechanisms exist outside of the Palestinian Authority 

3 treasury account, and there is a single comprehensive civil 

4 service roster and payroll, and the Palestinian Authority 

5 is acting to counter incitement of violence against Israelis 

6 and is supporting activities aimed at promoting peace, co7 existence, and security cooperation with Israel. 

8 (f) PROHIBITION TO HAMAS AND THE PALESTINE LIB9 ERATION ORGANIZATION.— 

10 (1) None of the funds appropriated in titles III 

11 through VI of this Act may be obligated for salaries 

12 of personnel of the Palestinian Authority located in 

13 Gaza or may be obligated or expended for assistance 

14 to Hamas or any entity effectively controlled by 

15 Hamas, any power-sharing government of which 

16 Hamas is a member, or that results from an agree17 ment with Hamas and over which Hamas exercises 

18 undue influence. 

19 (2) Notwithstanding the limitation of paragraph 

20 (1), assistance may be provided to a power-sharing 

21 government only if the President certifies and reports 

22 to the Committees on Appropriations that such gov23 ernment, including all of its ministers or such equiva24 lent, has publicly accepted and is complying with the 

25 principles contained in section 620K(b)(1) (A) and 
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1 (B) of the Foreign Assistance Act of 1961, as amend2 ed. 

3 (3) The President may exercise the authority in 

4 section 620K(e) of the Foreign Assistance Act of 1961, 

5 as added by the Palestinian Anti-Terrorism Act of 

6 2006 (Public Law 109–446) with respect to this sub7 section. 

8 (4) Whenever the certification pursuant to para9 graph (2) is exercised, the Secretary of State shall 

10 submit a report to the Committees on Appropriations 

11 within 120 days of the certification and every quarter 

12 thereafter on whether such government, including all 

13 of its ministers or such equivalent are continuing to 

14 comply with the principles contained in section 

15 620K(b)(1) (A) and (B) of the Foreign Assistance Act 

16 of 1961, as amended: Provided, That the report shall 

17 also detail the amount, purposes and delivery mecha18 nisms for any assistance provided pursuant to the 

19 abovementioned certification and a full accounting of 

20 any direct support of such government. 

21 (5) None of the funds appropriated under titles 

22 III through VI of this Act may be obligated for assist23 ance for the Palestine Liberation Organization. 

24 MIDDLE EAST AND NORTH AFRICA

25 SEC. 7041. (a) EGYPT.— 
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1 (1) CERTIFICATION AND REPORT.—Funds appro2 priated by this Act that are available for assistance 

3 for Egypt may be made available notwithstanding 

4 any other provision of law restricting assistance for 

5 Egypt, except for this subsection and section 620M of 

6 the Foreign Assistance Act of 1961, and may only be 

7 made available for assistance for the Government of 

8 Egypt if the Secretary of State certifies and reports 

9 to the Committees on Appropriations that such gov10 ernment is— 

11 (A) sustaining the strategic relationship 

12 with the United States; and 

13 (B) meeting its obligations under the 1979 

14 Egypt-Israel Peace Treaty. 

15 (2) ECONOMIC SUPPORT FUND.— 

16 (A) FUNDING.—Of the funds appropriated 

17 by this Act under the heading ‘‘Economic Sup18 port Fund’’, up to $150,000,000 may be made 

19 available for assistance for Egypt, of which not 

20 less than $35,000,000 should be made available 

21 for higher education programs including not less 

22 than $10,000,000 for scholarships at not-for-prof23 it institutions for Egyptian students with high 

24 financial need: Provided, That such funds may 

25 be made available for democracy programs and 
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1 for development programs in the Sinai: Provided 

2 further, That such funds may not be made avail3 able for cash transfer assistance or budget sup4 port unless the Secretary of State certifies and 

5 reports to the appropriate congressional commit6 tees that the Government of Egypt is taking con7 sistent and effective steps to stabilize the econ8 omy and implement market-based economic re9 forms. 

10 (B) WITHHOLDING.—The Secretary of State 

11 shall withhold from obligation funds appro12 priated by this Act under the heading ‘‘Eco13 nomic Support Fund’’ for assistance for Egypt, 

14 an amount of such funds that the Secretary de15 termines to be equivalent to that expended by the 

16 United States Government for bail, and by non17 governmental organizations for legal and court 

18 fees, associated with democracy-related trials in 

19 Egypt until the Secretary certifies and reports to 

20 the Committees on Appropriations that the Gov21 ernment of Egypt has dismissed the convictions 

22 issued by the Cairo Criminal Court on June 4, 

23 2013, in ‘‘Public Prosecution Case No. 1110 for 

24 the Year 2012’’. 

25 (3) FOREIGN MILITARY FINANCING PROGRAM.— 
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1 (A) CERTIFICATION.—Of the funds appro2 priated by this Act under the heading ‘‘Foreign 

3 Military Financing Program’’, $1,300,000,000, 

4 to remain available until September 30, 2017, 

5 may be made available for assistance for Egypt: 

6 Provided, That 15 percent of such funds shall be 

7 withheld from obligation until the Secretary of 

8 State certifies and reports to the Committees on 

9 Appropriations that the Government of Egypt is 

10 taking effective steps to— 

11 (i) advance democracy and human 

12 rights in Egypt, including to govern demo13 cratically and protect religious minorities 

14 and the rights of women, which are in addi15 tion to steps taken during the previous cal16 endar year for such purposes; 

17 (ii) implement reforms that protect 

18 freedoms of expression, association, and 

19 peaceful assembly, including the ability of 

20 civil society organizations and the media to 

21 function without interference; 

22 (iii) release political prisoners and 

23 provide detainees with due process of law; 
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1 (iv) hold Egyptian security forces ac2 countable, including officers credibly alleged 

3 to have violated human rights; and 

4 (v) provide regular access for United 

5 States officials to monitor such assistance 

6 in areas where the assistance is used: 

7 Provided further, That such funds may be trans8 ferred to an interest bearing account in the Fed9 eral Reserve Bank of New York, following con10 sultation with the Committees on Appropria11 tions: Provided further, That the certification re12 quirement of this paragraph shall not apply to 

13 funds appropriated by this Act under such head14 ing for counterterrorism, border security, and 

15 nonproliferation programs for Egypt. 

16 (B) WAIVER.—The Secretary of State may 

17 waive the certification requirement in subpara18 graph (A) if the Secretary determines and re19 ports to the Committees on Appropriations that 

20 to do so is important to the national security in21 terest of the United States, and submits a report 

22 to such Committees containing a detailed jus23 tification for the use of such waiver and the rea24 sons why any of the requirements of subpara25 graph (A) cannot be met. 
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1 (4) OVERSIGHT AND CONSULTATION REQUIRE2 MENTS.— 

3 (A) The Secretary of State shall take all 

4 practicable steps to ensure that mechanisms are 

5 in place for monitoring, oversight, and control of 

6 funds made available by this subsection for as7 sistance for Egypt. 

8 (B) Not later than 90 days after enactment 

9 of this Act, the Secretary shall consult with the 

10 Committees on Appropriations on any plan to 

11 restructure military assistance for Egypt. 

12 (b) IRAN.— 

13 (1) FUNDING.—Funds appropriated by this Act 

14 under the headings ‘‘Diplomatic and Consular Pro15 grams’’, ‘‘Economic Support Fund’’, and ‘‘Non16 proliferation, Anti-terrorism, Demining and Related 

17 Programs’’ shall be used by the Secretary of State— 

18 (A) to support the United States policy to 

19 prevent Iran from achieving the capability to 

20 produce or otherwise obtain a nuclear weapon; 

21 (B) to support an expeditious response to 

22 any violation of the Joint Comprehensive Plan of 

23 Action or United Nations Security Council Reso24 lution 2231; 
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1 (C) to support the implementation and en2 forcement of sanctions against Iran for support 

3 of terrorism, human rights abuses, and ballistic 

4 missile and weapons proliferation; and 

5 (D) for democracy programs for Iran, to be 

6 administered by the Assistant Secretary for Near 

7 Eastern Affairs, Department of State, in con8 sultation with the Assistant Secretary for De9 mocracy, Human Rights, and Labor, Depart10 ment of State. 

11 (2) CONTINUATION OF PROHIBITION.—The terms 

12 and conditions of paragraph (2) of section 7041(c) in 

13 division I of Public Law 112–74 shall continue in ef14 fect during fiscal year 2016 as if part of this Act. 

15 (3) REPORTS.— 

16 (A) The Secretary of State shall submit to 

17 the Committees on Appropriations the semi-an18 nual report required by section 2 of the Iran Nu19 clear Agreement Review Act of 2015 (42 U.S.C. 

20 2160e(d)(4)). 

21 (B) Not later than 180 days after the date 

22 of enactment of this Act, the Secretary of State, 

23 in consultation with the Secretary of the Treas24 ury, shall submit to the appropriate congres25 sional committees a report on the status of the 
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1 implementation and enforcement of bilateral 

2 United States and multilateral sanctions against 

3 Iran and actions taken by the United States and 

4 the international community to enforce such 

5 sanctions against Iran: Provided, That the re6 port shall also include any entities involved in 

7 the testing of a ballistic missile by the Govern8 ment of Iran after October 1, 2015, and note 

9 whether such entities are currently under United 

10 States sanctions: Provided further, That such re11 port shall be submitted in an unclassified form, 

12 but may contain a classified annex if necessary. 

13 (c) IRAQ.— 

14 (1) PURPOSES.—Funds appropriated by this Act 

15 shall be made available for assistance for Iraq to pro16 mote governance, security, and internal and regional 

17 stability, including in Kurdistan and other areas im18 pacted by the conflict in Syria, and among religious 

19 and ethnic minority populations in Iraq. 

20 (2) LIMITATION.—None of the funds appro21 priated by this Act may be made available for con22 struction, rehabilitation, or other improvements to 

23 United States diplomatic facilities in Iraq on prop24 erty for which no land-use agreement has been entered 

25 into by the Governments of the United States and 
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1 Iraq: Provided, That the restrictions in this para2 graph shall not apply if such funds are necessary to 

3 protect United States diplomatic facilities or the secu4 rity, health, and welfare of United States personnel. 

5 (3) KURDISTAN REGIONAL GOVERNMENTS SECU6 RITY SERVICES.—Funds appropriated by this Act 

7 under the headings ‘‘International Narcotics Control 

8 and Law Enforcement’’ and ‘‘Foreign Military Fi9 nancing Program’’ that are available for assistance 

10 for Iraq should be made available to enhance the ca11 pacity of Kurdistan Regional Government security 

12 services and for security programs in Kurdistan to 

13 address requirements arising from the violence in 

14 Syria and Iraq: Provided, That the Secretary of State 

15 shall consult with the Committees on Appropriations 

16 prior to obligating such funds. 

17 (4) BASING RIGHTS AGREEMENT.—None of the 

18 funds appropriated or otherwise made available by 

19 this Act may be used by the Government of the United 

20 States to enter into a permanent basing rights agree21 ment between the United States and Iraq. 

22 (d) JORDAN.— 

23 (1) FUNDING LEVELS.—Of the funds appro24 priated by this Act under titles III and IV, not less 

25 than $1,275,000,000 shall be made available for as-
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1 sistance for Jordan, of which not less than 

2 $204,000,000 shall be for budget support for the Gov3 ernment of Jordan and $100,000,000 shall be for 

4 water sector support: Provided, That such assistance 

5 for water sector support shall be subject to prior con6 sultation with the Committees on Appropriations. 

7 (2) RESPONSE TO THE SYRIAN CRISIS.—Funds 

8 appropriated by this Act shall be made available for 

9 programs to implement the Jordan Response Plan 

10 2015 for the Syria Crisis, including assistance for 

11 host communities in Jordan: Provided, That not later 

12 than 180 days after enactment of this Act, the Sec13 retary of State shall submit a report to the Commit14 tees on Appropriations describing United States and 

15 other donor contributions to such Plan. 

16 (e) LEBANON.— 

17 (1) LIMITATION.—None of the funds appro18 priated by this Act may be made available for the 

19 Lebanese Internal Security Forces (ISF) or the Leba20 nese Armed Forces (LAF) if the ISF or the LAF is 

21 controlled by a foreign terrorist organization, as des22 ignated pursuant to section 219 of the Immigration 

23 and Nationality Act. 

24 (2) CONSULTATION REQUIREMENT.—Funds ap25 propriated by this Act under the headings ‘‘Inter-
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1 national Narcotics Control and Law Enforcement’’ 

2 and ‘‘Foreign Military Financing Program’’ that are 

3 available for assistance for Lebanon may be made 

4 available for programs and equipment for the ISF 

5 and the LAF to address security and stability re6 quirements in areas affected by the conflict in Syria, 

7 following consultation with the appropriate congres8 sional committees. 

9 (3) ECONOMIC SUPPORT FUND.—Funds appro10 priated by this Act under the heading ‘‘Economic 

11 Support Fund’’ that are available for assistance for 

12 Lebanon may be made available notwithstanding sec13 tion 1224 of the Foreign Relations Authorization Act, 

14 Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 

15 2346 note). 

16 (4) FOREIGN MILITARY FINANCING PROGRAM.— 

17 In addition to the activities described in paragraph 

18 (2), funds appropriated by this Act under the heading 

19 ‘‘Foreign Military Financing Program’’ for assistance 

20 for Lebanon may be made available only to profes21 sionalize the LAF and to strengthen border security 

22 and combat terrorism, including training and equip23 ping the LAF to secure Lebanon’s borders, inter24 dicting arms shipments, preventing the use of Leb25 anon as a safe haven for terrorist groups, and to im-
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1 plement United Nations Security Council Resolution 

2 1701: Provided, That funds may not be obligated for 

3 assistance for the LAF until the Secretary of State 

4 submits to the Committees on Appropriations a de5 tailed spend plan, including actions to be taken to en6 sure equipment provided to the LAF is only used for 

7 the intended purposes, except such plan may not be 

8 considered as meeting the notification requirements 

9 under section 7015 of this Act or under section 634A 

10 of the Foreign Assistance Act of 1961, and shall be 

11 submitted not later than September 1, 2016: Provided 

12 further, That any notification submitted pursuant to 

13 such sections shall include any funds specifically in14 tended for lethal military equipment. 

15 (f) LIBYA.— 

16 (1) FUNDING.—Of the funds appropriated by ti17 tles III and IV of this Act, not less than $20,000,000 

18 shall be made available for assistance for Libya for 

19 programs to strengthen governing institutions and 

20 civil society, improve border security, and promote 

21 democracy and stability in Libya, and for activities 

22 to address the humanitarian needs of the people of 

23 Libya. 

24 (2) LIMITATIONS.— 
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1 (A) COOPERATION ON THE SEPTEMBER 2012

2 ATTACK ON UNITED STATES PERSONNEL AND FA3 CILITIES.—None of the funds appropriated by 

4 this Act may be made available for assistance for 

5 the central Government of Libya unless the Sec6 retary of State reports to the Committees on Ap7 propriations that such government is cooperating 

8 with United States Government efforts to inves9 tigate and bring to justice those responsible for 

10 the attack on United States personnel and facili11 ties in Benghazi, Libya in September 2012: Pro12 vided, That the limitation in this paragraph 

13 shall not apply to funds made available for the 

14 purpose of protecting United States Government 

15 personnel or facilities. 

16 (B) INFRASTRUCTURE PROJECTS.—The lim17 itation on the uses of funds in section 7041(f)(2) 

18 of the Department of State, Foreign Operations, 

19 and Related Programs Appropriations Act, 2014 

20 (division K of Public Law 113–76) shall apply 

21 to funds appropriated by this Act that are made 

22 available for assistance for Libya. 

23 (3) CERTIFICATION REQUIREMENT.—Prior to the 

24 initial obligation of funds made available by this Act 

25 for assistance for Libya, the Secretary of State shall 
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1 certify and report to the Committees on Appropria2 tions that all practicable steps have been taken to en3 sure that mechanisms are in place for monitoring, 

4 oversight, and control of funds made available by this 

5 subsection for assistance for Libya, including a de6 scription of the vetting procedures to be used for re7 cipients of assistance made available under title IV of 

8 this Act. 

9 (g) MOROCCO.— 

10 (1) AVAILABILITY AND CONSULTATION REQUIRE11 MENT.—Funds appropriated under title III of this 

12 Act shall be made available for assistance for the 

13 Western Sahara: Provided, That not later than 90 

14 days after enactment of this Act and prior to the obli15 gation of such funds the Secretary of State, in con16 sultation with the Administrator of the United States 

17 Agency for International Development, shall consult 

18 with the Committees on Appropriations on the pro19 posed uses of such funds. 

20 (2) FOREIGN MILITARY FINANCING PROGRAM.— 

21 Funds appropriated by this Act under the heading 

22 ‘‘Foreign Military Financing Program’’ that are 

23 available for assistance for Morocco may only be used 

24 for the purposes requested in the Congressional Budg-
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1 et Justification, Foreign Operations, Fiscal Year 

2 2016. 

3 (h) SYRIA.— 

4 (1) NON-LETHAL ASSISTANCE.—Funds appro5 priated by this Act under the headings ‘‘Economic 

6 Support Fund’’, ‘‘International Narcotics Control and 

7 Law Enforcement’’, and ‘‘Peacekeeping Operations’’ 

8 shall be made available, notwithstanding any other 

9 provision of law except for this subsection, for non-le10 thal assistance for programs to address the needs of 

11 civilians affected by conflict in Syria, and for pro12 grams that seek to— 

13 (A) establish governance in Syria that is 

14 representative, inclusive, and accountable; 

15 (B) expand the role of women in negotia16 tions to end the violence and in any political 

17 transition in Syria; 

18 (C) develop and implement political proc19 esses that are democratic, transparent, and ad20 here to the rule of law; 

21 (D) further the legitimacy of the Syrian op22 position through cross-border programs; 

23 (E) develop civil society and an inde24 pendent media in Syria; 
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1 (F) promote economic development in 

2 Syria; 

3 (G) document, investigate, and prosecute 

4 human rights violations in Syria, including 

5 through transitional justice programs and sup6 port for nongovernmental organizations; 

7 (H) counter extremist ideologies; 

8 (I) assist Syrian refugees whose education 

9 has been interrupted by the ongoing conflict to 

10 complete higher education requirements at re11 gional academic institutions; and 

12 (J) assist vulnerable populations in Syria 

13 and in neighboring countries. 

14 (2) SYRIAN ORGANIZATIONS.—Funds appro15 priated by this Act that are made available for assist16 ance for Syria pursuant to the authority of this sub17 section shall be made available, on an open and com18 petitive basis, for a program to strengthen the capa19 bility of Syrian civil society organizations to address 

20 the immediate and long-term needs of the Syrian peo21 ple inside Syria in a manner that supports the sus22 tainability of such organizations in implementing 

23 Syrian-led humanitarian and development programs 

24 and the comprehensive strategy required in section 

25 7041(i)(3) of the Department of State, Foreign Oper-
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•HR 2029 EAH 

1 ations, and Related Programs Appropriations Act, 

2 2014 (division K of Public Law 113–76). 

3 (3) STRATEGY UPDATE.—Funds appropriated by 

4 this Act that are made available for assistance for 

5 Syria pursuant to the authority of this subsection 

6 may only be made available after the Secretary of 

7 State, in consultation with the heads of relevant 

8 United States Government agencies, submits, in clas9 sified form if necessary, an update to the comprehen10 sive strategy required in section 7041(i)(3) of Public 

11 Law 113–76. 

12 (4) MONITORING AND OVERSIGHT.—Prior to the 

13 obligation of funds appropriated by this Act and 

14 made available for assistance for Syria, the Secretary 

15 of State shall take all practicable steps to ensure that 

16 mechanisms are in place for monitoring, oversight, 

17 and control of such assistance inside Syria: Provided, 

18 That the Secretary shall promptly inform the appro19 priate congressional committees of each significant in20 stance in which assistance provided pursuant to this 

21 subsection has been compromised, to include the type 

22 and amount of assistance affected, a description of the 

23 incident and parties involved, and an explanation of 

24 the response of the Department of State. 
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•HR 2029 EAH 

1 (5) CONSULTATION AND NOTIFICATION.—Funds 

2 made available pursuant to this subsection may only 

3 be made available following consultation with the ap4 propriate congressional committees, and shall be sub5 ject to the regular notification procedures of the Com6 mittees on Appropriations. 

7 (i) TUNISIA.—Of the funds appropriated under titles 

8 III and IV of this Act, not less than $141,900,000 shall be 

9 made available for assistance for Tunisia. 

10 (j) WEST BANK AND GAZA.— 

11 (1) REPORT ON ASSISTANCE.—Prior to the ini12 tial obligation of funds made available by this Act 

13 under the heading ‘‘Economic Support Fund’’ for as14 sistance for the West Bank and Gaza, the Secretary 

15 of State shall report to the Committees on Appropria16 tions that the purpose of such assistance is to— 

17 (A) advance Middle East peace; 

18 (B) improve security in the region; 

19 (C) continue support for transparent and 

20 accountable government institutions; 

21 (D) promote a private sector economy; or 

22 (E) address urgent humanitarian needs. 

23 (2) LIMITATIONS.— 

24 (A)(i) None of the funds appropriated under 

25 the heading ‘‘Economic Support Fund’’ in this 
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1 Act may be made available for assistance for the 

2 Palestinian Authority, if after the date of enact3 ment of this Act— 

4 (I) the Palestinians obtain the same 

5 standing as member states or full member6 ship as a state in the United Nations or 

7 any specialized agency thereof outside an 

8 agreement negotiated between Israel and the 

9 Palestinians; or 

10 (II) the Palestinians initiate an Inter11 national Criminal Court (ICC) judicially 

12 authorized investigation, or actively support 

13 such an investigation, that subjects Israeli 

14 nationals to an investigation for alleged 

15 crimes against Palestinians. 

16 (ii) The Secretary of State may waive the 

17 restriction in clause (i) of this subparagraph re18 sulting from the application of subclause (I) of 

19 such clause if the Secretary certifies to the Com20 mittees on Appropriations that to do so is in the 

21 national security interest of the United States, 

22 and submits a report to such Committees detail23 ing how the waiver and the continuation of as24 sistance would assist in furthering Middle East 

25 peace. 
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•HR 2029 EAH 

1 (B)(i) The President may waive the provi2 sions of section 1003 of the Foreign Relations 

3 Authorization Act, Fiscal Years 1988 and 1989 

4 (Public Law 100–204) if the President deter5 mines and certifies in writing to the Speaker of 

6 the House of Representatives, the President pro 

7 tempore of the Senate, and the appropriate con8 gressional committees that the Palestinians have 

9 not, after the date of enactment of this Act— 

10 (I) obtained in the United Nations or 

11 any specialized agency thereof the same 

12 standing as member states or full member13 ship as a state outside an agreement nego14 tiated between Israel and the Palestinians; 

15 and 

16 (II) taken any action with respect to 

17 the ICC that is intended to influence a de18 termination by the ICC to initiate a judi19 cially authorized investigation, or to ac20 tively support such an investigation, that 

21 subjects Israeli nationals to an investigation 

22 for alleged crimes against Palestinians. 

23 (ii) Not less than 90 days after the Presi24 dent is unable to make the certification pursuant 

25 to clause (i) of this subparagraph, the President 
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•HR 2029 EAH 

1 may waive section 1003 of Public Law 100–204 

2 if the President determines and certifies in writ3 ing to the Speaker of the House of Representa4 tives, the President pro tempore of the Senate, 

5 and the Committees on Appropriations that the 

6 Palestinians have entered into direct and mean7 ingful negotiations with Israel: Provided, That 

8 any waiver of the provisions of section 1003 of 

9 Public Law 100–204 under clause (i) of this sub10 paragraph or under previous provisions of law 

11 must expire before the waiver under the pre12 ceding sentence may be exercised. 

13 (iii) Any waiver pursuant to this subpara14 graph shall be effective for no more than a period 

15 of 6 months at a time and shall not apply be16 yond 12 months after the enactment of this Act. 

17 (3) REDUCTION.—The Secretary of State shall 

18 reduce the amount of assistance made available by 

19 this Act under the heading ‘‘Economic Support 

20 Fund’’ for the Palestinian Authority by an amount 

21 the Secretary determines is equivalent to the amount 

22 expended by the Palestinian Authority as payments 

23 for acts of terrorism by individuals who are impris24 oned after being fairly tried and convicted for acts of 

25 terrorism and by individuals who died committing 
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1 acts of terrorism during the previous calendar year: 

2 Provided, That the Secretary shall report to the Com3 mittees on Appropriations on the amount reduced for 

4 fiscal year 2016 prior to the obligation of funds for 

5 the Palestinian Authority. 

6 (4) SECURITY REPORT.—The reporting require7 ments contained in section 1404 of the Supplemental 

8 Appropriations Act, 2008 (Public Law 110–252) shall 

9 apply to funds made available by this Act, including 

10 a description of modifications, if any, to the security 

11 strategy of the Palestinian Authority. 

12 AFRICA

13 SEC. 7042. (a) BOKO HARAM.—Funds appropriated 

14 by this Act that are made available for assistance for Cam15 eroon, Chad, Niger, and Nigeria— 

16 (1) shall be made available for assistance for 

17 women and girls who are targeted by the terrorist or18 ganization Boko Haram, consistent with the provi19 sions of section 7059 of this Act; and 

20 (2) may be made available for counterterrorism 

21 programs to combat Boko Haram. 

22 (b) CENTRAL AFRICAN REPUBLIC.—Funds made 

23 available by this Act for assistance for the Central African 

24 Republic shall be made available for reconciliation and 

25 peacebuilding programs, including activities to promote 
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1 inter-faith dialogue at the national and local levels, and 

2 for programs to prevent crimes against humanity. 

3 (c) COUNTERTERRORISM PROGRAMS.—Of the funds 

4 appropriated by this Act, not less than $69,821,000 should 

5 be made available for the Trans-Sahara Counter-terrorism 

6 Partnership program, and not less than $24,150,000 should 

7 be made available for the Partnership for Regional East 

8 Africa Counterterrorism program. 

9 (d) ETHIOPIA.— 

10 (1) FORCED EVICTIONS.— 

11 (A) Funds appropriated by this Act for as12 sistance for Ethiopia may not be made available 

13 for any activity that supports forced evictions. 

14 (B) The Secretary of the Treasury shall in15 struct the United States executive director of 

16 each international financial institution to vote 

17 against financing for any activity that supports 

18 forced evictions in Ethiopia. 

19 (2) CONSULTATION REQUIREMENT.—Programs 

20 and activities to improve livelihoods shall include 

21 prior consultation with, and the participation of, af22 fected communities, including in the South Omo and 

23 Gambella regions. 

24 (3) FOREIGN MILITARY FINANCING PROGRAM.— 

25 Funds appropriated by this Act under the heading 
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1 ‘‘Foreign Military Financing Program’’ for assistance 

2 for Ethiopia may only be made available for border 

3 security and counterterrorism programs, support for 

4 international peacekeeping efforts, and assistance for 

5 the Ethiopian Defense Command and Staff College. 

6 (e) LAKE CHAD BASIN COUNTRIES.—Funds appro7 priated by this Act shall be made available for democracy 

8 and other development programs in Cameroon, Chad, 

9 Niger, and Nigeria, following consultation with the Com10 mittees on Appropriations: Provided, That such democracy 

11 programs should protect freedoms of expression, association 

12 and religion, including for journalists, civil society, and op13 position political parties, and should be used to assist the 

14 governments of such countries to strengthen accountability 

15 and the rule of law, including within the security forces. 

16 (f) LORD’S RESISTANCE ARMY.—Funds appropriated 

17 by this Act shall be made available for programs and activi18 ties in areas affected by the Lord’s Resistance Army (LRA) 

19 consistent with the goals of the Lord’s Resistance Army Dis20 armament and Northern Uganda Recovery Act (Public Law 

21 111–172), including to improve physical access, tele22 communications infrastructure, and early-warning mecha23 nisms and to support the disarmament, demobilization, and 

24 reintegration of former LRA combatants, especially child 

25 soldiers. 
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1 (g) POWER AFRICA INITIATIVE.—Funds appropriated 

2 by this Act that are made available for the Power Africa 

3 initiative shall be subject to the regular notification proce4 dures of the Committees on Appropriations. 

5 (h) PROGRAMS IN AFRICA.— 

6 (1) Of the funds appropriated by this Act under 

7 the headings ‘‘Global Health Programs’’ and ‘‘Eco8 nomic Support Fund’’, not less than $7,000,000 shall 

9 be made available for the purposes of section 

10 7042(g)(1) of the Department of State, Foreign Oper11 ations, and Related Programs Appropriations Act, 

12 2014 (division K of Public Law 113–76). 

13 (2) Of the funds appropriated by this Act under 

14 the headings ‘‘Economic Support Fund’’ and ‘‘Inter15 national Narcotics Control and Law Enforcement’’, 

16 not less than $8,000,000 shall be made available for 

17 the purposes of section 7042(g)(2) of the Department 

18 of State, Foreign Operations, and Related Programs 

19 Appropriations Act, 2014 (division K of Public Law 

20 113–76). 

21 (3) Funds made available under paragraphs (1) 

22 and (2) shall be programmed in a manner that 

23 leverages a United States Government-wide approach 

24 to addressing shared challenges and mutually bene25 ficial opportunities, and shall be the responsibility of 
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1 United States Chiefs of Mission in countries in Africa 

2 seeking enhanced partnerships with the United States 

3 in areas of trade, investment, development, health, 

4 and security. 

5 (i) SOUTH SUDAN.— 

6 (1) Funds appropriated by this Act that are 

7 made available for assistance for South Sudan 

8 should— 

9 (A) be prioritized for programs that respond 

10 to humanitarian needs and the delivery of basic 

11 services and to mitigate conflict and promote 

12 stability, including to address protection needs 

13 and prevent and respond to gender-based vio14 lence; 

15 (B) support programs that build resilience 

16 of communities to address food insecurity, main17 tain educational opportunities, and enhance 

18 local governance; 

19 (C) be used to advance democracy, includ20 ing support for civil society, independent media, 

21 and other means to strengthen the rule of law; 

22 (D) support the transparent and sustain23 able management of natural resources by assist24 ing the Government of South Sudan in con25 ducting regular audits of financial accounts, in-
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1 cluding revenues from oil and gas, and the time2 ly public disclosure of such audits; and 

3 (E) support the professionalization of secu4 rity forces, including human rights and account5 ability to civilian authorities. 

6 (2) None of the funds appropriated by this Act 

7 that are available for assistance for the central Gov8 ernment of South Sudan may be made available until 

9 the Secretary of State certifies and reports to the 

10 Committees on Appropriations that such government 

11 is taking effective steps to— 

12 (A) end hostilities and pursue good faith ne13 gotiations for a political settlement of the inter14 nal conflict; 

15 (B) provide access for humanitarian orga16 nizations; 

17 (C) end the recruitment and use of child sol18 diers; 

19 (D) protect freedoms of expression, associa20 tion, and assembly; 

21 (E) reduce corruption related to the extrac22 tion and sale of oil and gas; and 

23 (F) establish democratic institutions, in24 cluding accountable military and police forces 

25 under civilian authority. 
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1 (3) The limitation of paragraph (2) shall not 

2 apply to— 

3 (A) humanitarian assistance; 

4 (B) assistance to support South Sudan 

5 peace negotiations or to advance or implement a 

6 peace agreement; and 

7 (C) assistance to support implementation of 

8 outstanding issues of the Comprehensive Peace 

9 Agreement (CPA) and mutual arrangements re10 lated to the CPA. 

11 (j) SUDAN.— 

12 (1) Notwithstanding any other provision of law, 

13 none of the funds appropriated by this Act may be 

14 made available for assistance for the Government of 

15 Sudan. 

16 (2) None of the funds appropriated by this Act 

17 may be made available for the cost, as defined in sec18 tion 502 of the Congressional Budget Act of 1974, of 

19 modifying loans and loan guarantees held by the Gov20 ernment of Sudan, including the cost of selling, reduc21 ing, or canceling amounts owed to the United States, 

22 and modifying concessional loans, guarantees, and 

23 credit agreements. 

24 (3) The limitations of paragraphs (1) and (2) 

25 shall not apply to— 
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1 (A) humanitarian assistance; 

2 (B) assistance for democracy programs; 

3 (C) assistance for the Darfur region, South4 ern Kordofan State, Blue Nile State, other 

5 marginalized areas and populations in Sudan, 

6 and Abyei; and 

7 (D) assistance to support implementation of 

8 outstanding issues of the Comprehensive Peace 

9 Agreement (CPA), mutual arrangements related 

10 to post-referendum issues associated with the 

11 CPA, or any other internationally recognized 

12 viable peace agreement in Sudan. 

13 (k) ZIMBABWE.— 

14 (1) The Secretary of the Treasury shall instruct 

15 the United States executive director of each inter16 national financial institution to vote against any ex17 tension by the respective institution of any loan or 

18 grant to the Government of Zimbabwe, except to meet 

19 basic human needs or to promote democracy, unless 

20 the Secretary of State certifies and reports to the 

21 Committees on Appropriations that the rule of law 

22 has been restored, including respect for ownership and 

23 title to property, and freedoms of expression, associa24 tion, and assembly. 
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1 (2) None of the funds appropriated by this Act 

2 shall be made available for assistance for the central 

3 Government of Zimbabwe, except for health and edu4 cation, unless the Secretary of State certifies and re5 ports as required in paragraph (1), and funds may 

6 be made available for macroeconomic growth assist7 ance if the Secretary reports to the Committees on 

8 Appropriations that such government is imple9 menting transparent fiscal policies, including public 

10 disclosure of revenues from the extraction of natural 

11 resources. 

12 EAST ASIA AND THE PACIFIC

13 SEC. 7043. (a) ASIA REBALANCING INITIATIVE.—Ex14 cept for paragraphs (1)(C), (4), (5)(B) and (C), and 6(B), 

15 section 7043(a) of the Department of State, Foreign Oper16 ations, and Related Programs Appropriations Act, 2015 

17 (division J of Public Law 113–235) shall continue in effect 

18 during fiscal year 2016 as if part of this Act: Provided, 

19 That section 7043(a)(8) of such Act shall be applied to 

20 funds appropriated by this Act by adding ‘‘East Asia,’’ be21 fore ‘‘South East Asia’’. 

22 (b) BURMA.— 

23 (1) BILATERAL ECONOMIC ASSISTANCE.— 

24 (A) Funds appropriated by this Act under 

25 the heading ‘‘Economic Support Fund’’ for as-
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1 sistance for Burma may be made available not2 withstanding any other provision of law, except 

3 for this subsection, and following consultation 

4 with the appropriate congressional committees. 

5 (B) Funds appropriated under title III of 

6 this Act for assistance for Burma— 

7 (i) may not be made available for 

8 budget support for the Government of 

9 Burma; 

10 (ii) shall be made available to strength11 en civil society organizations in Burma, in12 cluding as core support for such organiza13 tions; 

14 (iii) shall be made available for the 

15 implementation of the democracy and 

16 human rights strategy required by section 

17 7043(b)(3)(A) of the Department of State, 

18 Foreign Operations, and Related Programs 

19 Appropriations Act, 2014 (division K of 

20 Public Law 113–76); 

21 (iv) shall be made available for com22 munity-based organizations operating in 

23 Thailand to provide food, medical, and 

24 other humanitarian assistance to internally 

25 displaced persons in eastern Burma, in ad-
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1 dition to assistance for Burmese refugees 

2 from funds appropriated by this Act under 

3 the heading ‘‘Migration and Refugee Assist4 ance’’; 

5 (v) shall be made available for pro6 grams to promote ethnic and religious toler7 ance, including in Rakhine and Kachin 

8 states; 

9 (vi) may not be made available to any 

10 successor or affiliated organization of the 

11 State Peace and Development Council 

12 (SPDC) controlled by former SPDC mem13 bers that promotes the repressive policies of 

14 the SPDC, or to any individual or organi15 zation credibly alleged to have committed 

16 gross violations of human rights, including 

17 against Rohingya and other minority 

18 groups; 

19 (vii) may be made available for pro20 grams administered by the Office of Transi21 tion Initiatives, United States Agency for 

22 International Development (USAID), for 

23 ethnic groups and civil society in Burma to 

24 help sustain ceasefire agreements and fur25 ther prospects for reconciliation and peace, 
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1 which may include support to representa2 tives of ethnic armed groups for this pur3 pose; and 

4 (viii) may not be made available to 

5 any organization or individual the Sec6 retary of State determines and reports to 

7 the appropriate congressional committees 

8 advocates violence against ethnic or reli9 gious groups and individuals in Burma, in10 cluding such organizations as Ma Ba Tha. 

11 (2) INTERNATIONAL SECURITY ASSISTANCE.— 

12 None of the funds appropriated by this Act under the 

13 headings ‘‘International Military Education and 

14 Training’’ and ‘‘Foreign Military Financing Pro15 gram’’ may be made available for assistance for 

16 Burma: Provided, That the Department of State may 

17 continue consultations with the armed forces of 

18 Burma only on human rights and disaster response 

19 in a manner consistent with the prior fiscal year, and 

20 following consultation with the appropriate congres21 sional committees. 

22 (3) MULTILATERAL ASSISTANCE.—The Secretary 

23 of the Treasury should instruct the United States ex24 ecutive director of each international financial insti-
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1 tution to use the voice and vote of the United States 

2 to support projects in Burma only if such projects— 

3 (A) promote accountability and trans4 parency, including on-site monitoring through5 out the life of the project; 

6 (B) are developed and carried out in ac7 cordance with best practices regarding environ8 mental conservation; social and cultural protec9 tion and empowerment of local populations, par10 ticularly ethnic nationalities; and extraction of 

11 resources; 

12 (C) do not promote the displacement of local 

13 populations without appropriate consultation, 

14 harm mitigation and compensation, and do not 

15 provide incentives for, or facilitate, the forced 

16 migration of indigenous communities; and 

17 (D) do not partner with or otherwise in18 volve military-owned enterprises or state-owned 

19 enterprises associated with the military. 

20 (4) ASSESSMENT.—Not later than 180 days after 

21 enactment of this Act, the Comptroller General of the 

22 United States shall initiate an assessment of democ23 racy programs in Burma conducted by the Depart24 ment of State and USAID, including the strategy for 

25 such programs, and programmatic implementation 
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1 and results: Provided, That of the funds appropriated 

2 by this Act and made available for assistance for 

3 Burma, up to $100,000 shall be made available to the 

4 Comptroller for such assessment. 

5 (5) PROGRAMS, POSITION, AND RESPONSIBIL6 ITIES.— 

7 (A) Any new program or activity in Burma 

8 initiated in fiscal year 2016 shall be subject to 

9 prior consultation with the appropriate congres10 sional committees. 

11 (B) Section 7043(b)(7) of the Department of 

12 State, Foreign Operations, and Related Pro13 grams Appropriations Act, 2015 (division J of 

14 Public Law 113–235) shall continue in effect 

15 during fiscal year 2016 as if part of this Act. 

16 (C) The United States Chief of Mission in 

17 Burma, in consultation with the Assistant Sec18 retary for the Bureau of Democracy, Human 

19 Rights, and Labor, Department of State, shall be 

20 responsible for democracy programs in Burma. 

21 (c) CAMBODIA.— 

22 (1) KHMER ROUGE TRIBUNAL.—Of the funds ap23 propriated by this Act that are made available for as24 sistance for Cambodia, up to $2,000,000 may be made 

25 available for a contribution to the Extraordinary 
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1 Chambers in the Court of Cambodia (ECCC), in a 

2 manner consistent with prior fiscal years, except that 

3 such funds may only be made available for a con4 tribution to the appeals process in Case 002/01. 

5 (2) RESEARCH AND EDUCATION.—Funds made 

6 available by this Act for democracy programs in 

7 Cambodia shall be made available for research and 

8 education programs associated with the Khmer Rouge 

9 genocide in Cambodia. 

10 (3) REIMBURSEMENTS.—The Secretary of State 

11 shall continue to consult with the Principal Donors 

12 Group on reimbursements to the Documentation Cen13 ter of Cambodia for costs incurred in support of the 

14 ECCC. 

15 (d) NORTH KOREA.— 

16 (1) BROADCASTS.—Funds appropriated by this 

17 Act under the heading ‘‘International Broadcasting 

18 Operations’’ shall be made available to maintain 

19 broadcasts into North Korea at levels consistent with 

20 the prior fiscal year. 

21 (2) REFUGEES.—Funds appropriated by this 

22 Act under the heading ‘‘Migration and Refugee Assist23 ance’’ shall be made available for assistance for refu24 gees from North Korea, including protection activities 
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1 in the People’s Republic of China and other countries 

2 in the Asia region. 

3 (3) DATABASE AND REPORT.—Funds appro4 priated by this Act under title III shall be made 

5 available to maintain a database of prisons and 

6 gulags in North Korea, in accordance with section 

7 7032(i) of the Department of State, Foreign Oper8 ations, and Related Programs Appropriations Act, 

9 2014 (division K of Public Law 113–76): Provided, 

10 That not later than 30 days after enactment of this 

11 Act, the Secretary of State shall submit a report to 

12 the Committees on Appropriations describing the 

13 sources of information and format of such database. 

14 (4) LIMITATION ON USE OF FUNDS.—None of the 

15 funds made available by this Act under the heading 

16 ‘‘Economic Support Fund’’ may be made available 

17 for assistance for the Government of North Korea. 

18 (e) PEOPLE’S REPUBLIC OF CHINA.— 

19 (1) LIMITATION ON USE OF FUNDS.—None of the 

20 funds appropriated under the heading ‘‘Diplomatic 

21 and Consular Programs’’ in this Act may be obligated 

22 or expended for processing licenses for the export of 

23 satellites of United States origin (including commer24 cial satellites and satellite components) to the People’s 

25 Republic of China (PRC) unless, at least 15 days in 
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1 advance, the Committees on Appropriations are noti2 fied of such proposed action. 

3 (2) PEOPLE’S LIBERATION ARMY.—The terms 

4 and requirements of section 620(h) of the Foreign As5 sistance Act of 1961 shall apply to foreign assistance 

6 projects or activities of the People’s Liberation Army 

7 (PLA) of the PRC, to include such projects or activi8 ties by any entity that is owned or controlled by, or 

9 an affiliate of, the PLA: Provided, That none of the 

10 funds appropriated or otherwise made available pur11 suant to this Act may be used to finance any grant, 

12 contract, or cooperative agreement with the PLA, or 

13 any entity that the Secretary of State has reason to 

14 believe is owned or controlled by, or an affiliate of, 

15 the PLA. 

16 (3) COUNTER INFLUENCE PROGRAMS.—Funds 

17 appropriated by this Act for public diplomacy under 

18 title I and for assistance under titles III and IV shall 

19 be made available to counter the influence of the PRC, 

20 in accordance with the strategy required by section 

21 7043(e)(3) of the Department of State, Foreign Oper22 ations, and Related Programs Appropriations Act, 

23 2014 (division K of Public Law 113–76), following 

24 consultation with the Committees on Appropriations. 
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1 (4) COST-MATCHING REQUIREMENT.—Section 

2 7032(f) of the Department of State, Foreign Oper3 ations, and Related Programs Appropriations Act, 

4 2015 (division J of Public Law 113–235) shall con5 tinue in effect during fiscal year 2016 as if part of 

6 this Act. 

7 (f) TIBET.— 

8 (1) FINANCING OF PROJECTS IN TIBET.—The 

9 Secretary of the Treasury should instruct the United 

10 States executive director of each international finan11 cial institution to use the voice and vote of the United 

12 States to support financing of projects in Tibet if 

13 such projects do not provide incentives for the migra14 tion and settlement of non-Tibetans into Tibet or fa15 cilitate the transfer of ownership of Tibetan land and 

16 natural resources to non-Tibetans, are based on a 

17 thorough needs-assessment, foster self-sufficiency of the 

18 Tibetan people and respect Tibetan culture and tradi19 tions, and are subject to effective monitoring. 

20 (2) PROGRAMS FOR TIBETAN COMMUNITIES.— 

21 (A) Notwithstanding any other provision of 

22 law, funds appropriated by this Act under the 

23 heading ‘‘Economic Support Fund’’ shall be 

24 made available to nongovernmental organiza25 tions to support activities which preserve cul-
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1 tural traditions and promote sustainable devel2 opment, education, and environmental conserva3 tion in Tibetan communities in the Tibetan Au4 tonomous Region and in other Tibetan commu5 nities in China. 

6 (B) Funds appropriated by this Act under 

7 the heading ‘‘Economic Support Fund’’ shall be 

8 made available for programs to promote and 

9 preserve Tibetan culture, development, and the 

10 resilience of Tibetan communities in India and 

11 Nepal, and to assist in the education and devel12 opment of the next generation of Tibetan leaders 

13 from such communities: Provided, That such 

14 funds are in addition to amounts made available 

15 in subparagraph (A) for programs inside Tibet. 

16 (g) VIETNAM.— 

17 (1) DIOXIN REMEDIATION.—Funds appropriated 

18 by this Act under the heading ‘‘Economic Support 

19 Fund’’ shall be made available for remediation of 

20 dioxin contaminated sites in Vietnam and may be 

21 made available for assistance for the Government of 

22 Vietnam, including the military, for such purposes. 

23 (2) HEALTH AND DISABILITY PROGRAMS.— 

24 Funds appropriated by this Act under the heading 

25 ‘‘Development Assistance’’ shall be made available for 
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1 health and disability programs in areas sprayed with 

2 Agent Orange and otherwise contaminated with 

3 dioxin, to assist individuals with severe upper or 

4 lower body mobility impairment and/or cognitive or 

5 developmental disabilities. 

6 SOUTH AND CENTRAL ASIA

7 SEC. 7044. (a) AFGHANISTAN.— 

8 (1) DIPLOMATIC OPERATIONS.— 

9 (A) FACILITIES.—Funds appropriated by 

10 this Act under the headings ‘‘Diplomatic and 

11 Consular Programs’’, ‘‘Embassy Security, Con12 struction, and Maintenance’’, and ‘‘Operating 

13 Expenses’’ that are available for construction 

14 and renovation of United States Government fa15 cilities in Afghanistan may not be made avail16 able if the purpose is to accommodate Federal 

17 employee positions or to expand aviation facili18 ties or assets above those notified by the Depart19 ment of State and the United States Agency for 

20 International Development (USAID) to the Com21 mittees on Appropriations, or contractors in ad22 dition to those in place on the date of enactment 

23 of this Act: Provided, That the limitations in 

24 this paragraph shall not apply if funds are nec25 essary to implement plans for accommodating 
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1 other United States Government agencies under 

2 Chief of Mission authority per section 3927 of 

3 title 22, United States Code, or to protect such 

4 facilities or the security, health, and welfare of 

5 United States Government personnel. 

6 (B) PERSONNEL REPORT.—Not later than 

7 30 days after enactment of this Act and every 

8 120 days thereafter until September 30, 2016, 

9 the Secretary of State shall submit a report, in 

10 classified form if necessary, to the appropriate 

11 congressional committees detailing by agency the 

12 number of personnel present in Afghanistan 

13 under Chief of Mission authority per section 

14 3927 of title 22, United States Code, at the end 

15 of the 120 day period preceding the submission 

16 of such report: Provided, That such report shall 

17 also include the number of locally employed staff 

18 and contractors supporting United States Em19 bassy operations in Afghanistan during the re20 porting period. 

21 (2) ASSISTANCE AND CONDITIONS.— 

22 (A) FUNDING AND LIMITATIONS.—Funds 

23 appropriated by this Act under the headings 

24 ‘‘Economic Support Fund’’ and ‘‘International 

25 Narcotics Control and Law Enforcement’’ may 
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1 be made available for assistance for Afghanistan: 

2 Provided, That such funds may not be obligated 

3 for any project or activity that— 

4 (i) includes the participation of any 

5 Afghan individual or organization that the 

6 Secretary of State determines to be involved 

7 in corrupt practices or a violation of 

8 human rights; 

9 (ii) cannot be sustained, as appro10 priate, by the Government of Afghanistan or 

11 another Afghan entity; 

12 (iii) is inaccessible for the purposes of 

13 conducting regular oversight in accordance 

14 with applicable Federal statutes and regula15 tions; or 

16 (iv) initiates any new, major infra17 structure development. 

18 (B) CERTIFICATION AND REPORT.—Prior to 

19 the initial obligation of funds made available by 

20 this Act under the headings ‘‘Economic Support 

21 Fund’’ and ‘‘International Narcotics Control and 

22 Law Enforcement’’ for assistance for the central 

23 Government of Afghanistan, the Secretary of 

24 State shall certify and report to the Committees 
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1 on Appropriations, after consultation with the 

2 Government of Afghanistan, that— 

3 (i) goals and benchmarks for the spe4 cific uses of such funds have been established 

5 by the Governments of the United States 

6 and Afghanistan; 

7 (ii) conditions are in place that in8 crease the transparency and accountability 

9 of the Government of Afghanistan for funds 

10 obligated under the New Development Part11 nership; 

12 (iii) the Government of Afghanistan is 

13 continuing to implement laws and policies 

14 to govern democratically and protect the 

15 rights of individuals and civil society, in16 cluding taking consistent steps to protect 

17 and advance the rights of women and girls 

18 in Afghanistan; 

19 (iv) the Government of Afghanistan is 

20 reducing corruption and prosecuting indi21 viduals alleged to be involved in illegal ac22 tivities in Afghanistan; 

23 (v) monitoring and oversight frame24 works for programs implemented with such 

25 funds are in accordance with all applicable 
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1 audit policies of the Department of State 

2 and USAID; 

3 (vi) the necessary policies and proce4 dures are in place to ensure Government of 

5 Afghanistan compliance with section 7013 

6 of this Act; and 

7 (vii) the Government of Afghanistan 

8 has established processes for the public re9 porting of its national budget, including 

10 revenues and expenditures. 

11 (C) WAIVER.—The Secretary of State, after 

12 consultation with the Secretary of Defense, may 

13 waive the certification requirement of subpara14 graph (B) if the Secretary determines that to do 

15 so is important to the national security interest 

16 of the United States and the Secretary submits 

17 a report to the Committees on Appropriations, 

18 in classified form if necessary, on the justifica19 tion for the waiver and the reasons why any 

20 part of the certification requirement of subpara21 graph (B) has not been met. 

22 (D) PROGRAMS.—Funds appropriated by 

23 this Act that are made available for assistance 

24 for Afghanistan shall be made available in the 

25 following manner— 
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1 (i) not less than $50,000,000 shall be 

2 made available for rule of law programs, 

3 the decisions for which shall be the responsi4 bility of the Chief of Mission, in consulta5 tion with other appropriate United States 

6 Government officials in Afghanistan; 

7 (ii) for programs that protect the 

8 rights of women and girls and promote the 

9 political and economic empowerment of 

10 women, including their meaningful inclu11 sion in political processes: Provided, That 

12 such assistance to promote economic em13 powerment of women shall be made avail14 able as grants to Afghan and international 

15 organizations, to the maximum extent prac16 ticable; 

17 (iii) for programs in South and Cen18 tral Asia to expand linkages between Af19 ghanistan and countries in the region, sub20 ject to the regular notification procedures of 

21 the Committees on Appropriations; and 

22 (iv) to assist the Government of Af23 ghanistan to increase revenue collection and 

24 expenditure. 
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1 (3) GOALS AND BENCHMARKS.—Not later than 

2 90 days after enactment of this Act, the Secretary of 

3 State shall submit to the appropriate congressional 

4 committees a report describing the goals and bench5 marks required in clause (2)(B)(i): Provided, That 

6 not later than 6 months after the submission of such 

7 report and every 6 months thereafter until September 

8 30, 2017, the Secretary of State shall submit a report 

9 to such committees on the status of achieving such 

10 goals and benchmarks: Provided further, That the 

11 Secretary of State should suspend assistance for the 

12 Government of Afghanistan if any report required by 

13 this paragraph indicates that such government is fail14 ing to make measurable progress in meeting such 

15 goals and benchmarks. 

16 (4) AUTHORITIES.— 

17 (A) Funds appropriated by this Act under 

18 title III through VI that are made available for 

19 assistance for Afghanistan may be made avail20 able— 

21 (i) notwithstanding section 7012 of 

22 this Act or any similar provision of law 

23 and section 660 of the Foreign Assistance 

24 Act of 1961; 
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1 (ii) for reconciliation programs and 

2 disarmament, demobilization, and re3 integration activities for former combatants 

4 who have renounced violence against the 

5 Government of Afghanistan, in accordance 

6 with section 7046(a)(2)(B)(ii) of the De7 partment of State, Foreign Operations, and 

8 Related Programs Appropriations Act, 2012 

9 (division I of Public Law 112–74); and 

10 (iii) for an endowment to empower 

11 women and girls. 

12 (B) Section 7046(a)(2)(A) of division I of 

13 Public Law 112–74 shall apply to funds appro14 priated by this Act for assistance for Afghani15 stan. 

16 (C) Section 1102(c) of the Supplemental 

17 Appropriations Act, 2009 (title XI of Public 

18 Law 111–32) shall continue in effect during fis19 cal year 2016 as if part of this Act. 

20 (5) BASING RIGHTS AGREEMENT.—None of the 

21 funds made available by this Act may be used by the 

22 United States Government to enter into a permanent 

23 basing rights agreement between the United States 

24 and Afghanistan. 
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1 (b) BANGLADESH.—Funds appropriated by this Act 

2 under the heading ‘‘Development Assistance’’ that are made 

3 available for assistance for Bangladesh shall be made avail4 able for programs to protect due process of law, and to im5 prove labor conditions by strengthening the capacity of 

6 independent workers’ organizations in Bangladesh’s ready7 made garment, shrimp, and fish export sectors. 

8 (c) NEPAL.— 

9 (1) BILATERAL ECONOMIC ASSISTANCE.—Funds 

10 appropriated by this Act shall be made available for 

11 assistance for Nepal for earthquake recovery and re12 construction programs: Provided, That such amounts 

13 shall be in addition to funds made available by this 

14 Act for development and democracy programs in 

15 Nepal: Provided further, That funds made available 

16 for earthquake recovery and reconstruction programs 

17 should— 

18 (A) target affected communities on an equi19 table basis; and 

20 (B) include sufficient oversight mechanisms, 

21 to include the participation of civil society orga22 nizations. 

23 (2) FOREIGN MILITARY FINANCING PROGRAM.— 

24 Funds appropriated by this Act under the heading 

25 ‘‘Foreign Military Financing Program’’ shall only be 
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1 made available for humanitarian and disaster relief 

2 and reconstruction activities in Nepal, and in sup3 port of international peacekeeping operations: Pro4 vided, That such funds may only be made available 

5 for any additional uses if the Secretary of State cer6 tifies and reports to the Committees on Appropria7 tions that the Government of Nepal is investigating 

8 and prosecuting violations of human rights and the 

9 law of war, and the Nepal Army is cooperating fully 

10 with civilian judicial authorities on such efforts. 

11 (d) PAKISTAN.— 

12 (1) CERTIFICATION REQUIREMENT.—None of the 

13 funds appropriated or otherwise made available by 

14 this Act under the headings ‘‘Economic Support 

15 Fund’’, ‘‘International Narcotics Control and Law 

16 Enforcement’’, and ‘‘Foreign Military Financing Pro17 gram’’ for assistance for the Government of Pakistan 

18 may be made available unless the Secretary of State 

19 certifies and reports to the Committees on Appropria20 tions that the Government of Pakistan is— 

21 (A) cooperating with the United States in 

22 counterterrorism efforts against the Haqqani 

23 Network, the Quetta Shura Taliban, Lashkar e24 Tayyiba, Jaish-e-Mohammed, Al-Qaeda, and 

25 other domestic and foreign terrorist organiza-
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1 tions, including taking effective steps to end sup2 port for such groups and prevent them from bas3 ing and operating in Pakistan and carrying out 

4 cross border attacks into neighboring countries; 

5 (B) not supporting terrorist activities 

6 against United States or coalition forces in Af7 ghanistan, and Pakistan’s military and intel8 ligence agencies are not intervening extra-judi9 cially into political and judicial processes in 

10 Pakistan; 

11 (C) dismantling improvised explosive device 

12 (IED) networks and interdicting precursor 

13 chemicals used in the manufacture of IEDs; 

14 (D) preventing the proliferation of nuclear15 related material and expertise; 

16 (E) issuing visas in a timely manner for 

17 United States visitors engaged in counterter18 rorism efforts and assistance programs in Paki19 stan; and 

20 (F) providing humanitarian organizations 

21 access to detainees, internally displaced persons, 

22 and other Pakistani civilians affected by the con23 flict. 

24 (2) WAIVER.—The Secretary of State, after con25 sultation with the Secretary of Defense, may waive 
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1 the certification requirement of paragraph (1) if the 

2 Secretary of State determines that to do so is impor3 tant to the national security interest of the United 

4 States and the Secretary submits a report to the Com5 mittees on Appropriations, in classified form if nec6 essary, on the justification for the waiver and the rea7 sons why any part of the certification requirement of 

8 paragraph (1) has not been met. 

9 (3) ASSISTANCE.— 

10 (A) Funds appropriated by this Act under 

11 the heading ‘‘Foreign Military Financing Pro12 gram’’ for assistance for Pakistan may be made 

13 available only to support counterterrorism and 

14 counterinsurgency capabilities in Pakistan. 

15 (B) Funds appropriated by this Act under 

16 the headings ‘‘Economic Support Fund’’ and 

17 ‘‘Nonproliferation, Anti-terrorism, Demining 

18 and Related Programs’’ that are available for as19 sistance for Pakistan shall be made available to 

20 interdict precursor materials from Pakistan to 

21 Afghanistan that are used to manufacture IEDs, 

22 including calcium ammonium nitrate; to sup23 port programs to train border and customs offi24 cials in Pakistan and Afghanistan; and for agri-
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1 cultural extension programs that encourage al2 ternative fertilizer use among Pakistani farmers. 

3 (C) Funds appropriated by this Act under 

4 the heading ‘‘Economic Support Fund’’ that are 

5 made available for assistance for infrastructure 

6 projects in Pakistan shall be implemented in a 

7 manner consistent with section 507(6) of the 

8 Trade Act of 1974 (19 U.S.C. 2467(6)). 

9 (D) Funds appropriated by this Act under 

10 titles III and IV for assistance for Pakistan may 

11 be made available notwithstanding any other 

12 provision of law, except for this subsection and 

13 section 620M of the Foreign Assistance Act of 

14 1961. 

15 (E) Of the funds appropriated under title 

16 III of this Act that are made available for assist17 ance for Pakistan, $33,000,000 shall be withheld 

18 from obligation until the Secretary of State re19 ports to the Committees on Appropriations that 

20 Dr. Shakil Afridi has been released from prison 

21 and cleared of all charges relating to the assist22 ance provided to the United States in locating 

23 Osama bin Laden. 

24 (4) SCHOLARSHIPS FOR WOMEN.—The authority 

25 and directives of section 7044(d)(4) of the Department 
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1 of State, Foreign Operations, and Related Programs 

2 Appropriations Act, 2015 (division J of Public Law 

3 113–235) shall apply to funds appropriated by this 

4 Act that are made available for assistance for Paki5 stan. 

6 (5) REPORTS.— 

7 (A)(i) The spend plan required by section 

8 7076 of this Act for assistance for Pakistan shall 

9 include achievable and sustainable goals, bench10 marks for measuring progress, and expected re11 sults regarding combating poverty and fur12 thering development in Pakistan, countering ter13 rorism and extremism, and establishing condi14 tions conducive to the rule of law and trans15 parent and accountable governance: Provided, 

16 That such benchmarks may incorporate those re17 quired in title III of the Enhanced Partnership 

18 with Pakistan Act of 2009 (22 U.S.C. 8441 et 

19 seq.), as appropriate: Provided further, That not 

20 later than 6 months after submission of such 

21 spend plan, and each 6 months thereafter until 

22 September 30, 2017, the Secretary of State shall 

23 submit a report to the Committees on Appro24 priations on the status of achieving the goals and 

25 benchmarks in such plan. 
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1 (ii) The Secretary of State should suspend 

2 assistance for the Government of Pakistan if any 

3 report required by clause (i) indicates that Paki4 stan is failing to make measurable progress in 

5 meeting such goals or benchmarks. 

6 (B) Not later than 90 days after enactment 

7 of this Act, the Secretary of State shall submit 

8 a report to the Committees on Appropriations 

9 detailing the costs and objectives associated with 

10 significant infrastructure projects supported by 

11 the United States in Pakistan, and an assess12 ment of the extent to which such projects achieve 

13 such objectives. 

14 (6) OVERSIGHT.—The Secretary of State shall 

15 take all practicable steps to ensure that mechanisms 

16 are in place for monitoring, oversight, and control of 

17 funds made available by this subsection for assistance 

18 for Pakistan. 

19 (e) SRI LANKA.— 

20 (1) BILATERAL ECONOMIC ASSISTANCE.—Funds 

21 appropriated by this Act under the heading ‘‘Eco22 nomic Support Fund’’ shall be made available for as23 sistance for Sri Lanka for democracy and economic 

24 development programs, particularly in areas recov25 ering from ethnic and religious conflict: Provided, 
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1 That such funds shall be made available for programs 

2 to assist in the identification and resolution of cases 

3 of missing persons. 

4 (2) CERTIFICATION.—Funds appropriated by 

5 this Act for assistance for the central Government of 

6 Sri Lanka may be made available only if the Sec7 retary of State certifies and reports to the Committees 

8 on Appropriations that the Government of Sri Lanka 

9 is continuing to— 

10 (A) address the underlying causes of conflict 

11 in Sri Lanka; and 

12 (B) increase accountability and trans13 parency in governance. 

14 (3) INTERNATIONAL SECURITY ASSISTANCE.— 

15 Funds appropriated under title IV of this Act that 

16 are available for assistance for Sri Lanka shall be 

17 subject to the following conditions— 

18 (A) funds under the heading ‘‘Foreign Mili19 tary Financing Program’’ may only be made 

20 available for programs to redeploy, restructure, 

21 and reduce the size of the Sri Lankan armed 

22 forces and shall not exceed $400,000; 

23 (B) funds under the heading ‘‘International 

24 Military Education and Training’’ may only be 

25 made available for training related to inter-
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1 national peacekeeping operations and Expanded 

2 International Military Education and Training; 

3 and 

4 (C) funds under the heading ‘‘Peacekeeping 

5 Operations’’ may only be made available for 

6 training related to international peacekeeping 

7 operations. 

8 (f) REGIONAL PROGRAMS.— 

9 (1) Funds appropriated by this Act under the 

10 heading ‘‘Economic Support Fund’’ for assistance for 

11 Afghanistan and Pakistan may be provided, notwith12 standing any other provision of law that restricts as13 sistance to foreign countries, for cross border sta14 bilization and development programs between Afghan15 istan and Pakistan, or between either country and the 

16 Central Asian countries. 

17 (2) Funds appropriated by this Act under the 

18 headings ‘‘Economic Support Fund’’, ‘‘International 

19 Narcotics Control and Law Enforcement’’, and ‘‘As20 sistance for Europe, Eurasia and Central Asia’’ that 

21 are available for assistance for countries in South 

22 and Central Asia shall be made available to enhance 

23 the recruitment, retention, and professionalism of 

24 women in the judiciary, police, and other security 

25 forces. 
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1 WESTERN HEMISPHERE

2 SEC. 7045. (a) UNITED STATES ENGAGEMENT IN CEN3 TRAL AMERICA.— 

4 (1) FUNDING.—Subject to the requirements of 

5 this subsection, of the funds appropriated under titles 

6 III and IV of this Act, up to $750,000,000 may be 

7 made available for assistance for countries in Central 

8 America to implement the United States Strategy for 

9 Engagement in Central America (the Strategy) in 

10 support of the Plan of the Alliance for Prosperity in 

11 the Northern Triangle of Central America (the Plan): 

12 Provided, That the Secretary of State and Adminis13 trator of the United States Agency for International 

14 Development (USAID) shall prioritize such assistance 

15 to address the key factors in such countries contrib16 uting to the migration of unaccompanied, undocu17 mented minors to the United States: Provided further, 

18 That such funds shall be made available to the max19 imum extent practicable on a cost-matching basis. 

20 (2) PRE-OBLIGATION REQUIREMENTS.—Prior to 

21 the obligation of funds made available pursuant to 

22 paragraph (1), the Secretary of State shall submit to 

23 the Committees on Appropriations a multi-year spend 

24 plan specifying the proposed uses of such funds in 

25 each country and the objectives, indicators to measure 
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1 progress, and a timeline to implement the Strategy, 

2 and the amounts made available from prior Acts 

3 making appropriations for the Department of State, 

4 foreign operations, and related programs to support 

5 such Strategy: Provided, That such spend plan shall 

6 also include a description of how such assistance will 

7 differ from, complement, and leverage funds allocated 

8 by each government and other donors, including 

9 international financial institutions. 

10 (3) ASSISTANCE FOR THE CENTRAL GOVERN11 MENTS OF EL SALVADOR, GUATEMALA, AND HON12 DURAS.—Of the funds made available pursuant to 

13 paragraph (1) that are available for assistance for 

14 each of the central governments of El Salvador, Gua15 temala, and Honduras, the following amounts shall be 

16 withheld from obligation and may only be made 

17 available as follows: 

18 (A) 25 percent may only be obligated after 

19 the Secretary of State certifies and reports to the 

20 appropriate congressional committees that such 

21 government is taking effective steps to— 

22 (i) inform its citizens of the dangers of 

23 the journey to the southwest border of the 

24 United States; 
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1 (ii) combat human smuggling and 

2 trafficking; 

3 (iii) improve border security; and 

4 (iv) cooperate with United States Gov5 ernment agencies and other governments in 

6 the region to facilitate the return, repatri7 ation, and reintegration of illegal migrants 

8 arriving at the southwest border of the 

9 United States who do not qualify as refu10 gees, consistent with international law. 

11 (B) An additional 50 percent may only be 

12 obligated after the Secretary of State certifies 

13 and reports to the appropriate congressional 

14 committees that such government is taking effec15 tive steps to— 

16 (i) establish an autonomous, publicly 

17 accountable entity to provide oversight of 

18 the Plan; 

19 (ii) combat corruption, including in20 vestigating and prosecuting government of21 ficials credibly alleged to be corrupt; 

22 (iii) implement reforms, policies, and 

23 programs to improve transparency and 

24 strengthen public institutions, including in25 creasing the capacity and independence of 
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1 the judiciary and the Office of the Attorney 

2 General; 

3 (iv) establish and implement a policy 

4 that local communities, civil society organi5 zations (including indigenous and other 

6 marginalized groups), and local govern7 ments are consulted in the design, and par8 ticipate in the implementation and evalua9 tion of, activities of the Plan that affect 

10 such communities, organizations, and gov11 ernments; 

12 (v) counter the activities of criminal 

13 gangs, drug traffickers, and organized 

14 crime; 

15 (vi) investigate and prosecute in the ci16 vilian justice system members of military 

17 and police forces who are credibly alleged to 

18 have violated human rights, and ensure that 

19 the military and police are cooperating in 

20 such cases; 

21 (vii) cooperate with commissions 

22 against impunity, as appropriate, and with 

23 regional human rights entities; 

24 (viii) support programs to reduce pov25 erty, create jobs, and promote equitable eco-
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1 nomic growth in areas contributing to large 

2 numbers of migrants; 

3 (ix) establish and implement a plan to 

4 create a professional, accountable civilian 

5 police force and curtail the role of the mili6 tary in internal policing; 

7 (x) protect the right of political opposi8 tion parties, journalists, trade unionists, 

9 human rights defenders, and other civil so10 ciety activists to operate without inter11 ference; 

12 (xi) increase government revenues, in13 cluding by implementing tax reforms and 

14 strengthening customs agencies; and 

15 (xii) resolve commercial disputes, in16 cluding the confiscation of real property, be17 tween United States entities and such gov18 ernment. 

19 (4) SUSPENSION OF ASSISTANCE AND PERIODIC

20 REVIEW.— 

21 (A) The Secretary of State shall periodi22 cally review the progress of each of the central 

23 governments of El Salvador, Guatemala, and 

24 Honduras in meeting the requirements of para25 graphs (3)(A) and (3)(B) and shall, not later 
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1 than September 30, 2016, submit to the appro2 priate congressional committees a report assess3 ing such progress: Provided, That if the Sec4 retary determines that sufficient progress has not 

5 been made by a central government, the Sec6 retary shall suspend, in whole or in part, assist7 ance for such government for programs sup8 porting such requirement, and shall notify such 

9 committees in writing of such action: Provided 

10 further, That the Secretary may resume funding 

11 for such programs only after the Secretary cer12 tifies to such committees that corrective measures 

13 have been taken. 

14 (B) The Secretary of State shall, following 

15 a change of national government in El Salvador, 

16 Guatemala, or Honduras, determine and report 

17 to the appropriate congressional committees that 

18 any new government has committed to take the 

19 steps to meet the requirements of paragraphs 

20 (3)(A) and (3)(B): Provided, That if the Sec21 retary is unable to make such a determination 

22 in a timely manner, assistance made available 

23 under this subsection for such central government 

24 shall be suspended, in whole or in part, until 
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1 such time as such determination and report can 

2 be made. 

3 (5) PROGRAMS AND TRANSFER OF FUNDS.— 

4 (A) Funds appropriated by this Act for the 

5 Central America Regional Security Initiative 

6 may be made available, after consultation with, 

7 and subject to the regular notification procedures 

8 of, the Committees on Appropriations, to support 

9 international commissions against impunity in 

10 Honduras and El Salvador, if such commissions 

11 are established. 

12 (B) The Department of State and USAID 

13 may, following consultation with the Committees 

14 on Appropriations, transfer funds made avail15 able by this Act under the heading ‘‘Development 

16 Assistance’’ to the Inter-American Development 

17 Bank and the Inter-American Foundation for 

18 technical assistance in support of the Strategy. 

19 (b) COLOMBIA.— 

20 (1) ASSISTANCE.—Funds appropriated by this 

21 Act and made available to the Department of State 

22 for assistance for the Government of Colombia may be 

23 used to support a unified campaign against narcotics 

24 trafficking, organizations designated as Foreign Ter25 rorist Organizations, and other criminal or illegal 
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1 armed groups, and to take actions to protect human 

2 health and welfare in emergency circumstances, in3 cluding undertaking rescue operations: Provided, 

4 That the first through fifth provisos of paragraph (1), 

5 and paragraph (3) of section 7045(a) of the Depart6 ment of State, Foreign Operations, and Related Pro7 grams Appropriations Act, 2012 (division I of Public 

8 Law 112–74) shall continue in effect during fiscal 

9 year 2016 and shall apply to funds appropriated by 

10 this Act and made available for assistance for Colom11 bia as if included in this Act: Provided further, That 

12 of the funds appropriated by this Act under the head13 ing ‘‘Economic Support Fund’’, not less than 

14 $133,000,000 shall be made available for assistance 

15 for Colombia, of which not less than $126,000,000 

16 shall be apportioned directly to the United States 

17 Agency for International Development, and 

18 $7,000,000 shall be transferred to, and merged with, 

19 funds appropriated by this Act under the heading 

20 ‘‘Migration and Refugee Assistance’’ for assistance for 

21 Colombian refugees in neighboring countries. 

22 (2)(A) Of the funds appropriated by this Act 

23 under the heading ‘‘Foreign Military Financing Pro24 gram’’ for assistance for Colombia, 19 percent may be 

25 obligated only in accordance with the conditions 
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1 under section 7045 in the explanatory statement de2 scribed in section 4 (in the matter preceding division 

3 A of this Consolidated Act). 

4 (B) The limitations of this paragraph shall not 

5 apply to funds made available under such heading for 

6 aviation instruction and maintenance, and maritime 

7 security programs. 

8 (3) NOTIFICATION.—Funds appropriated by this 

9 Act that are made available for assistance for Colom10 bia to support the implementation of a peace agree11 ment shall be subject to prior consultation with, and 

12 the regular notification procedures of, the Committees 

13 on Appropriations. 

14 (c) HAITI.— 

15 (1) FUNDING.—Of the funds appropriated by 

16 this Act, not more than $191,413,000 may be made 

17 available for assistance for Haiti. 

18 (2) GOVERNANCE CERTIFICATION.—Funds made 

19 available in paragraph (1) may not be made avail20 able for assistance for the central Government of 

21 Haiti unless the Secretary of State certifies and re22 ports to the Committees on Appropriations that the 

23 Government of Haiti is taking effective steps to— 

24 (A) hold free and fair parliamentary elec25 tions and seat a new Haitian Parliament; 
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1 (B) strengthen the rule of law in Haiti, in2 cluding by selecting judges in a transparent 

3 manner; respect the independence of the judici4 ary; and improve governance by implementing 

5 reforms to increase transparency and account6 ability; 

7 (C) combat corruption, including by imple8 menting the anti-corruption law enacted in 2014 

9 and prosecuting corrupt officials; and 

10 (D) increase government revenues, including 

11 by implementing tax reforms, and increase ex12 penditures on public services. 

13 (3) HAITIAN COAST GUARD.—The Government of 

14 Haiti shall be eligible to purchase defense articles and 

15 services under the Arms Export Control Act (22 

16 U.S.C. 2751 et seq.) for the Coast Guard. 

17 (d) AIRCRAFT OPERATIONS AND MAINTENANCE.—To 

18 the maximum extent practicable, the costs of operations and 

19 maintenance, including fuel, of aircraft funded by this Act 

20 should be borne by the recipient country. 

21 PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

22 SEC. 7046. None of the funds appropriated or made 

23 available pursuant to titles III through VI of this Act for 

24 carrying out the Foreign Assistance Act of 1961, may be 

25 used to pay in whole or in part any assessments, arrear-
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1 ages, or dues of any member of the United Nations or, from 

2 funds appropriated by this Act to carry out chapter 1 of 

3 part I of the Foreign Assistance Act of 1961, the costs for 

4 participation of another country’s delegation at inter5 national conferences held under the auspices of multilateral 

6 or international organizations. 

7 WAR CRIMES TRIBUNALS

8 SEC. 7047. If the President determines that doing so 

9 will contribute to a just resolution of charges regarding 

10 genocide or other violations of international humanitarian 

11 law, the President may direct a drawdown pursuant to sec12 tion 552(c) of the Foreign Assistance Act of 1961 of up to 

13 $30,000,000 of commodities and services for the United Na14 tions War Crimes Tribunal established with regard to the 

15 former Yugoslavia by the United Nations Security Council 

16 or such other tribunals or commissions as the Council may 

17 establish or authorize to deal with such violations, without 

18 regard to the ceiling limitation contained in paragraph (2) 

19 thereof: Provided, That the determination required under 

20 this section shall be in lieu of any determinations otherwise 

21 required under section 552(c): Provided further, That funds 

22 made available pursuant to this section shall be made avail23 able subject to the regular notification procedures of the 

24 Committees on Appropriations. 
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1 UNITED NATIONS

2 SEC. 7048. (a) TRANSPARENCY AND ACCOUNT3 ABILITY.— 

4 (1) Of the funds appropriated under title I and 

5 under the heading ‘‘International Organizations and 

6 Programs’’ in title V of this Act that are available for 

7 contributions to the United Nations (including the 

8 Department of Peacekeeping Operations), any United 

9 Nations agency, or the Organization of American 

10 States, 15 percent may not be obligated for such orga11 nization, department, or agency until the Secretary of 

12 State reports to the Committees on Appropriations 

13 that the organization, department, or agency is— 

14 (A) posting on a publicly available Web 

15 site, consistent with privacy regulations and due 

16 process, regular financial and programmatic au17 dits of such organization, department, or agency, 

18 and providing the United States Government 

19 with necessary access to such financial and per20 formance audits; and 

21 (B) effectively implementing and enforcing 

22 policies and procedures which reflect best prac23 tices for the protection of whistleblowers from re24 taliation, including best practices for— 
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1 (i) protection against retaliation for 

2 internal and lawful public disclosures; 

3 (ii) legal burdens of proof; 

4 (iii) statutes of limitation for reporting 

5 retaliation; 

6 (iv) access to independent adjudicative 

7 bodies, including external arbitration; and 

8 (v) results that eliminate the effects of 

9 proven retaliation. 

10 (2) The restrictions imposed by or pursuant to 

11 paragraph (1) may be waived on a case-by-case basis 

12 if the Secretary of State determines and reports to the 

13 Committees on Appropriations that such waiver is 

14 necessary to avert or respond to a humanitarian cri15 sis. 

16 (b) RESTRICTIONS ON UNITED NATIONS DELEGATIONS

17 AND ORGANIZATIONS.— 

18 (1) None of the funds made available under title 

19 I of this Act may be used to pay expenses for any 

20 United States delegation to any specialized agency, 

21 body, or commission of the United Nations if such 

22 agency, body, or commission is chaired or presided 

23 over by a country, the government of which the Sec24 retary of State has determined, for purposes of section 

25 6(j)(1) of the Export Administration Act of 1979 as 
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1 continued in effect pursuant to the International 

2 Emergency Economic Powers Act (50 U.S.C. App. 

3 2405(j)(1)), supports international terrorism. 

4 (2) None of the funds made available under title 

5 I of this Act may be used by the Secretary of State 

6 as a contribution to any organization, agency, com7 mission, or program within the United Nations sys8 tem if such organization, agency, commission, or pro9 gram is chaired or presided over by a country the 

10 government of which the Secretary of State has deter11 mined, for purposes of section 620A of the Foreign 

12 Assistance Act of 1961, section 40 of the Arms Export 

13 Control Act, section 6(j)(1) of the Export Administra14 tion Act of 1979, or any other provision of law, is a 

15 government that has repeatedly provided support for 

16 acts of international terrorism. 

17 (3) The Secretary of State may waive the restric18 tion in this subsection if the Secretary reports to the 

19 Committees on Appropriations that to do so is in the 

20 national interest of the United States. 

21 (c) UNITED NATIONS HUMAN RIGHTS COUNCIL.— 

22 None of the funds appropriated by this Act may be made 

23 available in support of the United Nations Human Rights 

24 Council unless the Secretary of State determines and re25 ports to the Committees on Appropriations that participa-
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1 tion in the Council is important to the national interest 

2 of the United States and that the Council is taking steps 

3 to remove Israel as a permanent agenda item: Provided, 

4 That such report shall include a description of the national 

5 interest served and the steps taken to remove Israel as a 

6 permanent agenda item: Provided further, That the Sec7 retary of State shall report to the Committees on Appro8 priations not later than September 30, 2016, on the resolu9 tions considered in the United Nations Human Rights 

10 Council during the previous 12 months, and on steps taken 

11 to remove Israel as a permanent agenda item. 

12 (d) UNITED NATIONS RELIEF AND WORKS AGENCY.— 

13 Not later than 45 days after enactment of this Act, the Sec14 retary of State shall submit a report in writing to the Com15 mittees on Appropriations on whether the United Nations 

16 Relief and Works Agency (UNRWA) is— 

17 (1) utilizing Operations Support Officers in the 

18 West Bank, Gaza, and other fields of operation to in19 spect UNRWA installations and reporting any inap20 propriate use; 

21 (2) acting promptly to address any staff or bene22 ficiary violation of its own policies (including the 

23 policies on neutrality and impartiality of employees) 

24 and the legal requirements under section 301(c) of the 

25 Foreign Assistance Act of 1961; 
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1 (3) implementing procedures to maintain the 

2 neutrality of its facilities, including implementing a 

3 no-weapons policy, and conducting regular inspec4 tions of its installations, to ensure they are only used 

5 for humanitarian or other appropriate purposes; 

6 (4) taking necessary and appropriate measures 

7 to ensure it is operating in compliance with the con8 ditions of section 301(c) of the Foreign Assistance Act 

9 of 1961 and continuing regular reporting to the De10 partment of State on actions it has taken to ensure 

11 conformance with such conditions; 

12 (5) taking steps to ensure the content of all edu13 cational materials currently taught in UNRWA-ad14 ministered schools and summer camps is consistent 

15 with the values of human rights, dignity, and toler16 ance and does not induce incitement; 

17 (6) not engaging in operations with financial in18 stitutions or related entities in violation of relevant 

19 United States law, and is taking steps to improve the 

20 financial transparency of the organization; and 

21 (7) in compliance with the United Nations 

22 Board of Auditors’ biennial audit requirements and 

23 is implementing in a timely fashion the Board’s rec24 ommendations. 
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1 (e) UNITED NATIONS CAPITAL MASTER PLAN.—None 

2 of the funds made available in this Act may be used for 

3 the design, renovation, or construction of the United Na4 tions Headquarters in New York. 

5 (f) WITHHOLDING REPORT.—Not later than 45 days 

6 after enactment of this Act, the Secretary of State shall sub7 mit a report to the Committees on Appropriations detailing 

8 the amount of funds available for obligation or expenditure 

9 in fiscal year 2016 for contributions to any organization, 

10 department, agency, or program within the United Nations 

11 system or any international program that are withheld 

12 from obligation or expenditure due to any provision of law: 

13 Provided, That the Secretary of State shall update such re14 port each time additional funds are withheld by operation 

15 of any provision of law: Provided further, That the re16 programming of any withheld funds identified in such re17 port, including updates thereof, shall be subject to prior con18 sultation with, and the regular notification procedures of, 

19 the Committees on Appropriations. 

20 COMMUNITY-BASED POLICE ASSISTANCE

21 SEC. 7049. (a) AUTHORITY.—Funds made available by 

22 titles III and IV of this Act to carry out the provisions 

23 of chapter 1 of part I and chapters 4 and 6 of part II of 

24 the Foreign Assistance Act of 1961, may be used, notwith25 standing section 660 of that Act, to enhance the effectiveness 
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1 and accountability of civilian police authority through 

2 training and technical assistance in human rights, the rule 

3 of law, anti-corruption, strategic planning, and through as4 sistance to foster civilian police roles that support demo5 cratic governance, including assistance for programs to pre6 vent conflict, respond to disasters, address gender-based vio7 lence, and foster improved police relations with the commu8 nities they serve. 

9 (b) NOTIFICATION.—Assistance provided under sub10 section (a) shall be subject to the regular notification proce11 dures of the Committees on Appropriations. 

12 PROHIBITION ON PROMOTION OF TOBACCO

13 SEC. 7050. None of the funds provided by this Act shall 

14 be available to promote the sale or export of tobacco or to15 bacco products, or to seek the reduction or removal by any 

16 foreign country of restrictions on the marketing of tobacco 

17 or tobacco products, except for restrictions which are not 

18 applied equally to all tobacco or tobacco products of the 

19 same type. 

20 INTERNATIONAL CONFERENCES

21 SEC. 7051. None of the funds made available in this 

22 Act may be used to send or otherwise pay for the attendance 

23 of more than 50 employees of agencies or departments of 

24 the United States Government who are stationed in the 

25 United States, at any single international conference occur-
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1 ring outside the United States, unless the Secretary of State 

2 reports to the Committees on Appropriations at least 5 days 

3 in advance that such attendance is important to the na4 tional interest: Provided, That for purposes of this section 

5 the term ‘‘international conference’’ shall mean a conference 

6 attended by representatives of the United States Govern7 ment and of foreign governments, international organiza8 tions, or nongovernmental organizations. 

9 AIRCRAFT TRANSFER AND COORDINATION

10 SEC. 7052. (a) TRANSFER AUTHORITY.—Notwith11 standing any other provision of law or regulation, aircraft 

12 procured with funds appropriated by this Act and prior 

13 Acts making appropriations for the Department of State, 

14 foreign operations, and related programs under the head15 ings ‘‘Diplomatic and Consular Programs’’, ‘‘International 

16 Narcotics Control and Law Enforcement’’, ‘‘Andean 

17 Counterdrug Initiative’’, and ‘‘Andean Counterdrug Pro18 grams’’ may be used for any other program and in any 

19 region, including for the transportation of active and stand20 by Civilian Response Corps personnel and equipment dur21 ing a deployment: Provided, That the responsibility for pol22 icy decisions and justification for the use of such transfer 

23 authority shall be the responsibility of the Secretary of 

24 State and the Deputy Secretary of State and this responsi25 bility shall not be delegated. 
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1 (b) PROPERTY DISPOSAL.—The authority provided in 

2 subsection (a) shall apply only after the Secretary of State 

3 determines and reports to the Committees on Appropria4 tions that the equipment is no longer required to meet pro5 grammatic purposes in the designated country or region: 

6 Provided, That any such transfer shall be subject to prior 

7 consultation with, and the regular notification procedures 

8 of, the Committees on Appropriations. 

9 (c) AIRCRAFT COORDINATION.— 

10 (1) The uses of aircraft purchased or leased by 

11 the Department of State and the United States Agen12 cy for International Development (USAID) with 

13 funds made available in this Act or prior Acts mak14 ing appropriations for the Department of State, for15 eign operations, and related programs shall be coordi16 nated under the authority of the appropriate Chief of 

17 Mission: Provided, That such aircraft may be used to 

18 transport, on a reimbursable or non-reimbursable 

19 basis, Federal and non-Federal personnel supporting 

20 Department of State and USAID programs and ac21 tivities: Provided further, That official travel for other 

22 agencies for other purposes may be supported on a re23 imbursable basis, or without reimbursement when 

24 traveling on a space available basis: Provided further, 

25 That funds received by the Department of State for 
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1 the use of aircraft owned, leased, or chartered by the 

2 Department of State may be credited to the Working 

3 Capital Fund of the Department and shall be avail4 able for expenses related to the purchase, lease, main5 tenance, chartering, or operation of such aircraft. 

6 (2) The requirement and authorities of this sub7 section shall only apply to aircraft, the primary pur8 pose of which is the transportation of personnel. 

9 PARKING FINES AND REAL PROPERTY TAXES OWED BY

10 FOREIGN GOVERNMENTS

11 SEC. 7053. The terms and conditions of section 7055 

12 of the Department of State, Foreign Operations, and Re13 lated Programs Appropriations Act, 2011 (division F of 

14 Public Law 111–117) shall apply to this Act: Provided, 

15 That the date ‘‘September 30, 2009’’ in subsection (f)(2)(B) 

16 of such section shall be deemed to be ‘‘September 30, 2015’’. 

17 LANDMINES AND CLUSTER MUNITIONS

18 SEC. 7054. (a) LANDMINES.—Notwithstanding any 

19 other provision of law, demining equipment available to the 

20 United States Agency for International Development and 

21 the Department of State and used in support of the clear22 ance of landmines and unexploded ordnance for humani23 tarian purposes may be disposed of on a grant basis in 

24 foreign countries, subject to such terms and conditions as 

25 the Secretary of State may prescribe. 
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1 (b) CLUSTER MUNITIONS.—No military assistance 

2 shall be furnished for cluster munitions, no defense export 

3 license for cluster munitions may be issued, and no cluster 

4 munitions or cluster munitions technology shall be sold or 

5 transferred, unless— 

6 (1) the submunitions of the cluster munitions, 

7 after arming, do not result in more than 1 percent 

8 unexploded ordnance across the range of intended 

9 operational environments, and the agreement applica10 ble to the assistance, transfer, or sale of such cluster 

11 munitions or cluster munitions technology specifies 

12 that the cluster munitions will only be used against 

13 clearly defined military targets and will not be used 

14 where civilians are known to be present or in areas 

15 normally inhabited by civilians; or 

16 (2) such assistance, license, sale, or transfer is 

17 for the purpose of demilitarizing or permanently dis18 posing of such cluster munitions. 

19 PROHIBITION ON PUBLICITY OR PROPAGANDA

20 SEC. 7055. No part of any appropriation contained 

21 in this Act shall be used for publicity or propaganda pur22 poses within the United States not authorized before the 

23 date of the enactment of this Act by Congress: Provided, 

24 That not to exceed $25,000 may be made available to carry 

25 out the provisions of section 316 of the International Secu-
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1 rity and Development Cooperation Act of 1980 (Public Law 

2 96–533). 

3 CONSULAR IMMUNITY

4 SEC. 7056. The Secretary of State, with the concur5 rence of the Attorney General, may, on the basis of reci6 procity and under such terms and conditions as the Sec7 retary may determine, specify privileges and immunities 

8 for a consular post, the members of a consular post and 

9 their families which result in more favorable or less favor10 able treatment than is provided in the Vienna Convention 

11 on Consular Relations, of April 24, 1963 (T.I.A.S. 6820), 

12 entered into force for the United States December 24, 1969: 

13 Provided, That prior to exercising the authority of this sec14 tion, the Secretary shall consult with the appropriate con15 gressional committees on the circumstances that may war16 rant the need for privileges and immunities providing more 

17 favorable or less favorable treatment specified under such 

18 Convention. 

19 UNITED STATES AGENCY FOR INTERNATIONAL

20 DEVELOPMENT MANAGEMENT

21 SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of the 

22 funds made available in title III of this Act pursuant to 

23 or to carry out the provisions of part I of the Foreign Assist24 ance Act of 1961, including funds appropriated under the 

25 heading ‘‘Assistance for Europe, Eurasia and Central 
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1 Asia’’, may be used by the United States Agency for Inter2 national Development (USAID) to hire and employ indi3 viduals in the United States and overseas on a limited ap4 pointment basis pursuant to the authority of sections 308 

5 and 309 of the Foreign Service Act of 1980. 

6 (b) RESTRICTIONS.— 

7 (1) The number of individuals hired in any fis8 cal year pursuant to the authority contained in sub9 section (a) may not exceed 175. 

10 (2) The authority to hire individuals contained 

11 in subsection (a) shall expire on September 30, 2017. 

12 (c) CONDITIONS.—The authority of subsection (a) 

13 should only be used to the extent that an equivalent number 

14 of positions that are filled by personal services contractors 

15 or other non-direct hire employees of USAID, who are com16 pensated with funds appropriated to carry out part I of 

17 the Foreign Assistance Act of 1961, including funds appro18 priated under the heading ‘‘Assistance for Europe, Eurasia 

19 and Central Asia’’, are eliminated. 

20 (d) PROGRAM ACCOUNT CHARGED.—The account 

21 charged for the cost of an individual hired and employed 

22 under the authority of this section shall be the account to 

23 which the responsibilities of such individual primarily re24 late: Provided, That funds made available to carry out this 

25 section may be transferred to, and merged with, funds ap-
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1 propriated by this Act in title II under the heading ‘‘Oper2 ating Expenses’’. 

3 (e) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi4 viduals hired and employed by USAID, with funds made 

5 available in this Act or prior Acts making appropriations 

6 for the Department of State, foreign operations, and related 

7 programs, pursuant to the authority of section 309 of the 

8 Foreign Service Act of 1980, may be extended for a period 

9 of up to 4 years notwithstanding the limitation set forth 

10 in such section. 

11 (f) DISASTER SURGE CAPACITY.—Funds appropriated 

12 under title III of this Act to carry out part I of the Foreign 

13 Assistance Act of 1961, including funds appropriated under 

14 the heading ‘‘Assistance for Europe, Eurasia and Central 

15 Asia’’, may be used, in addition to funds otherwise avail16 able for such purposes, for the cost (including the support 

17 costs) of individuals detailed to or employed by USAID 

18 whose primary responsibility is to carry out programs in 

19 response to natural disasters, or man-made disasters subject 

20 to the regular notification procedures of the Committees on 

21 Appropriations. 

22 (g) PERSONAL SERVICES CONTRACTORS.—Funds ap23 propriated by this Act to carry out chapter 1 of part I, 

24 chapter 4 of part II, and section 667 of the Foreign Assist25 ance Act of 1961, and title II of the Food for Peace Act 
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1 (Public Law 83–480), may be used by USAID to employ 

2 up to 40 personal services contractors in the United States, 

3 notwithstanding any other provision of law, for the purpose 

4 of providing direct, interim support for new or expanded 

5 overseas programs and activities managed by the agency 

6 until permanent direct hire personnel are hired and 

7 trained: Provided, That not more than 15 of such contrac8 tors shall be assigned to any bureau or office: Provided fur9 ther, That such funds appropriated to carry out title II of 

10 the Food for Peace Act (Public Law 83–480), may be made 

11 available only for personal services contractors assigned to 

12 the Office of Food for Peace. 

13 (h) SMALL BUSINESS.—In entering into multiple 

14 award indefinite-quantity contracts with funds appro15 priated by this Act, USAID may provide an exception to 

16 the fair opportunity process for placing task orders under 

17 such contracts when the order is placed with any category 

18 of small or small disadvantaged business. 

19 (i) SENIOR FOREIGN SERVICE LIMITED APPOINT20 MENTS.—Individuals hired pursuant to the authority pro21 vided by section 7059(o) of the Department of State, For22 eign Operations, and Related Programs Appropriations 

23 Act, 2011 (division F of Public Law 111–117) may be as24 signed to or support programs in Afghanistan or Pakistan 

25 with funds made available in this Act and prior Acts mak-
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1 ing appropriations for the Department of State, foreign op2 erations, and related programs. 

3 GLOBAL HEALTH ACTIVITIES

4 SEC. 7058. (a) IN GENERAL.—Funds appropriated by 

5 titles III and IV of this Act that are made available for 

6 bilateral assistance for child survival activities or disease 

7 programs including activities relating to research on, and 

8 the prevention, treatment and control of, HIV/AIDS may 

9 be made available notwithstanding any other provision of 

10 law except for provisions under the heading ‘‘Global Health 

11 Programs’’ and the United States Leadership Against HIV/ 

12 AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 

13 711; 22 U.S.C. 7601 et seq.), as amended: Provided, That 

14 of the funds appropriated under title III of this Act, not 

15 less than $575,000,000 should be made available for family 

16 planning/reproductive health, including in areas where 

17 population growth threatens biodiversity or endangered spe18 cies. 

19 (b) GLOBAL FUND.—Of the funds appropriated by this 

20 Act that are available for a contribution to the Global Fund 

21 to Fight AIDS, Tuberculosis and Malaria (Global Fund), 

22 10 percent should be withheld from obligation until the Sec23 retary of State determines and reports to the Committees 

24 on Appropriations that the Global Fund is— 
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1 (1) maintaining and implementing a policy of 

2 transparency, including the authority of the Global 

3 Fund Office of the Inspector General (OIG) to publish 

4 OIG reports on a public Web site; 

5 (2) providing sufficient resources to maintain an 

6 independent OIG that— 

7 (A) reports directly to the Board of the 

8 Global Fund; 

9 (B) maintains a mandate to conduct thor10 ough investigations and programmatic audits, 

11 free from undue interference; and 

12 (C) compiles regular, publicly published au13 dits and investigations of financial, pro14 grammatic, and reporting aspects of the Global 

15 Fund, its grantees, recipients, sub-recipients, and 

16 Local Fund Agents; 

17 (3) effectively implementing and enforcing poli18 cies and procedures which reflect best practices for the 

19 protection of whistleblowers from retaliation, includ20 ing best practices for— 

21 (A) protection against retaliation for inter22 nal and lawful public disclosures; 

23 (B) legal burdens of proof; 

24 (C) statutes of limitation for reporting re25 taliation; 
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1 (D) access to independent adjudicative bod2 ies, including external arbitration; and 

3 (E) results that eliminate the effects of prov4 en retaliation; and 

5 (4) implementing the recommendations con6 tained in the Consolidated Transformation Plan ap7 proved by the Board of the Global Fund on November 

8 21, 2011: 

9 Provided, That such withholding shall not be in addition 

10 to funds that are withheld from the Global Fund in fiscal 

11 year 2016 pursuant to the application of any other provi12 sion contained in this or any other Act. 

13 (c) CONTAGIOUS INFECTIOUS DISEASE OUTBREAKS.— 

14 If the Secretary of State determines and reports to the Com15 mittees on Appropriations that an international infectious 

16 disease outbreak is sustained, severe, and is spreading inter17 nationally, or that it is in the national interest to respond 

18 to a Public Health Emergency of International Concern, 

19 funds made available under title III of this Act may be 

20 made available to combat such infectious disease or public 

21 health emergency: Provided, That funds made available 

22 pursuant to the authority of this subsection shall be subject 

23 to prior consultation with, and the regular notification pro24 cedures of, the Committees on Appropriations. 
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1 GENDER EQUALITY

2 SEC. 7059. (a) GENDER EQUALITY.—Funds appro3 priated by this Act shall be made available to promote gen4 der equality in United States Government diplomatic and 

5 development efforts by raising the status, increasing the 

6 participation, and protecting the rights of women and girls 

7 worldwide. 

8 (b) WOMEN’S LEADERSHIP.—Of the funds appro9 priated by title III of this Act, not less than $50,000,000 

10 shall be made available to increase leadership opportunities 

11 for women in countries where women and girls suffer dis12 crimination due to law, policy, or practice, by strength13 ening protections for women’s political status, expanding 

14 women’s participation in political parties and elections, 

15 and increasing women’s opportunities for leadership posi16 tions in the public and private sectors at the local, provin17 cial, and national levels. 

18 (c) GENDER-BASED VIOLENCE.— 

19 (1)(A) Of the funds appropriated by titles III 

20 and IV of this Act, not less than $150,000,000 shall 

21 be made available to implement a multi-year strategy 

22 to prevent and respond to gender-based violence in 

23 countries where it is common in conflict and non-con24 flict settings. 
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1 (B) Funds appropriated by titles III and IV of 

2 this Act that are available to train foreign police, ju3 dicial, and military personnel, including for inter4 national peacekeeping operations, shall address, where 

5 appropriate, prevention and response to gender-based 

6 violence and trafficking in persons, and shall promote 

7 the integration of women into the police and other se8 curity forces. 

9 (2) Department of State and United States 

10 Agency for International Development gender pro11 grams shall incorporate coordinated efforts to combat 

12 a variety of forms of gender-based violence, including 

13 child marriage, rape, female genital cutting and mu14 tilation, and domestic violence, among other forms of 

15 gender-based violence in conflict and non-conflict set16 tings. 

17 (d) WOMEN, PEACE, AND SECURITY.—Funds appro18 priated by this Act under the headings ‘‘Development As19 sistance’’, ‘‘Economic Support Fund’’, and ‘‘International 

20 Narcotics Control and Law Enforcement’’ should be made 

21 available to support a multi-year strategy to expand, and 

22 improve coordination of, United States Government efforts 

23 to empower women as equal partners in conflict prevention, 

24 peace building, transitional processes, and reconstruction 

25 efforts in countries affected by conflict or in political transi-
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1 tion, and to ensure the equitable provision of relief and re2 covery assistance to women and girls. 

3 SECTOR ALLOCATIONS

4 SEC. 7060. (a) BASIC EDUCATION AND HIGHER EDU5 CATION.— 

6 (1) BASIC EDUCATION.— 

7 (A) Of the funds appropriated under title 

8 III of this Act, not less than $800,000,000 should 

9 be made available for assistance for basic edu10 cation, and such funds may be made available 

11 notwithstanding any provision of law that re12 stricts assistance to foreign countries, except for 

13 the conditions provided in this subsection: Pro14 vided, That such funds should only be used to 

15 implement the stated objectives of basic education 

16 programs for each Country Development Co17 operation Strategy or similar strategy regarding 

18 basic education established by the United States 

19 Agency for International Development (USAID). 

20 (B) Not later than 30 days after enactment 

21 of this Act, the USAID Administrator shall re22 port to the Committees on Appropriations on the 

23 status of cumulative unobligated balances and 

24 obligated, but unexpended, balances in each 

25 country where USAID provides basic education 
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1 assistance and such report shall also include de2 tails on the types of contracts and grants pro3 vided and the goals and objectives of such assist4 ance: Provided, That the USAID Administrator 

5 shall update such report on a monthly basis dur6 ing fiscal year 2016: Provided further, That if 

7 the USAID Administrator determines that any 

8 unobligated balances of funds specifically des9 ignated for assistance for basic education in 

10 prior Acts making appropriations for the De11 partment of State, foreign operations, and re12 lated programs are in excess of the absorptive ca13 pacity of recipient countries, such funds may be 

14 made available for other programs authorized 

15 under chapter 1 of part I of the Foreign Assist16 ance Act of 1961, notwithstanding such funding 

17 designation: Provided further, That the authority 

18 of the previous proviso shall be subject to prior 

19 consultation with, and the regular notification 

20 procedures of, the Committees on Appropria21 tions. 

22 (C) Of the funds appropriated under title 

23 III of this Act for assistance for basic education 

24 programs, not less than $70,000,000 shall be 
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1 made available for a contribution to multilateral 

2 partnerships that support education. 

3 (2) HIGHER EDUCATION.—Of the funds appro4 priated by title III of this Act, not less than 

5 $225,000,000 shall be made available for assistance 

6 for higher education, including not less than 

7 $35,000,000 for new partnerships between higher edu8 cation institutions in the United States and devel9 oping countries: Provided, That such funds may be 

10 made available notwithstanding any other provision 

11 of law that restricts assistance to foreign countries, 

12 and shall be subject to the regular notification proce13 dures of the Committees on Appropriations. 

14 (b) DEVELOPMENT PROGRAMS.—Of the funds appro15 priated by this Act under the heading ‘‘Development Assist16 ance’’, not less than $26,000,000 shall be made available 

17 for the American Schools and Hospitals Abroad program, 

18 and not less than $11,000,000 shall be made available for 

19 cooperative development programs of USAID. 

20 (c) ENVIRONMENT PROGRAMS.— 

21 (1) AUTHORITY.—Funds appropriated by this 

22 Act to carry out the provisions of sections 103 

23 through 106, and chapter 4 of part II, of the Foreign 

24 Assistance Act of 1961 may be used, notwithstanding 

25 any other provision of law except for the provisions 
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1 of this subsection and only subject to the reporting 

2 procedures of the Committees on Appropriations, to 

3 support environment programs. 

4 (2) CONSERVATION PROGRAMS AND LIMITA5 TIONS.— 

6 (A) Of the funds appropriated under title 

7 III of this Act, not less than $265,000,000 shall 

8 be made available for biodiversity conservation 

9 programs. 

10 (B) Not less than $80,000,000 of the funds 

11 appropriated under titles III and IV of this Act 

12 shall be made available to combat the 

13 transnational threat of wildlife poaching and 

14 trafficking. 

15 (C) None of the funds appropriated under 

16 title IV of this Act may be made available for 

17 training or other assistance for any military 

18 unit or personnel that the Secretary of State de19 termines has been credibly alleged to have par20 ticipated in wildlife poaching or trafficking, un21 less the Secretary reports to the Committees on 

22 Appropriations that to do so is in the national 

23 security interests of the United States. 

24 (D) Funds appropriated by this Act for bio25 diversity programs shall not be used to support 
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1 the expansion of industrial scale logging or any 

2 other industrial scale extractive activity into 

3 areas that were primary/intact tropical forests 

4 as of December 30, 2013, and the Secretary of 

5 the Treasury shall instruct the United States ex6 ecutive directors of each international financial 

7 institutions (IFI) to vote against any financing 

8 of any such activity. 

9 (3) LARGE DAMS.—The Secretary of the Treas10 ury shall instruct the United States executive director 

11 of each IFI that it is the policy of the United States 

12 to vote in relation to any loan, grant, strategy, or 

13 policy of such institution to support the construction 

14 of any large dam consistent with the criteria set forth 

15 in Senate Report 114–79, while also considering 

16 whether the project involves important foreign policy 

17 objectives. 

18 (4) SUSTAINABLE LANDSCAPES.—Of the funds 

19 appropriated under title III of this Act, not less than 

20 $123,500,000 shall be made available for sustainable 

21 landscape programs. 

22 (5) TRANSFER OF FUNDS.—Of the funds appro23 priated by this Act under the heading ‘‘Economic 

24 Support Fund’’, $9,720,000 shall be transferred to, 

25 and merged with, funds appropriated under the head-
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1 ing ‘‘Contribution to the Strategic Climate Fund’’, 

2 and such transfer shall occur not later than 120 days 

3 after the date of enactment of this Act. 

4 (d) FOOD SECURITY AND AGRICULTURAL DEVELOP5 MENT.— 

6 (1) Of the funds appropriated by title III of this 

7 Act, not less than $1,000,600,000 should be made 

8 available for food security and agricultural develop9 ment programs, of which not less than $50,000,000 

10 shall be made available for the Feed the Future Inno11 vation Labs: Provided, That such funds may be made 

12 available notwithstanding any other provision of law 

13 to prevent or address food shortages, and for a United 

14 States contribution to the endowment of the Global 

15 Crop Diversity Trust. 

16 (2) Funds appropriated under title III of this 

17 Act may be made available as a contribution to the 

18 Global Agriculture and Food Security Program if 

19 such contribution will not cause the United States to 

20 exceed 33 percent of the total amount of funds con21 tributed to such Program. 

22 (e) MICROENTERPRISE AND MICROFINANCE.—Of the 

23 funds appropriated by this Act, not less than $265,000,000 

24 should be made available for microenterprise and micro-
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1 finance development programs for the poor, especially 

2 women. 

3 (f) PROGRAMS TO COMBAT TRAFFICKING IN PERSONS

4 AND MODERN SLAVERY.— 

5 (1) TRAFFICKING IN PERSONS.— 

6 (A) Of the funds appropriated by this Act 

7 under the headings ‘‘Development Assistance’’, 

8 ‘‘Economic Support Fund’’, ‘‘Assistance for Eu9 rope, Eurasia and Central Asia’’, and ‘‘Inter10 national Narcotics Control and Law Enforce11 ment’’, not less than $60,000,000 shall be made 

12 available for activities to combat trafficking in 

13 persons internationally. 

14 (B) Funds made available in the previous 

15 paragraph shall be made available to support a 

16 multifaceted approach to combat human traf17 ficking in Guatemala: Provided, That the Sec18 retary of State shall consult with the Committees 

19 on Appropriations, not later than 30 days after 

20 enactment of this Act, on the use of such funds. 

21 (2) MODERN SLAVERY.—Of the funds appro22 priated by this Act under the headings ‘‘Development 

23 Assistance’’ and ‘‘International Narcotics Control and 

24 Law Enforcement’’, in addition to funds made avail25 able pursuant to paragraph (1), $25,000,000 shall be 
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1 made available for a grant or grants, to be awarded 

2 on an open and competitive basis, to reduce the prev3 alence of modern slavery globally: Provided, That 

4 such funds shall only be made available in fiscal year 

5 2016 to carry out the End Modern Slavery Initiative 

6 Act of 2015 (S. 553, 114th Congress), as reported to 

7 the Senate, if such bill is enacted into law: Provided 

8 further, That if such bill is not enacted into law in 

9 fiscal year 2016, funds made available pursuant to 

10 this subsection shall be made available for other pro11 grams to combat trafficking in persons and modern 

12 slavery, following consultation with the appropriate 

13 congressional committees. 

14 (g) RECONCILIATION PROGRAMS.—Of the funds appro15 priated by this Act under the headings ‘‘Economic Support 

16 Fund’’ and ‘‘Development Assistance’’, not less than 

17 $26,000,000 shall be made available to support people-to18 people reconciliation programs which bring together indi19 viduals of different ethnic, religious, and political back20 grounds from areas of civil strife and war: Provided, That 

21 the USAID Administrator shall consult with the Commit22 tees on Appropriations, prior to the initial obligation of 

23 funds, on the uses of such funds, and such funds shall be 

24 subject to the regular notification procedures of the Commit25 tees on Appropriations: Provided further, That to the max-
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1 imum extent practicable, such funds shall be matched by 

2 sources other than the United States Government. 

3 (h) WATER AND SANITATION.—Of the funds appro4 priated by this Act, not less than $400,000,000 shall be 

5 made available for water supply and sanitation projects 

6 pursuant to the Senator Paul Simon Water for the Poor 

7 Act of 2005 (Public Law 109–121), of which not less than 

8 $145,000,000 shall be for programs in sub-Saharan Africa, 

9 and of which not less than $14,000,000 shall be made avail10 able for programs to design and build safe, public latrines 

11 in Africa and Asia. 

12 OVERSEAS PRIVATE INVESTMENT CORPORATION

13 SEC. 7061. (a) TRANSFER.—Whenever the President 

14 determines that it is in furtherance of the purposes of the 

15 Foreign Assistance Act of 1961, up to a total of $20,000,000 

16 of the funds appropriated under title III of this Act may 

17 be transferred to, and merged with, funds appropriated by 

18 this Act for the Overseas Private Investment Corporation 

19 Program Account, to be subject to the terms and conditions 

20 of that account: Provided, That such funds shall not be 

21 available for administrative expenses of the Overseas Pri22 vate Investment Corporation: Provided further, That des23 ignated funding levels in this Act shall not be transferred 

24 pursuant to this section: Provided further, That the exercise 
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1 of such authority shall be subject to the regular notification 

2 procedures of the Committees on Appropriations. 

3 (b) AUTHORITY.—Notwithstanding section 235(a)(2) 

4 of the Foreign Assistance Act of 1961, the authority of sub5 sections (a) through (c) of section 234 of such Act shall re6 main in effect until September 30, 2016. 

7 ARMS TRADE TREATY

8 SEC. 7062. None of the funds appropriated by this Act 

9 may be obligated or expended to implement the Arms Trade 

10 Treaty until the Senate approves a resolution of ratification 

11 for the Treaty. 

12 COUNTRIES IMPACTED BY SIGNIFICANT REFUGEE

13 POPULATIONS OR INTERNALLY DISPLACED PERSONS

14 SEC. 7063. Funds appropriated by this Act under the 

15 headings ‘‘Development Assistance’’ and ‘‘Economic Sup16 port Fund’’ shall be made available for programs in coun17 tries affected by significant populations of internally dis18 placed persons or refugees to— 

19 (1) expand and improve host government social 

20 services and basic infrastructure to accommodate the 

21 needs of such populations and persons; 

22 (2) alleviate the social and economic strains 

23 placed on host communities; 

24 (3) improve coordination of such assistance in a 

25 more effective and sustainable manner; and 
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1 (4) leverage increased assistance from donors 

2 other than the United States Government for central 

3 governments and local communities in such countries. 

4 REPORTING REQUIREMENTS CONCERNING INDIVIDUALS

5 DETAINED AT NAVAL STATION, GUANTA ́NAMO BAY, CUBA

6 SEC. 7064. Not later than 5 days after the conclusion 

7 of an agreement with a country, including a state with a 

8 compact of free association with the United States, to re9 ceive by transfer or release individuals detained at United 

10 States Naval Station, Guanta ́namo Bay, Cuba, the Sec11 retary of State shall notify the Committees on Appropria12 tions in writing of the terms of the agreement, including 

13 whether funds appropriated by this Act or prior Acts mak14 ing appropriations for the Department of State, foreign op15 erations, and related programs will be made available for 

16 assistance for such country pursuant to such agreement. 

17 MULTI-YEAR PLEDGES

18 SEC. 7065. None of the funds appropriated by this Act 

19 may be used to make any pledge for future year funding 

20 for any multilateral or bilateral program funded in titles 

21 III through VI of this Act unless such pledge was— 

22 (1) previously justified, including the projected 

23 future year costs, in a congressional budget justifica24 tion; 
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1 (2) included in an Act making appropriations 

2 for the Department of State, foreign operations, and 

3 related programs or previously authorized by an Act 

4 of Congress; 

5 (3) notified in accordance with the regular noti6 fication procedures of the Committees on Appropria7 tions, including the projected future year costs; or 

8 (4) the subject of prior consultation with the 

9 Committees on Appropriations and such consultation 

10 was conducted at least 7 days in advance of the 

11 pledge. 

12 PROHIBITION ON USE OF TORTURE

13 SEC. 7066. (a) LIMITATION.—None of the funds made 

14 available in this Act may be used to support or justify the 

15 use of torture, cruel, or inhumane treatment by any official 

16 or contract employee of the United States Government. 

17 (b) ASSISTANCE TO ELIMINATE TORTURE.—Funds ap18 propriated under titles III and IV of this Act shall be made 

19 available, notwithstanding section 660 of the Foreign As20 sistance Act of 1961 and following consultation with the 

21 Committees on Appropriations, for assistance to eliminate 

22 torture by foreign police, military or other security forces 

23 in countries receiving assistance from funds appropriated 

24 by this Act. 
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1 EXTRADITION

2 SEC. 7067. (a) LIMITATION.—None of the funds appro3 priated in this Act may be used to provide assistance (other 

4 than funds provided under the headings ‘‘International Dis5 aster Assistance’’, ‘‘Complex Crises Fund’’, ‘‘International 

6 Narcotics Control and Law Enforcement’’, ‘‘Migration and 

7 Refugee Assistance’’, ‘‘United States Emergency Refugee 

8 and Migration Assistance Fund’’, and ‘‘Nonproliferation, 

9 Anti-terrorism, Demining and Related Assistance’’) for the 

10 central government of a country which has notified the De11 partment of State of its refusal to extradite to the United 

12 States any individual indicted for a criminal offense for 

13 which the maximum penalty is life imprisonment without 

14 the possibility of parole or for killing a law enforcement 

15 officer, as specified in a United States extradition request. 

16 (b) CLARIFICATION.—Subsection (a) shall only apply 

17 to the central government of a country with which the 

18 United States maintains diplomatic relations and with 

19 which the United States has an extradition treaty and the 

20 government of that country is in violation of the terms and 

21 conditions of the treaty. 

22 (c) WAIVER.—The Secretary of State may waive the 

23 restriction in subsection (a) on a case-by-case basis if the 

24 Secretary certifies to the Committees on Appropriations 
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1 that such waiver is important to the national interests of 

2 the United States. 

3 COMMERCIAL LEASING OF DEFENSE ARTICLES

4 SEC. 7068. Notwithstanding any other provision of 

5 law, and subject to the regular notification procedures of 

6 the Committees on Appropriations, the authority of section 

7 23(a) of the Arms Export Control Act may be used to pro8 vide financing to Israel, Egypt, and the North Atlantic 

9 Treaty Organization (NATO), and major non-NATO allies 

10 for the procurement by leasing (including leasing with an 

11 option to purchase) of defense articles from United States 

12 commercial suppliers, not including Major Defense Equip13 ment (other than helicopters and other types of aircraft hav14 ing possible civilian application), if the President deter15 mines that there are compelling foreign policy or national 

16 security reasons for those defense articles being provided by 

17 commercial lease rather than by government-to-government 

18 sale under such Act. 

19 INDEPENDENT STATES OF THE FORMER SOVIET UNION

20 SEC. 7069. (a) ASSISTANCE FOR UKRAINE.—Of the 

21 funds appropriated by this Act under titles III through VI, 

22 not less than $658,185,000 shall be made available for as23 sistance for Ukraine. 

24 (b) LIMITATION.—None of the funds appropriated by 

25 this Act may be made available for assistance for a govern-
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1 ment of an Independent State of the former Soviet Union 

2 if that government directs any action in violation of the 

3 territorial integrity or national sovereignty of any other 

4 Independent State of the former Soviet Union, such as those 

5 violations included in the Helsinki Final Act: Provided, 

6 That except as otherwise provided in section 7070(a) of this 

7 Act, funds may be made available without regard to the 

8 restriction in this subsection if the President determines 

9 that to do so is in the national security interest of the 

10 United States: Provided further, That prior to executing the 

11 authority contained in this subsection the Department of 

12 State shall consult with the Committees on Appropriations 

13 on how such assistance supports the national security inter14 est of the United States. 

15 (c) SECTION 907 OF THE FREEDOM SUPPORT ACT.— 

16 Section 907 of the FREEDOM Support Act shall not apply 

17 to— 

18 (1) activities to support democracy or assistance 

19 under title V of the FREEDOM Support Act and sec20 tion 1424 of the Defense Against Weapons of Mass 

21 Destruction Act of 1996 (50 U.S.C. 2333) or non-pro22 liferation assistance; 

23 (2) any assistance provided by the Trade and 

24 Development Agency under section 661 of the Foreign 

25 Assistance Act of 1961 (22 U.S.C. 2421); 
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1 (3) any activity carried out by a member of the 

2 United States and Foreign Commercial Service while 

3 acting within his or her official capacity; 

4 (4) any insurance, reinsurance, guarantee, or 

5 other assistance provided by the Overseas Private In6 vestment Corporation under title IV of chapter 2 of 

7 part I of the Foreign Assistance Act of 1961 (22 

8 U.S.C. 2191 et seq.); 

9 (5) any financing provided under the Export10 Import Bank Act of 1945; or 

11 (6) humanitarian assistance. 

12 RUSSIA

13 SEC. 7070. (a) LIMITATION.—None of the funds appro14 priated by this Act may be made available for assistance 

15 for the central Government of the Russian Federation. 

16 (b) DETERMINATION AND CONDITIONS.— 

17 (1) None of the funds appropriated by this Act 

18 may be made available for assistance for the central 

19 government of a country that the Secretary of State 

20 determines and reports to the Committees on Appro21 priations has taken affirmative steps intended to sup22 port or be supportive of the Russian Federation an23 nexation of Crimea: Provided, That except as other24 wise provided in subsection (a), the Secretary may 

25 waive the restriction on assistance required by this 
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1 paragraph if the Secretary certifies to such Commit2 tees that to do so is in the national interest of the 

3 United States, and includes a justification for such 

4 interest. 

5 (2) None of the funds appropriated by this Act 

6 may be made available for— 

7 (A) the implementation of any action or 

8 policy that recognizes the sovereignty of the Rus9 sian Federation over Crimea; 

10 (B) the facilitation, financing, or guarantee 

11 of United States Government investments in Cri12 mea, if such activity includes the participation 

13 of Russian Government officials, or other Rus14 sian owned or controlled financial entities; or 

15 (C) assistance for Crimea, if such assistance 

16 includes the participation of Russian Govern17 ment officials, or other Russian owned or con18 trolled financial entities. 

19 (3) The Secretary of the Treasury shall instruct 

20 the United States executive directors of each inter21 national financial institution to vote against any as22 sistance by such institution (including but not lim23 ited to any loan, credit, or guarantee) for any pro24 gram that violates the sovereignty or territorial integ25 rity of Ukraine. 
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1 (4) The requirements and limitations of this sub2 section shall cease to be in effect if the Secretary of 

3 State certifies and reports to the Committees on Ap4 propriations that the Government of Ukraine has re5 established sovereignty over Crimea. 

6 (c) ASSISTANCE TO REDUCE VULNERABILITY AND

7 PRESSURE.—Funds appropriated by this Act for assistance 

8 for the Eastern Partnership countries shall be made avail9 able to advance the implementation of Association Agree10 ments and trade agreements with the European Union, and 

11 to reduce their vulnerability to external economic and polit12 ical pressure from the Russian Federation. 

13 (d) DEMOCRACY PROGRAMS.—Funds appropriated by 

14 this Act shall be made available to support the advancement 

15 of democracy and the rule of law in the Russian Federation, 

16 including to promote Internet freedom, and shall also be 

17 made available to support the democracy and rule of law 

18 strategy required by section 7071(d) of the Department of 

19 State, Foreign Operations, and Related Programs Appro20 priations Act, 2014 (division K of Public Law 113–76). 

21 (e) REPORTS.—Not later than 45 days after enactment 

22 of this Act, the Secretary of State shall update the reports 

23 required by section 7071(b)(2), (c), and (e) of the Depart24 ment of State, Foreign Operations, and Related Programs 
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1 Appropriations Act, 2014 (division K of Public Law 113– 

2 76). 

3 INTERNATIONAL MONETARY FUND

4 SEC. 7071. (a) EXTENSIONS.—The terms and condi5 tions of sections 7086(b) (1) and (2) and 7090(a) of the 

6 Department of State, Foreign Operations, and Related Pro7 grams Appropriations Act, 2010 (division F of Public Law 

8 111–117) shall apply to this Act. 

9 (b) REPAYMENT.—The Secretary of the Treasury shall 

10 instruct the United States Executive Director of the Inter11 national Monetary Fund (IMF) to seek to ensure that any 

12 loan will be repaid to the IMF before other private creditors. 

13 SPECIAL DEFENSE ACQUISITION FUND

14 SEC. 7072. Not to exceed $900,000,000 may be obli15 gated pursuant to section 51(c)(2) of the Arms Export Con16 trol Act for the purposes of the Special Defense Acquisition 

17 Fund (Fund), to remain available for obligation until Sep18 tember 30, 2018: Provided, That the provision of defense 

19 articles and defense services to foreign countries or inter20 national organizations from the Fund shall be subject to 

21 the concurrence of the Secretary of State. 

22 COUNTERING FOREIGN FIGHTERS AND VIOLENT EXTREMIST

23 ORGANIZATIONS

24 SEC. 7073. (a) COUNTERING FOREIGN FIGHTERS AND

25 VIOLENT EXTREMIST ORGANIZATIONS.—Funds appro-
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1 priated under titles III and IV of this Act shall be made 

2 available for programs to— 

3 (1) counter the flow of foreign fighters to coun4 tries in which violent extremists or violent extremist 

5 organizations operate, including those entities des6 ignated as foreign terrorist organizations (FTOs) 

7 pursuant to section 219 of the Immigration and Na8 tionality Act (Public Law 82–814), including through 

9 programs with partner governments and multilateral 

10 organizations to— 

11 (A) counter recruitment campaigns by such 

12 entities; 

13 (B) detect and disrupt foreign fighter travel, 

14 particularly at points of origin; 

15 (C) implement antiterrorism programs; 

16 (D) secure borders, including points of infil17 tration and exfiltration by such entities; 

18 (E) implement and establish criminal laws 

19 and policies to counter foreign fighters; and 

20 (F) arrest, investigate, prosecute, and incar21 cerate terrorist suspects, facilitators, and fin22 anciers; and 

23 (2) reduce public support for violent extremists 

24 or violent extremist organizations, including FTOs, 
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1 by addressing the specific drivers of radicalization, 

2 including through such activities as— 

3 (A) public messaging campaigns to damage 

4 their appeal; 

5 (B) programs to engage communities and 

6 populations at risk of violent extremist 

7 radicalization and recruitment; 

8 (C) counter-radicalization and de9 radicalization activities for potential and former 

10 violent extremists and returning foreign fighters, 

11 including in prisons; 

12 (D) law enforcement training programs; 

13 and 

14 (E) capacity building for civil society orga15 nizations to combat radicalization in local com16 munities. 

17 (b) STRENGTHENING THE STATE SYSTEM.— 

18 (1) Funds appropriated under titles III and IV 

19 of this Act shall be made available for programs to 

20 strengthen the state system and counter violent ex21 tremists and violent extremist organizations, includ22 ing FTOs, by supporting security and governance 

23 programs in countries whose stability and legitimacy 

24 are directly threatened by violence against state insti25 tutions by such entities, including at the national 
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1 and local levels, and in fragile states bordering such 

2 countries. 

3 (2) Programs funded pursuant to paragraph (1) 

4 shall prioritize activities to improve governance, in5 cluding by— 

6 (A) promoting civil society; 

7 (B) strengthening the rule of law; 

8 (C) professionalizing security services; 

9 (D) increasing transparency and account10 ability; 

11 (E) combating corruption; and 

12 (F) protecting human rights. 

13 (c) REQUIREMENTS.— 

14 (1) The Secretary of State shall ensure that the 

15 programs described in subsection (a) are coordinated 

16 with and complement the efforts of other United 

17 States Government agencies and international part18 ners, and that such programs are consistent with all 

19 applicable laws, regulations, and policies regarding 

20 the use of foreign assistance funds: Provided, That the 

21 Secretary shall also ensure that information gained 

22 through the conduct of programs described in sub23 section (a)(1) is shared in a timely manner with rel24 evant United States Government agencies and other 

25 international partners, as appropriate. 
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1 (2) Prior to the obligation of funds appropriated 

2 by this Act and made available for the purposes of 

3 this section, the Secretary of State shall ensure that 

4 mechanisms are in place for appropriate monitoring, 

5 oversight, and control of such assistance: Provided, 

6 That the Secretary shall promptly inform the appro7 priate congressional committees of each significant in8 stance in which assistance provided for such purposes 

9 has been compromised, including the amount and 

10 type of assistance affected, a description of the inci11 dent and parties involved, and an explanation of the 

12 response of the Department of State. 

13 (3) Funds appropriated by this Act that are 

14 made available for programs described in subsection 

15 (a) shall be subject to the regular notification proce16 dures of the Committees on Appropriations, and are 

17 subject to the additional requirements contained 

18 under section 7073 in the explanatory statement de19 scribed in section 4 (in the matter preceding division 

20 A of this Consolidated Act): Provided, That for the 

21 purposes of funds appropriated by this Act that are 

22 made available for countering violent extremism, as 

23 justified to the Committees on Appropriations in the 

24 Congressional Budget Justification, Foreign Oper25 ations, Fiscal Year 2016, such funds shall only be 
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1 made available for programs described in subsection 

2 (a)(2). 

3 ENTERPRISE FUNDS

4 SEC. 7074. (a) NOTIFICATION REQUIREMENT.—None 

5 of the funds made available under titles III through VI of 

6 this Act may be made available for Enterprise Funds unless 

7 the appropriate congressional committees are notified at 

8 least 15 days in advance. 

9 (b) DISTRIBUTION OF ASSETS PLAN.—Prior to the dis10 tribution of any assets resulting from any liquidation, dis11 solution, or winding up of an Enterprise Fund, in whole 

12 or in part, the President shall submit to the appropriate 

13 congressional committees a plan for the distribution of the 

14 assets of the Enterprise Fund. 

15 (c) TRANSITION OR OPERATING PLAN.—Prior to a 

16 transition to and operation of any private equity fund or 

17 other parallel investment fund under an existing Enterprise 

18 Fund, the President shall submit such transition or oper19 ating plan to the appropriate congressional committees. 

20 USE OF FUNDS IN CONTRAVENTION OF THIS ACT

21 SEC. 7075. If the President makes a determination not 

22 to comply with any provision of this Act on constitutional 

23 grounds, the head of the relevant Federal agency shall notify 

24 the Committees on Appropriations in writing within 5 days 
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1 of such determination, the basis for such determination and 

2 any resulting changes to program and policy. 

3 BUDGET DOCUMENTS

4 SEC. 7076. (a) OPERATING PLANS.—Not later than 45 

5 days after the date of enactment of this Act, each depart6 ment, agency, or organization funded in titles I, II, and 

7 VI of this Act, and the Department of the Treasury and 

8 Independent Agencies funded in title III of this Act, includ9 ing the Inter-American Foundation and the United States 

10 African Development Foundation, shall submit to the Com11 mittees on Appropriations an operating plan for funds ap12 propriated to such department, agency, or organization in 

13 such titles of this Act, or funds otherwise available for obli14 gation in fiscal year 2016, that provides details of the uses 

15 of such funds at the program, project, and activity level: 

16 Provided, That such plans shall include, as applicable, a 

17 comparison between the most recent congressional directives 

18 or approved funding levels and the funding levels proposed 

19 by the department or agency; and a clear, concise, and in20 formative description/justification: Provided further, That 

21 if such department, agency, or organization receives an ad22 ditional amount under the same heading in title VIII of 

23 this Act, operating plans required by this subsection shall 

24 include consolidated information on all such funds: Pro25 vided further, That operating plans that include changes 
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1 in levels of funding for programs, projects, and activities 

2 specified in the congressional budget justification, in this 

3 Act, or amounts specifically designated in the respective ta4 bles included in the explanatory statement described in sec5 tion 4 (in the matter preceding division A of this Consoli6 dated Act), as applicable, shall be subject to the notification 

7 and reprogramming requirements of section 7015 of this 

8 Act. 

9 (b) SPEND PLANS.— 

10 (1) Prior to the initial obligation of funds, the 

11 Secretary of State or Administrator of the United 

12 States Agency for International Development 

13 (USAID), as appropriate, shall submit to the Com14 mittees on Appropriations a detailed spend plan for 

15 funds made available by this Act, for— 

16 (A) assistance for Afghanistan, Lebanon, 

17 Pakistan, and the West Bank and Gaza; 

18 (B) Power Africa and the regional security 

19 initiatives listed under this heading in the ex20 planatory statement described in section 4 (in 

21 the matter preceding division A of this Consoli22 dated Act): Provided, That the spend plan for 

23 such initiatives shall include the amount of as24 sistance planned for each country by account, to 

25 the maximum extent practicable; and 
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1 (C) democracy programs and sectors enu2 merated in subsections (a), (c)(2), (d)(1), (e), (f), 

3 and (h) of section 7060 of this Act. 

4 (2) Not later than 45 days after enactment of 

5 this Act, the Secretary of the Treasury shall submit 

6 to the Committees on Appropriations a detailed spend 

7 plan for funds made available by this Act under the 

8 heading ‘‘Department of the Treasury, International 

9 Affairs Technical Assistance’’ in title III. 

10 (c) SPENDING REPORT.—Not later than 45 days after 

11 enactment of this Act, the USAID Administrator shall sub12 mit to the Committees on Appropriations a detailed report 

13 on spending of funds made available during fiscal year 

14 2015 under the heading ‘‘Development Credit Authority’’. 

15 (d) NOTIFICATIONS.—The spend plans referenced in 

16 subsection (b) shall not be considered as meeting the notifi17 cation requirements in this Act or under section 634A of 

18 the Foreign Assistance Act of 1961. 

19 (e) CONGRESSIONAL BUDGET JUSTIFICATION.— 

20 (1) The congressional budget justification for De21 partment of State operations and foreign operations 

22 shall be provided to the Committees on Appropria23 tions concurrent with the date of submission of the 

24 President’s budget for fiscal year 2017: Provided, 

25 That the appendices for such justification shall be 
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1 provided to the Committees on Appropriations not 

2 later than 10 calendar days thereafter. 

3 (2) The Secretary of State and the USAID Ad4 ministrator shall include in the congressional budget 

5 justification a detailed justification for multi-year 

6 availability for any funds requested under the head7 ings ‘‘Diplomatic and Consular Programs’’ and ‘‘Op8 erating Expenses’’. 

9 REPORTS AND RECORDS MANAGEMENT

10 SEC. 7077. (a) PUBLIC POSTING OF REPORTS.— 

11 (1) REQUIREMENT.—Any agency receiving funds 

12 made available by this Act shall, subject to para13 graphs (2) and (3), post on the publicly available Web 

14 site of such agency any report required by this Act to 

15 be submitted to the Committees on Appropriations, 

16 upon a determination by the head of such agency that 

17 to do so is in the national interest. 

18 (2) EXCEPTIONS.—Paragraph (1) shall not 

19 apply to a report if— 

20 (A) the public posting of such report would 

21 compromise national security, including the con22 duct of diplomacy; or 

23 (B) the report contains proprietary, privi24 leged, or sensitive information. 
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1 (3) TIMING AND INTENTION.—The head of the 

2 agency posting such report shall, unless otherwise pro3 vided for in this Act, do so only after such report has 

4 been made available to the Committees on Appropria5 tions for not less than 45 days: Provided, That any 

6 report required by this Act to be submitted to the 

7 Committees on Appropriations shall include informa8 tion from the submitting agency on whether such re9 port will be publicly posted. 

10 (b) REQUESTS FOR DOCUMENTS.—None of the funds 

11 appropriated or made available pursuant to titles III 

12 through VI of this Act shall be available to a nongovern13 mental organization, including any contractor, which fails 

14 to provide upon timely request any document, file, or record 

15 necessary to the auditing requirements of the Department 

16 of State and the United States Agency for International 

17 Development (USAID). 

18 (c) RECORDS MANAGEMENT.— 

19 (1) LIMITATION AND DIRECTIVES.— 

20 (A) None of the funds appropriated by this 

21 Act under the headings ‘‘Diplomatic and Con22 sular Programs’’ and ‘‘Capital Investment 

23 Fund’’ in title I, and ‘‘Operating Expenses’’ in 

24 title II that are made available to the Depart25 ment of State and USAID may be made avail-
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1 able to support the use or establishment of email 

2 accounts or email servers created outside the .gov 

3 domain or not fitted for automated records man4 agement as part of a Federal government records 

5 management program in contravention of the 

6 Presidential and Federal Records Act Amend7 ments of 2014 (Public Law 113–187). 

8 (B) The Secretary of State and USAID Ad9 ministrator shall— 

10 (i) update the policies, directives, and 

11 oversight necessary to comply with Federal 

12 statutes, regulations, and presidential exec13 utive orders and memoranda concerning the 

14 preservation of all records made or received 

15 in the conduct of official business, including 

16 record emails, instant messaging, and other 

17 online tools; 

18 (ii) use funds appropriated by this Act 

19 under the headings ‘‘Diplomatic and Con20 sular Programs’’ and ‘‘Capital Investment 

21 Fund’’ in title I, and ‘‘Operating Expenses’’ 

22 in title II, as appropriate, to improve Fed23 eral records management pursuant to the 

24 Federal Records Act (44 U.S.C. Chapters 

25 21, 29, 31, and 33) and other applicable 
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1 Federal records management statutes, regu2 lations, or policies for the Department of 

3 State and USAID; 

4 (iii) direct departing employees that 

5 all Federal records generated by such em6 ployees, including senior officials, belong to 

7 the Federal Government; and 

8 (iv) measurably improve the response 

9 time for identifying and retrieving Federal 

10 records. 

11 (2) REPORT.—Not later than 30 days after en12 actment of this Act, the Secretary of State and 

13 USAID Administrator shall each submit a report to 

14 the Committees on Appropriations and to the Na15 tional Archives and Records Administration detail16 ing, as appropriate and where applicable— 

17 (A) the policy of each agency regarding the 

18 use or the establishment of email accounts or 

19 email servers created outside the .gov domain or 

20 not fitted for automated records management as 

21 part of a Federal government records manage22 ment program; 

23 (B) the extent to which each agency is in 

24 compliance with applicable Federal records man25 agement statutes, regulations, and policies; and 
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1 (C) the steps required, including steps al2 ready taken, and the associated costs, to— 

3 (i) comply with paragraph (1)(B) of 

4 this subsection; 

5 (ii) ensure that all employees at every 

6 level have been instructed in procedures and 

7 processes to ensure that the documentation 

8 of their official duties is captured, pre9 served, managed, protected, and accessible 

10 in official Government systems of the De11 partment of State and USAID; 

12 (iii) implement the recommendations 

13 of the Office of Inspector General, United 

14 States Department of State (OIG), in the 

15 March 2015 Review of State Messaging and 

16 Archive Retrieval Toolset and Record Email 

17 (ISP–1–15–15) and any recommendations 

18 from the OIG review of the records manage19 ment practices of the Department of State 

20 requested by the Secretary on March 25, 

21 2015, if completed; 

22 (iv) reduce the backlog of Freedom of 

23 Information Act and Congressional over24 sight requests, and measurably improve the 

25 response time for answering such requests; 
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1 (v) strengthen cyber security measures 

2 to mitigate vulnerabilities, including those 

3 resulting from the use of personal email ac4 counts or servers outside the .gov domain; 

5 and 

6 (vi) codify in the Foreign Affairs Man7 ual and Automated Directives System the 

8 updates referenced in paragraph (1)(B) of 

9 this subsection, where appropriate. 

10 (3) REPORT ASSESSMENT.—Not later than 180 

11 days after the submission of the reports required by 

12 paragraph (2), the Comptroller General of the United 

13 States, in consultation with National Archives and 

14 Records Administration, as appropriate, shall con15 duct an assessment of such reports, and shall consult 

16 with the Committees on Appropriations on the scope 

17 and requirements of such assessment. 

18 (4) FUNDING.—Of funds appropriated by this 

19 Act under the heading ‘‘Capital Investment Fund’’ in 

20 title I, $10,000,000 shall be withheld from obligation 

21 until the Secretary submits the report required by 

22 paragraph (2). 

23 GLOBAL INTERNET FREEDOM

24 SEC. 7078. (a) FUNDING.—Of the funds available for 

25 obligation during fiscal year 2016 under the headings 
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1 ‘‘International Broadcasting Operations’’, ‘‘Economic Sup2 port Fund’’, ‘‘Democracy Fund’’, and ‘‘Assistance for Eu3 rope, Euraisa and Central Asia’’, not less than $50,500,000 

4 shall be made available for programs to promote Internet 

5 freedom globally: Provided, That such programs shall be 

6 prioritized for countries whose governments restrict freedom 

7 of expression on the Internet, and that are important to 

8 the national interests of the United States: Provided further, 

9 That funds made available pursuant to this section shall 

10 be matched, to the maximum extent practicable, by sources 

11 other than the United States Government, including from 

12 the private sector. 

13 (b) REQUIREMENTS.—Funds made available pursuant 

14 to subsection (a) shall be— 

15 (1) coordinated with other democracy, govern16 ance, and broadcasting programs funded by this Act 

17 under the headings ‘‘International Broadcasting Op18 erations’’, ‘‘Economic Support Fund’’, ‘‘Democracy 

19 Fund’’, ‘‘Complex Crises Fund’’, and ‘‘Assistance for 

20 Europe, Eurasia and Central Asia’’, and shall be in21 corporated into country assistance, democracy pro22 motion, and broadcasting strategies, as appropriate; 

23 (2) made available to the Bureau of Democracy, 

24 Human Rights, and Labor, Department of State for 

25 programs to implement the May 2011, International 
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1 Strategy for Cyberspace and the comprehensive strat2 egy to promote Internet freedom and access to infor3 mation in Iran, as required by section 414 of the 

4 Iran Threat Reduction and Syria Human Rights Act 

5 of 2012 (22 U.S.C. 8754); 

6 (3) made available to the Broadcasting Board of 

7 Governors (BBG) to provide tools and techniques to 

8 access the Web sites of BBG broadcasters that are 

9 censored, and to work with such broadcasters to pro10 mote and distribute such tools and techniques, includ11 ing digital security techniques; 

12 (4) made available for programs that support the 

13 efforts of civil society to counter the development of 

14 repressive Internet-related laws and regulations, in15 cluding countering threats to Internet freedom at 

16 international organizations; to combat violence 

17 against bloggers and other users; and to enhance dig18 ital security training and capacity building for de19 mocracy activists; 

20 (5) made available for research of key threats to 

21 Internet freedom; the continued development of tech22 nologies that provide or enhance access to the Inter23 net, including circumvention tools that bypass Inter24 net blocking, filtering, and other censorship techniques 

25 used by authoritarian governments; and maintenance 
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1 of the technological advantage of the United States 

2 Government over such censorship techniques: Pro3 vided, That the Secretary of State, in consultation 

4 with the BBG Chairman, shall coordinate any such 

5 research and development programs with other rel6 evant United States Government departments and 

7 agencies in order to share information, technologies, 

8 and best practices, and to assess the effectiveness of 

9 such technologies; and 

10 (6) coordinated by the Assistant Secretary of 

11 State for Democracy, Human Rights, and Labor, De12 partment of State, except that the uses of such funds 

13 made available under the heading ‘‘International 

14 Broadcasting Operations’’ shall be the responsibility 

15 of the BBG Chairman. 

16 (c) COORDINATION AND SPEND PLANS.—After con17 sultation among the relevant agency heads to coordinate 

18 and de-conflict planned activities, but not later than 90 

19 days after enactment of this Act, the Secretary of State and 

20 the BBG Chairman shall submit to the Committees on Ap21 propriations spend plans for funds made available by this 

22 Act for programs to promote Internet freedom globally, 

23 which shall include a description of safeguards established 

24 by relevant agencies to ensure that such programs are not 

25 used for illicit purposes: Provided, That the Department of 
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1 State spend plan shall include funding for all such pro2 grams for all relevant Department of State and USAID of3 fices and bureaus: Provided further, That prior to the obli4 gation of such funds, such offices and bureaus shall consult 

5 with the Assistant Secretary for Democracy, Human 

6 Rights, and Labor, Department of State, to ensure that such 

7 programs support the Department of State Internet freedom 

8 strategy. 

9 DISABILITY PROGRAMS

10 SEC. 7079. (a) ASSISTANCE.—Funds appropriated by 

11 this Act under the heading ‘‘Economic Support Fund’’ shall 

12 be made available for programs and activities administered 

13 by the United States Agency for International Development 

14 (USAID) to address the needs and protect and promote the 

15 rights of people with disabilities in developing countries, 

16 including initiatives that focus on independent living, eco17 nomic self-sufficiency, advocacy, education, employment, 

18 transportation, sports, and integration of individuals with 

19 disabilities, including for the cost of translation. 

20 (b) MANAGEMENT, OVERSIGHT, AND TECHNICAL SUP21 PORT.—Of the funds made available pursuant to this sec22 tion, 5 percent may be used for USAID for management, 

23 oversight, and technical support. 
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1 IMPACT ON JOBS IN THE UNITED STATES

2 SEC. 7080. None of the funds appropriated or other3 wise made available under titles III through VI of this Act 

4 may be obligated or expended to provide— 

5 (1) any financial incentive to a business enter6 prise currently located in the United States for the 

7 purpose of inducing such an enterprise to relocate 

8 outside the United States if such incentive or induce9 ment is likely to reduce the number of employees of 

10 such business enterprise in the United States because 

11 United States production is being replaced by such 

12 enterprise outside the United States; 

13 (2) assistance for any program, project, or activ14 ity that contributes to the violation of internationally 

15 recognized workers’ rights, as defined in section 

16 507(4) of the Trade Act of 1974, of workers in the re17 cipient country, including any designated zone or 

18 area in that country: Provided, That the application 

19 of section 507(4)(D) and (E) of such Act should be 

20 commensurate with the level of development of the re21 cipient country and sector, and shall not preclude as22 sistance for the informal sector in such country, micro 

23 and small-scale enterprise, and smallholder agri24 culture; 
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1 (3) any assistance to an entity outside the 

2 United States if such assistance is for the purpose of 

3 directly relocating or transferring jobs from the 

4 United States to other countries and adversely im5 pacts the labor force in the United States; or 

6 (4) for the enforcement of any rule, regulation, 

7 policy, or guidelines implemented pursuant to— 

8 (A) the third proviso of subsection 7079(b) 

9 of the Consolidated Appropriations Act, 2010; 

10 (B) the modification proposed by the Over11 seas Private Investment Corporation in Novem12 ber 2013 to the Corporation’s Environmental 

13 and Social Policy Statement relating to coal; or 

14 (C) the Supplemental Guidelines for High 

15 Carbon Intensity Projects approved by the Ex16 port-Import Bank of the United States on De17 cember 12, 2013, 

18 when enforcement of such rule, regulation, policy, or 

19 guidelines would prohibit, or have the effect of prohib20 iting, any coal-fired or other power-generation project 

21 the purpose of which is to: (i) provide affordable elec22 tricity in International Development Association 

23 (IDA)-eligible countries and IDA-blend countries; and 

24 (ii) increase exports of goods and services from the 
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1 United States or prevent the loss of jobs from the 

2 United States. 

3 COUNTRY FOCUS AND SELECTIVITY

4 SEC. 7081. (a) TRANSITION PLAN REQUIREMENT.— 

5 Any bilateral country assistance strategy developed after the 

6 date of enactment of this Act for the provision of assistance 

7 for a foreign country shall include a transition plan identi8 fying end goals and options for winding down, within a 

9 targeted period of years, such bilateral assistance: Provided, 

10 That such transition plan shall be developed by the Sec11 retary of State, in consultation with the Administrator of 

12 the United States Agency for International Development 

13 (USAID), the heads of other relevant Federal agencies, and 

14 officials of such foreign government and representatives of 

15 civil society, as appropriate. 

16 (b) TARGETED TRANSITIONS.—Not later than 180 

17 days after enactment of this Act, the Secretary of State, in 

18 consultation with the USAID Administrator, the heads of 

19 other relevant Federal agencies, and the Committees on Ap20 propriations, shall select at least one country in which to 

21 establish and implement a transition program to seek to 

22 reduce dependency on bilateral foreign assistance and create 

23 greater self-sufficiency for such country: Provided, That any 

24 such selection shall be of a country receiving assistance with 

25 funds appropriated under titles III and IV of this Act and 
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1 prior Acts making appropriations for the Department of 

2 State, foreign operations, and related programs that— 

3 (1) is a long-time recipient of such assistance; 

4 (2) has demonstrated, or has been assessed to 

5 possess, the capacity for self-sufficiency; and 

6 (3) is not impacted by conflict or crisis, includ7 ing large numbers of internally displaced persons or 

8 significant refugee populations resulting from such 

9 conflict or crisis: 

10 Provided further, That the Secretary shall consult with the 

11 Committees on Appropriations prior to the selection of any 

12 such country, and on the goals and targets for such program 

13 to be established in the selected country: Provided further, 

14 That such transition should exclude funding for democracy 

15 and humanitarian assistance programs: Provided further, 

16 That assistance may be resumed or continued for any such 

17 selected country if the Secretary determines and reports to 

18 the Committees on Appropriations that to do so is impor19 tant to the national interest of the United States, and such 

20 report provides an explanation of such interest being served. 

21 UNITED NATIONS POPULATION FUND

22 SEC. 7082. (a) CONTRIBUTION.—Of the funds made 

23 available under the heading ‘‘International Organizations 

24 and Programs’’ in this Act for fiscal year 2016, $32,500,000 
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1 shall be made available for the United Nations Population 

2 Fund (UNFPA). 

3 (b) AVAILABILITY OF FUNDS.—Funds appropriated by 

4 this Act for UNFPA, that are not made available for 

5 UNFPA because of the operation of any provision of law, 

6 shall be transferred to the ‘‘Global Health Programs’’ ac7 count and shall be made available for family planning, ma8 ternal, and reproductive health activities, subject to the reg9 ular notification procedures of the Committees on Appro10 priations. 

11 (c) PROHIBITION ON USE OF FUNDS IN CHINA.—None 

12 of the funds made available by this Act may be used by 

13 UNFPA for a country program in the People’s Republic 

14 of China. 

15 (d) CONDITIONS ON AVAILABILITY OF FUNDS.—Funds 

16 made available by this Act for UNFPA may not be made 

17 available unless— 

18 (1) UNFPA maintains funds made available by 

19 this Act in an account separate from other accounts 

20 of UNFPA and does not commingle such funds with 

21 other sums; and 

22 (2) UNFPA does not fund abortions. 

23 (e) REPORT TO CONGRESS AND DOLLAR-FOR-DOLLAR

24 WITHHOLDING OF FUNDS.— 
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1 (1) Not later than 4 months after the date of en2 actment of this Act, the Secretary of State shall sub3 mit a report to the Committees on Appropriations in4 dicating the amount of funds that UNFPA is budg5 eting for the year in which the report is submitted for 

6 a country program in the People’s Republic of China. 

7 (2) If a report under paragraph (1) indicates 

8 that UNFPA plans to spend funds for a country pro9 gram in the People’s Republic of China in the year 

10 covered by the report, then the amount of such funds 

11 UNFPA plans to spend in the People’s Republic of 

12 China shall be deducted from the funds made avail13 able to UNFPA after March 1 for obligation for the 

14 remainder of the fiscal year in which the report is 

15 submitted. 

16 TITLE VIII 

17 OVERSEAS CONTINGENCY OPERATIONS/GLOBAL 

18 WAR ON TERRORISM 

19 DEPARTMENT OF STATE 

20 ADMINISTRATION OF FOREIGN AFFAIRS

21 DIPLOMATIC AND CONSULAR PROGRAMS

22 (INCLUDING TRANSFER OF FUNDS)

23 For an additional amount for ‘‘Diplomatic and Con24 sular Programs’’, $2,561,808,000, to remain available until 

25 September 30, 2017, of which $1,966,632,000 is for World-
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1 wide Security Protection and shall remain available until 

2 expended: Provided, That the Secretary of State may trans3 fer up to $10,000,000 of the total funds made available 

4 under this heading to any other appropriation of any de5 partment or agency of the United States, upon the concur6 rence of the head of such department or agency, to support 

7 operations in and assistance for Afghanistan and to carry 

8 out the provisions of the Foreign Assistance Act of 1961: 

9 Provided further, That any such transfer shall be treated 

10 as a reprogramming of funds under subsections (a) and (b) 

11 of section 7015 of this Act and shall not be available for 

12 obligation or expenditure except in compliance with the 

13 procedures set forth in that section: Provided further, That 

14 up to $15,000,000 of the funds appropriated under this 

15 heading in this title may be made available for Conflict 

16 Stabilization Operations and for related reconstruction and 

17 stabilization assistance to prevent or respond to conflict or 

18 civil strife in foreign countries or regions, or to enable tran19 sition from such strife: Provided further, That such amount 

20 is designated by the Congress for Overseas Contingency Op21 erations/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. 
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1 OFFICE OF INSPECTOR GENERAL

2 For an additional amount for ‘‘Office of Inspector 

3 General’’, $66,600,000, to remain available until September 

4 30, 2017, of which $56,900,000 shall be for the Special In5 spector General for Afghanistan Reconstruction (SIGAR) 

6 for reconstruction oversight: Provided, That printing and 

7 reproduction costs shall not exceed amounts for such costs 

8 during fiscal year 2015: Provided further, That notwith9 standing any other provision of law, any employee of 

10 SIGAR who completes at least 12 months of continuous 

11 service after the date of enactment of this Act or who is 

12 employed on the date on which SIGAR terminates, which13 ever occurs first, shall acquire competitive status for ap14 pointment to any position in the competitive service for 

15 which the employee possesses the required qualifications: 

16 Provided further, That such amount is designated by the 

17 Congress for Overseas Contingency Operations/Global War 

18 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

19 Balanced Budget and Emergency Deficit Control Act of 

20 1985. 

21 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

22 For an additional amount for ‘‘Embassy Security, 

23 Construction, and Maintenance’’, $747,851,000, to remain 

24 available until expended, of which $735,201,000 shall be for 

25 Worldwide Security Upgrades, acquisition, and construc-
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1 tion as authorized: Provided, That such amount is des2 ignated by the Congress for Overseas Contingency Oper3 ations/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 INTERNATIONAL ORGANIZATIONS

7 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

8 For an additional amount for ‘‘Contributions to Inter9 national Organizations’’, $101,728,000: Provided, That 

10 such amount is designated by the Congress for Overseas 

11 Contingency Operations/Global War on Terrorism pursu12 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

13 Emergency Deficit Control Act of 1985. 

14 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

15 ACTIVITIES

16 For an additional amount for ‘‘Contributions for 

17 International Peacekeeping Activities’’, $1,794,088,000, to 

18 remain available until September 30, 2017: 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 and 

22 Emergency Deficit Control Act of 1985. 
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1 RELATED AGENCY 

2 BROADCASTING BOARD OF GOVERNORS

3 INTERNATIONAL BROADCASTING OPERATIONS

4 For an additional amount for ‘‘International Broad5 casting Operations’’, $10,700,000, to remain available until 

6 September 30, 2017: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 UNITED STATES AGENCY FOR INTERNATIONAL 

12 DEVELOPMENT 

13 FUNDS APPROPRIATED TO THE PRESIDENT

14 OPERATING EXPENSES

15 For an additional amount for ‘‘Operating Expenses’’, 

16 $139,262,000, to remain available until September 30, 

17 2017: Provided, That such amount is designated by the 

18 Congress for Overseas Contingency Operations/Global War 

19 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

20 Balanced Budget and Emergency Deficit Control Act of 

21 1985. 
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1 BILATERAL ECONOMIC ASSISTANCE 

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 INTERNATIONAL DISASTER ASSISTANCE

4 For an additional amount for ‘‘International Disaster 

5 Assistance’’, $1,919,421,000, to remain available until ex6 pended: Provided, That such amount is designated by the 

7 Congress for Overseas Contingency Operations/Global War 

8 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

9 Balanced Budget and Emergency Deficit Control Act of 

10 1985. 

11 TRANSITION INITIATIVES

12 For an additional amount for ‘‘Transition Initia13 tives’’, $37,000,000, to remain available until expended: 

14 Provided, That such amount is designated by the Congress 

15 for Overseas Contingency Operations/Global War on Ter16 rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

17 Budget and Emergency Deficit Control Act of 1985. 

18 COMPLEX CRISES FUND

19 For an additional amount for ‘‘Complex Crises Fund’’, 

20 $20,000,000, to remain available until expended: Provided, 

21 That such amount is designated by the Congress for Over22 seas Contingency Operations/Global War on Terrorism pur23 suant to section 251(b)(2)(A)(ii) of the Balanced Budget 

24 and Emergency Deficit Control Act of 1985. 
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1 ECONOMIC SUPPORT FUND

2 For an additional amount for ‘‘Economic Support 

3 Fund’’, $2,422,673,000, to remain available until Sep4 tember 30, 2017: Provided, That such amount is designated 

5 by the Congress for Overseas Contingency Operations/Glob6 al War on Terrorism pursuant to section 251(b)(2)(A)(ii) 

7 of the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

10 For an additional amount for ‘‘Assistance for Europe, 

11 Eurasia and Central Asia’’, $438,569,000, to remain avail12 able until September 30, 2017: Provided, That such amount 

13 is designated by the Congress for Overseas Contingency Op14 erations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 DEPARTMENT OF STATE

18 MIGRATION AND REFUGEE ASSISTANCE

19 For an additional amount for ‘‘Migration and Refugee 

20 Assistance’’ to respond to refugee crises, including in Africa, 

21 the Near East, South and Central Asia, and Europe and 

22 Eurasia, $2,127,114,000, to remain available until ex23 pended, except that such funds shall not be made available 

24 for the resettlement costs of refugees in the United States: 

25 Provided, That such amount is designated by the Congress 
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1 for Overseas Contingency Operations/Global War on Ter2 rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

3 Budget and Emergency Deficit Control Act of 1985. 

4 INTERNATIONAL SECURITY ASSISTANCE 

5 DEPARTMENT OF STATE

6 INTERNATIONAL NARCOTICS CONTROL AND LAW

7 ENFORCEMENT

8 For an additional amount for ‘‘International Nar9 cotics Control and Law Enforcement’’, $371,650,000, to re10 main available until September 30, 2017: 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 and 

14 Emergency Deficit Control Act of 1985. 

15 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

16 RELATED PROGRAMS

17 For an additional amount for ‘‘Nonproliferation, 

18 Anti-terrorism, Demining and Related Programs’’, 

19 $379,091,000, to remain available until September 30, 

20 2017: Provided, That such amount is designated by the 

21 Congress for Overseas Contingency Operations/Global War 

22 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

23 Balanced Budget and Emergency Deficit Control Act of 

24 1985. 
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1 PEACEKEEPING OPERATIONS

2 For an additional amount for ‘‘Peacekeeping Oper3 ations’’, $469,269,000, to remain available until September 

4 30, 2017: Provided, That such amount is designated by the 

5 Congress for Overseas Contingency Operations/Global War 

6 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

7 Balanced Budget and Emergency Deficit Control Act of 

8 1985: Provided further, That funds available for obligation 

9 under this heading in this Act may be used to pay assessed 

10 expenses of international peacekeeping activities in Soma11 lia, subject to the regular notification procedures of the 

12 Committees on Appropriations, except that such expenses 

13 shall not exceed the level described in the final proviso under 

14 the heading ‘‘Contributions for International Peacekeeping 

15 Activities’’ in title I of this Act. 

16 FUNDS APPROPRIATED TO THE PRESIDENT

17 FOREIGN MILITARY FINANCING PROGRAM

18 For an additional amount for ‘‘Foreign Military Fi19 nancing Program’’, $1,288,176,000, to remain available 

20 until September 30, 2017: Provided, That such amount is 

21 designated by the Congress for Overseas Contingency Oper22 ations/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. 
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1 GENERAL PROVISIONS 

2 ADDITIONAL APPROPRIATIONS

3 SEC. 8001. Notwithstanding any other provision of 

4 law, funds appropriated in this title are in addition to 

5 amounts appropriated or otherwise made available in this 

6 Act for fiscal year 2016. 

7 EXTENSION OF AUTHORITIES AND CONDITIONS

8 SEC. 8002. 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. 8003. (a)(1) Funds appropriated by this title in 

15 this Act under the headings ‘‘Transition Initiatives’’, 

16 ‘‘Complex Crises Fund’’, ‘‘Economic Support Fund’’, and 

17 ‘‘Assistance for Europe, Eurasia and Central Asia’’ may 

18 be transferred to, and merged with, funds appropriated by 

19 this title under such headings. 

20 (2) Funds appropriated by this title in this Act under 

21 the headings ‘‘International Narcotics Control and Law 

22 Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, 

23 Demining and Related Programs’’, ‘‘Peacekeeping Oper24 ations’’, and ‘‘Foreign Military Financing Program’’ may 
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1 be transferred to, and merged with, funds appropriated by 

2 this title under such headings. 

3 (3) Of the funds appropriated by this title under the 

4 heading ‘‘International Disaster Assistance’’, up to 

5 $600,000,000 may be transferred to, and merged with, 

6 funds appropriated by this title under the heading ‘‘Migra7 tion and Refugee Assistance’’. 

8 (b) Notwithstanding any other provision of this sec9 tion, not to exceed $15,000,000 from funds appropriated 

10 under the heading ‘‘Foreign Military Financing Program’’ 

11 by this title in this Act and made available for the Europe 

12 and Eurasia Regional program may be transferred to, and 

13 merged with, funds previously made available under the 

14 heading ‘‘Global Security Contingency Fund’’ which shall 

15 be available only for programs in the Europe and Eurasia 

16 region. 

17 (c) The transfer authority provided in subsection (a) 

18 may only be exercised to address contingencies. 

19 (d) The transfer authority provided in subsections (a) 

20 and (b) shall be subject to prior consultation with, and the 

21 regular notification procedures of, the Committees on Ap22 propriations: Provided, That such transfer authority is in 

23 addition to any transfer authority otherwise available 

24 under any other provision of law, including section 610 of 
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1 the Foreign Assistance Act of 1961 which may be exercised 

2 by the Secretary of State for the purposes of this title. 

3 TITLE IX 

4 OTHER MATTERS 

5 MULTILATERAL ASSISTANCE 

6 INTERNATIONAL MONETARY PROGRAMS

7 UNITED STATES QUOTA, INTERNATIONAL MONETARY FUND

8 DIRECT LOAN PROGRAM ACCOUNT

9 For an increase in the United States quota in the 

10 International Monetary Fund, the dollar equivalent of 

11 40,871,800,000 Special Drawing Rights, to remain avail12 able until expended: Provided, That notwithstanding the 

13 provisos under the heading ‘‘International Assistance Pro14 grams—International Monetary Programs—United States 

15 Quota, International Monetary Fund’’ in the Supplemental 

16 Appropriations Act, 2009 (Public Law 111–32), the costs 

17 of the amounts provided under this heading in this Act and 

18 in Public Law 111–32 shall be estimated on a present value 

19 basis, excluding administrative costs and any incidental ef20 fects on governmental receipts or outlays: Provided further, 

21 That for purposes of the previous proviso, the discount rate 

22 for purposes of the present value calculation shall be the 

23 appropriate interest rate on marketable Treasury securities, 

24 adjusted for market risk: Provided further, That such 

25 amount is designated by the Congress as an emergency re-
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1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985, 

3 as amended: Provided further, That such amount shall be 

4 available only if the President designates such amount, and 

5 the related amount to be rescinded under the heading 

6 ‘‘Loans to the International Monetary Fund Direct Loan 

7 Program Account’’, as an emergency requirement pursuant 

8 to section 251(b)(2)(A)(i) and transmits such designation 

9 to the Congress. 

10 LOANS TO THE INTERNATIONAL MONETARY FUND

11 DIRECT LOAN PROGRAM ACCOUNT

12 (INCLUDING RESCISSION OF FUNDS)

13 Of the amounts provided under the heading ‘‘Inter14 national Assistance Programs—International Monetary 

15 Programs—Loans to International Monetary Fund’’ in the 

16 Supplemental Appropriations Act, 2009 (Public Law 111– 

17 32), the dollar equivalent of 40,871,800,000 Special Draw18 ing Rights is hereby permanently rescinded as of the date 

19 when the rollback of the United States credit arrangement 

20 in the New Arrangements to Borrow of the International 

21 Monetary Fund is effective, but no earlier than when the 

22 increase of the United States quota authorized in section 

23 72 of the Bretton Woods Agreements Act (22 U.S.C. 286 

24 et seq.) becomes effective: Provided, That notwithstanding 

25 the second through fourth provisos under the heading 
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1 ‘‘International Assistance Programs—International Mone2 tary Programs—Loans to International Monetary Fund’’ 

3 in Public Law 111–32, the costs of the amounts under this 

4 heading in this Act and in Public Law 111–32 shall be 

5 estimated on a present value basis, excluding administra6 tive costs and any incidental effects on governmental re7 ceipts or outlays: Provided further, That for purposes of the 

8 previous proviso, the discount rate for purposes of the 

9 present value calculation shall be the appropriate interest 

10 rate on marketable Treasury securities, adjusted for market 

11 risk: Provided further, That such amount is designated by 

12 the Congress as an emergency requirement pursuant to sec13 tion 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985, as amended: Provided further, 

15 That such amount shall be rescinded only if the President 

16 designates such amount as an emergency requirement pur17 suant to section 251(b)(2)(A)(i) and transmits such des18 ignation to the Congress. 

19 GENERAL PROVISIONS 

20 LIMITATIONS ON AND EXPIRATION OF AUTHORITY WITH

21 RESPECT TO NEW ARRANGEMENTS TO BORROW

22 SEC. 9001. Section 17 of the Bretton Woods Agree23 ments Act (22 U.S.C. 286e–2) is amended— 

24 (1) in subsection (a) by adding at the end the 

25 following: 
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1 ‘‘(5) The authority to make loans under this sec2 tion shall expire on December 16, 2022.’’; 

3 (2) in subsection (b), in paragraphs (1) and (2), 

4 by inserting before the end period the following: ‘‘, 

5 only to the extent that amounts available for such 

6 loans are not rescinded by an Act of Congress’’; 

7 (3) by adding the following subsection (e), which 

8 shall be effective from the first day of the next period 

9 of renewal of the NAB decision after enactment of this 

10 Act: 

11 ‘‘(e) New Requirement for Activation of the New Ar12 rangements to Borrow 

13 ‘‘(1) The Secretary of the Treasury shall include 

14 in the certification and report required by para15 graphs (a)(1), (a)(2), (b)(1), and (b)(2) of this section 

16 prior to activation an additional certification and re17 port that— 

18 ‘‘(A) the one-year forward commitment ca19 pacity of the IMF (excluding borrowed resources) 

20 is expected to fall below 100,000,000,000 Special 

21 Drawing Rights during the period of the NAB 

22 activation; and 

23 ‘‘(B) activation of the NAB is in the United 

24 States strategic economic interest with the rea25 sons and analysis for that determination. 
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1 ‘‘(2) Prior to submitting any certification and 

2 report required by paragraphs (a)(1), (a)(2), (b)(1), 

3 and (b)(2) of this section, the Secretary of the Treas4 ury shall consult with the appropriate congressional 

5 committees.’’; and 

6 (4) by adding at the end the following: 

7 ‘‘(f) In this section, the term ‘appropriate congres8 sional committees’ means the Committees on Appropria9 tions and Foreign Relations of the Senate and the Commit10 tees on Appropriations and Financial Services of the House 

11 of Representatives.’’. 

12 ACCEPTANCE OF AMENDMENTS TO ARTICLES OF

13 AGREEMENT; QUOTA INCREASE

14 SEC. 9002. The Bretton Woods Agreements Act (22 

15 U.S.C. 286 et seq.) is amended by adding at the end the 

16 following: 

17 ‘‘SEC. 71. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES 

18 OF AGREEMENT OF THE FUND. 

19 ‘‘The United States Governor of the Fund may accept 

20 the amendments to the Articles of Agreement of the Fund 

21 as proposed in resolution 66–2 of the Board of Governors 

22 of the Fund. 

23 ‘‘SEC. 72. QUOTA INCREASE. 

24 ‘‘(a) IN GENERAL.—The United States Governor of the 

25 Fund may consent to an increase in the quota of the United 
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1 States in the Fund equivalent to 40,871,800,000 Special 

2 Drawing Rights. 

3 ‘‘(b) SUBJECT TO APPROPRIATIONS.—The authority 

4 provided by subsection (a) shall be effective only to such 

5 extent or in such amounts as are provided in advance in 

6 appropriations Acts.’’. 

7 REPORT ON METHODOLOGY USED FOR CONGRESSIONAL

8 BUDGET OFFICE COST ESTIMATES

9 SEC. 9003. (a) REPORT.—Not later than 180 days 

10 after the date of enactment of this Act, the Director of the 

11 Congressional Budget Office shall submit a report to the 

12 appropriate congressional committees on the methodology 

13 used and rationale for incorporating market risk in cost 

14 estimates for the International Monetary Fund: Provided, 

15 That for the purposes of this subsection, the term ‘‘appro16 priate congressional committees’’ means— 

17 (1) the Committees on Appropriations, Budget, 

18 Banking, Housing and Urban Affairs, and Foreign 

19 Relations of the Senate; and 

20 (2) the Committees on Appropriations, Budget, 

21 and Financial Services of the House of Representa22 tives. 

23 (b) REQUIREMENTS.—The report submitted pursuant 

24 to subsection (a) shall include matters relevant to the eval25 uation of the budgetary effects of the participation of the 
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1 United States in the International Monetary Fund, includ2 ing the risks associated with— 

3 (1) the current participation of the United 

4 States in the International Monetary Fund, including 

5 the market risk of the Fund; 

6 (2) countries borrowing from the Fund; 

7 (3) the various loan instruments and assistance 

8 activities of the Fund; and 

9 (4) past participation of the United States in the 

10 International Monetary Fund, including the histor11 ical net cost to the government of previous quota in12 creases. 

13 (c) REVIEW.—Following the submission of the report 

14 required by subsection (a), the Committees on Appropria15 tions and Budget of the Senate and the Committees on Ap16 propriations and Budget of the House of Representatives 

17 shall review the Congressional Budget Office’s market risk 

18 scoring methodology and consider options for modifying the 

19 budgetary treatment of new appropriations to the Inter20 national Monetary Fund: Provided, That in conducting 

21 such review, such committees should consult with other in22 terested parties, including the Office of Management and 

23 Budget and the Congressional Budget Office. 
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1 REQUIRED CONSULTATIONS WITH CONGRESS IN ADVANCE

2 OF CONSIDERATION OF EXCEPTIONAL ACCESS LENDING

3 SEC. 9004. (a) IN GENERAL.—The United States Ex4 ecutive Director of the International Monetary Fund (the 

5 Fund) (or any designee of the Executive Director) may not 

6 vote for the approval of an exceptional access loan to be 

7 provided by the Fund to a country unless, not later than 

8 7 days before voting to approve that loan (subject to sub9 section (c)), the Secretary of the Treasury submits to the 

10 Committees on Appropriations and Foreign Relations of the 

11 Senate and the Committees on Appropriations and Finan12 cial Services of the House of Representatives— 

13 (1) a report on the exceptional access program 

14 under which the loan is to be provided, including a 

15 description of the size and tenor of the program; and 

16 (2) a debt sustainability analysis and related 

17 documentation justifying the need for the loan. 

18 (b) ELEMENTS.—A debt sustainability analysis under 

19 subsection (a)(2) with respect to an exceptional access loan 

20 shall include the following: 

21 (1) any assumptions for growth of the gross do22 mestic product of the country that may receive the 

23 loan; 
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1 (2) an estimate of whether the public debt of that 

2 country is sustainable in the medium term, consistent 

3 with the exceptional access lending rules of the Fund; 

4 (3) an estimate of the prospects of that country 

5 for regaining access to private capital markets; and 

6 (4) an evaluation of the probability of the success 

7 of providing the exceptional access loan. 

8 (c) EXTRAORDINARY CIRCUMSTANCES.—The Secretary 

9 may submit the report and analysis required by subsection 

10 (a) to the Committees on Appropriations and Foreign Rela11 tions of the Senate and the Committees on Appropriations 

12 and Financial Services of the House of Representatives not 

13 later than 2 business days after a decision by the Executive 

14 Board of the Fund to approve an exceptional access loan 

15 only if the Secretary— 

16 (1) determines and certifies that— 

17 (A) an emergency exists in the country that 

18 applied for the loan and that country requires 

19 immediate assistance to avoid disrupting orderly 

20 financial markets; or 

21 (B) other extraordinary circumstances exist 

22 that warrant delaying the submission of the re23 port and analysis; and 
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1 (2) submits with the report and analysis a de2 tailed explanation of the emergency or extraordinary 

3 circumstances and the reasons for the delay. 

4 (d) FORM OF REPORT AND ANALYSIS.—The report and 

5 debt sustainability analysis and related documentation re6 quired by subsection (a) may be submitted in classified 

7 form. 

8 REPEAL OF SYSTEMIC RISK EXEMPTION TO LIMITATIONS

9 TO ACCESS POLICY OF THE INTERNATIONAL MONE10 TARY FUND

11 SEC. 9005. (a) POSITION OF THE UNITED STATES.— 

12 The Secretary of the Treasury shall direct the United States 

13 Executive Director of the International Monetary Fund (the 

14 Fund) to use the voice and vote of the United States to urge 

15 the Executive Board of the Fund to repeal the systemic risk 

16 exemption to the debt sustainability criterion of the Fund’s 

17 exceptional access framework, as set forth in paragraph 3(b) 

18 of Decision No. 14064-(08/18) of the Fund (relating to ac19 cess policy and limits in the credit tranches and under the 

20 extended Fund facility and overall access to the Fund’s gen21 eral resources, and exceptional access policy). 

22 (b) REPORT REQUIRED.—The quota increase author23 ized by the amendments made by section 9002 shall not be 

24 disbursed until the Secretary of the Treasury reports to the 

25 Committees on Appropriations and Foreign Relations of the 
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1 Senate and the Committees on Appropriations and Finan2 cial Services of the House of Representatives that the United 

3 States has taken all necessary steps to secure repeal of the 

4 systemic risk exemption to the framework described in sub5 section (a). 

6 ANNUAL REPORT ON LENDING, SURVEILLANCE, OR TECH7 NICAL ASSISTANCE POLICIES OF THE INTERNATIONAL

8 MONETARY FUND

9 SEC. 9006. Not later than one year after the date of 

10 the enactment of this Act, and annually thereafter until 

11 2025, the Secretary of the Treasury shall submit to the 

12 Committees on Appropriations and Foreign Relations of the 

13 Senate and the Committees on Appropriations and Finan14 cial Services of the House of Representatives a written re15 port that includes— 

16 (1) a description of any changes in the policies 

17 of the International Monetary Fund (the Fund) with 

18 respect to lending, surveillance, or technical assist19 ance; 

20 (2) an analysis of whether those changes, if any, 

21 increase or decrease the risk to United States finan22 cial commitments to the Fund; 

23 (3) an analysis of any new or ongoing excep24 tional access loans of the Fund in place during the 

25 year preceding the submission of the report; and 
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1 (4) a description of any changes to the excep2 tional access policies of the Fund. 

3 REPORT ON IMPROVING UNITED STATES PARTICIPATION

4 IN THE INTERNATIONAL MONETARY FUND

5 SEC. 9007. Not later than 180 days after the date of 

6 the enactment of this Act, the Secretary of the Treasury 

7 shall submit to the Committees on Appropriations and For8 eign Relations of the Senate and the Committees on Appro9 priations and Financial Services of the House of Represent10 atives a written report on ways to improve the effectiveness, 

11 and mitigate the risks, of United States participation in 

12 the International Monetary Fund (the Fund) that includes 

13 the following: 

14 (1) An analysis of recent changes to the surveil15 lance products and policies of the Fund and whether 

16 those products and policies effectively address the 

17 shortcomings of surveillance by the Fund in the peri18 ods preceding the global financial crisis that began in 

19 2008 and the European debt crisis that began in 

20 2009. 

21 (2) A discussion of ways to better encourage 

22 countries to implement policy recommendations of the 

23 Fund, including— 

24 (A) whether the implementation rate of such 

25 policy recommendations would increase if the 
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1 Fund provided regular status reports on whether 

2 countries have implemented its policy rec3 ommendations; and 

4 (B) whether or not lending by the Fund 

5 should be limited to countries that have taken 

6 necessary steps to implement such policy rec7 ommendations, including an analysis of the po8 tential effectiveness of that limitation. 

9 (3) An analysis of the transparency policy of the 

10 Fund, ways that transparency policy can be im11 proved, and whether such improvements would be ben12 eficial. 

13 (4) A detailed analysis of the riskiness of excep14 tional access loans provided by the Fund, including— 

15 (A) whether the additional interest rate sur16 charge is working as intended to discourage large 

17 and prolonged use of resources of the Fund; and 

18 (B) whether it would be beneficial for the 

19 Fund to require collateral when making excep20 tional access loans, and how requiring collateral 

21 would affect the make-up of exceptional access 

22 loans and the demand for such loans. 

23 (5) A description of how the classification of 

24 loans provided by the Fund would change if Fund 

25 quotas were increased under the amendments to the 
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1 Articles of Agreement of the Fund proposed in resolu2 tion 66–2 of the Board of Governors of the Fund, in3 cluding an assessment of how the quota increase 

4 would affect the classification of exceptional access 

5 loans outstanding as of the date of the report and 

6 whether the quota increase would lead to revisions of 

7 the classification of such loans. 

8 (6) A discussion and analysis of lessons learned 

9 from the lending arrangements that included the 

10 Fund, the European Commission, and the European 

11 Central Bank (commonly referred to as the ‘‘Troika’’) 

12 during the European debt crisis. 

13 (7) An analysis of the risks or benefits of in14 creasing the transparency of the technical assistance 

15 projects of the Fund, including a discussion of— 

16 (A) the advantages and disadvantages of the 

17 current technical assistance disclosure policies of 

18 the Fund; 

19 (B) how technical assistance from the Fund 

20 could be better used to prevent crises from hap21 pening in the future; and 

22 (C) whether and how the Fund coordinates 

23 technical assistance projects with other organiza24 tions, including the United States Department of 

25 the Treasury, to avoid duplication of efforts. 
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1 This division may be cited as the ‘‘Department of 

2 State, Foreign Operations, and Related Programs Appro3 priations Act, 2016’’. 

4 DIVISION L—TRANSPORTATION, HOUSING 

5 AND URBAN DEVELOPMENT, AND RE6 LATED AGENCIES APPROPRIATIONS 

7 ACT, 2016 

8 TITLE I 

9 DEPARTMENT OF TRANSPORTATION 

10 OFFICE OF THE SECRETARY

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of the Secretary, 

13 $108,750,000, of which not to exceed $2,734,000 shall be 

14 available for the immediate Office of the Secretary; not to 

15 exceed $1,025,000 shall be available for the immediate Of16 fice of the Deputy Secretary; not to exceed $20,609,000 shall 

17 be available for the Office of the General Counsel; not to 

18 exceed $9,941,000 shall be available for the Office of the 

19 Under Secretary of Transportation for Policy; not to exceed 

20 $13,697,000 shall be available for the Office of the Assistant 

21 Secretary for Budget and Programs; not to exceed 

22 $2,546,000 shall be available for the Office of the Assistant 

23 Secretary for Governmental Affairs; not to exceed 

24 $25,925,000 shall be available for the Office of the Assistant 

25 Secretary for Administration; not to exceed $2,029,000 shall 
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1 be available for the Office of Public Affairs; not to exceed 

2 $1,737,000 shall be available for the Office of the Executive 

3 Secretariat; not to exceed $1,434,000 shall be available for 

4 the Office of Small and Disadvantaged Business Utiliza5 tion; not to exceed $10,793,000 shall be available for the 

6 Office of Intelligence, Security, and Emergency Response; 

7 and not to exceed $16,280,000 shall be available for the Of8 fice of the Chief Information Officer: Provided, That the 

9 Secretary of Transportation is authorized to transfer funds 

10 appropriated for any office of the Office of the Secretary 

11 to any other office of the Office of the Secretary: Provided 

12 further, That no appropriation for any office shall be in13 creased or decreased by more than 5 percent by all such 

14 transfers: Provided further, That notice of any change in 

15 funding greater than 5 percent shall be submitted for ap16 proval to the House and Senate Committees on Appropria17 tions: Provided further, That not to exceed $60,000 shall 

18 be for allocation within the Department for official recep19 tion and representation expenses as the Secretary may de20 termine: Provided further, That notwithstanding any other 

21 provision of law, excluding fees authorized in Public Law 

22 107–71, there may be credited to this appropriation up to 

23 $2,500,000 in funds received in user fees: Provided further, 

24 That none of the funds provided in this Act shall be avail25 able for the position of Assistant Secretary for Public Af-
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1 fairs: Provided further, That not later than 60 days after 

2 the date of enactment of this Act, the Secretary of Transpor3 tation shall transmit to Congress the final Comprehensive 

4 Truck Size and Weight Limits Study, as required by section 

5 32801 of Public Law 112–141. 

6 RESEARCH AND TECHNOLOGY

7 For necessary expenses related to the Office of the As8 sistant Secretary for Research and Technology, 

9 $13,000,000, of which $8,218,000 shall remain available 

10 until September 30, 2018: Provided, That there may be 

11 credited to this appropriation, to be available until ex12 pended, funds received from States, counties, municipali13 ties, other public authorities, and private sources for ex14 penses incurred for training: Provided further, That any 

15 reference in law, regulation, judicial proceedings, or else16 where to the Research and Innovative Technology Adminis17 tration shall continue to be deemed to be a reference to the 

18 Office of the Assistant Secretary for Research and Tech19 nology of the Department of Transportation. 

20 NATIONAL INFRASTRUCTURE INVESTMENTS

21 For capital investments in surface transportation in22 frastructure, $500,000,000, to remain available through 

23 September 30, 2019: Provided, That the Secretary of Trans24 portation shall distribute funds provided under this heading 

25 as discretionary grants to be awarded to a State, local gov-
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1 ernment, transit agency, or a collaboration among such en2 tities on a competitive basis for projects that will have a 

3 significant impact on the Nation, a metropolitan area, or 

4 a region: Provided further, That projects eligible for funding 

5 provided under this heading shall include, but not be lim6 ited to, highway or bridge projects eligible under title 23, 

7 United States Code; public transportation projects eligible 

8 under chapter 53 of title 49, United States Code; passenger 

9 and freight rail transportation projects; and port infra10 structure investments (including inland port infrastructure 

11 and land ports of entry): Provided further, That the Sec12 retary may use up to 20 percent of the funds made available 

13 under this heading for the purpose of paying the subsidy 

14 and administrative costs of projects eligible for Federal 

15 credit assistance under chapter 6 of title 23, United States 

16 Code, if the Secretary finds that such use of the funds would 

17 advance the purposes of this paragraph: Provided further, 

18 That in distributing funds provided under this heading, the 

19 Secretary shall take such measures so as to ensure an equi20 table geographic distribution of funds, an appropriate bal21 ance in addressing the needs of urban and rural areas, and 

22 the investment in a variety of transportation modes: Pro23 vided further, That a grant funded under this heading shall 

24 be not less than $5,000,000 and not greater than 

25 $100,000,000: Provided further, That not more than 20 per-
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1 cent of the funds made available under this heading may 

2 be awarded to projects in a single State: Provided further, 

3 That the Federal share of the costs for which an expenditure 

4 is made under this heading shall be, at the option of the 

5 recipient, up to 80 percent: Provided further, That the Sec6 retary shall give priority to projects that require a contribu7 tion of Federal funds in order to complete an overall financ8 ing package: Provided further, That not less than 20 percent 

9 of the funds provided under this heading shall be for projects 

10 located in rural areas: Provided further, That for projects 

11 located in rural areas, the minimum grant size shall be 

12 $1,000,000 and the Secretary may increase the Federal 

13 share of costs above 80 percent: Provided further, That 

14 projects conducted using funds provided under this heading 

15 must comply with the requirements of subchapter IV of 

16 chapter 31 of title 40, United States Code: Provided further, 

17 That the Secretary shall conduct a new competition to select 

18 the grants and credit assistance awarded under this head19 ing: Provided further, That the Secretary may retain up 

20 to $20,000,000 of the funds provided under this heading, 

21 and may transfer portions of those funds to the Administra22 tors of the Federal Highway Administration, the Federal 

23 Transit Administration, the Federal Railroad Administra24 tion and the Maritime Administration, to fund the award 
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1 and oversight of grants and credit assistance made under 

2 the National Infrastructure Investments program. 

3 FINANCIAL MANAGEMENT CAPITAL

4 For necessary expenses for upgrading and enhancing 

5 the Department of Transportation’s financial systems and 

6 re-engineering business processes, $5,000,000, to remain 

7 available through September 30, 2017. 

8 CYBER SECURITY INITIATIVES

9 For necessary expenses for cyber security initiatives, 

10 including necessary upgrades to wide area network and in11 formation technology infrastructure, improvement of net12 work perimeter controls and identity management, testing 

13 and assessment of information technology against business, 

14 security, and other requirements, implementation of Fed15 eral cyber security initiatives and information infrastruc16 ture enhancements, implementation of enhanced security 

17 controls on network devices, and enhancement of cyber secu18 rity workforce training tools, $8,000,000, to remain avail19 able through September 30, 2017. 

20 OFFICE OF CIVIL RIGHTS

21 For necessary expenses of the Office of Civil Rights, 

22 $9,678,000. 
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1 TRANSPORTATION PLANNING, RESEARCH, AND

2 DEVELOPMENT

3 For necessary expenses for conducting transportation 

4 planning, research, systems development, development ac5 tivities, and making grants, to remain available until ex6 pended, $8,500,000: Provided, That of such amount, 

7 $2,500,000 shall be for necessary expenses to establish an 

8 Interagency Infrastructure Permitting Improvement Center 

9 (IIPIC) that will implement reforms to improve inter10 agency coordination and the expediting of projects related 

11 to the permitting and environmental review of major trans12 portation infrastructure projects including one-time ex13 penses to develop and deploy information technology tools 

14 to track project schedules and metrics and improve the 

15 transparency and accountability of the permitting process: 

16 Provided further, That there may be transferred to this ap17 propriation, to remain available until expended, amounts 

18 from other Federal agencies for expenses incurred under this 

19 heading for IIPIC activities not related to transportation 

20 infrastructure: Provided further, That the tools and anal21 ysis developed by the IIPIC shall be available to other Fed22 eral agencies for the permitting and review of major infra23 structure projects not related to transportation only to the 

24 extent that other Federal agencies provide funding to the 

25 Department as provided for under the previous proviso. 
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1 WORKING CAPITAL FUND

2 For necessary expenses for operating costs and capital 

3 outlays of the Working Capital Fund, not to exceed 

4 $190,039,000 shall be paid from appropriations made 

5 available to the Department of Transportation: Provided, 

6 That such services shall be provided on a competitive basis 

7 to entities within the Department of Transportation: Pro8 vided further, That the above limitation on operating ex9 penses shall not apply to non-DOT entities: Provided fur10 ther, That no funds appropriated in this Act to an agency 

11 of the Department shall be transferred to the Working Cap12 ital Fund without majority approval of the Working Cap13 ital Fund Steering Committee and approval of the Sec14 retary: Provided further, That no assessments may be levied 

15 against any program, budget activity, subactivity or project 

16 funded by this Act unless notice of such assessments and 

17 the basis therefor are presented to the House and Senate 

18 Committees on Appropriations and are approved by such 

19 Committees. 

20 MINORITY BUSINESS RESOURCE CENTER PROGRAM

21 For the cost of guaranteed loans, $336,000, as author22 ized by 49 U.S.C. 332: Provided, That such costs, including 

23 the cost of modifying such loans, shall be as defined in sec24 tion 502 of the Congressional Budget Act of 1974: Provided 

25 further, That these funds are available to subsidize total 
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1 loan principal, any part of which is to be guaranteed, not 

2 to exceed $18,367,000. 

3 In addition, for administrative expenses to carry out 

4 the guaranteed loan program, $597,000. 

5 MINORITY BUSINESS OUTREACH

6 For necessary expenses of Minority Business Resource 

7 Center outreach activities, $3,084,000, to remain available 

8 until September 30, 2017: Provided, That notwithstanding 

9 49 U.S.C. 332, these funds may be used for business oppor10 tunities related to any mode of transportation. 

11 PAYMENTS TO AIR CARRIERS

12 (AIRPORT AND AIRWAY TRUST FUND)

13 In addition to funds made available from any other 

14 source to carry out the essential air service program under 

15 49 U.S.C. 41731 through 41742, $175,000,000, to be derived 

16 from the Airport and Airway Trust Fund, to remain avail17 able until expended: Provided, That in determining between 

18 or among carriers competing to provide service to a commu19 nity, the Secretary may consider the relative subsidy re20 quirements of the carriers: Provided further, That basic es21 sential air service minimum requirements shall not include 

22 the 15-passenger capacity requirement under subsection 

23 41732(b)(3) of title 49, United States Code: Provided fur24 ther, That none of the funds in this Act or any other Act 

25 shall be used to enter into a new contract with a community 
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•HR 2029 EAH 

1 located less than 40 miles from the nearest small hub air2 port before the Secretary has negotiated with the commu3 nity over a local cost share: Provided further, That amounts 

4 authorized to be distributed for the essential air service pro5 gram under subsection 41742(b) of title 49, United States 

6 Code, shall be made available immediately from amounts 

7 otherwise provided to the Administrator of the Federal 

8 Aviation Administration: Provided further, That the Ad9 ministrator may reimburse such amounts from fees credited 

10 to the account established under section 45303 of title 49, 

11 United States Code. 

12 ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY

13 OF TRANSPORTATION

14 SEC. 101. None of the funds made available in this 

15 Act to the Department of Transportation may be obligated 

16 for the Office of the Secretary of Transportation to approve 

17 assessments or reimbursable agreements pertaining to funds 

18 appropriated to the modal administrations in this Act, ex19 cept for activities underway on the date of enactment of 

20 this Act, unless such assessments or agreements have com21 pleted the normal reprogramming process for Congressional 

22 notification. 

23 SEC. 102. Notwithstanding section 3324 of title 31, 

24 United States Code, in addition to authority provided by 

25 section 327 of title 49, United States Code, the Depart-
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1 ment’s Working Capital Fund is hereby authorized to pro2 vide payments in advance to vendors that are necessary to 

3 carry out the Federal transit pass transportation fringe 

4 benefit program under Executive Order 13150 and section 

5 3049 of Public Law 109–59: Provided, That the Depart6 ment shall include adequate safeguards in the contract with 

7 the vendors to ensure timely and high-quality performance 

8 under the contract. 

9 SEC. 103. The Secretary shall post on the Web site of 

10 the Department of Transportation a schedule of all meetings 

11 of the Credit Council, including the agenda for each meet12 ing, and require the Credit Council to record the decisions 

13 and actions of each meeting. 

14 SEC. 104. In addition to authority provided by section 

15 327 of title 49, United States Code, the Department’s Work16 ing Capital Fund is hereby authorized to provide partial 

17 or full payments in advance and accept subsequent reim18 bursements from all Federal agencies for transit benefit dis19 tribution services that are necessary to carry out the Fed20 eral transit pass transportation fringe benefit program 

21 under Executive Order No. 13150 and section 3049 of Pub22 lic Law 109–59: Provided, That the Department shall 

23 maintain a reasonable operating reserve in the Working 

24 Capital Fund, to be expended in advance to provide unin25 terrupted transit benefits to Government employees, pro-
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•HR 2029 EAH 

1 vided that such reserve will not exceed one month of benefits 

2 payable: Provided further, that such reserve may be used 

3 only for the purpose of providing for the continuation of 

4 transit benefits, provided that the Working Capital Fund 

5 will be fully reimbursed by each customer agency for the 

6 actual cost of the transit benefit. 

7 FEDERAL AVIATION ADMINISTRATION

8 OPERATIONS

9 (AIRPORT AND AIRWAY TRUST FUND)

10 For necessary expenses of the Federal Aviation Admin11 istration, not otherwise provided for, including operations 

12 and research activities related to commercial space trans13 portation, administrative expenses for research and develop14 ment, establishment of air navigation facilities, the oper15 ation (including leasing) and maintenance of aircraft, sub16 sidizing the cost of aeronautical charts and maps sold to 

17 the public, lease or purchase of passenger motor vehicles for 

18 replacement only, in addition to amounts made available 

19 by Public Law 112–95, $9,909,724,000 of which 

20 $7,922,000,000 shall be derived from the Airport and Air21 way Trust Fund, of which not to exceed $7,505,293,000 

22 shall be available for air traffic organization activities; not 

23 to exceed $1,258,411,000 shall be available for aviation safe24 ty activities; not to exceed $17,800,000 shall be available 

25 for commercial space transportation activities; not to exceed 
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•HR 2029 EAH 

1 $760,500,000 shall be available for finance and manage2 ment activities; not to exceed $60,089,000 shall be available 

3 for NextGen and operations planning activities; not to ex4 ceed $100,880,000 shall be available for security and haz5 ardous materials safety; and not to exceed $206,751,000 

6 shall be available for staff offices: Provided, That not to ex7 ceed 2 percent of any budget activity, except for aviation 

8 safety budget activity, may be transferred to any budget 

9 activity under this heading: Provided further, That no 

10 transfer may increase or decrease any appropriation by 

11 more than 2 percent: Provided further, That any transfer 

12 in excess of 2 percent shall be treated as a reprogramming 

13 of funds under section 405 of this Act and shall not be avail14 able for obligation or expenditure except in compliance with 

15 the procedures set forth in that section: Provided further, 

16 That not later than March 31 of each fiscal year hereafter, 

17 the Administrator of the Federal Aviation Administration 

18 shall transmit to Congress an annual update to the report 

19 submitted to Congress in December 2004 pursuant to sec20 tion 221 of Public Law 108–176: Provided further, That 

21 the amount herein appropriated shall be reduced by 

22 $100,000 for each day after March 31 that such report has 

23 not been submitted to the Congress: Provided further, That 

24 not later than March 31 of each fiscal year hereafter, the 

25 Administrator shall transmit to Congress a companion re-
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•HR 2029 EAH 

1 port that describes a comprehensive strategy for staffing, 

2 hiring, and training flight standards and aircraft certifi3 cation staff in a format similar to the one utilized for the 

4 controller staffing plan, including stated attrition estimates 

5 and numerical hiring goals by fiscal year: Provided further, 

6 That the amount herein appropriated shall be reduced by 

7 $100,000 per day for each day after March 31 that such 

8 report has not been submitted to Congress: Provided further, 

9 That funds may be used to enter into a grant agreement 

10 with a nonprofit standard-setting organization to assist in 

11 the development of aviation safety standards: Provided fur12 ther, That none of the funds in this Act shall be available 

13 for new applicants for the second career training program: 

14 Provided further, That none of the funds in this Act shall 

15 be available for the Federal Aviation Administration to fi16 nalize or implement any regulation that would promulgate 

17 new aviation user fees not specifically authorized by law 

18 after the date of the enactment of this Act: Provided further, 

19 That there may be credited to this appropriation, as offset20 ting collections, funds received from States, counties, mu21 nicipalities, foreign authorities, other public authorities, 

22 and private sources for expenses incurred in the provision 

23 of agency services, including receipts for the maintenance 

24 and operation of air navigation facilities, and for issuance, 

25 renewal or modification of certificates, including airman, 
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•HR 2029 EAH 

1 aircraft, and repair station certificates, or for tests related 

2 thereto, or for processing major repair or alteration forms: 

3 Provided further, That of the funds appropriated under this 

4 heading, not less than $154,400,000 shall be for the contract 

5 tower program, including the contract tower cost share pro6 gram: Provided further, That none of the funds in this Act 

7 for aeronautical charting and cartography are available for 

8 activities conducted by, or coordinated through, the Work9 ing Capital Fund: Provided further, That not later than 

10 60 days after enactment of this Act, the Administrator shall 

11 review and update the agency’s ‘‘Community Involvement 

12 Manual’’ related to new air traffic procedures, public out13 reach and community involvement: Provided further, That 

14 the Administrator shall complete and implement a plan 

15 which enhances community involvement techniques and 

16 proactively addresses concerns associated with performance 

17 based navigation projects: Provided further, That the Ad18 ministrator shall transmit, in electronic format, the com19 munity involvement manual and plan to the House and 

20 Senate Committees on Appropriations, the House Com21 mittee on Transportation and Infrastructure, and the Sen22 ate Committee on Commerce, Science and Transportation 

23 not later than 180 days after enactment of this Act. 
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•HR 2029 EAH 

1 FACILITIES AND EQUIPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For necessary expenses, not otherwise provided for, for 

4 acquisition, establishment, technical support services, im5 provement by contract or purchase, and hire of national 

6 airspace systems and experimental facilities and equip7 ment, as authorized under part A of subtitle VII of title 

8 49, United States Code, including initial acquisition of nec9 essary sites by lease or grant; engineering and service test10 ing, including construction of test facilities and acquisition 

11 of necessary sites by lease or grant; construction and fur12 nishing of quarters and related accommodations for officers 

13 and employees of the Federal Aviation Administration sta14 tioned at remote localities where such accommodations are 

15 not available; and the purchase, lease, or transfer of aircraft 

16 from funds available under this heading, including aircraft 

17 for aviation regulation and certification; to be derived from 

18 the Airport and Airway Trust Fund, $2,855,000,000, of 

19 which $470,049,000 shall remain available until September 

20 30, 2016, and $2,384,951,000 shall remain available until 

21 September 30, 2018: Provided, That there may be credited 

22 to this appropriation funds received from States, counties, 

23 municipalities, other public authorities, and private 

24 sources, for expenses incurred in the establishment, im25 provement, and modernization of national airspace sys-
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•HR 2029 EAH 

1 tems: Provided further, That no later than March 31, the 

2 Secretary of Transportation shall transmit to the Congress 

3 an investment plan for the Federal Aviation Administra4 tion which includes funding for each budget line item for 

5 fiscal years 2017 through 2021, with total funding for each 

6 year of the plan constrained to the funding targets for those 

7 years as estimated and approved by the Office of Manage8 ment and Budget: Provided further, That the amount herein 

9 appropriated shall be reduced by $100,000 per day for each 

10 day after March 31 that such report has not been submitted 

11 to Congress. 

12 RESEARCH, ENGINEERING, AND DEVELOPMENT

13 (AIRPORT AND AIRWAY TRUST FUND)

14 For necessary expenses, not otherwise provided for, for 

15 research, engineering, and development, as authorized 

16 under part A of subtitle VII of title 49, United States Code, 

17 including construction of experimental facilities and acqui18 sition of necessary sites by lease or grant, $166,000,000, to 

19 be derived from the Airport and Airway Trust Fund and 

20 to remain available until September 30, 2018: Provided, 

21 That there may be credited to this appropriation as offset22 ting collections, funds received from States, counties, mu23 nicipalities, other public authorities, and private sources, 

24 which shall be available for expenses incurred for research, 

25 engineering, and development. 
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•HR 2029 EAH 

1 GRANTS-IN-AID FOR AIRPORTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (AIRPORT AND AIRWAY TRUST FUND)

5 (INCLUDING TRANSFER OF FUNDS)

6 For liquidation of obligations incurred for grants-in7 aid for airport planning and development, and noise com8 patibility planning and programs as authorized under sub9 chapter I of chapter 471 and subchapter I of chapter 475 

10 of title 49, United States Code, and under other law author11 izing such obligations; for procurement, installation, and 

12 commissioning of runway incursion prevention devices and 

13 systems at airports of such title; for grants authorized under 

14 section 41743 of title 49, United States Code; and for in15 spection activities and administration of airport safety pro16 grams, including those related to airport operating certifi17 cates under section 44706 of title 49, United States Code, 

18 $3,600,000,000, to be derived from the Airport and Airway 

19 Trust Fund and to remain available until expended: Pro20 vided, That none of the funds under this heading shall be 

21 available for the planning or execution of programs the obli22 gations for which are in excess of $3,350,000,000 in fiscal 

23 year 2016, notwithstanding section 47117(g) of title 49, 

24 United States Code: Provided further, That none of the 

25 funds under this heading shall be available for the replace-
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•HR 2029 EAH 

1 ment of baggage conveyor systems, reconfiguration of ter2 minal baggage areas, or other airport improvements that 

3 are necessary to install bulk explosive detection systems: 

4 Provided further, That notwithstanding section 47109(a) of 

5 title 49, United States Code, the Government’s share of al6 lowable project costs under paragraph (2) for subgrants or 

7 paragraph (3) of that section shall be 95 percent for a 

8 project at other than a large or medium hub airport that 

9 is a successive phase of a multi-phased construction project 

10 for which the project sponsor received a grant in fiscal year 

11 2011 for the construction project: Provided further, That 

12 notwithstanding any other provision of law, of funds lim13 ited under this heading, not more than $107,100,000 shall 

14 be obligated for administration, not less than $15,000,000 

15 shall be available for the Airport Cooperative Research Pro16 gram, not less than $31,000,000 shall be available for Air17 port Technology Research, and $5,000,000, to remain avail18 able until expended, shall be available and transferred to 

19 ‘‘Office of the Secretary, Salaries and Expenses’’ to carry 

20 out the Small Community Air Service Development Pro21 gram: Provided further, That in addition to airports eligi22 ble under section 41743 of title 49, such program may in23 clude the participation of an airport that serves a commu24 nity or consortium that is not larger than a small hub air25 port, according to FAA hub classifications effective at the 
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•HR 2029 EAH 

1 time the Office of the Secretary issues a request for pro2 posals. 

3 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

4 ADMINISTRATION

5 SEC. 110. None of the funds in this Act may be used 

6 to compensate in excess of 600 technical staff-years under 

7 the federally funded research and development center con8 tract between the Federal Aviation Administration and the 

9 Center for Advanced Aviation Systems Development during 

10 fiscal year 2016. 

11 SEC. 111. None of the funds in this Act shall be used 

12 to pursue or adopt guidelines or regulations requiring air13 port sponsors to provide to the Federal Aviation Adminis14 tration without cost building construction, maintenance, 

15 utilities and expenses, or space in airport sponsor-owned 

16 buildings for services relating to air traffic control, air 

17 navigation, or weather reporting: Provided, That the prohi18 bition of funds in this section does not apply to negotiations 

19 between the agency and airport sponsors to achieve agree20 ment on ‘‘below-market’’ rates for these items or to grant 

21 assurances that require airport sponsors to provide land 

22 without cost to the FAA for air traffic control facilities. 

23 SEC. 112. The Administrator of the Federal Aviation 

24 Administration may reimburse amounts made available to 

25 satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 
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•HR 2029 EAH 

1 U.S.C. 45303 and any amount remaining in such account 

2 at the close of that fiscal year may be made available to 

3 satisfy section 41742(a)(1) for the subsequent fiscal year. 

4 SEC. 113. Amounts collected under section 40113(e) of 

5 title 49, United States Code, shall be credited to the appro6 priation current at the time of collection, to be merged with 

7 and available for the same purposes of such appropriation. 

8 SEC. 114. None of the funds in this Act shall be avail9 able for paying premium pay under subsection 5546(a) of 

10 title 5, United States Code, to any Federal Aviation Admin11 istration employee unless such employee actually performed 

12 work during the time corresponding to such premium pay. 

13 SEC. 115. None of the funds in this Act may be obli14 gated or expended for an employee of the Federal Aviation 

15 Administration to purchase a store gift card or gift certifi16 cate through use of a Government-issued credit card. 

17 SEC. 116. The Secretary shall apportion to the sponsor 

18 of an airport that received scheduled or unscheduled air 

19 service from a large certified air carrier (as defined in part 

20 241 of title 14 Code of Federal Regulations, or such other 

21 regulations as may be issued by the Secretary under the 

22 authority of section 41709) an amount equal to the min23 imum apportionment specified in 49 U.S.C. 47114(c), if 

24 the Secretary determines that airport had more than 10,000 

25 passenger boardings in the preceding calendar year, based 
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•HR 2029 EAH 

1 on data submitted to the Secretary under part 241 of title 

2 14, Code of Federal Regulations. 

3 SEC. 117. None of the funds in this Act may be obli4 gated or expended for retention bonuses for an employee of 

5 the Federal Aviation Administration without the prior 

6 written approval of the Assistant Secretary for Administra7 tion of the Department of Transportation. 

8 SEC. 118. Notwithstanding any other provision of law, 

9 none of the funds made available under this Act or any 

10 prior Act may be used to implement or to continue to im11 plement any limitation on the ability of any owner or oper12 ator of a private aircraft to obtain, upon a request to the 

13 Administrator of the Federal Aviation Administration, a 

14 blocking of that owner’s or operator’s aircraft registration 

15 number from any display of the Federal Aviation Adminis16 tration’s Aircraft Situational Display to Industry data 

17 that is made available to the public, except data made 

18 available to a Government agency, for the noncommercial 

19 flights of that owner or operator. 

20 SEC. 119. None of the funds in this Act shall be avail21 able for salaries and expenses of more than nine political 

22 and Presidential appointees in the Federal Aviation Ad23 ministration. 

24 SEC. 119A. None of the funds made available under 

25 this Act may be used to increase fees pursuant to section 
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1 44721 of title 49, United States Code, until the FAA pro2 vides to the House and Senate Committees on Appropria3 tions a report that justifies all fees related to aeronautical 

4 navigation products and explains how such fees are con5 sistent with Executive Order 13642. 

6 SEC. 119B. None of the funds in this Act may be used 

7 to close a regional operations center of the Federal Aviation 

8 Administration or reduce its services unless the Adminis9 trator notifies the House and Senate Committees on Appro10 priations not less than 90 full business days in advance. 

11 SEC. 119C. None of the funds appropriated or limited 

12 by this Act may be used to change weight restrictions or 

13 prior permission rules at Teterboro airport in Teterboro, 

14 New Jersey. 

15 FEDERAL HIGHWAY ADMINISTRATION

16 LIMITATION ON ADMINISTRATIVE EXPENSES

17 (HIGHWAY TRUST FUND)

18 (INCLUDING TRANSFER OF FUNDS)

19 Not to exceed $425,752,000, together with advances 

20 and reimbursements received by the Federal Highway Ad21 ministration, shall be obligated for necessary expenses for 

22 administration and operation of the Federal Highway Ad23 ministration. In addition, not to exceed $3,248,000 shall 

24 be transferred to the Appalachian Regional Commission in 

25 accordance with section 104 of title 23, United States Code. 
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•HR 2029 EAH 

1 FEDERAL-AID HIGHWAYS

2 (LIMITATION ON OBLIGATIONS)

3 (HIGHWAY TRUST FUND)

4 Funds available for the implementation or execution 

5 of Federal-aid highway and highway safety construction 

6 programs authorized under titles 23 and 49, United States 

7 Code, and the provisions of the Fixing America’s Surface 

8 Transportation Act shall not exceed total obligations of 

9 $42,361,000,000 for fiscal year 2016: Provided, That the 

10 Secretary may collect and spend fees, as authorized by title 

11 23, United States Code, to cover the costs of services of ex12 pert firms, including counsel, in the field of municipal and 

13 project finance to assist in the underwriting and servicing 

14 of Federal credit instruments and all or a portion of the 

15 costs to the Federal Government of servicing such credit in16 struments: Provided further, That such fees are available 

17 until expended to pay for such costs: Provided further, That 

18 such amounts are in addition to administrative expenses 

19 that are also available for such purpose, and are not subject 

20 to any obligation limitation or the limitation on adminis21 trative expenses under section 608 of title 23, United States 

22 Code. 
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•HR 2029 EAH 

1 (LIQUIDATION OF CONTRACT AUTHORIZATION)

2 (HIGHWAY TRUST FUND)

3 For the payment of obligations incurred in carrying 

4 out Federal-aid highway and highway safety construction 

5 programs authorized under title 23, United States Code, 

6 $43,100,000,000 derived from the Highway Trust Fund 

7 (other than the Mass Transit Account), to remain available 

8 until expended. 

9 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

10 ADMINISTRATION

11 SEC. 120. (a) For fiscal year 2016, the Secretary of 

12 Transportation shall— 

13 (1) not distribute from the obligation limitation 

14 for Federal-aid highways— 

15 (A) amounts authorized for administrative 

16 expenses and programs by section 104(a) of title 

17 23, United States Code; and 

18 (B) amounts authorized for the Bureau of 

19 Transportation Statistics; 

20 (2) not distribute an amount from the obligation 

21 limitation for Federal-aid highways that is equal to 

22 the unobligated balance of amounts— 

23 (A) made available from the Highway Trust 

24 Fund (other than the Mass Transit Account) for 

25 Federal-aid highway and highway safety con-
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•HR 2029 EAH 

1 struction programs for previous fiscal years the 

2 funds for which are allocated by the Secretary 

3 (or apportioned by the Secretary under sections 

4 202 or 204 of title 23, United States Code); and 

5 (B) for which obligation limitation was 

6 provided in a previous fiscal year; 

7 (3) determine the proportion that— 

8 (A) the obligation limitation for Federal-aid 

9 highways, less the aggregate of amounts not dis10 tributed under paragraphs (1) and (2) of this 

11 subsection; bears to 

12 (B) the total of the sums authorized to be 

13 appropriated for the Federal-aid highway and 

14 highway safety construction programs (other 

15 than sums authorized to be appropriated for pro16 visions of law described in paragraphs (1) 

17 through (11) of subsection (b) and sums author18 ized to be appropriated for section 119 of title 

19 23, United States Code, equal to the amount re20 ferred to in subsection (b)(12) for such fiscal 

21 year), less the aggregate of the amounts not dis22 tributed under paragraphs (1) and (2) of this 

23 subsection; 

24 (4) distribute the obligation limitation for Fed25 eral-aid highways, less the aggregate amounts not dis-
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•HR 2029 EAH 

1 tributed under paragraphs (1) and (2), for each of the 

2 programs (other than programs to which paragraph 

3 (1) applies) that are allocated by the Secretary under 

4 the Fixing America’s Surface Transportation Act and 

5 title 23, United States Code, or apportioned by the 

6 Secretary under sections 202 or 204 of that title, by 

7 multiplying— 

8 (A) the proportion determined under para9 graph (3); by 

10 (B) the amounts authorized to be appro11 priated for each such program for such fiscal 

12 year; and 

13 (5) distribute the obligation limitation for Fed14 eral-aid highways, less the aggregate amounts not dis15 tributed under paragraphs (1) and (2) and the 

16 amounts distributed under paragraph (4), for Fed17 eral-aid highway and highway safety construction 

18 programs that are apportioned by the Secretary 

19 under title 23, United States Code (other than the 

20 amounts apportioned for the National Highway Per21 formance Program in section 119 of title 23, United 

22 States Code, that are exempt from the limitation 

23 under subsection (b)(12) and the amounts appor24 tioned under sections 202 and 204 of that title) in the 

25 proportion that— 
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•HR 2029 EAH 

1 (A) amounts authorized to be appropriated 

2 for the programs that are apportioned under title 

3 23, United States Code, to each State for such 

4 fiscal year; bears to 

5 (B) the total of the amounts authorized to 

6 be appropriated for the programs that are ap7 portioned under title 23, United States Code, to 

8 all States for such fiscal year. 

9 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

10 The obligation limitation for Federal-aid highways shall 

11 not apply to obligations under or for— 

12 (1) section 125 of title 23, United States Code; 

13 (2) section 147 of the Surface Transportation As14 sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 

15 2714); 

16 (3) section 9 of the Federal-Aid Highway Act of 

17 1981 (95 Stat. 1701); 

18 (4) subsections (b) and (j) of section 131 of the 

19 Surface Transportation Assistance Act of 1982 (96 

20 Stat. 2119); 

21 (5) subsections (b) and (c) of section 149 of the 

22 Surface Transportation and Uniform Relocation As23 sistance Act of 1987 (101 Stat. 198); 
1441 

•HR 2029 EAH 

1 (6) sections 1103 through 1108 of the Intermodal 

2 Surface Transportation Efficiency Act of 1991 (105 

3 Stat. 2027); 

4 (7) section 157 of title 23, United States Code 

5 (as in effect on June 8, 1998); 

6 (8) section 105 of title 23, United States Code 

7 (as in effect for fiscal years 1998 through 2004, but 

8 only in an amount equal to $639,000,000 for each of 

9 those fiscal years); 

10 (9) Federal-aid highway programs for which ob11 ligation authority was made available under the 

12 Transportation Equity Act for the 21st Century (112 

13 Stat. 107) or subsequent Acts for multiple years or to 

14 remain available until expended, but only to the ex15 tent that the obligation authority has not lapsed or 

16 been used; 

17 (10) section 105 of title 23, United States Code 

18 (as in effect for fiscal years 2005 through 2012, but 

19 only in an amount equal to $639,000,000 for each of 

20 those fiscal years); 

21 (11) section 1603 of SAFETEA–LU (23 U.S.C. 

22 118 note; 119 Stat. 1248), to the extent that funds ob23 ligated in accordance with that section were not sub24 ject to a limitation on obligations at the time at 
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1 which the funds were initially made available for ob2 ligation; and 

3 (12) section 119 of title 23, United States Code 

4 (but, for each of fiscal years 2013 through 2016, only 

5 in an amount equal to $639,000,000). 

6 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU7 THORITY.—Notwithstanding subsection (a), the Secretary 

8 shall, after August 1 of such fiscal year— 

9 (1) revise a distribution of the obligation limita10 tion made available under subsection (a) if an 

11 amount distributed cannot be obligated during that 

12 fiscal year; and 

13 (2) redistribute sufficient amounts to those States 

14 able to obligate amounts in addition to those pre15 viously distributed during that fiscal year, giving pri16 ority to those States having large unobligated bal17 ances of funds apportioned under sections 144 (as in 

18 effect on the day before the date of enactment of Pub19 lic Law 112–141) and 104 of title 23, United States 

20 Code. 

21 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

22 TRANSPORTATION RESEARCH PROGRAMS.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), the obligation limitation for Federal-aid 
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1 highways shall apply to contract authority for trans2 portation research programs carried out under— 

3 (A) chapter 5 of title 23, United States 

4 Code; and 

5 (B) title VI of the Fixing America’s Surface 

6 Transportation Act. 

7 (2) EXCEPTION.—Obligation authority made 

8 available under paragraph (1) shall— 

9 (A) remain available for a period of 4 fiscal 

10 years; and 

11 (B) be in addition to the amount of any 

12 limitation imposed on obligations for Federal13 aid highway and highway safety construction 

14 programs for future fiscal years. 

15 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

16 FUNDS.— 

17 (1) IN GENERAL.—Not later than 30 days after 

18 the date of distribution of obligation limitation under 

19 subsection (a), the Secretary shall distribute to the 

20 States any funds (excluding funds authorized for the 

21 program under section 202 of title 23, United States 

22 Code) that— 

23 (A) are authorized to be appropriated for 

24 such fiscal year for Federal-aid highway pro25 grams; and 
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1 (B) the Secretary determines will not be al2 located to the States (or will not be apportioned 

3 to the States under section 204 of title 23, 

4 United States Code), and will not be available 

5 for obligation, for such fiscal year because of the 

6 imposition of any obligation limitation for such 

7 fiscal year. 

8 (2) RATIO.—Funds shall be distributed under 

9 paragraph (1) in the same proportion as the distribu10 tion of obligation authority under subsection (a)(5). 

11 (3) AVAILABILITY.—Funds distributed to each 

12 State under paragraph (1) shall be available for any 

13 purpose described in section 133(b) of title 23, United 

14 States Code. 

15 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re16 ceived by the Bureau of Transportation Statistics from the 

17 sale of data products, for necessary expenses incurred pur18 suant to chapter 63 of title 49, United States Code, may 

19 be credited to the Federal-aid highways account for the pur20 pose of reimbursing the Bureau for such expenses: Provided, 

21 That such funds shall be subject to the obligation limitation 

22 for Federal-aid highway and highway safety construction 

23 programs. 

24 SEC. 122. Not less than 15 days prior to waiving, 

25 under his or her statutory authority, any Buy America re-
1445 

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1 quirement for Federal-aid highways projects, the Secretary 

2 of Transportation shall make an informal public notice and 

3 comment opportunity on the intent to issue such waiver and 

4 the reasons therefor: Provided, That the Secretary shall pro5 vide an annual report to the House and Senate Committees 

6 on Appropriations on any waivers granted under the Buy 

7 America requirements. 

8 SEC. 123. None of the funds in this Act to the Depart9 ment of Transportation may be used to provide credit as10 sistance unless not less than 3 days before any application 

11 approval to provide credit assistance under sections 603 

12 and 604 of title 23, United States Code, the Secretary of 

13 Transportation provides notification in writing to the fol14 lowing committees: the House and Senate Committees on 

15 Appropriations; the Committee on Environment and Public 

16 Works and the Committee on Banking, Housing and Urban 

17 Affairs of the Senate; and the Committee on Transportation 

18 and Infrastructure of the House of Representatives: Pro19 vided, That such notification shall include, but not be lim20 ited to, the name of the project sponsor; a description of 

21 the project; whether credit assistance will be provided as 

22 a direct loan, loan guarantee, or line of credit; and the 

23 amount of credit assistance. 

24 SEC. 124. Section 127 of title 23, United States Code, 

25 is amended— 
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1 (1) in each of subsections (a)(11)(A) and (B) by 

2 striking ‘‘through December 31, 2031’’, and 

3 (2) by inserting at the end the following: 

4 ‘‘(t) VEHICLES IN IDAHO.—A vehicle limited or pro5 hibited under this section from operating on a segment of 

6 the Interstate System in the State of Idaho may operate 

7 on such a segment if such vehicle– 

8 ‘‘(1) has a gross vehicle weight of 129,000 pounds 

9 or less; 

10 ‘‘(2) other than gross vehicle weight, complies 

11 with the single axle, tandem axle, and bridge formula 

12 limits set forth in subsection (a); and 

13 ‘‘(3) is authorized to operate on such segment 

14 under Idaho State law.’’. 

15 SEC. 125. (a) A State or territory, as defined in section 

16 165 of title 23, United States Code, may use for any project 

17 eligible under section 133(b) of title 23 or section 165 of 

18 title 23 and located within the boundary of the State or 

19 territory any earmarked amount, and any associated obli20 gation limitation, provided that the Department of Trans21 portation for the State or territory for which the earmarked 

22 amount was originally designated or directed notifies the 

23 Secretary of Transportation of its intent to use its authority 

24 under this section and submits a quarterly report to the 

25 Secretary identifying the projects to which the funding 
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•HR 2029 EAH 

1 would be applied. Notwithstanding the original period of 

2 availability of funds to be obligated under this section, such 

3 funds and associated obligation limitation shall remain 

4 available for obligation for a period of 3 fiscal years after 

5 the fiscal year in which the Secretary of Transportation 

6 is notified. The Federal share of the cost of a project carried 

7 out with funds made available under this section shall be 

8 the same as associated with the earmark. 

9 (b) In this section, the term ‘‘earmarked amount’’ 

10 means— 

11 (1) congressionally directed spending, as defined 

12 in rule XLIV of the Standing Rules of the Senate, 

13 identified in a prior law, report, or joint explanatory 

14 statement, which was authorized to be appropriated 

15 or appropriated more than 10 fiscal years prior to 

16 the fiscal year in which this Act becomes effective, and 

17 administered by the Federal Highway Administra18 tion; or 

19 (2) a congressional earmark, as defined in rule 

20 XXI of the Rules of the House of Representatives iden21 tified in a prior law, report, or joint explanatory 

22 statement, which was authorized to be appropriated 

23 or appropriated more than 10 fiscal years prior to 

24 the fiscal year in which this Act becomes effective, and 
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•HR 2029 EAH 

1 administered by the Federal Highway Administra2 tion. 

3 (c) The authority under subsection (a) may be exer4 cised only for those projects or activities that have obligated 

5 less than 10 percent of the amount made available for obli6 gation as of the effective date of this Act, and shall be ap7 plied to projects within the same general geographic area 

8 within 50 miles for which the funding was designated, ex9 cept that a State or territory may apply such authority 

10 to unexpended balances of funds from projects or activities 

11 the State or territory certifies have been closed and for 

12 which payments have been made under a final voucher. 

13 (d) The Secretary shall submit consolidated reports of 

14 the information provided by the States and territories each 

15 quarter to the House and Senate Committees on Appropria16 tions. 

17 SEC. 126. Notwithstanding any other provision of law, 

18 the amount that the Secretary sets aside for fiscal year 2016 

19 under section 130(e)(1) of title 23, United States Code, for 

20 the elimination of hazards and the installation of protective 

21 devices at railway-highway crossings shall be $350,000,000. 
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1 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

2 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

3 (LIQUIDATION OF CONTRACT AUTHORIZATION)

4 (LIMITATION ON OBLIGATIONS)

5 (HIGHWAY TRUST FUND)

6 For payment of obligations incurred in the implemen7 tation, execution and administration of motor carrier safe8 ty operations and programs pursuant to section 31110(a)– 

9 (c) of title 49, United States Code, and section 4134 of Pub10 lic Law 109–59, as amended by Public Law 112–141, as 

11 amended by the Fixing America’s Surface Transportation 

12 Act, $267,400,000, to be derived from the Highway Trust 

13 Fund (other than the Mass Transit Account), together with 

14 advances and reimbursements received by the Federal Motor 

15 Carrier Safety Administration, the sum of which shall re16 main available until expended: Provided, That funds avail17 able for implementation, execution or administration of 

18 motor carrier safety operations and programs authorized 

19 under title 49, United States Code, shall not exceed total 

20 obligations of $267,400,000 for ‘‘Motor Carrier Safety Oper21 ations and Programs’’ for fiscal year 2016, of which 

22 $9,000,000, to remain available for obligation until Sep23 tember 30, 2018, is for the research and technology pro24 gram, and of which $34,545,000, to remain available for 

25 obligation until September 30, 2018, is for information 
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•HR 2029 EAH 

1 management: Provided further, That $1,000,000 shall be 

2 made available for commercial motor vehicle operator 

3 grants to carry out section 4134 of Public Law 109–59, as 

4 amended by Public Law 112–141, as amended by the Fix5 ing America’s Surface Transportation Act. 

6 MOTOR CARRIER SAFETY GRANTS

7 (LIQUIDATION OF CONTRACT AUTHORIZATION)

8 (LIMITATION ON OBLIGATIONS)

9 (HIGHWAY TRUST FUND)

10 For payment of obligations incurred in carrying out 

11 sections 31102, 31104(a), 31106, 31107, 31109, 31309, 

12 31313 of title 49, United States Code, and sections 4126 

13 and 4128 of Public Law 109–59, as amended by Public 

14 Law 112–141, as amended by the Fixing America’s Surface 

15 Transportation Act, $313,000,000, to be derived from the 

16 Highway Trust Fund (other than the Mass Transit Ac17 count) and to remain available until expended: Provided, 

18 That funds available for the implementation or execution 

19 of motor carrier safety programs shall not exceed total obli20 gations of $313,000,000 in fiscal year 2016 for ‘‘Motor Car21 rier Safety Grants’’; of which $218,000,000 shall be avail22 able for the motor carrier safety assistance program, 

23 $30,000,000 shall be available for commercial driver’s li24 cense program improvement grants, $32,000,000 shall be 

25 available for border enforcement grants, $5,000,000 shall be 
1451 

•HR 2029 EAH 

1 available for performance and registration information sys2 tem management grants, $25,000,000 shall be available for 

3 the commercial vehicle information systems and networks 

4 deployment program, and $3,000,000 shall be available for 

5 safety data improvement grants: Provided further, That, of 

6 the funds made available herein for the motor carrier safety 

7 assistance program, $32,000,000 shall be available for au8 dits of new entrant motor carriers. 

9 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER

10 SAFETY ADMINISTRATION

11 SEC. 130. (a) Funds appropriated or limited in this 

12 Act shall be subject to the terms and conditions stipulated 

13 in section 350 of Public Law 107–87 and section 6901 of 

14 Public Law 110–28. 

15 (b) Section 350(d) of the Department of Transpor16 tation and Related Agencies Appropriation Act, 2002 (Pub17 lic Law 107–87) is hereby repealed. 

18 SEC. 131. The Federal Motor Carrier Safety Adminis19 tration shall send notice of 49 CFR section 385.308 viola20 tions by certified mail, registered mail, or another manner 

21 of delivery, which records the receipt of the notice by the 

22 persons responsible for the violations. 

23 SEC. 132. None of the funds limited or otherwise made 

24 available under this Act, or any other Act, hereafter, shall 

25 be used by the Secretary to enforce any regulation prohib-
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1 iting a State from issuing a commercial learner’s permit 

2 to individuals under the age of eighteen if the State had 

3 a law authorizing the issuance of commercial learner’s per4 mits to individuals under eighteen years of age as of May 

5 9, 2011. 

6 SEC. 133. None of the funds appropriated or otherwise 

7 made available by this Act or any other Act may be used 

8 to implement, administer, or enforce sections 395.3(c) and 

9 395.3(d) of title 49, Code of Federal Regulations, and such 

10 section shall have no force or effect on submission of the 

11 final report issued by the Secretary, as required by section 

12 133 of division K of Public Law 113–235, unless the Sec13 retary and the Inspector General of the Department of 

14 Transportation each review and determine that the final 

15 report— 

16 (1) meets the statutory requirements set forth in 

17 such section; and 

18 (2) establishes that commercial motor vehicle 

19 drivers who operated under the restart provisions in 

20 effect between July 1, 2013, and the day before the 

21 date of enactment of such Public Law demonstrated 

22 statistically significant improvement in all outcomes 

23 related to safety, operator fatigue, driver health and 

24 longevity, and work schedules, in comparison to com-
1453 

•HR 2029 EAH 

1 mercial motor vehicle drivers who operated under the 

2 restart provisions in effect on June 30, 2013. 

3 SEC. 134. None of the funds limited or otherwise made 

4 available under the heading ‘‘Motor Carrier Safety Oper5 ations and Programs’’ may be used to deny an application 

6 to renew a Hazardous Materials Safety Program permit for 

7 a motor carrier based on that carrier’s Hazardous Mate8 rials Out-of-Service rate, unless the carrier has the oppor9 tunity to submit a written description of corrective actions 

10 taken, and other documentation the carrier wishes the Sec11 retary to consider, including submitting a corrective action 

12 plan, and the Secretary determines the actions or plan is 

13 insufficient to address the safety concerns that resulted in 

14 that Hazardous Materials Out-of-Service rate. 

15 SEC. 135. None of the funds made available by this 

16 Act or previous appropriations Acts under the heading 

17 ‘‘Motor Carrier Safety Operations and Programs’’ shall be 

18 used to pay for costs associated with design, development, 

19 testing, or implementation of a wireless roadside inspection 

20 program until 180 days after the Secretary of Transpor21 tation certifies to the House and Senate Committees on Ap22 propriations that such program does not conflict with exist23 ing non-Federal electronic screening systems, create capa24 bilities already available, or require additional statutory 

25 authority to incorporate generated inspection data into 
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•HR 2029 EAH 

1 safety determinations or databases, and has restrictions to 

2 specifically address privacy concerns of affected motor car3 riers and operators: Provided, That nothing in this section 

4 shall be construed as affecting the Department’s ongoing re5 search efforts in this area. 

6 SEC. 136. Section 13506(a) of title 49, United States 

7 Code, is amended: 

8 (1) in subsection (14) by striking ‘‘or’’; 

9 (2) in subsection (15) by striking ‘‘.’’ and insert10 ing ‘‘; or’’; and 

11 (3) by inserting at the end, ‘‘(16) the transpor12 tation of passengers by 9 to 15 passenger motor vehi13 cles operated by youth or family camps that provide 

14 recreational or educational activities.’’. 

15 SEC. 137. (a) IN GENERAL.—Section 31112(c)(5) of 

16 title 49, United States Code, is amended— 

17 (1) by striking ‘‘Nebraska may’’ and inserting 

18 ‘‘Nebraska and Kansas may’’; and 

19 (2) by striking ‘‘the State of Nebraska’’ and in20 serting ‘‘the relevant state’’. 

21 (b) CONFORMING AND TECHNICAL AMENDMENTS.— 

22 Section 31112(c) of such title is amended— 

23 (1) by striking the subsection designation and 

24 heading and inserting the following: 
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•HR 2029 EAH 

1 ‘‘(c) SPECIAL RULES FOR WYOMING, OHIO, ALASKA, 

2 IOWA, NEBRASKA, AND KANSAS.—’’; 

3 (2) by striking ‘‘; and’’ at the end of paragraph 

4 (3) and inserting a semicolon; and 

5 (3) by striking the period at the end of para6 graph (4) and inserting ‘‘; and’’. 

7 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

8 OPERATIONS AND RESEARCH

9 For expenses necessary to discharge the functions of the 

10 Secretary, with respect to traffic and highway safety au11 thorized under chapter 301 and part C of subtitle VI of 

12 title 49, United States Code, $152,800,000, of which 

13 $20,000,000 shall remain available through September 30, 

14 2017. 

15 OPERATIONS AND RESEARCH

16 (LIQUIDATION OF CONTRACT AUTHORIZATION)

17 (LIMITATION ON OBLIGATIONS)

18 (HIGHWAY TRUST FUND)

19 For payment of obligations incurred in carrying out 

20 the provisions of 23 U.S.C. 403, and chapter 303 of title 

21 49, United States Code, $142,900,000, to be derived from 

22 the Highway Trust Fund (other than the Mass Transit Ac23 count) and to remain available until expended: Provided, 

24 That none of the funds in this Act shall be available for 

25 the planning or execution of programs the total obligations 
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1 for which, in fiscal year 2016, are in excess of $142,900,000, 

2 of which $137,800,000 shall be for programs authorized 

3 under 23 U.S.C. 403 and $5,100,000 shall be for the Na4 tional Driver Register authorized under chapter 303 of title 

5 49, United States Code: Provided further, That within the 

6 $142,900,000 obligation limitation for operations and re7 search, $20,000,000 shall remain available until September 

8 30, 2017, and shall be in addition to the amount of any 

9 limitation imposed on obligations for future years. 

10 HIGHWAY TRAFFIC SAFETY GRANTS

11 (LIQUIDATION OF CONTRACT AUTHORIZATION)

12 (LIMITATION ON OBLIGATIONS)

13 (HIGHWAY TRUST FUND)

14 For payment of obligations incurred in carrying out 

15 provisions of 23 U.S.C. 402, 404, and 405, and section 

16 4001(a)(6) of the Fixing America’s Surface Transportation 

17 Act, to remain available until expended, $573,332,000, to 

18 be derived from the Highway Trust Fund (other than the 

19 Mass Transit Account): Provided, That none of the funds 

20 in this Act shall be available for the planning or execution 

21 of programs the total obligations for which, in fiscal year 

22 2016, are in excess of $573,332,000 for programs authorized 

23 under 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) 

24 of the Fixing America’s Surface Transportation Act, of 

25 which $243,500,000 shall be for ‘‘Highway Safety Pro-
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•HR 2029 EAH 

1 grams’’ under 23 U.S.C. 402; $274,700,000 shall be for 

2 ‘‘National Priority Safety Programs’’ under 23 U.S.C. 405; 

3 $29,300,000 shall be for ‘‘High Visibility Enforcement Pro4 gram’’ under 23 U.S.C. 404; $25,832,000 shall be for ‘‘Ad5 ministrative Expenses’’ under section 4001(a)(6) of the Fix6 ing America’s Surface Transportation Act: Provided fur7 ther, That none of these funds shall be used for construction, 

8 rehabilitation, or remodeling costs, or for office furnishings 

9 and fixtures for State, local or private buildings or struc10 tures: Provided further, That not to exceed $500,000 of the 

11 funds made available for ‘‘National Priority Safety Pro12 grams’’ under 23 U.S.C. 405 for ‘‘Impaired Driving Coun13 termeasures’’ (as described in subsection (d) of that section) 

14 shall be available for technical assistance to the States: Pro15 vided further, That with respect to the ‘‘Transfers’’ provi16 sion under 23 U.S.C. 405(a)(1)(G), any amounts trans17 ferred to increase the amounts made available under section 

18 402 shall include the obligation authority for such amounts: 

19 Provided further, That the Administrator shall notify the 

20 House and Senate Committees on Appropriations of any 

21 exercise of the authority granted under the previous proviso 

22 or under 23 U.S.C. 405(a)(1)(G) within five days. 
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1 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

2 TRAFFIC SAFETY ADMINISTRATION

3 SEC. 140. An additional $130,000 shall be made avail4 able to the National Highway Traffic Safety Administra5 tion, out of the amount limited for section 402 of title 23, 

6 United States Code, to pay for travel and related expenses 

7 for State management reviews and to pay for core com8 petency development training and related expenses for high9 way safety staff. 

10 SEC. 141. The limitations on obligations for the pro11 grams of the National Highway Traffic Safety Administra12 tion set in this Act shall not apply to obligations for which 

13 obligation authority was made available in previous public 

14 laws but only to the extent that the obligation authority 

15 has not lapsed or been used. 

16 SEC. 142. None of the funds made available by this 

17 Act may be used to obligate or award funds for the National 

18 Highway Traffic Safety Administration’s National Road19 side Survey. 

20 SEC. 143. None of the funds made available by this 

21 Act may be used to mandate global positioning system 

22 (GPS) tracking in private passenger motor vehicles without 

23 providing full and appropriate consideration of privacy 

24 concerns under 5 U.S.C. chapter 5, subchapter II. 
1459 

•HR 2029 EAH 

1 FEDERAL RAILROAD ADMINISTRATION

2 SAFETY AND OPERATIONS

3 For necessary expenses of the Federal Railroad Admin4 istration, not otherwise provided for, $199,000,000, of which 

5 $15,900,000 shall remain available until expended. 

6 RAILROAD RESEARCH AND DEVELOPMENT

7 For necessary expenses for railroad research and devel8 opment, $39,100,000, to remain available until expended. 

9 RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

10 PROGRAM

11 The Secretary of Transportation is authorized to issue 

12 direct loans and loan guarantees pursuant to sections 501 

13 through 504 of the Railroad Revitalization and Regulatory 

14 Reform Act of 1976 (Public Law 94–210), as amended, such 

15 authority to exist as long as any such direct loan or loan 

16 guarantee is outstanding. Provided, That pursuant to sec17 tion 502 of such Act, as amended, no new direct loans or 

18 loan guarantee commitments shall be made using Federal 

19 funds for the credit risk premium during fiscal year 2016. 

20 RAILROAD SAFETY GRANTS

21 For necessary expenses related to railroad safety 

22 grants, $50,000,000, to remain available until expended, of 

23 which not to exceed $25,000,000 shall be available to carry 

24 out 49 U.S.C. 20167, as in effect the day before the enact25 ment of the Passenger Rail Reform and Investment Act of 
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•HR 2029 EAH 

1 2015 (division A, title XI of the Fixing America’s Surface 

2 Transportation Act); and not to exceed $25,000,000 shall 

3 be made available to carry out 49 U.S.C. 20158. 

4 OPERATING GRANTS TO THE NATIONAL RAILROAD

5 PASSENGER CORPORATION

6 To enable the Secretary of Transportation to make 

7 quarterly grants to the National Railroad Passenger Cor8 poration, in amounts based on the Secretary’s assessment 

9 of the Corporation’s seasonal cash flow requirements, for the 

10 operation of intercity passenger rail, as authorized by sec11 tion 101 of the Passenger Rail Investment and Improve12 ment Act of 2008 (division B of Public Law 110–432), as 

13 in effect the day before the enactment of the Passenger Rail 

14 Reform and Investment Act of 2015 (division A, title XI 

15 of the Fixing America’s Surface Transportation Act), 

16 $288,500,000, to remain available until expended: Pro17 vided, That the amounts available under this paragraph 

18 shall be available for the Secretary to approve funding to 

19 cover operating losses for the Corporation only after receiv20 ing and reviewing a grant request for each specific train 

21 route: Provided further, That each such grant request shall 

22 be accompanied by a detailed financial analysis, revenue 

23 projection, and capital expenditure projection justifying the 

24 Federal support to the Secretary’s satisfaction: Provided 

25 further, That not later than 60 days after enactment of this 
1461 

•HR 2029 EAH 

1 Act, the Corporation shall transmit, in electronic format, 

2 to the Secretary and the House and Senate Committees on 

3 Appropriations the annual budget, business plan, the 5- 

4 Year Financial Plan for fiscal year 2016 required under 

5 section 204 of the Passenger Rail Investment and Improve6 ment Act of 2008 and the comprehensive fleet plan for all 

7 Amtrak rolling stock: Provided further, That the budget, 

8 business plan and the 5-Year Financial Plan shall include 

9 annual information on the maintenance, refurbishment, re10 placement, and expansion for all Amtrak rolling stock con11 sistent with the comprehensive fleet plan: Provided further, 

12 That the Corporation shall provide monthly performance 

13 reports in an electronic format which shall describe the 

14 work completed to date, any changes to the business plan, 

15 and the reasons for such changes as well as progress against 

16 the milestones and target dates of the 2012 performance im17 provement plan: Provided further, That the Corporation’s 

18 budget, business plan, 5-Year Financial Plan, semiannual 

19 reports, monthly reports, comprehensive fleet plan and all 

20 supplemental reports or plans comply with requirements in 

21 Public Law 112–55: Provided further, That none of the 

22 funds provided in this Act may be used to support any 

23 route on which Amtrak offers a discounted fare of more than 

24 50 percent off the normal peak fare: Provided further, That 

25 the preceding proviso does not apply to routes where the 
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•HR 2029 EAH 

1 operating loss as a result of the discount is covered by a 

2 State and the State participates in the setting of fares. 

3 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL

4 RAILROAD PASSENGER CORPORATION

5 To enable the Secretary of Transportation to make 

6 grants to the National Railroad Passenger Corporation for 

7 capital investments as authorized by sections 101(c), 102, 

8 and 219(b) of the Passenger Rail Investment and Improve9 ment Act of 2008 (division B of Public Law 110–432), as 

10 in effect the day before the enactment of the Passenger Rail 

11 Reform and Investment Act of 2015 (division A, title XI 

12 of the Fixing America’s Surface Transportation Act), 

13 $1,101,500,000, to remain available until expended, of 

14 which not to exceed $160,200,000 shall be for debt service 

15 obligations as authorized by section 102 of such Act: Pro16 vided, That of the amounts made available under this head17 ing, not less than $50,000,000 shall be made available to 

18 bring Amtrak-served facilities and stations into compliance 

19 with the Americans with Disabilities Act: Provided further, 

20 That after an initial distribution of up to $200,000,000, 

21 which shall be used by the Corporation as a working capital 

22 account, all remaining funds shall be provided to the Cor23 poration only on a reimbursable basis: Provided further, 

24 That of the amounts made available under this heading, 

25 up to $50,000,000 may be used by the Secretary to subsidize 
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•HR 2029 EAH 

1 operating losses of the Corporation should the funds pro2 vided under the heading ‘‘Operating Grants to the National 

3 Railroad Passenger Corporation’’ be insufficient to meet 

4 operational costs for fiscal year 2016: Provided further, 

5 That the Secretary may retain up to one-half of 1 percent 

6 of the funds provided under this heading to fund the costs 

7 of project management and oversight of activities author8 ized by subsections 101(a) and 101(c) of division B of Pub9 lic Law 110–432, of which up to $500,000 may be available 

10 for technical assistance for States, the District of Columbia, 

11 and other public entities responsible for the implementation 

12 of section 209 of division B of Public Law 110–432: Pro13 vided further, That the Secretary shall approve funding for 

14 capital expenditures, including advance purchase orders of 

15 materials, for the Corporation only after receiving and re16 viewing a grant request for each specific capital project jus17 tifying the Federal support to the Secretary’s satisfaction: 

18 Provided further, That except as otherwise provided herein, 

19 none of the funds under this heading may be used to sub20 sidize operating losses of the Corporation: Provided further, 

21 That none of the funds under this heading may be used 

22 for capital projects not approved by the Secretary of Trans23 portation or on the Corporation’s fiscal year 2016 business 

24 plan: Provided further, That in addition to the project man25 agement oversight funds authorized under section 101(d) of 
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1 division B of Public Law 110–432, the Secretary may re2 tain up to an additional $3,000,000 of the funds provided 

3 under this heading to fund expenses associated with imple4 menting section 212 of division B of Public Law 110–432, 

5 including the amendments made by section 212 to section 

6 24905 of title 49, United States Code: Provided further, 

7 That Amtrak shall conduct a business case analysis on cap8 ital investments that exceed $10,000,000 in life-cycle costs: 

9 Provided further, That each contract for a capital acquisi10 tion that exceeds $10,000,000 in life-cycle costs shall state 

11 that funding is subject to the availability of appropriated 

12 funds provided by an appropriations Act. 

13 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

14 ADMINISTRATION

15 (INCLUDING RESCISSIONS)

16 SEC. 150. The Secretary of Transportation may re17 ceive and expend cash, or receive and utilize spare parts 

18 and similar items, from non-United States Government 

19 sources to repair damages to or replace United States Gov20 ernment owned automated track inspection cars and equip21 ment as a result of third-party liability for such damages, 

22 and any amounts collected under this section shall be cred23 ited directly to the Safety and Operations account of the 

24 Federal Railroad Administration, and shall remain avail25 able until expended for the repair, operation and mainte-
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1 nance of automated track inspection cars and equipment 

2 in connection with the automated track inspection program. 

3 SEC. 151. None of the funds provided to the National 

4 Railroad Passenger Corporation may be used to fund any 

5 overtime costs in excess of $35,000 for any individual em6 ployee: Provided, That the President of Amtrak may waive 

7 the cap set in the previous proviso for specific employees 

8 when the President of Amtrak determines such a cap poses 

9 a risk to the safety and operational efficiency of the system: 

10 Provided further, That the President of Amtrak shall report 

11 to the House and Senate Committees on Appropriations 

12 each quarter of the calendar year on waivers granted to em13 ployees and amounts paid above the cap for each month 

14 within such quarter and delineate the reasons each waiver 

15 was granted: Provided further, That the President of Am16 trak shall report to the House and Senate Committees on 

17 Appropriations by March 1, 2016, a summary of all over18 time payments incurred by the Corporation for 2015 and 

19 the three prior calendar years: Provided further, That such 

20 summary shall include the total number of employees that 

21 received waivers and the total overtime payments the Cor22 poration paid to those employees receiving waivers for each 

23 month for 2015 and for the three prior calendar years. 

24 SEC. 152. Of the unobligated balances of funds avail25 able to the Federal Railroad Administration from the 
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1 ‘‘Railroad Research and Development’’ account, $1,960,000 

2 is permanently rescinded: Provided, That such amounts are 

3 made available to enable the Secretary of Transportation 

4 to assist Class II and Class III railroads with eligible 

5 projects pursuant to sections 501 through 504 of the Rail6 road Revitalization and Regulatory Reform Act of 1976 

7 (Public Law 94–210), as amended: Provided further, That 

8 such funds shall be available for applicant expenses in pre9 paring to apply and applying for direct loans and loan 

10 guarantees: Provided further, That these funds shall remain 

11 available until expended. 

12 SEC. 153. Of the unobligated balances of funds avail13 able to the Federal Railroad Administration, the following 

14 funds are hereby rescinded: $5,000,000 of the unobligated 

15 balances of funds made available to fund expenses associ16 ated with implementing section 212 of division B of Public 

17 Law 110–432 in the Capital and Debt Service Grants to 

18 the National Railroad Passenger Corporation account of the 

19 Consolidated and Further Continuing Appropriations Act, 

20 2015; and $14,163,385 of the unobligated balances of funds 

21 made available from the following accounts in the specified 

22 amounts—‘‘Grants to the National Railroad Passenger 

23 Corporation’’, $267,019; ‘‘Next Generation High-Speed 

24 Rail’’, $4,944,504; ‘‘Rail Line Relocation and Improvement 

25 Program’’, $2,241,385; and ‘‘Safety and Operations’’, 
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1 $6,710,477: Provided, That such amounts are made avail2 able to enable the Secretary of Transportation to make 

3 grants to the National Railroad Passenger Corporation as 

4 authorized by section 101(c) of the Passenger Rail Invest5 ment and Improvement Act of 2008 (division B of Public 

6 Law 110–432) for state-of-good-repair backlog and infra7 structure improvements on Northeast Corridor shared-use 

8 infrastructure identified in the Northeast Corridor Infra9 structure and Operations Advisory Commission’s approved 

10 5-year capital plan: Provided further, That these funds 

11 shall remain available until expended and shall be available 

12 for grants in an amount not to exceed 50 percent of the 

13 total project cost, with the required matching funds to be 

14 provided consistent with the Commission’s cost allocation 

15 policy. 

16 FEDERAL TRANSIT ADMINISTRATION

17 ADMINISTRATIVE EXPENSES

18 For necessary administrative expenses of the Federal 

19 Transit Administration’s programs authorized by chapter 

20 53 of title 49, United States Code, $108,000,000, of which 

21 not more than $6,500,000 shall be available to carry out 

22 the provisions of 49 U.S.C. 5329 and not less than 

23 $1,000,000 shall be available to carry out the provisions 

24 of 49 U.S.C. 5326: Provided, That none of the funds pro25 vided or limited in this Act may be used to create a perma-
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1 nent office of transit security under this heading: Provided 

2 further, That upon submission to the Congress of the fiscal 

3 year 2017 President’s budget, the Secretary of Transpor4 tation shall transmit to Congress the annual report on New 

5 Starts, including proposed allocations for fiscal year 2017. 

6 TRANSIT FORMULA GRANTS

7 (LIQUIDATION OF CONTRACT AUTHORIZATION)

8 (LIMITATION ON OBLIGATIONS)

9 (HIGHWAY TRUST FUND)

10 For payment of obligations incurred in the Federal 

11 Public Transportation Assistance Program in this account, 

12 and for payment of obligations incurred in carrying out 

13 the provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 

14 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as 

15 amended by the Fixing America’s Surface Transportation 

16 Act, and section 20005(b) of Public Law 112–141, and sec17 tion 3006(b) of the Fixing America’s Surface Transpor18 tation Act, $10,400,000,000, to be derived from the Mass 

19 Transit Account of the Highway Trust Fund and to remain 

20 available until expended: Provided, That funds available for 

21 the implementation or execution of programs authorized 

22 under 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314, 5318, 

23 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by the 

24 Fixing America’s Surface Transportation Act, and section 

25 20005(b) of Public Law 112–141, and section 3006(b) of 
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1 the Fixing America’s Surface Transportation Act, shall not 

2 exceed total obligations of $9,347,604,639 in fiscal year 

3 2016. 

4 CAPITAL INVESTMENT GRANTS

5 For necessary expenses to carry out 49 U.S.C. 5309, 

6 $2,177,000,000, to remain available until expended. 

7 GRANTS TO THE WASHINGTON METROPOLITAN AREA

8 TRANSIT AUTHORITY

9 For grants to the Washington Metropolitan Area Tran10 sit Authority as authorized under section 601 of division 

11 B of Public Law 110–432, $150,000,000, to remain avail12 able until expended: Provided, That the Secretary of Trans13 portation shall approve grants for capital and preventive 

14 maintenance expenditures for the Washington Metropolitan 

15 Area Transit Authority only after receiving and reviewing 

16 a request for each specific project: Provided further, That 

17 prior to approving such grants, the Secretary shall certify 

18 that the Washington Metropolitan Area Transit Authority 

19 is making progress to improve its safety management sys20 tem in response to the Federal Transit Administration’s 

21 2015 safety management inspection: Provided further, That 

22 prior to approving such grants, the Secretary shall certify 

23 that the Washington Metropolitan Area Transit Authority 

24 is making progress toward full implementation of the cor25 rective actions identified in the 2014 Financial Manage-
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1 ment Oversight Review Report: Provided further, That the 

2 Secretary shall determine that the Washington Metropolitan 

3 Area Transit Authority has placed the highest priority on 

4 those investments that will improve the safety of the system 

5 before approving such grants: Provided further, That the 

6 Secretary, in order to ensure safety throughout the rail sys7 tem, may waive the requirements of section 601(e)(1) of title 

8 VI of Public Law 110–432 (112 Stat. 4968). 

9 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

10 ADMINISTRATION

11 (INCLUDING RESCISSION)

12 SEC. 160. The limitations on obligations for the pro13 grams of the Federal Transit Administration shall not 

14 apply to any authority under 49 U.S.C. 5338, previously 

15 made available for obligation, or to any other authority pre16 viously made available for obligation. 

17 SEC. 161. Notwithstanding any other provision of law, 

18 funds appropriated or limited by this Act under the heading 

19 ‘‘Fixed Guideway Capital Investment’’ of the Federal Tran20 sit Administration for projects specified in this Act or iden21 tified in reports accompanying this Act not obligated by 

22 September 30, 2020, and other recoveries, shall be directed 

23 to projects eligible to use the funds for the purposes for 

24 which they were originally provided. 
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1 SEC. 162. Notwithstanding any other provision of law, 

2 any funds appropriated before October 1, 2015, under any 

3 section of chapter 53 of title 49, United States Code, that 

4 remain available for expenditure, may be transferred to and 

5 administered under the most recent appropriation heading 

6 for any such section. 

7 SEC. 163. Notwithstanding any other provision of law, 

8 none of the funds made available in this Act shall be used 

9 to enter into a full funding grant agreement for a project 

10 with a New Starts share greater than 60 percent. 

11 SEC. 164. (a) LOSS OF ELIGIBILITY.—Except as pro12 vided in subsection (b), none of the funds in this or any 

13 other Act may be available to advance in any way a new 

14 light or heavy rail project towards a full funding grant 

15 agreement as defined by 49 U.S.C. 5309 for the Metropoli16 tan Transit Authority of Harris County, Texas if the pro17 posed capital project is constructed on or planned to be con18 structed on Richmond Avenue west of South Shepherd Drive 

19 or on Post Oak Boulevard north of Richmond Avenue in 

20 Houston, Texas. 

21 (b) EXCEPTION FOR A NEW ELECTION.—The Metro22 politan Transit Authority of Harris County, Texas, may 

23 attempt to construct or construct a new fixed guideway cap24 ital project, including light rail, in the locations referred 

25 to in subsection (a) if— 
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1 (1) voters in the jurisdiction that includes such 

2 locations approve a ballot proposition that specifies 

3 routes on Richmond Avenue west of South Shepherd 

4 Drive or on Post Oak Boulevard north of Richmond 

5 Avenue in Houston, Texas; and 

6 (2) the proposed construction of such routes is 

7 part of a comprehensive, multi-modal, service-area 

8 wide transportation plan that includes multiple addi9 tional segments of fixed guideway capital projects, in10 cluding light rail for the jurisdiction set forth in the 

11 ballot proposition. The ballot language shall include 

12 reasonable cost estimates, sources of revenue to be used 

13 and the total amount of bonded indebtedness to be in14 curred as well as a description of each route and the 

15 beginning and end point of each proposed transit 

16 project. 

17 SEC. 165. Of the unobligated amounts made available 

18 for fiscal year 2012 or prior fiscal years to carry out the 

19 discretionary bus and bus facilities and new fixed guideway 

20 capital projects programs under 49 U.S.C. 5309 and the 

21 discretionary job access and reverse commute program 

22 under section 3037 of the Transportation Equity Act for 

23 the 21st Century, $25,397,797 is hereby rescinded. 

24 SEC. 166. Until September 15, 2016, the Secretary 

25 may not enforce regulations related to charter bus service 
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1 under part 604 of title 49, Code of Federal Regulations, 

2 for any transit agency that, during fiscal year 2008 was 

3 both initially granted a 60-day period to come into compli4 ance with part 604, and then was subsequently granted an 

5 exception from said part: Provided, That notwithstanding 

6 49 U.S.C. 5323(t), such transit agency may receive its allo7 cation of urbanized area formula funds apportioned in ac8 cordance with 49 U.S.C. 5336. 

9 SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

10 The Saint Lawrence Seaway Development Corpora11 tion is hereby authorized to make such expenditures, within 

12 the limits of funds and borrowing authority available to 

13 the Corporation, and in accord with law, and to make such 

14 contracts and commitments without regard to fiscal year 

15 limitations as provided by section 104 of the Government 

16 Corporation Control Act, as amended, as may be necessary 

17 in carrying out the programs set forth in the Corporation’s 

18 budget for the current fiscal year. 

19 OPERATIONS AND MAINTENANCE

20 (HARBOR MAINTENANCE TRUST FUND)

21 For necessary expenses to conduct the operations, 

22 maintenance, and capital asset renewal activities of those 

23 portions of the St. Lawrence Seaway owned, operated, and 

24 maintained by the Saint Lawrence Seaway Development 
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1 Corporation, $28,400,000, to be derived from the Harbor 

2 Maintenance Trust Fund, pursuant to Public Law 99–662. 

3 MARITIME ADMINISTRATION

4 MARITIME SECURITY PROGRAM

5 For necessary expenses to maintain and preserve a 

6 U.S.-flag merchant fleet to serve the national security needs 

7 of the United States, $210,000,000, to remain available 

8 until expended. 

9 OPERATIONS AND TRAINING

10 For necessary expenses of operations and training ac11 tivities authorized by law, $171,155,000, of which 

12 $22,000,000 shall remain available until expended for 

13 maintenance and repair of training ships at State Mari14 time Academies, and of which $5,000,000 shall remain 

15 available until expended for National Security Multi-Mis16 sion Vessel design for State Maritime Academies and Na17 tional Security, and of which $2,400,000 shall remain 

18 available through September 30, 2017, for the Student In19 centive Program at State Maritime Academies, and of 

20 which $1,200,000 shall remain available until expended for 

21 training ship fuel assistance payments, and of which 

22 $18,000,000 shall remain available until expended for fa23 cilities maintenance and repair, equipment, and capital 

24 improvements at the United States Merchant Marine Acad25 emy, and of which $3,000,000 shall remain available 
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1 through September 30, 2017, for Maritime Environment 

2 and Technology Assistance grants, contracts, and coopera3 tive agreement, and of which $5,000,000 shall remain avail4 able until expended for the Short Sea Transportation Pro5 gram (America’s Marine Highways) to make grants for the 

6 purposes provided in title 46 sections 55601(b)(1) and 

7 55601(b)(3): Provided, That amounts apportioned for the 

8 United States Merchant Marine Academy shall be available 

9 only upon allotments made personally by the Secretary of 

10 Transportation or the Assistant Secretary for Budget and 

11 Programs: Provided further, That the Superintendent, Dep12 uty Superintendent and the Director of the Office of Re13 source Management of the United States Merchant Marine 

14 Academy may not be allotment holders for the United States 

15 Merchant Marine Academy, and the Administrator of the 

16 Maritime Administration shall hold all allotments made by 

17 the Secretary of Transportation or the Assistant Secretary 

18 for Budget and Programs under the previous proviso: Pro19 vided further, That 50 percent of the funding made avail20 able for the United States Merchant Marine Academy under 

21 this heading shall be available only after the Secretary, in 

22 consultation with the Superintendent and the Maritime Ad23 ministrator, completes a plan detailing by program or ac24 tivity how such funding will be expended at the Academy, 

25 and this plan is submitted to the House and Senate Com-
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1 mittees on Appropriations: Provided further, That not later 

2 than January 12, 2016, the Administrator of the Maritime 

3 Administration shall transmit to the House and Senate 

4 Committees on Appropriations the annual report on sexual 

5 assault and sexual harassment at the United States Mer6 chant Marine Academy as required pursuant to section 

7 3507 of Public Law 110–417. 

8 ASSISTANCE TO SMALL SHIPYARDS

9 To make grants to qualified shipyards as authorized 

10 under section 54101 of title 46, United States Code, as 

11 amended by Public Law 113–281, $5,000,000 to remain 

12 available until expended: Provided, That the Secretary shall 

13 issue the Notice of Funding Availability no later than 15 

14 days after enactment of this Act: Provided further, That 

15 from applications submitted under the previous proviso, the 

16 Secretary of Transportation shall make grants no later than 

17 120 days after enactment of this Act in such amounts as 

18 the Secretary determines: Provided further, That not to ex19 ceed 2 percent of the funds appropriated under this heading 

20 shall be available for necessary costs of grant administra21 tion. 

22 SHIP DISPOSAL

23 For necessary expenses related to the disposal of obso24 lete vessels in the National Defense Reserve Fleet of the Mar-
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1 itime Administration, $5,000,000, to remain available 

2 until expended. 

3 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

4 ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 For the cost of guaranteed loans, as authorized, 

7 $8,135,000, of which $5,000,000 shall remain available 

8 until expended: Provided, That such costs, including the 

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

10 502 of the Congressional Budget Act of 1974, as amended: 

11 Provided further, That not to exceed $3,135,000 shall be 

12 available for administrative expenses to carry out the guar13 anteed loan program, which shall be transferred to and 

14 merged with the appropriations for ‘‘Operations and Train15 ing’’, Maritime Administration. 

16 ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

17 SEC. 170. Notwithstanding any other provision of this 

18 Act, in addition to any existing authority, the Maritime 

19 Administration is authorized to furnish utilities and serv20 ices and make necessary repairs in connection with any 

21 lease, contract, or occupancy involving Government prop22 erty under control of the Maritime Administration: Pro23 vided, That payments received therefor shall be credited to 

24 the appropriation charged with the cost thereof and shall 

25 remain available until expended: Provided further, That 
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1 rental payments under any such lease, contract, or occu2 pancy for items other than such utilities, services, or repairs 

3 shall be covered into the Treasury as miscellaneous receipts. 

4 SEC. 171. None of the funds available or appropriated 

5 in this Act shall be used by the United States Department 

6 of Transportation or the United States Maritime Adminis7 tration to negotiate or otherwise execute, enter into, facili8 tate or perform fee-for-service contracts for vessel disposal, 

9 scrapping or recycling, unless there is no qualified domestic 

10 ship recycler that will pay any sum of money to purchase 

11 and scrap or recycle a vessel owned, operated or managed 

12 by the Maritime Administration or that is part of the Na13 tional Defense Reserve Fleet: Provided, That such sales of14 fers must be consistent with the solicitation and provide 

15 that the work will be performed in a timely manner at a 

16 facility qualified within the meaning of section 3502 of 

17 Public Law 106–398: Provided further, That nothing con18 tained herein shall affect the Maritime Administration’s 

19 authority to award contracts at least cost to the Federal 

20 Government and consistent with the requirements of 54 

21 U.S.C. 308704, section 3502, or otherwise authorized under 

22 the Federal Acquisition Regulation. 
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1 PIPELINE AND HAZARDOUS MATERIALS SAFETY

2 ADMINISTRATION

3 OPERATIONAL EXPENSES

4 For necessary operational expenses of the Pipeline and 

5 Hazardous Materials Safety Administration, $21,000,000: 

6 Provided, That no later than 90 days after the date of enact7 ment of this Act, the Secretary of Transportation shall ini8 tiate a rulemaking to expand the applicability of com9 prehensive oil spill response plans, and shall issue a final 

10 rule no later than one year after the date of enactment of 

11 this Act. 

12 HAZARDOUS MATERIALS SAFETY

13 For expenses necessary to discharge the hazardous ma14 terials safety functions of the Pipeline and Hazardous Ma15 terials Safety Administration, $55,619,000, of which 

16 $7,570,000 shall remain available until September 30, 

17 2018: Provided, That up to $800,000 in fees collected under 

18 49 U.S.C. 5108(g) shall be deposited in the general fund 

19 of the Treasury as offsetting receipts: Provided further, That 

20 there may be credited to this appropriation, to be available 

21 until expended, funds received from States, counties, mu22 nicipalities, other public authorities, and private sources 

23 for expenses incurred for training, for reports publication 

24 and dissemination, and for travel expenses incurred in per-
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1 formance of hazardous materials exemptions and approvals 

2 functions. 

3 PIPELINE SAFETY

4 (PIPELINE SAFETY FUND)

5 (OIL SPILL LIABILITY TRUST FUND)

6 For expenses necessary to conduct the functions of the 

7 pipeline safety program, for grants-in-aid to carry out a 

8 pipeline safety program, as authorized by 49 U.S.C. 60107, 

9 and to discharge the pipeline program responsibilities of 

10 the Oil Pollution Act of 1990, $146,623,000, of which 

11 $22,123,000 shall be derived from the Oil Spill Liability 

12 Trust Fund and shall remain available until September 30, 

13 2018; and of which $124,500,000 shall be derived from the 

14 Pipeline Safety Fund, of which $59,835,000 shall remain 

15 available until September 30, 2018: Provided, That not less 

16 than $1,058,000 of the funds provided under this heading 

17 shall be for the One-Call state grant program: Provided fur18 ther, That not less than $1,000,000 of the funds provided 

19 under this heading shall be for the finalization and imple20 mentation of rules required under section 60102(n) of title 

21 49, United States Code, and section 8(b)(3) of the Pipeline 

22 Safety, Regulatory Certainty, and Job Creation Act of 2011 

23 (49 U.S.C. 60108 note; 125 Stat. 1911). 
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1 EMERGENCY PREPAREDNESS GRANTS

2 (EMERGENCY PREPAREDNESS FUND)

3 For necessary expenses to carryout 49 U.S.C. 5128(b), 

4 $188,000, to be derived from the Emergency Preparedness 

5 Fund, to remain available until September 30, 2017: Pro6 vided, That notwithstanding the fiscal year limitation spec7 ified in 49 U.S.C. 5116, not more than $28,318,000 shall 

8 be made available for obligation in fiscal year 2016 from 

9 amounts made available by 49 U.S.C. 5116(h), and 5128(b) 

10 and (c): Provided further, That notwithstanding 49 U.S.C. 

11 5116(h)(4), not more than 4 percent of the amounts made 

12 available from this account shall be available to pay admin13 istrative costs: Provided further, That none of the funds 

14 made available by 49 U.S.C. 5116(h), 5128(b), or 5128(c) 

15 shall be made available for obligation by individuals other 

16 than the Secretary of Transportation, or his or her designee: 

17 Provided further, That notwithstanding 49 U.S.C. 5128(b) 

18 and (c) and the current year obligation limitation, prior 

19 year recoveries recognized in the current year shall be avail20 able to develop a hazardous materials response training 

21 curriculum for emergency responders, including response 

22 activities for the transportation of crude oil, ethanol and 

23 other flammable liquids by rail, consistent with National 

24 Fire Protection Association standards, and to make such 

25 training available through an electronic format: Provided 
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1 further, That the prior year recoveries made available under 

2 this heading shall also be available to carry out 49 U.S.C. 

3 5116(a)(1)(C) and 5116(i). 

4 OFFICE OF INSPECTOR GENERAL

5 SALARIES AND EXPENSES

6 For necessary expenses of the Office of the Inspector 

7 General to carry out the provisions of the Inspector General 

8 Act of 1978, as amended, $87,472,000: Provided, That the 

9 Inspector General shall have all necessary authority, in car10 rying out the duties specified in the Inspector General Act, 

11 as amended (5 U.S.C. App. 3), to investigate allegations 

12 of fraud, including false statements to the government (18 

13 U.S.C. 1001), by any person or entity that is subject to 

14 regulation by the Department of Transportation: Provided 

15 further, That the funds made available under this heading 

16 may be used to investigate, pursuant to section 41712 of 

17 title 49, United States Code: (1) unfair or deceptive prac18 tices and unfair methods of competition by domestic and 

19 foreign air carriers and ticket agents; and (2) the compli20 ance of domestic and foreign air carriers with respect to 

21 item (1) of this proviso. 

22 SURFACE TRANSPORTATION BOARD

23 SALARIES AND EXPENSES

24 For necessary expenses of the Surface Transportation 

25 Board, including services authorized by 5 U.S.C. 3109, 
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1 $32,375,000: Provided, That notwithstanding any other 

2 provision of law, not to exceed $1,250,000 from fees estab3 lished by the Chairman of the Surface Transportation 

4 Board shall be credited to this appropriation as offsetting 

5 collections and used for necessary and authorized expenses 

6 under this heading: Provided further, That the sum herein 

7 appropriated from the general fund shall be reduced on a 

8 dollar-for-dollar basis as such offsetting collections are re9 ceived during fiscal year 2016, to result in a final appro10 priation from the general fund estimated at no more than 

11 $31,125,000. 

12 GENERAL PROVISIONS—DEPARTMENT OF

13 TRANSPORTATION

14 SEC. 180. During the current fiscal year, applicable 

15 appropriations to the Department of Transportation shall 

16 be available for maintenance and operation of aircraft; hire 

17 of passenger motor vehicles and aircraft; purchase of liabil18 ity insurance for motor vehicles operating in foreign coun19 tries on official department business; and uniforms or al20 lowances therefor, as authorized by law (5 U.S.C. 5901– 

21 5902). 

22 SEC. 181. Appropriations contained in this Act for the 

23 Department of Transportation shall be available for services 

24 as authorized by 5 U.S.C. 3109, but at rates for individuals 
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1 not to exceed the per diem rate equivalent to the rate for 

2 an Executive Level IV. 

3 SEC. 182. None of the funds in this Act shall be avail4 able for salaries and expenses of more than 110 political 

5 and Presidential appointees in the Department of Trans6 portation: Provided, That none of the personnel covered by 

7 this provision may be assigned on temporary detail outside 

8 the Department of Transportation. 

9 SEC. 183. (a) No recipient of funds made available in 

10 this Act shall disseminate personal information (as defined 

11 in 18 U.S.C. 2725(3)) obtained by a State department of 

12 motor vehicles in connection with a motor vehicle record 

13 as defined in 18 U.S.C. 2725(1), except as provided in 18 

14 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721. 

15 (b) Notwithstanding subsection (a), the Secretary shall 

16 not withhold funds provided in this Act for any grantee 

17 if a State is in noncompliance with this provision. 

18 SEC. 184. Funds received by the Federal Highway Ad19 ministration and Federal Railroad Administration from 

20 States, counties, municipalities, other public authorities, 

21 and private sources for expenses incurred for training may 

22 be credited respectively to the Federal Highway Adminis23 tration’s ‘‘Federal-Aid Highways’’ account and to the Fed24 eral Railroad Administration’s ‘‘Safety and Operations’’ 
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1 account, except for State rail safety inspectors participating 

2 in training pursuant to 49 U.S.C. 20105. 

3 SEC. 185. None of the funds in this Act to the Depart4 ment of Transportation may be used to make a loan, loan 

5 guarantee, line of credit, or grant unless the Secretary of 

6 Transportation notifies the House and Senate Committees 

7 on Appropriations not less than 3 full business days before 

8 any project competitively selected to receive a discretionary 

9 grant award, any discretionary grant award, letter of in10 tent, loan commitment, loan guarantee commitment, line 

11 of credit commitment, or full funding grant agreement to12 taling $750,000 or more is announced by the department 

13 or its modal administrations from— 

14 (1) any discretionary grant or federal credit pro15 gram of the Federal Highway Administration includ16 ing the emergency relief program; 

17 (2) the airport improvement program of the Fed18 eral Aviation Administration; 

19 (3) any program of the Federal Railroad Admin20 istration; 

21 (4) any program of the Federal Transit Admin22 istration other than the formula grants and fixed 

23 guideway modernization programs; 

24 (5) any program of the Maritime Administra25 tion; or 
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1 (6) any funding provided under the headings 

2 ‘‘National Infrastructure Investments’’ in this Act: 

3 Provided, That the Secretary gives concurrent notification 

4 to the House and Senate Committees on Appropriations for 

5 any ‘‘quick release’’ of funds from the emergency relief pro6 gram: Provided further, That no notification shall involve 

7 funds that are not available for obligation. 

8 SEC. 186. Rebates, refunds, incentive payments, minor 

9 fees and other funds received by the Department of Trans10 portation from travel management centers, charge card pro11 grams, the subleasing of building space, and miscellaneous 

12 sources are to be credited to appropriations of the Depart13 ment of Transportation and allocated to elements of the De14 partment of Transportation using fair and equitable cri15 teria and such funds shall be available until expended. 

16 SEC. 187. Amounts made available in this or any other 

17 Act that the Secretary determines represent improper pay18 ments by the Department of Transportation to a third19 party contractor under a financial assistance award, which 

20 are recovered pursuant to law, shall be available— 

21 (1) to reimburse the actual expenses incurred by 

22 the Department of Transportation in recovering im23 proper payments; and 

24 (2) to pay contractors for services provided in re25 covering improper payments or contractor support in 
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1 the implementation of the Improper Payments Infor2 mation Act of 2002: Provided, That amounts in excess 

3 of that required for paragraphs (1) and (2)— 

4 (A) shall be credited to and merged with the 

5 appropriation from which the improper pay6 ments were made, and shall be available for the 

7 purposes and period for which such appropria8 tions are available: Provided further, That where 

9 specific project or accounting information associ10 ated with the improper payment or payments is 

11 not readily available, the Secretary may credit 

12 an appropriate account, which shall be available 

13 for the purposes and period associated with the 

14 account so credited; or 

15 (B) if no such appropriation remains avail16 able, shall be deposited in the Treasury as mis17 cellaneous receipts: Provided further, That prior 

18 to the transfer of any such recovery to an appro19 priations account, the Secretary shall notify the 

20 House and Senate Committees on Appropria21 tions of the amount and reasons for such trans22 fer: Provided further, That for purposes of this 

23 section, the term ‘‘improper payments’’ has the 

24 same meaning as that provided in section 

25 2(d)(2) of Public Law 107–300. 
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1 SEC. 188. Notwithstanding any other provision of law, 

2 if any funds provided in or limited by this Act are subject 

3 to a reprogramming action that requires notice to be pro4 vided to the House and Senate Committees on Appropria5 tions, transmission of said reprogramming notice shall be 

6 provided solely to the House and Senate Committees on Ap7 propriations, and said reprogramming action shall be ap8 proved or denied solely by the House and Senate Commit9 tees on Appropriations: Provided, That the Secretary of 

10 Transportation may provide notice to other congressional 

11 committees of the action of the House and Senate Commit12 tees on Appropriations on such reprogramming but not 

13 sooner than 30 days following the date on which the re14 programming action has been approved or denied by the 

15 House and Senate Committees on Appropriations. 

16 SEC. 189. None of the funds appropriated or otherwise 

17 made available under this Act may be used by the Surface 

18 Transportation Board of the Department of Transportation 

19 to charge or collect any filing fee for rate or practice com20 plaints filed with the Board in an amount in excess of the 

21 amount authorized for district court civil suit filing fees 

22 under section 1914 of title 28, United States Code. 

23 SEC. 190. Funds appropriated in this Act to the modal 

24 administrations may be obligated for the Office of the Sec25 retary for the costs related to assessments or reimbursable 
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1 agreements only when such amounts are for the costs of 

2 goods and services that are purchased to provide a direct 

3 benefit to the applicable modal administration or adminis4 trations. 

5 SEC. 191. The Secretary of Transportation is author6 ized to carry out a program that establishes uniform stand7 ards for developing and supporting agency transit pass and 

8 transit benefits authorized under section 7905 of title 5, 

9 United States Code, including distribution of transit bene10 fits by various paper and electronic media. 

11 SEC. 192. The Department of Transportation may use 

12 funds provided by this Act, or any other Act, to assist a 

13 contract under title 49 U.S.C. or title 23 U.S.C. utilizing 

14 geographic, economic, or any other hiring preference not 

15 otherwise authorized by law, except for such preferences au16 thorized in this Act, or to amend a rule, regulation, policy 

17 or other measure that forbids a recipient of a Federal High18 way Administration or Federal Transit Administration 

19 grant from imposing such hiring preference on a contract 

20 or construction project with which the Department of 

21 Transportation is assisting, only if the grant recipient cer22 tifies the following: 

23 (1) that except with respect to apprentices or 

24 trainees, a pool of readily available but unemployed 

25 individuals possessing the knowledge, skill, and abil-
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1 ity to perform the work that the contract requires re2 sides in the jurisdiction; 

3 (2) that the grant recipient will include appro4 priate provisions in its bid document ensuring that 

5 the contractor does not displace any of its existing 

6 employees in order to satisfy such hiring preference; 

7 and 

8 (3) that any increase in the cost of labor, train9 ing, or delays resulting from the use of such hiring 

10 preference does not delay or displace any transpor11 tation project in the applicable Statewide Transpor12 tation Improvement Program or Transportation Im13 provement Program. 

14 This title may be cited as the ‘‘Department of Trans15 portation Appropriations Act, 2016’’. 

16 TITLE II 

17 DEPARTMENT OF HOUSING AND URBAN 

18 DEVELOPMENT 

19 MANAGEMENT AND ADMINISTRATION

20 EXECUTIVE OFFICES

21 For necessary salaries and expenses for Executive Of22 fices, which shall be comprised of the offices of the Secretary, 

23 Deputy Secretary, Adjudicatory Services, Congressional 

24 and Intergovernmental Relations, Public Affairs, Small 

25 and Disadvantaged Business Utilization, and the Center for 
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1 Faith-Based and Neighborhood Partnerships, $13,800,000: 

2 Provided, That not to exceed $25,000 of the amount made 

3 available under this heading shall be available to the Sec4 retary for official reception and representation expenses as 

5 the Secretary may determine. 

6 ADMINISTRATIVE SUPPORT OFFICES

7 For necessary salaries and expenses for Administrative 

8 Support Offices, $559,100,000, of which $79,000,000 shall 

9 be available for the Office of the Chief Financial Officer; 

10 $94,500,000 shall be available for the Office of the General 

11 Counsel; $207,600,000 shall be available for the Office of 

12 Administration; $56,300,000 shall be available for the Of13 fice of the Chief Human Capital Officer; $51,500,000 shall 

14 be available for the Office of Field Policy and Management; 

15 $17,200,000 shall be available for the Office of the Chief 

16 Procurement Officer; $3,300,000 shall be available for the 

17 Office of Departmental Equal Employment Opportunity; 

18 $4,500,000 shall be available for the Office of Strategic 

19 Planning and Management; and $45,200,000 shall be avail20 able for the Office of the Chief Information Officer: Pro21 vided, That funds provided under this heading may be used 

22 for necessary administrative and non-administrative ex23 penses of the Department of Housing and Urban Develop24 ment, not otherwise provided for, including purchase of uni25 forms, or allowances therefor, as authorized by 5 U.S.C. 
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1 5901–5902; hire of passenger motor vehicles; and services 

2 as authorized by 5 U.S.C. 3109: Provided further, That not3 withstanding any other provision of law, funds appro4 priated under this heading may be used for advertising and 

5 promotional activities that directly support program activi6 ties funded in this title: Provided further, That the Sec7 retary shall provide the House and Senate Committees on 

8 Appropriations quarterly written notification regarding the 

9 status of pending congressional reports: Provided further, 

10 That the Secretary shall provide in electronic form all 

11 signed reports required by Congress. 

12 PROGRAM OFFICE SALARIES AND EXPENSES

13 PUBLIC AND INDIAN HOUSING

14 For necessary salaries and expenses of the Office of 

15 Public and Indian Housing, $205,500,000. 

16 COMMUNITY PLANNING AND DEVELOPMENT

17 For necessary salaries and expenses of the Office of 

18 Community Planning and Development, $104,800,000. 

19 HOUSING

20 For necessary salaries and expenses of the Office of 

21 Housing, $375,000,000. 

22 POLICY DEVELOPMENT AND RESEARCH

23 For necessary salaries and expenses of the Office of 

24 Policy Development and Research, $23,100,000. 
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1 FAIR HOUSING AND EQUAL OPPORTUNITY

2 For necessary salaries and expenses of the Office of 

3 Fair Housing and Equal Opportunity, $72,000,000. 

4 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES

5 For necessary salaries and expenses of the Office of 

6 Lead Hazard Control and Healthy Homes, $7,000,000. 

7 WORKING CAPITAL FUND

8 (INCLUDING TRANSFER OF FUNDS)

9 There is hereby established in the United States Treas10 ury, pursuant to section 7(f) of the Department of Housing 

11 and Urban Development Act (42 U.S.C. 3535(f)), a working 

12 capital fund for the Department of Housing and Urban De13 velopment (referred to in this paragraph as the ‘‘Fund’’): 

14 Provided, That amounts transferred to the Fund under this 

15 heading shall be available for Federal shared services used 

16 by offices and agencies of the Department, and for such por17 tion of any office or agency’s printing, records management, 

18 space renovation, furniture, or supply services as the Sec19 retary determines shall be derived from centralized sources 

20 made available by the Department to all offices and agen21 cies and funded through the Fund: Provided further, That 

22 of the amounts made available in this title for salaries and 

23 expenses under the headings ‘‘Executive Offices’’, ‘‘Adminis24 trative Support Offices’’, ‘‘Program Office Salaries and Ex25 penses’’, and ‘‘Government National Mortgage Association’’, 
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1 the Secretary shall transfer to the Fund such amounts, to 

2 remain available until expended, as are necessary to fund 

3 services, specified in the first proviso, for which the appro4 priation would otherwise have been available, and may 

5 transfer not to exceed an additional $10,000,000, in aggre6 gate, from all such appropriations, to be merged with the 

7 Fund and to remain available until expended for use for 

8 any office or agency: Provided further, That amounts in 

9 the Fund shall be the only amounts available to each office 

10 or agency of the Department for the services, or portion of 

11 services, specified in the first proviso: Provided further, 

12 That with respect to the Fund, the authorities and condi13 tions under this heading shall supplant the authorities and 

14 conditions provided under section 7(f) of the Department 

15 of Housing and Urban Development Act. 

16 PUBLIC AND INDIAN HOUSING

17 TENANT-BASED RENTAL ASSISTANCE

18 For activities and assistance for the provision of ten19 ant-based rental assistance authorized under the United 

20 States Housing Act of 1937, as amended (42 U.S.C. 1437 

21 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

22 $15,628,525,000, to remain available until expended, shall 

23 be available on October 1, 2015 (in addition to the 

24 $4,000,000,000 previously appropriated under this heading 

25 that shall be available on October 1, 2015), and 
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•HR 2029 EAH 

1 $4,000,000,000, to remain available until expended, shall 

2 be available on October 1, 2016: Provided, That the 

3 amounts made available under this heading are provided 

4 as follows: 

5 (1) $17,681,451,000 shall be available for renew6 als of expiring section 8 tenant-based annual con7 tributions contracts (including renewals of enhanced 

8 vouchers under any provision of law authorizing such 

9 assistance under section 8(t) of the Act) and includ10 ing renewal of other special purpose incremental 

11 vouchers: Provided, That notwithstanding any other 

12 provision of law, from amounts provided under this 

13 paragraph and any carryover, the Secretary for the 

14 calendar year 2016 funding cycle shall provide re15 newal funding for each public housing agency based 

16 on validated voucher management system (VMS) leas17 ing and cost data for the prior calendar year and by 

18 applying an inflation factor as established by the Sec19 retary, by notice published in the Federal Register, 

20 and by making any necessary adjustments for the 

21 costs associated with the first-time renewal of vouch22 ers under this paragraph including tenant protection, 

23 HOPE VI, and Choice Neighborhoods vouchers: Pro24 vided further, That in determining calendar year 

25 2016 funding allocations under this heading for pub-
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1 lic housing agencies, including agencies participating 

2 in the Moving To Work (MTW) demonstration, the 

3 Secretary may take into account the anticipated im4 pact of changes in targeting and utility allowances, 

5 on public housing agencies’ contract renewal needs: 

6 Provided further, That none of the funds provided 

7 under this paragraph may be used to fund a total 

8 number of unit months under lease which exceeds a 

9 public housing agency’s authorized level of units 

10 under contract, except for public housing agencies 

11 participating in the MTW demonstration, which are 

12 instead governed by the terms and conditions of their 

13 MTW agreements: Provided further, That the Sec14 retary shall, to the extent necessary to stay within the 

15 amount specified under this paragraph (except as oth16 erwise modified under this paragraph), prorate each 

17 public housing agency’s allocation otherwise estab18 lished pursuant to this paragraph: Provided further, 

19 That except as provided in the following provisos, the 

20 entire amount specified under this paragraph (except 

21 as otherwise modified under this paragraph) shall be 

22 obligated to the public housing agencies based on the 

23 allocation and pro rata method described above, and 

24 the Secretary shall notify public housing agencies of 

25 their annual budget by the latter of 60 days after en-
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•HR 2029 EAH 

1 actment of this Act or March 1, 2016: Provided fur2 ther, That the Secretary may extend the notification 

3 period with the prior written approval of the House 

4 and Senate Committees on Appropriations: Provided 

5 further, That public housing agencies participating in 

6 the MTW demonstration shall be funded pursuant to 

7 their MTW agreements and shall be subject to the 

8 same pro rata adjustments under the previous pro9 visos: Provided further, That the Secretary may offset 

10 public housing agencies’ calendar year 2016 alloca11 tions based on the excess amounts of public housing 

12 agencies’ net restricted assets accounts, including 

13 HUD held programmatic reserves (in accordance with 

14 VMS data in calendar year 2015 that is verifiable 

15 and complete), as determined by the Secretary: Pro16 vided further, That public housing agencies partici17 pating in the MTW demonstration shall also be sub18 ject to the offset, as determined by the Secretary, ex19 cluding amounts subject to the single fund budget au20 thority provisions of their MTW agreements, from the 

21 agencies’ calendar year 2016 MTW funding alloca22 tion: Provided further, That the Secretary shall use 

23 any offset referred to in the previous two provisos 

24 throughout the calendar year to prevent the termi25 nation of rental assistance for families as the result 
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1 of insufficient funding, as determined by the Sec2 retary, and to avoid or reduce the proration of re3 newal funding allocations: Provided further, That up 

4 to $75,000,000 shall be available only: (1) for adjust5 ments in the allocations for public housing agencies, 

6 after application for an adjustment by a public hous7 ing agency that experienced a significant increase, as 

8 determined by the Secretary, in renewal costs of 

9 vouchers resulting from unforeseen circumstances or 

10 from portability under section 8(r) of the Act; (2) for 

11 vouchers that were not in use during the previous 12- 

12 month period in order to be available to meet a com13 mitment pursuant to section 8(o)(13) of the Act; (3) 

14 for adjustments for costs associated with HUD-Vet15 erans Affairs Supportive Housing (HUD–VASH) 

16 vouchers; and (4) for public housing agencies that de17 spite taking reasonable cost savings measures, as de18 termined by the Secretary, would otherwise be re19 quired to terminate rental assistance for families as 

20 a result of insufficient funding: Provided further, 

21 That the Secretary shall allocate amounts under the 

22 previous proviso based on need, as determined by the 

23 Secretary; 

24 (2) $130,000,000 shall be for section 8 rental as25 sistance for relocation and replacement of housing 
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•HR 2029 EAH 

1 units that are demolished or disposed of pursuant to 

2 section 18 of the Act, conversion of section 23 projects 

3 to assistance under section 8, the family unification 

4 program under section 8(x) of the Act, relocation of 

5 witnesses in connection with efforts to combat crime 

6 in public and assisted housing pursuant to a request 

7 from a law enforcement or prosecution agency, en8 hanced vouchers under any provision of law author9 izing such assistance under section 8(t) of the Act, 

10 HOPE VI and Choice Neighborhood vouchers, manda11 tory and voluntary conversions, and tenant protection 

12 assistance including replacement and relocation as13 sistance or for project-based assistance to prevent the 

14 displacement of unassisted elderly tenants currently 

15 residing in section 202 properties financed between 

16 1959 and 1974 that are refinanced pursuant to Pub17 lic Law 106–569, as amended, or under the authority 

18 as provided under this Act: Provided, That when a 

19 public housing development is submitted for demoli20 tion or disposition under section 18 of the Act, the 

21 Secretary may provide section 8 rental assistance 

22 when the units pose an imminent health and safety 

23 risk to residents: Provided further, That the Secretary 

24 may only provide replacement vouchers for units that 

25 were occupied within the previous 24 months that 
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•HR 2029 EAH 

1 cease to be available as assisted housing, subject only 

2 to the availability of funds: Provided further, That of 

3 the amounts made available under this paragraph, 

4 $5,000,000 may be available to provide tenant protec5 tion assistance, not otherwise provided under this 

6 paragraph, to residents residing in low vacancy areas 

7 and who may have to pay rents greater than 30 per8 cent of household income, as the result of: (A) the ma9 turity of a HUD-insured, HUD-held or section 202 

10 loan that requires the permission of the Secretary 

11 prior to loan prepayment; (B) the expiration of a 

12 rental assistance contract for which the tenants are 

13 not eligible for enhanced voucher or tenant protection 

14 assistance under existing law; or (C) the expiration of 

15 affordability restrictions accompanying a mortgage or 

16 preservation program administered by the Secretary: 

17 Provided further, That such tenant protection assist18 ance made available under the previous proviso may 

19 be provided under the authority of section 8(t) or sec20 tion 8(o)(13) of the United States Housing Act of 

21 1937 (42 U.S.C. 1437f(t)): Provided further, That 

22 any tenant protection voucher made available from 

23 amounts under this paragraph shall not be reissued 

24 by any public housing agency, except the replacement 

25 vouchers as defined by the Secretary by notice, when 
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•HR 2029 EAH 

1 the initial family that received any such voucher no 

2 longer receives such voucher, and the authority for 

3 any public housing agency to issue any such voucher 

4 shall cease to exist: Provided further, That the Sec5 retary, for the purpose under this paragraph, may 

6 use unobligated balances, including recaptures and 

7 carryovers, remaining from amounts appropriated in 

8 prior fiscal years under this heading for voucher as9 sistance for nonelderly disabled families and for dis10 aster assistance made available under Public Law 

11 110–329; 

12 (3) $1,650,000,000 shall be for administrative 

13 and other expenses of public housing agencies in ad14 ministering the section 8 tenant-based rental assist15 ance program, of which up to $10,000,000 shall be 

16 available to the Secretary to allocate to public hous17 ing agencies that need additional funds to administer 

18 their section 8 programs, including fees associated 

19 with section 8 tenant protection rental assistance, the 

20 administration of disaster related vouchers, Veterans 

21 Affairs Supportive Housing vouchers, and other spe22 cial purpose incremental vouchers: Provided, That no 

23 less than $1,640,000,000 of the amount provided in 

24 this paragraph shall be allocated to public housing 

25 agencies for the calendar year 2016 funding cycle 
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•HR 2029 EAH 

1 based on section 8(q) of the Act (and related Appro2 priation Act provisions) as in effect immediately be3 fore the enactment of the Quality Housing and Work 

4 Responsibility Act of 1998 (Public Law 105–276): 

5 Provided further, That if the amounts made available 

6 under this paragraph are insufficient to pay the 

7 amounts determined under the previous proviso, the 

8 Secretary may decrease the amounts allocated to 

9 agencies by a uniform percentage applicable to all 

10 agencies receiving funding under this paragraph or 

11 may, to the extent necessary to provide full payment 

12 of amounts determined under the previous proviso, 

13 utilize unobligated balances, including recaptures and 

14 carryovers, remaining from funds appropriated to the 

15 Department of Housing and Urban Development 

16 under this heading from prior fiscal years, excluding 

17 special purpose vouchers, notwithstanding the pur18 poses for which such amounts were appropriated: Pro19 vided further, That all public housing agencies par20 ticipating in the MTW demonstration shall be funded 

21 pursuant to their MTW agreements, and shall be sub22 ject to the same uniform percentage decrease as under 

23 the previous proviso: Provided further, That amounts 

24 provided under this paragraph shall be only for ac25 tivities related to the provision of tenant-based rental 
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•HR 2029 EAH 

1 assistance authorized under section 8, including re2 lated development activities; 

3 (4) $107,074,000 for the renewal of tenant-based 

4 assistance contracts under section 811 of the Cran5 ston-Gonzalez National Affordable Housing Act (42 

6 U.S.C. 8013), including necessary administrative ex7 penses: Provided, That administrative and other ex8 penses of public housing agencies in administering 

9 the special purpose vouchers in this paragraph shall 

10 be funded under the same terms and be subject to the 

11 same pro rata reduction as the percent decrease for 

12 administrative and other expenses to public housing 

13 agencies under paragraph (3) of this heading; 

14 (5) $60,000,000 for incremental rental voucher 

15 assistance for use through a supported housing pro16 gram administered in conjunction with the Depart17 ment of Veterans Affairs as authorized under section 

18 8(o)(19) of the United States Housing Act of 1937: 

19 Provided, That the Secretary of Housing and Urban 

20 Development shall make such funding available, not21 withstanding section 204 (competition provision) of 

22 this title, to public housing agencies that partner with 

23 eligible VA Medical Centers or other entities as des24 ignated by the Secretary of the Department of Vet25 erans Affairs, based on geographical need for such as-
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•HR 2029 EAH 

1 sistance as identified by the Secretary of the Depart2 ment of Veterans Affairs, public housing agency ad3 ministrative performance, and other factors as speci4 fied by the Secretary of Housing and Urban Develop5 ment in consultation with the Secretary of the De6 partment of Veterans Affairs: Provided further, That 

7 the Secretary of Housing and Urban Development 

8 may waive, or specify alternative requirements for (in 

9 consultation with the Secretary of the Department of 

10 Veterans Affairs), any provision of any statute or reg11 ulation that the Secretary of Housing and Urban De12 velopment administers in connection with the use of 

13 funds made available under this paragraph (except 

14 for requirements related to fair housing, non15 discrimination, labor standards, and the environ16 ment), upon a finding by the Secretary that any such 

17 waivers or alternative requirements are necessary for 

18 the effective delivery and administration of such 

19 voucher assistance: Provided further, That assistance 

20 made available under this paragraph shall continue 

21 to remain available for homeless veterans upon turn22 over; and 

23 (6) the Secretary shall separately track all spe24 cial purpose vouchers funded under this heading. 
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1 HOUSING CERTIFICATE FUND

2 (INCLUDING RESCISSIONS)

3 Unobligated balances, including recaptures and carry4 over, remaining from funds appropriated to the Depart5 ment of Housing and Urban Development under this head6 ing, the heading ‘‘Annual Contributions for Assisted Hous7 ing’’ and the heading ‘‘Project-Based Rental Assistance’’, 

8 for fiscal year 2016 and prior years may be used for re9 newal of or amendments to section 8 project-based contracts 

10 and for performance-based contract administrators, not11 withstanding the purposes for which such funds were appro12 priated: Provided, That any obligated balances of contract 

13 authority from fiscal year 1974 and prior that have been 

14 terminated shall be rescinded: Provided further, That 

15 amounts heretofore recaptured, or recaptured during the 

16 current fiscal year, from section 8 project-based contracts 

17 from source years fiscal year 1975 through fiscal year 1987 

18 are hereby rescinded, and an amount of additional new 

19 budget authority, equivalent to the amount rescinded is 

20 hereby appropriated, to remain available until expended, 

21 for the purposes set forth under this heading, in addition 

22 to amounts otherwise available. 

23 PUBLIC HOUSING CAPITAL FUND

24 For the Public Housing Capital Fund Program to 

25 carry out capital and management activities for public 
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•HR 2029 EAH 

1 housing agencies, as authorized under section 9 of the 

2 United States Housing Act of 1937 (42 U.S.C. 1437g) (the 

3 ‘‘Act’’) $1,900,000,000, to remain available until September 

4 30, 2019: Provided, That notwithstanding any other provi5 sion of law or regulation, during fiscal year 2016, the Sec6 retary of Housing and Urban Development may not dele7 gate to any Department official other than the Deputy Sec8 retary and the Assistant Secretary for Public and Indian 

9 Housing any authority under paragraph (2) of section 9(j) 

10 regarding the extension of the time periods under such sec11 tion: Provided further, That for purposes of such section 

12 9(j), the term ‘‘obligate’’ means, with respect to amounts, 

13 that the amounts are subject to a binding agreement that 

14 will result in outlays, immediately or in the future: Pro15 vided further, That up to $3,000,000 shall be to support 

16 ongoing Public Housing Financial and Physical Assess17 ment activities: Provided further, That up to $1,000,000 

18 shall be to support the costs of administrative and judicial 

19 receiverships: Provided further, That of the total amount 

20 provided under this heading, not to exceed $21,500,000 shall 

21 be available for the Secretary to make grants, notwith22 standing section 204 of this Act, to public housing agencies 

23 for emergency capital needs including safety and security 

24 measures necessary to address crime and drug-related activ25 ity as well as needs resulting from unforeseen or unprevent-
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•HR 2029 EAH 

1 able emergencies and natural disasters excluding Presi2 dentially declared emergencies and natural disasters under 

3 the Robert T. Stafford Disaster Relief and Emergency Act 

4 (42 U.S.C. 5121 et seq.) occurring in fiscal year 2016: Pro5 vided further, That of the amount made available under the 

6 previous proviso, not less than $5,000,000 shall be for safety 

7 and security measures: Provided further, That of the total 

8 amount provided under this heading $35,000,000 shall be 

9 for supportive services, service coordinator and congregate 

10 services as authorized by section 34 of the Act (42 U.S.C. 

11 1437z–6) and the Native American Housing Assistance and 

12 Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.): 

13 Provided further, That of the total amount made available 

14 under this heading, $15,000,000 shall be for a Jobs-Plus 

15 initiative modeled after the Jobs-Plus demonstration: Pro16 vided further, That the funding provided under the previous 

17 proviso shall provide competitive grants to partnerships be18 tween public housing authorities, local workforce investment 

19 boards established under section 117 of the Workforce In20 vestment Act of 1998, and other agencies and organizations 

21 that provide support to help public housing residents obtain 

22 employment and increase earnings: Provided further, That 

23 applicants must demonstrate the ability to provide services 

24 to residents, partner with workforce investment boards, and 

25 leverage service dollars: Provided further, That the Sec-
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•HR 2029 EAH 

1 retary may allow public housing agencies to request exemp2 tions from rent and income limitation requirements under 

3 sections 3 and 6 of the United States Housing Act of 1937 

4 as necessary to implement the Jobs-Plus program, on such 

5 terms and conditions as the Secretary may approve upon 

6 a finding by the Secretary that any such waivers or alter7 native requirements are necessary for the effective imple8 mentation of the Jobs-Plus initiative as a voluntary pro9 gram for residents: Provided further, That the Secretary 

10 shall publish by notice in the Federal Register any waivers 

11 or alternative requirements pursuant to the preceding pro12 viso no later than 10 days before the effective date of such 

13 notice: Provided further, That for funds provided under this 

14 heading, the limitation in section 9(g)(1) of the Act shall 

15 be 25 percent: Provided further, That the Secretary may 

16 waive the limitation in the previous proviso to allow public 

17 housing agencies to fund activities authorized under section 

18 9(e)(1)(C) of the Act: Provided further, That the Secretary 

19 shall notify public housing agencies requesting waivers 

20 under the previous proviso if the request is approved or de21 nied within 14 days of submitting the request: Provided fur22 ther, That from the funds made available under this head23 ing, the Secretary shall provide bonus awards in fiscal year 

24 2016 to public housing agencies that are designated high 

25 performers: Provided further, That the Department shall 
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•HR 2029 EAH 

1 notify public housing agencies of their formula allocation 

2 within 60 days of enactment of this Act. 

3 PUBLIC HOUSING OPERATING FUND

4 For 2016 payments to public housing agencies for the 

5 operation and management of public housing, as authorized 

6 by section 9(e) of the United States Housing Act of 1937 

7 (42 U.S.C. 1437g(e)), $4,500,000,000, to remain available 

8 until September 30, 2017. 

9 CHOICE NEIGHBORHOODS INITIATIVE

10 For competitive grants under the Choice Neighborhoods 

11 Initiative (subject to section 24 of the United States Hous12 ing Act of 1937 (42 U.S.C. 1437v), unless otherwise speci13 fied under this heading), for transformation, rehabilitation, 

14 and replacement housing needs of both public and HUD15 assisted housing and to transform neighborhoods of poverty 

16 into functioning, sustainable mixed income neighborhoods 

17 with appropriate services, schools, public assets, transpor18 tation and access to jobs, $125,000,000, to remain available 

19 until September 30, 2018: Provided, That grant funds may 

20 be used for resident and community services, community 

21 development, and affordable housing needs in the commu22 nity, and for conversion of vacant or foreclosed properties 

23 to affordable housing: Provided further, That the use of 

24 funds made available under this heading shall not be 

25 deemed to be public housing notwithstanding section 3(b)(1) 
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•HR 2029 EAH 

1 of such Act: Provided further, That grantees shall commit 

2 to an additional period of affordability determined by the 

3 Secretary of not fewer than 20 years: Provided further, That 

4 grantees shall undertake comprehensive local planning with 

5 input from residents and the community, and that grantees 

6 shall provide a match in State, local, other Federal or pri7 vate funds: Provided further, That grantees may include 

8 local governments, tribal entities, public housing authori9 ties, and nonprofits: Provided further, That for-profit devel10 opers may apply jointly with a public entity: Provided fur11 ther, That for purposes of environmental review, a grantee 

12 shall be treated as a public housing agency under section 

13 26 of the United States Housing Act of 1937 (42 U.S.C. 

14 1437x), and grants under this heading shall be subject to 

15 the regulations issued by the Secretary to implement such 

16 section: Provided further, That of the amount provided, not 

17 less than $75,000,000 shall be awarded to public housing 

18 agencies: Provided further, That such grantees shall create 

19 partnerships with other local organizations including as20 sisted housing owners, service agencies, and resident organi21 zations: Provided further, That the Secretary shall consult 

22 with the Secretaries of Education, Labor, Transportation, 

23 Health and Human Services, Agriculture, and Commerce, 

24 the Attorney General, and the Administrator of the Envi25 ronmental Protection Agency to coordinate and leverage 
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•HR 2029 EAH 

1 other appropriate Federal resources: Provided further, That 

2 no more than $5,000,000 of funds made available under this 

3 heading may be provided to assist communities in devel4 oping comprehensive strategies for implementing this pro5 gram or implementing other revitalization efforts in con6 junction with community notice and input: Provided fur7 ther, That the Secretary shall develop and publish guide8 lines for the use of such competitive funds, including but 

9 not limited to eligible activities, program requirements, and 

10 performance metrics: Provided further, That unobligated 

11 balances, including recaptures, remaining from funds ap12 propriated under the heading ‘‘Revitalization of Severely 

13 Distressed Public Housing (HOPE VI)’’ in fiscal year 2011 

14 and prior fiscal years may be used for purposes under this 

15 heading, notwithstanding the purposes for which such 

16 amounts were appropriated. 

17 FAMILY SELF-SUFFICIENCY

18 For the Family Self-Sufficiency program to support 

19 family self-sufficiency coordinators under section 23 of the 

20 United States Housing Act of 1937, to promote the develop21 ment of local strategies to coordinate the use of assistance 

22 under sections 8(o) and 9 of such Act with public and pri23 vate resources, and enable eligible families to achieve eco24 nomic independence and self-sufficiency, $75,000,000, to re25 main available until September 30, 2017: Provided, That 
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1 the Secretary may, by Federal Register notice, waive or 

2 specify alternative requirements under sections b(3), b(4), 

3 b(5), or c(1) of section 23 of such Act in order to facilitate 

4 the operation of a unified self-sufficiency program for indi5 viduals receiving assistance under different provisions of 

6 the Act, as determined by the Secretary: Provided further, 

7 That owners of a privately owned multifamily property 

8 with a section 8 contract may voluntarily make a Family 

9 Self-Sufficiency program available to the assisted tenants 

10 of such property in accordance with procedures established 

11 by the Secretary: Provided further, That such procedures 

12 established pursuant to the previous proviso shall permit 

13 participating tenants to accrue escrow funds in accordance 

14 with section 23(d)(2) and shall allow owners to use funding 

15 from residual receipt accounts to hire coordinators for their 

16 own Family Self-Sufficiency program. 

17 NATIVE AMERICAN HOUSING BLOCK GRANTS

18 For the Native American Housing Block Grants pro19 gram, as authorized under title I of the Native American 

20 Housing Assistance and Self-Determination Act of 1996 

21 (NAHASDA) (25 U.S.C. 4111 et seq.), $650,000,000, to re22 main available until September 30, 2020: Provided, That, 

23 notwithstanding the Native American Housing Assistance 

24 and Self-Determination Act of 1996, to determine the 

25 amount of the allocation under title I of such Act for each 
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1 Indian tribe, the Secretary shall apply the formula under 

2 section 302 of such Act with the need component based on 

3 single-race census data and with the need component based 

4 on multi-race census data, and the amount of the allocation 

5 for each Indian tribe shall be the greater of the two resulting 

6 allocation amounts: Provided further, That of the amounts 

7 made available under this heading, $3,500,000 shall be con8 tracted for assistance for national or regional organizations 

9 representing Native American housing interests for pro10 viding training and technical assistance to Indian housing 

11 authorities and tribally designated housing entities as au12 thorized under NAHASDA: Provided further, That of the 

13 funds made available under the previous proviso, not less 

14 than $2,000,000 shall be made available for a national or15 ganization as authorized under section 703 of NAHASDA 

16 (25 U.S.C. 4212): Provided further, That of the amounts 

17 made available under this heading, $2,000,000 shall be to 

18 support the inspection of Indian housing units, contract ex19 pertise, training, and technical assistance in the training, 

20 oversight, and management of such Indian housing and ten21 ant-based assistance: Provided further, That of the amount 

22 provided under this heading, $2,000,000 shall be made 

23 available for the cost of guaranteed notes and other obliga24 tions, as authorized by title VI of NAHASDA: Provided fur25 ther, That such costs, including the costs of modifying such 
1514 

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1 notes and other obligations, shall be as defined in section 

2 502 of the Congressional Budget Act of 1974, as amended: 

3 Provided further, That these funds are available to subsidize 

4 the total principal amount of any notes and other obliga5 tions, any part of which is to be guaranteed, not to exceed 

6 $17,452,007: Provided further, That the Department will 

7 notify grantees of their formula allocation within 60 days 

8 of the date of enactment of this Act: Provided further, not9 withstanding section 302(d) of NAHASDA, if on January 

10 1, 2016, a recipient’s total amount of undisbursed block 

11 grants in the Department’s line of credit control system is 

12 greater than three times the formula allocation it would oth13 erwise receive under this heading, the Secretary shall adjust 

14 that recipient’s formula allocation down by the difference 

15 between its total amount of undisbursed block grants in the 

16 Department’s line of credit control system on January 1, 

17 2016, and three times the formula allocation it would other18 wise receive: Provided further, That grant amounts not allo19 cated to a recipient pursuant to the previous proviso shall 

20 be allocated under the need component of the formula pro21 portionately among all other Indian tribes not subject to 

22 an adjustment: Provided further, That the two previous pro23 visos shall not apply to any Indian tribe that would other24 wise receive a formula allocation of less than $8,000,000: 

25 Provided further, That to take effect, the three previous pro-
1515 

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1 visos do not require issuance or amendment of any regula2 tion, and shall not be construed to confer hearing rights 

3 under any section of NAHASDA or its implementing regu4 lations. 

5 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

6 ACCOUNT

7 For the cost of guaranteed loans, as authorized by sec8 tion 184 of the Housing and Community Development Act 

9 of 1992 (12 U.S.C. 1715z–13a), $7,500,000, to remain 

10 available until expended: Provided, That such costs, includ11 ing the costs of modifying such loans, shall be as defined 

12 in section 502 of the Congressional Budget Act of 1974: Pro13 vided further, That these funds are available to subsidize 

14 total loan principal, any part of which is to be guaranteed, 

15 up to $1,190,476,190, to remain available until expended: 

16 Provided further, That up to $750,000 of this amount may 

17 be for administrative contract expenses including manage18 ment processes and systems to carry out the loan guarantee 

19 program. 

20 COMMUNITY PLANNING AND DEVELOPMENT

21 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

22 For carrying out the Housing Opportunities for Per23 sons with AIDS program, as authorized by the AIDS Hous24 ing Opportunity Act (42 U.S.C. 12901 et seq.), 

25 $335,000,000, to remain available until September 30, 
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1 2017, except that amounts allocated pursuant to section 

2 854(c)(3) of such Act shall remain available until Sep3 tember 30, 2018: Provided, That the Secretary shall renew 

4 all expiring contracts for permanent supportive housing 

5 that initially were funded under section 854(c)(3) of such 

6 Act from funds made available under this heading in fiscal 

7 year 2010 and prior fiscal years that meet all program re8 quirements before awarding funds for new contracts under 

9 such section: Provided further, That the Department shall 

10 notify grantees of their formula allocation within 60 days 

11 of enactment of this Act. 

12 COMMUNITY DEVELOPMENT FUND

13 For assistance to units of State and local government, 

14 and to other entities, for economic and community develop15 ment activities, and for other purposes, $3,060,000,000, to 

16 remain available until September 30, 2018, unless otherwise 

17 specified: Provided, That of the total amount provided, 

18 $3,000,000,000 is for carrying out the community develop19 ment block grant program under title I of the Housing and 

20 Community Development Act of 1974, as amended (‘‘the 

21 Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, 

22 That unless explicitly provided for under this heading, not 

23 to exceed 20 percent of any grant made with funds appro24 priated under this heading shall be expended for planning 

25 and management development and administration: Pro-
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1 vided further, That a metropolitan city, urban county, unit 

2 of general local government, or Indian tribe, or insular area 

3 that directly or indirectly receives funds under this heading 

4 may not sell, trade, or otherwise transfer all or any portion 

5 of such funds to another such entity in exchange for any 

6 other funds, credits or non-Federal considerations, but must 

7 use such funds for activities eligible under title I of the Act: 

8 Provided further, That notwithstanding section 105(e)(1) of 

9 the Act, no funds provided under this heading may be pro10 vided to a for-profit entity for an economic development 

11 project under section 105(a)(17) unless such project has 

12 been evaluated and selected in accordance with guidelines 

13 required under subparagraph (e)(2): Provided further, That 

14 none of the funds made available under this heading may 

15 be used for grants for the Economic Development Initiative 

16 (‘‘EDI’’) or Neighborhood Initiatives activities, Rural Inno17 vation Fund, or for grants pursuant to section 107 of the 

18 Housing and Community Development Act of 1974 (42 

19 U.S.C. 5307): Provided further, That the Department shall 

20 notify grantees of their formula allocation within 60 days 

21 of enactment of this Act: Provided further, That of the total 

22 amount provided under this heading $60,000,000 shall be 

23 for grants to Indian tribes notwithstanding section 

24 106(a)(1) of such Act, of which, notwithstanding any other 

25 provision of law (including section 204 of this Act), up to 
1518 

•HR 2029 EAH 

1 $4,000,000 may be used for emergencies that constitute im2 minent threats to health and safety. 

3 COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM

4 ACCOUNT

5 (INCLUDING RESCISSION)

6 Subject to section 502 of the Congressional Budget Act 

7 of 1974, during fiscal year 2016, commitments to guarantee 

8 loans under section 108 of the Housing and Community 

9 Development Act of 1974 (42 U.S.C. 5308), any part of 

10 which is guaranteed, shall not exceed a total principal 

11 amount of $300,000,000, notwithstanding any aggregate 

12 limitation on outstanding obligations guaranteed in sub13 section (k) of such section 108: Provided, That the Secretary 

14 shall collect fees from borrowers, notwithstanding subsection 

15 (m) of such section 108, to result in a credit subsidy cost 

16 of zero for guaranteeing such loans, and any such fees shall 

17 be collected in accordance with section 502(7) of the Con18 gressional Budget Act of 1974: Provided further, That all 

19 unobligated balances, including recaptures and carryover, 

20 remaining from funds appropriated to the Department of 

21 Housing and Urban Development under this heading are 

22 hereby permanently rescinded. 

23 HOME INVESTMENT PARTNERSHIPS PROGRAM

24 For the HOME Investment Partnerships program, as 

25 authorized under title II of the Cranston-Gonzalez National 
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1 Affordable Housing Act, as amended, $950,000,000, to re2 main available until September 30, 2019: Provided, That 

3 notwithstanding the amount made available under this 

4 heading, the threshold reduction requirements in sections 

5 216(10) and 217(b)(4) of such Act shall not apply to alloca6 tions of such amount: Provided further, That the require7 ments under provisos 2 through 6 under this heading for 

8 fiscal year 2012 and such requirements applicable pursuant 

9 to the ‘‘Full-Year Continuing Appropriations Act, 2013’’, 

10 shall not apply to any project to which funds were com11 mitted on or after August 23, 2013, but such projects shall 

12 instead be governed by the Final Rule titled ‘‘Home Invest13 ment Partnerships Program; Improving Performance and 

14 Accountability; Updating Property Standards’’ which be15 came effective on such date: Provided further, That with re16 spect to funds made available under this heading pursuant 

17 to such Act and funds provided in prior and subsequent 

18 appropriations acts that were or are used by community 

19 land trusts for the development of affordable homeownership 

20 housing pursuant to section 215(b) of such Act, such com21 munity land trusts, notwithstanding section 215(b)(3)(A) 

22 of such Act, may hold and exercise purchase options, rights 

23 of first refusal or other preemptive rights to purchase the 

24 housing to preserve affordability, including but not limited 

25 to the right to purchase the housing in lieu of foreclosure: 
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1 Provided further, That the Department shall notify grantees 

2 of their formula allocation within 60 days of enactment of 

3 this Act. 

4 SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY

5 PROGRAM

6 For the Self-Help and Assisted Homeownership Op7 portunity Program, as authorized under section 11 of the 

8 Housing Opportunity Program Extension Act of 1996, as 

9 amended, $50,000,000, to remain available until September 

10 30, 2018: Provided, That of the total amount provided 

11 under this heading, $10,000,000 shall be made available to 

12 the Self-Help and Assisted Homeownership Opportunity 

13 Program as authorized under section 11 of the Housing Op14 portunity Program Extension Act of 1996, as amended: 

15 Provided further, That of the total amount provided under 

16 this heading, $35,000,000 shall be made available for the 

17 second, third, and fourth capacity building activities au18 thorized under section 4(a) of the HUD Demonstration Act 

19 of 1993 (42 U.S.C. 9816 note), of which not less than 

20 $5,000,000 shall be made available for rural capacity build21 ing activities: Provided further, That of the total amount 

22 provided under this heading, $5,000,000 shall be made 

23 available for capacity building by national rural housing 

24 organizations with experience assessing national rural con25 ditions and providing financing, training, technical assist-
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•HR 2029 EAH 

1 ance, information, and research to local nonprofits, local 

2 governments and Indian Tribes serving high need rural 

3 communities: Provided further, That an additional 

4 $5,700,000, to remain available until expended, shall be for 

5 a program to rehabilitate and modify homes of disabled or 

6 low-income veterans as authorized under section 1079 of 

7 Public Law 113–291. 

8 HOMELESS ASSISTANCE GRANTS

9 For the Emergency Solutions Grants program as au10 thorized under subtitle B of title IV of the McKinney-Vento 

11 Homeless Assistance Act, as amended; the Continuum of 

12 Care program as authorized under subtitle C of title IV of 

13 such Act; and the Rural Housing Stability Assistance pro14 gram as authorized under subtitle D of title IV of such Act, 

15 $2,250,000,000, to remain available until September 30, 

16 2018: Provided, That any rental assistance amounts that 

17 are recaptured under such Continuum of Care program 

18 shall remain available until expended: Provided further, 

19 That not less than $250,000,000 of the funds appropriated 

20 under this heading shall be available for such Emergency 

21 Solutions Grants program: Provided further, That not less 

22 than $1,918,000,000 of the funds appropriated under this 

23 heading shall be available for such Continuum of Care and 

24 Rural Housing Stability Assistance programs: Provided 

25 further, That up to $7,000,000 of the funds appropriated 
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•HR 2029 EAH 

1 under this heading shall be available for the national home2 less data analysis project: Provided further, That all funds 

3 awarded for supportive services under the Continuum of 

4 Care program and the Rural Housing Stability Assistance 

5 program shall be matched by not less than 25 percent in 

6 cash or in kind by each grantee: Provided further, That for 

7 all match requirements applicable to funds made available 

8 under this heading for this fiscal year and prior years, a 

9 grantee may use (or could have used) as a source of match 

10 funds other funds administered by the Secretary and other 

11 Federal agencies unless there is (or was) a specific statutory 

12 prohibition on any such use of any such funds: Provided 

13 further, That the Secretary shall establish system perform14 ance measures for which each continuum of care shall re15 port baseline outcomes, and that relative to fiscal year 2015, 

16 under the Continuum of Care competition with respect to 

17 funds made available under this heading, the Secretary 

18 shall base an increasing share of the score on performance 

19 criteria: Provided further, That none of the funds provided 

20 under this heading shall be available to provide funding 

21 for new projects, except for projects created through realloca22 tion, unless the Secretary determines that the continuum 

23 of care has demonstrated that projects are evaluated and 

24 ranked based on the degree to which they improve the con25 tinuum of care’s system performance: Provided further, 
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•HR 2029 EAH 

1 That the Secretary shall prioritize funding under the Con2 tinuum of Care program to continuums of care that have 

3 demonstrated a capacity to reallocate funding from lower 

4 performing projects to higher performing projects: Provided 

5 further, That all awards of assistance under this heading 

6 shall be required to coordinate and integrate homeless pro7 grams with other mainstream health, social services, and 

8 employment programs for which homeless populations may 

9 be eligible: Provided further, That with respect to funds pro10 vided under this heading for the Continuum of Care pro11 gram for fiscal years 2013, 2014, 2015, and 2016 provision 

12 of permanent housing rental assistance may be adminis13 tered by private nonprofit organizations: Provided further, 

14 That any unobligated amounts remaining from funds ap15 propriated under this heading in fiscal year 2012 and prior 

16 years for project-based rental assistance for rehabilitation 

17 projects with 10-year grant terms may be used for purposes 

18 under this heading, notwithstanding the purposes for which 

19 such funds were appropriated: Provided further, That all 

20 balances for Shelter Plus Care renewals previously funded 

21 from the Shelter Plus Care Renewal account and trans22 ferred to this account shall be available, if recaptured, for 

23 Continuum of Care renewals in fiscal year 2016: Provided 

24 further, That the Department shall notify grantees of their 

25 formula allocation from amounts allocated (which may rep-
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•HR 2029 EAH 

1 resent initial or final amounts allocated) for the Emergency 

2 Solutions Grant program within 60 days of enactment of 

3 this Act: Provided further, That up to $33,000,000 of the 

4 funds appropriated under this heading shall be to imple5 ment projects to demonstrate how a comprehensive ap6 proach to serving homeless youth, age 24 and under, in up 

7 to 10 communities, including at least four rural commu8 nities, can dramatically reduce youth homelessness: Pro9 vided further, That such projects shall be eligible for renewal 

10 under the Continuum of Care program subject to the same 

11 terms and conditions as other renewal applicants: Provided 

12 further, That up to $5,000,000 of the funds appropriated 

13 under this heading shall be available to provide technical 

14 assistance on youth homelessness, and collection, analysis, 

15 and reporting of data and performance measures under the 

16 comprehensive approaches to serve homeless youth, in addi17 tion to and in coordination with other technical assistance 

18 funds provided under this title: Provided further, That 

19 youth aged 24 and under seeking assistance under this 

20 heading shall not be required to provide third party docu21 mentation to establish their eligibility under 42 U.S.C. 

22 11302(a) or (b) to receive services: Provided further, That 

23 unaccompanied youth aged 24 and under or families head24 ed by youth aged 24 and under who are living in unsafe 

25 situations may be served by youth-serving providers funded 
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•HR 2029 EAH 

1 under this heading: Provided further, That the Secretary 

2 may use amounts made available under this heading for 

3 the Continuum of Care program to renew a grant originally 

4 awarded pursuant to the matter under the heading ‘‘De5 partment of Housing and Urban Development—Permanent 

6 Supportive Housing’’ in chapter 6 of title III of the Supple7 mental Appropriations Act, 2008 (Public Law 110–252; 

8 122 Stat. 2351) for assistance under subtitle F of title IV 

9 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

10 11403 et seq.): Provided further, That such renewal grant 

11 shall be awarded to the same grantee and be subject to the 

12 provisions of such Continuum of Care program except that 

13 the funds may be used outside the geographic area of the 

14 continuum of care. 

15 HOUSING PROGRAMS

16 PROJECT-BASED RENTAL ASSISTANCE

17 For activities and assistance for the provision of 

18 project-based subsidy contracts under the United States 

19 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the Act’’), 

20 not otherwise provided for, $10,220,000,000, to remain 

21 available until expended, shall be available on October 1, 

22 2015 (in addition to the $400,000,000 previously appro23 priated under this heading that became available October 

24 1, 2015), and $400,000,000, to remain available until ex25 pended, shall be available on October 1, 2016: Provided, 
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1 That the amounts made available under this heading shall 

2 be available for expiring or terminating section 8 project3 based subsidy contracts (including section 8 moderate reha4 bilitation contracts), for amendments to section 8 project5 based subsidy contracts (including section 8 moderate reha6 bilitation contracts), for contracts entered into pursuant to 

7 section 441 of the McKinney-Vento Homeless Assistance Act 

8 (42 U.S.C. 11401), for renewal of section 8 contracts for 

9 units in projects that are subject to approved plans of action 

10 under the Emergency Low Income Housing Preservation 

11 Act of 1987 or the Low-Income Housing Preservation and 

12 Resident Homeownership Act of 1990, and for administra13 tive and other expenses associated with project-based activi14 ties and assistance funded under this paragraph: Provided 

15 further, That of the total amounts provided under this head16 ing, not to exceed $215,000,000 shall be available for per17 formance-based contract administrators for section 8 

18 project-based assistance, for carrying out 42 U.S.C. 1437(f): 

19 Provided further, That the Secretary of Housing and Urban 

20 Development may also use such amounts in the previous 

21 proviso for performance-based contract administrators for 

22 the administration of: interest reduction payments pursu23 ant to section 236(a) of the National Housing Act (12 

24 U.S.C. 1715z–1(a)); rent supplement payments pursuant to 

25 section 101 of the Housing and Urban Development Act of 
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1 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance 

2 payments (12 U.S.C. 1715z–1(f)(2)); project rental assist3 ance contracts for the elderly under section 202(c)(2) of the 

4 Housing Act of 1959 (12 U.S.C. 1701q); project rental as5 sistance contracts for supportive housing for persons with 

6 disabilities under section 811(d)(2) of the Cranston-Gon7 zalez National Affordable Housing Act (42 U.S.C. 

8 8013(d)(2)); project assistance contracts pursuant to section 

9 202(h) of the Housing Act of 1959 (Public Law 86–372; 

10 73 Stat. 667); and loans under section 202 of the Housing 

11 Act of 1959 (Public Law 86–372; 73 Stat. 667): Provided 

12 further, That amounts recaptured under this heading, the 

13 heading ‘‘Annual Contributions for Assisted Housing’’, or 

14 the heading ‘‘Housing Certificate Fund’’, may be used for 

15 renewals of or amendments to section 8 project-based con16 tracts or for performance-based contract administrators, 

17 notwithstanding the purposes for which such amounts were 

18 appropriated: Provided further, That, notwithstanding any 

19 other provision of law, upon the request of the Secretary 

20 of Housing and Urban Development, project funds that are 

21 held in residual receipts accounts for any project subject 

22 to a section 8 project-based Housing Assistance Payments 

23 contract that authorizes HUD or a Housing Finance Agen24 cy to require that surplus project funds be deposited in an 

25 interest-bearing residual receipts account and that are in 
1528 

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1 excess of an amount to be determined by the Secretary, shall 

2 be remitted to the Department and deposited in this ac3 count, to be available until expended: Provided further, 

4 That amounts deposited pursuant to the previous proviso 

5 shall be available in addition to the amount otherwise pro6 vided by this heading for uses authorized under this head7 ing. 

8 HOUSING FOR THE ELDERLY

9 For amendments to capital advance contracts for hous10 ing for the elderly, as authorized by section 202 of the Hous11 ing Act of 1959, as amended, and for project rental assist12 ance for the elderly under section 202(c)(2) of such Act, in13 cluding amendments to contracts for such assistance and 

14 renewal of expiring contracts for such assistance for up to 

15 a 1-year term, and for senior preservation rental assistance 

16 contracts, including renewals, as authorized by section 

17 811(e) of the American Housing and Economic Oppor18 tunity Act of 2000, as amended, and for supportive services 

19 associated with the housing, $432,700,000 to remain avail20 able until September 30, 2019: Provided, That of the 

21 amount provided under this heading, up to $77,000,000 

22 shall be for service coordinators and the continuation of ex23 isting congregate service grants for residents of assisted 

24 housing projects: Provided further, That amounts under this 

25 heading shall be available for Real Estate Assessment Cen-
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1 ter inspections and inspection-related activities associated 

2 with section 202 projects: Provided further, That the Sec3 retary may waive the provisions of section 202 governing 

4 the terms and conditions of project rental assistance, except 

5 that the initial contract term for such assistance shall not 

6 exceed 5 years in duration: Provided further, That upon 

7 request of the Secretary of Housing and Urban Develop8 ment, project funds that are held in residual receipts ac9 counts for any project subject to a section 202 project rental 

10 assistance contract, and that upon termination of such con11 tract are in excess of an amount to be determined by the 

12 Secretary, shall be remitted to the Department and depos13 ited in this account, to be available until September 30, 

14 2019: Provided further, That amounts deposited in this ac15 count pursuant to the previous proviso shall be available, 

16 in addition to the amounts otherwise provided by this head17 ing, for amendments and renewals: Provided further, That 

18 unobligated balances, including recaptures and carryover, 

19 remaining from funds transferred to or appropriated under 

20 this heading shall be available for amendments and renew21 als notwithstanding the purposes for which such funds 

22 originally were appropriated. 

23 HOUSING FOR PERSONS WITH DISABILITIES

24 For amendments to capital advance contracts for sup25 portive housing for persons with disabilities, as authorized 
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1 by section 811 of the Cranston-Gonzalez National Affordable 

2 Housing Act (42 U.S.C. 8013), for project rental assistance 

3 for supportive housing for persons with disabilities under 

4 section 811(d)(2) of such Act and for project assistance con5 tracts pursuant to section 202(h) of the Housing Act of 1959 

6 (Public Law 86–372; 73 Stat. 667), including amendments 

7 to contracts for such assistance and renewal of expiring con8 tracts for such assistance for up to a 1-year term, for project 

9 rental assistance to State housing finance agencies and 

10 other appropriate entities as authorized under section 

11 811(b)(3) of the Cranston-Gonzalez National Housing Act, 

12 and for supportive services associated with the housing for 

13 persons with disabilities as authorized by section 811(b)(1) 

14 of such Act, $150,600,000, to remain available until Sep15 tember 30, 2019: Provided, That amounts made available 

16 under this heading shall be available for Real Estate Assess17 ment Center inspections and inspection-related activities 

18 associated with section 811 projects: Provided further, That, 

19 in this fiscal year, upon the request of the Secretary of 

20 Housing and Urban Development, project funds that are 

21 held in residual receipts accounts for any project subject 

22 to a section 811 project rental assistance contract and that 

23 upon termination of such contract are in excess of an 

24 amount to be determined by the Secretary shall be remitted 

25 to the Department and deposited in this account, to be 
1531 

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1 available until September 30, 2019: Provided further, That 

2 amounts deposited in this account pursuant to the previous 

3 proviso shall be available in addition to the amounts other4 wise provided by this heading for amendments and renew5 als: Provided further, That unobligated balances, including 

6 recaptures and carryover, remaining from funds transferred 

7 to or appropriated under this heading shall be used for 

8 amendments and renewals notwithstanding the purposes for 

9 which such funds originally were appropriated. 

10 HOUSING COUNSELING ASSISTANCE

11 For contracts, grants, and other assistance excluding 

12 loans, as authorized under section 106 of the Housing and 

13 Urban Development Act of 1968, as amended, $47,000,000, 

14 to remain available until September 30, 2017, including 

15 up to $4,500,000 for administrative contract services: Pro16 vided, That grants made available from amounts provided 

17 under this heading shall be awarded within 180 days of 

18 enactment of this Act: Provided further, That funds shall 

19 be used for providing counseling and advice to tenants and 

20 homeowners, both current and prospective, with respect to 

21 property maintenance, financial management/literacy, and 

22 such other matters as may be appropriate to assist them 

23 in improving their housing conditions, meeting their finan24 cial needs, and fulfilling the responsibilities of tenancy or 

25 homeownership; for program administration; and for hous-
1532 

•HR 2029 EAH 

1 ing counselor training: Provided further, That for purposes 

2 of providing such grants from amounts provided under this 

3 heading, the Secretary may enter into multiyear agree4 ments as appropriate, subject to the availability of annual 

5 appropriations. 

6 RENTAL HOUSING ASSISTANCE

7 For amendments to contracts under section 101 of the 

8 Housing and Urban Development Act of 1965 (12 U.S.C. 

9 1701s) and section 236(f)(2) of the National Housing Act 

10 (12 U.S.C. 1715z–1) in State-aided, noninsured rental 

11 housing projects, $30,000,000, to remain available until ex12 pended: Provided, That such amount, together with unobli13 gated balances from recaptured amounts appropriated 

14 prior to fiscal year 2006 from terminated contracts under 

15 such sections of law, and any unobligated balances, includ16 ing recaptures and carryover, remaining from funds appro17 priated under this heading after fiscal year 2005, shall also 

18 be available for extensions of up to one year for expiring 

19 contracts under such sections of law. 

20 PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

21 For necessary expenses as authorized by the National 

22 Manufactured Housing Construction and Safety Standards 

23 Act of 1974 (42 U.S.C. 5401 et seq.), up to $10,500,000, 

24 to remain available until expended, of which $10,500,000 

25 is to be derived from the Manufactured Housing Fees Trust 
1533 

•HR 2029 EAH 

1 Fund: Provided, That not to exceed the total amount appro2 priated under this heading shall be available from the gen3 eral fund of the Treasury to the extent necessary to incur 

4 obligations and make expenditures pending the receipt of 

5 collections to the Fund pursuant to section 620 of such Act: 

6 Provided further, That the amount made available under 

7 this heading from the general fund shall be reduced as such 

8 collections are received during fiscal year 2016 so as to re9 sult in a final fiscal year 2016 appropriation from the gen10 eral fund estimated at zero, and fees pursuant to such sec11 tion 620 shall be modified as necessary to ensure such a 

12 final fiscal year 2016 appropriation: Provided further, 

13 That for the dispute resolution and installation programs, 

14 the Secretary of Housing and Urban Development may as15 sess and collect fees from any program participant: Pro16 vided further, That such collections shall be deposited into 

17 the Fund, and the Secretary, as provided herein, may use 

18 such collections, as well as fees collected under section 620, 

19 for necessary expenses of such Act: Provided further, That, 

20 notwithstanding the requirements of section 620 of such Act, 

21 the Secretary may carry out responsibilities of the Sec22 retary under such Act through the use of approved service 

23 providers that are paid directly by the recipients of their 

24 services. 
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1 FEDERAL HOUSING ADMINISTRATION

2 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

3 New commitments to guarantee single family loans in4 sured under the Mutual Mortgage Insurance Fund shall not 

5 exceed $400,000,000,000, to remain available until Sep6 tember 30, 2017: Provided, That during fiscal year 2016, 

7 obligations to make direct loans to carry out the purposes 

8 of section 204(g) of the National Housing Act, as amended, 

9 shall not exceed $5,000,000: Provided further, That the fore10 going amount in the previous proviso shall be for loans to 

11 nonprofit and governmental entities in connection with 

12 sales of single family real properties owned by the Secretary 

13 and formerly insured under the Mutual Mortgage Insurance 

14 Fund: Provided further, That for administrative contract 

15 expenses of the Federal Housing Administration, 

16 $130,000,000, to remain available until September 30, 

17 2017: Provided further, That to the extent guaranteed loan 

18 commitments exceed $200,000,000,000 on or before April 1, 

19 2016, an additional $1,400 for administrative contract ex20 penses shall be available for each $1,000,000 in additional 

21 guaranteed loan commitments (including a pro rata 

22 amount for any amount below $1,000,000), but in no case 

23 shall funds made available by this proviso exceed 

24 $30,000,000. 
1535 

•HR 2029 EAH 

1 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

2 New commitments to guarantee loans insured under 

3 the General and Special Risk Insurance Funds, as author4 ized by sections 238 and 519 of the National Housing Act 

5 (12 U.S.C. 1715z–3 and 1735c), shall not exceed 

6 $30,000,000,000 in total loan principal, any part of which 

7 is to be guaranteed, to remain available until September 

8 30, 2017: Provided, That during fiscal year 2016, gross ob9 ligations for the principal amount of direct loans, as au10 thorized by sections 204(g), 207(l), 238, and 519(a) of the 

11 National Housing Act, shall not exceed $5,000,000, which 

12 shall be for loans to nonprofit and governmental entities 

13 in connection with the sale of single family real properties 

14 owned by the Secretary and formerly insured under such 

15 Act. 

16 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

17 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

18 GUARANTEE PROGRAM ACCOUNT

19 New commitments to issue guarantees to carry out the 

20 purposes of section 306 of the National Housing Act, as 

21 amended (12 U.S.C. 1721(g)), shall not exceed 

22 $500,000,000,000, to remain available until September 30, 

23 2017: Provided, That $23,000,000 shall be available for nec24 essary salaries and expenses of the Office of Government 

25 National Mortgage Association: Provided further, That to 
1536 

•HR 2029 EAH 

1 the extent that guaranteed loan commitments exceed 

2 $155,000,000,000 on or before April 1, 2016, an additional 

3 $100 for necessary salaries and expenses shall be available 

4 until expended for each $1,000,000 in additional guaran5 teed loan commitments (including a pro rata amount for 

6 any amount below $1,000,000), but in no case shall funds 

7 made available by this proviso exceed $3,000,000: Provided 

8 further, That receipts from Commitment and Multiclass fees 

9 collected pursuant to title III of the National Housing Act, 

10 as amended, shall be credited as offsetting collections to this 

11 account. 

12 POLICY DEVELOPMENT AND RESEARCH

13 RESEARCH AND TECHNOLOGY

14 For contracts, grants, and necessary expenses of pro15 grams of research and studies relating to housing and 

16 urban problems, not otherwise provided for, as authorized 

17 by title V of the Housing and Urban Development Act of 

18 1970 (12 U.S.C. 1701z–1 et seq.), including carrying out 

19 the functions of the Secretary of Housing and Urban Devel20 opment under section 1(a)(1)(i) of Reorganization Plan No. 

21 2 of 1968, and for technical assistance, $85,000,000, to re22 main available until September 30, 2017: Provided, That 

23 with respect to amounts made available under this heading, 

24 notwithstanding section 204 of this title, the Secretary may 

25 enter into cooperative agreements funded with philan-
1537 

•HR 2029 EAH 

1 thropic entities, other Federal agencies, or State or local 

2 governments and their agencies for research projects: Pro3 vided further, That with respect to the previous proviso, 

4 such partners to the cooperative agreements must contribute 

5 at least a 50 percent match toward the cost of the project: 

6 Provided further, That for non-competitive agreements en7 tered into in accordance with the previous two provisos, the 

8 Secretary of Housing and Urban Development shall comply 

9 with section 2(b) of the Federal Funding Accountability 

10 and Transparency Act of 2006 (Public Law 109–282, 31 

11 U.S.C. note) in lieu of compliance with section 102(a)(4)(C) 

12 with respect to documentation of award decisions: Provided 

13 further, That prior to obligation of technical assistance 

14 funding, the Secretary shall submit a plan, for approval, 

15 to the House and Senate Committees on Appropriations on 

16 how it will allocate funding for this activity. 

17 FAIR HOUSING AND EQUAL OPPORTUNITY

18 FAIR HOUSING ACTIVITIES

19 For contracts, grants, and other assistance, not other20 wise provided for, as authorized by title VIII of the Civil 

21 Rights Act of 1968, as amended by the Fair Housing 

22 Amendments Act of 1988, and section 561 of the Housing 

23 and Community Development Act of 1987, as amended, 

24 $65,300,000, to remain available until September 30, 2017: 

25 Provided, That notwithstanding 31 U.S.C. 3302, the Sec-
1538 

•HR 2029 EAH 

1 retary may assess and collect fees to cover the costs of the 

2 Fair Housing Training Academy, and may use such funds 

3 to provide such training: Provided further, That no funds 

4 made available under this heading shall be used to lobby 

5 the executive or legislative branches of the Federal Govern6 ment in connection with a specific contract, grant, or loan: 

7 Provided further, That of the funds made available under 

8 this heading, $300,000 shall be available to the Secretary 

9 of Housing and Urban Development for the creation and 

10 promotion of translated materials and other programs that 

11 support the assistance of persons with limited English pro12 ficiency in utilizing the services provided by the Depart13 ment of Housing and Urban Development. 

14 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

15 HOMES

16 LEAD HAZARD REDUCTION

17 For the Lead Hazard Reduction Program, as author18 ized by section 1011 of the Residential Lead-Based Paint 

19 Hazard Reduction Act of 1992, $110,000,000, to remain 

20 available until September 30, 2017, of which $20,000,000 

21 shall be for the Healthy Homes Initiative, pursuant to sec22 tions 501 and 502 of the Housing and Urban Development 

23 Act of 1970 that shall include research, studies, testing, and 

24 demonstration efforts, including education and outreach 

25 concerning lead-based paint poisoning and other housing- 
1539 

•HR 2029 EAH 

1 related diseases and hazards: Provided, That for purposes 

2 of environmental review, pursuant to the National Environ3 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 

4 other provisions of the law that further the purposes of such 

5 Act, a grant under the Healthy Homes Initiative, or the 

6 Lead Technical Studies program under this heading or 

7 under prior appropriations Acts for such purposes under 

8 this heading, shall be considered to be funds for a special 

9 project for purposes of section 305(c) of the Multifamily 

10 Housing Property Disposition Reform Act of 1994: Pro11 vided further, That of the total amount made available 

12 under this heading, $45,000,000 shall be made available on 

13 a competitive basis for areas with the highest lead paint 

14 abatement needs: Provided further, That each recipient of 

15 funds provided under the previous proviso shall contribute 

16 an amount not less than 25 percent of the total: Provided 

17 further, That each applicant shall certify adequate capacity 

18 that is acceptable to the Secretary to carry out the proposed 

19 use of funds pursuant to a notice of funding availability: 

20 Provided further, That amounts made available under this 

21 heading in this or prior appropriations Acts, and that still 

22 remain available, may be used for any purpose under this 

23 heading notwithstanding the purpose for which such 

24 amounts were appropriated if a program competition is 
1540 

•HR 2029 EAH 

1 undersubscribed and there are other program competitions 

2 under this heading that are oversubscribed. 

3 INFORMATION TECHNOLOGY FUND

4 For the development of, modifications to, and infra5 structure for Department-wide and program-specific infor6 mation technology systems, for the continuing operation 

7 and maintenance of both Department-wide and program8 specific information systems, and for program-related 

9 maintenance activities, $250,000,000, shall remain avail10 able until September 30, 2017: Provided, That any amounts 

11 transferred to this Fund under this Act shall remain avail12 able until expended: Provided further, That any amounts 

13 transferred to this Fund from amounts appropriated by 

14 previously enacted appropriations Acts may be used for the 

15 purposes specified under this Fund, in addition to any 

16 other information technology purposes for which such 

17 amounts were appropriated. 

18 OFFICE OF INSPECTOR GENERAL

19 For necessary salaries and expenses of the Office of In20 spector General in carrying out the Inspector General Act 

21 of 1978, as amended, $126,000,000: Provided, That the In22 spector General shall have independent authority over all 

23 personnel issues within this office. 
1541 

•HR 2029 EAH 

1 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

2 URBAN DEVELOPMENT

3 (INCLUDING TRANSFER OF FUNDS)

4 (INCLUDING RESCISSIONS)

5 SEC. 201. Fifty percent of the amounts of budget au6 thority, or in lieu thereof 50 percent of the cash amounts 

7 associated with such budget authority, that are recaptured 

8 from projects described in section 1012(a) of the Stewart 

9 B. McKinney Homeless Assistance Amendments Act of 1988 

10 (42 U.S.C. 1437 note) shall be rescinded or in the case of 

11 cash, shall be remitted to the Treasury, and such amounts 

12 of budget authority or cash recaptured and not rescinded 

13 or remitted to the Treasury shall be used by State housing 

14 finance agencies or local governments or local housing agen15 cies with projects approved by the Secretary of Housing and 

16 Urban Development for which settlement occurred after 

17 January 1, 1992, in accordance with such section. Notwith18 standing the previous sentence, the Secretary may award 

19 up to 15 percent of the budget authority or cash recaptured 

20 and not rescinded or remitted to the Treasury to provide 

21 project owners with incentives to refinance their project at 

22 a lower interest rate. 

23 SEC. 202. None of the amounts made available under 

24 this Act may be used during fiscal year 2016 to investigate 

25 or prosecute under the Fair Housing Act any otherwise law-
1542 

•HR 2029 EAH 

1 ful activity engaged in by one or more persons, including 

2 the filing or maintaining of a nonfrivolous legal action, 

3 that is engaged in solely for the purpose of achieving or 

4 preventing action by a Government official or entity, or a 

5 court of competent jurisdiction. 

6 SEC. 203. Sections 203 and 209 of division C of Public 

7 Law 112–55 (125 Stat. 693–694) shall apply during fiscal 

8 year 2016 as if such sections were included in this title, 

9 except that during such fiscal year such sections shall be 

10 applied by substituting ‘‘fiscal year 2016’’ for ‘‘fiscal year 

11 2011’’ and for ‘‘fiscal year 2012’’ each place such terms ap12 pear, and shall be amended to reflect revised delineations 

13 of statistical areas established by the Office of Management 

14 and Budget pursuant to 44 U.S.C. 3504(e)(3), 31 U.S.C. 

15 1104(d), and Executive Order No. 10253. 

16 SEC. 204. Except as explicitly provided in law, any 

17 grant, cooperative agreement or other assistance made pur18 suant to title II of this Act shall be made on a competitive 

19 basis and in accordance with section 102 of the Department 

20 of Housing and Urban Development Reform Act of 1989 

21 (42 U.S.C. 3545). 

22 SEC. 205. Funds of the Department of Housing and 

23 Urban Development subject to the Government Corporation 

24 Control Act or section 402 of the Housing Act of 1950 shall 

25 be available, without regard to the limitations on adminis-
1543 

•HR 2029 EAH 

1 trative expenses, for legal services on a contract or fee basis, 

2 and for utilizing and making payment for services and fa3 cilities of the Federal National Mortgage Association, Gov4 ernment National Mortgage Association, Federal Home 

5 Loan Mortgage Corporation, Federal Financing Bank, Fed6 eral Reserve banks or any member thereof, Federal Home 

7 Loan banks, and any insured bank within the meaning of 

8 the Federal Deposit Insurance Corporation Act, as amended 

9 (12 U.S.C. 1811–1). 

10 SEC. 206. Unless otherwise provided for in this Act 

11 or through a reprogramming of funds, no part of any ap12 propriation for the Department of Housing and Urban De13 velopment shall be available for any program, project or 

14 activity in excess of amounts set forth in the budget esti15 mates submitted to Congress. 

16 SEC. 207. Corporations and agencies of the Depart17 ment of Housing and Urban Development which are subject 

18 to the Government Corporation Control Act are hereby au19 thorized to make such expenditures, within the limits of 

20 funds and borrowing authority available to each such cor21 poration or agency and in accordance with law, and to 

22 make such contracts and commitments without regard to 

23 fiscal year limitations as provided by section 104 of such 

24 Act as may be necessary in carrying out the programs set 

25 forth in the budget for 2016 for such corporation or agency 
1544 

•HR 2029 EAH 

1 except as hereinafter provided: Provided, That collections 

2 of these corporations and agencies may be used for new loan 

3 or mortgage purchase commitments only to the extent ex4 pressly provided for in this Act (unless such loans are in 

5 support of other forms of assistance provided for in this or 

6 prior appropriations Acts), except that this proviso shall 

7 not apply to the mortgage insurance or guaranty operations 

8 of these corporations, or where loans or mortgage purchases 

9 are necessary to protect the financial interest of the United 

10 States Government. 

11 SEC. 208. The Secretary of Housing and Urban Devel12 opment shall provide quarterly reports to the House and 

13 Senate Committees on Appropriations regarding all uncom14 mitted, unobligated, recaptured and excess funds in each 

15 program and activity within the jurisdiction of the Depart16 ment and shall submit additional, updated budget informa17 tion to these Committees upon request. 

18 SEC. 209. The President’s formal budget request for fis19 cal year 2017, as well as the Department of Housing and 

20 Urban Development’s congressional budget justifications to 

21 be submitted to the Committees on Appropriations of the 

22 House of Representatives and the Senate, shall use the iden23 tical account and sub-account structure provided under this 

24 Act. 
1545 

•HR 2029 EAH 

1 SEC. 210. A public housing agency or such other entity 

2 that administers Federal housing assistance for the Housing 

3 Authority of the county of Los Angeles, California, and the 

4 States of Alaska, Iowa, and Mississippi shall not be re5 quired to include a resident of public housing or a recipient 

6 of assistance provided under section 8 of the United States 

7 Housing Act of 1937 on the board of directors or a similar 

8 governing board of such agency or entity as required under 

9 section (2)(b) of such Act. Each public housing agency or 

10 other entity that administers Federal housing assistance 

11 under section 8 for the Housing Authority of the county 

12 of Los Angeles, California and the States of Alaska, Iowa 

13 and Mississippi that chooses not to include a resident of 

14 public housing or a recipient of section 8 assistance on the 

15 board of directors or a similar governing board shall estab16 lish an advisory board of not less than six residents of pub17 lic housing or recipients of section 8 assistance to provide 

18 advice and comment to the public housing agency or other 

19 administering entity on issues related to public housing and 

20 section 8. Such advisory board shall meet not less than 

21 quarterly. 

22 SEC. 211. No funds provided under this title may be 

23 used for an audit of the Government National Mortgage As24 sociation that makes applicable requirements under the 

25 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 
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•HR 2029 EAH 

1 SEC. 212. (a) Notwithstanding any other provision of 

2 law, subject to the conditions listed under this section, for 

3 fiscal years 2016 and 2017, the Secretary of Housing and 

4 Urban Development may authorize the transfer of some or 

5 all project-based assistance, debt held or insured by the Sec6 retary and statutorily required low-income and very low7 income use restrictions if any, associated with one or more 

8 multifamily housing project or projects to another multi9 family housing project or projects. 

10 (b) PHASED TRANSFERS.—Transfers of project-based 

11 assistance under this section may be done in phases to ac12 commodate the financing and other requirements related to 

13 rehabilitating or constructing the project or projects to 

14 which the assistance is transferred, to ensure that such 

15 project or projects meet the standards under subsection (c). 

16 (c) The transfer authorized in subsection (a) is subject 

17 to the following conditions: 

18 (1) NUMBER AND BEDROOM SIZE OF UNITS.— 

19 (A) For occupied units in the transferring 

20 project: The number of low-income and very low21 income units and the configuration (i.e., bed22 room size) provided by the transferring project 

23 shall be no less than when transferred to the re24 ceiving project or projects and the net dollar 

25 amount of Federal assistance provided to the 
1547 

•HR 2029 EAH 

1 transferring project shall remain the same in the 

2 receiving project or projects. 

3 (B) For unoccupied units in the transfer4 ring project: The Secretary may authorize a re5 duction in the number of dwelling units in the 

6 receiving project or projects to allow for a recon7 figuration of bedroom sizes to meet current mar8 ket demands, as determined by the Secretary and 

9 provided there is no increase in the project-based 

10 assistance budget authority. 

11 (2) The transferring project shall, as determined 

12 by the Secretary, be either physically obsolete or eco13 nomically nonviable. 

14 (3) The receiving project or projects shall meet or 

15 exceed applicable physical standards established by 

16 the Secretary. 

17 (4) The owner or mortgagor of the transferring 

18 project shall notify and consult with the tenants re19 siding in the transferring project and provide a cer20 tification of approval by all appropriate local govern21 mental officials. 

22 (5) The tenants of the transferring project who 

23 remain eligible for assistance to be provided by the re24 ceiving project or projects shall not be required to va25 cate their units in the transferring project or projects 
1548 

•HR 2029 EAH 

1 until new units in the receiving project are available 

2 for occupancy. 

3 (6) The Secretary determines that this transfer is 

4 in the best interest of the tenants. 

5 (7) If either the transferring project or the re6 ceiving project or projects meets the condition speci7 fied in subsection (d)(2)(A), any lien on the receiving 

8 project resulting from additional financing obtained 

9 by the owner shall be subordinate to any FHA-in10 sured mortgage lien transferred to, or placed on, such 

11 project by the Secretary, except that the Secretary 

12 may waive this requirement upon determination that 

13 such a waiver is necessary to facilitate the financing 

14 of acquisition, construction, and/or rehabilitation of 

15 the receiving project or projects. 

16 (8) If the transferring project meets the require17 ments of subsection (d)(2), the owner or mortgagor of 

18 the receiving project or projects shall execute and 

19 record either a continuation of the existing use agree20 ment or a new use agreement for the project where, 

21 in either case, any use restrictions in such agreement 

22 are of no lesser duration than the existing use restric23 tions. 

24 (9) The transfer does not increase the cost (as de25 fined in section 502 of the Congressional Budget Act 
1549 

•HR 2029 EAH 

1 of 1974, as amended) of any FHA-insured mortgage, 

2 except to the extent that appropriations are provided 

3 in advance for the amount of any such increased cost. 

4 (d) For purposes of this section— 

5 (1) the terms ‘‘low-income’’ and ‘‘very low-in6 come’’ shall have the meanings provided by the statute 

7 and/or regulations governing the program under 

8 which the project is insured or assisted; 

9 (2) the term ‘‘multifamily housing project’’ 

10 means housing that meets one of the following condi11 tions— 

12 (A) housing that is subject to a mortgage 

13 insured under the National Housing Act; 

14 (B) housing that has project-based assist15 ance attached to the structure including projects 

16 undergoing mark to market debt restructuring 

17 under the Multifamily Assisted Housing Reform 

18 and Affordability Housing Act; 

19 (C) housing that is assisted under section 

20 202 of the Housing Act of 1959, as amended by 

21 section 801 of the Cranston-Gonzales National 

22 Affordable Housing Act; 

23 (D) housing that is assisted under section 

24 202 of the Housing Act of 1959, as such section 
1550 

•HR 2029 EAH 

1 existed before the enactment of the Cranston2 Gonzales National Affordable Housing Act; 

3 (E) housing that is assisted under section 

4 811 of the Cranston-Gonzales National Afford5 able Housing Act; or 

6 (F) housing or vacant land that is subject 

7 to a use agreement; 

8 (3) the term ‘‘project-based assistance’’ means— 

9 (A) assistance provided under section 8(b) 

10 of the United States Housing Act of 1937; 

11 (B) assistance for housing constructed or 

12 substantially rehabilitated pursuant to assistance 

13 provided under section 8(b)(2) of such Act (as 

14 such section existed immediately before October 

15 1, 1983); 

16 (C) rent supplement payments under sec17 tion 101 of the Housing and Urban Development 

18 Act of 1965; 

19 (D) interest reduction payments under sec20 tion 236 and/or additional assistance payments 

21 under section 236(f)(2) of the National Housing 

22 Act; 

23 (E) assistance payments made under sec24 tion 202(c)(2) of the Housing Act of 1959; and 
1551 

•HR 2029 EAH 

1 (F) assistance payments made under section 

2 811(d)(2) of the Cranston-Gonzalez National Af3 fordable Housing Act; 

4 (4) the term ‘‘receiving project or projects’’ 

5 means the multifamily housing project or projects to 

6 which some or all of the project-based assistance, debt, 

7 and statutorily required low-income and very low-in8 come use restrictions are to be transferred; 

9 (5) the term ‘‘transferring project’’ means the 

10 multifamily housing project which is transferring 

11 some or all of the project-based assistance, debt, and 

12 the statutorily required low-income and very low-in13 come use restrictions to the receiving project or 

14 projects; and 

15 (6) the term ‘‘Secretary’’ means the Secretary of 

16 Housing and Urban Development. 

17 (e) PUBLIC NOTICE AND RESEARCH REPORT.— 

18 (1) The Secretary shall publish by notice in the 

19 Federal Register the terms and conditions, including 

20 criteria for HUD approval, of transfers pursuant to 

21 this section no later than 30 days before the effective 

22 date of such notice. 

23 (2) The Secretary shall conduct an evaluation of 

24 the transfer authority under this section, including 

25 the effect of such transfers on the operational effi-
1552 

•HR 2029 EAH 

1 ciency, contract rents, physical and financial condi2 tions, and long-term preservation of the affected prop3 erties. 

4 SEC. 213. (a) No assistance shall be provided under 

5 section 8 of the United States Housing Act of 1937 (42 

6 U.S.C. 1437f) to any individual who— 

7 (1) is enrolled as a student at an institution of 

8 higher education (as defined under section 102 of the 

9 Higher Education Act of 1965 (20 U.S.C. 1002)); 

10 (2) is under 24 years of age; 

11 (3) is not a veteran; 

12 (4) is unmarried; 

13 (5) does not have a dependent child; 

14 (6) is not a person with disabilities, as such 

15 term is defined in section 3(b)(3)(E) of the United 

16 States Housing Act of 1937 (42 U.S.C. 

17 1437a(b)(3)(E)) and was not receiving assistance 

18 under such section 8 as of November 30, 2005; and 

19 (7) is not otherwise individually eligible, or has 

20 parents who, individually or jointly, are not eligible, 

21 to receive assistance under section 8 of the United 

22 States Housing Act of 1937 (42 U.S.C. 1437f). 

23 (b) For purposes of determining the eligibility of a per24 son to receive assistance under section 8 of the United States 

25 Housing Act of 1937 (42 U.S.C. 1437f), any financial as-
1553 

•HR 2029 EAH 

1 sistance (in excess of amounts received for tuition and any 

2 other required fees and charges) that an individual receives 

3 under the Higher Education Act of 1965 (20 U.S.C. 1001 

4 et seq.), from private sources, or an institution of higher 

5 education (as defined under the Higher Education Act of 

6 1965 (20 U.S.C. 1002)), shall be considered income to that 

7 individual, except for a person over the age of 23 with de8 pendent children. 

9 SEC. 214. The funds made available for Native Alas10 kans under the heading ‘‘Native American Housing Block 

11 Grants’’ in title II of this Act shall be allocated to the same 

12 Native Alaskan housing block grant recipients that received 

13 funds in fiscal year 2005. 

14 SEC. 215. Notwithstanding the limitation in the first 

15 sentence of section 255(g) of the National Housing Act (12 

16 U.S.C. 1715z–20(g)), the Secretary of Housing and Urban 

17 Development may, until September 30, 2016, insure and 

18 enter into commitments to insure mortgages under such sec19 tion 255. 

20 SEC. 216. Notwithstanding any other provision of law, 

21 in fiscal year 2016, in managing and disposing of any mul22 tifamily property that is owned or has a mortgage held by 

23 the Secretary of Housing and Urban Development, and dur24 ing the process of foreclosure on any property with a con25 tract for rental assistance payments under section 8 of the 
1554 

•HR 2029 EAH 

1 United States Housing Act of 1937 or other Federal pro2 grams, the Secretary shall maintain any rental assistance 

3 payments under section 8 of the United States Housing Act 

4 of 1937 and other programs that are attached to any dwell5 ing units in the property. To the extent the Secretary deter6 mines, in consultation with the tenants and the local gov7 ernment, that such a multifamily property owned or held 

8 by the Secretary is not feasible for continued rental assist9 ance payments under such section 8 or other programs, 

10 based on consideration of (1) the costs of rehabilitating and 

11 operating the property and all available Federal, State, and 

12 local resources, including rent adjustments under section 

13 524 of the Multifamily Assisted Housing Reform and Af14 fordability Act of 1997 (‘‘MAHRAA’’) and (2) environ15 mental conditions that cannot be remedied in a cost-effec16 tive fashion, the Secretary may, in consultation with the 

17 tenants of that property, contract for project-based rental 

18 assistance payments with an owner or owners of other exist19 ing housing properties, or provide other rental assistance. 

20 The Secretary shall also take appropriate steps to ensure 

21 that project-based contracts remain in effect prior to fore22 closure, subject to the exercise of contractual abatement rem23 edies to assist relocation of tenants for imminent major 

24 threats to health and safety after written notice to and in25 formed consent of the affected tenants and use of other avail-
1555 

•HR 2029 EAH 

1 able remedies, such as partial abatements or receivership. 

2 After disposition of any multifamily property described 

3 under this section, the contract and allowable rent levels 

4 on such properties shall be subject to the requirements under 

5 section 524 of MAHRAA. 

6 SEC. 217. The commitment authority funded by fees 

7 as provided under the heading ‘‘Community Development 

8 Loan Guarantees Program Account’’ may be used to guar9 antee, or make commitments to guarantee, notes, or other 

10 obligations issued by any State on behalf of non-entitlement 

11 communities in the State in accordance with the require12 ments of section 108 of the Housing and Community Devel13 opment Act of 1974: Provided, That any State receiving 

14 such a guarantee or commitment shall distribute all funds 

15 subject to such guarantee to the units of general local gov16 ernment in non-entitlement areas that received the commit17 ment. 

18 SEC. 218. Public housing agencies that own and oper19 ate 400 or fewer public housing units may elect to be exempt 

20 from any asset management requirement imposed by the 

21 Secretary of Housing and Urban Development in connec22 tion with the operating fund rule: Provided, That an agency 

23 seeking a discontinuance of a reduction of subsidy under 

24 the operating fund formula shall not be exempt from asset 

25 management requirements. 
1556 

•HR 2029 EAH 

1 SEC. 219. With respect to the use of amounts provided 

2 in this Act and in future Acts for the operation, capital 

3 improvement and management of public housing as author4 ized by sections 9(d) and 9(e) of the United States Housing 

5 Act of 1937 (42 U.S.C. 1437g(d) and (e)), the Secretary 

6 shall not impose any requirement or guideline relating to 

7 asset management that restricts or limits in any way the 

8 use of capital funds for central office costs pursuant to sec9 tion 9(g)(1) or 9(g)(2) of the United States Housing Act 

10 of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a pub11 lic housing agency may not use capital funds authorized 

12 under section 9(d) for activities that are eligible under sec13 tion 9(e) for assistance with amounts from the operating 

14 fund in excess of the amounts permitted under section 

15 9(g)(1) or 9(g)(2). 

16 SEC. 220. No official or employee of the Department 

17 of Housing and Urban Development shall be designated as 

18 an allotment holder unless the Office of the Chief Financial 

19 Officer has determined that such allotment holder has im20 plemented an adequate system of funds control and has re21 ceived training in funds control procedures and directives. 

22 The Chief Financial Officer shall ensure that there is a 

23 trained allotment holder for each HUD sub-office under the 

24 accounts ‘‘Executive Offices’’ and ‘‘Administrative Support 

25 Offices,’’ as well as each account receiving appropriations 
1557 

•HR 2029 EAH 

1 for ‘‘Program Office Salaries and Expenses’’, ‘‘Government 

2 National Mortgage Association—Guarantees of Mortgage3 Backed Securities Loan Guarantee Program Account’’, and 

4 ‘‘Office of Inspector General’’ within the Department of 

5 Housing and Urban Development. 

6 SEC. 221. The Secretary of the Department of Housing 

7 and Urban Development shall, for fiscal year 2016, notify 

8 the public through the Federal Register and other means, 

9 as determined appropriate, of the issuance of a notice of 

10 the availability of assistance or notice of funding avail11 ability (NOFA) for any program or discretionary fund ad12 ministered by the Secretary that is to be competitively 

13 awarded. Notwithstanding any other provision of law, for 

14 fiscal year 2016, the Secretary may make the NOFA avail15 able only on the Internet at the appropriate Government 

16 web site or through other electronic media, as determined 

17 by the Secretary. 

18 SEC. 222. Payment of attorney fees in program-related 

19 litigation shall be paid from the individual program office 

20 and Office of General Counsel salaries and expenses appro21 priations. The annual budget submission for the program 

22 offices and the Office of General Counsel shall include any 

23 such projected litigation costs for attorney fees as a separate 

24 line item request. No funds provided in this title may be 

25 used to pay any such litigation costs for attorney fees until 
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1 the Department submits for review a spending plan for such 

2 costs to the House and Senate Committees on Appropria3 tions. 

4 SEC. 223. The Secretary is authorized to transfer up 

5 to 10 percent or $4,000,000, whichever is less, of funds ap6 propriated for any office under the heading ‘‘Administra7 tive Support Offices’’ or for any account under the general 

8 heading ‘‘Program Office Salaries and Expenses’’ to any 

9 other such office or account: Provided, That no appropria10 tion for any such office or account shall be increased or 

11 decreased by more than 10 percent or $4,000,000, whichever 

12 is less, without prior written approval of the House and 

13 Senate Committees on Appropriations: Provided further, 

14 That the Secretary shall provide notification to such Com15 mittees three business days in advance of any such transfers 

16 under this section up to 10 percent or $4,000,000, whichever 

17 is less. 

18 SEC. 224. The Disaster Housing Assistance Programs, 

19 administered by the Department of Housing and Urban De20 velopment, shall be considered a ‘‘program of the Depart21 ment of Housing and Urban Development’’ under section 

22 904 of the McKinney Act for the purpose of income 

23 verifications and matching. 

24 SEC. 225. (a) The Secretary of Housing and Urban 

25 Development shall take the required actions under sub-
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1 section (b) when a multifamily housing project with a sec2 tion 8 contract or contract for similar project-based assist3 ance: 

4 (1) receives a Real Estate Assessment Center 

5 (REAC) score of 30 or less; or 

6 (2) receives a REAC score between 31 and 59 

7 and: 

8 (A) fails to certify in writing to HUD with9 in 60 days that all deficiencies have been cor10 rected; or 

11 (B) receives consecutive scores of less than 

12 60 on REAC inspections. 

13 Such requirements shall apply to insured and noninsured 

14 projects with assistance attached to the units under section 

15 8 of the United States Housing Act of 1937 (42 U.S.C. 

16 1437f), but do not apply to such units assisted under section 

17 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public housing units 

18 assisted with capital or operating funds under section 9 of 

19 the United States Housing Act of 1937 (42 U.S.C. 1437g). 

20 (b) The Secretary shall take the following required ac21 tions as authorized under subsection (a): 

22 (1) The Secretary shall notify the owner and 

23 provide an opportunity for response within 30 days. 

24 If the violations remain, the Secretary shall develop 

25 a Compliance, Disposition and Enforcement Plan 
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1 within 60 days, with a specified timetable for cor2 recting all deficiencies. The Secretary shall provide 

3 notice of the Plan to the owner, tenants, the local gov4 ernment, any mortgagees, and any contract adminis5 trator. 

6 (2) At the end of the term of the Compliance, 

7 Disposition and Enforcement Plan, if the owner fails 

8 to fully comply with such plan, the Secretary may re9 quire immediate replacement of project management 

10 with a management agent approved by the Secretary, 

11 and shall take one or more of the following actions, 

12 and provide additional notice of those actions to the 

13 owner and the parties specified above: 

14 (A) impose civil money penalties; 

15 (B) abate the section 8 contract, including 

16 partial abatement, as determined by the Sec17 retary, until all deficiencies have been corrected; 

18 (C) pursue transfer of the project to an 

19 owner, approved by the Secretary under estab20 lished procedures, which will be obligated to 

21 promptly make all required repairs and to ac22 cept renewal of the assistance contract as long as 

23 such renewal is offered; or 

24 (D) seek judicial appointment of a receiver 

25 to manage the property and cure all project defi-
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1 ciencies or seek a judicial order of specific per2 formance requiring the owner to cure all project 

3 deficiencies. 

4 (c) The Secretary shall also take appropriate steps to 

5 ensure that project-based contracts remain in effect, subject 

6 to the exercise of contractual abatement remedies to assist 

7 relocation of tenants for imminent major threats to health 

8 and safety after written notice to and informed consent of 

9 the affected tenants and use of other remedies set forth 

10 above. To the extent the Secretary determines, in consulta11 tion with the tenants and the local government, that the 

12 property is not feasible for continued rental assistance pay13 ments under such section 8 or other programs, based on con14 sideration of (1) the costs of rehabilitating and operating 

15 the property and all available Federal, State, and local re16 sources, including rent adjustments under section 524 of the 

17 Multifamily Assisted Housing Reform and Affordability 

18 Act of 1997 (‘‘MAHRAA’’) and (2) environmental condi19 tions that cannot be remedied in a cost-effective fashion, the 

20 Secretary may, in consultation with the tenants of that 

21 property, contract for project-based rental assistance pay22 ments with an owner or owners of other existing housing 

23 properties, or provide other rental assistance. The Secretary 

24 shall report semi-annually on all properties covered by this 

25 section that are assessed through the Real Estate Assessment 
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1 Center and have physical inspection scores of less than 30 

2 or have consecutive physical inspection scores of less than 

3 60. The report shall include: 

4 (1) The enforcement actions being taken to ad5 dress such conditions, including imposition of civil 

6 money penalties and termination of subsidies, and 

7 identify properties that have such conditions multiple 

8 times; and 

9 (2) Actions that the Department of Housing and 

10 Urban Development is taking to protect tenants of 

11 such identified properties. 

12 SEC. 226. None of the funds made available by this 

13 Act, or any other Act, for purposes authorized under section 

14 8 (only with respect to the tenant-based rental assistance 

15 program) and section 9 of the United States Housing Act 

16 of 1937 (42 U.S.C. 1437 et seq.), may be used by any public 

17 housing agency for any amount of salary, including bo18 nuses, for the chief executive officer of which, or any other 

19 official or employee of which, that exceeds the annual rate 

20 of basic pay payable for a position at level IV of the Execu21 tive Schedule at any time during any public housing agen22 cy fiscal year 2016. 

23 SEC. 227. None of the funds in this Act may be avail24 able for the doctoral dissertation research grant program 

25 at the Department of Housing and Urban Development. 
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1 SEC. 228. Section 24 of the United States Housing Act 

2 of 1937 (42 U.S.C. 1437v) is amended— 

3 (1) in subsection (m)(1), by striking ‘‘fiscal 

4 year’’ and all that follows through the period at the 

5 end and inserting ‘‘fiscal year 2016.’’; and 

6 (2) in subsection (o), by striking ‘‘September’’ 

7 and all that follows through the period at the end and 

8 inserting ‘‘September 30, 2016.’’. 

9 SEC. 229. None of the funds in this Act provided to 

10 the Department of Housing and Urban Development may 

11 be used to make a grant award unless the Secretary notifies 

12 the House and Senate Committees on Appropriations not 

13 less than 3 full business days before any project, State, lo14 cality, housing authority, tribe, nonprofit organization, or 

15 other entity selected to receive a grant award is announced 

16 by the Department or its offices. 

17 SEC. 230. None of the funds made available by this 

18 Act may be used to require or enforce the Physical Needs 

19 Assessment (PNA). 

20 SEC. 231. None of the funds made available by this 

21 Act nor any receipts or amounts collected under any Fed22 eral Housing Administration program may be used to im23 plement the Homeowners Armed with Knowledge (HAWK) 

24 program. 
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1 SEC. 232. None of the funds made available in this 

2 Act shall be used by the Federal Housing Administration, 

3 the Government National Mortgage Administration, or the 

4 Department of Housing and Urban Development to insure, 

5 securitize, or establish a Federal guarantee of any mortgage 

6 or mortgage backed security that refinances or otherwise re7 places a mortgage that has been subject to eminent domain 

8 condemnation or seizure, by a State, municipality, or any 

9 other political subdivision of a State. 

10 SEC. 233. None of the funds made available by this 

11 Act may be used to terminate the status of a unit of general 

12 local government as a metropolitan city (as defined in sec13 tion 102 of the Housing and Community Development Act 

14 of 1974 (42 U.S.C. 5302)) with respect to grants under sec15 tion 106 of such Act (42 U.S.C. 5306). 

16 SEC. 234. Amounts made available under this Act 

17 which are either appropriated, allocated, advanced on a re18 imbursable basis, or transferred to the Office of Policy De19 velopment and Research in the Department of Housing and 

20 Urban Development and functions thereof, for research, 

21 evaluation, or statistical purposes, and which are unex22 pended at the time of completion of a contract, grant, or 

23 cooperative agreement, may be deobligated and shall imme24 diately become available and may be reobligated in that fis25 cal year or the subsequent fiscal year for the research, eval-
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1 uation, or statistical purposes for which the amounts are 

2 made available to that Office subject to reprogramming re3 quirements in section 405 of this Act. 

4 SEC. 235. Subsection (b) of section 225 of the Cran5 ston-Gonzalez National Affordable Housing Act (42 U.S.C. 

6 12755) is amended by adding at the end the following new 

7 sentence: ‘‘Such 30-day waiting period is not required if 

8 the grounds for the termination or refusal to renew involve 

9 a direct threat to the safety of the tenants or employees of 

10 the housing, or an imminent and serious threat to the prop11 erty (and the termination or refusal to renew is in accord12 ance with the requirements of State or local law).’’. 

13 SEC. 236. None of the funds under this title may be 

14 used for awards, including performance, special act, or 

15 spot, for any employee of the Department of Housing and 

16 Urban Development who is subject to administrative dis17 cipline in fiscal year 2016, including suspension from work. 

18 SEC. 237. The language under the heading ‘‘Rental As19 sistance Demonstration’’ in the Department of Housing and 

20 Urban Development Appropriations Act, 2012 (Public Law 

21 112–55) is amended: 

22 (1) In proviso eighteen, by inserting ‘‘for fiscal 

23 year 2012 and hereafter,’’ after ‘‘Provided further, 

24 That’’; and 
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1 (2) In proviso nineteen, by striking ‘‘, which 

2 may extend beyond fiscal year 2016 as necessary to 

3 allow processing of all timely applications,’’. 

4 SEC. 238. Section 526 (12 U.S.C. 1735f–4) of the Na5 tional Housing Act is amended by inserting at the end of 

6 subsection (b): 

7 ‘‘(c) The Secretary may establish an exception to any 

8 minimum property standard established under this section 

9 in order to address alternative water systems, including cis10 terns, which meet requirements of State and local building 

11 codes that ensure health and safety standards.’’. 

12 SEC. 239. The Secretary of Housing and Urban Devel13 opment shall increase, pursuant to this section, the number 

14 of Moving to Work agencies authorized under section 204, 

15 title II, of the Departments of Veterans Affairs and Housing 

16 and Urban Development and Independent Agencies Appro17 priations Act, 1996 (Public Law 104–134; 110 Stat. 1321) 

18 by adding to the program 100 public housing agencies that 

19 are designated as high performing agencies under the Public 

20 Housing Assessment System (PHAS) or the Section Eight 

21 Management Assessment Program (SEMAP). No public 

22 housing agency shall be granted this designation through 

23 this section that administers in excess of 27,000 aggregate 

24 housing vouchers and public housing units. Of the agencies 

25 selected under this section, no less than 50 shall administer 
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1 1,000 or fewer aggregate housing voucher and public hous2 ing units, no less than 47 shall administer 1,001-6,000 ag3 gregate housing voucher and public housing units, and no 

4 more than 3 shall administer 6,001–27,000 aggregate hous5 ing voucher and public housing units. Of the 100 agencies 

6 selected under this section, five shall be agencies with port7 folio awards under the Rental Assistance Demonstration 

8 that meet the other requirements of this section, including 

9 current designations as high performing agencies or such 

10 designations held immediately prior to such portfolio 

11 awards. Selection of agencies under this section shall be 

12 based on ensuring the geographic diversity of Moving to 

13 Work agencies. In addition to the preceding selection cri14 teria, agencies shall be designated by the Secretary over a 

15 7-year period. The Secretary shall establish a research advi16 sory committee which shall advise the Secretary with re17 spect to specific policy proposals and methods of research 

18 and evaluation for the demonstration. The advisory com19 mittee shall include program and research experts from the 

20 Department, a fair representation of agencies with a Mov21 ing to Work designation, and independent subject matter 

22 experts in housing policy research. For each cohort of agen23 cies receiving a designation under this heading, the Sec24 retary shall direct one specific policy change to be imple25 mented by the agencies, and with the approval of the Sec-
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•HR 2029 EAH 

1 retary, such agencies may implement additional policy 

2 changes. All agencies designated under this section shall be 

3 evaluated through rigorous research as determined by the 

4 Secretary, and shall provide information requested by the 

5 Secretary to support such oversight and evaluation, includ6 ing the targeted policy changes. Research and evaluation 

7 shall be coordinated under the direction of the Secretary, 

8 and in consultation with the advisory committee, and find9 ings shall be shared broadly. The Secretary shall consult 

10 the advisory committee with respect to policy changes that 

11 have proven successful and can be applied more broadly to 

12 all public housing agencies, and propose any necessary stat13 utory changes. The Secretary may, at the request of a Mov14 ing to Work agency and one or more adjacent public hous15 ing agencies in the same area, designate that Moving to 

16 Work agency as a regional agency. A regional Moving to 

17 Work agency may administer the assistance under sections 

18 8 and 9 of the United States Housing Act of 1937 (42 

19 U.S.C. 1437f and g) for the participating agencies within 

20 its region pursuant to the terms of its Moving to Work 

21 agreement with the Secretary. The Secretary may agree to 

22 extend the term of the agreement and to make any necessary 

23 changes to accommodate regionalization. A Moving to Work 

24 agency may be selected as a regional agency if the Secretary 

25 determines that unified administration of assistance under 
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•HR 2029 EAH 

1 sections 8 and 9 by that agency across multiple jurisdic2 tions will lead to efficiencies and to greater housing choice 

3 for low-income persons in the region. For purposes of this 

4 expansion, in addition to the provisions of the Act retained 

5 in section 204, section 8(r)(1) of the Act shall continue to 

6 apply unless the Secretary determines that waiver of this 

7 section is necessary to implement comprehensive rent re8 form and occupancy policies subject to evaluation by the 

9 Secretary, and the waiver contains, at a minimum, excep10 tions for requests to port due to employment, education, 

11 health and safety. No public housing agency granted this 

12 designation through this section shall receive more funding 

13 under sections 8 or 9 of the United States Housing Act of 

14 1937 than it otherwise would have received absent this des15 ignation. The Secretary shall extend the current Moving to 

16 Work agreements of previously designated participating 

17 agencies until the end of each such agency’s fiscal year 2028 

18 under the same terms and conditions of such current agree19 ments, except for any changes to such terms or conditions 

20 otherwise mutually agreed upon by the Secretary and any 

21 such agency and such extension agreements shall prohibit 

22 any statutory offset of any reserve balances equal to 4 

23 months of operating expenses. Any such reserve balances 

24 that exceed such amount shall remain available to any such 

25 agency for all permissible purposes under such agreement 
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1 unless subject to a statutory offset. In addition to other re2 porting requirements, all Moving to Work agencies shall re3 port financial data to the Department of Housing and 

4 Urban Development as specified by the Secretary, so that 

5 the effect of Moving to Work policy changes can be meas6 ured. 

7 SEC. 240. (a) AUTHORITY.—Subject to the conditions 

8 in subsection (d), the Secretary of Housing and Urban De9 velopment may authorize, in response to requests received 

10 in fiscal years 2016 through 2020, the transfer of some or 

11 all project-based assistance, tenant-based assistance, capital 

12 advances, debt, and statutorily required use restrictions 

13 from housing assisted under section 811 of the Cranston14 Gonzalez National Affordable Housing Act (42 U.S.C. 8013) 

15 to other new or existing housing, which may include 

16 projects, units, and other types of housing, as permitted by 

17 the Secretary. 

18 (b) CAPITAL ADVANCES.—Interest shall not be due and 

19 repayment of a capital advance shall not be triggered by 

20 a transfer pursuant to this section. 

21 (c) PHASED AND PROPORTIONAL TRANSFERS.— 

22 (1) Transfers under this section may be done in 

23 phases to accommodate the financing and other re24 quirements related to rehabilitating or constructing 

25 the housing to which the assistance is transferred, to 
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1 ensure that such housing meets the conditions under 

2 subsection (d). 

3 (2) The capital advance repayment require4 ments, use restrictions, rental assistance, and debt 

5 shall transfer proportionally from the transferring 

6 housing to the receiving housing. 

7 (d) CONDITIONS.—The transfers authorized by this sec8 tion shall be subject to the following conditions: 

9 (1) the owner of the transferring housing shall 

10 demonstrate that the transfer is in compliance with 

11 applicable Federal, State, and local requirements re12 garding Housing for Persons with Disabilities and 

13 shall provide the Secretary with evidence of obtaining 

14 any approvals related to housing disabled persons 

15 that are necessary under Federal, State, and local 

16 government requirements; 

17 (2) the owner of the transferring housing shall 

18 demonstrate to the Secretary that any transfer is in 

19 the best interest of the disabled residents by offering 

20 opportunities for increased integration or less con21 centration of individuals with disabilities; 

22 (3) the owner of the transferring housing shall 

23 continue to provide the same number of units as ap24 proved for rental assistance by the Secretary in the 

25 receiving housing; 
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1 (4) the owner of the transferring housing shall 

2 consult with the disabled residents in the transferring 

3 housing about any proposed transfer under this sec4 tion and shall notify the residents of the transferring 

5 housing who are eligible for assistance to be provided 

6 in the receiving housing that they shall not be re7 quired to vacate the transferring housing until the re8 ceiving housing is available for occupancy; 

9 (5) the receiving housing shall meet or exceed ap10 plicable physical standards established or adopted by 

11 the Secretary; and 

12 (6) if the receiving housing has a mortgage in13 sured under title II of the National Housing Act, any 

14 lien on the receiving housing resulting from addi15 tional financing shall be subordinate to any federally 

16 insured mortgage lien transferred to, or placed on, 

17 such housing, except that the Secretary may waive 

18 this requirement upon determination that such a 

19 waiver is necessary to facilitate the financing of ac20 quisition, construction, or rehabilitation of the receiv21 ing housing. 

22 (e) PUBLIC NOTICE.—The Secretary shall publish a 

23 notice in the Federal Register of the terms and conditions, 

24 including criteria for the Department’s approval of trans-
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•HR 2029 EAH 

1 fers pursuant to this section no later than 30 days before 

2 the effective date of such notice. 

3 SEC. 241. (a) Of the unobligated balances, including 

4 recaptures and carryover, remaining from funds appro5 priated to the Department of Housing and Urban Develop6 ment under the heading ‘‘General and Special Risk Pro7 gram Account’’, and for the cost of guaranteed notes and 

8 other obligations under the heading ‘‘Native American 

9 Housing Block Grants’’, $12,000,000 is hereby permanently 

10 rescinded. 

11 (b) All unobligated balances, including recaptures and 

12 carryover, remaining from funds appropriated to the De13 partment of Housing and Urban Development under the 

14 headings ‘‘Rural Housing and Economic Development’’, 

15 and ‘‘Homeownership and Opportunity for People Every16 where Grants’’ are hereby permanently rescinded. 

17 SEC. 242. Funds made available in this title under 

18 the heading ‘‘Homeless Assistance Grants’’ may be used by 

19 the Secretary to participate in Performance Partnership 

20 Pilots authorized in an appropriations Act for fiscal year 

21 2016 as initially authorized under section 526 of division 

22 H of Public Law 113–76 and extended under section 524 

23 of division G of Public Law 113–235: Provided, That such 

24 participation shall be limited to no more than 10 contin-
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1 uums of care and housing activities to improve outcomes 

2 for disconnected youth. 

3 SEC. 243. With respect to grant amounts awarded 

4 under the heading ‘‘Homeless Assistance Grants’’ for fiscal 

5 years 2015 and 2016 for the Continuum of Care (CoC) pro6 gram as authorized under subtitle C of title IV of the 

7 McKinney-Vento Homeless Assistance Act, costs paid by 

8 program income of grant recipients may count toward 

9 meeting the recipient’s matching requirements, provided the 

10 costs are eligible CoC costs that supplement the recipients 

11 CoC program. 

12 SEC. 244. With respect to funds appropriated under 

13 the ‘‘Community Development Fund’’ heading for formula 

14 allocation to states pursuant to 42 U.S.C. 5306(d), the Sec15 retary shall permit a jurisdiction to demonstrate compli16 ance with 42 U.S.C. 5305(c)(2)(A) if it had been designated 

17 as majority low- and moderate-income pursuant to data 

18 from the 2000 decennial Census and it continues to have 

19 economic distress as evidenced by inclusion in a designated 

20 Rural Promise Zone or Distressed County as defined by the 

21 Appalachian Regional Commission. This section shall 

22 apply to any such state funds appropriated under such 

23 heading under this Act, in each fiscal year from 2017 

24 through 2020, and under prior appropriation Acts (with 
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1 respect to any such allocated but uncommitted funds avail2 able to any such state). 

3 This title may be cited as the ‘‘Department of Housing 

4 and Urban Development Appropriations Act, 2016’’. 

5 TITLE III 

6 RELATED AGENCIES 

7 ACCESS BOARD

8 SALARIES AND EXPENSES

9 For expenses necessary for the Access Board, as author10 ized by section 502 of the Rehabilitation Act of 1973, as 

11 amended, $8,023,000: Provided, That, notwithstanding any 

12 other provision of law, there may be credited to this appro13 priation funds received for publications and training ex14 penses. 

15 FEDERAL MARITIME COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Federal Maritime Com18 mission as authorized by section 201(d) of the Merchant 

19 Marine Act, 1936, as amended (46 U.S.C. 307), including 

20 services as authorized by 5 U.S.C. 3109; hire of passenger 

21 motor vehicles as authorized by 31 U.S.C. 1343(b); and uni22 forms or allowances therefor, as authorized by 5 U.S.C. 

23 5901–5902, $25,660,000: Provided, That not to exceed 

24 $2,000 shall be available for official reception and represen25 tation expenses. 
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1 NATIONAL RAILROAD PASSENGER CORPORATION

2 OFFICE OF INSPECTOR GENERAL

3 SALARIES AND EXPENSES

4 For necessary expenses of the Office of Inspector Gen5 eral for the National Railroad Passenger Corporation to 

6 carry out the provisions of the Inspector General Act of 

7 1978, as amended, $24,499,000: Provided, That the Inspec8 tor General shall have all necessary authority, in carrying 

9 out the duties specified in the Inspector General Act, as 

10 amended (5 U.S.C. App. 3), to investigate allegations of 

11 fraud, including false statements to the government (18 

12 U.S.C. 1001), by any person or entity that is subject to 

13 regulation by the National Railroad Passenger Corpora14 tion: Provided further, That the Inspector General may 

15 enter into contracts and other arrangements for audits, 

16 studies, analyses, and other services with public agencies 

17 and with private persons, subject to the applicable laws and 

18 regulations that govern the obtaining of such services within 

19 the National Railroad Passenger Corporation: Provided 

20 further, That the Inspector General may select, appoint, 

21 and employ such officers and employees as may be nec22 essary for carrying out the functions, powers, and duties 

23 of the Office of Inspector General, subject to the applicable 

24 laws and regulations that govern such selections, appoint25 ments, and employment within the Corporation: Provided 
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1 further, That concurrent with the President’s budget request 

2 for fiscal year 2017, the Inspector General shall submit to 

3 the House and Senate Committees on Appropriations a 

4 budget request for fiscal year 2017 in similar format and 

5 substance to those submitted by executive agencies of the 

6 Federal Government. 

7 NATIONAL TRANSPORTATION SAFETY BOARD

8 SALARIES AND EXPENSES

9 For necessary expenses of the National Transportation 

10 Safety Board, including hire of passenger motor vehicles 

11 and aircraft; services as authorized by 5 U.S.C. 3109, but 

12 at rates for individuals not to exceed the per diem rate 

13 equivalent to the rate for a GS–15; uniforms, or allowances 

14 therefor, as authorized by law (5 U.S.C. 5901–5902), 

15 $105,170,000, of which not to exceed $2,000 may be used 

16 for official reception and representation expenses. The 

17 amounts made available to the National Transportation 

18 Safety Board in this Act include amounts necessary to 

19 make lease payments on an obligation incurred in fiscal 

20 year 2001 for a capital lease. 

21 NEIGHBORHOOD REINVESTMENT CORPORATION

22 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

23 CORPORATION

24 For payment to the Neighborhood Reinvestment Cor25 poration for use in neighborhood reinvestment activities, as 
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1 authorized by the Neighborhood Reinvestment Corporation 

2 Act (42 U.S.C. 8101–8107), $135,000,000, of which 

3 $5,000,000 shall be for a multi-family rental housing pro4 gram: Provided, That in addition, $40,000,000 shall be 

5 made available until expended to the Neighborhood Rein6 vestment Corporation for mortgage foreclosure mitigation 

7 activities, under the following terms and conditions: 

8 (1) The Neighborhood Reinvestment Corporation 

9 (NRC) shall make grants to counseling intermediaries 

10 approved by the Department of Housing and Urban 

11 Development (HUD) (with match to be determined by 

12 NRC based on affordability and the economic condi13 tions of an area; a match also may be waived by 

14 NRC based on the aforementioned conditions) to pro15 vide mortgage foreclosure mitigation assistance pri16 marily to States and areas with high rates of defaults 

17 and foreclosures to help eliminate the default and 

18 foreclosure of mortgages of owner-occupied single-fam19 ily homes that are at risk of such foreclosure. Other 

20 than areas with high rates of defaults and fore21 closures, grants may also be provided to approved 

22 counseling intermediaries based on a geographic anal23 ysis of the Nation by NRC which determines where 

24 there is a prevalence of mortgages that are risky and 

25 likely to fail, including any trends for mortgages that 
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1 are likely to default and face foreclosure. A State 

2 Housing Finance Agency may also be eligible where 

3 the State Housing Finance Agency meets all the re4 quirements under this paragraph. A HUD-approved 

5 counseling intermediary shall meet certain mortgage 

6 foreclosure mitigation assistance counseling require7 ments, as determined by NRC, and shall be approved 

8 by HUD or NRC as meeting these requirements. 

9 (2) Mortgage foreclosure mitigation assistance 

10 shall only be made available to homeowners of owner11 occupied homes with mortgages in default or in dan12 ger of default. These mortgages shall likely be subject 

13 to a foreclosure action and homeowners will be pro14 vided such assistance that shall consist of activities 

15 that are likely to prevent foreclosures and result in 

16 the long-term affordability of the mortgage retained 

17 pursuant to such activity or another positive outcome 

18 for the homeowner. No funds made available under 

19 this paragraph may be provided directly to lenders or 

20 homeowners to discharge outstanding mortgage bal21 ances or for any other direct debt reduction payments. 

22 (3) The use of mortgage foreclosure mitigation 

23 assistance by approved counseling intermediaries and 

24 State Housing Finance Agencies shall involve a rea25 sonable analysis of the borrower’s financial situation, 
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1 an evaluation of the current value of the property 

2 that is subject to the mortgage, counseling regarding 

3 the assumption of the mortgage by another non-Fed4 eral party, counseling regarding the possible purchase 

5 of the mortgage by a non-Federal third party, coun6 seling and advice of all likely restructuring and refi7 nancing strategies or the approval of a work-out 

8 strategy by all interested parties. 

9 (4) NRC may provide up to 15 percent of the 

10 total funds under this paragraph to its own charter 

11 members with expertise in foreclosure prevention 

12 counseling, subject to a certification by NRC that the 

13 procedures for selection do not consist of any proce14 dures or activities that could be construed as a con15 flict of interest or have the appearance of impro16 priety. 

17 (5) HUD-approved counseling entities and State 

18 Housing Finance Agencies receiving funds under this 

19 paragraph shall have demonstrated experience in suc20 cessfully working with financial institutions as well 

21 as borrowers facing default, delinquency and fore22 closure as well as documented counseling capacity, 

23 outreach capacity, past successful performance and 

24 positive outcomes with documented counseling plans 

25 (including post mortgage foreclosure mitigation coun-
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1 seling), loan workout agreements and loan modifica2 tion agreements. NRC may use other criteria to dem3 onstrate capacity in underserved areas. 

4 (6) Of the total amount made available under 

5 this paragraph, up to $2,000,000 may be made avail6 able to build the mortgage foreclosure and default 

7 mitigation counseling capacity of counseling inter8 mediaries through NRC training courses with HUD9 approved counseling intermediaries and their part10 ners, except that private financial institutions that 

11 participate in NRC training shall pay market rates 

12 for such training. 

13 (7) Of the total amount made available under 

14 this paragraph, up to 5 percent may be used for asso15 ciated administrative expenses for NRC to carry out 

16 activities provided under this section. 

17 (8) Mortgage foreclosure mitigation assistance 

18 grants may include a budget for outreach and adver19 tising, and training, as determined by NRC. 

20 (9) NRC shall continue to report bi-annually to 

21 the House and Senate Committees on Appropriations 

22 as well as the Senate Banking Committee and House 

23 Financial Services Committee on its efforts to miti24 gate mortgage default. 
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1 UNITED STATES INTERAGENCY COUNCIL ON

2 HOMELESSNESS

3 OPERATING EXPENSES

4 For necessary expenses (including payment of salaries, 

5 authorized travel, hire of passenger motor vehicles, the rent6 al of conference rooms, and the employment of experts and 

7 consultants under section 3109 of title 5, United States 

8 Code) of the United States Interagency Council on Home9 lessness in carrying out the functions pursuant to title II 

10 of the McKinney-Vento Homeless Assistance Act, as amend11 ed, $3,530,000. 

12 TITLE IV 

13 GENERAL PROVISIONS—THIS ACT 

14 SEC. 401. None of the funds in this Act shall be used 

15 for the planning or execution of any program to pay the 

16 expenses of, or otherwise compensate, non-Federal parties 

17 intervening in regulatory or adjudicatory proceedings fund18 ed in this Act. 

19 SEC. 402. None of the funds appropriated in this Act 

20 shall remain available for obligation beyond the current fis21 cal year, nor may any be transferred to other appropria22 tions, unless expressly so provided herein. 

23 SEC. 403. The expenditure of any appropriation under 

24 this Act for any consulting service through a procurement 

25 contract pursuant to section 3109 of title 5, United States 
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1 Code, shall be limited to those contracts where such expendi2 tures are a matter of public record and available for public 

3 inspection, except where otherwise provided under existing 

4 law, or under existing Executive order issued pursuant to 

5 existing law. 

6 SEC. 404. (a) None of the funds made available in this 

7 Act may be obligated or expended for any employee training 

8 that— 

9 (1) does not meet identified needs for knowledge, 

10 skills, and abilities bearing directly upon the perform11 ance of official duties; 

12 (2) contains elements likely to induce high levels 

13 of emotional response or psychological stress in some 

14 participants; 

15 (3) does not require prior employee notification 

16 of the content and methods to be used in the training 

17 and written end of course evaluation; 

18 (4) contains any methods or content associated 

19 with religious or quasi-religious belief systems or 

20 ‘‘new age’’ belief systems as defined in Equal Employ21 ment Opportunity Commission Notice N–915.022, 

22 dated September 2, 1988; or 

23 (5) is offensive to, or designed to change, partici24 pants’ personal values or lifestyle outside the work25 place. 
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1 (b) Nothing in this section shall prohibit, restrict, or 

2 otherwise preclude an agency from conducting training 

3 bearing directly upon the performance of official duties. 

4 SEC. 405. Except as otherwise provided in this Act, 

5 none of the funds provided in this Act, provided by previous 

6 appropriations Acts to the agencies or entities funded in 

7 this Act that remain available for obligation or expenditure 

8 in fiscal year 2016, or provided from any accounts in the 

9 Treasury derived by the collection of fees and available to 

10 the agencies funded by this Act, shall be available for obliga11 tion or expenditure through a reprogramming of funds 

12 that— 

13 (1) creates a new program; 

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

15 (3) increases funds or personnel for any pro16 gram, project, or activity for which funds have been 

17 denied or restricted by the Congress; 

18 (4) proposes to use funds directed for a specific 

19 activity by either the House or Senate Committees on 

20 Appropriations for a different purpose; 

21 (5) augments existing programs, projects, or ac22 tivities in excess of $5,000,000 or 10 percent, which23 ever is less; 

24 (6) reduces existing programs, projects, or activi25 ties by $5,000,000 or 10 percent, whichever is less; or 
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1 (7) creates, reorganizes, or restructures a branch, 

2 division, office, bureau, board, commission, agency, 

3 administration, or department different from the 

4 budget justifications submitted to the Committees on 

5 Appropriations or the table accompanying the explan6 atory statement accompanying this Act, whichever is 

7 more detailed, unless prior approval is received from 

8 the House and Senate Committees on Appropriations: 

9 Provided, That not later than 60 days after the date 

10 of enactment of this Act, each agency funded by this 

11 Act shall submit a report to the Committees on Ap12 propriations of the Senate and of the House of Rep13 resentatives to establish the baseline for application of 

14 reprogramming and transfer authorities for the cur15 rent fiscal year: Provided further, That the report 

16 shall include— 

17 (A) a table for each appropriation with a 

18 separate column to display the prior year en19 acted level, the President’s budget request, adjust20 ments made by Congress, adjustments due to en21 acted rescissions, if appropriate, and the fiscal 

22 year enacted level; 

23 (B) a delineation in the table for each ap24 propriation and its respective prior year enacted 

25 level by object class and program, project, and 
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1 activity as detailed in the budget appendix for 

2 the respective appropriation; and 

3 (C) an identification of items of special con4 gressional interest. 

5 SEC. 406. Except as otherwise specifically provided by 

6 law, not to exceed 50 percent of unobligated balances re7 maining available at the end of fiscal year 2016 from ap8 propriations made available for salaries and expenses for 

9 fiscal year 2016 in this Act, shall remain available through 

10 September 30, 2017, for each such account for the purposes 

11 authorized: Provided, That a request shall be submitted to 

12 the House and Senate Committees on Appropriations for 

13 approval prior to the expenditure of such funds: Provided 

14 further, That these requests shall be made in compliance 

15 with reprogramming guidelines under section 405 of this 

16 Act. 

17 SEC. 407. No funds in this Act may be used to support 

18 any Federal, State, or local projects that seek to use the 

19 power of eminent domain, unless eminent domain is em20 ployed only for a public use: Provided, That for purposes 

21 of this section, public use shall not be construed to include 

22 economic development that primarily benefits private enti23 ties: Provided further, That any use of funds for mass tran24 sit, railroad, airport, seaport or highway projects, as well 

25 as utility projects which benefit or serve the general public 
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1 (including energy-related, communication-related, water-re2 lated and wastewater-related infrastructure), other struc3 tures designated for use by the general public or which have 

4 other common-carrier or public-utility functions that serve 

5 the general public and are subject to regulation and over6 sight by the government, and projects for the removal of an 

7 immediate threat to public health and safety or brownfields 

8 as defined in the Small Business Liability Relief and 

9 Brownfields Revitalization Act (Public Law 107–118) shall 

10 be considered a public use for purposes of eminent domain. 

11 SEC. 408. None of the funds made available in this 

12 Act may be transferred to any department, agency, or in13 strumentality of the United States Government, except pur14 suant to a transfer made by, or transfer authority provided 

15 in, this Act or any other appropriations Act. 

16 SEC. 409. No part of any appropriation contained in 

17 this Act shall be available to pay the salary for any person 

18 filling a position, other than a temporary position, formerly 

19 held by an employee who has left to enter the Armed Forces 

20 of the United States and has satisfactorily completed his 

21 or her period of active military or naval service, and has 

22 within 90 days after his or her release from such service 

23 or from hospitalization continuing after discharge for a pe24 riod of not more than 1 year, made application for restora25 tion to his or her former position and has been certified 
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1 by the Office of Personnel Management as still qualified to 

2 perform the duties of his or her former position and has 

3 not been restored thereto. 

4 SEC. 410. No funds appropriated pursuant to this Act 

5 may be expended by an entity unless the entity agrees that 

6 in expending the assistance the entity will comply with sec7 tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 

8 10a–10c, popularly known as the ‘‘Buy American Act’’). 

9 SEC. 411. No funds appropriated or otherwise made 

10 available under this Act shall be made available to any per11 son or entity that has been convicted of violating the Buy 

12 American Act (41 U.S.C. 10a–10c). 

13 SEC. 412. None of the funds made available in this 

14 Act may be used for first-class airline accommodations in 

15 contravention of sections 301–10.122 and 301–10.123 of 

16 title 41, Code of Federal Regulations. 

17 SEC. 413. (a) None of the funds made available by this 

18 Act may be used to approve a new foreign air carrier per19 mit under sections 41301 through 41305 of title 49, United 

20 States Code, or exemption application under section 40109 

21 of that title of an air carrier already holding an air opera22 tors certificate issued by a country that is party to the U.S.- 

23 E.U.-Iceland-Norway Air Transport Agreement where such 

24 approval would contravene United States law or Article 17 
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1 bis of the U.S.-E.U.-Iceland-Norway Air Transport Agree2 ment. 

3 (b) Nothing in this section shall prohibit, restrict or 

4 otherwise preclude the Secretary of Transportation from 

5 granting a foreign air carrier permit or an exemption to 

6 such an air carrier where such authorization is consistent 

7 with the U.S.-E.U.-Iceland-Norway Air Transport Agree8 ment and United States law. 

9 SEC. 414. None of the funds made available in this 

10 Act may be used to send or otherwise pay for the attendance 

11 of more than 50 employees of a single agency or department 

12 of the United States Government, who are stationed in the 

13 United States, at any single international conference unless 

14 the relevant Secretary reports to the House and Senate 

15 Committees on Appropriations at least 5 days in advance 

16 that such attendance is important to the national interest: 

17 Provided, That for purposes of this section the term ‘‘inter18 national conference’’ shall mean a conference occurring out19 side of the United States attended by representatives of the 

20 United States Government and of foreign governments, 

21 international organizations, or nongovernmental organiza22 tions. 

23 SEC. 415. None of the funds made available by this 

24 Act may be used by the Federal Transit Administration to 

25 implement, administer, or enforce section 18.36(c)(2) of 
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1 title 49, Code of Federal Regulations, for construction hir2 ing purposes. 

3 SEC. 416. None of the funds made available by this 

4 Act may be used in contravention of the 5th or 14th Amend5 ment to the Constitution or title VI of the Civil Rights Act 

6 of 1964. 

7 SEC. 417. None of the funds made available by this 

8 Act may be used by the Department of Transportation, the 

9 Department of Housing and Urban Development, or any 

10 other Federal agency to lease or purchase new light duty 

11 vehicles for any executive fleet, or for an agency’s fleet in12 ventory, except in accordance with Presidential Memo13 randum—Federal Fleet Performance, dated May 24, 2011. 

14 SEC. 418. None of the funds made available by this 

15 Act may be used in contravention of subpart E of part 5 

16 of the regulations of the Secretary of Housing and Urban 

17 Development (24 CFR part 5, subpart E, relating to restric18 tions on assistance to noncitizens). 

19 SEC. 419. None of the funds made available by this 

20 Act may be used to provide financial assistance in con21 travention of section 214(d) of the Housing and Community 

22 Development Act of 1980 (42 U.S.C. 1436a(d)). 

23 SEC. 420. For an additional amount for ‘‘Community 

24 Planning and Development, Community Development 

25 Fund’’, $300,000,000, to remain available until expended, 
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1 for necessary expenses for activities authorized under title 

2 I of the Housing and Community Development Act of 1974 

3 (42 U.S.C. 5301 et seq.) related to disaster relief, long-term 

4 recovery, restoration of infrastructure and housing, and eco5 nomic revitalization in the most impacted and distressed 

6 areas resulting from a major disaster declared in 2015 pur7 suant to the Robert T. Stafford Disaster Relief and Emer8 gency Assistance Act (42 U.S.C. 5121 et seq.) related to the 

9 consequences of Hurricane Joaquin and adjacent storm sys10 tems, Hurricane Patricia, and other flood events: Provided, 

11 That funds shall be awarded directly to the State or unit 

12 of general local government at the discretion of the Sec13 retary: Provided further, That prior to the obligation of 

14 funds a grantee shall submit a plan to the Secretary for 

15 approval detailing the proposed use of all funds, including 

16 criteria for eligibility and how the use of these funds will 

17 address long-term recovery and restoration of infrastructure 

18 and housing and economic revitalization in the most im19 pacted and distressed areas: Provided further, That such 

20 funds may not be used for activities reimbursable by, or 

21 for which funds are made available by, the Federal Emer22 gency Management Agency or the Army Corps of Engineers: 

23 Provided further, That funds allocated under this heading 

24 shall not be considered relevant to the non-disaster formula 

25 allocations made pursuant to section 106 of the Housing 
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1 and Community Development Act of 1974 (42 U.S.C. 

2 5306): Provided further, That a State or subdivision thereof 

3 may use up to five percent of its allocation for administra4 tive costs: Provided further, That in administering the 

5 funds under this heading, the Secretary of Housing and 

6 Urban Development may waive, or specify alternative re7 quirements for, any provision of any statute or regulation 

8 that the Secretary administers in connection with the obli9 gation by the Secretary or the use by the recipient of these 

10 funds (except for requirements related to fair housing, non11 discrimination, labor standards, and the environment), if 

12 the Secretary finds that good cause exists for the waiver 

13 or alternative requirement and such waiver or alternative 

14 requirement would not be inconsistent with the overall pur15 pose of title I of the Housing and Community Development 

16 Act of 1974: Provided further, That, notwithstanding the 

17 preceding proviso, recipients of funds provided under this 

18 heading that use such funds to supplement Federal assist19 ance provided under section 402, 403, 404, 406, 407, or 502 

20 of the Robert T. Stafford Disaster Relief and Emergency 

21 Assistance Act (42 U.S.C. 5121 et seq.) may adopt, without 

22 review or public comment, any environmental review, ap23 proval, or permit performed by a Federal agency, and such 

24 adoption shall satisfy the responsibilities of the recipient 

25 with respect to such environmental review, approval or per-
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1 mit: Provided further, That, notwithstanding section 

2 104(g)(2) of the Housing and Community Development Act 

3 of 1974 (42 U.S.C. 5304(g)(2)), the Secretary may, upon 

4 receipt of a request for release of funds and certification, 

5 immediately approve the release of funds for an activity 

6 or project assisted under this heading if the recipient has 

7 adopted an environmental review, approval or permit 

8 under the preceding proviso or the activity or project is cat9 egorically excluded from review under the National Envi10 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Pro11 vided further, That the Secretary shall publish via notice 

12 in the Federal Register any waiver, or alternative require13 ment, to any statute or regulation that the Secretary ad14 ministers pursuant to title I of the Housing and Commu15 nity Development Act of 1974 no later than five days before 

16 the effective date of such waiver or alternative requirement: 

17 Provided further, That of the amounts made available 

18 under this section, up to $1,000,000 may be transferred to 

19 ‘‘Program Office Salaries and Expenses, Community Plan20 ning and Development’’ for necessary costs, including infor21 mation technology costs, of administering and overseeing 

22 funds made available under this heading: Provided further, 

23 That amounts provided under this section shall be des24 ignated by Congress as being for disaster relief pursuant 
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1 to section 251(b)(2)(D) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 SEC. 421. Effective as of December 4, 2015, and as 

4 if included therein as enacted, section 1408 of the Fixing 

5 America’s Surface Transportation Act (Public Law 114– 

6 94) is amended by adding at the end the following: 

7 ‘‘(c) APPLICABILITY.—The amendment made by sub8 section (b) shall apply to projects to repair or reconstruct 

9 facilities damaged as a result of a natural disaster or cata10 strophic failure described in section 125(a) of title 23, 

11 United States Code, occurring on or after October 1, 2015.’’. 

12 This division may be cited as the ‘‘Transportation, 

13 Housing and Urban Development, and Related Agencies 

14 Appropriations Act, 2016’’. 

15 DIVISION M—INTELLIGENCE AU16 THORIZATION ACT FOR FIS17 CAL YEAR 2016 

18 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 

19 (a) SHORT TITLE.—This division may be cited as the 

20 ‘‘Intelligence Authorization Act for Fiscal Year 2016’’. 

21 (b) TABLE OF CONTENTS.—The table of contents for 

22 this division is as follows: 

DIVISION M—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL 

YEAR 2016 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Explanatory statement. 
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TITLE I—INTELLIGENCE ACTIVITIES 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified schedule of authorizations. 

Sec. 103. Personnel ceiling adjustments. 

Sec. 104. Intelligence Community Management Account. 

Sec. 105. Clarification regarding authority for flexible personnel management 

among elements of intelligence community. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. Increase in employee compensation and benefits authorized by law. 

Sec. 302. Restriction on conduct of intelligence activities. 

Sec. 303. Provision of information and assistance to Inspector General of the Intelligence Community. 

Sec. 304. Inclusion of Inspector General of Intelligence Community in Council of 

Inspectors General on Integrity and Efficiency. 

Sec. 305. Clarification of authority of Privacy and Civil Liberties Oversight 

Board. 

Sec. 306. Enhancing government personnel security programs. 

Sec. 307. Notification of changes to retention of call detail record policies. 

Sec. 308. Personnel information notification policy by the Director of National 

Intelligence. 

Sec. 309. Designation of lead intelligence officer for tunnels. 

Sec. 310. Reporting process required for tracking certain requests for country 

clearance. 

Sec. 311. Study on reduction of analytic duplication. 

Sec. 312. Strategy for comprehensive interagency review of the United States national security overhead satellite architecture. 

Sec. 313. Cyber attack standards of measurement study. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

Sec. 401. Appointment and confirmation of the National Counterintelligence Executive. 

Sec. 402. Technical amendments relating to pay under title 5, United States 

Code. 

Sec. 403. Analytic objectivity review. 

Subtitle B—Central Intelligence Agency and Other Elements 

Sec. 411. Authorities of the Inspector General for the Central Intelligence Agency. 

Sec. 412. Prior congressional notification of transfers of funds for certain intelligence activities. 
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TITLE V—MATTERS RELATING TO FOREIGN COUNTRIES 

Subtitle A—Matters Relating to Russia 

Sec. 501. Notice of deployment or transfer of Club–K container missile system by 

the Russian Federation. 

Sec. 502. Assessment on funding of political parties and nongovernmental organizations by the Russian Federation. 

Sec. 503. Assessment on the use of political assassinations as a form of statecraft 

by the Russian Federation. 

Subtitle B—Matters Relating to Other Countries 

Sec. 511. Report on resources and collection posture with regard to the South 

China Sea and East China Sea. 

Sec. 512. Use of locally employed staff serving at a United States diplomatic facility in Cuba. 

Sec. 513. Inclusion of sensitive compartmented information facilities in United 

States diplomatic facilities in Cuba. 

Sec. 514. Report on use by Iran of funds made available through sanctions relief. 

TITLE VI—MATTERS RELATING TO UNITED STATES NAVAL 

STATION, GUANTANAMO BAY, CUBA 

Sec. 601. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, 

to the United States. 

Sec. 602. Prohibition on use of funds to construct or modify facilities in the 

United States to house detainees transferred from United States 

Naval Station, Guantanamo Bay, Cuba. 

Sec. 603. Prohibition on use of funds for transfer or release to certain countries 

of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. 

TITLE VII—REPORTS AND OTHER MATTERS 

Subtitle A—Reports 

Sec. 701. Repeal of certain reporting requirements. 

Sec. 702. Reports on foreign fighters. 

Sec. 703. Report on strategy, efforts, and resources to detect, deter, and degrade 

Islamic State revenue mechanisms. 

Sec. 704. Report on United States counterterrorism strategy to disrupt, dismantle, and defeat the Islamic State, al-Qa’ida, and their affiliated groups, associated groups, and adherents. 

Sec. 705. Report on effects of data breach of Office of Personnel Management. 

Sec. 706. Report on hiring of graduates of Cyber Corps Scholarship Program by 

intelligence community. 

Sec. 707. Report on use of certain business concerns. 

Subtitle B—Other Matters 

Sec. 711. Use of homeland security grant funds in conjunction with Department 

of Energy national laboratories. 

Sec. 712. Inclusion of certain minority-serving institutions in grant program to 

enhance recruiting of intelligence community workforce. 
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1 SEC. 2. DEFINITIONS. 

2 In this division: 

3 (1) CONGRESSIONAL INTELLIGENCE COMMIT4 TEES.—The term ‘‘congressional intelligence commit5 tees’’ means— 

6 (A) the Select Committee on Intelligence of 

7 the Senate; and 

8 (B) the Permanent Select Committee on In9 telligence of the House of Representatives. 

10 (2) INTELLIGENCE COMMUNITY.—The term ‘‘in11 telligence community’’ has the meaning given that 

12 term in section 3(4) of the National Security Act of 

13 1947 (50 U.S.C. 3003(4)). 

14 SEC. 3. EXPLANATORY STATEMENT. 

15 The explanatory statement regarding this division, 

16 printed in the House section of the Congressional Record 

17 on or about December 15, 2015, by the Chairman of the 

18 Permanent Select Committee on Intelligence of the House 

19 of Representatives, shall have the same effect with respect 

20 to the implementation of this division as if it were a joint 

21 explanatory statement of a committee of conference. 

22 TITLE I—INTELLIGENCE 

23 ACTIVITIES 

24 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

25 Funds are hereby authorized to be appropriated for fis26 cal year 2016 for the conduct of the intelligence and intel-
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1 ligence-related activities of the following elements of the 

2 United States Government: 

3 (1) The Office of the Director of National Intel4 ligence. 

5 (2) The Central Intelligence Agency. 

6 (3) The Department of Defense. 

7 (4) The Defense Intelligence Agency. 

8 (5) The National Security Agency. 

9 (6) The Department of the Army, the Depart10 ment of the Navy, and the Department of the Air 

11 Force. 

12 (7) The Coast Guard. 

13 (8) The Department of State. 

14 (9) The Department of the Treasury. 

15 (10) The Department of Energy. 

16 (11) The Department of Justice. 

17 (12) The Federal Bureau of Investigation. 

18 (13) The Drug Enforcement Administration. 

19 (14) The National Reconnaissance Office. 

20 (15) The National Geospatial-Intelligence Agen21 cy. 

22 (16) The Department of Homeland Security. 

23 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

24 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

25 LEVELS.—The amounts authorized to be appropriated 
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1 under section 101 and, subject to section 103, the authorized 

2 personnel ceilings as of September 30, 2016, for the conduct 

3 of the intelligence activities of the elements listed in para4 graphs (1) through (16) of section 101, are those specified 

5 in the classified Schedule of Authorizations prepared to ac6 company this division of this Act. 

7 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU8 THORIZATIONS.— 

9 (1) AVAILABILITY.—The classified Schedule of 

10 Authorizations referred to in subsection (a) shall be 

11 made available to the Committee on Appropriations 

12 of the Senate, the Committee on Appropriations of the 

13 House of Representatives, and to the President. 

14 (2) DISTRIBUTION BY THE PRESIDENT.—Subject 

15 to paragraph (3), the President shall provide for suit16 able distribution of the classified Schedule of Author17 izations, or of appropriate portions of the Schedule, 

18 within the executive branch. 

19 (3) LIMITS ON DISCLOSURE.—The President 

20 shall not publicly disclose the classified Schedule of 

21 Authorizations or any portion of such Schedule ex22 cept— 

23 (A) as provided in section 601(a) of the Im24 plementing Recommendations of the 9/11 Com25 mission Act of 2007 (50 U.S.C. 3306(a)); 
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1 (B) to the extent necessary to implement the 

2 budget; or 

3 (C) as otherwise required by law. 

4 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

5 (a) AUTHORITY FOR INCREASES.—The Director of Na6 tional Intelligence may authorize employment of civilian 

7 personnel in excess of the number authorized for fiscal year 

8 2016 by the classified Schedule of Authorizations referred 

9 to in section 102(a) if the Director of National Intelligence 

10 determines that such action is necessary to the performance 

11 of important intelligence functions, except that the number 

12 of personnel employed in excess of the number authorized 

13 under such section may not, for any element of the intel14 ligence community, exceed 3 percent of the number of civil15 ian personnel authorized under such schedule for such ele16 ment. 

17 (b) TREATMENT OF CERTAIN PERSONNEL.—The Di18 rector of National Intelligence shall establish guidelines that 

19 govern, for each element of the intelligence community, the 

20 treatment under the personnel levels authorized under sec21 tion 102(a), including any exemption from such personnel 

22 levels, of employment or assignment in— 

23 (1) a student program, trainee program, or simi24 lar program; 
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1 (2) a reserve corps or as a reemployed annu2 itant; or 

3 (3) details, joint duty, or long-term, full-time 

4 training. 

5 (c) NOTICE TO CONGRESSIONAL INTELLIGENCE COM6 MITTEES.—The Director of National Intelligence shall no7 tify the congressional intelligence committees in writing at 

8 least 15 days prior to each exercise of an authority de9 scribed in subsection (a). 

10 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC11 COUNT. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated for the Intelligence Commu14 nity Management Account of the Director of National Intel15 ligence for fiscal year 2016 the sum of $516,306,000. Within 

16 such amount, funds identified in the classified Schedule of 

17 Authorizations referred to in section 102(a) for advanced 

18 research and development shall remain available until Sep19 tember 30, 2017. 

20 (b) AUTHORIZED PERSONNEL LEVELS.—The elements 

21 within the Intelligence Community Management Account of 

22 the Director of National Intelligence are authorized 785 po23 sitions as of September 30, 2016. Personnel serving in such 

24 elements may be permanent employees of the Office of the 
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1 Director of National Intelligence or personnel detailed from 

2 other elements of the United States Government. 

3 (c) CLASSIFIED AUTHORIZATIONS.— 

4 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

5 addition to amounts authorized to be appropriated 

6 for the Intelligence Community Management Account 

7 by subsection (a), there are authorized to be appro8 priated for the Community Management Account for 

9 fiscal year 2016 such additional amounts as are spec10 ified in the classified Schedule of Authorizations re11 ferred to in section 102(a). Such additional amounts 

12 for advanced research and development shall remain 

13 available until September 30, 2017. 

14 (2) AUTHORIZATION OF PERSONNEL.—In addi15 tion to the personnel authorized by subsection (b) for 

16 elements of the Intelligence Community Management 

17 Account as of September 30, 2016, there are author18 ized such additional personnel for the Community 

19 Management Account as of that date as are specified 

20 in the classified Schedule of Authorizations referred to 

21 in section 102(a). 
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1 SEC. 105. CLARIFICATION REGARDING AUTHORITY FOR 

2 FLEXIBLE PERSONNEL MANAGEMENT AMONG 

3 ELEMENTS OF INTELLIGENCE COMMUNITY. 

4 (a) CLARIFICATION.—Section 102A(v) of the National 

5 Security Act of 1947 (50 U.S.C. 3024(v)) is amended— 

6 (1) by redesignating paragraph (3) as para7 graph (4); and 

8 (2) by inserting after paragraph (2) the fol9 lowing new paragraph (3): 

10 ‘‘(3) A covered department may appoint an indi11 vidual to a position converted or established pursuant 

12 to this subsection without regard to the civil-service 

13 laws, including parts II and III of title 5, United 

14 States Code.’’. 

15 (b) EFFECTIVE DATE.—The amendments made by sub16 section (a) shall apply with respect to an appointment 

17 under section 102A(v) of the National Security Act of 1947 

18 (50 U.S.C. 3024(v)) made on or after the date of the enact19 ment of the Intelligence Authorization Act for Fiscal Year 

20 2012 (Public Law 112–87) and to any proceeding pending 

21 on or filed after the date of the enactment of this section 

22 that relates to such an appointment. 
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1 TITLE II—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM 

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated for the Central 

7 Intelligence Agency Retirement and Disability Fund for fis8 cal year 2016 the sum of $514,000,000. 

9 TITLE III—GENERAL 

10 PROVISIONS 

11 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

12 BENEFITS AUTHORIZED BY LAW. 

13 Appropriations authorized by this division for salary, 

14 pay, retirement, and other benefits for Federal employees 

15 may be increased by such additional or supplemental 

16 amounts as may be necessary for increases in such com17 pensation or benefits authorized by law. 

18 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 

19 ACTIVITIES. 

20 The authorization of appropriations by this division 

21 shall not be deemed to constitute authority for the conduct 

22 of any intelligence activity which is not otherwise author23 ized by the Constitution or the laws of the United States. 
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1 SEC. 303. PROVISION OF INFORMATION AND ASSISTANCE 

2 TO INSPECTOR GENERAL OF THE INTEL3 LIGENCE COMMUNITY. 

4 Section 103H(j)(4) of the National Security Act of 

5 1947 (50 U.S.C. 3033(j)(4)) is amended— 

6 (1) in subparagraph (A), by striking ‘‘any de7 partment, agency, or other element of the United 

8 States Government’’ and inserting ‘‘any Federal, 

9 State (as defined in section 804), or local govern10 mental agency or unit thereof’’; and 

11 (2) in subparagraph (B), by inserting ‘‘from a 

12 department, agency, or element of the Federal Govern13 ment’’ before ‘‘under subparagraph (A)’’. 

14 SEC. 304. INCLUSION OF INSPECTOR GENERAL OF INTEL15 LIGENCE COMMUNITY IN COUNCIL OF IN16 SPECTORS GENERAL ON INTEGRITY AND EF17 FICIENCY. 

18 Section 11(b)(1)(B) of the Inspector General Act of 

19 1978 (Public Law 95–452; 5 U.S.C. App.) is amended by 

20 striking ‘‘the Office of the Director of National Intelligence’’ 

21 and inserting ‘‘the Intelligence Community’’. 

22 SEC. 305. CLARIFICATION OF AUTHORITY OF PRIVACY AND 

23 CIVIL LIBERTIES OVERSIGHT BOARD. 

24 Section 1061(g) of the Intelligence Reform and Ter25 rorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is 

26 amended by adding at the end the following new paragraph: 
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1 ‘‘(5) ACCESS.—Nothing in this section shall be 

2 construed to authorize the Board, or any agent there3 of, to gain access to information regarding an activ4 ity covered by section 503(a) of the National Security 

5 Act of 1947 (50 U.S.C. 3093(a)).’’. 

6 SEC. 306. ENHANCING GOVERNMENT PERSONNEL SECU7 RITY PROGRAMS. 

8 (a) ENHANCED SECURITY CLEARANCE PROGRAMS.— 

9 (1) IN GENERAL.—Part III of title 5, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘Subpart J—Enhanced Personnel Security Programs 

13 ‘‘CHAPTER 110—ENHANCED PERSONNEL 

14 SECURITY PROGRAMS 

‘‘Sec. 

‘‘11001. Enhanced personnel security programs. 

15 ‘‘SEC. 11001. ENHANCED PERSONNEL SECURITY PROGRAMS. 

16 ‘‘(a) ENHANCED PERSONNEL SECURITY PROGRAM.— 

17 The Director of National Intelligence shall direct each agen18 cy to implement a program to provide enhanced security 

19 review of covered individuals— 

20 ‘‘(1) in accordance with this section; and 

21 ‘‘(2) not later than the earlier of— 

22 ‘‘(A) the date that is 5 years after the date 

23 of the enactment of the Intelligence Authorization 

24 Act for Fiscal Year 2016; or 
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1 ‘‘(B) the date on which the backlog of over2 due periodic reinvestigations of covered individ3 uals is eliminated, as determined by the Director 

4 of National Intelligence. 

5 ‘‘(b) COMPREHENSIVENESS.— 

6 ‘‘(1) SOURCES OF INFORMATION.—The enhanced 

7 personnel security program of an agency shall inte8 grate relevant and appropriate information from var9 ious sources, including government, publicly avail10 able, and commercial data sources, consumer report11 ing agencies, social media, and such other sources as 

12 determined by the Director of National Intelligence. 

13 ‘‘(2) TYPES OF INFORMATION.—Information ob14 tained and integrated from sources described in para15 graph (1) may include— 

16 ‘‘(A) information relating to any criminal 

17 or civil legal proceeding; 

18 ‘‘(B) financial information relating to the 

19 covered individual, including the credit worthi20 ness of the covered individual; 

21 ‘‘(C) publicly available information, wheth22 er electronic, printed, or other form, including 

23 relevant security or counterintelligence informa24 tion about the covered individual or information 

25 that may suggest ill intent, vulnerability to 
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1 blackmail, compulsive behavior, allegiance to an2 other country, change in ideology, or that the 

3 covered individual lacks good judgment, reli4 ability, or trustworthiness; and 

5 ‘‘(D) data maintained on any terrorist or 

6 criminal watch list maintained by any agency, 

7 State or local government, or international orga8 nization. 

9 ‘‘(c) REVIEWS OF COVERED INDIVIDUALS.— 

10 ‘‘(1) REVIEWS.— 

11 ‘‘(A) IN GENERAL.—The enhanced personnel 

12 security program of an agency shall require that, 

13 not less than 2 times every 5 years, the head of 

14 the agency shall conduct or request the conduct 

15 of automated record checks and checks of infor16 mation from sources under subsection (b) to en17 sure the continued eligibility of each covered in18 dividual to access classified information and 

19 hold a sensitive position unless more frequent re20 views of automated record checks and checks of 

21 information from sources under subsection (b) 

22 are conducted on the covered individual. 

23 ‘‘(B) SCOPE OF REVIEWS.—Except for a 

24 covered individual who is subject to more fre25 quent reviews to ensure the continued eligibility 
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1 of the covered individual to access classified in2 formation and hold a sensitive position, the re3 views under subparagraph (A) shall consist of 

4 random or aperiodic checks of covered individ5 uals, such that each covered individual is subject 

6 to at least 2 reviews during the 5-year period be7 ginning on the date on which the agency imple8 ments the enhanced personnel security program 

9 of an agency, and during each 5-year period 

10 thereafter. 

11 ‘‘(C) INDIVIDUAL REVIEWS.—A review of 

12 the information relating to the continued eligi13 bility of a covered individual to access classified 

14 information and hold a sensitive position under 

15 subparagraph (A) may not be conducted until 

16 after the end of the 120-day period beginning on 

17 the date the covered individual receives the noti18 fication required under paragraph (3). 

19 ‘‘(2) RESULTS.—The head of an agency shall 

20 take appropriate action if a review under paragraph 

21 (1) finds relevant information that may affect the 

22 continued eligibility of a covered individual to access 

23 classified information and hold a sensitive position. 

24 ‘‘(3) INFORMATION FOR COVERED INDIVID25 UALS.—The head of an agency shall ensure that each 
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1 covered individual is adequately advised of the types 

2 of relevant security or counterintelligence information 

3 the covered individual is required to report to the 

4 head of the agency. 

5 ‘‘(4) LIMITATION.—Nothing in this subsection 

6 shall be construed to affect the authority of an agency 

7 to determine the appropriate weight to be given to in8 formation relating to a covered individual in evalu9 ating the continued eligibility of the covered indi10 vidual. 

11 ‘‘(5) AUTHORITY OF THE PRESIDENT.—Nothing 

12 in this subsection shall be construed as limiting the 

13 authority of the President to direct or perpetuate 

14 periodic reinvestigations of a more comprehensive na15 ture or to delegate the authority to direct or perpet16 uate such reinvestigations. 

17 ‘‘(6) EFFECT ON OTHER REVIEWS.—Reviews con18 ducted under paragraph (1) are in addition to inves19 tigations and reinvestigations conducted pursuant to 

20 section 3001 of the Intelligence Reform and Terrorism 

21 Prevention Act of 2004 (50 U.S.C. 3341). 

22 ‘‘(d) AUDIT.— 

23 ‘‘(1) IN GENERAL.—Beginning 2 years after the 

24 date of the implementation of the enhanced personnel 

25 security program of an agency under subsection (a), 
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1 the Inspector General of the agency shall conduct at 

2 least 1 audit to assess the effectiveness and fairness, 

3 which shall be determined in accordance with per4 formance measures and standards established by the 

5 Director of National Intelligence, to covered individ6 uals of the enhanced personnel security program of 

7 the agency. 

8 ‘‘(2) SUBMISSIONS TO DNI.—The results of each 

9 audit conducted under paragraph (1) shall be sub10 mitted to the Director of National Intelligence to as11 sess the effectiveness and fairness of the enhanced per12 sonnel security programs across the Federal Govern13 ment. 

14 ‘‘(e) DEFINITIONS.—In this section— 

15 ‘‘(1) the term ‘agency’ has the meaning given 

16 that term in section 3001 of the Intelligence Reform 

17 and Terrorism Prevention Act of 2004 (50 U.S.C. 

18 3341); 

19 ‘‘(2) the term ‘consumer reporting agency’ has 

20 the meaning given that term in section 603 of the 

21 Fair Credit Reporting Act (15 U.S.C. 1681a); 

22 ‘‘(3) the term ‘covered individual’ means an in23 dividual employed by an agency or a contractor of an 

24 agency who has been determined eligible for access to 
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1 classified information or eligible to hold a sensitive 

2 position; 

3 ‘‘(4) the term ‘enhanced personnel security pro4 gram’ means a program implemented by an agency 

5 at the direction of the Director of National Intel6 ligence under subsection (a); and’’. 

7 (2) TECHNICAL AND CONFORMING AMEND8 MENT.—The table of chapters for part III of title 5, 

9 United States Code, is amended by adding at the end 

10 following: 

‘‘Subpart J—Enhanced Personnel Security Programs 

‘‘110. Enhanced personnel security programs ............................................. 11001’’. 

11 (b) RESOLUTION OF BACKLOG OF OVERDUE PERIODIC

12 REINVESTIGATIONS.— 

13 (1) IN GENERAL.—The Director of National In14 telligence shall develop and implement a plan to 

15 eliminate the backlog of overdue periodic reinvestiga16 tions of covered individuals. 

17 (2) REQUIREMENTS.—The plan developed under 

18 paragraph (1) shall— 

19 (A) use a risk-based approach to— 

20 (i) identify high-risk populations; and 

21 (ii) prioritize reinvestigations that are 

22 due or overdue to be conducted; and 

23 (B) use random automated record checks of 

24 covered individuals that shall include all covered 
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1 individuals in the pool of individuals subject to 

2 a one-time check. 

3 (3) DEFINITIONS.—In this subsection: 

4 (A) The term ‘‘covered individual’’ means 

5 an individual who has been determined eligible 

6 for access to classified information or eligible to 

7 hold a sensitive position. 

8 (B) The term ‘‘periodic reinvestigations’’ 

9 has the meaning given such term in section 

10 3001(a)(7) of the Intelligence Reform and Ter11 rorism Prevention Act of 2004 (50 U.S.C. 

12 3341(a)(7)). 

13 SEC. 307. NOTIFICATION OF CHANGES TO RETENTION OF 

14 CALL DETAIL RECORD POLICIES. 

15 (a) REQUIREMENT TO RETAIN.— 

16 (1) IN GENERAL.—Not later than 15 days after 

17 learning that an electronic communication service 

18 provider that generates call detail records in the ordi19 nary course of business has changed the policy of the 

20 provider on the retention of such call detail records to 

21 result in a retention period of less than 18 months, 

22 the Director of National Intelligence shall notify, in 

23 writing, the congressional intelligence committees of 

24 such change. 
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1 (2) REPORT.—Not later than 30 days after the 

2 date of the enactment of this Act, the Director shall 

3 submit to the congressional intelligence committees a 

4 report identifying each electronic communication 

5 service provider that has, as of the date of the report, 

6 a policy to retain call detail records for a period of 

7 18 months or less. 

8 (b) DEFINITIONS.—In this section: 

9 (1) CALL DETAIL RECORD.—The term ‘‘call de10 tail record’’ has the meaning given that term in sec11 tion 501(k) of the Foreign Intelligence Surveillance 

12 Act of 1978 (50 U.S.C. 1861(k)). 

13 (2) ELECTRONIC COMMUNICATION SERVICE PRO14 VIDER.—The term ‘‘electronic communication service 

15 provider’’ has the meaning given that term in section 

16 701(b)(4) of the Foreign Intelligence Surveillance Act 

17 of 1978 (50 U.S.C. 1881(b)(4)). 

18 SEC. 308. PERSONNEL INFORMATION NOTIFICATION POL19 ICY BY THE DIRECTOR OF NATIONAL INTEL20 LIGENCE. 

21 (a) DIRECTIVE REQUIRED.—The Director of National 

22 Intelligence shall issue a directive containing a written pol23 icy for the timely notification to the congressional intel24 ligence committees of the identities of individuals occupying 

25 senior level positions within the intelligence community. 
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1 (b) SENIOR LEVEL POSITION.—In identifying posi2 tions that are senior level positions in the intelligence com3 munity for purposes of the directive required under sub4 section (a), the Director of National Intelligence shall con5 sider whether a position— 

6 (1) constitutes the head of an entity or a signifi7 cant component within an agency; 

8 (2) is involved in the management or oversight 

9 of matters of significant import to the leadership of 

10 an entity of the intelligence community; 

11 (3) provides significant responsibility on behalf 

12 of the intelligence community; 

13 (4) requires the management of a significant 

14 number of personnel or funds; 

15 (5) requires responsibility management or over16 sight of sensitive intelligence activities; and 

17 (6) is held by an individual designated as a sen18 ior intelligence management official as such term is 

19 defined in section 368(a)(6) of the Intelligence Au20 thorization Act for Fiscal Year 2010 (Public Law 

21 111–259; 50 U.S.C. 404i–1 note). 

22 (c) NOTIFICATION.—The Director shall ensure that 

23 each notification under the directive issued under subsection 

24 (a) includes each of the following: 
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1 (1) The name of the individual occupying the 

2 position. 

3 (2) Any previous senior level position held by the 

4 individual, if applicable, or the position held by the 

5 individual immediately prior to the appointment. 

6 (3) The position to be occupied by the indi7 vidual. 

8 (4) Any other information the Director deter9 mines appropriate. 

10 (d) RELATIONSHIP TO OTHER LAWS.—The directive 

11 issued under subsection (a) and any amendment to such 

12 directive shall be consistent with the provisions of the Na13 tional Security Act of 1947 (50 U.S.C. 401 et seq.). 

14 (e) SUBMISSION.—Not later than 90 days after the 

15 date of the enactment of this Act, the Director shall submit 

16 to the congressional intelligence committees the directive 

17 issued under subsection (a). 

18 SEC. 309. DESIGNATION OF LEAD INTELLIGENCE OFFICER 

19 FOR TUNNELS. 

20 (a) IN GENERAL.—The Director of National Intel21 ligence shall designate an official to manage the collection 

22 and analysis of intelligence regarding the tactical use of 

23 tunnels by state and nonstate actors. 

24 (b) ANNUAL REPORT.—Not later than the date that is 

25 10 months after the date of the enactment of this Act, and 
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1 biennially thereafter until the date that is 4 years after the 

2 date of the enactment of this Act, the Director of National 

3 Intelligence shall submit to the congressional intelligence 

4 committees and the congressional defense committees (as 

5 such term is defined in section 101(a)(16) of title 10, United 

6 States Code) a report describing— 

7 (1) trends in the use of tunnels by foreign state 

8 and nonstate actors; and 

9 (2) collaboration efforts between the United 

10 States and partner countries to address the use of 

11 tunnels by adversaries. 

12 SEC. 310. REPORTING PROCESS REQUIRED FOR TRACKING 

13 CERTAIN REQUESTS FOR COUNTRY CLEAR14 ANCE. 

15 (a) IN GENERAL.—By not later than September 30, 

16 2016, the Director of National Intelligence shall establish 

17 a formal internal reporting process for tracking requests for 

18 country clearance submitted to overseas Director of Na19 tional Intelligence representatives by departments and 

20 agencies of the United States. Such reporting process shall 

21 include a mechanism for tracking the department or agency 

22 that submits each such request and the date on which each 

23 such request is submitted. 

24 (b) CONGRESSIONAL BRIEFING.—By not later than 

25 December 31, 2016, the Director of National Intelligence 
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1 shall brief the congressional intelligence committees on the 

2 progress of the Director in establishing the process required 

3 under subsection (a). 

4 SEC. 311. STUDY ON REDUCTION OF ANALYTIC DUPLICA5 TION. 

6 (a) STUDY AND REPORT.— 

7 (1) IN GENERAL.—Not later than January 31, 

8 2016, the Director of National Intelligence shall— 

9 (A) carry out a study to evaluate and meas10 ure the incidence of duplication in finished intel11 ligence analysis products; and 

12 (B) submit to the congressional intelligence 

13 committees a report on the findings of such 

14 study. 

15 (2) METHODOLOGY REQUIREMENTS.—The meth16 odology used to carry out the study required by this 

17 subsection shall be able to be repeated for use in other 

18 subsequent studies. 

19 (b) ELEMENTS.—The report required by subsection 

20 (a)(1)(B) shall include— 

21 (1) detailed information— 

22 (A) relating to the frequency of duplication 

23 of finished intelligence analysis products; and 

24 (B) that describes the types of, and the rea25 sons for, any such duplication; and 
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1 (2) a determination as to whether to make the 

2 production of such information a routine part of the 

3 mission of the Analytic Integrity and Standards 

4 Group. 

5 (c) CUSTOMER IMPACT PLAN.—Not later than 180 

6 days after the date of the enactment of this Act, the Director 

7 of National Intelligence shall submit to the congressional 

8 intelligence committees a plan for revising analytic prac9 tice, tradecraft, and standards to ensure customers are able 

10 to clearly identify— 

11 (1) the manner in which intelligence products 

12 written on similar topics and that are produced con13 temporaneously differ from one another in terms of 

14 methodology, sourcing, or other distinguishing ana15 lytic characteristics; and 

16 (2) the significance of that difference. 

17 (d) CONSTRUCTION.—Nothing in this section may be 

18 construed to impose any requirement that would interfere 

19 with the production of an operationally urgent or otherwise 

20 time-sensitive current intelligence product. 
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1 SEC. 312. STRATEGY FOR COMPREHENSIVE INTERAGENCY 

2 REVIEW OF THE UNITED STATES NATIONAL 

3 SECURITY OVERHEAD SATELLITE ARCHITEC4 TURE. 

5 (a) REQUIREMENT FOR STRATEGY.—The Director of 

6 National Intelligence shall collaborate with the Secretary of 

7 Defense and the Chairman of the Joint Chiefs of Staff to 

8 develop a strategy, with milestones and benchmarks, to en9 sure that there is a comprehensive interagency review of 

10 policies and practices for planning and acquiring national 

11 security satellite systems and architectures, including the 

12 capabilities of commercial systems and partner countries, 

13 consistent with the National Space Policy issued on June 

14 28, 2010. Such strategy shall, where applicable, account for 

15 the unique missions and authorities vested in the Depart16 ment of Defense and the intelligence community. 

17 (b) ELEMENTS.—The strategy required by subsection 

18 (a) shall ensure that the United States national security 

19 overhead satellite architecture— 

20 (1) meets the needs of the United States in peace 

21 time and is resilient in war time; 

22 (2) is fiscally responsible; 

23 (3) accurately takes into account cost and per24 formance tradeoffs; 

25 (4) meets realistic requirements; 
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1 (5) produces excellence, innovation, competition, 

2 and a robust industrial base; 

3 (6) aims to produce in less than 5 years innova4 tive satellite systems that are able to leverage com5 mon, standardized design elements and commercially 

6 available technologies; 

7 (7) takes advantage of rapid advances in com8 mercial technology, innovation, and commercial-like 

9 acquisition practices; 

10 (8) is open to innovative concepts, such as dis11 tributed, disaggregated architectures, that could allow 

12 for better resiliency, reconstitution, replenishment, 

13 and rapid technological refresh; and 

14 (9) emphasizes deterrence and recognizes the im15 portance of offensive and defensive space control capa16 bilities. 

17 (c) REPORT ON STRATEGY.—Not later than February 

18 28, 2016, the Director of National Intelligence, the Sec19 retary of Defense, and the Chairman of the Joint Chiefs 

20 of Staff shall jointly submit to the congressional intelligence 

21 committees, the Committee on Armed Services of the Senate, 

22 and the Committee on Armed Services of the House of Rep23 resentatives a report on the strategy required by subsection 

24 (a). 
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1 SEC. 313. CYBER ATTACK STANDARDS OF MEASUREMENT 

2 STUDY. 

3 (a) STUDY REQUIRED.—The Director of National In4 telligence, in consultation with the Secretary of Homeland 

5 Security, the Director of the Federal Bureau of Investiga6 tion, and the Secretary of Defense, shall carry out a study 

7 to determine appropriate standards that— 

8 (1) can be used to measure the damage of cyber 

9 incidents for the purposes of determining the response 

10 to such incidents; and 

11 (2) include a method for quantifying the damage 

12 caused to affected computers, systems, and devices. 

13 (b) REPORTS TO CONGRESS.— 

14 (1) PRELIMINARY FINDINGS.—Not later than 180 

15 days after the date of the enactment of this Act, the 

16 Director of National Intelligence shall submit to the 

17 appropriate congressional committees the initial find18 ings of the study required under subsection (a). 

19 (2) REPORT.—Not later than 360 days after the 

20 date of the enactment of this Act, the Director of Na21 tional Intelligence shall submit to the appropriate 

22 congressional committees a report containing the com23 plete findings of such study. 

24 (3) FORM OF REPORT.—The report required by 

25 paragraph (2) shall be submitted in unclassified form, 

26 but may contain a classified annex. 
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1 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED.—In this section, the term ‘‘appropriate congres3 sional committees’’ means the following: 

4 (1) The congressional intelligence committees. 

5 (2) The Committees on Armed Services of the 

6 House of Representatives and the Senate. 

7 (3) The Committee on Foreign Affairs of the 

8 House of Representatives and the Committee on For9 eign Relations of the Senate. 

10 (4) The Committee on Homeland Security of the 

11 House of Representatives and the Committee on 

12 Homeland Security and Governmental Affairs of the 

13 Senate. 

14 TITLE IV—MATTERS RELATING 

15 TO ELEMENTS OF THE INTEL16 LIGENCE COMMUNITY 

17 Subtitle A—Office of the Director of 

18 National Intelligence 

19 SEC. 401. APPOINTMENT AND CONFIRMATION OF THE NA20 TIONAL COUNTERINTELLIGENCE EXECUTIVE. 

21 (a) IN GENERAL.—Section 902(a) of the Counterintel22 ligence Enhancement Act of 2002 (50 U.S.C. 3382) is 

23 amended to read as follows: 

24 ‘‘(a) ESTABLISHMENT.—There shall be a National 

25 Counterintelligence Executive who shall be appointed by the 
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1 President, by and with the advice and consent of the Sen2 ate.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall take effect on the date that is one year after 

5 the date of the enactment of this Act. 

6 SEC. 402. TECHNICAL AMENDMENTS RELATING TO PAY 

7 UNDER TITLE 5, UNITED STATES CODE. 

8 Section 5102(a)(1) of title 5, United States Code, is 

9 amended— 

10 (1) in clause (vii), by striking ‘‘or’’; 

11 (2) by inserting after clause (vii) the following 

12 new clause: 

13 ‘‘(viii) the Office of the Director of National 

14 Intelligence;’’; and 

15 (3) in clause (x), by striking the period and in16 serting a semicolon. 

17 SEC. 403. ANALYTIC OBJECTIVITY REVIEW. 

18 (a) ASSESSMENT.—The Director of National Intel19 ligence shall assign the Chief of the Analytic Integrity and 

20 Standards Group to conduct a review of finished intel21 ligence products produced by the Central Intelligence Agen22 cy to assess whether the reorganization of the Agency, an23 nounced publicly on March 6, 2015, has resulted in any 

24 loss of analytic objectivity. 
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1 (b) SUBMISSION.—Not later than March 6, 2017, the 

2 Director of National Intelligence shall submit to the con3 gressional intelligence committees, in writing, the results of 

4 the review required under subsection (a), including— 

5 (1) an assessment comparing the analytic objec6 tivity of a representative sample of finished intel7 ligence products produced by the Central Intelligence 

8 Agency before the reorganization and a representative 

9 sample of such finished intelligence products produced 

10 after the reorganization, predicated on the products’ 

11 communication of uncertainty, expression of alter12 native analysis, and other underlying evaluative cri13 teria referenced in the Strategic Evaluation of All14 Source Analysis directed by the Director; 

15 (2) an assessment comparing the historical re16 sults of anonymous surveys of Central Intelligence 

17 Agency analysts and customers conducted before the 

18 reorganization and the results of such anonymous 

19 surveys conducted after the reorganization, with a 

20 focus on the analytic standard of objectivity; 

21 (3) a metrics-based evaluation measuring the ef22 fect that the reorganization’s integration of oper23 ational, analytic, support, technical, and digital per24 sonnel and capabilities into Mission Centers has had 

25 on analytic objectivity; and 
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1 (4) any recommendations for ensuring that ana2 lysts of the Central Intelligence Agency perform their 

3 functions with objectivity, are not unduly con4 strained, and are not influenced by the force of pref5 erence for a particular policy. 

6 Subtitle B—Central Intelligence 

7 Agency and Other Elements 

8 SEC. 411. AUTHORITIES OF THE INSPECTOR GENERAL FOR 

9 THE CENTRAL INTELLIGENCE AGENCY. 

10 (a) INFORMATION AND ASSISTANCE.—Paragraph (9) 

11 of section 17(e) of the Central Intelligence Agency Act of 

12 1949 (50 U.S.C. 3517(e)(9)) is amended to read as follows: 

13 ‘‘(9)(A) The Inspector General may request such infor14 mation or assistance as may be necessary for carrying out 

15 the duties and responsibilities of the Inspector General pro16 vided by this section from any Federal, State, or local gov17 ernmental agency or unit thereof. 

18 ‘‘(B) Upon request of the Inspector General for infor19 mation or assistance from a department or agency of the 

20 Federal Government, the head of the department or agency 

21 involved, insofar as practicable and not in contravention 

22 of any existing statutory restriction or regulation of such 

23 department or agency, shall furnish to the Inspector Gen24 eral, or to an authorized designee, such information or as25 sistance. 
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1 ‘‘(C) Nothing in this paragraph may be construed to 

2 provide any new authority to the Central Intelligence Agen3 cy to conduct intelligence activity in the United States. 

4 ‘‘(D) In this paragraph, the term ‘State’ means each 

5 of the several States, the District of Columbia, the Common6 wealth of Puerto Rico, the Commonwealth of the Northern 

7 Mariana Islands, and any territory or possession of the 

8 United States.’’. 

9 (b) TECHNICAL AMENDMENTS RELATING TO SELEC10 TION OF EMPLOYEES.—Paragraph (7) of such section (50 

11 U.S.C. 3517(e)(7)) is amended— 

12 (1) by inserting ‘‘(A)’’ before ‘‘Subject to appli13 cable law’’; and 

14 (2) by adding at the end the following new sub15 paragraph: 

16 ‘‘(B) Consistent with budgetary and personnel re17 sources allocated by the Director, the Inspector General has 

18 final approval of— 

19 ‘‘(i) the selection of internal and external can20 didates for employment with the Office of Inspector 

21 General; and 

22 ‘‘(ii) all other personnel decisions concerning 

23 personnel permanently assigned to the Office of In24 spector General, including selection and appointment 

25 to the Senior Intelligence Service, but excluding all 
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1 security-based determinations that are not within the 

2 authority of a head of other Central Intelligence 

3 Agency offices.’’. 

4 SEC. 412. PRIOR CONGRESSIONAL NOTIFICATION OF 

5 TRANSFERS OF FUNDS FOR CERTAIN INTEL6 LIGENCE ACTIVITIES. 

7 (a) LIMITATION.—Except as provided in subsection 

8 (b), none of the funds authorized to be appropriated by this 

9 division or otherwise made available for the intelligence 

10 community for fiscal year 2016 may be used to initiate a 

11 transfer of funds from the Joint Improvised Explosive De12 vice Defeat Fund or the Counterterrorism Partnerships 

13 Fund to be used for intelligence activities unless the Direc14 tor of National Intelligence or the Secretary of Defense, as 

15 appropriate, submits to the congressional intelligence com16 mittees, by not later than 15 days before initiating such 

17 a transfer, written notice of the transfer. 

18 (b) WAIVER.— 

19 (1) IN GENERAL.—The Director of National In20 telligence or the Secretary of Defense, as appropriate, 

21 may waive subsection (a) with respect to the initi22 ation of a transfer of funds if the Director or Sec23 retary, as the case may be, determines that an emer24 gency situation makes it impossible or impractical to 
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1 provide the notice required under such subsection by 

2 the date that is 15 days before such initiation. 

3 (2) NOTICE.—If the Director or Secretary issues 

4 a waiver under paragraph (1), the Director or Sec5 retary, as the case may be, shall submit to the con6 gressional intelligence committees, by not later than 

7 48 hours after the initiation of the transfer of funds 

8 covered by the waiver, written notice of the waiver 

9 and a justification for the waiver, including a de10 scription of the emergency situation that necessitated 

11 the waiver. 

12 TITLE V—MATTERS RELATING 

13 TO FOREIGN COUNTRIES 

14 Subtitle A—Matters Relating to 

15 Russia 

16 SEC. 501. NOTICE OF DEPLOYMENT OR TRANSFER OF CLUB– 

17 K CONTAINER MISSILE SYSTEM BY THE RUS18 SIAN FEDERATION. 

19 (a) NOTICE TO CONGRESS.—The Director of National 

20 Intelligence shall submit to the appropriate congressional 

21 committees written notice if the intelligence community re22 ceives intelligence that the Russian Federation has— 

23 (1) deployed, or is about to deploy, the Club–K 

24 container missile system through the Russian mili25 tary; or 
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1 (2) transferred or sold, or intends to transfer or 

2 sell, the Club–K container missile system to another 

3 state or non-state actor. 

4 (b) NOTICE TO CONGRESSIONAL INTELLIGENCE COM5 MITTEES.—Not later than 30 days after the date on which 

6 the Director submits a notice under subsection (a), the Di7 rector shall submit to the congressional intelligence commit8 tees a written update regarding any intelligence community 

9 engagement with a foreign partner on the deployment and 

10 impacts of a deployment of the Club–K container missile 

11 system to any potentially impacted nation. 

12 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE13 FINED.—In this section, the term ‘‘appropriate congres14 sional committees’’ means the following: 

15 (1) The congressional intelligence committees. 

16 (2) The Committees on Armed Services of the 

17 House of Representatives and the Senate. 

18 (3) The Committee on Foreign Affairs of the 

19 House of Representatives and the Committee on For20 eign Relations of the Senate. 

21 SEC. 502. ASSESSMENT ON FUNDING OF POLITICAL PAR22 TIES AND NONGOVERNMENTAL ORGANIZA23 TIONS BY THE RUSSIAN FEDERATION. 

24 (a) IN GENERAL.—Not later than 180 days after the 

25 date of the enactment of this Act, the Director of National 
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1 Intelligence shall submit to the appropriate congressional 

2 committees an intelligence community assessment on the 

3 funding of political parties and nongovernmental organiza4 tions in former Soviet states and countries in Europe by 

5 the Russian Security Services since January 1, 2006. Such 

6 assessment shall include the following: 

7 (1) The country involved, the entity funded, the 

8 security service involved, and the intended effect of the 

9 funding. 

10 (2) An evaluation of such intended effects, in11 cluding with respect to— 

12 (A) undermining the political cohesion of 

13 the country involved; 

14 (B) undermining the missile defense of the 

15 United States and the North Atlantic Treaty Or16 ganization; and 

17 (C) undermining energy projects that could 

18 provide an alternative to Russian energy. 

19 (b) FORM.—The report under subsection (a) shall be 

20 submitted in unclassified form, but may include a classified 

21 annex. 

22 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE23 FINED.—In this section, the term ‘‘appropriate congres24 sional committees’’ means the following: 

25 (1) The congressional intelligence committees. 
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1 (2) The Committees on Armed Services of the 

2 House of Representatives and the Senate. 

3 (3) The Committee on Foreign Affairs of the 

4 House of Representatives and the Committee on For5 eign Relations of the Senate. 

6 SEC. 503. ASSESSMENT ON THE USE OF POLITICAL ASSAS7 SINATIONS AS A FORM OF STATECRAFT BY 

8 THE RUSSIAN FEDERATION. 

9 (a) REQUIREMENT FOR ASSESSMENT.—Not later than 

10 180 days after the date of the enactment of this Act, the 

11 Director of National Intelligence shall submit to the appro12 priate congressional committees an intelligence community 

13 assessment on the use of political assassinations as a form 

14 of statecraft by the Russian Federation since January 1, 

15 2000. 

16 (b) CONTENT.—The assessment required by subsection 

17 (a) shall include— 

18 (1) a list of Russian politicians, businessmen, 

19 dissidents, journalists, current or former government 

20 officials, foreign heads-of-state, foreign political lead21 ers, foreign journalists, members of nongovernmental 

22 organizations, and other relevant individuals that the 

23 intelligence community assesses were assassinated by 

24 Russian Security Services, or agents of such services, 

25 since January 1, 2000; and 
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1 (2) for each individual described in paragraph 

2 (1), the country in which the assassination took place, 

3 the means used, associated individuals and organiza4 tions, and other background information related to 

5 the assassination of the individual. 

6 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE7 FINED.—In this section, the term ‘‘appropriate congres8 sional committees’’ means the following: 

9 (1) The congressional intelligence committees. 

10 (2) The Committees on Armed Services of the 

11 House of Representatives and the Senate. 

12 (3) The Committee on Foreign Affairs of the 

13 House of Representatives and the Committee on For14 eign Relations of the Senate. 

15 Subtitle B—Matters Relating to 

16 Other Countries 

17 SEC. 511. REPORT ON RESOURCES AND COLLECTION POS18 TURE WITH REGARD TO THE SOUTH CHINA 

19 SEA AND EAST CHINA SEA. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of the enactment of this Act, the Director of National 

22 Intelligence shall submit to the congressional intelligence 

23 committees an intelligence community assessment on the re24 sources used for collection efforts and the collection posture 
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1 of the intelligence community with regard to the South 

2 China Sea and East China Sea. 

3 (b) ELEMENTS.—The intelligence community assess4 ment required by subsection (a) shall provide detailed infor5 mation related to intelligence collection by the United 

6 States with regard to the South China Sea and East China 

7 Sea, including— 

8 (1) a review of intelligence community collection 

9 activities and a description of these activities, includ10 ing the lead agency, key partners, purpose of collec11 tion activity, annual funding and personnel, the 

12 manner in which the collection is conducted, and 

13 types of information collected; 

14 (2) an explanation of how the intelligence com15 munity prioritizes and coordinates collection activi16 ties focused on such region; and 

17 (3) a description of any collection and 

18 resourcing gaps and efforts being made to address 

19 such gaps. 

20 SEC. 512. USE OF LOCALLY EMPLOYED STAFF SERVING AT 

21 A UNITED STATES DIPLOMATIC FACILITY IN 

22 CUBA. 

23 (a) SUPERVISORY REQUIREMENT.— 

24 (1) IN GENERAL.—Except as provided under 

25 paragraph (2), the Secretary of State shall ensure 
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1 that, not later than 1 year after the date of the enact2 ment of this Act, key supervisory positions at a 

3 United States diplomatic facility in Cuba are occu4 pied by citizens of the United States. 

5 (2) EXTENSION.—The Secretary of State may ex6 tend the deadline under paragraph (1) for up to 1 

7 year by providing advance written notification and 

8 justification of such extension to the appropriate con9 gressional committees. 

10 (b) REPORT.—Not later than 180 days after the date 

11 of the enactment of this Act, the Secretary of State, in co12 ordination with the heads of other appropriate Federal 

13 agencies, shall submit to the appropriate congressional com14 mittees a report on— 

15 (1) the progress made toward meeting the re16 quirement under subsection (a)(1); and 

17 (2) the use of locally employed staff in United 

18 States diplomatic facilities in Cuba, including— 

19 (A) the number of such staff; 

20 (B) the responsibilities of such staff; 

21 (C) the manner in which such staff are se22 lected, including efforts to mitigate counterintel23 ligence threats to the United States; and 
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1 (D) the potential cost and impact on the 

2 operational capacity of the diplomatic facility if 

3 such staff were reduced. 

4 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE5 FINED.—In this section, the term ‘‘appropriate congres6 sional committees’’ means— 

7 (1) the congressional intelligence committees; 

8 (2) the Committee on Foreign Relations and the 

9 Committee on Appropriations of the Senate; and 

10 (3) the Committee on Foreign Affairs and the 

11 Committee on Appropriations of the House of Rep12 resentatives. 

13 SEC. 513. INCLUSION OF SENSITIVE COMPARTMENTED IN14 FORMATION FACILITIES IN UNITED STATES 

15 DIPLOMATIC FACILITIES IN CUBA. 

16 (a) RESTRICTED ACCESS SPACE REQUIREMENT.— 

17 Each United States diplomatic facility in Cuba in which 

18 classified information will be processed or in which classi19 fied communications occur that, after the date of the enact20 ment of this Act, is constructed or undergoes a major con21 struction upgrade shall be constructed to include a sensitive 

22 compartmented information facility. 

23 (b) NATIONAL SECURITY WAIVER.—The Secretary of 

24 State may waive the requirement under subsection (a) if 

25 the Secretary— 
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1 (1) determines that such waiver is in the na2 tional security interest of the United States; and 

3 (2) submits a written justification for such waiv4 er to the appropriate congressional committees not 

5 later than 90 days before exercising such waiver. 

6 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE7 FINED.—In this section, the term ‘‘appropriate congres8 sional committees’’ means— 

9 (1) the congressional intelligence committees; 

10 (2) the Committee on Foreign Relations and the 

11 Committee on Appropriations of the Senate; and 

12 (3) the Committee on Foreign Affairs and the 

13 Committee on Appropriations of the House of Rep14 resentatives. 

15 SEC. 514. REPORT ON USE BY IRAN OF FUNDS MADE AVAIL16 ABLE THROUGH SANCTIONS RELIEF. 

17 (a) IN GENERAL.—At the times specified in subsection 

18 (b), the Director of National Intelligence, in consultation 

19 with the Secretary of the Treasury, shall submit to the ap20 propriate congressional committees a report assessing the 

21 following: 

22 (1) The monetary value of any direct or indirect 

23 forms of sanctions relief that Iran has received since 

24 the Joint Plan of Action first entered into effect. 
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1 (2) How Iran has used funds made available 

2 through sanctions relief, including the extent to which 

3 any such funds have facilitated the ability of Iran— 

4 (A) to provide support for— 

5 (i) any individual or entity designated 

6 for the imposition of sanctions for activities 

7 relating to international terrorism pursuant 

8 to an executive order or by the Office of 

9 Foreign Assets Control of the Department of 

10 the Treasury as of the date of the enactment 

11 of this Act; 

12 (ii) any organization designated by the 

13 Secretary of State as a foreign terrorist or14 ganization under section 219(a) of the Im15 migration and Nationality Act (8 U.S.C. 

16 1189(a)) as of the date of the enactment of 

17 this Act; 

18 (iii) any other terrorist organization; 

19 or 

20 (iv) the regime of Bashar al Assad in 

21 Syria; 

22 (B) to advance the efforts of Iran or any 

23 other country to develop nuclear weapons or bal24 listic missiles overtly or covertly; or 
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1 (C) to commit any violation of the human 

2 rights of the people of Iran. 

3 (3) The extent to which any senior official of the 

4 Government of Iran has diverted any funds made 

5 available through sanctions relief to be used by the of6 ficial for personal use. 

7 (b) SUBMISSION TO CONGRESS.— 

8 (1) IN GENERAL.—The Director shall submit the 

9 report required by subsection (a) to the appropriate 

10 congressional committees— 

11 (A) not later than 180 days after the date 

12 of the enactment of this Act and every 180 days 

13 thereafter during the period that the Joint Plan 

14 of Action is in effect; and 

15 (B) not later than 1 year after a subsequent 

16 agreement with Iran relating to the nuclear pro17 gram of Iran takes effect and annually thereafter 

18 during the period that such agreement remains 

19 in effect. 

20 (2) NONDUPLICATION.—The Director may sub21 mit the information required by subsection (a) with 

22 a report required to be submitted to Congress under 

23 another provision of law if— 

24 (A) the Director notifies the appropriate 

25 congressional committees of the intention of mak-
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1 ing such submission before submitting that re2 port; and 

3 (B) all matters required to be covered by 

4 subsection (a) are included in that report. 

5 (c) FORM OF REPORTS.—Each report required by sub6 section (a) shall be submitted in unclassified form, but may 

7 include a classified annex. 

8 (d) DEFINITIONS.—In this section: 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional commit11 tees’’ means— 

12 (A) the Committee on Banking, Housing, 

13 and Urban Affairs, the Committee on Finance, 

14 the Committee on Foreign Relations, and the Se15 lect Committee on Intelligence of the Senate; and 

16 (B) the Committee on Financial Services, 

17 the Committee on Foreign Affairs, the Committee 

18 on Ways and Means, and the Permanent Select 

19 Committee on Intelligence of the House of Rep20 resentatives. 

21 (2) JOINT PLAN OF ACTION.—The term ‘‘Joint 

22 Plan of Action’’ means the Joint Plan of Action, 

23 signed at Geneva November 24, 2013, by Iran and by 

24 France, Germany, the Russian Federation, the Peo25 ple’s Republic of China, the United Kingdom, and the 
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1 United States, and all implementing materials and 

2 agreements related to the Joint Plan of Action, in3 cluding the technical understandings reached on Jan4 uary 12, 2014, the extension thereto agreed to on July 

5 18, 2014, and the extension thereto agreed to on No6 vember 24, 2014. 

7 TITLE VI—MATTERS RELATING 

8 TO UNITED STATES NAVAL 

9 STATION, GUANTANAMO BAY, 

10 CUBA 

11 SEC. 601. PROHIBITION ON USE OF FUNDS FOR TRANSFER 

12 OR RELEASE OF INDIVIDUALS DETAINED AT 

13 UNITED STATES NAVAL STATION, GUANTA14 NAMO BAY, CUBA, TO THE UNITED STATES. 

15 No amounts authorized to be appropriated or otherwise 

16 made available to an element of the intelligence community 

17 may be used during the period beginning on the date of 

18 the enactment of this Act and ending on December 31, 2016, 

19 to transfer, release, or assist in the transfer or release, to 

20 or within the United States, its territories, or possessions, 

21 Khalid Sheikh Mohammed or any other detainee who— 

22 (1) is not a United States citizen or a member 

23 of the Armed Forces of the United States; and 
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1 (2) is or was held on or after January 20, 2009, 

2 at United States Naval Station, Guantanamo Bay, 

3 Cuba, by the Department of Defense. 

4 SEC. 602. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 

5 OR MODIFY FACILITIES IN THE UNITED 

6 STATES TO HOUSE DETAINEES TRANS7 FERRED FROM UNITED STATES NAVAL STA8 TION, GUANTANAMO BAY, CUBA. 

9 (a) IN GENERAL.—No amounts authorized to be ap10 propriated or otherwise made available to an element of the 

11 intelligence community may be used during the period be12 ginning on the date of the enactment of this Act and ending 

13 on December 31, 2016, to construct or modify any facility 

14 in the United States, its territories, or possessions to house 

15 any individual detained at Guantanamo for the purposes 

16 of detention or imprisonment in the custody or under the 

17 control of the Department of Defense unless authorized by 

18 Congress. 

19 (b) EXCEPTION.—The prohibition in subsection (a) 

20 shall not apply to any modification of facilities at United 

21 States Naval Station, Guantanamo Bay, Cuba. 

22 (c) INDIVIDUAL DETAINED AT GUANTANAMO DE23 FINED.—In this section, the term ‘‘individual detained at 

24 Guantanamo’’ means any individual located at United 
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1 States Naval Station, Guantanamo Bay, Cuba, as of Octo2 ber 1, 2009, who— 

3 (1) is not a citizen of the United States or a 

4 member of the Armed Forces of the United States; and 

5 (2) is— 

6 (A) in the custody or under the control of 

7 the Department of Defense; or 

8 (B) otherwise under detention at United 

9 States Naval Station, Guantanamo Bay, Cuba. 

10 SEC. 603. PROHIBITION ON USE OF FUNDS FOR TRANSFER 

11 OR RELEASE TO CERTAIN COUNTRIES OF IN12 DIVIDUALS DETAINED AT UNITED STATES 

13 NAVAL STATION, GUANTANAMO BAY, CUBA. 

14 No amounts authorized to be appropriated or otherwise 

15 made available to an element of the intelligence community 

16 may be used during the period beginning on the date of 

17 the enactment of this Act and ending on December 31, 2016, 

18 to transfer, release, or assist in the transfer or release of 

19 any individual detained in the custody or under the control 

20 of the Department of Defense at United States Naval Sta21 tion, Guantanamo Bay, Cuba, to the custody or control of 

22 any country, or any entity within such country, as follows: 

23 (1) Libya. 

24 (2) Somalia. 

25 (3) Syria. 
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1 (4) Yemen. 

2 TITLE VII—REPORTS AND OTHER 

3 MATTERS 

4 Subtitle A—Reports 

5 SEC. 701. REPEAL OF CERTAIN REPORTING REQUIRE6 MENTS. 

7 (a) QUADRENNIAL AUDIT OF POSITIONS REQUIRING

8 SECURITY CLEARANCES.—Section 506H of the National Se9 curity Act of 1947 (50 U.S.C. 3104) is amended— 

10 (1) by striking subsection (a); 

11 (2) by redesignating subsections (b) and (c) as 

12 subsections (a) and (b), respectively; and 

13 (3) in subsection (b), as so redesignated, by strik14 ing ‘‘The results required under subsection (a)(2) and 

15 the reports required under subsection (b)(1)’’ and in16 serting ‘‘The reports required under subsection 

17 (a)(1)’’. 

18 (b) REPORTS ON ROLE OF ANALYSTS AT FBI.—Sec19 tion 2001(g) of the Intelligence Reform and Terrorism Pre20 vention Act of 2004 (Public Law 108–458; 118 Stat. 3700; 

21 28 U.S.C. 532 note) is amended by striking paragraph (3) 

22 and redesignating paragraph (4) as paragraph (3). 

23 (c) REPORT ON OUTSIDE EMPLOYMENT BY OFFICERS

24 AND EMPLOYEES OF INTELLIGENCE COMMUNITY.— 
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1 (1) IN GENERAL.—Section 102A(u) of the Na2 tional Security Act of 1947 (50 U.S.C. 3024(u)) is 

3 amended— 

4 (A) by striking ‘‘(1) The Director’’ and in5 serting ‘‘The Director’’; and 

6 (B) by striking paragraph (2). 

7 (2) CONFORMING AMENDMENT.—Subsection (a) 

8 of section 507 of such Act (50 U.S.C. 3106) is amend9 ed— 

10 (A) by striking paragraph (5); and 

11 (B) by redesignating paragraph (6) as 

12 paragraph (5). 

13 (3) TECHNICAL AMENDMENT.—Subsection (c)(1) 

14 of such section 507 is amended by striking ‘‘subsection 

15 (a)(1)’’ and inserting ‘‘subsection (a)’’. 

16 (d) REPORTS ON NUCLEAR ASPIRATIONS OF NON17 STATE ENTITIES.—Section 1055 of the National Defense 

18 Authorization Act for Fiscal Year 2010 (50 U.S.C. 2371) 

19 is repealed. 

20 (e) REPORTS ON ESPIONAGE BY PEOPLE’S REPUBLIC

21 OF CHINA.—Section 3151 of the National Defense Author22 ization Act for Fiscal Year 2000 (42 U.S.C. 7383e) is re23 pealed. 
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1 (f) REPORTS ON SECURITY VULNERABILITIES OF NA2 TIONAL LABORATORY COMPUTERS.—Section 4508 of the 

3 Atomic Energy Defense Act (50 U.S.C. 2659) is repealed. 

4 SEC. 702. REPORTS ON FOREIGN FIGHTERS. 

5 (a) REPORTS REQUIRED.—Not later than 60 days 

6 after the date of the enactment of this Act, and every 60 

7 days thereafter, the Director of National Intelligence shall 

8 submit to the congressional intelligence committees a report 

9 on foreign fighter flows to and from Syria and to and from 

10 Iraq. The Director shall define the term ‘‘foreign fighter’’ 

11 in such reports. 

12 (b) MATTERS TO BE INCLUDED.—Each report sub13 mitted under subsection (a) shall include each of the fol14 lowing: 

15 (1) The total number of foreign fighters who have 

16 traveled to Syria or Iraq since January 1, 2011, the 

17 total number of foreign fighters in Syria or Iraq as 

18 of the date of the submittal of the report, the total 

19 number of foreign fighters whose countries of origin 

20 have a visa waiver program described in section 217 

21 of the Immigration and Nationality Act (8 U.S.C. 

22 1187), the total number of foreign fighters who have 

23 left Syria or Iraq, the total number of female foreign 

24 fighters, and the total number of deceased foreign 

25 fighters. 
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1 (2) The total number of United States persons 

2 who have traveled or attempted to travel to Syria or 

3 Iraq since January 1, 2011, the total number of such 

4 persons who have arrived in Syria or Iraq since such 

5 date, and the total number of such persons who have 

6 returned to the United States from Syria or Iraq 

7 since such date. 

8 (3) The total number of foreign fighters in the 

9 Terrorist Identities Datamart Environment and the 

10 status of each such foreign fighter in that database, 

11 the number of such foreign fighters who are on a 

12 watchlist, and the number of such foreign fighters who 

13 are not on a watchlist. 

14 (4) The total number of foreign fighters who have 

15 been processed with biometrics, including face images, 

16 fingerprints, and iris scans. 

17 (5) Any programmatic updates to the foreign 

18 fighter report since the last report was submitted, in19 cluding updated analysis on foreign country coopera20 tion, as well as actions taken, such as denying or re21 voking visas. 

22 (6) A worldwide graphic that describes foreign 

23 fighters flows to and from Syria, with points of origin 

24 by country. 
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1 (c) ADDITIONAL REPORT.—Not later than 180 days 

2 after the date of the enactment of this Act, the Director of 

3 National Intelligence shall submit to the congressional intel4 ligence committees a report that includes— 

5 (1) with respect to the travel of foreign fighters 

6 to and from Iraq and Syria, a description of the in7 telligence sharing relationships between the United 

8 States and member states of the European Union and 

9 member states of the North Atlantic Treaty Organiza10 tion; and 

11 (2) an analysis of the challenges impeding such 

12 intelligence sharing relationships. 

13 (d) FORM.—The reports submitted under subsections 

14 (a) and (c) may be submitted in classified form. 

15 (e) TERMINATION.—The requirement to submit reports 

16 under subsection (a) shall terminate on the date that is 3 

17 years after the date of the enactment of this Act. 

18 SEC. 703. REPORT ON STRATEGY, EFFORTS, AND RE19 SOURCES TO DETECT, DETER, AND DEGRADE 

20 ISLAMIC STATE REVENUE MECHANISMS. 

21 (a) SENSE OF CONGRESS.—It is the sense of Congress 

22 that the intelligence community should dedicate necessary 

23 resources to defeating the revenue mechanisms of the Islamic 

24 State. 
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1 (b) REPORT.—Not later than 90 days after the date 

2 of the enactment of this Act, the Director of National Intel3 ligence shall submit to the congressional intelligence com4 mittees a report on the strategy, efforts, and resources of 

5 the intelligence community that are necessary to detect, 

6 deter, and degrade the revenue mechanisms of the Islamic 

7 State. 

8 SEC. 704. REPORT ON UNITED STATES COUNTERTER9 RORISM STRATEGY TO DISRUPT, DISMANTLE, 

10 AND DEFEAT THE ISLAMIC STATE, AL-QA’IDA, 

11 AND THEIR AFFILIATED GROUPS, ASSOCI12 ATED GROUPS, AND ADHERENTS. 

13 (a) REPORT.— 

14 (1) IN GENERAL.—Not later than 180 days after 

15 the date of the enactment of this Act, the President 

16 shall transmit to the appropriate congressional com17 mittees a comprehensive report on the counterter18 rorism strategy of the United States to disrupt, dis19 mantle, and defeat the Islamic State, al-Qa’ida, and 

20 their affiliated groups, associated groups, and adher21 ents. 

22 (2) COORDINATION.—The report under para23 graph (1) shall be prepared in coordination with the 

24 Director of National Intelligence, the Secretary of 

25 State, the Secretary of the Treasury, the Attorney 
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1 General, and the Secretary of Defense, and the head 

2 of any other department or agency of the Federal 

3 Government that has responsibility for activities di4 rected at combating the Islamic State, al-Qa’ida, and 

5 their affiliated groups, associated groups, and adher6 ents. 

7 (3) ELEMENTS.—The report under by paragraph 

8 (1) shall include each of the following: 

9 (A) A definition of— 

10 (i) core al-Qa’ida, including a list of 

11 which known individuals constitute core al12 Qa’ida; 

13 (ii) the Islamic State, including a list 

14 of which known individuals constitute Is15 lamic State leadership; 

16 (iii) an affiliated group of the Islamic 

17 State or al-Qa’ida, including a list of which 

18 known groups constitute an affiliate group 

19 of the Islamic State or al-Qa’ida; 

20 (iv) an associated group of the Islamic 

21 State or al-Qa’ida, including a list of which 

22 known groups constitute an associated 

23 group of the Islamic State or al-Qa’ida; 

24 (v) an adherent of the Islamic State or 

25 al-Qa’ida, including a list of which known 
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1 groups constitute an adherent of the Islamic 

2 State or al-Qa’ida; and 

3 (vi) a group aligned with the Islamic 

4 State or al-Qa’ida, including a description 

5 of what actions a group takes or statements 

6 it makes that qualify it as a group aligned 

7 with the Islamic State or al-Qa’ida. 

8 (B) An assessment of the relationship be9 tween all identified Islamic State or al-Qa’ida 

10 affiliated groups, associated groups, and adher11 ents with Islamic State leadership or core al12 Qa’ida. 

13 (C) An assessment of the strengthening or 

14 weakening of the Islamic State or al-Qa’ida, its 

15 affiliated groups, associated groups, and adher16 ents, from January 1, 2010, to the present, in17 cluding a description of the metrics that are used 

18 to assess strengthening or weakening and an as19 sessment of the relative increase or decrease in 

20 violent attacks attributed to such entities. 

21 (D) An assessment of whether an individual 

22 can be a member of core al-Qa’ida if such indi23 vidual is not located in Afghanistan or Pakistan. 

24 (E) An assessment of whether an individual 

25 can be a member of core al-Qa’ida as well as a 
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1 member of an al-Qa’ida affiliated group, associ2 ated group, or adherent. 

3 (F) A definition of defeat of the Islamic 

4 State or core al-Qa’ida. 

5 (G) An assessment of the extent or coordina6 tion, command, and control between the Islamic 

7 State or core al-Qa’ida and their affiliated 

8 groups, associated groups, and adherents, specifi9 cally addressing each such entity. 

10 (H) An assessment of the effectiveness of 

11 counterterrorism operations against the Islamic 

12 State or core al-Qa’ida, their affiliated groups, 

13 associated groups, and adherents, and whether 

14 such operations have had a sustained impact on 

15 the capabilities and effectiveness of the Islamic 

16 State or core al-Qa’ida, their affiliated groups, 

17 associated groups, and adherents. 

18 (4) FORM.—The report under paragraph (1) 

19 shall be submitted in unclassified form, but may in20 clude a classified annex. 

21 (b) APPROPRIATE CONGRESSIONAL COMMITTEES DE22 FINED.—In this section, the term ‘‘appropriate congres23 sional committees’’ means the following: 

24 (1) The congressional intelligence committees. 
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1 (2) The Committees on Armed Services of the 

2 House of Representatives and the Senate. 

3 (3) The Committee on Foreign Affairs of the 

4 House of Representatives and the Committee on For5 eign Relations of the Senate. 

6 SEC. 705. REPORT ON EFFECTS OF DATA BREACH OF OF7 FICE OF PERSONNEL MANAGEMENT. 

8 (a) REPORT.—Not later than 120 days after the date 

9 of the enactment of this Act, the President shall transmit 

10 to the congressional intelligence committees a report on the 

11 data breach of the Office of Personnel Management disclosed 

12 in June 2015. 

13 (b) MATTERS INCLUDED.—The report under subsection 

14 (a) shall include the following: 

15 (1) The effects, if any, of the data breach on the 

16 operations of the intelligence community abroad, in17 cluding the types of operations, if any, that have been 

18 negatively affected or entirely suspended or termi19 nated as a result of the data breach. 

20 (2) An assessment of the effects of the data breach 

21 on each element of the intelligence community. 

22 (3) An assessment of how foreign persons, 

23 groups, or countries may use the data collected by the 

24 data breach (particularly regarding information in-
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1 cluded in background investigations for security clear2 ances), including with respect to— 

3 (A) recruiting intelligence assets; 

4 (B) influencing decisionmaking processes 

5 within the Federal Government, including re6 garding foreign policy decisions; and 

7 (C) compromising employees of the Federal 

8 Government and friends and families of such 

9 employees for the purpose of gaining access to 

10 sensitive national security and economic infor11 mation. 

12 (4) An assessment of which departments or agen13 cies of the Federal Government use the best practices 

14 to protect sensitive data, including a summary of any 

15 such best practices that were not used by the Office 

16 of Personnel Management. 

17 (5) An assessment of the best practices used by 

18 the departments or agencies identified under para19 graph (4) to identify and fix potential vulnerabilities 

20 in the systems of the department or agency. 

21 (c) BRIEFING.—The Director of National Intelligence 

22 shall provide to the congressional intelligence committees an 

23 interim briefing on the report under subsection (a), includ24 ing a discussion of proposals and options for responding 

25 to cyber attacks. 
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1 (d) FORM.—The report under subsection (a) shall be 

2 submitted in unclassified form, but may include a classified 

3 annex. 

4 SEC. 706. REPORT ON HIRING OF GRADUATES OF CYBER 

5 CORPS SCHOLARSHIP PROGRAM BY INTEL6 LIGENCE COMMUNITY. 

7 (a) IN GENERAL.—Not later than 90 days after the 

8 date of the enactment of this Act, the Director of National 

9 Intelligence, in coordination with the Director of the Na10 tional Science Foundation, shall submit to the congressional 

11 intelligence committees a report on the employment by the 

12 intelligence community of graduates of the Cyber Corps 

13 Scholarship Program. The report shall include the fol14 lowing: 

15 (1) The number of graduates of the Cyber Corps 

16 Scholarship Program hired by each element of the in17 telligence community. 

18 (2) A description of how each element of the in19 telligence community recruits graduates of the Cyber 

20 Corps Scholar Program. 

21 (3) A description of any processes available to 

22 the intelligence community to expedite the hiring or 

23 processing of security clearances for graduates of the 

24 Cyber Corps Scholar Program. 
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1 (4) Recommendations by the Director of Na2 tional Intelligence to improve the hiring by the intel3 ligence community of graduates of the Cyber Corps 

4 Scholarship Program, including any recommenda5 tions for legislative action to carry out such improve6 ments. 

7 (b) CYBER CORPS SCHOLARSHIP PROGRAM DE8 FINED.—In this section, the term ‘‘Cyber Corps Scholarship 

9 Program’’ means the Federal Cyber Scholarship-for-Service 

10 Program under section 302 of the Cybersecurity Enhance11 ment Act of 2014 (15 U.S.C. 7442). 

12 SEC. 707. REPORT ON USE OF CERTAIN BUSINESS CON13 CERNS. 

14 (a) IN GENERAL.—Not later than 90 days after the 

15 date of the enactment of this Act, the Director of National 

16 Intelligence shall submit to the congressional intelligence 

17 committees a report on the representation, as of the date 

18 of the report, of covered business concerns among the con19 tractors that are awarded contracts by elements of the intel20 ligence community for goods, equipment, tools, and services. 

21 (b) MATTERS INCLUDED.—The report under subsection 

22 (a) shall include the following: 

23 (1) The representation of covered business con24 cerns as described in subsection (a), including such 

25 representation by— 
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1 (A) each type of covered business concern; 

2 and 

3 (B) each element of the intelligence commu4 nity. 

5 (2) If, as of the date of the enactment of this Act, 

6 the Director does not record and monitor the statistics 

7 required to carry out this section, a description of the 

8 actions taken by the Director to ensure that such sta9 tistics are recorded and monitored beginning in fiscal 

10 year 2016. 

11 (3) The actions the Director plans to take during 

12 fiscal year 2016 to enhance the awarding of contracts 

13 to covered business concerns by elements of the intel14 ligence community. 

15 (c) COVERED BUSINESS CONCERNS DEFINED.—In this 

16 section, the term ‘‘covered business concerns’’ means the fol17 lowing: 

18 (1) Minority-owned businesses. 

19 (2) Women-owned businesses. 

20 (3) Small disadvantaged businesses. 

21 (4) Service-disabled veteran-owned businesses. 

22 (5) Veteran-owned small businesses. 
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1 Subtitle B—Other Matters 

2 SEC. 711. USE OF HOMELAND SECURITY GRANT FUNDS IN 

3 CONJUNCTION WITH DEPARTMENT OF EN4 ERGY NATIONAL LABORATORIES. 

5 Section 2008(a) of the Homeland Security Act of 2002 

6 (6 U.S.C. 609(a)) is amended in the matter preceding para7 graph (1) by inserting ‘‘including by working in conjunc8 tion with a National Laboratory (as defined in section 2(3) 

9 of the Energy Policy Act of 2005 (42 U.S.C. 15801(3))),’’ 

10 after ‘‘plans,’’. 

11 SEC. 712. INCLUSION OF CERTAIN MINORITY-SERVING IN12 STITUTIONS IN GRANT PROGRAM TO EN13 HANCE RECRUITING OF INTELLIGENCE COM14 MUNITY WORKFORCE. 

15 Section 1024 of the National Security Act of 1947 (50 

16 U.S.C. 3224) is amended— 

17 (1) in subsection (c)— 

18 (A) in paragraph (1), by striking ‘‘histori19 cally black colleges and universities and Pre20 dominantly Black Institutions’’ and inserting 

21 ‘‘historically black colleges and universities, Pre22 dominantly Black Institutions, Hispanic-serving 

23 institutions, and Asian American and Native 

24 American Pacific Islander-serving institutions’’; 

25 and 
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1 (B) in the subsection heading, by striking 

2 ‘‘HISTORICALLY BLACK’’ and inserting ‘‘CER3 TAIN MINORITY-SERVING’’; and 

4 (2) in subsection (g)— 

5 (A) by redesignating paragraph (5) as 

6 paragraph (7); and 

7 (B) by inserting after paragraph (4) the fol8 lowing new paragraphs (5) and (6): 

9 ‘‘(5) HISPANIC-SERVING INSTITUTION.—The term 

10 ‘Hispanic-serving institution’ has the meaning given 

11 that term in section 502(a)(5) of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1101a(a)(5)). 

13 ‘‘(6) ASIAN AMERICAN AND NATIVE AMERICAN

14 PACIFIC ISLANDER-SERVING INSTITUTION.—The term 

15 ‘Asian American and Native American Pacific Is16 lander-serving institution’ has the meaning given that 

17 term in section 320(b)(2) of the Higher Education Act 

18 of 1965 (20 U.S.C. 1059g(b)(2)).’’. 

19 DIVISION N—CYBERSECURITY 

20 ACT OF 2015 

21 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 

22 (a) SHORT TITLE.—This division may be cited as the 

23 ‘‘Cybersecurity Act of 2015’’. 

24 (b) TABLE OF CONTENTS.—The table of contents for 

25 this division is as follows: 

Sec. 1. Short title; table of contents. 
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TITLE I—CYBERSECURITY INFORMATION SHARING 

Sec. 101. Short title. 

Sec. 102. Definitions. 

Sec. 103. Sharing of information by the Federal Government. 

Sec. 104. Authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats. 

Sec. 105. Sharing of cyber threat indicators and defensive measures with the Federal Government. 

Sec. 106. Protection from liability. 

Sec. 107. Oversight of Government activities. 

Sec. 108. Construction and preemption. 

Sec. 109. Report on cybersecurity threats. 

Sec. 110. Exception to limitation on authority of Secretary of Defense to disseminate certain information. 

Sec. 111. Effective period. 

TITLE II—NATIONAL CYBERSECURITY ADVANCEMENT 

Subtitle A—National Cybersecurity and Communications Integration Center 

Sec. 201. Short title. 

Sec. 202. Definitions. 

Sec. 203. Information sharing structure and processes. 

Sec. 204. Information sharing and analysis organizations. 

Sec. 205. National response framework. 

Sec. 206. Report on reducing cybersecurity risks in DHS data centers. 

Sec. 207. Assessment. 

Sec. 208. Multiple simultaneous cyber incidents at critical infrastructure. 

Sec. 209. Report on cybersecurity vulnerabilities of United States ports. 

Sec. 210. Prohibition on new regulatory authority. 

Sec. 211. Termination of reporting requirements. 

Subtitle B—Federal Cybersecurity Enhancement 

Sec. 221. Short title. 

Sec. 222. Definitions. 

Sec. 223. Improved Federal network security. 

Sec. 224. Advanced internal defenses. 

Sec. 225. Federal cybersecurity requirements. 

Sec. 226. Assessment; reports. 

Sec. 227. Termination. 

Sec. 228. Identification of information systems relating to national security. 

Sec. 229. Direction to agencies. 

TITLE III—FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT 

Sec. 301. Short title. 

Sec. 302. Definitions. 

Sec. 303. National cybersecurity workforce measurement initiative. 

Sec. 304. Identification of cyber-related work roles of critical need. 

Sec. 305. Government Accountability Office status reports. 

TITLE IV—OTHER CYBER MATTERS 

Sec. 401. Study on mobile device security. 

Sec. 402. Department of State international cyberspace policy strategy. 
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Sec. 403. Apprehension and prosecution of international cyber criminals. 

Sec. 404. Enhancement of emergency services. 

Sec. 405. Improving cybersecurity in the health care industry. 

Sec. 406. Federal computer security. 

Sec. 407. Stopping the fraudulent sale of financial information of people of the 

United States. 

1 TITLE I—CYBERSECURITY 

2 INFORMATION SHARING 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Cybersecurity Informa5 tion Sharing Act of 2015’’. 

6 SEC. 102. DEFINITIONS. 

7 In this title: 

8 (1) AGENCY.—The term ‘‘agency’’ has the mean9 ing given the term in section 3502 of title 44, United 

10 States Code. 

11 (2) ANTITRUST LAWS.—The term ‘‘antitrust 

12 laws’’— 

13 (A) has the meaning given the term in the 

14 first section of the Clayton Act (15 U.S.C. 12); 

15 (B) includes section 5 of the Federal Trade 

16 Commission Act (15 U.S.C. 45) to the extent that 

17 section 5 of that Act applies to unfair methods 

18 of competition; and 

19 (C) includes any State antitrust law, but 

20 only to the extent that such law is consistent 

21 with the law referred to in subparagraph (A) or 

22 the law referred to in subparagraph (B). 
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1 (3) APPROPRIATE FEDERAL ENTITIES.—The 

2 term ‘‘appropriate Federal entities’’ means the fol3 lowing: 

4 (A) The Department of Commerce. 

5 (B) The Department of Defense. 

6 (C) The Department of Energy. 

7 (D) The Department of Homeland Security. 

8 (E) The Department of Justice. 

9 (F) The Department of the Treasury. 

10 (G) The Office of the Director of National 

11 Intelligence. 

12 (4) CYBERSECURITY PURPOSE.—The term ‘‘cy13 bersecurity purpose’’ means the purpose of protecting 

14 an information system or information that is stored 

15 on, processed by, or transiting an information system 

16 from a cybersecurity threat or security vulnerability. 

17 (5) CYBERSECURITY THREAT.— 

18 (A) IN GENERAL.—Except as provided in 

19 subparagraph (B), the term ‘‘cybersecurity 

20 threat’’ means an action, not protected by the 

21 First Amendment to the Constitution of the 

22 United States, on or through an information sys23 tem that may result in an unauthorized effort to 

24 adversely impact the security, availability, con25 fidentiality, or integrity of an information sys-
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1 tem or information that is stored on, processed 

2 by, or transiting an information system. 

3 (B) EXCLUSION.—The term ‘‘cybersecurity 

4 threat’’ does not include any action that solely 

5 involves a violation of a consumer term of service 

6 or a consumer licensing agreement. 

7 (6) CYBER THREAT INDICATOR.—The term 

8 ‘‘cyber threat indicator’’ means information that is 

9 necessary to describe or identify— 

10 (A) malicious reconnaissance, including 

11 anomalous patterns of communications that ap12 pear to be transmitted for the purpose of gath13 ering technical information related to a cyberse14 curity threat or security vulnerability; 

15 (B) a method of defeating a security control 

16 or exploitation of a security vulnerability; 

17 (C) a security vulnerability, including 

18 anomalous activity that appears to indicate the 

19 existence of a security vulnerability; 

20 (D) a method of causing a user with legiti21 mate access to an information system or infor22 mation that is stored on, processed by, or 

23 transiting an information system to unwittingly 

24 enable the defeat of a security control or exploi25 tation of a security vulnerability; 
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1 (E) malicious cyber command and control; 

2 (F) the actual or potential harm caused by 

3 an incident, including a description of the infor4 mation exfiltrated as a result of a particular cy5 bersecurity threat; 

6 (G) any other attribute of a cybersecurity 

7 threat, if disclosure of such attribute is not other8 wise prohibited by law; or 

9 (H) any combination thereof. 

10 (7) DEFENSIVE MEASURE.— 

11 (A) IN GENERAL.—Except as provided in 

12 subparagraph (B), the term ‘‘defensive measure’’ 

13 means an action, device, procedure, signature, 

14 technique, or other measure applied to an infor15 mation system or information that is stored on, 

16 processed by, or transiting an information sys17 tem that detects, prevents, or mitigates a known 

18 or suspected cybersecurity threat or security vul19 nerability. 

20 (B) EXCLUSION.—The term ‘‘defensive 

21 measure’’ does not include a measure that de22 stroys, renders unusable, provides unauthorized 

23 access to, or substantially harms an information 

24 system or information stored on, processed by, or 
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1 transiting such information system not owned 

2 by— 

3 (i) the private entity operating the 

4 measure; or 

5 (ii) another entity or Federal entity 

6 that is authorized to provide consent and 

7 has provided consent to that private entity 

8 for operation of such measure. 

9 (8) FEDERAL ENTITY.—The term ‘‘Federal enti10 ty’’ means a department or agency of the United 

11 States or any component of such department or agen12 cy. 

13 (9) INFORMATION SYSTEM.—The term ‘‘informa14 tion system’’— 

15 (A) has the meaning given the term in sec16 tion 3502 of title 44, United States Code; and 

17 (B) includes industrial control systems, 

18 such as supervisory control and data acquisition 

19 systems, distributed control systems, and pro20 grammable logic controllers. 

21 (10) LOCAL GOVERNMENT.—The term ‘‘local gov22 ernment’’ means any borough, city, county, parish, 

23 town, township, village, or other political subdivision 

24 of a State. 
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1 (11) MALICIOUS CYBER COMMAND AND CON2 TROL.—The term ‘‘malicious cyber command and 

3 control’’ means a method for unauthorized remote 

4 identification of, access to, or use of, an information 

5 system or information that is stored on, processed by, 

6 or transiting an information system. 

7 (12) MALICIOUS RECONNAISSANCE.—The term 

8 ‘‘malicious reconnaissance’’ means a method for ac9 tively probing or passively monitoring an informa10 tion system for the purpose of discerning security 

11 vulnerabilities of the information system, if such 

12 method is associated with a known or suspected cyber13 security threat. 

14 (13) MONITOR.—The term ‘‘monitor’’ means to 

15 acquire, identify, or scan, or to possess, information 

16 that is stored on, processed by, or transiting an infor17 mation system. 

18 (14) NON-FEDERAL ENTITY.— 

19 (A) IN GENERAL.—Except as otherwise pro20 vided in this paragraph, the term ‘‘non-Federal 

21 entity’’ means any private entity, non-Federal 

22 government agency or department, or State, trib23 al, or local government (including a political 

24 subdivision, department, or component thereof). 
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1 (B) INCLUSIONS.—The term ‘‘non-Federal 

2 entity’’ includes a government agency or depart3 ment of the District of Columbia, the Common4 wealth of Puerto Rico, the United States Virgin 

5 Islands, Guam, American Samoa, the Northern 

6 Mariana Islands, and any other territory or pos7 session of the United States. 

8 (C) EXCLUSION.—The term ‘‘non-Federal 

9 entity’’ does not include a foreign power as de10 fined in section 101 of the Foreign Intelligence 

11 Surveillance Act of 1978 (50 U.S.C. 1801). 

12 (15) PRIVATE ENTITY.— 

13 (A) IN GENERAL.—Except as otherwise pro14 vided in this paragraph, the term ‘‘private enti15 ty’’ means any person or private group, organi16 zation, proprietorship, partnership, trust, cooper17 ative, corporation, or other commercial or non18 profit entity, including an officer, employee, or 

19 agent thereof. 

20 (B) INCLUSION.—The term ‘‘private entity’’ 

21 includes a State, tribal, or local government per22 forming utility services, such as electric, natural 

23 gas, or water services. 

24 (C) EXCLUSION.—The term ‘‘private entity’’ 

25 does not include a foreign power as defined in 
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1 section 101 of the Foreign Intelligence Surveil2 lance Act of 1978 (50 U.S.C. 1801). 

3 (16) SECURITY CONTROL.—The term ‘‘security 

4 control’’ means the management, operational, and 

5 technical controls used to protect against an unau6 thorized effort to adversely affect the confidentiality, 

7 integrity, and availability of an information system 

8 or its information. 

9 (17) SECURITY VULNERABILITY.—The term ‘‘se10 curity vulnerability’’ means any attribute of hard11 ware, software, process, or procedure that could enable 

12 or facilitate the defeat of a security control. 

13 (18) TRIBAL.—The term ‘‘tribal’’ has the mean14 ing given the term ‘‘Indian tribe’’ in section 4 of the 

15 Indian Self-Determination and Education Assistance 

16 Act (25 U.S.C. 450b). 

17 SEC. 103. SHARING OF INFORMATION BY THE FEDERAL 

18 GOVERNMENT. 

19 (a) IN GENERAL.—Consistent with the protection of 

20 classified information, intelligence sources and methods, 

21 and privacy and civil liberties, the Director of National In22 telligence, the Secretary of Homeland Security, the Sec23 retary of Defense, and the Attorney General, in consultation 

24 with the heads of the appropriate Federal entities, shall 
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1 jointly develop and issue procedures to facilitate and pro2 mote— 

3 (1) the timely sharing of classified cyber threat 

4 indicators and defensive measures in the possession of 

5 the Federal Government with representatives of rel6 evant Federal entities and non-Federal entities that 

7 have appropriate security clearances; 

8 (2) the timely sharing with relevant Federal en9 tities and non-Federal entities of cyber threat indica10 tors, defensive measures, and information relating to 

11 cybersecurity threats or authorized uses under this 

12 title, in the possession of the Federal Government that 

13 may be declassified and shared at an unclassified 

14 level; 

15 (3) the timely sharing with relevant Federal en16 tities and non-Federal entities, or the public if appro17 priate, of unclassified, including controlled unclassi18 fied, cyber threat indicators and defensive measures 

19 in the possession of the Federal Government; 

20 (4) the timely sharing with Federal entities and 

21 non-Federal entities, if appropriate, of information 

22 relating to cybersecurity threats or authorized uses 

23 under this title, in the possession of the Federal Gov24 ernment about cybersecurity threats to such entities to 
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1 prevent or mitigate adverse effects from such cyberse2 curity threats; and 

3 (5) the periodic sharing, through publication and 

4 targeted outreach, of cybersecurity best practices that 

5 are developed based on ongoing analyses of cyber 

6 threat indicators, defensive measures, and informa7 tion relating to cybersecurity threats or authorized 

8 uses under this title, in the possession of the Federal 

9 Government, with attention to accessibility and im10 plementation challenges faced by small business con11 cerns (as defined in section 3 of the Small Business 

12 Act (15 U.S.C. 632)). 

13 (b) DEVELOPMENT OF PROCEDURES.— 

14 (1) IN GENERAL.—The procedures developed 

15 under subsection (a) shall— 

16 (A) ensure the Federal Government has and 

17 maintains the capability to share cyber threat 

18 indicators and defensive measures in real time 

19 consistent with the protection of classified infor20 mation; 

21 (B) incorporate, to the greatest extent prac22 ticable, existing processes and existing roles and 

23 responsibilities of Federal entities and non-Fed24 eral entities for information sharing by the Fed-
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1 eral Government, including sector specific infor2 mation sharing and analysis centers; 

3 (C) include procedures for notifying, in a 

4 timely manner, Federal entities and non-Federal 

5 entities that have received a cyber threat indi6 cator or defensive measure from a Federal entity 

7 under this title that is known or determined to 

8 be in error or in contravention of the require9 ments of this title or another provision of Fed10 eral law or policy of such error or contravention; 

11 (D) include requirements for Federal enti12 ties sharing cyber threat indicators or defensive 

13 measures to implement and utilize security con14 trols to protect against unauthorized access to or 

15 acquisition of such cyber threat indicators or de16 fensive measures; 

17 (E) include procedures that require a Fed18 eral entity, prior to the sharing of a cyber threat 

19 indicator— 

20 (i) to review such cyber threat indi21 cator to assess whether such cyber threat in22 dicator contains any information not di23 rectly related to a cybersecurity threat that 

24 such Federal entity knows at the time of 

25 sharing to be personal information of a spe-
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1 cific individual or information that identi2 fies a specific individual and remove such 

3 information; or 

4 (ii) to implement and utilize a tech5 nical capability configured to remove any 

6 information not directly related to a cyber7 security threat that the Federal entity 

8 knows at the time of sharing to be personal 

9 information of a specific individual or in10 formation that identifies a specific indi11 vidual; and 

12 (F) include procedures for notifying, in a 

13 timely manner, any United States person whose 

14 personal information is known or determined to 

15 have been shared by a Federal entity in violation 

16 of this title. 

17 (2) CONSULTATION.—In developing the proce18 dures required under this section, the Director of Na19 tional Intelligence, the Secretary of Homeland Secu20 rity, the Secretary of Defense, and the Attorney Gen21 eral shall consult with appropriate Federal entities, 

22 including the Small Business Administration and the 

23 National Laboratories (as defined in section 2 of the 

24 Energy Policy Act of 2005 (42 U.S.C. 15801)), to en25 sure that effective protocols are implemented that will 
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1 facilitate and promote the sharing of cyber threat in2 dicators by the Federal Government in a timely man3 ner. 

4 (c) SUBMITTAL TO CONGRESS.—Not later than 60 

5 days after the date of the enactment of this Act, the Director 

6 of National Intelligence, in consultation with the heads of 

7 the appropriate Federal entities, shall submit to Congress 

8 the procedures required by subsection (a). 

9 SEC. 104. AUTHORIZATIONS FOR PREVENTING, DETECTING, 

10 ANALYZING, AND MITIGATING CYBERSECU11 RITY THREATS. 

12 (a) AUTHORIZATION FOR MONITORING.— 

13 (1) IN GENERAL.—Notwithstanding any other 

14 provision of law, a private entity may, for cybersecu15 rity purposes, monitor— 

16 (A) an information system of such private 

17 entity; 

18 (B) an information system of another non19 Federal entity, upon the authorization and writ20 ten consent of such other entity; 

21 (C) an information system of a Federal en22 tity, upon the authorization and written consent 

23 of an authorized representative of the Federal en24 tity; and 
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1 (D) information that is stored on, processed 

2 by, or transiting an information system mon3 itored by the private entity under this para4 graph. 

5 (2) CONSTRUCTION.—Nothing in this subsection 

6 shall be construed— 

7 (A) to authorize the monitoring of an infor8 mation system, or the use of any information ob9 tained through such monitoring, other than as 

10 provided in this title; or 

11 (B) to limit otherwise lawful activity. 

12 (b) AUTHORIZATION FOR OPERATION OF DEFENSIVE

13 MEASURES.— 

14 (1) IN GENERAL.—Notwithstanding any other 

15 provision of law, a private entity may, for cybersecu16 rity purposes, operate a defensive measure that is ap17 plied to— 

18 (A) an information system of such private 

19 entity in order to protect the rights or property 

20 of the private entity; 

21 (B) an information system of another non22 Federal entity upon written consent of such enti23 ty for operation of such defensive measure to 

24 protect the rights or property of such entity; and 
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1 (C) an information system of a Federal en2 tity upon written consent of an authorized rep3 resentative of such Federal entity for operation 

4 of such defensive measure to protect the rights or 

5 property of the Federal Government. 

6 (2) CONSTRUCTION.—Nothing in this subsection 

7 shall be construed— 

8 (A) to authorize the use of a defensive meas9 ure other than as provided in this subsection; or 

10 (B) to limit otherwise lawful activity. 

11 (c) AUTHORIZATION FOR SHARING OR RECEIVING

12 CYBER THREAT INDICATORS OR DEFENSIVE MEASURES.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2) and notwithstanding any other provision of 

15 law, a non-Federal entity may, for a cybersecurity 

16 purpose and consistent with the protection of classi17 fied information, share with, or receive from, any 

18 other non-Federal entity or the Federal Government a 

19 cyber threat indicator or defensive measure. 

20 (2) LAWFUL RESTRICTION.—A non-Federal enti21 ty receiving a cyber threat indicator or defensive 

22 measure from another non-Federal entity or a Federal 

23 entity shall comply with otherwise lawful restrictions 

24 placed on the sharing or use of such cyber threat indi-
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1 cator or defensive measure by the sharing non-Federal 

2 entity or Federal entity. 

3 (3) CONSTRUCTION.—Nothing in this subsection 

4 shall be construed— 

5 (A) to authorize the sharing or receiving of 

6 a cyber threat indicator or defensive measure 

7 other than as provided in this subsection; or 

8 (B) to limit otherwise lawful activity. 

9 (d) PROTECTION AND USE OF INFORMATION.— 

10 (1) SECURITY OF INFORMATION.—A non-Federal 

11 entity monitoring an information system, operating a 

12 defensive measure, or providing or receiving a cyber 

13 threat indicator or defensive measure under this sec14 tion shall implement and utilize a security control to 

15 protect against unauthorized access to or acquisition 

16 of such cyber threat indicator or defensive measure. 

17 (2) REMOVAL OF CERTAIN PERSONAL INFORMA18 TION.—A non-Federal entity sharing a cyber threat 

19 indicator pursuant to this title shall, prior to such 

20 sharing— 

21 (A) review such cyber threat indicator to as22 sess whether such cyber threat indicator contains 

23 any information not directly related to a cyber24 security threat that the non-Federal entity knows 

25 at the time of sharing to be personal information 
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•HR 2029 EAH 

1 of a specific individual or information that iden2 tifies a specific individual and remove such in3 formation; or 

4 (B) implement and utilize a technical capa5 bility configured to remove any information not 

6 directly related to a cybersecurity threat that the 

7 non-Federal entity knows at the time of sharing 

8 to be personal information of a specific indi9 vidual or information that identifies a specific 

10 individual. 

11 (3) USE OF CYBER THREAT INDICATORS AND DE12 FENSIVE MEASURES BY NON-FEDERAL ENTITIES.— 

13 (A) IN GENERAL.—Consistent with this 

14 title, a cyber threat indicator or defensive meas15 ure shared or received under this section may, 

16 for cybersecurity purposes— 

17 (i) be used by a non-Federal entity to 

18 monitor or operate a defensive measure that 

19 is applied to— 

20 (I) an information system of the 

21 non-Federal entity; or 

22 (II) an information system of an23 other non-Federal entity or a Federal 

24 entity upon the written consent of that 
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•HR 2029 EAH 

1 other non-Federal entity or that Fed2 eral entity; and 

3 (ii) be otherwise used, retained, and 

4 further shared by a non-Federal entity sub5 ject to— 

6 (I) an otherwise lawful restriction 

7 placed by the sharing non-Federal enti8 ty or Federal entity on such cyber 

9 threat indicator or defensive measure; 

10 or 

11 (II) an otherwise applicable pro12 vision of law. 

13 (B) CONSTRUCTION.—Nothing in this para14 graph shall be construed to authorize the use of 

15 a cyber threat indicator or defensive measure 

16 other than as provided in this section. 

17 (4) USE OF CYBER THREAT INDICATORS BY

18 STATE, TRIBAL, OR LOCAL GOVERNMENT.— 

19 (A) LAW ENFORCEMENT USE.—A State, 

20 tribal, or local government that receives a cyber 

21 threat indicator or defensive measure under this 

22 title may use such cyber threat indicator or de23 fensive measure for the purposes described in sec24 tion 105(d)(5)(A). 
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1 (B) EXEMPTION FROM DISCLOSURE.—A 

2 cyber threat indicator or defensive measure 

3 shared by or with a State, tribal, or local govern4 ment, including a component of a State, tribal, 

5 or local government that is a private entity, 

6 under this section shall be— 

7 (i) deemed voluntarily shared informa8 tion; and 

9 (ii) exempt from disclosure under any 

10 provision of State, tribal, or local freedom 

11 of information law, open government law, 

12 open meetings law, open records law, sun13 shine law, or similar law requiring disclo14 sure of information or records. 

15 (C) STATE, TRIBAL, AND LOCAL REGU16 LATORY AUTHORITY.— 

17 (i) IN GENERAL.—Except as provided 

18 in clause (ii), a cyber threat indicator or 

19 defensive measure shared with a State, trib20 al, or local government under this title shall 

21 not be used by any State, tribal, or local 

22 government to regulate, including an en23 forcement action, the lawful activity of any 

24 non-Federal entity or any activity taken by 

25 a non-Federal entity pursuant to manda-
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1 tory standards, including an activity relat2 ing to monitoring, operating a defensive 

3 measure, or sharing of a cyber threat indi4 cator. 

5 (ii) REGULATORY AUTHORITY SPECIFI6 CALLY RELATING TO PREVENTION OR MITI7 GATION OF CYBERSECURITY THREATS.—A 

8 cyber threat indicator or defensive measure 

9 shared as described in clause (i) may, con10 sistent with a State, tribal, or local govern11 ment regulatory authority specifically relat12 ing to the prevention or mitigation of cyber13 security threats to information systems, in14 form the development or implementation of 

15 a regulation relating to such information 

16 systems. 

17 (e) ANTITRUST EXEMPTION.— 

18 (1) IN GENERAL.—Except as provided in section 

19 108(e), it shall not be considered a violation of any 

20 provision of antitrust laws for 2 or more private enti21 ties to exchange or provide a cyber threat indicator 

22 or defensive measure, or assistance relating to the pre23 vention, investigation, or mitigation of a cybersecu24 rity threat, for cybersecurity purposes under this title. 
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1 (2) APPLICABILITY.—Paragraph (1) shall apply 

2 only to information that is exchanged or assistance 

3 provided in order to assist with— 

4 (A) facilitating the prevention, investiga5 tion, or mitigation of a cybersecurity threat to 

6 an information system or information that is 

7 stored on, processed by, or transiting an infor8 mation system; or 

9 (B) communicating or disclosing a cyber 

10 threat indicator to help prevent, investigate, or 

11 mitigate the effect of a cybersecurity threat to an 

12 information system or information that is stored 

13 on, processed by, or transiting an information 

14 system. 

15 (f) NO RIGHT OR BENEFIT.—The sharing of a cyber 

16 threat indicator or defensive measure with a non-Federal 

17 entity under this title shall not create a right or benefit 

18 to similar information by such non-Federal entity or any 

19 other non-Federal entity. 

20 SEC. 105. SHARING OF CYBER THREAT INDICATORS AND 

21 DEFENSIVE MEASURES WITH THE FEDERAL 

22 GOVERNMENT. 

23 (a) REQUIREMENT FOR POLICIES AND PROCE24 DURES.— 
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1 (1) INTERIM POLICIES AND PROCEDURES.—Not 

2 later than 60 days after the date of the enactment of 

3 this Act, the Attorney General and the Secretary of 

4 Homeland Security shall, in consultation with the 

5 heads of the appropriate Federal entities, jointly de6 velop and submit to Congress interim policies and 

7 procedures relating to the receipt of cyber threat indi8 cators and defensive measures by the Federal Govern9 ment. 

10 (2) FINAL POLICIES AND PROCEDURES.—Not 

11 later than 180 days after the date of the enactment 

12 of this Act, the Attorney General and the Secretary of 

13 Homeland Security shall, in consultation with the 

14 heads of the appropriate Federal entities, jointly issue 

15 and make publicly available final policies and proce16 dures relating to the receipt of cyber threat indicators 

17 and defensive measures by the Federal Government. 

18 (3) REQUIREMENTS CONCERNING POLICIES AND

19 PROCEDURES.—Consistent with the guidelines re20 quired by subsection (b), the policies and procedures 

21 developed or issued under this subsection shall— 

22 (A) ensure that cyber threat indicators 

23 shared with the Federal Government by any non24 Federal entity pursuant to section 104(c) 
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1 through the real-time process described in sub2 section (c) of this section— 

3 (i) are shared in an automated man4 ner with all of the appropriate Federal enti5 ties; 

6 (ii) are only subject to a delay, modi7 fication, or other action due to controls es8 tablished for such real-time process that 

9 could impede real-time receipt by all of the 

10 appropriate Federal entities when the delay, 

11 modification, or other action is due to con12 trols— 

13 (I) agreed upon unanimously by 

14 all of the heads of the appropriate Fed15 eral entities; 

16 (II) carried out before any of the 

17 appropriate Federal entities retains or 

18 uses the cyber threat indicators or de19 fensive measures; and 

20 (III) uniformly applied such that 

21 each of the appropriate Federal entities 

22 is subject to the same delay, modifica23 tion, or other action; and 

24 (iii) may be provided to other Federal 

25 entities; 
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1 (B) ensure that cyber threat indicators 

2 shared with the Federal Government by any non3 Federal entity pursuant to section 104 in a 

4 manner other than the real-time process de5 scribed in subsection (c) of this section— 

6 (i) are shared as quickly as operation7 ally practicable with all of the appropriate 

8 Federal entities; 

9 (ii) are not subject to any unnecessary 

10 delay, interference, or any other action that 

11 could impede receipt by all of the appro12 priate Federal entities; and 

13 (iii) may be provided to other Federal 

14 entities; and 

15 (C) ensure there are— 

16 (i) audit capabilities; and 

17 (ii) appropriate sanctions in place for 

18 officers, employees, or agents of a Federal 

19 entity who knowingly and willfully conduct 

20 activities under this title in an unauthor21 ized manner. 

22 (4) GUIDELINES FOR ENTITIES SHARING CYBER

23 THREAT INDICATORS WITH FEDERAL GOVERNMENT.— 

24 (A) IN GENERAL.—Not later than 60 days 

25 after the date of the enactment of this Act, the 
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1 Attorney General and the Secretary of Homeland 

2 Security shall jointly develop and make publicly 

3 available guidance to assist entities and promote 

4 sharing of cyber threat indicators with Federal 

5 entities under this title. 

6 (B) CONTENTS.—The guidelines developed 

7 and made publicly available under subpara8 graph (A) shall include guidance on the fol9 lowing: 

10 (i) Identification of types of informa11 tion that would qualify as a cyber threat 

12 indicator under this title that would be un13 likely to include information that— 

14 (I) is not directly related to a cy15 bersecurity threat; and 

16 (II) is personal information of a 

17 specific individual or information that 

18 identifies a specific individual. 

19 (ii) Identification of types of informa20 tion protected under otherwise applicable 

21 privacy laws that are unlikely to be directly 

22 related to a cybersecurity threat. 

23 (iii) Such other matters as the Attor24 ney General and the Secretary of Homeland 

25 Security consider appropriate for entities 
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1 sharing cyber threat indicators with Federal 

2 entities under this title. 

3 (b) PRIVACY AND CIVIL LIBERTIES.— 

4 (1) INTERIM GUIDELINES.—Not later than 60 

5 days after the date of the enactment of this Act, the 

6 Attorney General and the Secretary of Homeland Se7 curity shall, in consultation with heads of the appro8 priate Federal entities and in consultation with offi9 cers designated under section 1062 of the National Se10 curity Intelligence Reform Act of 2004 (42 U.S.C. 

11 2000ee–1), jointly develop, submit to Congress, and 

12 make available to the public interim guidelines relat13 ing to privacy and civil liberties which shall govern 

14 the receipt, retention, use, and dissemination of cyber 

15 threat indicators by a Federal entity obtained in con16 nection with activities authorized in this title. 

17 (2) FINAL GUIDELINES.— 

18 (A) IN GENERAL.—Not later than 180 days 

19 after the date of the enactment of this Act, the 

20 Attorney General and the Secretary of Homeland 

21 Security shall, in coordination with heads of the 

22 appropriate Federal entities and in consultation 

23 with officers designated under section 1062 of the 

24 National Security Intelligence Reform Act of 

25 2004 (42 U.S.C. 2000ee–1) and such private en-
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1 tities with industry expertise as the Attorney 

2 General and the Secretary consider relevant, 

3 jointly issue and make publicly available final 

4 guidelines relating to privacy and civil liberties 

5 which shall govern the receipt, retention, use, 

6 and dissemination of cyber threat indicators by 

7 a Federal entity obtained in connection with ac8 tivities authorized in this title. 

9 (B) PERIODIC REVIEW.—The Attorney Gen10 eral and the Secretary of Homeland Security 

11 shall, in coordination with heads of the appro12 priate Federal entities and in consultation with 

13 officers and private entities described in sub14 paragraph (A), periodically, but not less fre15 quently than once every 2 years, jointly review 

16 the guidelines issued under subparagraph (A). 

17 (3) CONTENT.—The guidelines required by para18 graphs (1) and (2) shall, consistent with the need to 

19 protect information systems from cybersecurity 

20 threats and mitigate cybersecurity threats— 

21 (A) limit the effect on privacy and civil lib22 erties of activities by the Federal Government 

23 under this title; 

24 (B) limit the receipt, retention, use, and 

25 dissemination of cyber threat indicators con-
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1 taining personal information of specific individ2 uals or information that identifies specific indi3 viduals, including by establishing— 

4 (i) a process for the timely destruction 

5 of such information that is known not to be 

6 directly related to uses authorized under 

7 this title; and 

8 (ii) specific limitations on the length of 

9 any period in which a cyber threat indi10 cator may be retained; 

11 (C) include requirements to safeguard cyber 

12 threat indicators containing personal informa13 tion of specific individuals or information that 

14 identifies specific individuals from unauthorized 

15 access or acquisition, including appropriate 

16 sanctions for activities by officers, employees, or 

17 agents of the Federal Government in contraven18 tion of such guidelines; 

19 (D) consistent with this title, any other ap20 plicable provisions of law, and the fair informa21 tion practice principles set forth in appendix A 

22 of the document entitled ‘‘National Strategy for 

23 Trusted Identities in Cyberspace’’ and published 

24 by the President in April 2011, govern the reten25 tion, use, and dissemination by the Federal Gov-
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1 ernment of cyber threat indicators shared with 

2 the Federal Government under this title, includ3 ing the extent, if any, to which such cyber threat 

4 indicators may be used by the Federal Govern5 ment; 

6 (E) include procedures for notifying entities 

7 and Federal entities if information received pur8 suant to this section is known or determined by 

9 a Federal entity receiving such information not 

10 to constitute a cyber threat indicator; 

11 (F) protect the confidentiality of cyber 

12 threat indicators containing personal informa13 tion of specific individuals or information that 

14 identifies specific individuals to the greatest ex15 tent practicable and require recipients to be in16 formed that such indicators may only be used for 

17 purposes authorized under this title; and 

18 (G) include steps that may be needed so 

19 that dissemination of cyber threat indicators is 

20 consistent with the protection of classified and 

21 other sensitive national security information. 

22 (c) CAPABILITY AND PROCESS WITHIN THE DEPART23 MENT OF HOMELAND SECURITY.— 

24 (1) IN GENERAL.—Not later than 90 days after 

25 the date of the enactment of this Act, the Secretary of 
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1 Homeland Security, in coordination with the heads of 

2 the appropriate Federal entities, shall develop and 

3 implement a capability and process within the De4 partment of Homeland Security that— 

5 (A) shall accept from any non-Federal enti6 ty in real time cyber threat indicators and de7 fensive measures, pursuant to this section; 

8 (B) shall, upon submittal of the certifi9 cation under paragraph (2) that such capability 

10 and process fully and effectively operates as de11 scribed in such paragraph, be the process by 

12 which the Federal Government receives cyber 

13 threat indicators and defensive measures under 

14 this title that are shared by a non-Federal entity 

15 with the Federal Government through electronic 

16 mail or media, an interactive form on an Inter17 net website, or a real time, automated process be18 tween information systems except— 

19 (i) consistent with section 104, commu20 nications between a Federal entity and a 

21 non-Federal entity regarding a previously 

22 shared cyber threat indicator to describe the 

23 relevant cybersecurity threat or develop a 

24 defensive measure based on such cyber 

25 threat indicator; and 
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1 (ii) communications by a regulated 

2 non-Federal entity with such entity’s Fed3 eral regulatory authority regarding a cyber4 security threat; 

5 (C) ensures that all of the appropriate Fed6 eral entities receive in an automated manner 

7 such cyber threat indicators and defensive meas8 ures shared through the real-time process within 

9 the Department of Homeland Security; 

10 (D) is in compliance with the policies, pro11 cedures, and guidelines required by this section; 

12 and 

13 (E) does not limit or prohibit otherwise 

14 lawful disclosures of communications, records, or 

15 other information, including— 

16 (i) reporting of known or suspected 

17 criminal activity, by a non-Federal entity 

18 to any other non-Federal entity or a Fed19 eral entity, including cyber threat indica20 tors or defensive measures shared with a 

21 Federal entity in furtherance of opening a 

22 Federal law enforcement investigation; 

23 (ii) voluntary or legally compelled par24 ticipation in a Federal investigation; and 
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1 (iii) providing cyber threat indicators 

2 or defensive measures as part of a statutory 

3 or authorized contractual requirement. 

4 (2) CERTIFICATION AND DESIGNATION.— 

5 (A) CERTIFICATION OF CAPABILITY AND

6 PROCESS.—Not later than 90 days after the date 

7 of the enactment of this Act, the Secretary of 

8 Homeland Security shall, in consultation with 

9 the heads of the appropriate Federal entities, 

10 submit to Congress a certification as to whether 

11 the capability and process required by para12 graph (1) fully and effectively operates— 

13 (i) as the process by which the Federal 

14 Government receives from any non-Federal 

15 entity a cyber threat indicator or defensive 

16 measure under this title; and 

17 (ii) in accordance with the interim 

18 policies, procedures, and guidelines devel19 oped under this title. 

20 (B) DESIGNATION.— 

21 (i) IN GENERAL.—At any time after 

22 certification is submitted under subpara23 graph (A), the President may designate an 

24 appropriate Federal entity, other than the 

25 Department of Defense (including the Na-
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1 tional Security Agency), to develop and im2 plement a capability and process as de3 scribed in paragraph (1) in addition to the 

4 capability and process developed under such 

5 paragraph by the Secretary of Homeland 

6 Security, if, not fewer than 30 days before 

7 making such designation, the President sub8 mits to Congress a certification and expla9 nation that— 

10 (I) such designation is necessary 

11 to ensure that full, effective, and secure 

12 operation of a capability and process 

13 for the Federal Government to receive 

14 from any non-Federal entity cyber 

15 threat indicators or defensive measures 

16 under this title; 

17 (II) the designated appropriate 

18 Federal entity will receive and share 

19 cyber threat indicators and defensive 

20 measures in accordance with the poli21 cies, procedures, and guidelines devel22 oped under this title, including sub23 section (a)(3)(A); and 

24 (III) such designation is con25 sistent with the mission of such appro-
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1 priate Federal entity and improves the 

2 ability of the Federal Government to 

3 receive, share, and use cyber threat in4 dicators and defensive measures as au5 thorized under this title. 

6 (ii) APPLICATION TO ADDITIONAL CA7 PABILITY AND PROCESS.—If the President 

8 designates an appropriate Federal entity to 

9 develop and implement a capability and 

10 process under clause (i), the provisions of 

11 this title that apply to the capability and 

12 process required by paragraph (1) shall also 

13 be construed to apply to the capability and 

14 process developed and implemented under 

15 clause (i). 

16 (3) PUBLIC NOTICE AND ACCESS.—The Secretary 

17 of Homeland Security shall ensure there is public no18 tice of, and access to, the capability and process devel19 oped and implemented under paragraph (1) so that— 

20 (A) any non-Federal entity may share cyber 

21 threat indicators and defensive measures through 

22 such process with the Federal Government; and 

23 (B) all of the appropriate Federal entities 

24 receive such cyber threat indicators and defensive 

25 measures in real time with receipt through the 
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1 process within the Department of Homeland Se2 curity consistent with the policies and proce3 dures issued under subsection (a). 

4 (4) OTHER FEDERAL ENTITIES.—The process de5 veloped and implemented under paragraph (1) shall 

6 ensure that other Federal entities receive in a timely 

7 manner any cyber threat indicators and defensive 

8 measures shared with the Federal Government 

9 through such process. 

10 (d) INFORMATION SHARED WITH OR PROVIDED TO

11 THE FEDERAL GOVERNMENT.— 

12 (1) NO WAIVER OF PRIVILEGE OR PROTEC13 TION.—The provision of cyber threat indicators and 

14 defensive measures to the Federal Government under 

15 this title shall not constitute a waiver of any applica16 ble privilege or protection provided by law, including 

17 trade secret protection. 

18 (2) PROPRIETARY INFORMATION.—Consistent 

19 with section 104(c)(2) and any other applicable pro20 vision of law, a cyber threat indicator or defensive 

21 measure provided by a non-Federal entity to the Fed22 eral Government under this title shall be considered 

23 the commercial, financial, and proprietary informa24 tion of such non-Federal entity when so designated by 

25 the originating non-Federal entity or a third party 
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1 acting in accordance with the written authorization 

2 of the originating non-Federal entity. 

3 (3) EXEMPTION FROM DISCLOSURE.—A cyber 

4 threat indicator or defensive measure shared with the 

5 Federal Government under this title shall be— 

6 (A) deemed voluntarily shared information 

7 and exempt from disclosure under section 552 of 

8 title 5, United States Code, and any State, trib9 al, or local provision of law requiring disclosure 

10 of information or records; and 

11 (B) withheld, without discretion, from the 

12 public under section 552(b)(3)(B) of title 5, 

13 United States Code, and any State, tribal, or 

14 local provision of law requiring disclosure of in15 formation or records. 

16 (4) EX PARTE COMMUNICATIONS.—The provision 

17 of a cyber threat indicator or defensive measure to the 

18 Federal Government under this title shall not be sub19 ject to a rule of any Federal agency or department or 

20 any judicial doctrine regarding ex parte communica21 tions with a decision-making official. 

22 (5) DISCLOSURE, RETENTION, AND USE.— 

23 (A) AUTHORIZED ACTIVITIES.—Cyber 

24 threat indicators and defensive measures pro25 vided to the Federal Government under this title 
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1 may be disclosed to, retained by, and used by, 

2 consistent with otherwise applicable provisions of 

3 Federal law, any Federal agency or department, 

4 component, officer, employee, or agent of the Fed5 eral Government solely for— 

6 (i) a cybersecurity purpose; 

7 (ii) the purpose of identifying— 

8 (I) a cybersecurity threat, includ9 ing the source of such cybersecurity 

10 threat; or 

11 (II) a security vulnerability; 

12 (iii) the purpose of responding to, or 

13 otherwise preventing or mitigating, a spe14 cific threat of death, a specific threat of se15 rious bodily harm, or a specific threat of se16 rious economic harm, including a terrorist 

17 act or a use of a weapon of mass destruc18 tion; 

19 (iv) the purpose of responding to, in20 vestigating, prosecuting, or otherwise pre21 venting or mitigating, a serious threat to a 

22 minor, including sexual exploitation and 

23 threats to physical safety; or 

24 (v) the purpose of preventing, inves25 tigating, disrupting, or prosecuting an of-
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1 fense arising out of a threat described in 

2 clause (iii) or any of the offenses listed in— 

3 (I) sections 1028 through 1030 of 

4 title 18, United States Code (relating 

5 to fraud and identity theft); 

6 (II) chapter 37 of such title (relat7 ing to espionage and censorship); and 

8 (III) chapter 90 of such title (re9 lating to protection of trade secrets). 

10 (B) PROHIBITED ACTIVITIES.—Cyber threat 

11 indicators and defensive measures provided to 

12 the Federal Government under this title shall not 

13 be disclosed to, retained by, or used by any Fed14 eral agency or department for any use not per15 mitted under subparagraph (A). 

16 (C) PRIVACY AND CIVIL LIBERTIES.—Cyber 

17 threat indicators and defensive measures pro18 vided to the Federal Government under this title 

19 shall be retained, used, and disseminated by the 

20 Federal Government— 

21 (i) in accordance with the policies, 

22 procedures, and guidelines required by sub23 sections (a) and (b); 
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1 (ii) in a manner that protects from 

2 unauthorized use or disclosure any cyber 

3 threat indicators that may contain— 

4 (I) personal information of a spe5 cific individual; or 

6 (II) information that identifies a 

7 specific individual; and 

8 (iii) in a manner that protects the con9 fidentiality of cyber threat indicators con10 taining— 

11 (I) personal information of a spe12 cific individual; or 

13 (II) information that identifies a 

14 specific individual. 

15 (D) FEDERAL REGULATORY AUTHORITY.— 

16 (i) IN GENERAL.—Except as provided 

17 in clause (ii), cyber threat indicators and 

18 defensive measures provided to the Federal 

19 Government under this title shall not be 

20 used by any Federal, State, tribal, or local 

21 government to regulate, including an en22 forcement action, the lawful activities of 

23 any non-Federal entity or any activities 

24 taken by a non-Federal entity pursuant to 

25 mandatory standards, including activities 
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1 relating to monitoring, operating defensive 

2 measures, or sharing cyber threat indica3 tors. 

4 (ii) EXCEPTIONS.— 

5 (I) REGULATORY AUTHORITY SPE6 CIFICALLY RELATING TO PREVENTION

7 OR MITIGATION OF CYBERSECURITY

8 THREATS.—Cyber threat indicators 

9 and defensive measures provided to the 

10 Federal Government under this title 

11 may, consistent with Federal or State 

12 regulatory authority specifically relat13 ing to the prevention or mitigation of 

14 cybersecurity threats to information 

15 systems, inform the development or im16 plementation of regulations relating to 

17 such information systems. 

18 (II) PROCEDURES DEVELOPED

19 AND IMPLEMENTED UNDER THIS

20 TITLE.—Clause (i) shall not apply to 

21 procedures developed and implemented 

22 under this title. 

23 SEC. 106. PROTECTION FROM LIABILITY. 

24 (a) MONITORING OF INFORMATION SYSTEMS.—No 

25 cause of action shall lie or be maintained in any court 
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1 against any private entity, and such action shall be 

2 promptly dismissed, for the monitoring of an information 

3 system and information under section 104(a) that is con4 ducted in accordance with this title. 

5 (b) SHARING OR RECEIPT OF CYBER THREAT INDICA6 TORS.—No cause of action shall lie or be maintained in 

7 any court against any private entity, and such action shall 

8 be promptly dismissed, for the sharing or receipt of a cyber 

9 threat indicator or defensive measure under section 104(c) 

10 if— 

11 (1) such sharing or receipt is conducted in ac12 cordance with this title; and 

13 (2) in a case in which a cyber threat indicator 

14 or defensive measure is shared with the Federal Gov15 ernment, the cyber threat indicator or defensive meas16 ure is shared in a manner that is consistent with sec17 tion 105(c)(1)(B) and the sharing or receipt, as the 

18 case may be, occurs after the earlier of— 

19 (A) the date on which the interim policies 

20 and procedures are submitted to Congress under 

21 section 105(a)(1) and guidelines are submitted to 

22 Congress under section 105(b)(1); or 

23 (B) the date that is 60 days after the date 

24 of the enactment of this Act. 
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1 (c) CONSTRUCTION.—Nothing in this title shall be con2 strued— 

3 (1) to create— 

4 (A) a duty to share a cyber threat indicator 

5 or defensive measure; or 

6 (B) a duty to warn or act based on the re7 ceipt of a cyber threat indicator or defensive 

8 measure; or 

9 (2) to undermine or limit the availability of oth10 erwise applicable common law or statutory defenses. 

11 SEC. 107. OVERSIGHT OF GOVERNMENT ACTIVITIES. 

12 (a) REPORT ON IMPLEMENTATION.— 

13 (1) IN GENERAL.—Not later than 1 year after 

14 the date of the enactment of this title, the heads of the 

15 appropriate Federal entities shall jointly submit to 

16 Congress a detailed report concerning the implemen17 tation of this title. 

18 (2) CONTENTS.—The report required by para19 graph (1) may include such recommendations as the 

20 heads of the appropriate Federal entities may have 

21 for improvements or modifications to the authorities, 

22 policies, procedures, and guidelines under this title 

23 and shall include the following: 

24 (A) An evaluation of the effectiveness of 

25 real-time information sharing through the capa-
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1 bility and process developed under section 

2 105(c), including any impediments to such real3 time sharing. 

4 (B) An assessment of whether cyber threat 

5 indicators or defensive measures have been prop6 erly classified and an accounting of the number 

7 of security clearances authorized by the Federal 

8 Government for the purpose of sharing cyber 

9 threat indicators or defensive measures with the 

10 private sector. 

11 (C) The number of cyber threat indicators 

12 or defensive measures received through the capa13 bility and process developed under section 

14 105(c). 

15 (D) A list of Federal entities that have re16 ceived cyber threat indicators or defensive meas17 ures under this title. 

18 (b) BIENNIAL REPORT ON COMPLIANCE.— 

19 (1) IN GENERAL.—Not later than 2 years after 

20 the date of the enactment of this Act and not less fre21 quently than once every 2 years thereafter, the inspec22 tors general of the appropriate Federal entities, in 

23 consultation with the Inspector General of the Intel24 ligence Community and the Council of Inspectors 

25 General on Financial Oversight, shall jointly submit 
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1 to Congress an interagency report on the actions of 

2 the executive branch of the Federal Government to 

3 carry out this title during the most recent 2-year pe4 riod. 

5 (2) CONTENTS.—Each report submitted under 

6 paragraph (1) shall include, for the period covered by 

7 the report, the following: 

8 (A) An assessment of the sufficiency of the 

9 policies, procedures, and guidelines relating to 

10 the sharing of cyber threat indicators within the 

11 Federal Government, including those policies, 

12 procedures, and guidelines relating to the re13 moval of information not directly related to a 

14 cybersecurity threat that is personal information 

15 of a specific individual or information that iden16 tifies a specific individual. 

17 (B) An assessment of whether cyber threat 

18 indicators or defensive measures have been prop19 erly classified and an accounting of the number 

20 of security clearances authorized by the Federal 

21 Government for the purpose of sharing cyber 

22 threat indicators or defensive measures with the 

23 private sector. 

24 (C) A review of the actions taken by the 

25 Federal Government based on cyber threat indi-
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1 cators or defensive measures shared with the Fed2 eral Government under this title, including a re3 view of the following: 

4 (i) The appropriateness of subsequent 

5 uses and disseminations of cyber threat in6 dicators or defensive measures. 

7 (ii) Whether cyber threat indicators or 

8 defensive measures were shared in a timely 

9 and adequate manner with appropriate en10 tities, or, if appropriate, were made pub11 licly available. 

12 (D) An assessment of the cyber threat indi13 cators or defensive measures shared with the ap14 propriate Federal entities under this title, in15 cluding the following: 

16 (i) The number of cyber threat indica17 tors or defensive measures shared through 

18 the capability and process developed under 

19 section 105(c). 

20 (ii) An assessment of any information 

21 not directly related to a cybersecurity threat 

22 that is personal information of a specific 

23 individual or information identifying a 

24 specific individual and was shared by a 

25 non-Federal government entity with the 
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1 Federal government in contravention of this 

2 title, or was shared within the Federal Gov3 ernment in contravention of the guidelines 

4 required by this title, including a descrip5 tion of any significant violation of this 

6 title. 

7 (iii) The number of times, according to 

8 the Attorney General, that information 

9 shared under this title was used by a Fed10 eral entity to prosecute an offense listed in 

11 section 105(d)(5)(A). 

12 (iv) A quantitative and qualitative as13 sessment of the effect of the sharing of cyber 

14 threat indicators or defensive measures with 

15 the Federal Government on privacy and 

16 civil liberties of specific individuals, includ17 ing the number of notices that were issued 

18 with respect to a failure to remove informa19 tion not directly related to a cybersecurity 

20 threat that was personal information of a 

21 specific individual or information that 

22 identified a specific individual in accord23 ance with the procedures required by section 

24 105(b)(3)(E). 
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1 (v) The adequacy of any steps taken by 

2 the Federal Government to reduce any ad3 verse effect from activities carried out under 

4 this title on the privacy and civil liberties 

5 of United States persons. 

6 (E) An assessment of the sharing of cyber 

7 threat indicators or defensive measures among 

8 Federal entities to identify inappropriate bar9 riers to sharing information. 

10 (3) RECOMMENDATIONS.—Each report submitted 

11 under this subsection may include such recommenda12 tions as the inspectors general may have for improve13 ments or modifications to the authorities and proc14 esses under this title. 

15 (c) INDEPENDENT REPORT ON REMOVAL OF PER16 SONAL INFORMATION.—Not later than 3 years after the date 

17 of the enactment of this Act, the Comptroller General of the 

18 United States shall submit to Congress a report on the ac19 tions taken by the Federal Government to remove personal 

20 information from cyber threat indicators or defensive meas21 ures pursuant to this title. Such report shall include an 

22 assessment of the sufficiency of the policies, procedures, and 

23 guidelines established under this title in addressing con24 cerns relating to privacy and civil liberties. 
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1 (d) FORM OF REPORTS.—Each report required under 

2 this section shall be submitted in an unclassified form, but 

3 may include a classified annex. 

4 (e) PUBLIC AVAILABILITY OF REPORTS.—The unclas5 sified portions of the reports required under this section 

6 shall be made available to the public. 

7 SEC. 108. CONSTRUCTION AND PREEMPTION. 

8 (a) OTHERWISE LAWFUL DISCLOSURES.—Nothing in 

9 this title shall be construed— 

10 (1) to limit or prohibit otherwise lawful disclo11 sures of communications, records, or other informa12 tion, including reporting of known or suspected 

13 criminal activity, by a non-Federal entity to any 

14 other non-Federal entity or the Federal Government 

15 under this title; or 

16 (2) to limit or prohibit otherwise lawful use of 

17 such disclosures by any Federal entity, even when 

18 such otherwise lawful disclosures duplicate or rep19 licate disclosures made under this title. 

20 (b) WHISTLE BLOWER PROTECTIONS.—Nothing in 

21 this title shall be construed to prohibit or limit the disclo22 sure of information protected under section 2302(b)(8) of 

23 title 5, United States Code (governing disclosures of ille24 gality, waste, fraud, abuse, or public health or safety 

25 threats), section 7211 of title 5, United States Code (gov-
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1 erning disclosures to Congress), section 1034 of title 10, 

2 United States Code (governing disclosure to Congress by 

3 members of the military), section 1104 of the National Secu4 rity Act of 1947 (50 U.S.C. 3234) (governing disclosure by 

5 employees of elements of the intelligence community), or 

6 any similar provision of Federal or State law. 

7 (c) PROTECTION OF SOURCES AND METHODS.—Noth8 ing in this title shall be construed— 

9 (1) as creating any immunity against, or other10 wise affecting, any action brought by the Federal 

11 Government, or any agency or department thereof, to 

12 enforce any law, executive order, or procedure gov13 erning the appropriate handling, disclosure, or use of 

14 classified information; 

15 (2) to affect the conduct of authorized law en16 forcement or intelligence activities; or 

17 (3) to modify the authority of a department or 

18 agency of the Federal Government to protect classified 

19 information and sources and methods and the na20 tional security of the United States. 

21 (d) RELATIONSHIP TO OTHER LAWS.—Nothing in this 

22 title shall be construed to affect any requirement under any 

23 other provision of law for a non-Federal entity to provide 

24 information to the Federal Government. 
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1 (e) PROHIBITED CONDUCT.—Nothing in this title shall 

2 be construed to permit price-fixing, allocating a market be3 tween competitors, monopolizing or attempting to monopo4 lize a market, boycotting, or exchanges of price or cost infor5 mation, customer lists, or information regarding future 

6 competitive planning. 

7 (f) INFORMATION SHARING RELATIONSHIPS.—Nothing 

8 in this title shall be construed— 

9 (1) to limit or modify an existing information 

10 sharing relationship; 

11 (2) to prohibit a new information sharing rela12 tionship; 

13 (3) to require a new information sharing rela14 tionship between any non-Federal entity and a Fed15 eral entity or another non-Federal entity; or 

16 (4) to require the use of the capability and proc17 ess within the Department of Homeland Security de18 veloped under section 105(c). 

19 (g) PRESERVATION OF CONTRACTUAL OBLIGATIONS

20 AND RIGHTS.—Nothing in this title shall be construed— 

21 (1) to amend, repeal, or supersede any current or 

22 future contractual agreement, terms of service agree23 ment, or other contractual relationship between any 

24 non-Federal entities, or between any non-Federal en25 tity and a Federal entity; or 
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1 (2) to abrogate trade secret or intellectual prop2 erty rights of any non-Federal entity or Federal enti3 ty. 

4 (h) ANTI-TASKING RESTRICTION.—Nothing in this 

5 title shall be construed to permit a Federal entity— 

6 (1) to require a non-Federal entity to provide in7 formation to a Federal entity or another non-Federal 

8 entity; 

9 (2) to condition the sharing of cyber threat indi10 cators with a non-Federal entity on such entity’s pro11 vision of cyber threat indicators to a Federal entity 

12 or another non-Federal entity; or 

13 (3) to condition the award of any Federal grant, 

14 contract, or purchase on the provision of a cyber 

15 threat indicator to a Federal entity or another non16 Federal entity. 

17 (i) NO LIABILITY FOR NON-PARTICIPATION.—Nothing 

18 in this title shall be construed to subject any entity to liabil19 ity for choosing not to engage in the voluntary activities 

20 authorized in this title. 

21 (j) USE AND RETENTION OF INFORMATION.—Nothing 

22 in this title shall be construed to authorize, or to modify 

23 any existing authority of, a department or agency of the 

24 Federal Government to retain or use any information 
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1 shared under this title for any use other than permitted 

2 in this title. 

3 (k) FEDERAL PREEMPTION.— 

4 (1) IN GENERAL.—This title supersedes any stat5 ute or other provision of law of a State or political 

6 subdivision of a State that restricts or otherwise ex7 pressly regulates an activity authorized under this 

8 title. 

9 (2) STATE LAW ENFORCEMENT.—Nothing in this 

10 title shall be construed to supersede any statute or 

11 other provision of law of a State or political subdivi12 sion of a State concerning the use of authorized law 

13 enforcement practices and procedures. 

14 (l) REGULATORY AUTHORITY.—Nothing in this title 

15 shall be construed— 

16 (1) to authorize the promulgation of any regula17 tions not specifically authorized to be issued under 

18 this title; 

19 (2) to establish or limit any regulatory authority 

20 not specifically established or limited under this title; 

21 or 

22 (3) to authorize regulatory actions that would 

23 duplicate or conflict with regulatory requirements, 

24 mandatory standards, or related processes under an25 other provision of Federal law. 
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1 (m) AUTHORITY OF SECRETARY OF DEFENSE TO RE2 SPOND TO MALICIOUS CYBER ACTIVITY CARRIED OUT BY

3 FOREIGN POWERS.—Nothing in this title shall be construed 

4 to limit the authority of the Secretary of Defense under sec5 tion 130g of title 10, United States Code. 

6 (n) CRIMINAL PROSECUTION.—Nothing in this title 

7 shall be construed to prevent the disclosure of a cyber threat 

8 indicator or defensive measure shared under this title in 

9 a case of criminal prosecution, when an applicable provi10 sion of Federal, State, tribal, or local law requires disclo11 sure in such case. 

12 SEC. 109. REPORT ON CYBERSECURITY THREATS. 

13 (a) REPORT REQUIRED.—Not later than 180 days 

14 after the date of the enactment of this Act, the Director of 

15 National Intelligence, in coordination with the heads of 

16 other appropriate elements of the intelligence community, 

17 shall submit to the Select Committee on Intelligence of the 

18 Senate and the Permanent Select Committee on Intelligence 

19 of the House of Representatives a report on cybersecurity 

20 threats, including cyber attacks, theft, and data breaches. 

21 (b) CONTENTS.—The report required by subsection (a) 

22 shall include the following: 

23 (1) An assessment of the current intelligence 

24 sharing and cooperation relationships of the United 

25 States with other countries regarding cybersecurity 
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1 threats, including cyber attacks, theft, and data 

2 breaches, directed against the United States and 

3 which threaten the United States national security 

4 interests and economy and intellectual property, spe5 cifically identifying the relative utility of such rela6 tionships, which elements of the intelligence commu7 nity participate in such relationships, and whether 

8 and how such relationships could be improved. 

9 (2) A list and an assessment of the countries and 

10 nonstate actors that are the primary threats of car11 rying out a cybersecurity threat, including a cyber 

12 attack, theft, or data breach, against the United 

13 States and which threaten the United States national 

14 security, economy, and intellectual property. 

15 (3) A description of the extent to which the capa16 bilities of the United States Government to respond to 

17 or prevent cybersecurity threats, including cyber at18 tacks, theft, or data breaches, directed against the 

19 United States private sector are degraded by a delay 

20 in the prompt notification by private entities of such 

21 threats or cyber attacks, theft, and data breaches. 

22 (4) An assessment of additional technologies or 

23 capabilities that would enhance the ability of the 

24 United States to prevent and to respond to cybersecu-
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1 rity threats, including cyber attacks, theft, and data 

2 breaches. 

3 (5) An assessment of any technologies or prac4 tices utilized by the private sector that could be rap5 idly fielded to assist the intelligence community in 

6 preventing and responding to cybersecurity threats. 

7 (c) FORM OF REPORT.—The report required by sub8 section (a) shall be made available in classified and unclas9 sified forms. 

10 (d) INTELLIGENCE COMMUNITY DEFINED.—In this 

11 section, the term ‘‘intelligence community’’ has the meaning 

12 given that term in section 3 of the National Security Act 

13 of 1947 (50 U.S.C. 3003). 

14 SEC. 110. EXCEPTION TO LIMITATION ON AUTHORITY OF 

15 SECRETARY OF DEFENSE TO DISSEMINATE 

16 CERTAIN INFORMATION. 

17 Notwithstanding subsection (c)(3) of section 393 of 

18 title 10, United States Code, the Secretary of Defense may 

19 authorize the sharing of cyber threat indicators and defen20 sive measures pursuant to the policies, procedures, and 

21 guidelines developed or issued under this title. 

22 SEC. 111. EFFECTIVE PERIOD. 

23 (a) IN GENERAL.—Except as provided in subsection 

24 (b), this title and the amendments made by this title shall 
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1 be effective during the period beginning on the date of the 

2 enactment of this Act and ending on September 30, 2025. 

3 (b) EXCEPTION.—With respect to any action author4 ized by this title or information obtained pursuant to an 

5 action authorized by this title, which occurred before the 

6 date on which the provisions referred to in subsection (a) 

7 cease to have effect, the provisions of this title shall continue 

8 in effect. 

9 TITLE II—NATIONAL 

10 CYBERSECURITY ADVANCEMENT 

11 Subtitle A—National Cybersecurity 

12 and Communications Integra13 tion Center 

14 SEC. 201. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘National Cybersecu16 rity Protection Advancement Act of 2015’’. 

17 SEC. 202. DEFINITIONS. 

18 In this subtitle: 

19 (1) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘‘appropriate congressional commit21 tees’’ means— 

22 (A) the Committee on Homeland Security 

23 and Governmental Affairs of the Senate; and 

24 (B) the Committee on Homeland Security of 

25 the House of Representatives. 
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1 (2) CYBERSECURITY RISK; INCIDENT.—The terms 

2 ‘‘cybersecurity risk’’ and ‘‘incident’’ have the mean3 ings given those terms in section 227 of the Homeland 

4 Security Act of 2002, as so redesignated by section 

5 223(a)(3) of this division. 

6 (3) CYBER THREAT INDICATOR; DEFENSIVE

7 MEASURE.—The terms ‘‘cyber threat indicator’’ and 

8 ‘‘defensive measure’’ have the meanings given those 

9 terms in section 102. 

10 (4) DEPARTMENT.—The term ‘‘Department’’ 

11 means the Department of Homeland Security. 

12 (5) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Homeland Security. 

14 SEC. 203. INFORMATION SHARING STRUCTURE AND PROC15 ESSES. 

16 Section 227 of the Homeland Security Act of 2002, as 

17 so redesignated by section 223(a)(3) of this division, is 

18 amended— 

19 (1) in subsection (a)— 

20 (A) by redesignating paragraphs (3) and 

21 (4) as paragraphs (4) and (5), respectively; 

22 (B) by striking paragraphs (1) and (2) and 

23 inserting the following: 

24 ‘‘(1) the term ‘cybersecurity risk’— 
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1 ‘‘(A) means threats to and vulnerabilities of 

2 information or information systems and any re3 lated consequences caused by or resulting from 

4 unauthorized access, use, disclosure, degradation, 

5 disruption, modification, or destruction of such 

6 information or information systems, including 

7 such related consequences caused by an act of 

8 terrorism; and 

9 ‘‘(B) does not include any action that solely 

10 involves a violation of a consumer term of service 

11 or a consumer licensing agreement; 

12 ‘‘(2) the terms ‘cyber threat indicator’ and ‘de13 fensive measure’ have the meanings given those terms 

14 in section 102 of the Cybersecurity Act of 2015; 

15 ‘‘(3) the term ‘incident’ means an occurrence 

16 that actually or imminently jeopardizes, without law17 ful authority, the integrity, confidentiality, or avail18 ability of information on an information system, or 

19 actually or imminently jeopardizes, without lawful 

20 authority, an information system;’’; 

21 (C) in paragraph (4), as so redesignated, by 

22 striking ‘‘and’’ at the end; 

23 (D) in paragraph (5), as so redesignated, by 

24 striking the period at the end and inserting ‘‘; 

25 and’’; and 
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1 (E) by adding at the end the following: 

2 ‘‘(6) the term ‘sharing’ (including all conjuga3 tions thereof) means providing, receiving, and dis4 seminating (including all conjugations of each of such 

5 terms).’’; 

6 (2) in subsection (c)— 

7 (A) in paragraph (1)— 

8 (i) by inserting ‘‘, including the imple9 mentation of title I of the Cybersecurity Act 

10 of 2015’’ before the semicolon at the end; 

11 and 

12 (ii) by inserting ‘‘cyber threat indica13 tors, defensive measures,’’ before ‘‘cybersecu14 rity risks’’; 

15 (B) in paragraph (3), by striking ‘‘cyberse16 curity risks’’ and inserting ‘‘cyber threat indica17 tors, defensive measures, cybersecurity risks,’’; 

18 (C) in paragraph (5)(A), by striking ‘‘cy19 bersecurity risks’’ and inserting ‘‘cyber threat in20 dicators, defensive measures, cybersecurity 

21 risks,’’; 

22 (D) in paragraph (6)— 

23 (i) by striking ‘‘cybersecurity risks’’ 

24 and inserting ‘‘cyber threat indicators, de25 fensive measures, cybersecurity risks,’’; and 
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1 (ii) by striking ‘‘and’’ at the end; 

2 (E) in paragraph (7)— 

3 (i) in subparagraph (A), by striking 

4 ‘‘and’’ at the end; 

5 (ii) in subparagraph (B), by striking 

6 the period at the end and inserting ‘‘; and’’; 

7 and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(C) sharing cyber threat indicators and de11 fensive measures;’’; and 

12 (F) by adding at the end the following: 

13 ‘‘(8) engaging with international partners, in 

14 consultation with other appropriate agencies, to— 

15 ‘‘(A) collaborate on cyber threat indicators, 

16 defensive measures, and information related to 

17 cybersecurity risks and incidents; and 

18 ‘‘(B) enhance the security and resilience of 

19 global cybersecurity; 

20 ‘‘(9) sharing cyber threat indicators, defensive 

21 measures, and other information related to cybersecu22 rity risks and incidents with Federal and non-Fed23 eral entities, including across sectors of critical infra24 structure and with State and major urban area fu25 sion centers, as appropriate; 
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1 ‘‘(10) participating, as appropriate, in national 

2 exercises run by the Department; and 

3 ‘‘(11) in coordination with the Office of Emer4 gency Communications of the Department, assessing 

5 and evaluating consequence, vulnerability, and threat 

6 information regarding cyber incidents to public safety 

7 communications to help facilitate continuous im8 provements to the security and resiliency of such com9 munications.’’; 

10 (3) in subsection (d)(1)— 

11 (A) in subparagraph (B)— 

12 (i) in clause (i), by striking ‘‘and 

13 local’’ and inserting ‘‘, local, and tribal’’; 

14 (ii) in clause (ii), by striking ‘‘; and’’ 

15 and inserting ‘‘, including information 

16 sharing and analysis centers;’’; 

17 (iii) in clause (iii), by adding ‘‘and’’ 

18 at the end; and 

19 (iv) by adding at the end the following: 

20 ‘‘(iv) private entities;’’. 

21 (B) in subparagraph (D), by striking ‘‘and’’ 

22 at the end; 

23 (C) by redesignating subparagraph (E) as 

24 subparagraph (F); and 
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1 (D) by inserting after subparagraph (D) the 

2 following: 

3 ‘‘(E) an entity that collaborates with State 

4 and local governments on cybersecurity risks and 

5 incidents, and has entered into a voluntary in6 formation sharing relationship with the Center; 

7 and’’; 

8 (4) in subsection (e)— 

9 (A) in paragraph (1)— 

10 (i) in subparagraph (A), by inserting 

11 ‘‘cyber threat indicators, defensive measures, 

12 and’’ before ‘‘information’’; 

13 (ii) in subparagraph (B), by inserting 

14 ‘‘cyber threat indicators, defensive measures, 

15 and’’ before ‘‘information related’’; 

16 (iii) in subparagraph (F)— 

17 (I) by striking ‘‘cybersecurity 

18 risks’’ and inserting ‘‘cyber threat in19 dicators, defensive measures, cybersecu20 rity risks,’’; and 

21 (II) by striking ‘‘and’’ at the end; 

22 (iv) in subparagraph (G), by striking 

23 ‘‘cybersecurity risks and incidents’’ and in24 serting ‘‘cyber threat indicators, defensive 
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1 measures, cybersecurity risks, and incidents; 

2 and’’; and 

3 (v) by adding at the end the following: 

4 ‘‘(H) the Center designates an agency con5 tact for non-Federal entities;’’; 

6 (B) in paragraph (2)— 

7 (i) by striking ‘‘cybersecurity risks’’ 

8 and inserting ‘‘cyber threat indicators, de9 fensive measures, cybersecurity risks,’’; and 

10 (ii) by inserting ‘‘or disclosure’’ after 

11 ‘‘access’’; and 

12 (C) in paragraph (3), by inserting before 

13 the period at the end the following: ‘‘, including 

14 by working with the Privacy Officer appointed 

15 under section 222 to ensure that the Center fol16 lows the policies and procedures specified in sub17 sections (b) and (d)(5)(C) of section 105 of the 

18 Cybersecurity Act of 2015’’; and 

19 (5) by adding at the end the following: 

20 ‘‘(g) AUTOMATED INFORMATION SHARING.— 

21 ‘‘(1) IN GENERAL.—The Under Secretary ap22 pointed under section 103(a)(1)(H), in coordination 

23 with industry and other stakeholders, shall develop 

24 capabilities making use of existing information tech25 nology industry standards and best practices, as ap-
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1 propriate, that support and rapidly advance the de2 velopment, adoption, and implementation of auto3 mated mechanisms for the sharing of cyber threat in4 dicators and defensive measures in accordance with 

5 title I of the Cybersecurity Act of 2015. 

6 ‘‘(2) ANNUAL REPORT.—The Under Secretary 

7 appointed under section 103(a)(1)(H) shall submit to 

8 the Committee on Homeland Security and Govern9 mental Affairs of the Senate and the Committee on 

10 Homeland Security of the House of Representatives 

11 an annual report on the status and progress of the de12 velopment of the capabilities described in paragraph 

13 (1). Such reports shall be required until such capa14 bilities are fully implemented. 

15 ‘‘(h) VOLUNTARY INFORMATION SHARING PROCE16 DURES.— 

17 ‘‘(1) PROCEDURES.— 

18 ‘‘(A) IN GENERAL.—The Center may enter 

19 into a voluntary information sharing relation20 ship with any consenting non-Federal entity for 

21 the sharing of cyber threat indicators and defen22 sive measures for cybersecurity purposes in ac23 cordance with this section. Nothing in this sub24 section may be construed to require any non25 Federal entity to enter into any such informa-
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1 tion sharing relationship with the Center or any 

2 other entity. The Center may terminate a vol3 untary information sharing relationship under 

4 this subsection, at the sole and unreviewable dis5 cretion of the Secretary, acting through the 

6 Under Secretary appointed under section 

7 103(a)(1)(H), for any reason, including if the 

8 Center determines that the non-Federal entity 

9 with which the Center has entered into such a re10 lationship has violated the terms of this sub11 section. 

12 ‘‘(B) NATIONAL SECURITY.—The Secretary 

13 may decline to enter into a voluntary informa14 tion sharing relationship under this subsection, 

15 at the sole and unreviewable discretion of the 

16 Secretary, acting through the Under Secretary 

17 appointed under section 103(a)(1)(H), for any 

18 reason, including if the Secretary determines 

19 that such is appropriate for national security. 

20 ‘‘(2) VOLUNTARY INFORMATION SHARING RELA21 TIONSHIPS.—A voluntary information sharing rela22 tionship under this subsection may be characterized 

23 as an agreement described in this paragraph. 

24 ‘‘(A) STANDARD AGREEMENT.—For the use 

25 of a non-Federal entity, the Center shall make 
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1 available a standard agreement, consistent with 

2 this section, on the Department’s website. 

3 ‘‘(B) NEGOTIATED AGREEMENT.—At the re4 quest of a non-Federal entity, and if determined 

5 appropriate by the Center, at the sole and 

6 unreviewable discretion of the Secretary, acting 

7 through the Under Secretary appointed under 

8 section 103(a)(1)(H), the Department shall nego9 tiate a non-standard agreement, consistent with 

10 this section. 

11 ‘‘(C) EXISTING AGREEMENTS.—An agree12 ment between the Center and a non-Federal enti13 ty that is entered into before the date of enact14 ment of this subsection, or such an agreement 

15 that is in effect before such date, shall be deemed 

16 in compliance with the requirements of this sub17 section, notwithstanding any other provision or 

18 requirement of this subsection. An agreement 

19 under this subsection shall include the relevant 

20 privacy protections as in effect under the Cooper21 ative Research and Development Agreement for 

22 Cybersecurity Information Sharing and Collabo23 ration, as of December 31, 2014. Nothing in this 

24 subsection may be construed to require a non25 Federal entity to enter into either a standard or 
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1 negotiated agreement to be in compliance with 

2 this subsection. 

3 ‘‘(i) DIRECT REPORTING.—The Secretary shall develop 

4 policies and procedures for direct reporting to the Secretary 

5 by the Director of the Center regarding significant cyberse6 curity risks and incidents. 

7 ‘‘(j) REPORTS ON INTERNATIONAL COOPERATION.— 

8 Not later than 180 days after the date of enactment of this 

9 subsection, and periodically thereafter, the Secretary of 

10 Homeland Security shall submit to the Committee on 

11 Homeland Security and Governmental Affairs of the Senate 

12 and the Committee on Homeland Security of the House of 

13 Representatives a report on the range of efforts underway 

14 to bolster cybersecurity collaboration with relevant inter15 national partners in accordance with subsection (c)(8). 

16 ‘‘(k) OUTREACH.—Not later than 60 days after the 

17 date of enactment of this subsection, the Secretary, acting 

18 through the Under Secretary appointed under section 

19 103(a)(1)(H), shall— 

20 ‘‘(1) disseminate to the public information about 

21 how to voluntarily share cyber threat indicators and 

22 defensive measures with the Center; and 

23 ‘‘(2) enhance outreach to critical infrastructure 

24 owners and operators for purposes of such sharing. 
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1 ‘‘(l) COORDINATED VULNERABILITY DISCLOSURE.— 

2 The Secretary, in coordination with industry and other 

3 stakeholders, may develop and adhere to Department poli4 cies and procedures for coordinating vulnerability disclo5 sures.’’. 

6 SEC. 204. INFORMATION SHARING AND ANALYSIS ORGANI7 ZATIONS. 

8 Section 212 of the Homeland Security Act of 2002 (6 

9 U.S.C. 131) is amended— 

10 (1) in paragraph (5)— 

11 (A) in subparagraph (A)— 

12 (i) by inserting ‘‘, including informa13 tion related to cybersecurity risks and inci14 dents,’’ after ‘‘critical infrastructure infor15 mation’’; and 

16 (ii) by inserting ‘‘, including cyberse17 curity risks and incidents,’’ after ‘‘related to 

18 critical infrastructure’’; 

19 (B) in subparagraph (B)— 

20 (i) by inserting ‘‘, including cybersecu21 rity risks and incidents,’’ after ‘‘critical in22 frastructure information’’; and 

23 (ii) by inserting ‘‘, including cyberse24 curity risks and incidents,’’ after ‘‘related to 

25 critical infrastructure’’; and 
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1 (C) in subparagraph (C), by inserting ‘‘, 

2 including cybersecurity risks and incidents,’’ 

3 after ‘‘critical infrastructure information’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(8) CYBERSECURITY RISK; INCIDENT.—The 

6 terms ‘cybersecurity risk’ and ‘incident’ have the 

7 meanings given those terms in section 227.’’. 

8 SEC. 205. NATIONAL RESPONSE FRAMEWORK. 

9 Section 228 of the Homeland Security Act of 2002, as 

10 added by section 223(a)(4) of this division, is amended by 

11 adding at the end the following: 

12 ‘‘(d) NATIONAL RESPONSE FRAMEWORK.—The Sec13 retary, in coordination with the heads of other appropriate 

14 Federal departments and agencies, and in accordance with 

15 the National Cybersecurity Incident Response Plan re16 quired under subsection (c), shall regularly update, main17 tain, and exercise the Cyber Incident Annex to the National 

18 Response Framework of the Department.’’. 

19 SEC. 206. REPORT ON REDUCING CYBERSECURITY RISKS IN 

20 DHS DATA CENTERS. 

21 Not later than 1 year after the date of the enactment 

22 of this Act, the Secretary shall submit to the appropriate 

23 congressional committees a report on the feasibility of the 

24 Department creating an environment for the reduction in 

25 cybersecurity risks in Department data centers, including 
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1 by increasing compartmentalization between systems, and 

2 providing a mix of security controls between such compart3 ments. 

4 SEC. 207. ASSESSMENT. 

5 Not later than 2 years after the date of enactment of 

6 this Act, the Comptroller General of the United States shall 

7 submit to the appropriate congressional committees a report 

8 that includes— 

9 (1) an assessment of the implementation by the 

10 Secretary of this title and the amendments made by 

11 this title; and 

12 (2) to the extent practicable, findings regarding 

13 increases in the sharing of cyber threat indicators, de14 fensive measures, and information relating to cyberse15 curity risks and incidents at the center established 

16 under section 227 of the Homeland Security Act of 

17 2002, as redesignated by section 223(a) of this divi18 sion, and throughout the United States. 

19 SEC. 208. MULTIPLE SIMULTANEOUS CYBER INCIDENTS AT 

20 CRITICAL INFRASTRUCTURE. 

21 Not later than 1 year after the date of enactment of 

22 this Act, the Under Secretary appointed under section 

23 103(a)(1)(H) of the Homeland Security Act of 2002 (6 

24 U.S.C. 113(a)(1)(H)) shall provide information to the ap25 propriate congressional committees on the feasibility of pro-
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1 ducing a risk-informed plan to address the risk of multiple 

2 simultaneous cyber incidents affecting critical infrastruc3 ture, including cyber incidents that may have a cascading 

4 effect on other critical infrastructure. 

5 SEC. 209. REPORT ON CYBERSECURITY VULNERABILITIES 

6 OF UNITED STATES PORTS. 

7 Not later than 180 days after the date of enactment 

8 of this Act, the Secretary shall submit to the appropriate 

9 congressional committees, the Committee on Commerce, 

10 Science and Transportation of the Senate, and the Com11 mittee on Transportation and Infrastructure of the House 

12 of Representatives a report on cybersecurity vulnerabilities 

13 for the 10 United States ports that the Secretary determines 

14 are at greatest risk of a cybersecurity incident and provide 

15 recommendations to mitigate such vulnerabilities. 

16 SEC. 210. PROHIBITION ON NEW REGULATORY AUTHORITY. 

17 Nothing in this subtitle or the amendments made by 

18 this subtitle may be construed to grant the Secretary any 

19 authority to promulgate regulations or set standards relat20 ing to the cybersecurity of non-Federal entities, not includ21 ing State, local, and tribal governments, that was not in 

22 effect on the day before the date of enactment of this Act. 
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1 SEC. 211. TERMINATION OF REPORTING REQUIREMENTS. 

2 Any reporting requirements in this subtitle shall ter3 minate on the date that is 7 years after the date of enact4 ment of this Act. 

5 Subtitle B—Federal Cybersecurity 

6 Enhancement 

7 SEC. 221. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Federal Cybersecu9 rity Enhancement Act of 2015’’. 

10 SEC. 222. DEFINITIONS. 

11 In this subtitle: 

12 (1) AGENCY.—The term ‘‘agency’’ has the mean13 ing given the term in section 3502 of title 44, United 

14 States Code. 

15 (2) AGENCY INFORMATION SYSTEM.—The term 

16 ‘‘agency information system’’ has the meaning given 

17 the term in section 228 of the Homeland Security Act 

18 of 2002, as added by section 223(a)(4) of this divi19 sion. 

20 (3) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘‘appropriate congressional commit22 tees’’ means— 

23 (A) the Committee on Homeland Security 

24 and Governmental Affairs of the Senate; and 

25 (B) the Committee on Homeland Security of 

26 the House of Representatives. 
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1 (4) CYBERSECURITY RISK; INFORMATION SYS2 TEM.—The terms ‘‘cybersecurity risk’’ and ‘‘informa3 tion system’’ have the meanings given those terms in 

4 section 227 of the Homeland Security Act of 2002, as 

5 so redesignated by section 223(a)(3) of this division. 

6 (5) DIRECTOR.—The term ‘‘Director’’ means the 

7 Director of the Office of Management and Budget. 

8 (6) INTELLIGENCE COMMUNITY.—The term ‘‘in9 telligence community’’ has the meaning given the 

10 term in section 3(4) of the National Security Act of 

11 1947 (50 U.S.C. 3003(4)). 

12 (7) NATIONAL SECURITY SYSTEM.—The term 

13 ‘‘national security system’’ has the meaning given the 

14 term in section 11103 of title 40, United States Code. 

15 (8) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Homeland Security. 

17 SEC. 223. IMPROVED FEDERAL NETWORK SECURITY. 

18 (a) IN GENERAL.—Subtitle C of title II of the Home19 land Security Act of 2002 (6 U.S.C. 141 et seq.) is amend20 ed— 

21 (1) by redesignating section 228 as section 229; 

22 (2) by redesignating section 227 as subsection (c) 

23 of section 228, as added by paragraph (4), and ad24 justing the margins accordingly; 
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1 (3) by redesignating the second section des2 ignated as section 226 (relating to the national cyber3 security and communications integration center) as 

4 section 227; 

5 (4) by inserting after section 227, as so redesig6 nated, the following: 

7 ‘‘SEC. 228. CYBERSECURITY PLANS. 

8 ‘‘(a) DEFINITIONS.—In this section— 

9 ‘‘(1) the term ‘agency information system’ means 

10 an information system used or operated by an agency 

11 or by another entity on behalf of an agency; 

12 ‘‘(2) the terms ‘cybersecurity risk’ and ‘informa13 tion system’ have the meanings given those terms in 

14 section 227; 

15 ‘‘(3) the term ‘intelligence community’ has the 

16 meaning given the term in section 3(4) of the Na17 tional Security Act of 1947 (50 U.S.C. 3003(4)); and 

18 ‘‘(4) the term ‘national security system’ has the 

19 meaning given the term in section 11103 of title 40, 

20 United States Code. 

21 ‘‘(b) INTRUSION ASSESSMENT PLAN.— 

22 ‘‘(1) REQUIREMENT.—The Secretary, in coordi23 nation with the Director of the Office of Management 

24 and Budget, shall— 
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1 ‘‘(A) develop and implement an intrusion 

2 assessment plan to proactively detect, identify, 

3 and remove intruders in agency information sys4 tems on a routine basis; and 

5 ‘‘(B) update such plan as necessary. 

6 ‘‘(2) EXCEPTION.—The intrusion assessment 

7 plan required under paragraph (1) shall not apply to 

8 the Department of Defense, a national security sys9 tem, or an element of the intelligence community.’’; 

10 (5) in section 228(c), as so redesignated, by 

11 striking ‘‘section 226’’ and inserting ‘‘section 227’’; 

12 and 

13 (6) by inserting after section 229, as so redesig14 nated, the following: 

15 ‘‘SEC. 230. FEDERAL INTRUSION DETECTION AND PREVEN16 TION SYSTEM. 

17 ‘‘(a) DEFINITIONS.—In this section— 

18 ‘‘(1) the term ‘agency’ has the meaning given the 

19 term in section 3502 of title 44, United States Code; 

20 ‘‘(2) the term ‘agency information’ means infor21 mation collected or maintained by or on behalf of an 

22 agency; 

23 ‘‘(3) the term ‘agency information system’ has 

24 the meaning given the term in section 228; and 
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1 ‘‘(4) the terms ‘cybersecurity risk’ and ‘informa2 tion system’ have the meanings given those terms in 

3 section 227. 

4 ‘‘(b) REQUIREMENT.— 

5 ‘‘(1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of this section, the Secretary 

7 shall deploy, operate, and maintain, to make avail8 able for use by any agency, with or without reim9 bursement— 

10 ‘‘(A) a capability to detect cybersecurity 

11 risks in network traffic transiting or traveling to 

12 or from an agency information system; and 

13 ‘‘(B) a capability to prevent network traffic 

14 associated with such cybersecurity risks from 

15 transiting or traveling to or from an agency in16 formation system or modify such network traffic 

17 to remove the cybersecurity risk. 

18 ‘‘(2) REGULAR IMPROVEMENT.—The Secretary 

19 shall regularly deploy new technologies and modify 

20 existing technologies to the intrusion detection and 

21 prevention capabilities described in paragraph (1) as 

22 appropriate to improve the intrusion detection and 

23 prevention capabilities. 

24 ‘‘(c) ACTIVITIES.—In carrying out subsection (b), the 

25 Secretary— 
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1 ‘‘(1) may access, and the head of an agency may 

2 disclose to the Secretary or a private entity providing 

3 assistance to the Secretary under paragraph (2), in4 formation transiting or traveling to or from an agen5 cy information system, regardless of the location from 

6 which the Secretary or a private entity providing as7 sistance to the Secretary under paragraph (2) accesses 

8 such information, notwithstanding any other provi9 sion of law that would otherwise restrict or prevent 

10 the head of an agency from disclosing such informa11 tion to the Secretary or a private entity providing as12 sistance to the Secretary under paragraph (2); 

13 ‘‘(2) may enter into contracts or other agree14 ments with, or otherwise request and obtain the as15 sistance of, private entities to deploy, operate, and 

16 maintain technologies in accordance with subsection 

17 (b); 

18 ‘‘(3) may retain, use, and disclose information 

19 obtained through the conduct of activities authorized 

20 under this section only to protect information and in21 formation systems from cybersecurity risks; 

22 ‘‘(4) shall regularly assess through operational 

23 test and evaluation in real world or simulated envi24 ronments available advanced protective technologies to 

25 improve detection and prevention capabilities, includ-
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1 ing commercial and noncommercial technologies and 

2 detection technologies beyond signature-based detec3 tion, and acquire, test, and deploy such technologies 

4 when appropriate; 

5 ‘‘(5) shall establish a pilot through which the 

6 Secretary may acquire, test, and deploy, as rapidly 

7 as possible, technologies described in paragraph (4); 

8 and 

9 ‘‘(6) shall periodically update the privacy im10 pact assessment required under section 208(b) of the 

11 E-Government Act of 2002 (44 U.S.C. 3501 note). 

12 ‘‘(d) PRINCIPLES.—In carrying out subsection (b), the 

13 Secretary shall ensure that— 

14 ‘‘(1) activities carried out under this section are 

15 reasonably necessary for the purpose of protecting 

16 agency information and agency information systems 

17 from a cybersecurity risk; 

18 ‘‘(2) information accessed by the Secretary will 

19 be retained no longer than reasonably necessary for 

20 the purpose of protecting agency information and 

21 agency information systems from a cybersecurity risk; 

22 ‘‘(3) notice has been provided to users of an 

23 agency information system concerning access to com24 munications of users of the agency information sys-
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1 tem for the purpose of protecting agency information 

2 and the agency information system; and 

3 ‘‘(4) the activities are implemented pursuant to 

4 policies and procedures governing the operation of the 

5 intrusion detection and prevention capabilities. 

6 ‘‘(e) PRIVATE ENTITIES.— 

7 ‘‘(1) CONDITIONS.—A private entity described in 

8 subsection (c)(2) may not— 

9 ‘‘(A) disclose any network traffic transiting 

10 or traveling to or from an agency information 

11 system to any entity other than the Department 

12 or the agency that disclosed the information 

13 under subsection (c)(1), including personal infor14 mation of a specific individual or information 

15 that identifies a specific individual not directly 

16 related to a cybersecurity risk; or 

17 ‘‘(B) use any network traffic transiting or 

18 traveling to or from an agency information sys19 tem to which the private entity gains access in 

20 accordance with this section for any purpose 

21 other than to protect agency information and 

22 agency information systems against cybersecu23 rity risks or to administer a contract or other 

24 agreement entered into pursuant to subsection 
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1 (c)(2) or as part of another contract with the 

2 Secretary. 

3 ‘‘(2) LIMITATION ON LIABILITY.—No cause of ac4 tion shall lie in any court against a private entity 

5 for assistance provided to the Secretary in accordance 

6 with this section and any contract or agreement en7 tered into pursuant to subsection (c)(2). 

8 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

9 paragraph (2) shall be construed to authorize an 

10 Internet service provider to break a user agreement 

11 with a customer without the consent of the customer. 

12 ‘‘(f) PRIVACY OFFICER REVIEW.—Not later than 1 

13 year after the date of enactment of this section, the Privacy 

14 Officer appointed under section 222, in consultation with 

15 the Attorney General, shall review the policies and guide16 lines for the program carried out under this section to en17 sure that the policies and guidelines are consistent with ap18 plicable privacy laws, including those governing the acqui19 sition, interception, retention, use, and disclosure of com20 munications.’’. 

21 (b) AGENCY RESPONSIBILITIES.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2)— 

24 (A) not later than 1 year after the date of 

25 enactment of this Act or 2 months after the date 
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1 on which the Secretary makes available the in2 trusion detection and prevention capabilities 

3 under section 230(b)(1) of the Homeland Secu4 rity Act of 2002, as added by subsection (a), 

5 whichever is later, the head of each agency shall 

6 apply and continue to utilize the capabilities to 

7 all information traveling between an agency in8 formation system and any information system 

9 other than an agency information system; and 

10 (B) not later than 6 months after the date 

11 on which the Secretary makes available improve12 ments to the intrusion detection and prevention 

13 capabilities pursuant to section 230(b)(2) of the 

14 Homeland Security Act of 2002, as added by 

15 subsection (a), the head of each agency shall 

16 apply and continue to utilize the improved in17 trusion detection and prevention capabilities. 

18 (2) EXCEPTION.—The requirements under para19 graph (1) shall not apply to the Department of De20 fense, a national security system, or an element of the 

21 intelligence community. 

22 (3) DEFINITION.—Notwithstanding section 222, 

23 in this subsection, the term ‘‘agency information sys24 tem’’ means an information system owned or operated 

25 by an agency. 
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1 (4) RULE OF CONSTRUCTION.—Nothing in this 

2 subsection shall be construed to limit an agency from 

3 applying the intrusion detection and prevention ca4 pabilities to an information system other than an 

5 agency information system under section 230(b)(1) of 

6 the Homeland Security Act of 2002, as added by sub7 section (a), at the discretion of the head of the agency 

8 or as provided in relevant policies, directives, and 

9 guidelines. 

10 (c) TABLE OF CONTENTS AMENDMENT.—The table of 

11 contents in section 1(b) of the Homeland Security Act of 

12 2002 (6 U.S.C. 101 note) is amended by striking the items 

13 relating to the first section designated as section 226, the 

14 second section designated as section 226 (relating to the na15 tional cybersecurity and communications integration cen16 ter), section 227, and section 228 and inserting the fol17 lowing: 

‘‘Sec. 226. Cybersecurity recruitment and retention. 

‘‘Sec. 227. National cybersecurity and communications integration center. 

‘‘Sec. 228. Cybersecurity plans. 

‘‘Sec. 229. Clearances. 

‘‘Sec. 230. Federal intrusion detection and prevention system.’’. 

18 SEC. 224. ADVANCED INTERNAL DEFENSES. 

19 (a) ADVANCED NETWORK SECURITY TOOLS.— 

20 (1) IN GENERAL.—The Secretary shall include, 

21 in the efforts of the Department to continuously diag22 nose and mitigate cybersecurity risks, advanced net23 work security tools to improve visibility of network 
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1 activity, including through the use of commercial and 

2 free or open source tools, and to detect and mitigate 

3 intrusions and anomalous activity. 

4 (2) DEVELOPMENT OF PLAN.—The Director shall 

5 develop and the Secretary shall implement a plan to 

6 ensure that each agency utilizes advanced network se7 curity tools, including those described in paragraph 

8 (1), to detect and mitigate intrusions and anomalous 

9 activity. 

10 (b) PRIORITIZING ADVANCED SECURITY TOOLS.—The 

11 Director and the Secretary, in consultation with appro12 priate agencies, shall— 

13 (1) review and update Government-wide policies 

14 and programs to ensure appropriate prioritization 

15 and use of network security monitoring tools within 

16 agency networks; and 

17 (2) brief appropriate congressional committees 

18 on such prioritization and use. 

19 (c) IMPROVED METRICS.—The Secretary, in collabora20 tion with the Director, shall review and update the metrics 

21 used to measure security under section 3554 of title 44, 

22 United States Code, to include measures of intrusion and 

23 incident detection and response times. 

24 (d) TRANSPARENCY AND ACCOUNTABILITY.—The Di25 rector, in consultation with the Secretary, shall increase 
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1 transparency to the public on agency cybersecurity posture, 

2 including by increasing the number of metrics available on 

3 Federal Government performance websites and, to the great4 est extent practicable, displaying metrics for department 

5 components, small agencies, and micro-agencies. 

6 (e) MAINTENANCE OF TECHNOLOGIES.—Section 

7 3553(b)(6)(B) of title 44, United States Code, is amended 

8 by inserting ‘‘, operating, and maintaining’’ after ‘‘deploy9 ing’’. 

10 (f) EXCEPTION.—The requirements under this section 

11 shall not apply to the Department of Defense, a national 

12 security system, or an element of the intelligence commu13 nity. 

14 SEC. 225. FEDERAL CYBERSECURITY REQUIREMENTS. 

15 (a) IMPLEMENTATION OF FEDERAL CYBERSECURITY

16 STANDARDS.—Consistent with section 3553 of title 44, 

17 United States Code, the Secretary, in consultation with the 

18 Director, shall exercise the authority to issue binding oper19 ational directives to assist the Director in ensuring timely 

20 agency adoption of and compliance with policies and stand21 ards promulgated under section 11331 of title 40, United 

22 States Code, for securing agency information systems. 

23 (b) CYBERSECURITY REQUIREMENTS AT AGENCIES.— 

24 (1) IN GENERAL.—Consistent with policies, 

25 standards, guidelines, and directives on information 
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1 security under subchapter II of chapter 35 of title 44, 

2 United States Code, and the standards and guidelines 

3 promulgated under section 11331 of title 40, United 

4 States Code, and except as provided in paragraph (2), 

5 not later than 1 year after the date of the enactment 

6 of this Act, the head of each agency shall— 

7 (A) identify sensitive and mission critical 

8 data stored by the agency consistent with the in9 ventory required under the first subsection (c) 

10 (relating to the inventory of major information 

11 systems) and the second subsection (c) (relating 

12 to the inventory of information systems) of sec13 tion 3505 of title 44, United States Code; 

14 (B) assess access controls to the data de15 scribed in subparagraph (A), the need for readily 

16 accessible storage of the data, and individuals’ 

17 need to access the data; 

18 (C) encrypt or otherwise render indecipher19 able to unauthorized users the data described in 

20 subparagraph (A) that is stored on or transiting 

21 agency information systems; 

22 (D) implement a single sign-on trusted 

23 identity platform for individuals accessing each 

24 public website of the agency that requires user 

25 authentication, as developed by the Adminis-
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1 trator of General Services in collaboration with 

2 the Secretary; and 

3 (E) implement identity management con4 sistent with section 504 of the Cybersecurity En5 hancement Act of 2014 (Public Law 113–274; 15 

6 U.S.C. 7464), including multi-factor authentica7 tion, for— 

8 (i) remote access to an agency informa9 tion system; and 

10 (ii) each user account with elevated 

11 privileges on an agency information system. 

12 (2) EXCEPTION.—The requirements under para13 graph (1) shall not apply to an agency information 

14 system for which— 

15 (A) the head of the agency has personally 

16 certified to the Director with particularity 

17 that— 

18 (i) operational requirements articu19 lated in the certification and related to the 

20 agency information system would make it 

21 excessively burdensome to implement the cy22 bersecurity requirement; 

23 (ii) the cybersecurity requirement is 

24 not necessary to secure the agency informa-
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1 tion system or agency information stored on 

2 or transiting it; and 

3 (iii) the agency has taken all necessary 

4 steps to secure the agency information sys5 tem and agency information stored on or 

6 transiting it; and 

7 (B) the head of the agency or the designee 

8 of the head of the agency has submitted the cer9 tification described in subparagraph (A) to the 

10 appropriate congressional committees and the 

11 agency’s authorizing committees. 

12 (3) CONSTRUCTION.—Nothing in this section 

13 shall be construed to alter the authority of the Sec14 retary, the Director, or the Director of the National 

15 Institute of Standards and Technology in imple16 menting subchapter II of chapter 35 of title 44, 

17 United States Code. Nothing in this section shall be 

18 construed to affect the National Institute of Standards 

19 and Technology standards process or the requirement 

20 under section 3553(a)(4) of such title or to discourage 

21 continued improvements and advancements in the 

22 technology, standards, policies, and guidelines used to 

23 promote Federal information security. 

24 (c) EXCEPTION.—The requirements under this section 

25 shall not apply to the Department of Defense, a national 
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1 security system, or an element of the intelligence commu2 nity. 

3 SEC. 226. ASSESSMENT; REPORTS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) AGENCY INFORMATION.—The term ‘‘agency 

6 information’’ has the meaning given the term in sec7 tion 230 of the Homeland Security Act of 2002, as 

8 added by section 223(a)(6) of this division. 

9 (2) CYBER THREAT INDICATOR; DEFENSIVE

10 MEASURE.—The terms ‘‘cyber threat indicator’’ and 

11 ‘‘defensive measure’’ have the meanings given those 

12 terms in section 102. 

13 (3) INTRUSION ASSESSMENTS.—The term ‘‘intru14 sion assessments’’ means actions taken under the in15 trusion assessment plan to identify and remove in16 truders in agency information systems. 

17 (4) INTRUSION ASSESSMENT PLAN.—The term 

18 ‘‘intrusion assessment plan’’ means the plan required 

19 under section 228(b)(1) of the Homeland Security Act 

20 of 2002, as added by section 223(a)(4) of this divi21 sion. 

22 (5) INTRUSION DETECTION AND PREVENTION CA23 PABILITIES.—The term ‘‘intrusion detection and pre24 vention capabilities’’ means the capabilities required 
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1 under section 230(b) of the Homeland Security Act of 

2 2002, as added by section 223(a)(6) of this division. 

3 (b) THIRD-PARTY ASSESSMENT.—Not later than 3 

4 years after the date of enactment of this Act, the Comp5 troller General of the United States shall conduct a study 

6 and publish a report on the effectiveness of the approach 

7 and strategy of the Federal Government to securing agency 

8 information systems, including the intrusion detection and 

9 prevention capabilities and the intrusion assessment plan. 

10 (c) REPORTS TO CONGRESS.— 

11 (1) INTRUSION DETECTION AND PREVENTION CA12 PABILITIES.— 

13 (A) SECRETARY OF HOMELAND SECURITY

14 REPORT.—Not later than 6 months after the date 

15 of enactment of this Act, and annually there16 after, the Secretary shall submit to the appro17 priate congressional committees a report on the 

18 status of implementation of the intrusion detec19 tion and prevention capabilities, including— 

20 (i) a description of privacy controls; 

21 (ii) a description of the technologies 

22 and capabilities utilized to detect cybersecu23 rity risks in network traffic, including the 

24 extent to which those technologies and capa-
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1 bilities include existing commercial and 

2 noncommercial technologies; 

3 (iii) a description of the technologies 

4 and capabilities utilized to prevent network 

5 traffic associated with cybersecurity risks 

6 from transiting or traveling to or from 

7 agency information systems, including the 

8 extent to which those technologies and capa9 bilities include existing commercial and 

10 noncommercial technologies; 

11 (iv) a list of the types of indicators or 

12 other identifiers or techniques used to detect 

13 cybersecurity risks in network traffic 

14 transiting or traveling to or from agency 

15 information systems on each iteration of the 

16 intrusion detection and prevention capabili17 ties and the number of each such type of in18 dicator, identifier, and technique; 

19 (v) the number of instances in which 

20 the intrusion detection and prevention ca21 pabilities detected a cybersecurity risk in 

22 network traffic transiting or traveling to or 

23 from agency information systems and the 

24 number of times the intrusion detection and 
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1 prevention capabilities blocked network traf2 fic associated with cybersecurity risk; and 

3 (vi) a description of the pilot estab4 lished under section 230(c)(5) of the Home5 land Security Act of 2002, as added by sec6 tion 223(a)(6) of this division, including 

7 the number of new technologies tested and 

8 the number of participating agencies. 

9 (B) OMB REPORT.—Not later than 18 

10 months after the date of enactment of this Act, 

11 and annually thereafter, the Director shall sub12 mit to Congress, as part of the report required 

13 under section 3553(c) of title 44, United States 

14 Code, an analysis of agency application of the 

15 intrusion detection and prevention capabilities, 

16 including— 

17 (i) a list of each agency and the degree 

18 to which each agency has applied the intru19 sion detection and prevention capabilities to 

20 an agency information system; and 

21 (ii) a list by agency of— 

22 (I) the number of instances in 

23 which the intrusion detection and pre24 vention capabilities detected a cyberse25 curity risk in network traffic 
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1 transiting or traveling to or from an 

2 agency information system and the 

3 types of indicators, identifiers, and 

4 techniques used to detect such cyberse5 curity risks; and 

6 (II) the number of instances in 

7 which the intrusion detection and pre8 vention capabilities prevented network 

9 traffic associated with a cybersecurity 

10 risk from transiting or traveling to or 

11 from an agency information system 

12 and the types of indicators, identifiers, 

13 and techniques used to detect such 

14 agency information systems. 

15 (C) CHIEF INFORMATION OFFICER.—Not 

16 earlier than 18 months after the date of enact17 ment of this Act and not later than 2 years after 

18 the date of enactment of this Act, the Federal 

19 Chief Information Officer shall review and sub20 mit to the appropriate congressional committees 

21 a report assessing the intrusion detection and in22 trusion prevention capabilities, including— 

23 (i) the effectiveness of the system in de24 tecting, disrupting, and preventing cyber25 threat actors, including advanced persistent 
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1 threats, from accessing agency information 

2 and agency information systems; 

3 (ii) whether the intrusion detection 

4 and prevention capabilities, continuous 

5 diagnostics and mitigation, and other sys6 tems deployed under subtitle D of title II of 

7 the Homeland Security Act of 2002 (6 

8 U.S.C. 231 et seq.) are effective in securing 

9 Federal information systems; 

10 (iii) the costs and benefits of the intru11 sion detection and prevention capabilities, 

12 including as compared to commercial tech13 nologies and tools and including the value 

14 of classified cyber threat indicators; and 

15 (iv) the capability of agencies to pro16 tect sensitive cyber threat indicators and de17 fensive measures if they were shared through 

18 unclassified mechanisms for use in commer19 cial technologies and tools. 

20 (2) OMB REPORT ON DEVELOPMENT AND IMPLE21 MENTATION OF INTRUSION ASSESSMENT PLAN, AD22 VANCED INTERNAL DEFENSES, AND FEDERAL CYBER23 SECURITY REQUIREMENTS.—The Director shall— 

24 (A) not later than 6 months after the date 

25 of enactment of this Act, and 30 days after any 
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1 update thereto, submit the intrusion assessment 

2 plan to the appropriate congressional commit3 tees; 

4 (B) not later than 1 year after the date of 

5 enactment of this Act, and annually thereafter, 

6 submit to Congress, as part of the report re7 quired under section 3553(c) of title 44, United 

8 States Code— 

9 (i) a description of the implementation 

10 of the intrusion assessment plan; 

11 (ii) the findings of the intrusion assess12 ments conducted pursuant to the intrusion 

13 assessment plan; 

14 (iii) a description of the advanced net15 work security tools included in the efforts to 

16 continuously diagnose and mitigate cyberse17 curity risks pursuant to section 224(a)(1); 

18 and 

19 (iv) a list by agency of compliance 

20 with the requirements of section 225(b); and 

21 (C) not later than 1 year after the date of 

22 enactment of this Act, submit to the appropriate 

23 congressional committees— 

24 (i) a copy of the plan developed pursu25 ant to section 224(a)(2); and 
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1 (ii) the improved metrics developed 

2 pursuant to section 224(c). 

3 (d) FORM.—Each report required under this section 

4 shall be submitted in unclassified form, but may include 

5 a classified annex. 

6 SEC. 227. TERMINATION. 

7 (a) IN GENERAL.—The authority provided under sec8 tion 230 of the Homeland Security Act of 2002, as added 

9 by section 223(a)(6) of this division, and the reporting re10 quirements under section 226(c) of this division shall termi11 nate on the date that is 7 years after the date of enactment 

12 of this Act. 

13 (b) RULE OF CONSTRUCTION.—Nothing in subsection 

14 (a) shall be construed to affect the limitation of liability 

15 of a private entity for assistance provided to the Secretary 

16 under section 230(d)(2) of the Homeland Security Act of 

17 2002, as added by section 223(a)(6) of this division, if such 

18 assistance was rendered before the termination date under 

19 subsection (a) or otherwise during a period in which the 

20 assistance was authorized. 

21 SEC. 228. IDENTIFICATION OF INFORMATION SYSTEMS RE22 LATING TO NATIONAL SECURITY. 

23 (a) IN GENERAL.—Except as provided in subsection 

24 (c), not later than 180 days after the date of enactment of 

25 this Act— 
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1 (1) the Director of National Intelligence and the 

2 Director of the Office of Management and Budget, in 

3 coordination with the heads of other agencies, shall— 

4 (A) identify all unclassified information 

5 systems that provide access to information that 

6 may provide an adversary with the ability to de7 rive information that would otherwise be consid8 ered classified; 

9 (B) assess the risks that would result from 

10 the breach of each unclassified information sys11 tem identified in subparagraph (A); and 

12 (C) assess the cost and impact on the mis13 sion carried out by each agency that owns an 

14 unclassified information system identified in 

15 subparagraph (A) if the system were to be subse16 quently designated as a national security system; 

17 and 

18 (2) the Director of National Intelligence and the 

19 Director of the Office of Management and Budget 

20 shall submit to the appropriate congressional commit21 tees, the Select Committee on Intelligence of the Sen22 ate, and the Permanent Select Committee on Intel23 ligence of the House of Representatives a report that 

24 includes the findings under paragraph (1). 
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1 (b) FORM.—The report submitted under subsection 

2 (a)(2) shall be in unclassified form, and shall include a 

3 classified annex. 

4 (c) EXCEPTION.—The requirements under subsection 

5 (a)(1) shall not apply to the Department of Defense, a na6 tional security system, or an element of the intelligence 

7 community. 

8 (d) RULE OF CONSTRUCTION.—Nothing in this section 

9 shall be construed to designate an information system as 

10 a national security system. 

11 SEC. 229. DIRECTION TO AGENCIES. 

12 (a) IN GENERAL.—Section 3553 of title 44, United 

13 States Code, is amended by adding at the end the following: 

14 ‘‘(h) DIRECTION TO AGENCIES.— 

15 ‘‘(1) AUTHORITY.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), in response to a known or reasonably 

18 suspected information security threat, vulner19 ability, or incident that represents a substantial 

20 threat to the information security of an agency, 

21 the Secretary may issue an emergency directive 

22 to the head of an agency to take any lawful ac23 tion with respect to the operation of the informa24 tion system, including such systems used or oper25 ated by another entity on behalf of an agency, 
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1 that collects, processes, stores, transmits, dissemi2 nates, or otherwise maintains agency informa3 tion, for the purpose of protecting the informa4 tion system from, or mitigating, an information 

5 security threat. 

6 ‘‘(B) EXCEPTION.—The authorities of the 

7 Secretary under this subsection shall not apply 

8 to a system described subsection (d) or to a sys9 tem described in paragraph (2) or (3) of sub10 section (e). 

11 ‘‘(2) PROCEDURES FOR USE OF AUTHORITY.— 

12 The Secretary shall— 

13 ‘‘(A) in coordination with the Director, and 

14 in consultation with Federal contractors as ap15 propriate, establish procedures governing the cir16 cumstances under which a directive may be 

17 issued under this subsection, which shall in18 clude— 

19 ‘‘(i) thresholds and other criteria; 

20 ‘‘(ii) privacy and civil liberties protec21 tions; and 

22 ‘‘(iii) providing notice to potentially 

23 affected third parties; 

24 ‘‘(B) specify the reasons for the required ac25 tion and the duration of the directive; 
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1 ‘‘(C) minimize the impact of a directive 

2 under this subsection by— 

3 ‘‘(i) adopting the least intrusive means 

4 possible under the circumstances to secure 

5 the agency information systems; and 

6 ‘‘(ii) limiting directives to the shortest 

7 period practicable; 

8 ‘‘(D) notify the Director and the head of 

9 any affected agency immediately upon the 

10 issuance of a directive under this subsection; 

11 ‘‘(E) consult with the Director of the Na12 tional Institute of Standards and Technology re13 garding any directive under this subsection that 

14 implements standards and guidelines developed 

15 by the National Institute of Standards and Tech16 nology; 

17 ‘‘(F) ensure that directives issued under this 

18 subsection do not conflict with the standards and 

19 guidelines issued under section 11331 of title 40; 

20 ‘‘(G) consider any applicable standards or 

21 guidelines developed by the National Institute of 

22 Standards and Technology issued by the Sec23 retary of Commerce under section 11331 of title 

24 40; and 
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1 ‘‘(H) not later than February 1 of each 

2 year, submit to the appropriate congressional 

3 committees a report regarding the specific ac4 tions the Secretary has taken pursuant to para5 graph (1)(A). 

6 ‘‘(3) IMMINENT THREATS.— 

7 ‘‘(A) IN GENERAL.—Notwithstanding sec8 tion 3554, the Secretary may authorize the use 

9 under this subsection of the intrusion detection 

10 and prevention capabilities established under 

11 section 230(b)(1) of the Homeland Security Act 

12 of 2002 for the purpose of ensuring the security 

13 of agency information systems, if— 

14 ‘‘(i) the Secretary determines there is 

15 an imminent threat to agency information 

16 systems; 

17 ‘‘(ii) the Secretary determines a direc18 tive under subsection (b)(2)(C) or para19 graph (1)(A) is not reasonably likely to re20 sult in a timely response to the threat; 

21 ‘‘(iii) the Secretary determines the risk 

22 posed by the imminent threat outweighs any 

23 adverse consequences reasonably expected to 

24 result from the use of the intrusion detection 
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1 and prevention capabilities under the con2 trol of the Secretary; 

3 ‘‘(iv) the Secretary provides prior no4 tice to the Director, and the head and chief 

5 information officer (or equivalent official) of 

6 each agency to which specific actions will be 

7 taken pursuant to this paragraph, and noti8 fies the appropriate congressional commit9 tees and authorizing committees of each 

10 such agency within 7 days of taking an ac11 tion under this paragraph of— 

12 ‘‘(I) any action taken under this 

13 paragraph; and 

14 ‘‘(II) the reasons for and duration 

15 and nature of the action; 

16 ‘‘(v) the action of the Secretary is con17 sistent with applicable law; and 

18 ‘‘(vi) the Secretary authorizes the use 

19 of the intrusion detection and prevention 

20 capabilities in accordance with the advance 

21 procedures established under subparagraph 

22 (C). 

23 ‘‘(B) LIMITATION ON DELEGATION.—The 

24 authority under this paragraph may not be dele25 gated by the Secretary. 
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1 ‘‘(C) ADVANCE PROCEDURES.—The Sec2 retary shall, in coordination with the Director, 

3 and in consultation with the heads of Federal 

4 agencies, establish procedures governing the cir5 cumstances under which the Secretary may au6 thorize the use of the intrusion detection and 

7 prevention capabilities under subparagraph (A). 

8 The Secretary shall submit the procedures to 

9 Congress. 

10 ‘‘(4) LIMITATION.—The Secretary may direct or 

11 authorize lawful action or the use of the intrusion de12 tection and prevention capabilities under this sub13 section only to— 

14 ‘‘(A) protect agency information from unau15 thorized access, use, disclosure, disruption, modi16 fication, or destruction; or 

17 ‘‘(B) require the remediation of or protect 

18 against identified information security risks 

19 with respect to— 

20 ‘‘(i) information collected or main21 tained by or on behalf of an agency; or 

22 ‘‘(ii) that portion of an information 

23 system used or operated by an agency or by 

24 a contractor of an agency or other organiza25 tion on behalf of an agency. 
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1 ‘‘(i) ANNUAL REPORT TO CONGRESS.—Not later than 

2 February 1 of each year, the Director and the Secretary 

3 shall submit to the appropriate congressional committees a 

4 report regarding the specific actions the Director and the 

5 Secretary have taken pursuant to subsection (a)(5), includ6 ing any actions taken pursuant to section 11303(b)(5) of 

7 title 40. 

8 ‘‘(j) APPROPRIATE CONGRESSIONAL COMMITTEES DE9 FINED.—In this section, the term ‘appropriate congres10 sional committees’ means— 

11 ‘‘(1) the Committee on Appropriations and the 

12 Committee on Homeland Security and Governmental 

13 Affairs of the Senate; and 

14 ‘‘(2) the Committee on Appropriations, the Com15 mittee on Homeland Security, the Committee on 

16 Oversight and Government Reform, and the Com17 mittee on Science, Space, and Technology of the 

18 House of Representatives.’’. 

19 (b) CONFORMING AMENDMENT.—Section 

20 3554(a)(1)(B) of title 44, United States Code, is amended— 

21 (1) in clause (iii), by striking ‘‘and’’ at the end; 

22 and 

23 (2) by adding at the end the following: 

24 ‘‘(v) emergency directives issued by the 

25 Secretary under section 3553(h); and’’. 
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1 TITLE III—FEDERAL CYBERSE2 CURITY WORKFORCE ASSESS3 MENT 

4 SEC. 301. SHORT TITLE. 

5 This title may be cited as the ‘‘Federal Cybersecurity 

6 Workforce Assessment Act of 2015’’. 

7 SEC. 302. DEFINITIONS. 

8 In this title: 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional commit11 tees’’ means— 

12 (A) the Committee on Armed Services of the 

13 Senate; 

14 (B) the Committee on Homeland Security 

15 and Governmental Affairs of the Senate; 

16 (C) the Select Committee on Intelligence of 

17 the Senate; 

18 (D) the Committee on Commerce, Science, 

19 and Transportation of the Senate; 

20 (E) the Committee on Armed Services of the 

21 House of Representatives; 

22 (F) the Committee on Homeland Security of 

23 the House of Representatives; 
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1 (G) the Committee on Oversight and Gov2 ernment Reform of the House of Representatives; 

3 and 

4 (H) the Permanent Select Committee on In5 telligence of the House of Representatives. 

6 (2) DIRECTOR.—The term ‘‘Director’’ means the 

7 Director of the Office of Personnel Management. 

8 (3) NATIONAL INITIATIVE FOR CYBERSECURITY

9 EDUCATION.—The term ‘‘National Initiative for Cy10 bersecurity Education’’ means the initiative under the 

11 national cybersecurity awareness and education pro12 gram, as authorized under section 401 of the Cyberse13 curity Enhancement Act of 2014 (15 U.S.C. 7451). 

14 (4) WORK ROLES.—The term ‘‘ work roles’’ 

15 means a specialized set of tasks and functions requir16 ing specific knowledge, skills, and abilities. 

17 SEC. 303. NATIONAL CYBERSECURITY WORKFORCE MEAS18 UREMENT INITIATIVE. 

19 (a) IN GENERAL.—The head of each Federal agency 

20 shall— 

21 (1) identify all positions within the agency that 

22 require the performance of cybersecurity or other 

23 cyber-related functions; and 
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1 (2) assign the corresponding employment code 

2 under the National Initiative for Cybersecurity Edu3 cation in accordance with subsection (b). 

4 (b) EMPLOYMENT CODES.— 

5 (1) PROCEDURES.— 

6 (A) CODING STRUCTURE.—Not later than 

7 180 days after the date of the enactment of this 

8 Act, the Director, in coordination with the Na9 tional Institute of Standards and Technology, 

10 shall develop a coding structure under the Na11 tional Initiative for Cybersecurity Education. 

12 (B) IDENTIFICATION OF CIVILIAN CYBER

13 PERSONNEL.—Not later than 9 months after the 

14 date of enactment of this Act, the Director, in co15 ordination with the Secretary of Homeland Se16 curity, the Director of the National Institute of 

17 Standards and Technology, and the Director of 

18 National Intelligence, shall establish procedures 

19 to implement the National Initiative for Cyberse20 curity Education coding structure to identify all 

21 Federal civilian positions that require the per22 formance of information technology, cybersecu23 rity, or other cyber-related functions. 

24 (C) IDENTIFICATION OF NONCIVILIAN CYBER

25 PERSONNEL.—Not later than 18 months after the 
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1 date of enactment of this Act, the Secretary of 

2 Defense shall establish procedures to implement 

3 the National Initiative for Cybersecurity Edu4 cation’s coding structure to identify all Federal 

5 noncivilian positions that require the perform6 ance of information technology, cybersecurity, or 

7 other cyber-related functions. 

8 (D) BASELINE ASSESSMENT OF EXISTING

9 CYBERSECURITY WORKFORCE.—Not later than 3 

10 months after the date on which the procedures 

11 are developed under subparagraphs (B) and (C), 

12 respectively, the head of each Federal agency 

13 shall submit to the appropriate congressional 

14 committees of jurisdiction a report that identi15 fies— 

16 (i) the percentage of personnel with in17 formation technology, cybersecurity, or other 

18 cyber-related job functions who currently 

19 hold the appropriate industry-recognized 

20 certifications as identified under the Na21 tional Initiative for Cybersecurity Edu22 cation; 

23 (ii) the level of preparedness of other 

24 civilian and noncivilian cyber personnel 
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1 without existing credentials to take certifi2 cation exams; and 

3 (iii) a strategy for mitigating any 

4 gaps identified in clause (i) or (ii) with the 

5 appropriate training and certification for 

6 existing personnel. 

7 (E) PROCEDURES FOR ASSIGNING CODES.— 

8 Not later than 3 months after the date on which 

9 the procedures are developed under subpara10 graphs (B) and (C), respectively, the head of 

11 each Federal agency shall establish procedures— 

12 (i) to identify all encumbered and va13 cant positions with information technology, 

14 cybersecurity, or other cyber-related func15 tions (as defined in the National Initiative 

16 for Cybersecurity Education’s coding struc17 ture); and 

18 (ii) to assign the appropriate employ19 ment code to each such position, using 

20 agreed standards and definitions. 

21 (2) CODE ASSIGNMENTS.—Not later than 1 year 

22 after the date after the procedures are established 

23 under paragraph (1)(E), the head of each Federal 

24 agency shall complete assignment of the appropriate 

25 employment code to each position within the agency 
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1 with information technology, cybersecurity, or other 

2 cyber-related functions. 

3 (c) PROGRESS REPORT.—Not later than 180 days 

4 after the date of enactment of this Act, the Director shall 

5 submit a progress report on the implementation of this sec6 tion to the appropriate congressional committees. 

7 SEC. 304. IDENTIFICATION OF CYBER-RELATED WORK 

8 ROLES OF CRITICAL NEED. 

9 (a) IN GENERAL.—Beginning not later than 1 year 

10 after the date on which the employment codes are assigned 

11 to employees pursuant to section 303(b)(2), and annually 

12 thereafter through 2022, the head of each Federal agency, 

13 in consultation with the Director, the Director of the Na14 tional Institute of Standards and Technology, and the Sec15 retary of Homeland Security, shall— 

16 (1) identify information technology, cybersecu17 rity, or other cyber-related work roles of critical need 

18 in the agency’s workforce; and 

19 (2) submit a report to the Director that— 

20 (A) describes the information technology, 

21 cybersecurity, or other cyber-related roles identi22 fied under paragraph (1); and 

23 (B) substantiates the critical need designa24 tions. 
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1 (b) GUIDANCE.—The Director shall provide Federal 

2 agencies with timely guidance for identifying information 

3 technology, cybersecurity, or other cyber-related roles of crit4 ical need, including— 

5 (1) current information technology, cybersecu6 rity, and other cyber-related roles with acute skill 

7 shortages; and 

8 (2) information technology, cybersecurity, or 

9 other cyber-related roles with emerging skill shortages. 

10 (c) CYBERSECURITY NEEDS REPORT.—Not later than 

11 2 years after the date of the enactment of this Act, the Direc12 tor, in consultation with the Secretary of Homeland Secu13 rity, shall— 

14 (1) identify critical needs for information tech15 nology, cybersecurity, or other cyber-related workforce 

16 across all Federal agencies; and 

17 (2) submit a progress report on the implementa18 tion of this section to the appropriate congressional 

19 committees. 

20 SEC. 305. GOVERNMENT ACCOUNTABILITY OFFICE STATUS 

21 REPORTS. 

22 The Comptroller General of the United States shall— 

23 (1) analyze and monitor the implementation of 

24 sections 303 and 304; and 
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1 (2) not later than 3 years after the date of the 

2 enactment of this Act, submit a report to the appro3 priate congressional committees that describes the sta4 tus of such implementation. 

5 TITLE IV—OTHER CYBER 

6 MATTERS 

7 SEC. 401. STUDY ON MOBILE DEVICE SECURITY. 

8 (a) IN GENERAL.—Not later than 1 year after the date 

9 of the enactment of this Act, the Secretary of Homeland Se10 curity, in consultation with the Director of the National 

11 Institute of Standards and Technology, shall— 

12 (1) complete a study on threats relating to the 

13 security of the mobile devices of the Federal Govern14 ment; and 

15 (2) submit an unclassified report to Congress, 

16 with a classified annex if necessary, that contains the 

17 findings of such study, the recommendations devel18 oped under paragraph (3) of subsection (b), the defi19 ciencies, if any, identified under (4) of such sub20 section, and the plan developed under paragraph (5) 

21 of such subsection. 

22 (b) MATTERS STUDIED.—In carrying out the study 

23 under subsection (a)(1), the Secretary, in consultation with 

24 the Director of the National Institute of Standards and 

25 Technology, shall— 
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1 (1) assess the evolution of mobile security tech2 niques from a desktop-centric approach, and whether 

3 such techniques are adequate to meet current mobile 

4 security challenges; 

5 (2) assess the effect such threats may have on the 

6 cybersecurity of the information systems and networks 

7 of the Federal Government (except for national secu8 rity systems or the information systems and networks 

9 of the Department of Defense and the intelligence 

10 community); 

11 (3) develop recommendations for addressing such 

12 threats based on industry standards and best prac13 tices; 

14 (4) identify any deficiencies in the current au15 thorities of the Secretary that may inhibit the ability 

16 of the Secretary to address mobile device security 

17 throughout the Federal Government (except for na18 tional security systems and the information systems 

19 and networks of the Department of Defense and intel20 ligence community); and 

21 (5) develop a plan for accelerated adoption of se22 cure mobile device technology by the Department of 

23 Homeland Security. 

24 (c) INTELLIGENCE COMMUNITY DEFINED.—In this sec25 tion, the term ‘‘intelligence community’’ has the meaning 
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1 given such term in section 3 of the National Security Act 

2 of 1947 (50 U.S.C. 3003). 

3 SEC. 402. DEPARTMENT OF STATE INTERNATIONAL CYBER4 SPACE POLICY STRATEGY. 

5 (a) IN GENERAL.—Not later than 90 days after the 

6 date of the enactment of this Act, the Secretary of State 

7 shall produce a comprehensive strategy relating to United 

8 States international policy with regard to cyberspace. 

9 (b) ELEMENTS.—The strategy required by subsection 

10 (a) shall include the following: 

11 (1) A review of actions and activities undertaken 

12 by the Secretary of State to date to support the goal 

13 of the President’s International Strategy for Cyber14 space, released in May 2011, to ‘‘work internationally 

15 to promote an open, interoperable, secure, and reliable 

16 information and communications infrastructure that 

17 supports international trade and commerce, strength18 ens international security, and fosters free expression 

19 and innovation.’’. 

20 (2) A plan of action to guide the diplomacy of 

21 the Secretary of State, with regard to foreign coun22 tries, including conducting bilateral and multilateral 

23 activities to develop the norms of responsible inter24 national behavior in cyberspace, and status review of 
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1 existing discussions in multilateral fora to obtain 

2 agreements on international norms in cyberspace. 

3 (3) A review of the alternative concepts with re4 gard to international norms in cyberspace offered by 

5 foreign countries that are prominent actors, including 

6 China, Russia, Brazil, and India. 

7 (4) A detailed description of threats to United 

8 States national security in cyberspace from foreign 

9 countries, state-sponsored actors, and private actors to 

10 Federal and private sector infrastructure of the 

11 United States, intellectual property in the United 

12 States, and the privacy of citizens of the United 

13 States. 

14 (5) A review of policy tools available to the 

15 President to deter foreign countries, state-sponsored 

16 actors, and private actors, including those outlined in 

17 Executive Order 13694, released on April 1, 2015. 

18 (6) A review of resources required by the Sec19 retary, including the Office of the Coordinator for 

20 Cyber Issues, to conduct activities to build responsible 

21 norms of international cyber behavior. 

22 (c) CONSULTATION.—In preparing the strategy re23 quired by subsection (a), the Secretary of State shall con24 sult, as appropriate, with other agencies and departments 

25 of the United States and the private sector and nongovern-
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1 mental organizations in the United States with recognized 

2 credentials and expertise in foreign policy, national secu3 rity, and cybersecurity. 

4 (d) FORM OF STRATEGY.—The strategy required by 

5 subsection (a) shall be in unclassified form, but may include 

6 a classified annex. 

7 (e) AVAILABILITY OF INFORMATION.—The Secretary of 

8 State shall— 

9 (1) make the strategy required in subsection (a) 

10 available the public; and 

11 (2) brief the Committee on Foreign Relations of 

12 the Senate and the Committee on Foreign Affairs of 

13 the House of Representatives on the strategy, includ14 ing any material contained in a classified annex. 

15 SEC. 403. APPREHENSION AND PROSECUTION OF INTER16 NATIONAL CYBER CRIMINALS. 

17 (a) INTERNATIONAL CYBER CRIMINAL DEFINED.—In 

18 this section, the term ‘‘international cyber criminal’’ means 

19 an individual— 

20 (1) who is believed to have committed a 

21 cybercrime or intellectual property crime against the 

22 interests of the United States or the citizens of the 

23 United States; and 

24 (2) for whom— 
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1 (A) an arrest warrant has been issued by a 

2 judge in the United States; or 

3 (B) an international wanted notice (com4 monly referred to as a ‘‘Red Notice’’) has been 

5 circulated by Interpol. 

6 (b) CONSULTATIONS FOR NONCOOPERATION.—The 

7 Secretary of State, or designee, shall consult with the appro8 priate government official of each country from which ex9 tradition is not likely due to the lack of an extradition trea10 ty with the United States or other reasons, in which one 

11 or more international cyber criminals are physically 

12 present, to determine what actions the government of such 

13 country has taken— 

14 (1) to apprehend and prosecute such criminals; 

15 and 

16 (2) to prevent such criminals from carrying out 

17 cybercrimes or intellectual property crimes against 

18 the interests of the United States or its citizens. 

19 (c) ANNUAL REPORT.— 

20 (1) IN GENERAL.—The Secretary of State shall 

21 submit to the appropriate congressional committees 

22 an annual report that includes— 

23 (A) the number of international cyber 

24 criminals located in other countries, 

25 disaggregated by country, and indicating from 
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1 which countries extradition is not likely due to 

2 the lack of an extradition treaty with the United 

3 States or other reasons; 

4 (B) the nature and number of significant 

5 discussions by an official of the Department of 

6 State on ways to thwart or prosecute inter7 national cyber criminals with an official of an8 other country, including the name of each such 

9 country; and 

10 (C) for each international cyber criminal 

11 who was extradited to the United States during 

12 the most recently completed calendar year— 

13 (i) his or her name; 

14 (ii) the crimes for which he or she was 

15 charged; 

16 (iii) his or her previous country of res17 idence; and 

18 (iv) the country from which he or she 

19 was extradited into the United States. 

20 (2) FORM.—The report required by this sub21 section shall be in unclassified form to the maximum 

22 extent possible, but may include a classified annex. 

23 (3) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—For purposes of this subsection, the term ‘‘ap25 propriate congressional committees’’ means— 
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1 (A) the Committee on Foreign Relations, the 

2 Committee on Appropriations, the Committee on 

3 Homeland Security and Governmental Affairs, 

4 the Committee on Banking, Housing, and Urban 

5 Affairs, the Select Committee on Intelligence, 

6 and the Committee on the Judiciary of the Sen7 ate; and 

8 (B) the Committee on Foreign Affairs, the 

9 Committee on Appropriations, the Committee on 

10 Homeland Security, the Committee on Financial 

11 Services, the Permanent Select Committee on In12 telligence, and the Committee on the Judiciary of 

13 the House of Representatives. 

14 SEC. 404. ENHANCEMENT OF EMERGENCY SERVICES. 

15 (a) COLLECTION OF DATA.—Not later than 90 days 

16 after the date of the enactment of this Act, the Secretary 

17 of Homeland Security, acting through the center established 

18 under section 227 of the Homeland Security Act of 2002, 

19 as redesignated by section 223(a)(3) of this division, in co20 ordination with appropriate Federal entities and the Direc21 tor for Emergency Communications, shall establish a proc22 ess by which a Statewide Interoperability Coordinator may 

23 report data on any cybersecurity risk or incident involving 

24 any information system or network used by emergency re-
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1 sponse providers (as defined in section 2 of the Homeland 

2 Security Act of 2002 (6 U.S.C. 101)) within the State. 

3 (b) ANALYSIS OF DATA.—Not later than 1 year after 

4 the date of the enactment of this Act, the Secretary of Home5 land Security, acting through the Director of the National 

6 Cybersecurity and Communications Integration Center, in 

7 coordination with appropriate entities and the Director for 

8 Emergency Communications, and in consultation with the 

9 Secretary of Commerce, acting through the Director of the 

10 National Institute of Standards and Technology, shall con11 duct integration and analysis of the data reported under 

12 subsection (a) to develop information and recommendations 

13 on security and resilience measures for any information 

14 system or network used by State emergency response pro15 viders. 

16 (c) BEST PRACTICES.— 

17 (1) IN GENERAL.—Using the results of the inte18 gration and analysis conducted under subsection (b), 

19 and any other relevant information, the Director of 

20 the National Institute of Standards and Technology 

21 shall, on an ongoing basis, facilitate and support the 

22 development of methods for reducing cybersecurity 

23 risks to emergency response providers using the proc24 ess described in section 2(e) of the National Institute 

25 of Standards and Technology Act (15 U.S.C. 272(e)). 
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1 (2) REPORT.—The Director of the National In2 stitute of Standards and Technology shall submit to 

3 Congress a report on the result of the activities of the 

4 Director under paragraph (1), including any methods 

5 developed by the Director under such paragraph, and 

6 shall make such report publicly available on the 

7 website of the National Institute of Standards and 

8 Technology. 

9 (d) RULE OF CONSTRUCTION.—Nothing in this section 

10 shall be construed to— 

11 (1) require a State to report data under sub12 section (a); or 

13 (2) require a non-Federal entity (as defined in 

14 section 102) to— 

15 (A) adopt a recommended measure devel16 oped under subsection (b); or 

17 (B) follow the result of the activities carried 

18 out under subsection (c), including any methods 

19 developed under such subsection. 

20 SEC. 405. IMPROVING CYBERSECURITY IN THE HEALTH 

21 CARE INDUSTRY. 

22 (a) DEFINITIONS.—In this section: 

23 (1) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—The term ‘‘appropriate congressional commit25 tees’’ means— 
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1 (A) the Committee on Health, Education, 

2 Labor, and Pensions, the Committee on Home3 land Security and Governmental Affairs, and the 

4 Select Committee on Intelligence of the Senate; 

5 and 

6 (B) the Committee on Energy and Com7 merce, the Committee on Homeland Security, 

8 and the Permanent Select Committee on Intel9 ligence of the House of Representatives. 

10 (2) BUSINESS ASSOCIATE.—The term ‘‘business 

11 associate’’ has the meaning given such term in section 

12 160.103 of title 45, Code of Federal Regulations (as 

13 in effect on the day before the date of the enactment 

14 of this Act). 

15 (3) COVERED ENTITY.—The term ‘‘covered enti16 ty’’ has the meaning given such term in section 

17 160.103 of title 45, Code of Federal Regulations (as 

18 in effect on the day before the date of the enactment 

19 of this Act). 

20 (4) CYBERSECURITY THREAT; CYBER THREAT IN21 DICATOR; DEFENSIVE MEASURE; FEDERAL ENTITY; 

22 NON-FEDERAL ENTITY; PRIVATE ENTITY.—The terms 

23 ‘‘cybersecurity threat’’, ‘‘cyber threat indicator’’, ‘‘de24 fensive measure’’, ‘‘Federal entity’’, ‘‘non-Federal en-
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1 tity’’, and ‘‘private entity’’ have the meanings given 

2 such terms in section 102 of this division. 

3 (5) HEALTH CARE CLEARINGHOUSE; HEALTH

4 CARE PROVIDER; HEALTH PLAN.—The terms ‘‘health 

5 care clearinghouse’’, ‘‘health care provider’’, and 

6 ‘‘health plan’’ have the meanings given such terms in 

7 section 160.103 of title 45, Code of Federal Regula8 tions (as in effect on the day before the date of the 

9 enactment of this Act). 

10 (6) HEALTH CARE INDUSTRY STAKEHOLDER.— 

11 The term ‘‘health care industry stakeholder’’ means 

12 any— 

13 (A) health plan, health care clearinghouse, 

14 or health care provider; 

15 (B) advocate for patients or consumers; 

16 (C) pharmacist; 

17 (D) developer or vendor of health informa18 tion technology; 

19 (E) laboratory; 

20 (F) pharmaceutical or medical device man21 ufacturer; or 

22 (G) additional stakeholder the Secretary de23 termines necessary for purposes of subsection 

24 (b)(1), (c)(1), (c)(3), or (d)(1). 
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1 (7) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Health and Human Services. 

3 (b) REPORT.— 

4 (1) IN GENERAL.—Not later than 1 year after 

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

6 submit to the Committee on Health, Education, 

7 Labor, and Pensions of the Senate and the Committee 

8 on Energy and Commerce of the House of Representa9 tives a report on the preparedness of the Department 

10 of Health and Human Services and health care in11 dustry stakeholders in responding to cybersecurity 

12 threats. 

13 (2) CONTENTS OF REPORT.—With respect to the 

14 internal response of the Department of Health and 

15 Human Services to emerging cybersecurity threats, 

16 the report under paragraph (1) shall include— 

17 (A) a clear statement of the official within 

18 the Department of Health and Human Services 

19 to be responsible for leading and coordinating ef20 forts of the Department regarding cybersecurity 

21 threats in the health care industry; and 

22 (B) a plan from each relevant operating di23 vision and subdivision of the Department of 

24 Health and Human Services on how such divi25 sion or subdivision will address cybersecurity 
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1 threats in the health care industry, including a 

2 clear delineation of how each such division or 

3 subdivision will divide responsibility among the 

4 personnel of such division or subdivision and 

5 communicate with other such divisions and sub6 divisions regarding efforts to address such 

7 threats. 

8 (c) HEALTH CARE INDUSTRY CYBERSECURITY TASK

9 FORCE.— 

10 (1) IN GENERAL.—Not later than 90 days after 

11 the date of the enactment of this Act, the Secretary, 

12 in consultation with the Director of the National In13 stitute of Standards and Technology and the Sec14 retary of Homeland Security, shall convene health 

15 care industry stakeholders, cybersecurity experts, and 

16 any Federal agencies or entities the Secretary deter17 mines appropriate to establish a task force to— 

18 (A) analyze how industries, other than the 

19 health care industry, have implemented strate20 gies and safeguards for addressing cybersecurity 

21 threats within their respective industries; 

22 (B) analyze challenges and barriers private 

23 entities (excluding any State, tribal, or local gov24 ernment) in the health care industry face secur25 ing themselves against cyber attacks; 
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1 (C) review challenges that covered entities 

2 and business associates face in securing 

3 networked medical devices and other software or 

4 systems that connect to an electronic health 

5 record; 

6 (D) provide the Secretary with information 

7 to disseminate to health care industry stake8 holders of all sizes for purposes of improving 

9 their preparedness for, and response to, cyberse10 curity threats affecting the health care industry; 

11 (E) establish a plan for implementing title 

12 I of this division, so that the Federal Govern13 ment and health care industry stakeholders may 

14 in real time, share actionable cyber threat indi15 cators and defensive measures; and 

16 (F) report to the appropriate congressional 

17 committees on the findings and recommendations 

18 of the task force regarding carrying out subpara19 graphs (A) through (E). 

20 (2) TERMINATION.—The task force established 

21 under this subsection shall terminate on the date that 

22 is 1 year after the date on which such task force is 

23 established. 

24 (3) DISSEMINATION.—Not later than 60 days 

25 after the termination of the task force established 
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1 under this subsection, the Secretary shall disseminate 

2 the information described in paragraph (1)(D) to 

3 health care industry stakeholders in accordance with 

4 such paragraph. 

5 (d) ALIGNING HEALTH CARE INDUSTRY SECURITY AP6 PROACHES.— 

7 (1) IN GENERAL.—The Secretary shall establish, 

8 through a collaborative process with the Secretary of 

9 Homeland Security, health care industry stakeholders, 

10 the Director of the National Institute of Standards 

11 and Technology, and any Federal entity or non-Fed12 eral entity the Secretary determines appropriate, a 

13 common set of voluntary, consensus-based, and indus14 try-led guidelines, best practices, methodologies, proce15 dures, and processes that— 

16 (A) serve as a resource for cost-effectively re17 ducing cybersecurity risks for a range of health 

18 care organizations; 

19 (B) support voluntary adoption and imple20 mentation efforts to improve safeguards to ad21 dress cybersecurity threats; 

22 (C) are consistent with— 

23 (i) the standards, guidelines, best prac24 tices, methodologies, procedures, and proc25 esses developed under section 2(c)(15) of the 
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1 National Institute of Standards and Tech2 nology Act (15 U.S.C. 272(c)(15)); 

3 (ii) the security and privacy regula4 tions promulgated under section 264(c) of 

5 the Health Insurance Portability and Ac6 countability Act of 1996 (42 U.S.C. 1320d– 

7 2 note); and 

8 (iii) the provisions of the Health Infor9 mation Technology for Economic and Clin10 ical Health Act (title XIII of division A, 

11 and title IV of division B, of Public Law 

12 111–5), and the amendments made by such 

13 Act; and 

14 (D) are updated on a regular basis and ap15 plicable to a range of health care organizations. 

16 (2) LIMITATION.—Nothing in this subsection 

17 shall be interpreted as granting the Secretary author18 ity to— 

19 (A) provide for audits to ensure that health 

20 care organizations are in compliance with this 

21 subsection; or 

22 (B) mandate, direct, or condition the award 

23 of any Federal grant, contract, or purchase, on 

24 compliance with this subsection. 
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1 (3) NO LIABILITY FOR NONPARTICIPATION.— 

2 Nothing in this section shall be construed to subject 

3 a health care industry stakeholder to liability for 

4 choosing not to engage in the voluntary activities au5 thorized or guidelines developed under this subsection. 

6 (e) INCORPORATING ONGOING ACTIVITIES.—In car7 rying out the activities under this section, the Secretary 

8 may incorporate activities that are ongoing as of the day 

9 before the date of enactment of this Act and that are con10 sistent with the objectives of this section. 

11 (f) RULE OF CONSTRUCTION.—Nothing in this section 

12 shall be construed to limit the antitrust exemption under 

13 section 104(e) or the protection from liability under section 

14 106. 

15 SEC. 406. FEDERAL COMPUTER SECURITY. 

16 (a) DEFINITIONS.—In this section: 

17 (1) COVERED SYSTEM.—The term ‘‘covered sys18 tem’’ shall mean a national security system as de19 fined in section 11103 of title 40, United States Code, 

20 or a Federal computer system that provides access to 

21 personally identifiable information. 

22 (2) COVERED AGENCY.—The term ‘‘covered agen23 cy’’ means an agency that operates a covered system. 

24 (3) LOGICAL ACCESS CONTROL.—The term ‘‘log25 ical access control’’ means a process of granting or de-
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1 nying specific requests to obtain and use information 

2 and related information processing services. 

3 (4) MULTI-FACTOR AUTHENTICATION.—The term 

4 ‘‘multi-factor authentication’’ means the use of not 

5 fewer than 2 authentication factors, such as the fol6 lowing: 

7 (A) Something that is known to the user, 

8 such as a password or personal identification 

9 number. 

10 (B) An access device that is provided to the 

11 user, such as a cryptographic identification de12 vice or token. 

13 (C) A unique biometric characteristic of the 

14 user. 

15 (5) PRIVILEGED USER.—The term ‘‘privileged 

16 user’’ means a user who has access to system control, 

17 monitoring, or administrative functions. 

18 (b) INSPECTOR GENERAL REPORTS ON COVERED SYS19 TEMS.— 

20 (1) IN GENERAL.—Not later than 240 days after 

21 the date of enactment of this Act, the Inspector Gen22 eral of each covered agency shall submit to the appro23 priate committees of jurisdiction in the Senate and 

24 the House of Representatives a report, which shall in25 clude information collected from the covered agency 
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1 for the contents described in paragraph (2) regarding 

2 the Federal computer systems of the covered agency. 

3 (2) CONTENTS.—The report submitted by each 

4 Inspector General of a covered agency under para5 graph (1) shall include, with respect to the covered 

6 agency, the following: 

7 (A) A description of the logical access poli8 cies and practices used by the covered agency to 

9 access a covered system, including whether ap10 propriate standards were followed. 

11 (B) A description and list of the logical ac12 cess controls and multi-factor authentication 

13 used by the covered agency to govern access to 

14 covered systems by privileged users. 

15 (C) If the covered agency does not use log16 ical access controls or multi-factor authentica17 tion to access a covered system, a description of 

18 the reasons for not using such logical access con19 trols or multi-factor authentication. 

20 (D) A description of the following informa21 tion security management practices used by the 

22 covered agency regarding covered systems: 

23 (i) The policies and procedures fol24 lowed to conduct inventories of the software 

25 present on the covered systems of the covered 
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1 agency and the licenses associated with such 

2 software. 

3 (ii) What capabilities the covered agen4 cy utilizes to monitor and detect exfiltration 

5 and other threats, including— 

6 (I) data loss prevention capabili7 ties; 

8 (II) forensics and visibility capa9 bilities; or 

10 (III) digital rights management 

11 capabilities. 

12 (iii) A description of how the covered 

13 agency is using the capabilities described in 

14 clause (ii). 

15 (iv) If the covered agency is not uti16 lizing capabilities described in clause (ii), a 

17 description of the reasons for not utilizing 

18 such capabilities. 

19 (E) A description of the policies and proce20 dures of the covered agency with respect to ensur21 ing that entities, including contractors, that pro22 vide services to the covered agency are imple23 menting the information security management 

24 practices described in subparagraph (D). 
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1 (3) EXISTING REVIEW.—The reports required 

2 under this subsection may be based in whole or in 

3 part on an audit, evaluation, or report relating to 

4 programs or practices of the covered agency, and may 

5 be submitted as part of another report, including the 

6 report required under section 3555 of title 44, United 

7 States Code. 

8 (4) CLASSIFIED INFORMATION.—Reports sub9 mitted under this subsection shall be in unclassified 

10 form, but may include a classified annex. 

11 SEC. 407. STOPPING THE FRAUDULENT SALE OF FINANCIAL 

12 INFORMATION OF PEOPLE OF THE UNITED 

13 STATES. 

14 Section 1029(h) of title 18, United States Code, is 

15 amended by striking ‘‘title if—’’ and all that follows 

16 through ‘‘therefrom.’’ and inserting ‘‘title if the offense in17 volves an access device issued, owned, managed, or con18 trolled by a financial institution, account issuer, credit 

19 card system member, or other entity organized under the 

20 laws of the United States, or any State, the District of Co21 lumbia, or other territory of the United States.’’. 

22 DIVISION O—OTHER MATTERS 

23 SEC. 1. TABLE OF CONTENTS. 

24 The table of contents for this division is as follows: 

Sec. 1. Table of contents. 
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TITLE I—OIL EXPORTS, SAFETY VALVE, AND MARITIME SECURITY 

Sec. 101. Oil Exports, Safety Valve, and Maritime Security. 

TITLE II—TERRORIST TRAVEL PREVENTION AND VISA WAIVER 

PROGRAM REFORM 

Sec. 201. Short title. 

Sec. 202. Electronic passport requirement. 

Sec. 203. Restriction on use of visa waiver program for aliens who travel to certain countries. 

Sec. 204. Designation requirements for program countries. 

Sec. 205. Reporting requirements. 

Sec. 206. High risk program countries. 

Sec. 207. Enhancements to the electronic system for travel authorization. 

Sec. 208. Provision of assistance to non-program countries. 

Sec. 209. Clerical amendments. 

Sec. 210. Sense of Congress. 

TITLE III—JAMES ZADROGA 9/11 HEALTH AND COMPENSATION 

REAUTHORIZATION ACT 

Sec. 301. Short title. 

Sec. 302. Reauthorizing the World Trade Center Health Program. 

TITLE IV—JAMES ZADROGA 9/11 VICTIM COMPENSATION FUND 

REAUTHORIZATION 

Sec. 401. Short title. 

Sec. 402. Reauthorizing the September 11th Victim Compensation Fund of 2001. 

Sec. 403. Amendment to exempt programs. 

Sec. 404. Compensation for United States Victims of State Sponsored Terrorism 

Act. 

Sec. 405. Budgetary provisions. 

TITLE V—MEDICARE AND MEDICAID PROVISIONS 

Sec. 501. Medicare Improvement Fund. 

Sec. 502. Medicare payment incentive for the transition from traditional x-ray 

imaging to digital radiography and other Medicare imaging 

payment provision. 

Sec. 503. Limiting Federal Medicaid reimbursement to States for durable medical 

equipment (DME) to Medicare payment rates. 

Sec. 504. Treatment of disposable devices. 

TITLE VI—PUERTO RICO 

Sec. 601. Modification of Medicare inpatient hospital payment rate for Puerto 

Rico hospitals. 

Sec. 602. Application of Medicare HITECH payments to hospitals in Puerto 

Rico. 

TITLE VII—FINANCIAL SERVICES 

Sec. 701. Table of contents. 

Sec. 702. Limitations on sale of preferred stock. 

Sec. 703. Confidentiality of information shared between State and Federal financial services regulators. 
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Sec. 704. Application of FACA. 

Sec. 705. Treatment of affiliate transactions. 

Sec. 706. Ensuring the protection of insurance policyholders. 

Sec. 707. Limitation on SEC funds. 

Sec. 708. Elimination of reporting requirement. 

Sec. 709. Extension of Hardest Hit Fund; Termination of Home Affordable Modification Program. 

TITLE VIII—LAND AND WATER CONSERVATION FUND 

Sec. 801. Land and Water Conservation Fund. 

TITLE IX—NATIONAL OCEANS AND COASTAL SECURITY 

Sec. 901. Short title. 

Sec. 902. Definitions. 

Sec. 903. Purposes and agreements. 

Sec. 904. National Oceans and Coastal Security Fund. 

Sec. 905. Eligible uses. 

Sec. 906. Grants. 

Sec. 907. Annual report. 

Sec. 908. Funding. 

TITLE X—BUDGETARY PROVISIONS 

Sec. 1001. Budgetary effects. 

Sec. 1002. Authority to make adjustment in FY 2016 allocation. 

Sec. 1003. Estimates. 

TITLE XI—IRAQ LOAN AUTHORITY 

Sec. 1101. Iraq loan authority. 

1 TITLE I—OIL EXPORTS, SAFETY 

2 VALVE, AND MARITIME 

3 SECURITY 

4 SEC. 101. OIL EXPORTS, SAFETY VALVE, AND MARITIME SE5 CURITY. 

6 (a) REPEAL.—Section 103 of the Energy Policy and 

7 Conservation Act (42 U.S.C. 6212) and the item relating 

8 thereto in the table of contents of that Act are repealed. 

9 (b) NATIONAL POLICY ON OIL EXPORT RESTRIC10 TION.—Notwithstanding any other provision of law, except 

11 as provided in subsections (c) and (d), to promote the effi-
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1 cient exploration, production, storage, supply, marketing, 

2 pricing, and regulation of energy resources, including fossil 

3 fuels, no official of the Federal Government shall impose 

4 or enforce any restriction on the export of crude oil. 

5 (c) SAVINGS CLAUSE.—Nothing in this section limits 

6 the authority of the President under the Constitution, the 

7 International Emergency Economic Powers Act (50 U.S.C. 

8 1701 et seq.) or regulations issued under that Act (other 

9 than section 754.2 of title 15, Code of Federal Regulations), 

10 the National Emergencies Act (50 U.S.C. 1601 et seq.), part 

11 B of title II of the Energy Policy and Conservation Act 

12 (42 U.S.C. 6271 et seq.), the Trading With the Enemy Act 

13 (50 U.S.C. App. 1 et seq.), or any other provision of law 

14 that imposes sanctions on a foreign person or foreign gov15 ernment (including any provision of law that prohibits or 

16 restricts United States persons from engaging in a trans17 action with a sanctioned person or government), including 

18 a foreign government that is designated as a state sponsor 

19 of terrorism, to prohibit exports. 

20 (d) EXCEPTIONS AND PRESIDENTIAL AUTHORITY.— 

21 (1) IN GENERAL.—The President may impose ex22 port licensing requirements or other restrictions on 

23 the export of crude oil from the United States for a 

24 period of not more than 1 year, if— 
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1 (A) the President declares a national emer2 gency and formally notices the declaration of a 

3 national emergency in the Federal Register; 

4 (B) the export licensing requirements or 

5 other restrictions on the export of crude oil from 

6 the United States under this subsection apply to 

7 1 or more countries, persons, or organizations in 

8 the context of sanctions or trade restrictions im9 posed by the United States for reasons of na10 tional security by the Executive authority of the 

11 President or by Congress; or 

12 (C) the Secretary of Commerce, in consulta13 tion with the Secretary of Energy, finds and re14 ports to the President that— 

15 (i) the export of crude oil pursuant to 

16 this Act has caused sustained material oil 

17 supply shortages or sustained oil prices sig18 nificantly above world market levels that 

19 are directly attributable to the export of 

20 crude oil produced in the United States; 

21 and 

22 (ii) those supply shortages or price in23 creases have caused or are likely to cause 

24 sustained material adverse employment ef25 fects in the United States. 
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1 (2) RENEWAL.—Any requirement or restriction 

2 imposed pursuant to subparagraph (A) of paragraph 

3 (1) may be renewed for 1 or more additional periods 

4 of not more than 1 year each. 

5 (e) NATIONAL DEFENSE SEALIFT ENHANCEMENT.— 

6 (1) PAYMENTS.—Section 53106(a)(1) of title 46, 

7 United States Code, is amended— 

8 (A) in subparagraph (B), by striking the 

9 comma before ‘‘for each’’; 

10 (B) in subparagraph (C), by striking 

11 ‘‘2015, 2016, 2017, and 2018;’’ and inserting 

12 ‘‘and 2015;’’; 

13 (C) by redesignating subparagraph (E) as 

14 subparagraph (G); and 

15 (D) by striking subparagraph (D) and in16 serting the following: 

17 ‘‘(D) $4,999,950 for fiscal year 2017; 

18 ‘‘(E) $5,000,000 for each of fiscal years 

19 2018, 2019, and 2020; 

20 ‘‘(F) $5,233,463 for fiscal year 2021; and’’. 

21 (2) AUTHORIZATION OF APPROPRIATIONS.—Sec22 tion 53111 of title 46, United States Code, is amend23 ed— 

24 (A) in paragraph (3), by striking ‘‘2015, 

25 2017, and 2018;’’ and inserting ‘‘and 2015’’; 
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1 (B) by redesignating paragraph (5) as 

2 paragraph (7); and 

3 (C) by striking paragraph (4) and inserting 

4 the following: 

5 ‘‘(4) $299,997,000 for fiscal year 2017; 

6 ‘‘(5) $300,000,000 for each of fiscal years 2018, 

7 2019, and 2020; 

8 ‘‘(6) $314,007,780 for fiscal year 2021; and’’. 

9 TITLE II—TERRORIST TRAVEL 

10 PREVENTION AND VISA WAIV11 ER PROGRAM REFORM 

12 SECTION 201. SHORT TITLE. 

13 This title may be cited as the ‘‘Visa Waiver Program 

14 Improvement and Terrorist Travel Prevention Act of 2015’’. 

15 SEC. 202. ELECTRONIC PASSPORT REQUIREMENT. 

16 (a) REQUIREMENT FOR ALIEN TO POSSESS ELEC17 TRONIC PASSPORT.—Section 217(a)(3) of the Immigration 

18 and Nationality Act (8 U.S.C. 1187(a)(3)) is amended to 

19 read as follows: 

20 ‘‘(3) PASSPORT REQUIREMENTS.—The alien, at 

21 the time of application for admission, is in possession 

22 of a valid unexpired passport that satisfies the fol23 lowing: 

24 ‘‘(A) MACHINE READABLE.—The passport is 

25 a machine-readable passport that is tamper-re-
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1 sistant, incorporates document authentication 

2 identifiers, and otherwise satisfies the inter3 nationally accepted standard for machine read4 ability. 

5 ‘‘(B) ELECTRONIC.—Beginning on April 1, 

6 2016, the passport is an electronic passport that 

7 is fraud-resistant, contains relevant biographic 

8 and biometric information (as determined by the 

9 Secretary of Homeland Security), and otherwise 

10 satisfies internationally accepted standards for 

11 electronic passports.’’. 

12 (b) REQUIREMENT FOR PROGRAM COUNTRY TO VALI13 DATE PASSPORTS.—Section 217(c)(2)(B) of the Immigra14 tion and Nationality Act (8 U.S.C. 1187(c)(2)(B)) is 

15 amended to read as follows: 

16 ‘‘(B) PASSPORT PROGRAM.— 

17 ‘‘(i) ISSUANCE OF PASSPORTS.—The 

18 government of the country certifies that it 

19 issues to its citizens passports described in 

20 subparagraph (A) of subsection (a)(3), and 

21 on or after April 1, 2016, passports de22 scribed in subparagraph (B) of subsection 

23 (a)(3). 

24 ‘‘(ii) VALIDATION OF PASSPORTS.—Not 

25 later than October 1, 2016, the government 
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1 of the country certifies that it has in place 

2 mechanisms to validate passports described 

3 in subparagraphs (A) and (B) of subsection 

4 (a)(3) at each key port of entry into that 

5 country. This requirement shall not apply 

6 to travel between countries which fall with7 in the Schengen Zone.’’. 

8 (c) CONFORMING AMENDMENT.—Section 303(c) of the 

9 Enhanced Border Security and Visa Entry Reform Act of 

10 2002 is repealed (8 U.S.C. 1732(c)). 

11 SEC. 203. RESTRICTION ON USE OF VISA WAIVER PROGRAM 

12 FOR ALIENS WHO TRAVEL TO CERTAIN COUN13 TRIES. 

14 Section 217(a) of the Immigration and Nationality 

15 Act (8 U.S.C. 1187(a)), as amended by this Act, is further 

16 amended by adding at the end the following: 

17 ‘‘(12) NOT PRESENT IN IRAQ, SYRIA, OR ANY

18 OTHER COUNTRY OR AREA OF CONCERN.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraphs (B) and (C)— 

21 ‘‘(i) the alien has not been present, at 

22 any time on or after March 1, 2011— 

23 ‘‘(I) in Iraq or Syria; 

24 ‘‘(II) in a country that is des25 ignated by the Secretary of State under 
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1 section 6(j) of the Export Administra2 tion Act of 1979 (50 U.S.C. 2405) (as 

3 continued in effect under the Inter4 national Emergency Economic Powers 

5 Act (50 U.S.C. 1701 et seq.)), section 

6 40 of the Arms Export Control Act (22 

7 U.S.C. 2780), section 620A of the For8 eign Assistance Act of 1961 (22 U.S.C. 

9 2371), or any other provision of law, 

10 as a country, the government of which 

11 has repeatedly provided support of acts 

12 of international terrorism; or 

13 ‘‘(III) in any other country or 

14 area of concern designated by the Sec15 retary of Homeland Security under 

16 subparagraph (D); and 

17 ‘‘(ii) regardless of whether the alien is 

18 a national of a program country, the alien 

19 is not a national of— 

20 ‘‘(I) Iraq or Syria; 

21 ‘‘(II) a country that is designated, 

22 at the time the alien applies for admis23 sion, by the Secretary of State under 

24 section 6(j) of the Export Administra25 tion Act of 1979 (50 U.S.C. 2405) (as 
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1 continued in effect under the Inter2 national Emergency Economic Powers 

3 Act (50 U.S.C. 1701 et seq.)), section 

4 40 of the Arms Export Control Act (22 

5 U.S.C. 2780), section 620A of the For6 eign Assistance Act of 1961 (22 U.S.C. 

7 2371), or any other provision of law, 

8 as a country, the government of which 

9 has repeatedly provided support of acts 

10 of international terrorism; or 

11 ‘‘(III) any other country that is 

12 designated, at the time the alien ap13 plies for admission, by the Secretary of 

14 Homeland Security under subpara15 graph (D). 

16 ‘‘(B) CERTAIN MILITARY PERSONNEL AND

17 GOVERNMENT EMPLOYEES.—Subparagraph 

18 (A)(i) shall not apply in the case of an alien if 

19 the Secretary of Homeland Security determines 

20 that the alien was present— 

21 ‘‘(i) in order to perform military serv22 ice in the armed forces of a program coun23 try; or 
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1 ‘‘(ii) in order to carry out official du2 ties as a full time employee of the govern3 ment of a program country. 

4 ‘‘(C) WAIVER.—The Secretary of Homeland 

5 Security may waive the application of subpara6 graph (A) to an alien if the Secretary determines 

7 that such a waiver is in the law enforcement or 

8 national security interests of the United States. 

9 ‘‘(D) COUNTRIES OR AREAS OF CONCERN.— 

10 ‘‘(i) IN GENERAL.—Not later than 60 

11 days after the date of the enactment of this 

12 paragraph, the Secretary of Homeland Se13 curity, in consultation with the Secretary of 

14 State and the Director of National Intel15 ligence, shall determine whether the require16 ment under subparagraph (A) shall apply 

17 to any other country or area. 

18 ‘‘(ii) CRITERIA.—In making a deter19 mination under clause (i), the Secretary 

20 shall consider— 

21 ‘‘(I) whether the presence of an 

22 alien in the country or area increases 

23 the likelihood that the alien is a cred24 ible threat to the national security of 

25 the United States; 
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1 ‘‘(II) whether a foreign terrorist 

2 organization has a significant presence 

3 in the country or area; and 

4 ‘‘(III) whether the country or area 

5 is a safe haven for terrorists. 

6 ‘‘(iii) ANNUAL REVIEW.—The Sec7 retary shall conduct a review, on an annual 

8 basis, of any determination made under 

9 clause (i). 

10 ‘‘(E) REPORT.—Beginning not later than 

11 one year after the date of the enactment of this 

12 paragraph, and annually thereafter, the Sec13 retary of Homeland Security shall submit to the 

14 Committee on Homeland Security, the Com15 mittee on Foreign Affairs, the Permanent Select 

16 Committee on Intelligence, and the Committee on 

17 the Judiciary of the House of Representatives, 

18 and the Committee on Homeland Security and 

19 Governmental Affairs, the Committee on Foreign 

20 Relations, the Select Committee on Intelligence, 

21 and the Committee on the Judiciary of the Sen22 ate a report on each instance in which the Sec23 retary exercised the waiver authority under sub24 paragraph (C) during the previous year.’’. 
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1 SEC. 204. DESIGNATION REQUIREMENTS FOR PROGRAM 

2 COUNTRIES. 

3 (a) REPORTING LOST AND STOLEN PASSPORTS.—Sec4 tion 217(c)(2)(D) of the Immigration and Nationality Act 

5 (8 U.S.C. 1187(c)(2)(D)), as amended by this Act, is further 

6 amended by striking ‘‘within a strict time limit’’ and in7 serting ‘‘not later than 24 hours after becoming aware of 

8 the theft or loss’’. 

9 (b) INTERPOL SCREENING.—Section 217(c)(2) of the 

10 Immigration and Nationality Act (8 U.S.C. 1187(c)(2)), as 

11 amended by this Act, is further amended by adding at the 

12 end the following: 

13 ‘‘(G) INTERPOL SCREENING.—Not later 

14 than 270 days after the date of the enactment of 

15 this subparagraph, except in the case of a coun16 try in which there is not an international air17 port, the government of the country certifies to 

18 the Secretary of Homeland Security that, to the 

19 maximum extent allowed under the laws of the 

20 country, it is screening, for unlawful activity, 

21 each person who is not a citizen or national of 

22 that country who is admitted to or departs that 

23 country, by using relevant databases and notices 

24 maintained by Interpol, or other means des25 ignated by the Secretary of Homeland Security. 

26 This requirement shall not apply to travel be-
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1 tween countries which fall within the Schengen 

2 Zone.’’. 

3 (c) IMPLEMENTATION OF PASSENGER INFORMATION

4 EXCHANGE AGREEMENT.—Section 217(c)(2)(F) of the Im5 migration and Nationality Act (8 U.S.C. 1187(c)(2)(F)), 

6 as amended by this Act, is further amended by inserting 

7 before the period at the end the following: ‘‘, and fully im8 plements such agreement’’. 

9 (d) TERMINATION OF DESIGNATION.—Section 217(f) of 

10 the Immigration and Nationality Act (8 U.S.C. 1187(f)) 

11 is amended by adding at the end the following: 

12 ‘‘(6) FAILURE TO SHARE INFORMATION.— 

13 ‘‘(A) IN GENERAL.—If the Secretary of 

14 Homeland Security and the Secretary of State 

15 jointly determine that the program country is 

16 not sharing information, as required by sub17 section (c)(2)(F), the Secretary of Homeland Se18 curity shall terminate the designation of the 

19 country as a program country. 

20 ‘‘(B) REDESIGNATION.—In the case of a ter21 mination under this paragraph, the Secretary of 

22 Homeland Security shall redesignate the country 

23 as a program country, without regard to para24 graph (2) or (3) of subsection (c) or paragraphs 

25 (1) through (4), when the Secretary of Homeland 
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1 Security, in consultation with the Secretary of 

2 State, determines that the country is sharing in3 formation, as required by subsection (c)(2)(F). 

4 ‘‘(7) FAILURE TO SCREEN.— 

5 ‘‘(A) IN GENERAL.—Beginning on the date 

6 that is 270 days after the date of the enactment 

7 of this paragraph, if the Secretary of Homeland 

8 Security and the Secretary of State jointly deter9 mine that the program country is not conducting 

10 the screening required by subsection (c)(2)(G), 

11 the Secretary of Homeland Security shall termi12 nate the designation of the country as a program 

13 country. 

14 ‘‘(B) REDESIGNATION.—In the case of a ter15 mination under this paragraph, the Secretary of 

16 Homeland Security shall redesignate the country 

17 as a program country, without regard to para18 graph (2) or (3) of subsection (c) or paragraphs 

19 (1) through (4), when the Secretary of Homeland 

20 Security, in consultation with the Secretary of 

21 State, determines that the country is conducting 

22 the screening required by subsection (c)(2)(G).’’. 
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1 SEC. 205. REPORTING REQUIREMENTS. 

2 (a) IN GENERAL.—Section 217(c) of the Immigration 

3 and Nationality Act (8 U.S.C. 1187(c)), as amended by this 

4 Act, is further amended— 

5 (1) in paragraph (2)(C)(iii)— 

6 (A) by striking ‘‘and the Committee on 

7 International Relations’’ and inserting ‘‘, the 

8 Committee on Foreign Affairs, and the Com9 mittee on Homeland Security’’; and 

10 (B) by striking ‘‘and the Committee on For11 eign Relations’’ and inserting ‘‘, the Committee 

12 on Foreign Relations, and the Committee on 

13 Homeland Security and Governmental Affairs’’; 

14 and 

15 (2) in paragraph (5)(A)(i)— 

16 (A) in subclause (III)— 

17 (i) by inserting after ‘‘the Committee 

18 on Foreign Affairs,’’ the following: ‘‘the Per19 manent Select Committee on Intelligence,’’; 

20 (ii) by inserting after ‘‘the Committee 

21 on Foreign Relations,’’ the following: ‘‘the 

22 Select Committee on Intelligence’’; and 

23 (iii) by striking ‘‘and’’ at the end; 

24 (B) in subclause (IV), by striking the period 

25 at the end and inserting the following: ‘‘; and’’; 

26 and 
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1 (C) by adding at the end the following: 

2 ‘‘(V) shall submit to the commit3 tees described in subclause (III), a re4 port that includes an assessment of the 

5 threat to the national security of the 

6 United States of the designation of 

7 each country designated as a program 

8 country, including the compliance of 

9 the government of each such country 

10 with the requirements under subpara11 graphs (D) and (F) of paragraph (2), 

12 as well as each such government’s ca13 pacity to comply with such require14 ments.’’. 

15 (b) DATE OF SUBMISSION OF FIRST REPORT.—The 

16 Secretary of Homeland Security shall submit the first re17 port described in subclause (V) of section 217(c)(5)(A)(i) 

18 of the Immigration and Nationality Act (8 U.S.C. 

19 (c)(5)(A)(i)), as added by subsection (a), not later than 90 

20 days after the date of the enactment of this Act. 

21 SEC. 206. HIGH RISK PROGRAM COUNTRIES. 

22 Section 217(c) of the Immigration and Nationality Act 

23 (8 U.S.C. 1187(c)), as amended by this Act, is further 

24 amended by adding at the end the following: 
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1 ‘‘(12) DESIGNATION OF HIGH RISK PROGRAM

2 COUNTRIES.— 

3 ‘‘(A) IN GENERAL.—The Secretary of Home4 land Security, in consultation with the Director 

5 of National Intelligence and the Secretary of 

6 State, shall evaluate program countries on an 

7 annual basis based on the criteria described in 

8 subparagraph (B) and shall identify any pro9 gram country, the admission of nationals from 

10 which under the visa waiver program under this 

11 section, the Secretary determines presents a high 

12 risk to the national security of the United States. 

13 ‘‘(B) CRITERIA.—In evaluating program 

14 countries under subparagraph (A), the Secretary 

15 of Homeland Security, in consultation with the 

16 Director of National Intelligence and the Sec17 retary of State, shall consider the following cri18 teria: 

19 ‘‘(i) The number of nationals of the 

20 country determined to be ineligible to travel 

21 to the United States under the program 

22 during the previous year. 

23 ‘‘(ii) The number of nationals of the 

24 country who were identified in United 

25 States Government databases related to the 
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1 identities of known or suspected terrorists 

2 during the previous year. 

3 ‘‘(iii) The estimated number of nation4 als of the country who have traveled to Iraq 

5 or Syria at any time on or after March 1, 

6 2011 to engage in terrorism. 

7 ‘‘(iv) The capacity of the country to 

8 combat passport fraud. 

9 ‘‘(v) The level of cooperation of the 

10 country with the counter-terrorism efforts of 

11 the United States. 

12 ‘‘(vi) The adequacy of the border and 

13 immigration control of the country. 

14 ‘‘(vii) Any other criteria the Secretary 

15 of Homeland Security determines to be ap16 propriate. 

17 ‘‘(C) SUSPENSION OF DESIGNATION.—The 

18 Secretary of Homeland Security, in consultation 

19 with the Secretary of State, may suspend the 

20 designation of a program country based on a de21 termination that the country presents a high risk 

22 to the national security of the United States 

23 under subparagraph (A) until such time as the 

24 Secretary determines that the country no longer 

25 presents such a risk. 
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1 ‘‘(D) REPORT.—Not later than 60 days 

2 after the date of the enactment of this paragraph, 

3 and annually thereafter, the Secretary of Home4 land Security, in consultation with the Director 

5 of National Intelligence and the Secretary of 

6 State, shall submit to the Committee on Home7 land Security, the Committee on Foreign Affairs, 

8 the Permanent Select Committee on Intelligence, 

9 and the Committee on the Judiciary of the 

10 House of Representatives, and the Committee on 

11 Homeland Security and Governmental Affairs, 

12 the Committee on Foreign Relations, the Select 

13 Committee on Intelligence, and the Committee on 

14 the Judiciary of the Senate a report, which in15 cludes an evaluation and threat assessment of 

16 each country determined to present a high risk 

17 to the national security of the United States 

18 under subparagraph (A).’’. 

19 SEC. 207. ENHANCEMENTS TO THE ELECTRONIC SYSTEM 

20 FOR TRAVEL AUTHORIZATION. 

21 (a) IN GENERAL.—Section 217(h)(3) of the Immigra22 tion and Nationality Act (8 U.S.C. 1187(h)(3)) is amend23 ed— 

24 (1) in subparagraph (C)(i), by inserting after 

25 ‘‘any such determination’’ the following: ‘‘or shorten 
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1 the period of eligibility under any such determina2 tion’’; 

3 (2) by striking subparagraph (D) and inserting 

4 the following: 

5 ‘‘(D) FRAUD DETECTION.—The Secretary of 

6 Homeland Security shall research opportunities 

7 to incorporate into the System technology that 

8 will detect and prevent fraud and deception in 

9 the System. 

10 ‘‘(E) ADDITIONAL AND PREVIOUS COUN11 TRIES OF CITIZENSHIP.—The Secretary of 

12 Homeland Security shall collect from an appli13 cant for admission pursuant to this section in14 formation on any additional or previous coun15 tries of citizenship of that applicant. The Sec16 retary shall take any information so collected 

17 into account when making determinations as to 

18 the eligibility of the alien for admission pursu19 ant to this section. 

20 ‘‘(F) REPORT ON CERTAIN LIMITATIONS ON

21 TRAVEL.—Not later than 30 days after the date 

22 of the enactment of this subparagraph and annu23 ally thereafter, the Secretary of Homeland Secu24 rity, in consultation with the Secretary of State, 

25 shall submit to the Committee on Homeland Se-
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1 curity, the Committee on the Judiciary, and the 

2 Committee on Foreign Affairs of the House of 

3 Representatives, and the Committee on Home4 land Security and Governmental Affairs, the 

5 Committee on the Judiciary, and the Committee 

6 on Foreign Relations of the Senate a report on 

7 the number of individuals who were denied eligi8 bility to travel under the program, or whose eli9 gibility for such travel was revoked during the 

10 previous year, and the number of such individ11 uals determined, in accordance with subsection 

12 (a)(6), to represent a threat to the national secu13 rity of the United States, and shall include the 

14 country or countries of citizenship of each such 

15 individual.’’. 

16 (b) REPORT.—Not later than 30 days after the date 

17 of the enactment of this Act, the Secretary of Homeland Se18 curity, in consultation with the Secretary of State, shall 

19 submit to the Committee on Homeland Security, the Com20 mittee on the Judiciary, and the Committee on Foreign Af21 fairs of the House of Representatives, and the Committee 

22 on Homeland Security and Governmental Affairs, the Com23 mittee on the Judiciary, and the Committee on Foreign Re24 lations of the Senate a report on steps to strengthen the 

25 electronic system for travel authorization authorized under 
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1 section 217(h)(3) of the Immigration and Nationality Act 

2 (8 U.S.C. 1187(h)(3))) in order to better secure the inter3 national borders of the United States and prevent terrorists 

4 and instruments of terrorism from entering the United 

5 States. 

6 SEC. 208. PROVISION OF ASSISTANCE TO NON-PROGRAM 

7 COUNTRIES. 

8 The Secretary of Homeland Security, in consultation 

9 with the Secretary of State, shall provide assistance in a 

10 risk-based manner to countries that do not participate in 

11 the visa waiver program under section 217 of the Immigra12 tion and Nationality Act (8 U.S.C. 1187) to assist those 

13 countries in— 

14 (1) submitting to Interpol information about the 

15 theft or loss of passports of citizens or nationals of 

16 such a country; and 

17 (2) issuing, and validating at the ports of entry 

18 of such a country, electronic passports that are fraud19 resistant, contain relevant biographic and biometric 

20 information (as determined by the Secretary of 

21 Homeland Security), and otherwise satisfy inter22 nationally accepted standards for electronic passports. 

23 SEC. 209. CLERICAL AMENDMENTS. 

24 (a) SECRETARY OF HOMELAND SECURITY.—Section 

25 217 of the Immigration and Nationality Act (8 U.S.C. 
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1 1187), as amended by this Act, is further amended by strik2 ing ‘‘Attorney General’’ each place such term appears (ex3 cept in subsection (c)(11)(B)) and inserting ‘‘Secretary of 

4 Homeland Security’’. 

5 (b) ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZA6 TION.—Section 217 of the Immigration and Nationality 

7 Act (8 U.S.C. 1187), as amended this Act, is further amend8 ed— 

9 (1) by striking ‘‘electronic travel authorization 

10 system’’ each place it appears and inserting ‘‘elec11 tronic system for travel authorization’’; 

12 (2) in the heading in subsection (a)(11), by 

13 striking ‘‘ELECTRONIC TRAVEL AUTHORIZATION SYS14 TEM’’ and inserting ‘‘ELECTRONIC SYSTEM FOR TRAV15 EL AUTHORIZATION’’; and 

16 (3) in the heading in subsection (h)(3), by strik17 ing ‘‘ELECTRONIC TRAVEL AUTHORIZATION SYSTEM’’ 

18 and inserting ‘‘ELECTRONIC SYSTEM FOR TRAVEL AU19 THORIZATION’’. 

20 SEC. 210. SENSE OF CONGRESS. 

21 It is the sense of Congress that the International Civil 

22 Aviation Organization, the specialized agency of the United 

23 Nations responsible for establishing international stand24 ards, specifications, and best practices related to the admin25 istration and governance of border controls and inspection 
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1 formalities, should establish standards for the introduction 

2 of electronic passports (referred to in this section as ‘‘e-pass3 ports’’), and obligate member countries to utilize such e4 passports as soon as possible. Such e-passports should be 

5 a combined paper and electronic passport that contains bio6 graphic and biometric information that can be used to au7 thenticate the identity of travelers through an embedded 

8 chip. 

9 TITLE III—JAMES ZADROGA 9/11 

10 HEALTH AND COMPENSATION 

11 REAUTHORIZATION ACT 

12 SEC. 301. SHORT TITLE. 

13 This title may be cited as the ‘‘James Zadroga 9/11 

14 Health and Compensation Reauthorization Act’’. 

15 SEC. 302. REAUTHORIZING THE WORLD TRADE CENTER 

16 HEALTH PROGRAM. 

17 (a) WORLD TRADE CENTER HEALTH PROGRAM

18 FUND.—Section 3351 of the Public Health Service Act (42 

19 U.S.C. 300mm–61) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (2)— 

22 (i) in the matter preceding subpara23 graph (A), by striking ‘‘each of fiscal years 

24 2012’’ and all that follows through ‘‘2011)’’ 

25 and inserting ‘‘fiscal year 2016 and each 
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1 subsequent fiscal year through fiscal year 

2 2090’’; and 

3 (ii) by striking subparagraph (A) and 

4 inserting the following: 

5 ‘‘(A) the Federal share, consisting of an 

6 amount equal to— 

7 ‘‘(i) for fiscal year 2016, $330,000,000; 

8 ‘‘(ii) for fiscal year 2017, 

9 $345,610,000; 

10 ‘‘(iii) for fiscal year 2018, 

11 $380,000,000; 

12 ‘‘(iv) for fiscal year 2019, 

13 $440,000,000; 

14 ‘‘(v) for fiscal year 2020, $485,000,000; 

15 ‘‘(vi) for fiscal year 2021, 

16 $501,000,000; 

17 ‘‘(vii) for fiscal year 2022, 

18 $518,000,000; 

19 ‘‘(viii) for fiscal year 2023, 

20 $535,000,000; 

21 ‘‘(ix) for fiscal year 2024, 

22 $552,000,000; 

23 ‘‘(x) for fiscal year 2025, $570,000,000; 

24 and 
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1 ‘‘(xi) for each subsequent fiscal year 

2 through fiscal year 2090, the amount speci3 fied under this subparagraph for the pre4 vious fiscal year increased by the percentage 

5 increase in the consumer price index for all 

6 urban consumers (all items; United States 

7 city average) as estimated by the Secretary 

8 for the 12-month period ending with March 

9 of the previous year; plus’’; and 

10 (B) by striking paragraph (4) and inserting 

11 the following: 

12 ‘‘(4) AMOUNTS FROM PRIOR FISCAL YEARS.— 

13 Amounts that were deposited, or identified for deposit, 

14 into the Fund for any fiscal year under paragraph 

15 (2), as such paragraph was in effect on the day before 

16 the date of enactment of the James Zadroga 9/11 

17 Health and Compensation Reauthorization Act, that 

18 were not expended in carrying out this title for any 

19 such fiscal year, shall remain deposited, or be depos20 ited, as the case may be, into the Fund. 

21 ‘‘(5) AMOUNTS TO REMAIN AVAILABLE UNTIL EX22 PENDED.—Amounts deposited into the Fund under 

23 this subsection, including amounts deposited under 

24 paragraph (2) as in effect on the day before the date 

25 of enactment of the James Zadroga 9/11 Health and 
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1 Compensation Reauthorization Act, for a fiscal year 

2 shall remain available, for the purposes described in 

3 this title, until expended for such fiscal year and any 

4 subsequent fiscal year through fiscal year 2090.’’; 

5 (2) in subsection (b)(1), by striking ‘‘sections 

6 3302(a)’’ and all that follows through ‘‘3342’’ and in7 serting ‘‘sections 3301(e), 3301(f), 3302(a), 3302(b), 

8 3303, 3304, 3305(a)(1), 3305(a)(2), 3305(c), 3341, 

9 and 3342’’; and 

10 (3) in subsection (c)— 

11 (A) in paragraph (1)— 

12 (i) by striking subparagraph (B); 

13 (ii) by redesignating subparagraph (C) 

14 as subparagraph (B); and 

15 (iii) by amending subparagraph (A) to 

16 read as follows: 

17 ‘‘(A) for fiscal year 2016, the amount deter18 mined for such fiscal year under subparagraph 

19 (C) as in effect on the day before the date of en20 actment of the James Zadroga 9/11 Health and 

21 Compensation Reauthorization Act; and’’; 

22 (B) in paragraph (2)— 

23 (i) by amending subparagraph (A) to 

24 read as follows: 

25 ‘‘(A) for fiscal year 2016, $200,000;’’; 
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1 (ii) by striking subparagraph (B); and 

2 (iii) by redesignating subparagraph 

3 (C) as subparagraph (B); 

4 (C) in paragraph (3), by striking ‘‘section 

5 3303’’ and all that follows and inserting ‘‘section 

6 3303, for fiscal year 2016 and each subsequent 

7 fiscal year, $750,000.’’; 

8 (D) in paragraph (4), by striking subpara9 graphs (A) and (B) and inserting the following: 

10 ‘‘(A) for fiscal year 2016, the amount deter11 mined for such fiscal year under subparagraph 

12 (C) as in effect on the day before the date of en13 actment of the James Zadroga 9/11 Health and 

14 Compensation Reauthorization Act; 

15 ‘‘(B) for fiscal year 2017, $15,000,000; 

16 and’’; 

17 (E) in paragraph (5)— 

18 (i) by striking subparagraph (B); 

19 (ii) by redesignating subparagraph (C) 

20 as subparagraph (B); and 

21 (iii) by amending subparagraph (A) to 

22 read as follows: 

23 ‘‘(A) for fiscal year 2016, the amount deter24 mined for such fiscal year under subparagraph 

25 (C) as in effect on the day before the date of en-
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1 actment of the James Zadroga 9/11 Health and 

2 Compensation Reauthorization Act; and’’; and 

3 (F) in paragraph (6)— 

4 (i) by striking subparagraph (B); 

5 (ii) by redesignating subparagraph (C) 

6 as subparagraph (B); and 

7 (iii) by amending subparagraph (A) to 

8 read as follows: 

9 ‘‘(A) for fiscal year 2016, the amount deter10 mined for such fiscal year under subparagraph 

11 (C) as in effect on the day before the date of en12 actment of the James Zadroga 9/11 Health and 

13 Compensation Reauthorization Act; and’’. 

14 (b) GAO STUDIES; REGULATIONS; TERMINATION.— 

15 Section 3301 of the Public Health Service Act (42 U.S.C. 

16 300mm) is amended by adding at the end the following: 

17 ‘‘(i) GAO STUDIES.— 

18 ‘‘(1) REPORT.—Not later than 18 months after 

19 the date of the enactment of the James Zadroga 9/11 

20 Health and Compensation Reauthorization Act, the 

21 Comptroller General of the United States shall submit 

22 to the Committee on Energy and Commerce of the 

23 House of Representatives and the Committee on 

24 Health, Education, Labor, and Pensions of the Senate 
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1 a report that assesses, with respect to the WTC Pro2 gram, the effectiveness of each of the following: 

3 ‘‘(A) The quality assurance program devel4 oped and implemented under subsection (e). 

5 ‘‘(B) The procedures for providing certifi6 cations of coverage of conditions as WTC-related 

7 health conditions for enrolled WTC responders 

8 under section 3312(b)(2)(B)(iii) and for screen9 ing-eligible WTC survivors and certified-eligible 

10 WTC survivors under such section as applied 

11 under section 3322(a). 

12 ‘‘(C) Any action under the WTC Program 

13 to ensure appropriate payment (including the 

14 avoidance of improper payments), including de15 termining the extent to which individuals en16 rolled in the WTC Program are eligible for work17 ers compensation or sources of health coverage, 

18 ascertaining the liability of such compensation 

19 or sources of health coverage, and making rec20 ommendations for ensuring effective and efficient 

21 coordination of benefits for individuals enrolled 

22 in the WTC Program that does not place an 

23 undue burden on such individuals. 

24 ‘‘(2) SUBSEQUENT ASSESSMENTS.—Not later 

25 than 6 years and 6 months after the date of enact-
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1 ment of the James Zadroga 9/11 Health and Com2 pensation Reauthorization Act, and every 5 years 

3 thereafter through fiscal year 2042, the Comptroller 

4 General of the United States shall— 

5 ‘‘(A) consult the Committee on Energy and 

6 Commerce of the House of Representatives and 

7 the Committee on Health, Education, Labor, and 

8 Pensions of the Senate on the objectives in assess9 ing the WTC Program; and 

10 ‘‘(B) prepare and submit to such Commit11 tees a report that assesses the WTC Program for 

12 the applicable reporting period, including the ob13 jectives described in subparagraph (A). 

14 ‘‘(j) REGULATIONS.—The WTC Program Adminis15 trator is authorized to promulgate such regulations as the 

16 Administrator determines necessary to administer this title. 

17 ‘‘(k) TERMINATION.—The WTC Program shall termi18 nate on October 1, 2090.’’. 

19 (c) CLINICAL CENTERS OF EXCELLENCE AND DATA

20 CENTERS.—Section 3305 of the Public Health Service Act 

21 (42 U.S.C. 300mm–4) is amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (1)(B), by inserting ‘‘and 

24 retention’’ after ‘‘outreach’’; and 
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1 (B) in paragraph (2)(A)(iii), by inserting 

2 ‘‘and retention’’ after ‘‘outreach’’; and 

3 (2) in subsection (b)(1)(B)(vi), by striking ‘‘sec4 tion 3304(c)’’ and inserting ‘‘section 3304(d)’’. 

5 (d) WORLD TRADE CENTER RESPONDERS.—Section 

6 3311(a)(4)(B)(i)(II) of the Public Health Service Act (42 

7 U.S.C. 300mm–21(a)(4)(B)(i)(II)) is amended by striking 

8 ‘‘through the end of fiscal year 2020’’. 

9 (e) ADDITIONS TO LIST OF HEALTH CONDITIONS FOR

10 WTC RESPONDERS.— 

11 (1) EXPANDING TIME FOR ACTIONS BY ADMINIS12 TRATOR AND BY ADVISORY COMMITTEE.—Section 

13 3312(a)(6) of the Public Health Service Act (42 

14 U.S.C. 300mm–22(a)(6)) is amended— 

15 (A) in subparagraph (B), in the matter pre16 ceding clause (i), by striking ‘‘60 days’’ and in17 serting ‘‘90 days’’; and 

18 (B) in subparagraph (C), by striking ‘‘60 

19 days’’ each place such term appears and insert20 ing ‘‘90 days’’. 

21 (2) PEER REVIEW FOR DECISIONS; ENHANCED

22 ROLE OF ADVISORY COMMITTEE.—Section 3312(a)(6) 

23 of the Public Health Service Act (42 U.S.C. 300mm– 

24 22(a)(6)), as amended by paragraph (1), is further 

25 amended by adding at the end the following: 
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1 ‘‘(F) INDEPENDENT PEER REVIEWS.—Prior 

2 to issuing a final rule to add a health condition 

3 to the list in paragraph (3), the WTC Program 

4 Administrator shall provide for an independent 

5 peer review of the scientific and technical evi6 dence that would be the basis for issuing such 

7 final rule. 

8 ‘‘(G) ADDITIONAL ADVISORY COMMITTEE

9 RECOMMENDATIONS.— 

10 ‘‘(i) PROGRAM POLICIES.— 

11 ‘‘(I) EXISTING POLICIES.—Not 

12 later than 1 year after the date of en13 actment of the James Zadroga 9/11 

14 Health and Compensation Reauthor15 ization Act, the WTC Program Admin16 istrator shall request the Advisory 

17 Committee to review and evaluate the 

18 policies and procedures, in effect at the 

19 time of the review and evaluation, that 

20 are used to determine whether suffi21 cient evidence exists to support adding 

22 a health condition to the list in para23 graph (3). 

24 ‘‘(II) SUBSEQUENT POLICIES.— 

25 Prior to establishing any substantive 
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1 new policy or procedure used to make 

2 the determination described in sub3 clause (I) or prior to making any sub4 stantive amendment to any policy or 

5 procedure described in such subclause, 

6 the WTC Program Administrator shall 

7 request the Advisory Committee to re8 view and evaluate such substantive 

9 policy, procedure, or amendment. 

10 ‘‘(ii) IDENTIFICATION OF INDIVIDUALS

11 CONDUCTING INDEPENDENT PEER RE12 VIEWS.—Not later than 1 year after the 

13 date of enactment of the James Zadroga 9/ 

14 11 Health and Compensation Reauthoriza15 tion Act and not less than every 2 years 

16 thereafter, the WTC Program Administrator 

17 shall seek recommendations from the Advi18 sory Committee regarding the identification 

19 of individuals to conduct the independent 

20 peer reviews under subparagraph (F).’’. 

21 (f) WORLD TRADE CENTER SURVIVORS.—Section 

22 3321(a)(3)(B)(i)(II) of the Public Health Service Act (42 

23 U.S.C. 300mm–31(a)(3)(B)(i)(II)) is amended by striking 

24 ‘‘through the end of fiscal year 2020’’. 
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1 (g) PAYMENT OF CLAIMS.—Section 3331(d)(1)(B) of 

2 the Public Health Service Act (42 U.S.C. 300mm– 

3 41(d)(1)(B)) is amended— 

4 (1) by striking ‘‘the last calendar quarter’’ and 

5 all that follows through ‘‘2015’’ and inserting ‘‘each 

6 calendar quarter of fiscal year 2016 and of each sub7 sequent fiscal year through fiscal year 2090,’’; and 

8 (2) by striking ‘‘and with respect to calendar 

9 quarters in fiscal year 2016’’ and all that follows and 

10 inserting a period. 

11 (h) WORLD TRADE CENTER HEALTH REGISTRY.— 

12 Section 3342 of the Public Health Service Act (42 U.S.C. 

13 300mm–52) is amended by striking ‘‘April 20, 2009’’ and 

14 inserting ‘‘January 1, 2015’’. 

15 TITLE IV—JAMES ZADROGA 9/11 

16 VICTIM COMPENSATION FUND 

17 REAUTHORIZATION 

18 SEC. 401. SHORT TITLE. 

19 This title may be cited as the ‘‘James Zadroga 9/11 

20 Victim Compensation Fund Reauthorization Act’’. 

21 SEC. 402. REAUTHORIZING THE SEPTEMBER 11TH VICTIM 

22 COMPENSATION FUND OF 2001. 

23 (a) DEFINITIONS.—Section 402 of the Air Transpor24 tation Safety and System Stabilization Act (49 U.S.C. 

25 40101 note) is amended— 
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1 (1) in paragraph (9)— 

2 (A) by striking ‘‘medical expense loss,’’; and 

3 (B) by striking ‘‘and loss of business or em4 ployment opportunities’’ and inserting ‘‘loss of 

5 business or employment opportunities, and past 

6 out-of-pocket medical expense loss but not future 

7 medical expense loss’’; 

8 (2) by redesignating paragraph (14) as para9 graph (16); 

10 (3) by inserting after paragraph (13), the fol11 lowing: 

12 ‘‘(14) WTC PROGRAM ADMINISTRATOR.—The 

13 term ‘WTC Program Administrator’ has the meaning 

14 given such term in section 3306 of the Public Health 

15 Service Act (42 U.S.C. 300mm–5). 

16 ‘‘(15) WTC-RELATED PHYSICAL HEALTH CONDI17 TION.—The term ‘WTC-related physical health condi18 tion’— 

19 ‘‘(A) means, subject to subparagraph (B), a 

20 WTC-related health condition as defined by sec21 tion 3312(a) of the Public Health Service Act 

22 (42 U.S.C. 300mm–22(a)), including the condi23 tions listed in section 3322(b) of such Act (42 

24 U.S.C. 300mm–32(b)); and 

25 ‘‘(B) does not include— 
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1 ‘‘(i) a mental health condition de2 scribed in paragraph (1)(A)(ii) or (3)(B) of 

3 section 3312(a) of such Act (42 U.S.C. 

4 300mm–22(a)); 

5 ‘‘(ii) any mental health condition cer6 tified under section 3312(b)(2)(B)(iii) of 

7 such Act (42 U.S.C. 300mm– 

8 22(b)(2)(B)(iii)) (including such certifi9 cation as applied under section 3322(a) of 

10 such Act (42 U.S.C. 300mm–32(a)); 

11 ‘‘(iii) a mental health condition de12 scribed in section 3322(b)(2) of such Act (42 

13 U.S.C. 300mm–32(b)(2)); or 

14 ‘‘(iv) any other mental health condi15 tion.’’; and 

16 (4) in paragraph (16), as redesignated by para17 graph (2), by striking subparagraph (C) and insert18 ing the following: 

19 ‘‘(C) the area in Manhattan that is south of 

20 the line that runs along Canal Street from the 

21 Hudson River to the intersection of Canal Street 

22 and East Broadway, north on East Broadway to 

23 Clinton Street, and east on Clinton Street to the 

24 East River;’’. 
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1 (b) PURPOSE.—Section 403 of the Air Transportation 

2 Safety and System Stabilization Act (49 U.S.C. 40101 

3 note) is amended— 

4 (1) by inserting ‘‘full’’ before ‘‘compensation’’; 

5 and 

6 (2) by inserting ‘‘, or the rescue and recovery ef7 forts during the immediate aftermath of such crashes’’ 

8 before the period. 

9 (c) ELIGIBILITY REQUIREMENTS FOR FILING

10 CLAIMS.—Section 405 of the Air Transportation Safety 

11 and System Stabilization Act (49 U.S.C. 40101 note) is 

12 amended— 

13 (1) in subsection (a)(3)— 

14 (A) by striking subparagraph (B) and in15 serting the following: 

16 ‘‘(B) EXCEPTION.—A claim may be filed 

17 under paragraph (1), in accordance with sub18 section (c)(3)(A)(i), by an individual (or by a 

19 personal representative on behalf of a deceased 

20 individual) during the period beginning on the 

21 date on which the regulations are updated under 

22 section 407(b)(1) and ending on the date that is 

23 5 years after the date of enactment of the James 

24 Zadroga 9/11 Victim Compensation Fund Reau25 thorization Act. 
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•HR 2029 EAH 

1 ‘‘(C) SPECIAL MASTER DETERMINATION.— 

2 ‘‘(i) IN GENERAL.—For claims filed 

3 under this title during the period described 

4 in subparagraph (B), the Special Master 

5 shall establish a system for determining 

6 whether, for purposes of this title, the claim 

7 is— 

8 ‘‘(I) a claim in Group A, as de9 scribed in clause (ii); or 

10 ‘‘(II) a claim in Group B, as de11 scribed in clause (iii). 

12 ‘‘(ii) GROUP A CLAIMS.—A claim 

13 under this title is a claim in Group A if— 

14 ‘‘(I) the claim is filed under this 

15 title during the period described in 

16 subparagraph (B); and 

17 ‘‘(II) on or before the day before 

18 the date of enactment of the James 

19 Zadroga 9/11 Victim Compensation 

20 Fund Reauthorization Act, the Special 

21 Master postmarks and transmits a 

22 final award determination to the 

23 claimant filing such claim. 
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1 ‘‘(iii) GROUP B CLAIMS.—A claim 

2 under this title is a claim in Group B if the 

3 claim— 

4 ‘‘(I) is filed under this title dur5 ing the period described in subpara6 graph (B); and 

7 ‘‘(II) is not a claim described in 

8 clause (ii). 

9 ‘‘(iv) DEFINITION OF FINAL AWARD DE10 TERMINATION.—For purposes of this sub11 paragraph, the term ‘final award deter12 mination’ means a letter from the Special 

13 Master indicating the total amount of com14 pensation to which a claimant is entitled 

15 for a claim under this title without regard 

16 to the limitation under the second sentence 

17 of section 406(d)(1), as such section was in 

18 effect on the day before the date of enact19 ment of the James Zadroga 9/11 Victim 

20 Compensation Fund Reauthorization Act.’’; 

21 (2) in subsection (b)— 

22 (A) in paragraph (1)(B)(ii), by inserting 

23 ‘‘subject to paragraph (7),’’ before ‘‘the amount’’; 

24 (B) in paragraph (6)— 
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1 (i) by striking ‘‘The Special Master’’ 

2 and inserting the following: 

3 ‘‘(A) IN GENERAL.—The Special Master’’; 

4 and 

5 (ii) by adding at the end the following: 

6 ‘‘(B) GROUP B CLAIMS.—Notwithstanding 

7 any other provision of this title, in the case of 

8 a claim in Group B as described in subsection 

9 (a)(3)(C)(iii), a claimant filing such claim shall 

10 receive an amount of compensation under this 

11 title for such claim that is not greater than the 

12 amount determined under paragraph (1)(B)(ii) 

13 less the amount of any collateral source com14 pensation that such claimant has received or is 

15 entitled to receive for such claim as a result of 

16 the terrorist-related aircraft crashes of September 

17 11, 2001.’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(7) LIMITATIONS FOR GROUP B CLAIMS.— 

20 ‘‘(A) NONECONOMIC LOSSES.—With respect 

21 to a claim in Group B as described in subsection 

22 (a)(3)(C)(iii), the total amount of compensation 

23 to which a claimant filing such claim is entitled 

24 to receive for such claim under this title on ac25 count of any noneconomic loss— 
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1 ‘‘(i) that results from any type of can2 cer shall not exceed $250,000; and 

3 ‘‘(ii) that does not result from any type 

4 of cancer shall not exceed $90,000. 

5 ‘‘(B) DETERMINATION OF ECONOMIC

6 LOSS.— 

7 ‘‘(i) IN GENERAL.—Subject to the limi8 tation described in clause (ii) and with re9 spect to a claim in Group B as described in 

10 subsection (a)(3)(C)(iii), the Special Master 

11 shall, for purposes of calculating the 

12 amount of compensation to which a claim13 ant is entitled under this title for such 

14 claim on account of any economic loss, de15 termine the loss of earnings or other benefits 

16 related to employment by using the applica17 ble methodology described in section 104.43 

18 or 104.45 of title 28, Code of Federal Regu19 lations, as such Code was in effect on the 

20 day before the date of enactment of the 

21 James Zadroga 9/11 Victim Compensation 

22 Fund Reauthorization Act. 

23 ‘‘(ii) ANNUAL GROSS INCOME LIMITA24 TION.—In considering annual gross income 

25 under clause (i) for the purposes described 
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1 in such clause, the Special Master shall, for 

2 each year of any loss of earnings or other 

3 benefits related to employment, limit the 

4 annual gross income of the claimant (or de5 cedent in the case of a personal representa6 tive) for each such year to an amount that 

7 is not greater than $200,000. 

8 ‘‘(C) GROSS INCOME DEFINED.—For pur9 poses of this paragraph, the term ‘gross income’ 

10 has the meaning given such term in section 61 

11 of the Internal Revenue Code of 1986.’’; and 

12 (3) in subsection (c)(3)— 

13 (A) in subparagraph (A)— 

14 (i) in clause (ii), in the matter pre15 ceding subclause (I), by striking ‘‘An indi16 vidual’’ and inserting ‘‘Except with respect 

17 to claims in Group B as described in sub18 section (a)(3)(C)(iii), an individual’’; 

19 (ii) in clause (iii), by striking ‘‘section 

20 407(a)’’ and inserting ‘‘section 407(b)(1)’’; 

21 and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(iv) GROUP B CLAIMS.— 
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1 ‘‘(I) IN GENERAL.—Subject to 

2 subclause (II), an individual filing a 

3 claim in Group B as described in sub4 section (a)(3)(C)(iii) may be eligible 

5 for compensation under this title only 

6 if the Special Master, with assistance 

7 from the WTC Program Administrator 

8 as necessary, determines based on the 

9 evidence presented that the individual 

10 has a WTC-related physical health con11 dition, as defined by section 402 of this 

12 Act. 

13 ‘‘(II) PERSONAL REPRESENTA14 TIVES.—An individual filing a claim 

15 in Group B, as described in subsection 

16 (a)(3)(C)(iii), who is a personal rep17 resentative described in paragraph 

18 (2)(C) may be eligible for compensa19 tion under this title only if the Special 

20 Master, with assistance from the WTC 

21 Program Administrator as necessary, 

22 determines based on the evidence pre23 sented that the applicable decedent suf24 fered from a condition that was, or 

25 would have been determined to be, a 
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1 WTC-related physical health condition, 

2 as defined by section 402 of this Act.’’; 

3 and 

4 (B) in subparagraph (C)(ii)(II), by striking 

5 ‘‘section 407(b)’’ and inserting ‘‘section 

6 407(b)(1)’’. 

7 (d) PAYMENTS TO ELIGIBLE INDIVIDUALS.—Section 

8 406 of the Air Transportation Safety and System Stabiliza9 tion Act (49 U.S.C. 40101 note) is amended— 

10 (1) in subsection (b), by striking ‘‘This title’’ and 

11 inserting ‘‘For the purpose of providing compensation 

12 for claims in Group A as described in section 

13 405(a)(3)(C)(ii), this title’’; and 

14 (2) by amending subsection (d) to read as fol15 lows: 

16 ‘‘(d) LIMITATIONS.— 

17 ‘‘(1) GROUP A CLAIMS.— 

18 ‘‘(A) IN GENERAL.—The total amount of 

19 Federal funds paid for compensation under this 

20 title, with respect to claims in Group A as de21 scribed in section 405(a)(3)(C)(ii), shall not ex22 ceed $2,775,000,000. 

23 ‘‘(B) REMAINDER OF CLAIM AMOUNTS.—In 

24 the case of a claim in Group A as described in 

25 section 405(a)(3)(C)(ii) and for which the Spe-
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1 cial Master has ratably reduced the amount of 

2 compensation for such claim pursuant to para3 graph (2) of this subsection, as this subsection 

4 was in effect on the day before the date of enact5 ment of the James Zadroga 9/11 Victim Com6 pensation Fund Reauthorization Act, the Special 

7 Master shall, as soon as practicable after the date 

8 of enactment of such Act, authorize payment of 

9 the amount of compensation that is equal to the 

10 difference between— 

11 ‘‘(i) the amount of compensation that 

12 the claimant would have been paid under 

13 this title for such claim without regard to 

14 the limitation under the second sentence of 

15 paragraph (1) of this subsection, as this 

16 subsection was in effect on the day before 

17 the date of enactment of the James Zadroga 

18 9/11 Victim Compensation Fund Reauthor19 ization Act; and 

20 ‘‘(ii) the amount of compensation the 

21 claimant was paid under this title for such 

22 claim prior to the date of enactment of such 

23 Act. 

24 ‘‘(2) GROUP B CLAIMS.— 
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1 ‘‘(A) IN GENERAL.—The total amount of 

2 Federal funds paid for compensation under this 

3 title, with respect to claims in Group B as de4 scribed in section 405(a)(3)(C)(iii), shall not ex5 ceed the amount of funds deposited into the Vic6 tims Compensation Fund under section 410. 

7 ‘‘(B) PAYMENT SYSTEM.—The Special Mas8 ter shall establish a system for providing com9 pensation for claims in Group B as described in 

10 section 405(a)(3)(C)(iii) in accordance with this 

11 subsection and section 405(b)(7). 

12 ‘‘(C) DEVELOPMENT OF AGENCY POLICIES

13 AND PROCEDURES.— 

14 ‘‘(i) DEVELOPMENT.— 

15 ‘‘(I) IN GENERAL.—Not later than 

16 30 days after the date of enactment of 

17 the James Zadroga 9/11 Victim Com18 pensation Fund Reauthorization Act, 

19 the Special Master shall develop agency 

20 policies and procedures that meet the 

21 requirements under subclauses (II) and 

22 (III) for providing compensation for 

23 claims in Group B as described in sec24 tion 405(a)(3)(C)(iii), including poli25 cies and procedures for presumptive 
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1 award schedules, administrative ex2 penses, and related internal memo3 randa. 

4 ‘‘(II) LIMITATION.—The policies 

5 and procedures developed under sub6 clause (I) shall ensure that total ex7 penditures, including administrative 

8 expenses, in providing compensation 

9 for claims in Group B, as described in 

10 section 405(a)(3)(C)(iii), do not exceed 

11 the amount of funds deposited into the 

12 Victims Compensation Fund under sec13 tion 410. 

14 ‘‘(III) PRIORITIZATION.—The 

15 policies and procedures developed 

16 under subclause (I) shall prioritize 

17 claims for claimants who are deter18 mined by the Special Master as suf19 fering from the most debilitating phys20 ical conditions to ensure, for purposes 

21 of equity, that such claimants are not 

22 unduly burdened by such policies or 

23 procedures. 

24 ‘‘(ii) REASSESSMENT.—Beginning 1 

25 year after the date of enactment of the 
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1 James Zadroga 9/11 Victim Compensation 

2 Fund Reauthorization Act, and each year 

3 thereafter until the Victims Compensation 

4 Fund is permanently closed under section 

5 410(e), the Special Master shall conduct a 

6 reassessment of the agency policies and pro7 cedures developed under clause (i) to ensure 

8 that such policies and procedures continue 

9 to satisfy the requirements under subclauses 

10 (II) and (III) of such clause. If the Special 

11 Master determines, upon reassessment, that 

12 such agency policies or procedures do not 

13 achieve the requirements of such subclauses, 

14 the Special Master shall take additional ac15 tions or make such modifications as nec16 essary to achieve such requirements.’’. 

17 (e) REGULATIONS.—Section 407(b) of the Air Trans18 portation Safety and System Stabilization Act (49 U.S.C. 

19 40101 note) is amended— 

20 (1) by striking ‘‘Not later than’’ and inserting 

21 the following: 

22 ‘‘(1) JAMES ZADROGA 9/11 HEALTH AND COM23 PENSATION ACT OF 2010.—Not later than’’; and 

24 (2) by adding at the end the following: 
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1 ‘‘(2) JAMES ZADROGA 9/11 VICTIM COMPENSATION

2 FUND REAUTHORIZATION ACT.—Not later than 180 

3 days after the date of enactment of the James 

4 Zadroga 9/11 Victim Compensation Fund Reauthor5 ization Act, the Special Master shall update the regu6 lations promulgated under subsection (a), and up7 dated under paragraph (1), to the extent necessary to 

8 comply with the amendments made by such Act.’’. 

9 (f) VICTIMS COMPENSATION FUND.—Title IV of the 

10 Air Transportation Safety and System Stabilization Act 

11 (49 U.S.C. 40101 note) is amended by adding at the end 

12 the following: 

13 ‘‘SEC. 410. VICTIMS COMPENSATION FUND. 

14 ‘‘(a) IN GENERAL.—There is established in the Treas15 ury of the United States a fund to be known as the ‘Victims 

16 Compensation Fund’, consisting of amounts deposited into 

17 such fund under subsection (b). 

18 ‘‘(b) DEPOSITS INTO FUND.—There shall be deposited 

19 into the Victims Compensation Fund each of the following: 

20 ‘‘(1) Effective on the day after the date on which 

21 all claimants who file a claim in Group A, as de22 scribed in section 405(a)(3)(C)(ii), have received the 

23 full compensation due such claimants under this title 

24 for such claim, any amounts remaining from the total 

25 amount made available under section 406 to com-
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1 pensate claims in Group A as described in section 

2 405(a)(3)(C)(ii). 

3 ‘‘(2) The amount appropriated under subsection 

4 (c). 

5 ‘‘(c) APPROPRIATIONS.—There is appropriated, out of 

6 any money in the Treasury not otherwise appropriated, 

7 $4,600,000,000 for fiscal year 2017, to remain available 

8 until expended, to provide compensation for claims in 

9 Group B as described in section 405(a)(3)(C)(iii). 

10 ‘‘(d) AVAILABILITY OF FUNDS.—Amounts deposited 

11 into the Victims Compensation Fund shall be available, 

12 without further appropriation, to the Special Master to pro13 vide compensation for claims in Group B as described in 

14 section 405(a)(3)(C)(iii). 

15 ‘‘(e) TERMINATION.—Upon completion of all payments 

16 under this title, the Victims Compensation Fund shall be 

17 permanently closed.’’. 

18 (g) 9-11 RESPONSE AND BIOMETRIC ENTRY-EXIT

19 FEE.—Title IV of the Air Transportation Safety and Sys20 tem Stabilization Act (49 U.S.C. 40101 note), as amended 

21 by subsection (f), is further amended by adding at the end 

22 the following: 

23 ‘‘SEC. 411. 9-11 RESPONSE AND BIOMETRIC ENTRY-EXIT FEE. 

24 ‘‘(a) TEMPORARY L-1 VISA FEE INCREASE.—Notwith25 standing section 281 of the Immigration and Nationality 
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1 Act (8 U.S.C. 1351) or any other provision of law, during 

2 the period beginning on the date of the enactment of this 

3 section and ending on September 30, 2025, the combined 

4 filing fee and fraud prevention and detection fee required 

5 to be submitted with an application for admission as a non6 immigrant under section 101(a)(15)(L) of the Immigration 

7 and Nationality Act (8 U.S.C. 1101(a)(15)(L)), including 

8 an application for an extension of such status, shall be in9 creased by $4,500 for applicants that employ 50 or more 

10 employees in the United States if more than 50 percent of 

11 the applicant’s employees are nonimmigrants admitted 

12 pursuant to subparagraph (H)(i)(b) or (L) of section 

13 101(a)(15) of such Act. 

14 ‘‘(b) TEMPORARY H-1B VISA FEE INCREASE.—Not15 withstanding section 281 of the Immigration and Nation16 ality Act (8 U.S.C. 1351) or any other provision of law, 

17 during the period beginning on the date of the enactment 

18 of this section and ending on September 30, 2025, the com19 bined filing fee and fraud prevention and detection fee re20 quired to be submitted with an application for admission 

21 as a nonimmigrant under section 101(a)(15)(H)(i)(b) of the 

22 Immigration and Nationality Act (8 U.S.C. 

23 1101(a)(15)(H)(i)(b)), including an application for an ex24 tension of such status, shall be increased by $4,000 for ap25 plicants that employ 50 or more employees in the United 
1846 

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1 States if more than 50 percent of the applicant’s employees 

2 are such nonimmigrants or nonimmigrants described in 

3 section 101(a)(15)(L) of such Act. 

4 ‘‘(c) 9-11 RESPONSE AND BIOMETRIC EXIT AC5 COUNT.— 

6 ‘‘(1) ESTABLISHMENT.—There is established in 

7 the general fund of the Treasury a separate account, 

8 which shall be known as the ‘9–11 Response and Bio9 metric Exit Account’. 

10 ‘‘(2) DEPOSITS.— 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), of the amounts collected pursuant to 

13 the fee increases authorized under subsections (a) 

14 and (b)— 

15 ‘‘(i) 50 percent shall be deposited in 

16 the general fund of the Treasury; and 

17 ‘‘(ii) 50 percent shall be deposited as 

18 offsetting receipts into the 9–11 Response 

19 and Biometric Exit Account, and shall re20 main available until expended. 

21 ‘‘(B) TERMINATION OF DEPOSITS IN AC22 COUNT.—After a total of $1,000,000,000 is de23 posited into the 9–11 Response and Biometric 

24 Exit Account under subparagraph (A)(ii), all 

25 amounts collected pursuant to the fee increases 
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1 authorized under subsections (a) and (b) shall be 

2 deposited in the general fund of the Treasury. 

3 ‘‘(3) USE OF FUNDS.—For fiscal year 2017, and 

4 each fiscal year thereafter, amounts in the 9–11 Re5 sponse and Biometric Exit Account shall be available 

6 to the Secretary of Homeland Security without fur7 ther appropriation for implementing the biometric 

8 entry and exit data system described in section 7208 

9 of the Intelligence Reform and Terrorism Prevention 

10 Act of 2004 (8 U.S.C. 1365b).’’. 

11 (h) ADMINISTRATIVE COSTS.—Section 1347 of the 

12 Full-Year Continuing Appropriations Act, 2011 (49 U.S.C. 

13 40101 note) is amended— 

14 (1) by inserting ‘‘and (2)’’ after ‘‘(d)(1)’’; and 

15 (2) by adding at the end the following: ‘‘Costs for 

16 payments for compensation for claims in Group A, as 

17 described in section 405(a)(3)(C)(ii) of such Act, shall 

18 be paid from amounts made available under section 

19 406 of such Act. Costs for payments for compensation 

20 for claims in Group B, as described in section 

21 405(a)(3)(C)(iii) of such Act, shall be paid from 

22 amounts in the Victims Compensation Fund estab23 lished under section 410 of such Act.’’. 
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1 SEC. 403. AMENDMENT TO EXEMPT PROGRAMS. 

2 (a) IN GENERAL.—Section 255(g)(1)(B) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985 

4 (2 U.S.C. 905(g)(1)(B)) is amended by— 

5 (1) inserting after the item relating to Retire6 ment Pay and Medical Benefits for Commissioned Of7 ficers, Public Health Service the following: 

8 ‘‘September 11th Victim Compensation Fund 

9 (15–0340–0–1–754).’’; 

10 (2) inserting after the item relating to United 

11 States Secret Service, DC Annuity the following: 

12 ‘‘Victims Compensation Fund established under 

13 section 410 of the Air Transportation Safety and Sys14 tem Stabilization Act (49 U.S.C. 40101 note). 

15 ‘‘United States Victims of State Sponsored Ter16 rorism Fund.’’; and 

17 (3) inserting after the item relating to the Vol18 untary Separation Incentive Fund the following: 

19 ‘‘World Trade Center Health Program Fund 

20 (75–0946–0–1–551).’’. 

21 (b) APPLICABILITY.—The amendments made by this 

22 section shall apply to any sequestration order issued under 

23 the Balanced Budget and Emergency Deficit Control Act 

24 of 1985 (2 U.S.C. 900 et seq.) on or after the date of enact25 ment of this Act. 
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1 SEC. 404. COMPENSATION FOR UNITED STATES VICTIMS OF 

2 STATE SPONSORED TERRORISM ACT. 

3 (a) SHORT TITLE.—This section may be cited as the 

4 ‘‘Justice for United States Victims of State Sponsored Ter5 rorism Act’’. 

6 (b) ADMINISTRATION OF THE UNITED STATES VICTIMS

7 OF STATE SPONSORED TERRORISM FUND.— 

8 (1) ADMINISTRATION OF THE FUND.— 

9 (A) APPOINTMENT AND TERMS OF SPECIAL

10 MASTER.— 

11 (i) INITIAL APPOINTMENT.—Not later 

12 than 60 days after the date of the enactment 

13 of this Act, the Attorney General shall ap14 point a Special Master. The initial term for 

15 the Special Master shall be 18 months. 

16 (ii) ADDITIONAL TERMS.—Thereafter, 

17 each time there exists funds in excess of 

18 $100,000,000 in the Fund, the Attorney 

19 General shall appoint or reappoint a Spe20 cial Master for such period as is appro21 priate, not to exceed 1 year. In addition, if 

22 there exists in the Fund funds that are less 

23 than $100,000,000, the Attorney General 

24 may appoint or reappoint a Special Master 

25 each time the Attorney General determines 

26 there are sufficient funds available in the 
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1 Fund to compensate eligible claimants, for 

2 such period as is appropriate, not to exceed 

3 1 year. 

4 (iii) SPECIAL MASTER TO ADMINISTER

5 COMPENSATION FROM THE FUND.—The Spe6 cial Master shall administer the compensa7 tion program described in this section for 

8 United States persons who are victims of 

9 state sponsored terrorism. 

10 (B) ADMINISTRATIVE COSTS AND USE OF

11 DEPARTMENT OF JUSTICE PERSONNEL.—The 

12 Special Master may utilize, as necessary, no 

13 more than 5 full-time equivalent Department of 

14 Justice personnel to assist in carrying out the 

15 duties of the Special Master under this section. 

16 Any costs associated with the use of such per17 sonnel, and any other administrative costs of 

18 carrying out this section, shall be paid from the 

19 Fund. 

20 (C) COMPENSATION OF SPECIAL MASTER.— 

21 The Special Master shall be compensated from 

22 the Fund at a rate not to exceed the annual rate 

23 of basic pay for level IV of the Executive Sched24 ule, as prescribed by section 5315 of title 5, 

25 United States Code. 
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1 (2) PUBLICATION OF REGULATIONS AND PROCE2 DURES.— 

3 (A) IN GENERAL.—Not later than 60 days 

4 after the date of the initial appointment of the 

5 Special Master, the Special Master shall publish 

6 in the Federal Register and on a website main7 tained by the Department of Justice a notice 

8 specifying the procedures necessary for United 

9 States persons to apply and establish eligibility 

10 for payment, including procedures by which eli11 gible United States persons may apply by and 

12 through their attorney. Such notice is not subject 

13 to the requirements of section 553 of title 5, 

14 United States Code. 

15 (B) INFORMATION REGARDING OTHER

16 SOURCES OF COMPENSATION.—As part of the 

17 procedures for United States persons to apply 

18 and establish eligibility for payment, the Special 

19 Master shall require applicants to provide the 

20 Special Master with information regarding com21 pensation from any source other than this Fund 

22 that the claimant (or, in the case of a personal 

23 representative, the victim’s beneficiaries) has re24 ceived or is entitled or scheduled to receive as a 

25 result of the act of international terrorism that 
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1 gave rise to a claimant’s final judgment, includ2 ing information identifying the amount, nature, 

3 and source of such compensation. 

4 (3) DECISIONS OF THE SPECIAL MASTER.—All 

5 decisions made by the Special Master with regard to 

6 compensation from the Fund shall be— 

7 (A) in writing and provided to the Attorney 

8 General, each claimant and, if applicable, the at9 torney for each claimant; and 

10 (B) final and, except as provided in para11 graph (4), not subject to administrative or judi12 cial review. 

13 (4) REVIEW HEARING.— 

14 (A) Not later than 30 days after receipt of 

15 a written decision by the Special Master, a 

16 claimant whose claim is denied in whole or in 

17 part by the Special Master may request a hear18 ing before the Special Master pursuant to proce19 dures established by the Special Master. 

20 (B) Not later than 90 days after any such 

21 hearing, the Special Master shall issue a final 

22 written decision affirming or amending the 

23 original decision. The written decision is final 

24 and nonreviewable. 

25 (c) ELIGIBLE CLAIMS.— 
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1 (1) IN GENERAL.—For the purposes of this sec2 tion, a claim is an eligible claim if the Special Mas3 ter determines that— 

4 (A) the judgment holder, or claimant, is a 

5 United States person; 

6 (B) the claim is described in paragraph (2); 

7 and 

8 (C) the requirements of paragraph (3) are 

9 met. 

10 (2) CERTAIN CLAIMS.—The claims referred to in 

11 paragraph (1) are claims for— 

12 (A) compensatory damages awarded to a 

13 United States person in a final judgment— 

14 (i) issued by a United States district 

15 court under State or Federal law against a 

16 state sponsor of terrorism; and 

17 (ii) arising from acts of international 

18 terrorism, for which the foreign state was 

19 determined not to be immune from the ju20 risdiction of the courts of the United States 

21 under section 1605A, or section 1605(a)(7) 

22 (as such section was in effect on January 

23 27, 2008), of title 28, United States Code; 

24 (B) the sum total of $10,000 per day for 

25 each day that a United States person was taken 
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1 and held hostage from the United States embassy 

2 in Tehran, Iran, during the period beginning 

3 November 4, 1979, and ending January 20, 

4 1981, if such person is identified as a member 

5 of the proposed class in case number 1:00-CV6 03110 (EGS) of the United States District Court 

7 for the District of Columbia; or 

8 (C) damages for the spouses and children of 

9 the former hostages described in subparagraph 

10 (B), if such spouse or child is identified as a 

11 member of the proposed class in case number 

12 1:00-CV-03110 (EGS) of the United States Court 

13 for the District of Columbia, in the following 

14 amounts: 

15 (i) For each spouse of a former hostage 

16 identified as a member of the proposed class 

17 described in this subparagraph, a $600,000 

18 lump sum. 

19 (ii) For each child of a former hostage 

20 identified as a member of the proposed class 

21 described in this subparagraph, a $600,000 

22 lump sum. 

23 (3) DEADLINE FOR APPLICATION SUBMISSION.— 
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1 (A) IN GENERAL.—The deadline for submit2 ting an application for a payment under this 

3 subsection is as follows: 

4 (i) Not later than 90 days after the 

5 date of the publication required under sub6 section (b)(2)(A), with regard to an appli7 cation based on— 

8 (I) a final judgment described in 

9 paragraph (2)(A) obtained before that 

10 date of publication; or 

11 (II) a claim described in para12 graph (2)(B) or (2)(C). 

13 (ii) Not later than 90 days after the 

14 date of obtaining a final judgment, with re15 gard to a final judgment obtained on or 

16 after the date of that publication. 

17 (B) GOOD CAUSE.—For good cause shown, 

18 the Special Master may grant a claimant a rea19 sonable extension of a deadline under this para20 graph. 

21 (d) PAYMENTS.— 

22 (1) TO WHOM MADE.—The Special Master shall 

23 order payment from the Fund for each eligible claim 

24 of a United States person to that person or, if that 
1856 

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1 person is deceased, to the personal representative of 

2 the estate of that person. 

3 (2) TIMING OF INITIAL PAYMENTS.—The Special 

4 Master shall authorize all initial payments to satisfy 

5 eligible claims under this section not later than 1 

6 year after the date of the enactment of this Act. 

7 (3) PAYMENTS TO BE MADE PRO RATA.— 

8 (A) IN GENERAL.— 

9 (i) PRO RATA BASIS.—Except as pro10 vided in subparagraph (B) and subject to 

11 the limitations described in clause (ii), the 

12 Special Master shall carry out paragraph 

13 (1), by dividing all available funds on a pro 

14 rata basis, based on the amounts out15 standing and unpaid on eligible claims, 

16 until all such amounts have been paid in 

17 full. 

18 (ii) LIMITATIONS.—The limitations de19 scribed in this clause are as follows: 

20 (I) In the event that a United 

21 States person has an eligible claim 

22 that exceeds $20,000,000, the Special 

23 Master shall treat that claim as if it 

24 were for $20,000,000 for purposes of 

25 this section. 
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1 (II) In the event that a United 

2 States person and the immediate fam3 ily members of such person, have 

4 claims that if aggregated would exceed 

5 $35,000,000, the Special Master shall, 

6 for purposes of this section, reduce such 

7 claims on a pro rata basis such that in 

8 the aggregate such claims do not exceed 

9 $35,000,000. 

10 (III) In the event that a United 

11 States person, or the immediate family 

12 member of such person, has an eligible 

13 claim under this section and has re14 ceived an award or an award deter15 mination under section 405 of the Air 

16 Transportation Safety and System 

17 Stabilization Act (49 U.S.C. 40101 

18 note), the amount of compensation to 

19 which such person, or the immediate 

20 family member of such person, was de21 termined to be entitled under section 

22 405 of the Air Transportation Safety 

23 and System Stabilization Act (49 

24 U.S.C. 40101 note) shall be considered 

25 controlling for the purposes of this sec-
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1 tion, notwithstanding any compen2 satory damages amounts such person, 

3 or immediate family member of such 

4 person, is deemed eligible for or enti5 tled to pursuant to a final judgment 

6 described in subsection (c)(2)(A). 

7 (B) MINIMUM PAYMENTS.— 

8 (i) Any applicant with an eligible 

9 claim described in subsection (c)(2) who has 

10 received, or is entitled or scheduled to re11 ceive, any payment that is equal to, or in 

12 excess of, 30 percent of the total compen13 satory damages owed to such applicant on 

14 the applicant’s claim from any source other 

15 than this Fund shall not receive any pay16 ment from the Fund until such time as all 

17 other eligible applicants have received from 

18 the Fund an amount equal to 30 percent of 

19 the compensatory damages awarded to those 

20 applicants pursuant to their final judg21 ments or to claims under subsection 

22 (c)(2)(B) or (c)(2)(C). For purposes of cal23 culating the pro rata amounts for these 

24 payments, the Special Master shall not in25 clude the total compensatory damages for 
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1 applicants excluded from payment by this 

2 subparagraph. 

3 (ii) To the extent that an applicant 

4 with an eligible claim has received less than 

5 30 percent of the compensatory damages 

6 owed that applicant under a final judgment 

7 or claim described in subsection (c)(2) from 

8 any source other than this Fund, such ap9 plicant may apply to the Special Master for 

10 the difference between the percentage of com11 pensatory damages the applicant has re12 ceived from other sources and the percentage 

13 of compensatory damages to be awarded 

14 other eligible applicants from the Fund. 

15 (4) ADDITIONAL PAYMENTS.—On January 1 of 

16 the second calendar year that begins after the date of 

17 the initial payments described in paragraph (1) if 

18 funds are available in the Fund, the Special Master 

19 shall authorize additional payments on a pro rata 

20 basis to those claimants with eligible claims under 

21 subsection (c)(2) and shall authorize additional pay22 ments for eligible claims annually thereafter if funds 

23 are available in the Fund. 

24 (5) SUBROGATION AND RETENTION OF RIGHTS.— 
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1 (A) UNITED STATES SUBROGATED TO CRED2 ITOR RIGHTS TO THE EXTENT OF PAYMENT.— 

3 The United States shall be subrogated to the 

4 rights of any person who applies for and receives 

5 payments under this section, but only to the ex6 tent and in the amount of such payments made 

7 under this section. The President shall pursue 

8 these subrogated rights as claims or offsets of the 

9 United States in appropriate ways, including 

10 any negotiation process that precedes the nor11 malization of relations between the foreign state 

12 designated as a state sponsor of terrorism and 

13 the United States or the lifting of sanctions 

14 against such foreign state. 

15 (B) RIGHTS RETAINED.—To the extent 

16 amounts of damages remain unpaid and out17 standing following any payments made under 

18 this subsection, each applicant shall retain that 

19 applicant’s creditor rights in any unpaid and 

20 outstanding amounts of the judgment, including 

21 any prejudgment or post-judgment interest, or 

22 punitive damages, awarded by the United States 

23 district court pursuant to a judgment. 

24 (e) UNITED STATES VICTIMS OF STATE SPONSORED

25 TERRORISM FUND.— 
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1 (1) ESTABLISHMENT OF UNITED STATES VICTIMS

2 OF STATE SPONSORED TERRORISM FUND.—There is 

3 established in the Treasury a fund, to be designated 

4 as the United States Victims of State Sponsored Ter5 rorism Fund. 

6 (2) DEPOSIT AND TRANSFER.—Beginning on the 

7 date of the enactment of this Act, the following shall 

8 be deposited or transferred into the Fund for distribu9 tion under this section: 

10 (A) FORFEITED FUNDS AND PROPERTY.— 

11 (i) CRIMINAL FUNDS AND PROPERTY.— 

12 All funds, and the net proceeds from the sale 

13 of property, forfeited or paid to the United 

14 States after the date of enactment of this 

15 Act as a criminal penalty or fine arising 

16 from a violation of any license, order, regu17 lation, or prohibition issued under the 

18 International Emergency Economic Powers 

19 Act (50 U.S.C. 1701 et seq.) or the Trading 

20 with the Enemy Act (50 U.S.C. App. 1 et 

21 seq.), or any related criminal conspiracy, 

22 scheme, or other Federal offense arising 

23 from the actions of, or doing business with 

24 or acting on behalf of, a state sponsor of ter25 rorism. 
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1 (ii) CIVIL FUNDS AND PROPERTY.— 

2 One-half of all funds, and one-half of the net 

3 proceeds from the sale of property, forfeited 

4 or paid to the United States after the date 

5 of enactment of this Act as a civil penalty 

6 or fine arising from a violation of any li7 cense, order, regulation, or prohibition 

8 issued under the International Emergency 

9 Economic Powers Act (50 U.S.C. 1701 et 

10 seq.) or the Trading with the Enemy Act 

11 (50 U.S.C. App. 1 et seq.), or any related 

12 conspiracy, scheme, or other Federal offense 

13 arising from the actions of, or doing busi14 ness with or acting on behalf of, a state 

15 sponsor of terrorism. 

16 (B) TRANSFER INTO FUND OF CERTAIN AS17 SIGNED ASSETS OF IRAN AND ELECTION TO PAR18 TICIPATE IN FUND.— 

19 (i) DEPOSIT INTO FUND OF ASSIGNED

20 PROCEEDS FROM SALE OF PROPERTIES AND

21 RELATED ASSETS IDENTIFIED IN IN RE 650

22 FIFTH AVENUE & RELATED PROPERTIES.— 

23 (I) IN GENERAL.—Except as pro24 vided in subclause (II), if the United 

25 States receives a final judgment for-
1863 

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1 feiting the properties and related assets 

2 identified in the proceedings captioned 

3 as In Re 650 Fifth Avenue & Related 

4 Properties, No. 08 Civ. 10934 

5 (S.D.N.Y. filed Dec. 17, 2008), the net 

6 proceeds (not including the litigation 

7 expenses and sales costs incurred by 

8 the United States) resulting from the 

9 sale of such properties and related as10 sets by the United States shall be de11 posited into the Fund. 

12 (II) LIMITATION.—The following 

13 proceeds resulting from any sale of the 

14 properties and related assets identified 

15 in subclause (I) shall not be transferred 

16 into the Fund: 

17 (aa) The percentage of pro18 ceeds attributable to any party 

19 identified as a Settling Judgment 

20 Creditor in the order dated April 

21 16, 2014, in such proceedings, 

22 who does not make an election 

23 (described in clause (iii)) to par24 ticipate in the Fund. 
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1 (bb) The percentage of pro2 ceeds attributable to the parties 

3 identified as the Hegna Judgment 

4 Creditors in such proceedings, un5 less and until a final judgment is 

6 entered denying the claims of such 

7 creditors. 

8 (ii) DEPOSIT INTO FUND OF ASSIGNED

9 ASSETS IDENTIFIED IN PETERSON V. IS10 LAMIC REPUBLIC OF IRAN.—If a final judg11 ment is entered in Peterson v. Islamic Re12 public of Iran, No. 10 Civ. 4518 (S.D.N.Y.), 

13 awarding the assets at issue in that case to 

14 the judgment creditors identified in the 

15 order dated July 9, 2013, those assets shall 

16 be deposited into the Fund, but only to the 

17 extent, and in such percentage, that the 

18 rights, title, and interest to such assets were 

19 assigned through elections made pursuant to 

20 clause (iii). 

21 (iii) ELECTION TO PARTICIPATE IN

22 THE FUND.—Upon written notice to the At23 torney General, the Special Master, and the 

24 chief judge of the United States District 

25 Court for the Southern District of New York 
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1 within 60 days after the date of the publica2 tion required under subsection (b)(2)(A) a 

3 United States person, who is a judgment 

4 creditor in the proceedings captioned Peter5 son v. Islamic Republic of Iran, No. 10 Civ. 

6 4518 (S.D.N.Y.), or a Settling Judgment 

7 Creditor as identified in the order dated 

8 May 27, 2014, in the proceedings captioned 

9 In Re 650 Fifth Avenue & Related Prop10 erties, No. 08 Civ. 10934 (S.D.N.Y. filed 

11 Dec. 17, 2008), shall have the right to elect 

12 to participate in the Fund and, to the ex13 tent any such person exercises such right, 

14 shall irrevocably assign to the Fund all 

15 rights, title, and interest to such person’s 

16 claims to the assets at issue in such pro17 ceedings. To the extent that a United States 

18 person is both a judgment creditor in the 

19 proceedings captioned Peterson v. Islamic 

20 Republic of Iran, No. 10 Civ. 4518 

21 (S.D.N.Y.) and a Settling Judgment Cred22 itor in In Re 650 Fifth Avenue & Related 

23 Properties, No. 08 Civ. 10934 (S.D.N.Y. 

24 filed Dec. 17, 2008), any election by such 

25 person to participate in the Fund pursuant 
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1 to this paragraph shall operate as an elec2 tion to assign any and all rights, title, and 

3 interest in the assets in both actions for the 

4 purposes of participating in the Fund. The 

5 Attorney General is authorized to pursue 

6 any such assigned rights, title, and interest 

7 in those claims for the benefit of the Fund. 

8 (iv) APPLICATION FOR CONDITIONAL

9 PAYMENT.—A United States person who is 

10 a judgment creditor or a Settling Judgment 

11 Creditor in the proceedings identified in 

12 clause (iii) and who does not elect to par13 ticipate in the Fund may, notwithstanding 

14 such failure to elect, submit an application 

15 for conditional payment from the Fund, 

16 subject to the following limitations: 

17 (I) IN GENERAL.—Notwith18 standing any such claimant’s eligi19 bility for payment and the initial 

20 deadline for initial payments set forth 

21 in subsection (d)(2), the Special Master 

22 shall allocate but withhold payment to 

23 an eligible claimant who applies for a 

24 conditional payment under this para25 graph until such time as an adverse 
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1 final judgment is entered in both of the 

2 proceedings identified in clause (iii). 

3 (II) EXCEPTION.— 

4 (aa) In the event that an ad5 verse final judgment is entered in 

6 the proceedings captioned Peter7 son v. Islamic Republic of Iran, 

8 No. 10 Civ. 4518 (S.D.N.Y), prior 

9 to a final judgment being entered 

10 in the proceedings captioned In 

11 Re 650 Fifth Avenue & Related 

12 Properties, No. 08 Civ. 10934 

13 (S.D.N.Y. filed Dec. 17, 2008), the 

14 Special Master shall release a por15 tion of an eligible claimant’s con16 ditional payment to such eligible 

17 claimant if the Special Master 

18 anticipates that such claimant 

19 will receive less than the amount 

20 of the conditional payment from 

21 any proceeds from a final judg22 ment that is entered in favor of 

23 the plaintiffs in In Re 650 Fifth 

24 Avenue & Related Properties. 

25 Such portion shall not exceed the 
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1 difference between the amount of 

2 the conditional payment and the 

3 amount the Special Master antici4 pates such claimant will receive 

5 from the proceeds of In Re 650 

6 Fifth Avenue & Related Prop7 erties. 

8 (bb) In the event that a final 

9 judgment is entered in favor of the 

10 plaintiffs in the proceedings cap11 tioned Peterson v. Islamic Repub12 lic of Iran, No. 10 Civ. 4518 

13 (S.D.N.Y) and funds are distrib14 uted, the payments allocated to 

15 claimants who applied for a con16 ditional payment under this sub17 paragraph shall be considered 

18 void, and any funds previously 

19 allocated to such conditional pay20 ments shall be made available and 

21 distributed to all other eligible 

22 claimants pursuant to subsection 

23 (d). 

24 (3) EXPENDITURES FROM FUND.—Amounts in 

25 the Fund shall be available, without further appro-
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1 priation, for the payment of eligible claims and com2 pensation of the Special Master in accordance with 

3 this section. 

4 (4) MANAGEMENT OF FUND.—The Fund shall be 

5 managed and invested in the same manner as a trust 

6 fund is managed and invested under section 9602 of 

7 the Internal Revenue Code of 1986. 

8 (5) FUNDING.—There is appropriated to the 

9 Fund, out of any money in the Treasury not other10 wise appropriated, $1,025,000,000 for fiscal year 

11 2017, to remain available until expended. 

12 (6) TERMINATION.— 

13 (A) IN GENERAL.—Amounts in the Fund 

14 may not be obligated on or after January 2, 

15 2026. 

16 (B) CLOSING OF FUND.—Effective on the 

17 day after all amounts authorized to be paid from 

18 the Fund under this section that were obligated 

19 before January 2, 2026 are expended, any unob20 ligated balances in the Fund shall be transferred, 

21 as appropriate, to either the Department of the 

22 Treasury Forfeiture Fund established under sec23 tion 9705 of title 31, United States Code, or to 

24 the Department of Justice Assets Forfeiture 
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1 Fund established under section 524(c)(1) of title 

2 28, United States Code. 

3 (f) ATTORNEYS’ FEES AND COSTS.— 

4 (1) IN GENERAL.—No attorney shall charge, re5 ceive, or collect, and the Special Master shall not ap6 prove, any payment of fees and costs that in the ag7 gregate exceeds 25 percent of any payment made 

8 under this section. 

9 (2) PENALTY.—Any attorney who violates para10 graph (1) shall be fined under title 18, United States 

11 Code, imprisoned for not more than 1 year, or both. 

12 (g) AWARD OF COMPENSATION TO INFORMERS.— 

13 (1) IN GENERAL.—Any United States person 

14 who holds a final judgment described in subsection 

15 (c)(2)(A) or a claim under subsection (c)(2)(B) or 

16 (c)(2)(C) and who meets the requirements set forth in 

17 paragraph (2) is entitled to receive an award of 10 

18 percent of the funds deposited in the Fund under sub19 section (e)(2) attributable to information such person 

20 furnished to the Attorney General that leads to a for21 feiture described in subsection (e)(2)(A), which is 

22 made after the date of enactment of this Act pursuant 

23 to a proceeding resulting in forfeiture that was initi24 ated after the date of enactment of this Act. 
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1 (2) PERSON DESCRIBED.—A person meets the re2 quirements of this paragraph if— 

3 (A) the person identifies and notifies the At4 torney General of funds or property— 

5 (i) of a state sponsor of terrorism, or 

6 held by a third party on behalf of or subject 

7 to the control of that state sponsor of ter8 rorism; 

9 (ii) that were not previously identified 

10 or known by the United States Government; 

11 and 

12 (iii) that are subsequently forfeited di13 rectly or in the form of substitute assets to 

14 the United States; and 

15 (B) the Attorney General finds that the 

16 identification and notification under subpara17 graph (A) by that person substantially contrib18 uted to the forfeiture to the United States. 

19 (h) SPECIAL EXCLUSION FROM COMPENSATION.—In 

20 no event shall an individual who is criminally culpable for 

21 an act of international terrorism receive any compensation 

22 under this section, either directly or on behalf of a victim. 

23 (i) REPORT TO CONGRESS.—Within 30 days after au24 thorizing the payment of compensation of eligible claims 

25 pursuant to subsection (d), the Special Master shall submit 
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1 to the chairman and ranking minority member of the Com2 mittee on the Judiciary of the House of Representatives and 

3 the chairman and ranking minority member of the Com4 mittee on the Judiciary of the Senate a report on the pay5 ment of eligible claims, which shall include— 

6 (1) an explanation of the procedures for filing 

7 and processing of applications for compensation; and 

8 (2) an analysis of the payments made to United 

9 States persons from the Fund and the amount of out10 standing eligible claims, including— 

11 (A) the number of applications for com12 pensation submitted; 

13 (B) the number of applications approved 

14 and the amount of each award; 

15 (C) the number of applications denied and 

16 the reasons for the denial; 

17 (D) the number of applications for com18 pensation that are pending for which compen19 satory damages have not been paid in full; and 

20 (E) the total amount of compensatory dam21 ages from eligible claims that have been paid 

22 and that remain unpaid. 

23 (j) DEFINITIONS.—In this section the following defini24 tions apply: 
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1 (1) ACT OF INTERNATIONAL TERRORISM.—The 

2 term ‘‘act of international terrorism’’ includes— 

3 (A) an act of torture, extrajudicial killing, 

4 aircraft sabotage, or hostage taking as those 

5 terms are defined in section 1605A(h) of title 28, 

6 United States Code; and 

7 (B) providing material support or re8 sources, as defined in section 2339A of title 18, 

9 United States Code, for an act described in sub10 paragraph (A). 

11 (2) ADVERSE FINAL JUDGMENT.—The term ‘‘ad12 verse final judgment’’ means a final judgment in 

13 favor of the defendant, or defendants, in the pro14 ceedings identified in subsection (e)(2)(B)(iii), or 

15 which does not order any payment from, or award 

16 any interest in, the assets at issue in such proceedings 

17 to the plaintiffs, judgment creditors, or Settling Judg18 ment Creditors in such proceedings. 

19 (3) COMPENSATORY DAMAGES.—The term ‘‘com20 pensatory damages’’ does not include pre-judgment or 

21 post-judgment interest or punitive damages. 

22 (4) FINAL JUDGMENT.—The term ‘‘final judg23 ment’’ means an enforceable final judgment, decree or 

24 order on liability and damages entered by a United 

25 States district court that is not subject to further ap-
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1 pellate review, but does not include a judgment, de2 cree, or order that has been waived, relinquished, sat3 isfied, espoused by the United States, or subject to a 

4 bilateral claims settlement agreement between the 

5 United States and a foreign state. In the case of a de6 fault judgment, such judgment shall not be considered 

7 a final judgment until such time as service of process 

8 has been completed pursuant to section 1608(e) of title 

9 28, United States Code. 

10 (5) FUND.—The term ‘‘Fund’’ means the United 

11 States Victims of State Sponsored Terrorism Fund es12 tablished by this section. 

13 (6) SOURCE OTHER THAN THIS FUND.—The 

14 term ‘‘source other than this Fund’’ means all collat15 eral sources, including life insurance, pension funds, 

16 death benefit programs, payments by Federal, State, 

17 or local governments (including payments from the 

18 September 11th Victim Compensation Fund (49 

19 U.S.C. 40101 note)), and court awarded compensa20 tion related to the act of international terrorism that 

21 gave rise to a claimant’s final judgment. The term 

22 ‘‘entitled or scheduled to receive’’ in subsection 

23 (d)(3)(B)(i) includes any potential recovery where 

24 that person or their representative is a party to any 

25 civil or administrative action pending in any court 
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1 or agency of competent jurisdiction in which the 

2 party seeks to enforce the judgment giving rise to the 

3 application to the Fund. 

4 (7) STATE SPONSOR OF TERRORISM.—The term 

5 ‘‘state sponsor of terrorism’’ means a country the gov6 ernment of which the Secretary of State has deter7 mined, for purposes of section 6(j) of the Export Ad8 ministration Act of 1979 (50 U.S.C. 4605(j)), section 

9 620A of the Foreign Assistance Act of 1961 (22 

10 U.S.C. 2371), section 40 of the Arms Export Control 

11 Act (22 U.S.C. 2780), or any other provision of law, 

12 is a government that has repeatedly provided support 

13 for acts of international terrorism. 

14 (8) UNITED STATES PERSON.—The term ‘‘United 

15 States person’’ means a natural person who has suf16 fered an injury arising from the actions of a foreign 

17 state for which the foreign state has been determined 

18 not to be immune from the jurisdiction of the courts 

19 of the United States under section 1605A or section 

20 1605(a)(7) (as such section was in effect on January 

21 27, 2008) of title 28, United States Code, or is eligible 

22 to make a claim under subsection (c)(2)(B) or sub23 section (c)(2)(C). 

24 (k) SEVERABILITY.—The provisions of this section are 

25 severable. If any provision of this section, or any applica-
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1 tion thereof, is found unconstitutional, that finding shall 

2 not affect any provision or application of this section not 

3 so adjudicated. 

4 SEC. 405. BUDGETARY PROVISIONS. 

5 (a) LIMITATION.—Notwithstanding any other provi6 sion of law, including section 982 of title 18, United States 

7 Code, and section 413 of the Controlled Substances Act (21 

8 U.S.C. 853), none of the funds paid to the United States 

9 Government by BNP Paribas S.A. as part of, or related 

10 to, a plea agreement dated June 27, 2014, entered into be11 tween the Department of Justice and BNP Paribas S.A., 

12 and subject to a consent order entered by the United States 

13 District Court for the Southern District of New York on 

14 May 1, 2015, in United States v. BNPP, No. 14 Cr. 460 

15 (S.D.N.Y.) to settle charges against BNP Paribas S.A. for 

16 conspiracy to commit an offense against the United States 

17 in violation of section 371 of title 18, United States Code, 

18 by conspiring to violate the International Emergency Eco19 nomic Powers Act (50 U.S.C. 1701 et seq.), and the Trading 

20 with the Enemy Act (50 U.S.C. 4301 et seq.), may be used 

21 by the United States Government— 

22 (1) in any manner in furtherance of the pro23 posed use of such funds by the Department of Justice 

24 to compensate individuals as announced by the De25 partment of Justice on May 1, 2015; or 
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1 (2) in any other manner whatsoever, including 

2 in furtherance of any program to compensate victims 

3 of international or state sponsored terrorism, except 

4 as such funds are directed by Congress pursuant to 

5 this title and the amendments made by this title. 

6 (b) RESCISSION OF FUNDS FROM BNP SETTLE7 MENT.—Of the amounts in the Department of the Treasury 

8 Forfeiture Fund established under section 9705 of title 31, 

9 United States Code, $3,800,000,000 from funds paid to the 

10 United States Government by BNP Paribas S.A. as part 

11 of, or related to, a plea agreement dated June 27, 2014, 

12 entered into between the Department of Justice and BNP 

13 Paribas S.A., and subject to a consent order entered by the 

14 United States District Court for the Southern District of 

15 New York on May 1, 2015, in United States v. BNPP, No. 

16 14 Cr. 460 (S.D.N.Y.), shall be deobligated, if necessary, 

17 and shall be permanently rescinded. 

18 TITLE V—MEDICARE AND 

19 MEDICAID PROVISIONS 

20 SEC. 501. MEDICARE IMPROVEMENT FUND. 

21 Section 1898(b)(1) of the Social Security Act (42 

22 U.S.C. 1395iii(b)(1)) is amended by striking 

23 ‘‘$205,000,000’’ and inserting ‘‘$5,000,000’’. 
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1 SEC. 502. MEDICARE PAYMENT INCENTIVE FOR THE TRAN2 SITION FROM TRADITIONAL X-RAY IMAGING 

3 TO DIGITAL RADIOGRAPHY AND OTHER MEDI4 CARE IMAGING PAYMENT PROVISION. 

5 (a) PHYSICIAN FEE SCHEDULE.— 

6 (1) PAYMENT INCENTIVE FOR TRANSITION.— 

7 (A) IN GENERAL.—Section 1848(b) of the 

8 Social Security Act (42 U.S.C. 1395w–4(b)) is 

9 amended by adding at the end the following new 

10 paragraph: 

11 ‘‘(9) SPECIAL RULE TO INCENTIVIZE TRANSITION

12 FROM TRADITIONAL X-RAY IMAGING TO DIGITAL RADI13 OGRAPHY.— 

14 ‘‘(A) LIMITATION ON PAYMENT FOR FILM X15 RAY IMAGING SERVICES.—In the case of an im16 aging service (including the imaging portion of 

17 a service) that is an X-ray taken using film and 

18 that is furnished during 2017 or a subsequent 

19 year, the payment amount for the technical com20 ponent (including the technical component por21 tion of a global service) of such service that 

22 would otherwise be determined under this section 

23 (without application of this paragraph and be24 fore application of any other adjustment under 

25 this section) for such year shall be reduced by 20 

26 percent. 
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1 ‘‘(B) PHASED-IN LIMITATION ON PAYMENT

2 FOR COMPUTED RADIOGRAPHY IMAGING SERV3 ICES.—In the case of an imaging service (includ4 ing the imaging portion of a service) that is an 

5 X-ray taken using computed radiography tech6 nology— 

7 ‘‘(i) in the case of such a service fur8 nished during 2018, 2019, 2020, 2021, or 

9 2022, the payment amount for the technical 

10 component (including the technical compo11 nent portion of a global service) of such 

12 service that would otherwise be determined 

13 under this section (without application of 

14 this paragraph and before application of 

15 any other adjustment under this section) for 

16 such year shall be reduced by 7 percent; and 

17 ‘‘(ii) in the case of such a service fur18 nished during 2023 or a subsequent year, 

19 the payment amount for the technical com20 ponent (including the technical component 

21 portion of a global service) of such service 

22 that would otherwise be determined under 

23 this section (without application of this 

24 paragraph and before application of any 
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1 other adjustment under this section) for 

2 such year shall be reduced by 10 percent. 

3 ‘‘(C) COMPUTED RADIOGRAPHY TECH4 NOLOGY DEFINED.—For purposes of this para5 graph, the term ‘computed radiography tech6 nology’ means cassette-based imaging which uti7 lizes an imaging plate to create the image in8 volved. 

9 ‘‘(D) IMPLEMENTATION.—In order to imple10 ment this paragraph, the Secretary shall adopt 

11 appropriate mechanisms which may include use 

12 of modifiers.’’. 

13 (B) EXEMPTION FROM BUDGET NEU14 TRALITY.—Section 1848(c)(2)(B)(v) of the Social 

15 Security Act (42 U.S.C. 1395w–4(c)(2)(B)(v)) is 

16 amended by adding at the end the following new 

17 subclause: 

18 ‘‘(X) REDUCED EXPENDITURES

19 ATTRIBUTABLE TO INCENTIVES TO

20 TRANSITION TO DIGITAL RADIOG21 RAPHY.—Effective for fee schedules es22 tablished beginning with 2017, reduced 

23 expenditures attributable to subpara24 graph (A) of subsection (b)(9) and ef25 fective for fee schedules established be-
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1 ginning with 2018, reduced expendi2 tures attributable to subparagraph (B) 

3 of such subsection.’’. 

4 (2) REDUCTION OF DISCOUNT IN PAYMENT FOR

5 PROFESSIONAL COMPONENT OF MULTIPLE IMAGING

6 SERVICES.— 

7 (A) IN GENERAL.—Section 1848(b) of the 

8 Social Security Act (42 U.S.C. 1395w–4(b)), as 

9 amended by paragraph (1), is amended by add10 ing at the end the following new paragraph: 

11 ‘‘(10) REDUCTION OF DISCOUNT IN PAYMENT FOR

12 PROFESSIONAL COMPONENT OF MULTIPLE IMAGING

13 SERVICES.—In the case of the professional component 

14 of imaging services furnished on or after January 1, 

15 2017, instead of the 25 percent reduction for multiple 

16 procedures specified in the final rule published by the 

17 Secretary in the Federal Register on November 28, 

18 2011, as amended in the final rule published by the 

19 Secretary in the Federal Register on November 16, 

20 2012, the reduction percentage shall be 5 percent.’’. 

21 (B) EXEMPTION FROM BUDGET NEU22 TRALITY.—Section 1848(c)(2)(B)(v) of the Social 

23 Security Act (42 U.S.C. 1395w 4(c)(2)(B)(v)), as 

24 amended by paragraph (1), is amended by add25 ing at the end by the following new subclause: 
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1 ‘‘(XI) DISCOUNT IN PAYMENT FOR

2 PROFESSIONAL COMPONENT OF IMAG3 ING SERVICES.—Effective for fee sched4 ules established beginning with 2017, 

5 reduced expenditures attributable to 

6 subsection (b)(10).’’. 

7 (C) CONFORMING AMENDMENT.—Section 

8 220(i) of the Protecting Access to Medicare Act 

9 of 2014 (42 U.S.C. 1395w–4 note) is repealed. 

10 (b) PAYMENT INCENTIVE FOR TRANSITION UNDER

11 HOSPITAL OUTPATIENT PROSPECTIVE PAYMENT SYS12 TEM.—Section 1833(t)(16) of the Social Security Act (42 

13 U.S.C. 1395(t)(16)) is amended by adding at the end the 

14 following new subparagraph: 

15 ‘‘(F) PAYMENT INCENTIVE FOR THE TRANSI16 TION FROM TRADITIONAL X-RAY IMAGING TO DIG17 ITAL RADIOGRAPHY.—Notwithstanding the pre18 vious provisions of this subsection: 

19 ‘‘(i) LIMITATION ON PAYMENT FOR

20 FILM X-RAY IMAGING SERVICES.—In the 

21 case of an imaging service that is an X-ray 

22 taken using film and that is furnished dur23 ing 2017 or a subsequent year, the payment 

24 amount for such service (including the X25 ray component of a packaged service) that 
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1 would otherwise be determined under this 

2 section (without application of this para3 graph and before application of any other 

4 adjustment under this subsection) for such 

5 year shall be reduced by 20 percent. 

6 ‘‘(ii) PHASED-IN LIMITATION ON PAY7 MENT FOR COMPUTED RADIOGRAPHY IMAG8 ING SERVICES.—In the case of an imaging 

9 service that is an X-ray taken using com10 puted radiography technology (as defined in 

11 section 1848(b)(9)(C))— 

12 ‘‘(I) in the case of such a service 

13 furnished during 2018, 2019, 2020, 

14 2021, or 2022, the payment amount for 

15 such service (including the X-ray com16 ponent of a packaged service) that 

17 would otherwise be determined under 

18 this section (without application of 

19 this paragraph and before application 

20 of any other adjustment under this 

21 subsection) for such year shall be re22 duced by 7 percent; and 

23 ‘‘(II) in the case of such a service 

24 furnished during 2023 or a subsequent 

25 year, the payment amount for such 
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1 service (including the X-ray component 

2 of a packaged service) that would oth3 erwise be determined under this section 

4 (without application of this paragraph 

5 and before application of any other ad6 justment under this subsection) for 

7 such year shall be reduced by 10 per8 cent. 

9 ‘‘(iii) APPLICATION WITHOUT REGARD

10 TO BUDGET NEUTRALITY.—The reductions 

11 made under this subparagraph— 

12 ‘‘(I) shall not be considered an ad13 justment under paragraph (2)(E); and 

14 ‘‘(II) shall not be implemented in 

15 a budget neutral manner. 

16 ‘‘(iv) IMPLEMENTATION.—In order to 

17 implement this subparagraph, the Secretary 

18 shall adopt appropriate mechanisms which 

19 may include use of modifiers.’’. 

20 SEC. 503. LIMITING FEDERAL MEDICAID REIMBURSEMENT 

21 TO STATES FOR DURABLE MEDICAL EQUIP22 MENT (DME) TO MEDICARE PAYMENT RATES. 

23 (a) MEDICAID REIMBURSEMENT.— 

24 (1) IN GENERAL.—Section 1903(i) of the Social 

25 Security Act (42 U.S.C. 1396b(i)) is amended— 
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1 (A) in paragraph (25), by striking ‘‘or’’ at 

2 the end; 

3 (B) in paragraph (26), by striking the pe4 riod at the end and inserting ‘‘; or’’; and 

5 (C) by inserting after paragraph (26) the 

6 following new paragraph: 

7 ‘‘(27) with respect to any amounts expended by 

8 the State on the basis of a fee schedule for items de9 scribed in section 1861(n) and furnished on or after 

10 January 1, 2019, as determined in the aggregate with 

11 respect to each class of such items as defined by the 

12 Secretary, in excess of the aggregate amount, if any, 

13 that would be paid for such items within such class 

14 on a fee-for-service basis under the program under 

15 part B of title XVIII, including, as applicable, under 

16 a competitive acquisition program under section 1847 

17 in an area of the State.’’. 

18 (2) RULE OF CONSTRUCTION.—Nothing in the 

19 amendments made by paragraph (1) shall be con20 strued to prohibit a State Medicaid program from 

21 providing medical assistance for durable medical 

22 equipment for which payment is denied or not avail23 able under the Medicare program under title XVIII of 

24 such Act. 
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1 (b) EVALUATING APPLICATION OF DME PAYMENT

2 LIMITS UNDER MEDICAID.—The Secretary of Health and 

3 Human Services shall evaluate the impact of applying 

4 Medicare payment rates with respect to payment for dura5 ble medical equipment under the Medicaid program under 

6 section 1903(i)(27) of the Social Security Act, as inserted 

7 by subsection (a)(1)(C). The Secretary shall make available 

8 to the public the results of such evaluation. 

9 SEC. 504. TREATMENT OF DISPOSABLE DEVICES. 

10 (a) IN GENERAL.—Section 1834 of the Social Security 

11 Act (42 U.S.C. 1395m) is amended by adding at the end 

12 the following new subsection: 

13 ‘‘(s) PAYMENT FOR APPLICABLE DISPOSABLE DE14 VICES.— 

15 ‘‘(1) SEPARATE PAYMENT.—The Secretary shall 

16 make a payment (separate from the payments other17 wise made under section 1895) in the amount estab18 lished under paragraph (3) to a home health agency 

19 for an applicable disposable device (as defined in 

20 paragraph (2)) when furnished on or after January 

21 1, 2017, to an individual who receives home health 

22 services for which payment is made under section 

23 1895(b). 

24 ‘‘(2) APPLICABLE DISPOSABLE DEVICE.—In this 

25 subsection, the term applicable disposable device 
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1 means a disposable device that, as determined by the 

2 Secretary, is— 

3 ‘‘(A) a disposable negative pressure wound 

4 therapy device that is an integrated system com5 prised of a non-manual vacuum pump, a recep6 tacle for collecting exudate, and dressings for the 

7 purposes of wound therapy; and 

8 ‘‘(B) a substitute for, and used in lieu of, 

9 a negative pressure wound therapy durable med10 ical equipment item that is an integrated system 

11 of a negative pressure vacuum pump, a separate 

12 exudate collection canister, and dressings that 

13 would otherwise be covered for individuals for 

14 such wound therapy. 

15 ‘‘(3) PAYMENT AMOUNT.—The separate payment 

16 amount established under this paragraph for an ap17 plicable disposable device for a year shall be equal to 

18 the amount of the payment that would be made under 

19 section 1833(t) (relating to payment for covered OPD 

20 services) for the year for the Level I Healthcare Com21 mon Procedure Coding System (HCPCS) code for 

22 which the description for a professional service in23 cludes the furnishing of such device.’’. 

24 (b) CONFORMING AMENDMENTS.— 
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1 (1) COINSURANCE.—Section 1833(a)(1) of the 

2 Social Security Act (42 U.S.C. 1395l(a)(1)) is 

3 amended— 

4 (A) by striking ‘‘and (Z)’’ and inserting 

5 ‘‘(Z)’’; and 

6 (B) by inserting before the semicolon at the 

7 end the following: ‘‘, and (AA) with respect to an 

8 applicable disposable device (as defined in para9 graph (2) of section 1834(s)) furnished to an in10 dividual pursuant to paragraph (1) of such sec11 tion, the amount paid shall be equal to 80 per12 cent of the lesser of the actual charge or the 

13 amount determined under paragraph (3) of such 

14 section’’. 

15 (2) HOME HEALTH.—Section 1861(m)(5) of the 

16 Social Security Act (42 U.S.C. 1395x(m)(5)) is 

17 amended by inserting ‘‘and applicable disposable de18 vices (as defined in section 1834(s)(2))’’ after ‘‘dura19 ble medical equipment’’. 

20 (c) REPORTS.— 

21 (1) GAO STUDY AND REPORT ON DISPOSABLE

22 DEVICES.— 

23 (A) STUDY.—The Comptroller General of 

24 the United States shall conduct a study on the 

25 value of disposable devices to the Medicare pro-
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1 gram and Medicare beneficiaries and the role of 

2 disposable devices as substitutes for durable med3 ical equipment. Such study shall address the fol4 lowing: 

5 (i) The types of disposable devices that 

6 could potentially qualify as being sub7 stitutes for durable medical equipment 

8 under the Medicare program, the similar9 ities and differences between such disposable 

10 devices and the durable medical equipment 

11 for which they would be a substitute, and 

12 the extent to which other payers, including 

13 the Medicaid program and private payers, 

14 cover such disposable devices. 

15 (ii) Views of, and information from, 

16 medical device manufacturers, providers of 

17 services, and suppliers on the incentives and 

18 disincentives under current Medicare cov19 erage and payment policies for disposable 

20 devices that are substitutes for durable med21 ical equipment and how such policies affect 

22 manufacturers’ decisions to develop innova23 tive products and providers’ and suppliers’ 

24 decisions to use such products. 
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1 (iii) Implications of expanding cov2 erage under the Medicare program to in3 clude additional disposable devices that are 

4 substitutes for durable medical equipment. 

5 (iv) Payment methodologies that could 

6 be used to pay for disposable devices that 

7 are substitutes for durable medical equip8 ment other than applicable disposable de9 vices pursuant to the amendments made by 

10 subsections (a) and (b). 

11 (v) Other applicable areas determined 

12 appropriate by the Comptroller General. 

13 (B) REPORT.—Not later than 18 months 

14 after the date of the enactment of this Act, the 

15 Comptroller General of the United States shall 

16 submit to Congress and the Secretary of Health 

17 and Human Services a report on the study con18 ducted under subparagraph (A), together with 

19 recommendations for such legislation and ad20 ministrative action as the Comptroller General 

21 determines to be appropriate. 

22 (2) GAO STUDY AND REPORT ON THE IMPACT OF

23 THE PAYMENT OF APPLICABLE DISPOSABLE DE24 VICES.— 
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1 (A) STUDY.—The Comptroller General of 

2 the United States shall conduct a study on the 

3 impact of the payment for applicable disposable 

4 devices (as defined in section 1834(s)(2) of the 

5 Social Security Act) under the provisions of, and 

6 the amendments made by, subsections (a) and 

7 (b). Such study shall address the following: 

8 (i) The impact on utilization and 

9 Medicare program and beneficiary spending 

10 as a result of such provisions and amend11 ments. 

12 (ii) The type of Medicare beneficiaries 

13 who, under the home health benefit, use the 

14 applicable disposable device and the period 

15 of use of the applicable disposable devices 

16 compared to the beneficiaries who use the 

17 substitute durable medical equipment and 

18 their period of use. 

19 (iii) How payment rates of other pay20 ers, including the Medicaid program and 

21 private payers, for applicable disposable de22 vices compare to the payment rates for such 

23 devices under such provisions and amend24 ments. 
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1 (iv) Other applicable areas determined 

2 appropriate by the Comptroller General. 

3 (B) REPORT.—Not later than 4 years after 

4 the date of the enactment of this Act, the Comp5 troller General of the United States shall submit 

6 to Congress and the Secretary of Health and 

7 Human Services a report on the study conducted 

8 under subparagraph (A), together with rec9 ommendations for such legislation and adminis10 trative action as the Comptroller General deter11 mines to be appropriate. 

12 (d) EFFECTIVE DATE.—The amendments made by this 

13 section shall apply to items furnished on or after January 

14 1, 2017. 

15 TITLE VI—PUERTO RICO 

16 SEC. 601. MODIFICATION OF MEDICARE INPATIENT HOS17 PITAL PAYMENT RATE FOR PUERTO RICO 

18 HOSPITALS. 

19 Section 1886(d)(9)(E) of the Social Security Act (42 

20 U.S.C. 1395ww(d)(9)(E)) is amended— 

21 (1) by striking ‘‘and’’ at the end of clause (iii); 

22 (2) in clause (iv)— 

23 (A) by inserting ‘‘and before January 1, 

24 2016,’’ after ‘‘2004,’’; and 
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1 (B) by striking the period at the end and 

2 inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new 

4 clause: 

5 ‘‘(v) on or after January 1, 2016, the applicable 

6 Puerto Rico percentage is 0 percent and the applica7 ble Federal percentage is 100 percent.’’. 

8 SEC. 602. APPLICATION OF MEDICARE HITECH PAYMENTS 

9 TO HOSPITALS IN PUERTO RICO. 

10 (a) IN GENERAL.—Subsection (n)(6)(B) of section 

11 1886 of the Social Security Act (42 U.S.C. 1395ww) is 

12 amended by striking ‘‘subsection (d) hospital’’ and inserting 

13 ‘‘hospital that is a subsection (d) hospital or a subsection 

14 (d) Puerto Rico hospital’’. 

15 (b) CONFORMING AMENDMENTS.— 

16 (1) Subsection (b)(3)(B)(ix) of section 1886 of 

17 the Social Security Act (42 U.S.C. 1395ww) is 

18 amended— 

19 (A) in subclause (I), by striking ‘‘(n)(6)(A)’’ 

20 and inserting ‘‘(n)(6)(B)’’; and 

21 (B) in subclause (II), by striking ‘‘a sub22 section (d) hospital’’ and inserting ‘‘an eligible 

23 hospital’’. 

24 (2) Paragraphs (2) and (4)(A) of section 

25 1853(m) of the Social Security Act (42 U.S.C. 
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1 1395w–23(m)) are each amended by striking 

2 ‘‘1886(n)(6)(A)’’ and inserting ‘‘1886(n)(6)(B)’’. 

3 (c) IMPLEMENTATION.—Notwithstanding any other 

4 provision of law, the Secretary of Health and Human Serv5 ices may implement the amendments made by this section 

6 by program instruction or otherwise. 

7 (d) EFFECTIVE DATE.—The amendments made by this 

8 section shall apply as if included in the enactment of the 

9 American Recovery and Reinvestment Act of 2009 (Public 

10 Law 111–5), except that, in order to take into account 

11 delays in the implementation of this section, in applying 

12 subsections (b)(3)(B)(ix), (n)(2)(E)(ii), and (n)(2)(G)(i) of 

13 section 1886 of the Social Security Act, as amended by this 

14 section, any reference in such subsections to a particular 

15 year shall be treated with respect to a subsection (d) Puerto 

16 Rico hospital as a reference to the year that is 5 years after 

17 such particular year (or 7 years after such particular year 

18 in the case of applying subsection (b)(3)(B)(ix) of such sec19 tion). 

20 TITLE VII—FINANCIAL SERVICES 

21 SEC. 701. TABLE OF CONTENTS. 

22 The table of contents for this title is as follows: 

Sec. 701. Table of contents. 

Sec. 702. Limitations on sale of preferred stock. 

Sec. 703. Confidentiality of information shared between State and Federal financial services regulators. 

Sec. 704. Application of FACA. 

Sec. 705. Treatment of affiliate transactions. 

Sec. 706. Ensuring the protection of insurance policyholders. 
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Sec. 707. Limitation on SEC funds. 

Sec. 708. Elimination of reporting requirement. 

Sec. 709. Extension of Hardest Hit Fund; Termination of Making Home Affordable initiative. 

1 SEC. 702. LIMITATIONS ON SALE OF PREFERRED STOCK. 

2 (a) DEFINITIONS.—In this section: 

3 (1) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Treasury. 

5 (2) SENIOR PREFERRED STOCK PURCHASE

6 AGREEMENT.—The term ‘‘Senior Preferred Stock Pur7 chase Agreement’’ means— 

8 (A) the Amended and Restated Senior Pre9 ferred Stock Purchase Agreement, dated Sep10 tember 26, 2008, as such Agreement has been 

11 amended on May 6, 2009, December 24, 2009, 

12 and August 17, 2012, respectively, and as such 

13 Agreement may be further amended and restated, 

14 entered into between the Department of the 

15 Treasury and each enterprise, as applicable; and 

16 (B) any provision of any certificate in con17 nection with such Agreement creating or desig18 nating the terms, powers, preferences, privileges, 

19 limitations, or any other conditions of the Vari20 able Liquidation Preference Senior Preferred 

21 Stock of an enterprise issued or sold pursuant to 

22 such Agreement. 
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1 (b) LIMITATIONS ON SALE OF PREFERRED STOCK.— 

2 Notwithstanding any other provision of law or any provi3 sion of the Senior Preferred Stock Purchase Agreement, 

4 until at least January 1, 2018, the Secretary may not sell, 

5 transfer, relinquish, liquidate, divest, or otherwise dispose 

6 of any outstanding shares of senior preferred stock acquired 

7 pursuant to the Senior Preferred Stock Purchase Agree8 ment, unless Congress has passed and the President has 

9 signed into law legislation that includes a specific instruc10 tion to the Secretary regarding the sale, transfer, relin11 quishment, liquidation, divestiture, or other disposition of 

12 the senior preferred stock so acquired. 

13 (c) SENSE OF CONGRESS.—It is the Sense of Congress 

14 that Congress should pass and the President should sign 

15 into law legislation determining the future of Fannie Mae 

16 and Freddie Mac, and that notwithstanding the expiration 

17 of subsection (b), the Secretary should not sell, transfer, re18 linquish, liquidate, divest, or otherwise dispose of any out19 standing shares of senior preferred stock acquired pursuant 

20 to the Senior Preferred Stock Purchase Agreement until 

21 such legislation is enacted. 
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1 SEC. 703. CONFIDENTIALITY OF INFORMATION SHARED BE2 TWEEN STATE AND FEDERAL FINANCIAL 

3 SERVICES REGULATORS. 

4 Section 1512(a) of the S.A.F.E. Mortgage Licensing 

5 Act of 2008 (12 U.S.C. 5111(a)) is amended by inserting 

6 ‘‘or financial services’’ before ‘‘industry’’. 

7 SEC. 704. APPLICATION OF FACA. 

8 Section 1013 of the Consumer Financial Protection 

9 Act of 2010 (12 U.S.C. 5493) is amended by adding at the 

10 end the following: 

11 ‘‘(h) APPLICATION OF FACA.—Notwithstanding any 

12 provision of the Federal Advisory Committee Act (5 U.S.C. 

13 App.), such Act shall apply to each advisory committee of 

14 the Bureau and each subcommittee of such an advisory 

15 committee.’’. 

16 SEC. 705. TREATMENT OF AFFILIATE TRANSACTIONS. 

17 (a) COMMODITY EXCHANGE ACT AMENDMENTS.—Sec18 tion 2(h)(7)(D) of the Commodity Exchange Act (7 U.S.C. 

19 2(h)(7)(D)) is amended— 

20 (1) by redesignating clause (iii) as clause (v); 

21 (2) by striking clauses (i) and (ii) and inserting 

22 the following: 

23 ‘‘(i) IN GENERAL.—An affiliate of a 

24 person that qualifies for an exception under 

25 subparagraph (A) (including affiliate enti26 ties predominantly engaged in providing fi-
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1 nancing for the purchase of the merchandise 

2 or manufactured goods of the person) may 

3 qualify for the exception only if the affil4 iate— 

5 ‘‘(I) enters into the swap to hedge 

6 or mitigate the commercial risk of the 

7 person or other affiliate of the person 

8 that is not a financial entity, and the 

9 commercial risk that the affiliate is 

10 hedging or mitigating has been trans11 ferred to the affiliate; 

12 ‘‘(II) is directly and wholly-owned 

13 by another affiliate qualified for the 

14 exception under this subparagraph or 

15 an entity that is not a financial enti16 ty; 

17 ‘‘(III) is not indirectly majority18 owned by a financial entity; 

19 ‘‘(IV) is not ultimately owned by 

20 a parent company that is a financial 

21 entity; and 

22 ‘‘(V) does not provide any serv23 ices, financial or otherwise, to any af24 filiate that is a nonbank financial 

25 company supervised by the Board of 
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1 Governors (as defined under section 

2 102 of the Financial Stability Act of 

3 2010). 

4 ‘‘(ii) LIMITATION ON QUALIFYING AF5 FILIATES.—The exception in clause (i) shall 

6 not apply if the affiliate is— 

7 ‘‘(I) a swap dealer; 

8 ‘‘(II) a security-based swap deal9 er; 

10 ‘‘(III) a major swap participant; 

11 ‘‘(IV) a major security-based swap 

12 participant; 

13 ‘‘(V) a commodity pool; 

14 ‘‘(VI) a bank holding company; 

15 ‘‘(VII) a private fund, as defined 

16 in section 202(a) of the Investment Ad17 visers Act of 1940 (15 U.S.C. 80–b– 

18 2(a)); 

19 ‘‘(VIII) an employee benefit plan 

20 or government plan, as defined in 

21 paragraphs (3) and (32) of section 3 of 

22 the Employee Retirement Income Secu23 rity Act of 1974 (29 U.S.C. 1002); 

24 ‘‘(IX) an insured depository insti25 tution; 
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1 ‘‘(X) a farm credit system institu2 tion; 

3 ‘‘(XI) a credit union; 

4 ‘‘(XII) a nonbank financial com5 pany supervised by the Board of Gov6 ernors (as defined under section 102 of 

7 the Financial Stability Act of 2010); 

8 or 

9 ‘‘(XIII) an entity engaged in the 

10 business of insurance and subject to 

11 capital requirements established by an 

12 insurance governmental authority of a 

13 State, a territory of the United States, 

14 the District of Columbia, a country 

15 other than the United States, or a po16 litical subdivision of a country other 

17 than the United States that is engaged 

18 in the supervision of insurance compa19 nies under insurance law. 

20 ‘‘(iii) LIMITATION ON AFFILIATES’ AF21 FILIATES.—Unless the Commission deter22 mines, by order, rule, or regulation, that it 

23 is in the public interest, the exception in 

24 clause (i) shall not apply with respect to an 
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1 affiliate if the affiliate is itself affiliated 

2 with— 

3 ‘‘(I) a major security-based swap 

4 participant; 

5 ‘‘(II) a security-based swap deal6 er; 

7 ‘‘(III) a major swap participant; 

8 or 

9 ‘‘(IV) a swap dealer. 

10 ‘‘(iv) CONDITIONS ON TRANS11 ACTIONS.—With respect to an affiliate that 

12 qualifies for the exception in clause (i)— 

13 ‘‘(I) the affiliate may not enter 

14 into any swap other than for the pur15 pose of hedging or mitigating commer16 cial risk; and 

17 ‘‘(II) neither the affiliate nor any 

18 person affiliated with the affiliate that 

19 is not a financial entity may enter 

20 into a swap with or on behalf of any 

21 affiliate that is a financial entity or 

22 otherwise assume, net, combine, or con23 solidate the risk of swaps entered into 

24 by any such financial entity, except 

25 one that is an affiliate that qualifies 
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1 for the exception under clause (i).’’; 

2 and 

3 (3) by adding at the end the following: 

4 ‘‘(vi) RISK MANAGEMENT PROGRAM.— 

5 Any swap entered into by an affiliate that 

6 qualifies for the exception in clause (i) shall 

7 be subject to a centralized risk management 

8 program of the affiliate, which is reasonably 

9 designed both to monitor and manage the 

10 risks associated with the swap and to iden11 tify each of the affiliates on whose behalf a 

12 swap was entered into.’’. 

13 (b) SECURITIES EXCHANGE ACT OF 1934 AMEND14 MENT.—Section 3C(g)(4) of the Securities Exchange Act of 

15 1934 (15 U.S.C. 78c–3(g)(4)) is amended— 

16 (1) by redesignating subparagraph (C) as sub17 paragraph (E); 

18 (2) by striking subparagraphs (A) and (B) and 

19 inserting the following: 

20 ‘‘(A) IN GENERAL.—An affiliate of a person 

21 that qualifies for an exception under this sub22 section (including affiliate entities predomi23 nantly engaged in providing financing for the 

24 purchase of the merchandise or manufactured 
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1 goods of the person) may qualify for the excep2 tion only if the affiliate— 

3 ‘‘(i) enters into the security-based swap 

4 to hedge or mitigate the commercial risk of 

5 the person or other affiliate of the person 

6 that is not a financial entity, and the com7 mercial risk that the affiliate is hedging or 

8 mitigating has been transferred to the affil9 iate; 

10 ‘‘(ii) is directly and wholly-owned by 

11 another affiliate qualified for the exception 

12 under this paragraph or an entity that is 

13 not a financial entity; 

14 ‘‘(iii) is not indirectly majority-owned 

15 by a financial entity; 

16 ‘‘(iv) is not ultimately owned by a 

17 parent company that is a financial entity; 

18 and 

19 ‘‘(v) does not provide any services, fi20 nancial or otherwise, to any affiliate that is 

21 a nonbank financial company supervised by 

22 the Board of Governors (as defined under 

23 section 102 of the Financial Stability Act of 

24 2010). 
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1 ‘‘(B) LIMITATION ON QUALIFYING AFFILI2 ATES.—The exception in subparagraph (A) shall 

3 not apply if the affiliate is— 

4 ‘‘(i) a swap dealer; 

5 ‘‘(ii) a security-based swap dealer; 

6 ‘‘(iii) a major swap participant; 

7 ‘‘(iv) a major security-based swap par8 ticipant; 

9 ‘‘(v) a commodity pool; 

10 ‘‘(vi) a bank holding company; 

11 ‘‘(vii) a private fund, as defined in sec12 tion 202(a) of the Investment Advisers Act 

13 of 1940 (15 U.S.C. 80–b–2(a)); 

14 ‘‘(viii) an employee benefit plan or 

15 government plan, as defined in paragraphs 

16 (3) and (32) of section 3 of the Employee 

17 Retirement Income Security Act of 1974 (29 

18 U.S.C. 1002); 

19 ‘‘(ix) an insured depository institution; 

20 ‘‘(x) a farm credit system institution; 

21 ‘‘(xi) a credit union; 

22 ‘‘(xii) a nonbank financial company 

23 supervised by the Board of Governors (as 

24 defined under section 102 of the Financial 

25 Stability Act of 2010); or 
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1 ‘‘(xiii) an entity engaged in the busi2 ness of insurance and subject to capital re3 quirements established by an insurance gov4 ernmental authority of a State, a territory 

5 of the United States, the District of Colum6 bia, a country other than the United States, 

7 or a political subdivision of a country other 

8 than the United States that is engaged in 

9 the supervision of insurance companies 

10 under insurance law. 

11 ‘‘(C) LIMITATION ON AFFILIATES’ AFFILI12 ATES.—Unless the Commission determines, by 

13 order, rule, or regulation, that it is in the public 

14 interest, the exception in subparagraph (A) shall 

15 not apply with respect to an affiliate if such af16 filiate is itself affiliated with— 

17 ‘‘(i) a major security-based swap par18 ticipant; 

19 ‘‘(ii) a security-based swap dealer; 

20 ‘‘(iii) a major swap participant; or 

21 ‘‘(iv) a swap dealer. 

22 ‘‘(D) CONDITIONS ON TRANSACTIONS.—With 

23 respect to an affiliate that qualifies for the excep24 tion in subparagraph (A)— 
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1 ‘‘(i) such affiliate may not enter into 

2 any security-based swap other than for the 

3 purpose of hedging or mitigating commer4 cial risk; and 

5 ‘‘(ii) neither such affiliate nor any per6 son affiliated with such affiliate that is not 

7 a financial entity may enter into a secu8 rity-based swap with or on behalf of any af9 filiate that is a financial entity or otherwise 

10 assume, net, combine, or consolidate the risk 

11 of security-based swaps entered into by any 

12 such financial entity, except one that is an 

13 affiliate that qualifies for the exception 

14 under subparagraph (A).’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(F) RISK MANAGEMENT PROGRAM.—Any 

17 security-based swap entered into by an affiliate 

18 that qualifies for the exception in subparagraph 

19 (A) shall be subject to a centralized risk manage20 ment program of the affiliate, which is reason21 ably designed both to monitor and manage the 

22 risks associated with the security-based swap and 

23 to identify each of the affiliates on whose behalf 

24 a security-based swap was entered into.’’. 
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1 SEC. 706. ENSURING THE PROTECTION OF INSURANCE POL2 ICYHOLDERS. 

3 (a) SOURCE OF STRENGTH.—Section 38A of the Fed4 eral Deposit Insurance Act (12 U.S.C. 1831o–1) is amend5 ed— 

6 (1) by redesignating subsections (c), (d), and (e) 

7 as subsections (d), (e), and (f), respectively; and 

8 (2) by inserting after subsection (b) the fol9 lowing: 

10 ‘‘(c) AUTHORITY OF STATE INSURANCE REGU11 LATOR.— 

12 ‘‘(1) IN GENERAL.—The provisions of section 

13 5(g) of the Bank Holding Company Act of 1956 (12 

14 U.S.C. 1844(g)) shall apply to a savings and loan 

15 holding company that is an insurance company, an 

16 affiliate of an insured depository institution that is 

17 an insurance company, and to any other company 

18 that is an insurance company and that directly or 

19 indirectly controls an insured depository institution, 

20 to the same extent as the provisions of that section 

21 apply to a bank holding company that is an insur22 ance company. 

23 ‘‘(2) RULE OF CONSTRUCTION.—Requiring a 

24 bank holding company that is an insurance company, 

25 a savings and loan holding company that is an in26 surance company, an affiliate of an insured deposi-
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1 tory institution that is an insurance company, or 

2 any other company that is an insurance company 

3 and that directly or indirectly controls an insured de4 pository institution to serve as a source of financial 

5 strength under this section shall be deemed an action 

6 of the Board that requires a bank holding company 

7 to provide funds or other assets to a subsidiary depos8 itory institution for purposes of section 5(g) of the 

9 Bank Holding Company Act of 1956 (12 U.S.C. 

10 1844(g)).’’. 

11 (b) LIQUIDATION AUTHORITY.—The Dodd-Frank Wall 

12 Street Reform and Consumer Protection Act (12 U.S.C. 

13 5301 et seq.) is amended— 

14 (1) in section 203(e)(3) (12 U.S.C. 5383(e)(3)), 

15 by inserting ‘‘or rehabilitation’’ after ‘‘orderly liq16 uidation’’ each place that term appears; and 

17 (2) in section 204(d)(4) (12 U.S.C. 5384(d)(4)), 

18 by inserting before the semicolon at the end the fol19 lowing: ‘‘, except that, if the covered financial com20 pany or covered subsidiary is an insurance company 

21 or a subsidiary of an insurance company, the Cor22 poration— 

23 ‘‘(A) shall promptly notify the State insur24 ance authority for the insurance company of the 

25 intention to take such lien; and 
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1 ‘‘(B) may only take such lien— 

2 ‘‘(i) to secure repayment of funds made 

3 available to such covered financial company 

4 or covered subsidiary; and 

5 ‘‘(ii) if the Corporation determines, 

6 after consultation with the State insurance 

7 authority, that such lien will not unduly 

8 impede or delay the liquidation or rehabili9 tation of the insurance company, or the re10 covery by its policyholders’’. 

11 SEC. 707. LIMITATION ON SEC FUNDS. 

12 None of the funds made available by any division of 

13 this Act shall be used by the Securities and Exchange Com14 mission to finalize, issue, or implement any rule, regula15 tion, or order regarding the disclosure of political contribu16 tions, contributions to tax exempt organizations, or dues 

17 paid to trade associations. 

18 SEC. 708. ELIMINATION OF REPORTING REQUIREMENT. 

19 Paragraph (6) of section 21(h) of the Securities Ex20 change Act of 1934 (15 U.S.C. 78u(h)) is repealed. 

21 SEC. 709. EXTENSION OF HARDEST HIT FUND; TERMI22 NATION OF MAKING HOME AFFORDABLE INI23 TIATIVE. 

24 (a) EXTENSION OF HARDEST HIT FUND.—Section 

25 120(b) of the Emergency Economic Stabilization Act of 
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1 2008 (12 U.S.C. 5230(b)) is amended by inserting after the 

2 period at the end the following: ‘‘Notwithstanding the fore3 going, the Secretary may further extend the authority pro4 vided under this Act to expire on December 31, 2017, pro5 vided that (1) any such extension shall apply only with 

6 respect to current program participants in the Housing Fi7 nance Agency Innovation Fund for the Hardest Hit Hous8 ing Markets, and (2) funds obligated following such exten9 sion shall not exceed $2,000,000,000.’’. 

10 (b) TERMINATION.— 

11 (1) IN GENERAL.—The Making Home Affordable 

12 initiative of the Secretary of the Treasury, as author13 ized under the Emergency Economic Stabilization Act 

14 of 2008 (12 U.S.C. 5201 et seq.), shall terminate on 

15 December 31, 2016. 

16 (2) APPLICABILITY.—Paragraph (1) shall not 

17 apply to any loan modification application made 

18 under the Home Affordable Modification Program 

19 under the Making Home Affordable initiative of the 

20 Secretary of the Treasury, as authorized under the 

21 Emergency Economic Stabilization Act of 2008 (12 

22 U.S.C. 5201 et seq.), before December 31, 2016. 
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1 TITLE VIII—LAND AND WATER 

2 CONSERVATION FUND 

3 SEC. 801. LAND AND WATER CONSERVATION FUND. 

4 (a) REAUTHORIZATION.—Section 200302 of title 54, 

5 United States Code, is amended— 

6 (1) in subsection (b), in the language preceding 

7 paragraph (1), by striking ‘‘September 30, 2015’’ and 

8 inserting ‘‘September 30, 2018’’; and 

9 (2) in subsection (c)(1), by striking ‘‘September 

10 30, 2015’’ and inserting ‘‘September 30, 2018’’. 

11 (b) PROHIBITION ON USE OF CONDEMNATION OR EMI12 NENT DOMAIN.—Except as provided by subsection (c), for 

13 fiscal years 2016, 2017, and 2018, unless otherwise provided 

14 by division G of this Act or an Act enacted after this Act 

15 making appropriations for the Department of the Interior, 

16 Environment, and Related Agencies, no funds appropriated 

17 by such division or Act for the acquisition of lands or inter18 ests in lands may be expended for the filing of declarations 

19 of taking or complaints in condemnation without the ap20 proval of the House and Senate Committees on Appropria21 tions. 

22 (c) EXCEPTION FOR EVERGLADES.—Hereafter, sub23 section (b) shall not apply to funds appropriated to imple24 ment the Everglades National Park Protection and Expan25 sion Act of 1989, or to funds appropriated for Federal as-
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1 sistance to the State of Florida to acquire lands for Ever2 glades restoration purposes. 

3 TITLE IX—NATIONAL OCEANS 

4 AND COASTAL SECURITY 

5 SEC. 901. SHORT TITLE. 

6 This title may be cited as the ‘‘National Oceans and 

7 Coastal Security Act’’. 

8 SEC. 902. DEFINITIONS. 

9 In this title: 

10 (1) COASTAL COUNTY.—The term ‘‘coastal coun11 ty’’ has the meaning given the term by the National 

12 Oceanic and Atmospheric Administration in the doc13 ument entitled ‘‘NOAA’s List of Coastal Counties for 

14 the Bureau of the Census’’ (or similar successor docu15 ment). 

16 (2) COASTAL STATE.—The term ‘‘coastal State’’ 

17 has the meaning given the term ‘‘coastal state’’ in sec18 tion 304 of the Coastal Zone Management Act of 1972 

19 (16 U.S.C. 1453). 

20 (3) FOUNDATION.—The term ‘‘Foundation’’ 

21 means the National Fish and Wildlife Foundation es22 tablished by section 2(a) of the National Fish and 

23 Wildlife Foundation Establishment Act (16 U.S.C. 

24 3701(a)). 
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1 (4) FUND.—The term ‘‘Fund’’ means the Na2 tional Oceans and Coastal Security Fund established 

3 under section 904(a). 

4 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

5 means any federally recognized Indian tribe. 

6 (6) ADMINISTRATOR.—Except as otherwise spe7 cifically provided, the term ‘‘Administrator’’ means 

8 the Under Secretary of Commerce for Oceans and At9 mosphere and Administrator of the National Oceanic 

10 and Atmospheric Administration. 

11 (7) TIDAL SHORELINE.—The term ‘‘tidal shore12 line’’ has the meaning given that term pursuant to 

13 section 923.110(c)(2)(i) of title 15, Code of Federal 

14 Regulations, or a similar successor regulation. 

15 SEC. 903. PURPOSES AND AGREEMENTS. 

16 (a) PURPOSES.—The purposes of this title are to better 

17 understand and utilize the oceans, coasts, and Great Lakes 

18 of the United States, and ensure present and future genera19 tions will benefit from the full range of ecological, economic, 

20 social, and recreational opportunities, security, and services 

21 these resources are capable of providing. 

22 (b) AGREEMENTS.—The Administrator and the Foun23 dation may enter into such agreements as may be necessary 

24 to carry out the purposes of this title. 
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1 SEC. 904. NATIONAL OCEANS AND COASTAL SECURITY 

2 FUND. 

3 (a) ESTABLISHMENT.—The Administrator and the 

4 Foundation are authorized to establish the National Oceans 

5 and Coastal Security Fund as a tax exempt fund to further 

6 the purposes of this title. 

7 (b) DEPOSITS.— 

8 (1) IN GENERAL.—There shall be deposited into 

9 the Fund amounts appropriated or otherwise made 

10 available to carry out this title. 

11 (2) PROHIBITIONS ON DONATIONS FROM FOREIGN

12 GOVERNMENTS.—No amounts donated by a foreign 

13 government, as defined in section 7342 of title 5, 

14 United States Code, may be deposited into the Fund. 

15 (c) REQUIREMENTS.—Any amounts received by the 

16 Foundation pursuant to this title shall be subject to the pro17 visions of the National Fish and Wildlife Foundation Es18 tablishment Act (16 U.S.C. 3701 et seq.), except the provi19 sions of— 

20 (1) section 4(e)(1)(B) of that Act (16 U.S.C. 

21 3703(e)(1)(B)); and 

22 (2) section 10(a) of that Act (16 U.S.C. 3709(a)). 

23 (d) EXPENDITURE.—Of the amounts deposited into the 

24 Fund for each fiscal year— 

25 (1) funds may be used by the Foundation to 

26 award grants to coastal States under section 906(b); 
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1 (2) funds may be used by the Foundation to 

2 award grants under section 906(c); 

3 (3) no more than 2 percent may be used by the 

4 Administrator and the Foundation for administrative 

5 expenses to carry out this title, which amount shall 

6 be divided between the Administrator and the Foun7 dation pursuant to an agreement reached and docu8 mented by both the Administrator and the Founda9 tion. 

10 (e) RECOVERY OF PAYMENTS.—After notice and an op11 portunity for a hearing, the Administrator is authorized 

12 to recover any Federal payments under this section if the 

13 Foundation— 

14 (1) makes a withdrawal or expenditure from the 

15 Fund that is not consistent with the requirements of 

16 section 905; or 

17 (2) fails to comply with a procedure, measure, 

18 method, or standard established under section 

19 906(a)(1). 

20 SEC. 905. ELIGIBLE USES. 

21 (a) IN GENERAL.—Amounts in the Fund may be allo22 cated by the Foundation to support programs and activities 

23 intended to better understand and utilize ocean and coastal 

24 resources and coastal infrastructure, including baseline sci25 entific research, ocean observing, and other programs and 
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1 activities carried out in coordination with Federal and 

2 State departments or agencies. 

3 (b) PROHIBITION ON USE OF FUNDS FOR LITIGATION

4 OR OTHER PURPOSES.—No funds made available under 

5 this title may be used to— 

6 (1) fund litigation against the Federal Govern7 ment; or 

8 (2) fund the creation of national marine monu9 ments and marine protected areas, marine spatial 

10 planning, or the National Ocean Policy. 

11 SEC. 906. GRANTS. 

12 (a) ADMINISTRATION OF GRANTS.— 

13 (1) IN GENERAL.—Not later than 90 days after 

14 funds are deposited into the Fund and made available 

15 to the Foundation for administrative purposes, the 

16 Foundation shall establish the following: 

17 (A) Application and review procedures for 

18 the awarding of grants under this section, in19 cluding requirements ensuring that any amounts 

20 awarded under such subsections may only be 

21 used for an eligible use described under section 

22 905. 

23 (B) Selection procedures and criteria for the 

24 awarding of grants under this section that— 
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1 (i) require consultation with the Ad2 ministrator and the Secretary of the Inte3 rior; and 

4 (ii) prioritize the projects or activities 

5 where non-Federal partners have committed 

6 to share the cost of the project. 

7 (C) Eligibility criteria for awarding 

8 grants— 

9 (i) under subsection (b) to coastal 

10 States; and 

11 (ii) under subsection (c) to— 

12 (I) entities including States, local 

13 governments, and Indian tribes; and 

14 (II) the research and restoration 

15 work of associations, nongovernmental 

16 organizations, public-private partner17 ships, and academic institutions. 

18 (D) Performance accountability and moni19 toring measures for programs and activities 

20 funded by a grant awarded under subsection (b) 

21 or (c). 

22 (E) Procedures and methods to ensure accu23 rate accounting and appropriate administration 

24 of grants awarded under this section, including 

25 standards of recordkeeping. 
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1 (F) Procedures to carry out audits of the 

2 Fund as necessary, but not less frequently than 

3 once every year if grants have been awarded in 

4 that year. 

5 (G) Procedures to carry out audits of the re6 cipients of grants under this section. 

7 (H) Procedures to make publicly available 

8 on the Internet a list of all projects funded by the 

9 Fund, that includes at a minimum the grant re10 cipient, grant amount, project description, and 

11 project status. 

12 (2) APPROVAL.—The Foundation shall submit to 

13 the Administrator for approval each procedure, meas14 ure, method, and standard established under para15 graph (1). 

16 (b) GRANTS TO COASTAL STATES.— 

17 (1) IN GENERAL.—The Administrator and the 

18 Foundation may award grants according to the pro19 cedures established in subsection (a) to coastal States 

20 and United States territories to support activities 

21 consistent with section 904. In determining distribu22 tion of grants, the Foundation may— 

23 (A) consider for each State— 

24 (i) percent of total United States shore25 line miles; 
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1 (ii) coastal population density; and 

2 (iii) other factors; 

3 (B) establish criteria for States, including 

4 the requirement for a State to establish a plan 

5 to distribute the funds; and 

6 (C) establish a maximum and minimum 

7 percentage of funding to be awarded to each 

8 State or United States territory. 

9 (2) INDIAN TRIBES.—As a condition on receipt 

10 of a grant under this subsection, a State that receives 

11 a grant under this subsection shall ensure that Indian 

12 tribes in the State are eligible to participate in any 

13 competitive grants established in this title. 

14 (c) NATIONAL GRANTS FOR OCEANS, COASTS, AND

15 GREAT LAKES.— 

16 (1) IN GENERAL.—The Administrator and the 

17 Foundation may award grants according to the pro18 cedures established in subsection (a) to support activi19 ties consistent with section 905. 

20 (2) ADVISORY PANEL.— 

21 (A) IN GENERAL.—The Foundation may es22 tablish an advisory panel to conduct reviews of 

23 applications for grants under paragraph (1) and 

24 the Foundation may consider the recommenda-
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1 tions of the advisory panel with respect to such 

2 applications. 

3 (B) MEMBERSHIP.—The advisory panel de4 scribed under subparagraph (A) shall include 

5 persons representing— 

6 (i) ocean and coastal dependent indus7 tries; 

8 (ii) geographic regions as defined by 

9 the Foundation; and 

10 (iii) academic institutions. 

11 SEC. 907. ANNUAL REPORT. 

12 (a) REQUIREMENT FOR ANNUAL REPORT.—Subject to 

13 subsection (c), beginning with fiscal year 2017, not later 

14 than 60 days after the end of each fiscal year, the Founda15 tion shall submit to the Committee on Commerce, Science, 

16 and Transportation of the Senate and the Committee on 

17 Natural Resources of the House of Representatives a report 

18 on the operation of the Fund during that fiscal year. 

19 (b) CONTENT.—Each annual report submitted under 

20 subsection (a) for a fiscal year shall include— 

21 (1) a full and complete statement of the receipts, 

22 including the source of all receipts, expenditures, and 

23 investments of the Fund; 
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1 (2) a statement of the amounts deposited in the 

2 Fund and the balance remaining in the Fund at the 

3 end of the fiscal year; and 

4 (3) a description of the expenditures made from 

5 the Fund for the fiscal year, including the purpose of 

6 the expenditures. 

7 SEC. 908. FUNDING. 

8 There is authorized to be appropriated such sums as 

9 are necessary for fiscal years 2017, 2018, and 2019 for this 

10 title. 

11 TITLE X—BUDGETARY 

12 PROVISIONS 

13 SEC. 1001. BUDGETARY EFFECTS. 

14 (a) STATUTORY PAYGO SCORECARDS.—The budg15 etary effects of division M and each succeeding division 

16 shall not be entered on either PAYGO scorecard maintained 

17 pursuant to section 4(d) of the Statutory Pay-As-You-Go 

18 Act of 2010. 

19 (b) SENATE PAYGO SCORECARDS.—The budgetary ef20 fects of division M and each succeeding division shall not 

21 be entered on any PAYGO scorecard maintained for pur22 poses of section 201 of S. Con. Res. 21 (110th Congress). 

23 (c) CLASSIFICATION OF BUDGETARY EFFECTS.—Not24 withstanding Rule 3 of the Budget Scorekeeping Guidelines 

25 set forth in the joint explanatory statement of the committee 
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1 of conference accompanying Conference Report 105-217 and 

2 section 250(c)(8) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985, the budgetary effects of division 

4 M and each succeeding division shall not be estimated— 

5 (1) for purposes of section 251 of the such Act; 

6 and 

7 (2) for purposes of paragraph (4)(C) of section 

8 3 of the Statutory Pay-As-You-Go Act of 2010 as 

9 being included in an appropriation Act. 

10 SEC. 1002. AUTHORITY TO MAKE ADJUSTMENT IN FY 2016 

11 ALLOCATION. 

12 (a) IN GENERAL.—After the date of enactment of this 

13 Act, the chair of the Committee on the Budget of the House 

14 of Representatives may revise appropriate allocations, ag15 gregates, and levels established by Senate Concurrent Reso16 lution 11 (114th Congress) to achieve consistency with the 

17 Bipartisan Budget Act of 2015. 

18 (b) EXERCISE OF RULEMAKING POWERS.—The House 

19 adopts the provisions of this section— 

20 (1) as an exercise of the rulemaking power of the 

21 House of Representatives and as such they shall be 

22 considered as part of the rules of the House of Rep23 resentatives, and these rules shall supersede other 

24 rules only to the extent that they are inconsistent with 

25 other such rules; and 
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1 (2) with full recognition of the constitutional 

2 right of the House of Representatives to change those 

3 rules at any time, in the same manner, and to the 

4 same extent as in the case of any other rule of the 

5 House of Representatives. 

6 SEC. 1003. ESTIMATES. 

7 Section 251(a)(7)(B) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985 (2 U.S.C. 

9 901(a)(7)(B)) is amended in the first sentence by striking 

10 ‘‘the CBO estimate of that legislation, an OMB estimate 

11 of the amount of discretionary new budget authority and 

12 outlays’’ and inserting ‘‘both the CBO and OMB estimates 

13 of the amount of discretionary new budget authority’’. 

14 TITLE XI—IRAQ LOAN 

15 AUTHORITY 

16 SEC. 1101. IRAQ LOAN AUTHORITY. 

17 (a) AUTHORITY.—During fiscal year 2016, direct 

18 loans under section 23 of the Arms Export Control Act may 

19 be made available for Iraq, gross obligations for the prin20 cipal amounts of which shall not exceed $2,700,000,000: 

21 Provided, That funds appropriated under the heading ‘‘For22 eign Military Financing Program’’ in title VIII of the De23 partment of State, Foreign Operations and Related Pro24 grams Appropriations Act, 2016 that are designated by the 

25 Congress for Overseas Contingency Operations/Global War 
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1 on Terrorism pursuant to section 251(b)(2)(A) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985, 

3 may be made available for the costs, as defined in section 

4 502 of the Congressional Budget Act of 1974, of direct loans, 

5 except that such funds may not be derived from amounts 

6 specifically designated by such Acts for countries other than 

7 Iraq: Provided further, That such costs, including the cost 

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

9 of the Congressional Budget Act of 1974, and may include 

10 the costs of selling, reducing, or cancelling any amounts 

11 owed to the United States or any agency of the United 

12 States by Iraq: Provided further, That the Government of 

13 the United States may charge fees for such loans, which 

14 shall be collected from borrowers in accordance with section 

15 502(7) of the Congressional Budget Act of 1974: Provided 

16 further, That no funds made available to Iraq by the De17 partment of State, Foreign Operations, and Related Pro18 grams Appropriations Act, 2016 or previous appropria19 tions Acts may be used for payment of any fees associated 

20 with such loans: Provided further, That applicable provi21 sions of section 3 of the Arms Export Control Act relating 

22 to restrictions on transfers, re-transfers and end-use shall 

23 apply to defense articles and services purchased with such 

24 loans: Provided further, That, in consultation with the Gov25 ernment of Iraq, special emphasis shall be placed on assist-
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1 ance to covered groups (as defined in section 1223(e)(2)(D) 

2 of Public Law 114–92) with the loans made available pur3 suant to this paragraph: Provided further, That such loans 

4 shall be repaid in not more than 12 years, including a grace 

5 period of up to 1 year on repayment of principal. 

6 (b) CONSULTATION AND NOTIFICATION.—Funds made 

7 available pursuant to this section shall be subject to prior 

8 consultation with the appropriate congressional committees, 

9 and subject to the regular notification procedures of the 

10 Committees on Appropriations. 

11 (c) COMMITTEES.—For the purposes of this section, the 

12 terms ‘‘appropriate congressional committees’’ and ‘‘Com13 mittees on Appropriations’’ have the same meaning as used 

14 in the Department of State, Foreign Operations and Re15 lated Programs Appropriations Act, 2016. 

16 (d) BUDGETARY EFFECTS.—Section 1001 of title X of 

17 this division shall not apply to this section. 

18 DIVISION P—TAX-RELATED 

19 PROVISIONS 

20 SEC. 1. TABLE OF CONTENTS. 

21 The table of contents for this division is as follows: 

Sec. 1. Table of contents. 

TITLE I—HIGH COST EMPLOYER-SPONSORED HEALTH COVERAGE 

EXCISE TAX PROVISIONS 

Sec. 101. Delay of excise tax on high cost employer-sponsored health coverage. 

Sec. 102. Deductibility of excise tax on high cost employer-sponsored health coverage. 

Sec. 103. Study on suitable benchmarks for age and gender adjustment of excise 

tax on high cost employer-sponsored health coverage. 
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TITLE II—ANNUAL FEE ON HEALTH INSURANCE PROVIDERS 

Sec. 201. Moratorium on annual fee on health insurance providers. 

TITLE III—MISCELLANEOUS PROVISIONS 

Sec. 301. Extension and phaseout of credits for wind facilities. 

Sec. 302. Extension of election to treat qualified facilities as energy property. 

Sec. 303. Extension and phaseout of solar energy credit. 

Sec. 304. Extension and phaseout of credits with respect to qualified solar electric 

property and qualified solar water heating property. 

Sec. 305. Treatment of transportation costs of independent refiners. 

1 TITLE I—HIGH COST EMPLOYER2 SPONSORED HEALTH COV3 ERAGE EXCISE TAX PROVI4 SIONS 

5 SEC. 101. DELAY OF EXCISE TAX ON HIGH COST EMPLOYER6 SPONSORED HEALTH COVERAGE. 

7 (a) IN GENERAL.—Sections 9001(c) and 10901(c) of 

8 the Patient Protection and Affordable Care Act, as amended 

9 by section 1401(b) of the Health Care and Education Rec10 onciliation Act of 2010, are each amended by striking 

11 ‘‘2017’’ and inserting ‘‘2019’’. 

12 (b) CONFORMING AMENDMENT.—Clause (v) of section 

13 4980I(b)(3)(C) of the Internal Revenue Code of 1986 is 

14 amended— 

15 (1) by striking ‘‘as in effect’’ and inserting ‘‘as 

16 determined for’’, and 

17 (2) by striking ‘‘as so in effect’’ and inserting 

18 ‘‘as so determined’’. 
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1 SEC. 102. DEDUCTIBILITY OF EXCISE TAX ON HIGH COST 

2 EMPLOYER-SPONSORED HEALTH COVERAGE. 

3 Paragraph (10) of section 4980I(f) of the Internal Rev4 enue Code of 1986 is amended to read as follows: 

5 ‘‘(10) DEDUCTIBILITY OF TAX.—Section 

6 275(a)(6) shall not apply to the tax imposed by sub7 section (a).’’. 

8 SEC. 103. STUDY ON SUITABLE BENCHMARKS FOR AGE AND 

9 GENDER ADJUSTMENT OF EXCISE TAX ON 

10 HIGH COST EMPLOYER-SPONSORED HEALTH 

11 COVERAGE. 

12 Not later than 18 months after the date of the enact13 ment of this Act, the Comptroller General of the United 

14 States, in consultation with the National Association of In15 surance Commissioners, shall report to the Committee on 

16 Finance of the Senate and the Committee on Ways and 

17 Means of the House of Representatives on— 

18 (1) the suitability of the use (in effect under sec19 tion 4980I(b)(3)(C)(iii)(II) of the Internal Revenue 

20 Code of 1986 as of the date of the enactment of this 

21 Act) of the premium cost of the Blue Cross/Blue 

22 Shield standard benefit option under the Federal Em23 ployees Health Benefits Plan as a benchmark for the 

24 age and gender adjustment of the applicable dollar 

25 limit with respect to the excise tax on high cost em-
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1 ployer-sponsored health coverage under section 4980I 

2 of the Internal Revenue Code of 1986; and 

3 (2) recommendations regarding any more suit4 able benchmarks for such age and gender adjustment. 

5 TITLE II—ANNUAL FEE ON 

6 HEALTH INSURANCE PROVIDERS 

7 SEC. 201. MORATORIUM ON ANNUAL FEE ON HEALTH IN8 SURANCE PROVIDERS. 

9 Subsection (j) of section 9010 of the Patient Protection 

10 and Affordable Care Act is amended to read as follows: 

11 ‘‘(j) EFFECTIVE DATE.—This section shall apply to 

12 calendar years— 

13 ‘‘(1) beginning after December 31, 2013, and 

14 ending before January 1, 2017, and 

15 ‘‘(2) beginning after December 31, 2017.’’. 

16 TITLE III—MISCELLANEOUS 

17 PROVISIONS 

18 SEC. 301. EXTENSION AND PHASEOUT OF CREDITS FOR 

19 WIND FACILITIES. 

20 (a) IN GENERAL.— 

21 (1) EXTENSION.—Paragraph (1) of section 45(d) 

22 of the Internal Revenue Code of 1986 is amended by 

23 striking ‘‘January 1, 2015’’ and inserting ‘‘January 

24 1, 2020’’. 
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1 (2) PHASEOUT.—Subsection (b) of section 45 of 

2 such Code is amended by adding at the end the fol3 lowing new paragraph: 

4 ‘‘(5) PHASEOUT OF CREDIT FOR WIND FACILI5 TIES.—In the case of any facility using wind to 

6 produce electricity, the amount of the credit deter7 mined under subsection (a) (determined after the ap8 plication of paragraphs (1), (2), and (3) and without 

9 regard to this paragraph) shall be reduced by— 

10 ‘‘(A) in the case of any facility the construc11 tion of which begins after December 31, 2016, 

12 and before January 1, 2018, 20 percent, 

13 ‘‘(B) in the case of any facility the con14 struction of which begins after December 31, 

15 2017, and before January 1, 2019, 40 percent, 

16 and 

17 ‘‘(C) in the case of any facility the construc18 tion of which begins after December 31, 2018, 

19 and before January 1, 2020, 60 percent.’’. 

20 (b) EFFECTIVE DATE.—The amendments made by this 

21 section shall take effect on January 1, 2015. 

22 SEC. 302. EXTENSION OF ELECTION TO TREAT QUALIFIED 

23 FACILITIES AS ENERGY PROPERTY. 

24 (a) IN GENERAL.—Clause (ii) of section 48(a)(5)(C) 

25 is amended by inserting ‘‘(January 1, 2020, in the case of 
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1 any facility which is described in paragraph (1) of section 

2 45(d))’’ before ‘‘, and’’. 

3 (b) PHASEOUT FOR WIND FACILITIES.—Paragraph 

4 (5) of section 48(a) is amended by adding at the end the 

5 following new subparagraph: 

6 ‘‘(E) PHASEOUT OF CREDIT FOR WIND FA7 CILITIES.—In the case of any facility using wind 

8 to produce electricity, the amount of the credit 

9 determined under this section (determined after 

10 the application of paragraphs (1) and (2) and 

11 without regard to this subparagraph) shall be re12 duced by— 

13 ‘‘(i) in the case of any facility the con14 struction of which begins after December 31, 

15 2016, and before January 1, 2018, 20 per16 cent, 

17 ‘‘(ii) in the case of any facility the 

18 construction of which begins after December 

19 31, 2017, and before January 1, 2019, 40 

20 percent, and 

21 ‘‘(iii) in the case of any facility the 

22 construction of which begins after December 

23 31, 2018, and before January 1, 2020, 60 

24 percent.’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on January 1, 2015. 

3 SEC. 303. EXTENSION AND PHASEOUT OF SOLAR ENERGY 

4 CREDIT. 

5 (a) EXTENSION.—Subclause (II) of section 

6 48(a)(2)(A)(i) of the Internal Revenue Code of 1986 is 

7 amended by striking ‘‘periods ending before January 1, 

8 2017’’ and inserting ‘‘property the construction of which 

9 begins before January 1, 2022’’. 

10 (b) PHASEOUT FOR SOLAR ENERGY PROPERTY.—Sub11 section (a) of section 48 of such Code is amended by adding 

12 at the end the following new paragraph: 

13 ‘‘(6) PHASEOUT FOR SOLAR ENERGY PROP14 ERTY.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graph (B), in the case of any energy property de17 scribed in paragraph (3)(A)(i) the construction 

18 of which begins before January 1, 2022, the en19 ergy percentage determined under paragraph (2) 

20 shall be equal to— 

21 ‘‘(i) in the case of any property the 

22 construction of which begins after December 

23 31, 2019, and before January 1, 2021, 26 

24 percent, and 
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1 ‘‘(ii) in the case of any property the 

2 construction of which begins after December 

3 31, 2020, and before January 1, 2022, 22 

4 percent. 

5 ‘‘(B) PLACED IN SERVICE DEADLINE.—In 

6 the case of any property energy property de7 scribed in paragraph (3)(A)(i) the construction 

8 of which begins before January 1, 2022, and 

9 which is not placed in service before January 1, 

10 2024, the energy percentage determined under 

11 paragraph (2) shall be equal to 10 percent.’’. 

12 (c) CONFORMING AMENDMENT.—Subparagraph (A) of 

13 section 48(a)(2) of such Code is amended by striking ‘‘The 

14 energy percentage’’ and inserting ‘‘Except as provided in 

15 paragraph (6), the energy percentage’’. 

16 (d) EFFECTIVE DATE.—The amendments made by this 

17 section shall take effect on the date of the enactment of this 

18 Act. 

19 SEC. 304. EXTENSION AND PHASEOUT OF CREDITS WITH 

20 RESPECT TO QUALIFIED SOLAR ELECTRIC 

21 PROPERTY AND QUALIFIED SOLAR WATER 

22 HEATING PROPERTY. 

23 (a) IN GENERAL.—Section 25D of the Internal Rev24 enue Code of 1986 is amended— 
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1 (1) in paragraphs (1) and (2) of subsection (a), 

2 by striking ‘‘30 percent’’ each place it appears and 

3 inserting ‘‘the applicable percentage’’, 

4 (2) in subsection (g), by inserting ‘‘(December 

5 31, 2021, in the case of any qualified solar electric 

6 property expenditures and qualified solar water heat7 ing property expenditures)’’ before the period at the 

8 end, 

9 (3) by redesignating subsection (g), as amended 

10 by paragraph (2), as subsection (h), and 

11 (4) by inserting after subsection (f) the following 

12 new subsection: 

13 ‘‘(g) APPLICABLE PERCENTAGE.—For purposes of 

14 paragraphs (1) and (2) of subsection (a), the applicable per15 centage shall be— 

16 ‘‘(1) in the case of property placed in service 

17 after December 31, 2016, and before January 1, 2020, 

18 30 percent, 

19 ‘‘(2) in the case of property placed in service 

20 after December 31, 2019, and before January 1, 2021, 

21 26 percent, and 

22 ‘‘(3) in the case of property placed in service 

23 after December 31, 2020, and before January 1, 2022, 

24 22 percent.’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on January 1, 2017. 

3 SEC. 305. TREATMENT OF TRANSPORTATION COSTS OF 

4 INDEPENDENT REFINERS. 

5 (a) IN GENERAL.—Paragraph (3) of section 199(c) of 

6 the Internal Revenue Code of 1986 is amended by adding 

7 at the end the following new subparagraph: 

8 ‘‘(C) TRANSPORTATION COSTS OF INDE9 PENDENT REFINERS.— 

10 ‘‘(i) IN GENERAL.—In the case of any 

11 taxpayer who is in the trade or business of 

12 refining crude oil and who is not a major 

13 integrated oil company (as defined in sec14 tion 167(h)(5)(B), determined without re15 gard to clause (iii) thereof) for the taxable 

16 year, in computing oil related qualified pro17 duction activities income under subsection 

18 (d)(9)(B), the amount allocated to domestic 

19 production gross receipts under paragraph 

20 (1)(B) for costs related to the transportation 

21 of oil shall be 25 percent of the amount 

22 properly allocable under such paragraph 

23 (determined without regard to this subpara24 graph). 
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1 ‘‘(ii) TERMINATION.—Clause (i) shall 

2 not apply to any taxable year beginning 

3 after December 31, 2021.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by this 

5 section shall apply to taxable years beginning after Decem6 ber 31, 2015. 

Ω2æAt the end of House amendment numbered 1, insert 

the following: 

7 DIVISION Q—PROTECTING 

8 AMERICANS FROM TAX HIKES 

9 ACT OF 2015 

10 SECTION 1. SHORT TITLE, ETC. 

11 (a) SHORT TITLE.—This division may be cited as the 

12 ‘‘Protecting Americans from Tax Hikes Act of 2015’’. 

13 (b) AMENDMENT OF 1986 CODE.—Except as otherwise 

14 expressly provided, whenever in this division an amend15 ment or repeal is expressed in terms of an amendment to, 

16 or repeal of, a section or other provision, the reference shall 

17 be considered to be made to a section or other provision 

18 of the Internal Revenue Code of 1986. 

19 (c) TABLE OF CONTENTS.—The table of contents for 

20 this division is as follows: 

DIVISION Q—PROTECTING AMERICANS FROM TAX HIKES ACT OF 

2015 

Sec. 1. Short title, etc. 
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TITLE I—EXTENDERS 

Subtitle A—Permanent Extensions 

PART 1—TAX RELIEF FOR FAMILIES AND INDIVIDUALS

Sec. 101. Enhanced child tax credit made permanent. 

Sec. 102. Enhanced American opportunity tax credit made permanent. 

Sec. 103. Enhanced earned income tax credit made permanent. 

Sec. 104. Extension and modification of deduction for certain expenses of elementary and secondary school teachers. 

Sec. 105. Extension of parity for exclusion from income for employer-provided 

mass transit and parking benefits. 

Sec. 106. Extension of deduction of State and local general sales taxes. 

PART 2—INCENTIVES FOR CHARITABLE GIVING

Sec. 111. Extension and modification of special rule for contributions of capital 

gain real property made for conservation purposes. 

Sec. 112. Extension of tax-free distributions from individual retirement plans for 

charitable purposes. 

Sec. 113. Extension and modification of charitable deduction for contributions of 

food inventory. 

Sec. 114. Extension of modification of tax treatment of certain payments to controlling exempt organizations. 

Sec. 115. Extension of basis adjustment to stock of S corporations making charitable contributions of property. 

PART 3—INCENTIVES FOR GROWTH, JOBS, INVESTMENT, AND INNOVATION

Sec. 121. Extension and modification of research credit. 

Sec. 122. Extension and modification of employer wage credit for employees who 

are active duty members of the uniformed services. 

Sec. 123. Extension of 15-year straight-line cost recovery for qualified leasehold 

improvements, qualified restaurant buildings and improvements, 

and qualified retail improvements. 

Sec. 124. Extension and modification of increased expensing limitations and 

treatment of certain real property as section 179 property. 

Sec. 125. Extension of treatment of certain dividends of regulated investment 

companies. 

Sec. 126. Extension of exclusion of 100 percent of gain on certain small business 

stock. 

Sec. 127. Extension of reduction in S-corporation recognition period for built-in 

gains tax. 

Sec. 128. Extension of subpart F exception for active financing income. 

PART 4—INCENTIVES FOR REAL ESTATE INVESTMENT

Sec. 131. Extension of minimum low-income housing tax credit rate for non-Federally subsidized buildings. 

Sec. 132. Extension of military housing allowance exclusion for determining 

whether a tenant in certain counties is low-income. 

Sec. 133. Extension of RIC qualified investment entity treatment under FIRPTA. 

Subtitle B—Extensions Through 2019 

Sec. 141. Extension of new markets tax credit. 

Sec. 142. Extension and modification of work opportunity tax credit. 
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Sec. 143. Extension and modification of bonus depreciation. 

Sec. 144. Extension of look-thru treatment of payments between related controlled 

foreign corporations under foreign personal holding company 

rules. 

Subtitle C—Extensions Through 2016 

PART 1—TAX RELIEF FOR FAMILIES AND INDIVIDUALS

Sec. 151. Extension and modification of exclusion from gross income of discharge 

of qualified principal residence indebtedness. 

Sec. 152. Extension of mortgage insurance premiums treated as qualified residence interest. 

Sec. 153. Extension of above-the-line deduction for qualified tuition and related 

expenses. 

PART 2—INCENTIVES FOR GROWTH, JOBS, INVESTMENT, AND INNOVATION

Sec. 161. Extension of Indian employment tax credit. 

Sec. 162. Extension and modification of railroad track maintenance credit. 

Sec. 163. Extension of mine rescue team training credit. 

Sec. 164. Extension of qualified zone academy bonds. 

Sec. 165. Extension of classification of certain race horses as 3-year property. 

Sec. 166. Extension of 7-year recovery period for motorsports entertainment complexes. 

Sec. 167. Extension and modification of accelerated depreciation for business 

property on an Indian reservation. 

Sec. 168. Extension of election to expense mine safety equipment. 

Sec. 169. Extension of special expensing rules for certain film and television productions; special expensing for live theatrical productions. 

Sec. 170. Extension of deduction allowable with respect to income attributable to 

domestic production activities in Puerto Rico. 

Sec. 171. Extension and modification of empowerment zone tax incentives. 

Sec. 172. Extension of temporary increase in limit on cover over of rum excise 

taxes to Puerto Rico and the Virgin Islands. 

Sec. 173. Extension of American Samoa economic development credit. 

Sec. 174. Moratorium on medical device excise tax. 

PART 3—INCENTIVES FOR ENERGY PRODUCTION AND CONSERVATION

Sec. 181. Extension and modification of credit for nonbusiness energy property. 

Sec. 182. Extension of credit for alternative fuel vehicle refueling property. 

Sec. 183. Extension of credit for 2-wheeled plug-in electric vehicles. 

Sec. 184. Extension of second generation biofuel producer credit. 

Sec. 185. Extension of biodiesel and renewable diesel incentives. 

Sec. 186. Extension and modification of production credit for Indian coal facilities. 

Sec. 187. Extension of credits with respect to facilities producing energy from certain renewable resources. 

Sec. 188. Extension of credit for energy-efficient new homes. 

Sec. 189. Extension of special allowance for second generation biofuel plant property. 

Sec. 190. Extension of energy efficient commercial buildings deduction. 

Sec. 191. Extension of special rule for sales or dispositions to implement FERC 

or State electric restructuring policy for qualified electric utilities. 

Sec. 192. Extension of excise tax credits relating to alternative fuels. 
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Sec. 193. Extension of credit for new qualified fuel cell motor vehicles. 

TITLE II—PROGRAM INTEGRITY 

Sec. 201. Modification of filing dates of returns and statements relating to employee wage information and nonemployee compensation to improve compliance. 

Sec. 202. Safe harbor for de minimis errors on information returns and payee 

statements. 

Sec. 203. Requirements for the issuance of ITINs. 

Sec. 204. Prevention of retroactive claims of earned income credit after issuance 

of social security number. 

Sec. 205. Prevention of retroactive claims of child tax credit. 

Sec. 206. Prevention of retroactive claims of American opportunity tax credit. 

Sec. 207. Procedures to reduce improper claims. 

Sec. 208. Restrictions on taxpayers who improperly claimed credits in prior year. 

Sec. 209. Treatment of credits for purposes of certain penalties. 

Sec. 210. Increase the penalty applicable to paid tax preparers who engage in 

willful or reckless conduct. 

Sec. 211. Employer identification number required for American opportunity tax 

credit. 

Sec. 212. Higher education information reporting only to include qualified tuition and related expenses actually paid. 

TITLE III—MISCELLANEOUS PROVISIONS 

Subtitle A—Family Tax Relief 

Sec. 301. Exclusion for amounts received under the Work Colleges Program. 

Sec. 302. Improvements to section 529 accounts. 

Sec. 303. Elimination of residency requirement for qualified ABLE programs. 

Sec. 304. Exclusion for wrongfully incarcerated individuals. 

Sec. 305. Clarification of special rule for certain governmental plans. 

Sec. 306. Rollovers permitted from other retirement plans into simple retirement 

accounts. 

Sec. 307. Technical amendment relating to rollover of certain airline payment 

amounts. 

Sec. 308. Treatment of early retirement distributions for nuclear materials couriers, United States Capitol Police, Supreme Court Police, and 

diplomatic security special agents. 

Sec. 309. Prevention of extension of tax collection period for members of the 

Armed Forces who are hospitalized as a result of combat zone 

injuries. 

Subtitle B—Real Estate Investment Trusts 

Sec. 311. Restriction on tax-free spinoffs involving REITs. 

Sec. 312. Reduction in percentage limitation on assets of REIT which may be 

taxable REIT subsidiaries. 

Sec. 313. Prohibited transaction safe harbors. 

Sec. 314. Repeal of preferential dividend rule for publicly offered REITs. 

Sec. 315. Authority for alternative remedies to address certain REIT distribution 

failures. 

Sec. 316. Limitations on designation of dividends by REITs. 

Sec. 317. Debt instruments of publicly offered REITs and mortgages treated as 

real estate assets. 
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Sec. 318. Asset and income test clarification regarding ancillary personal property. 

Sec. 319. Hedging provisions. 

Sec. 320. Modification of REIT earnings and profits calculation to avoid duplicate taxation. 

Sec. 321. Treatment of certain services provided by taxable REIT subsidiaries. 

Sec. 322. Exception from FIRPTA for certain stock of REITs. 

Sec. 323. Exception for interests held by foreign retirement or pension funds. 

Sec. 324. Increase in rate of withholding of tax on dispositions of United States 

real property interests. 

Sec. 325. Interests in RICs and REITs not excluded from definition of United 

States real property interests. 

Sec. 326. Dividends derived from RICs and REITs ineligible for deduction for 

United States source portion of dividends from certain foreign 

corporations. 

Subtitle C—Additional Provisions 

Sec. 331. Deductibility of charitable contributions to agricultural research organizations. 

Sec. 332. Removal of bond requirements and extending filing periods for certain 

taxpayers with limited excise tax liability. 

Sec. 333. Modifications to alternative tax for certain small insurance companies. 

Sec. 334. Treatment of timber gains. 

Sec. 335. Modification of definition of hard cider. 

Sec. 336. Church plan clarification. 

Subtitle D—Revenue Provisions 

Sec. 341. Updated ASHRAE standards for energy efficient commercial buildings 

deduction. 

Sec. 342. Excise tax credit equivalency for liquified petroleum gas and liquified 

natural gas. 

Sec. 343. Exclusion from gross income of certain clean coal power grants to noncorporate taxpayers. 

Sec. 344. Clarification of valuation rule for early termination of certain charitable remainder unitrusts. 

Sec. 345. Prevention of transfer of certain losses from tax indifferent parties. 

Sec. 346. Treatment of certain persons as employers with respect to motion picture projects. 

TITLE IV—TAX ADMINISTRATION 

Subtitle A—Internal Revenue Service Reforms 

Sec. 401. Duty to ensure that Internal Revenue Service employees are familiar 

with and act in accord with certain taxpayer rights. 

Sec. 402. IRS employees prohibited from using personal email accounts for official business. 

Sec. 403. Release of information regarding the status of certain investigations. 

Sec. 404. Administrative appeal relating to adverse determinations of tax-exempt 

status of certain organizations. 

Sec. 405. Organizations required to notify Secretary of intent to operate under 

501(c)(4). 

Sec. 406. Declaratory judgments for 501(c)(4) and other exempt organizations. 

Sec. 407. Termination of employment of Internal Revenue Service employees for 

taking official actions for political purposes. 
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Sec. 408. Gift tax not to apply to contributions to certain exempt organizations. 

Sec. 409. Extend Internal Revenue Service authority to require truncated Social 

Security numbers on Form W–2. 

Sec. 410. Clarification of enrolled agent credentials. 

Sec. 411. Partnership audit rules. 

Subtitle B—United States Tax Court 

PART 1—TAXPAYER ACCESS TO UNITED STATES TAX COURT

Sec. 421. Filing period for interest abatement cases. 

Sec. 422. Small tax case election for interest abatement cases. 

Sec. 423. Venue for appeal of spousal relief and collection cases. 

Sec. 424. Suspension of running of period for filing petition of spousal relief and 

collection cases. 

Sec. 425. Application of Federal rules of evidence. 

PART 2—UNITED STATES TAX COURT ADMINISTRATION

Sec. 431. Judicial conduct and disability procedures. 

Sec. 432. Administration, judicial conference, and fees. 

PART 3—CLARIFICATION RELATING TO UNITED STATES TAX COURT

Sec. 441. Clarification relating to United States Tax Court. 

TITLE V—TRADE-RELATED PROVISIONS 

Sec. 501. Modification of effective date of provisions relating to tariff classification of recreational performance outerwear. 

Sec. 502. Agreement by Asia-Pacific Economic Cooperation members to reduce 

rates of duty on certain environmental goods. 

TITLE VI—BUDGETARY EFFECTS 

Sec. 601. Budgetary effects. 

1 TITLE I—EXTENDERS 

2 Subtitle A—Permanent Extensions 

3 PART 1—TAX RELIEF FOR FAMILIES AND 

4 INDIVIDUALS 

5 SEC. 101. ENHANCED CHILD TAX CREDIT MADE PERMA6 NENT. 

7 (a) IN GENERAL.—Section 24(d)(1)(B)(i) is amended 

8 by striking ‘‘$10,000’’ and inserting ‘‘$3,000’’. 

9 (b) CONFORMING AMENDMENT.—Section 24(d) is 

10 amended by striking paragraphs (3) and (4). 
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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply to taxable years beginning after the date 

3 of the enactment of this Act. 

4 SEC. 102. ENHANCED AMERICAN OPPORTUNITY TAX CREDIT 

5 MADE PERMANENT. 

6 (a) IN GENERAL.—Section 25A(i) is amended by strik7 ing ‘‘and before 2018’’. 

8 (b) TREATMENT OF POSSESSIONS.—Section 1004(c)(1) 

9 of division B of the American Recovery and Reinvestment 

10 Tax Act of 2009 by striking ‘‘and before 2018’’ each place 

11 it appears. 

12 (c) EFFECTIVE DATE.—The amendments made by this 

13 section shall apply to taxable years beginning after the date 

14 of the enactment of this Act. 

15 SEC. 103. ENHANCED EARNED INCOME TAX CREDIT MADE 

16 PERMANENT. 

17 (a) INCREASE IN CREDIT PERCENTAGE FOR 3 OR

18 MORE QUALIFYING CHILDREN MADE PERMANENT.—Sec19 tion 32(b)(1) is amended to read as follows: 

20 ‘‘(1) PERCENTAGES.—The credit percentage and 

21 the phaseout percentage shall be determined as fol22 lows: 

‘‘In the case of 

an eligible individual with: 

The credit 

percentage is: 

The phaseout 

percentage is: 

1 qualifying child ............................................... 34 15.98

2 qualifying children ......................................... 40 21.06

3 or more qualifying children ........................... 45 21.06

No qualifying children ....................................... 7.65 7.65’’. 
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1 (b) REDUCTION OF MARRIAGE PENALTY MADE PER2 MANENT.— 

3 (1) IN GENERAL.—Section 32(b)(2)(B) is amend4 ed to read as follows: 

5 ‘‘(B) JOINT RETURNS.— 

6 ‘‘(i) IN GENERAL.—In the case of a 

7 joint return filed by an eligible individual 

8 and such individual’s spouse, the phaseout 

9 amount determined under subparagraph 

10 (A) shall be increased by $5,000. 

11 ‘‘(ii) INFLATION ADJUSTMENT.—In the 

12 case of any taxable year beginning after 

13 2015, the $5,000 amount in clause (i) shall 

14 be increased by an amount equal to— 

15 ‘‘(I) such dollar amount, multi16 plied by 

17 ‘‘(II) the cost of living adjustment 

18 determined under section 1(f)(3) for 

19 the calendar year in which the taxable 

20 year begins determined by substituting 

21 ‘calendar year 2008’ for ‘calendar year 

22 1992’ in subparagraph (B) thereof. 

23 ‘‘(iii) ROUNDING.—Subparagraph (A) 

24 of subsection (j)(2) shall apply after taking 
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1 into account any increase under clause 

2 (ii).’’. 

3 (c) CONFORMING AMENDMENT.—Section 32(b) is 

4 amended by striking paragraph (3). 

5 (d) EFFECTIVE DATE.—The amendments made by this 

6 section shall apply to taxable years beginning after Decem7 ber 31, 2015. 

8 SEC. 104. EXTENSION AND MODIFICATION OF DEDUCTION 

9 FOR CERTAIN EXPENSES OF ELEMENTARY 

10 AND SECONDARY SCHOOL TEACHERS. 

11 (a) DEDUCTION MADE PERMANENT.—Section 

12 62(a)(2)(D) is amended by striking ‘‘In the case of taxable 

13 years beginning during 2002, 2003, 2004, 2005, 2006, 2007, 

14 2008, 2009, 2010, 2011, 2012, 2013, or 2014, the deduc15 tions’’ and inserting ‘‘The deductions’’. 

16 (b) INFLATION ADJUSTMENT.—Section 62(d) is 

17 amended by adding at the end the following new paragraph: 

18 ‘‘(3) INFLATION ADJUSTMENT.—In the case of 

19 any taxable year beginning after 2015, the $250 

20 amount in subsection (a)(2)(D) shall be increased by 

21 an amount equal to— 

22 ‘‘(A) such dollar amount, multiplied by 

23 ‘‘(B) the cost-of-living adjustment deter24 mined under section 1(f)(3) for the calendar year 

25 in which the taxable year begins, determined by 
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1 substituting ‘calendar year 2014’ for ‘calendar 

2 year 1992’ in subparagraph (B) thereof. 

3 Any increase determined under the preceding sentence 

4 shall be rounded to the nearest multiple of $50.’’. 

5 (c) PROFESSIONAL DEVELOPMENT EXPENSES.—Sec6 tion 62(a)(2)(D) is amended— 

7 (1) by striking ‘‘educator in connection’’ and all 

8 that follows and inserting ‘‘educator—’’, and 

9 (2) by inserting at the end the following: 

10 ‘‘(i) by reason of the participation of 

11 the educator in professional development 

12 courses related to the curriculum in which 

13 the educator provides instruction or to the 

14 students for which the educator provides in15 struction, and 

16 ‘‘(ii) in connection with books, supplies 

17 (other than nonathletic supplies for courses 

18 of instruction in health or physical edu19 cation), computer equipment (including re20 lated software and services) and other 

21 equipment, and supplementary materials 

22 used by the eligible educator in the class23 room.’’. 

24 (d) EFFECTIVE DATES.— 
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1 (1) EXTENSION.—The amendment made by sub2 section (a) shall apply to taxable years beginning 

3 after December 31, 2014. 

4 (2) MODIFICATIONS.—The amendments made by 

5 subsections (b) and (c) shall apply to taxable years 

6 beginning after December 31, 2015. 

7 SEC. 105. EXTENSION OF PARITY FOR EXCLUSION FROM IN8 COME FOR EMPLOYER-PROVIDED MASS TRAN9 SIT AND PARKING BENEFITS. 

10 (a) MASS TRANSIT AND PARKING PARITY.—Section 

11 132(f)(2) is amended— 

12 (1) by striking ‘‘$100’’ in subparagraph (A) and 

13 inserting ‘‘$175’’, and 

14 (2) by striking the last sentence. 

15 (b) EFFECTIVE DATE.—The amendments made by this 

16 section shall apply to months after December 31, 2014. 

17 SEC. 106. EXTENSION OF DEDUCTION OF STATE AND LOCAL 

18 GENERAL SALES TAXES. 

19 (a) IN GENERAL.—Section 164(b)(5) is amended by 

20 striking subparagraph (I). 

21 (b) EFFECTIVE DATE.—The amendment made by this 

22 section shall apply to taxable years beginning after Decem23 ber 31, 2014. 
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1 PART 2—INCENTIVES FOR CHARITABLE GIVING 

2 SEC. 111. EXTENSION AND MODIFICATION OF SPECIAL 

3 RULE FOR CONTRIBUTIONS OF CAPITAL GAIN 

4 REAL PROPERTY MADE FOR CONSERVATION 

5 PURPOSES. 

6 (a) MADE PERMANENT.— 

7 (1) INDIVIDUALS.—Section 170(b)(1)(E) is 

8 amended by striking clause (vi). 

9 (2) CORPORATIONS.—Section 170(b)(2)(B) is 

10 amended by striking clause (iii). 

11 (b) CONTRIBUTIONS OF CAPITAL GAIN REAL PROP12 ERTY MADE FOR CONSERVATION PURPOSES BY NATIVE

13 CORPORATIONS.— 

14 (1) IN GENERAL.—Section 170(b)(2) is amended 

15 by redesignating subparagraph (C) as subparagraph 

16 (D), and by inserting after subparagraph (B) the fol17 lowing new subparagraph: 

18 ‘‘(C) QUALIFIED CONSERVATION CONTRIBU19 TIONS BY CERTAIN NATIVE CORPORATIONS.— 

20 ‘‘(i) IN GENERAL.—Any qualified con21 servation contribution (as defined in sub22 section (h)(1)) which— 

23 ‘‘(I) is made by a Native Corpora24 tion, and 
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1 ‘‘(II) is a contribution of property 

2 which was land conveyed under the 

3 Alaska Native Claims Settlement Act, 

4 shall be allowed to the extent that the aggre5 gate amount of such contributions does not 

6 exceed the excess of the taxpayer’s taxable 

7 income over the amount of charitable con8 tributions allowable under subparagraph 

9 (A). 

10 ‘‘(ii) CARRYOVER.—If the aggregate 

11 amount of contributions described in clause 

12 (i) exceeds the limitation of clause (i), such 

13 excess shall be treated (in a manner con14 sistent with the rules of subsection (d)(2)) 

15 as a charitable contribution to which clause 

16 (i) applies in each of the 15 succeeding tax17 able years in order of time. 

18 ‘‘(iii) NATIVE CORPORATION.—For 

19 purposes of this subparagraph, the term 

20 ‘Native Corporation’ has the meaning given 

21 such term by section 3(m) of the Alaska Na22 tive Claims Settlement Act.’’. 

23 (2) CONFORMING AMENDMENTS.— 
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1 (A) Section 170(b)(2)(A) is amended by 

2 striking ‘‘subparagraph (B) applies’’ and insert3 ing ‘‘subparagraph (B) or (C) applies’’. 

4 (B) Section 170(b)(2)(B)(ii) is amended by 

5 striking ‘‘15 succeeding years’’ and inserting ‘‘15 

6 succeeding taxable years’’. 

7 (3) VALID EXISTING RIGHTS PRESERVED.—Noth8 ing in this subsection (or any amendment made by 

9 this subsection) shall be construed to modify the exist10 ing property rights validly conveyed to Native Cor11 porations (within the meaning of section 3(m) of the 

12 Alaska Native Claims Settlement Act) under such Act. 

13 (c) EFFECTIVE DATES.— 

14 (1) EXTENSION.—The amendments made by sub15 section (a) shall apply to contributions made in tax16 able years beginning after December 31, 2014. 

17 (2) MODIFICATION.—The amendments made by 

18 subsection (b) shall apply to contributions made in 

19 taxable years beginning after December 31, 2015. 

20 SEC. 112. EXTENSION OF TAX-FREE DISTRIBUTIONS FROM 

21 INDIVIDUAL RETIREMENT PLANS FOR CHARI22 TABLE PURPOSES. 

23 (a) IN GENERAL.—Section 408(d)(8) is amended by 

24 striking subparagraph (F). 
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1 (b) EFFECTIVE DATE.—The amendment made by this 

2 section shall apply to distributions made in taxable years 

3 beginning after December 31, 2014. 

4 SEC. 113. EXTENSION AND MODIFICATION OF CHARITABLE 

5 DEDUCTION FOR CONTRIBUTIONS OF FOOD 

6 INVENTORY. 

7 (a) PERMANENT EXTENSION.—Section 170(e)(3)(C) is 

8 amended by striking clause (iv). 

9 (b) MODIFICATIONS.—Section 170(e)(3)(C), as amend10 ed by subsection (a), is amended by striking clause (ii), by 

11 redesignating clause (iii) as clause (vi), and by inserting 

12 after clause (i) the following new clauses: 

13 ‘‘(ii) LIMITATION.—The aggregate 

14 amount of such contributions for any tax15 able year which may be taken into account 

16 under this section shall not exceed— 

17 ‘‘(I) in the case of any taxpayer 

18 other than a C corporation, 15 percent 

19 of the taxpayer’s aggregate net income 

20 for such taxable year from all trades or 

21 businesses from which such contribu22 tions were made for such year, com23 puted without regard to this section, 

24 and 
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1 ‘‘(II) in the case of a C corpora2 tion, 15 percent of taxable income (as 

3 defined in subsection (b)(2)(D)). 

4 ‘‘(iii) RULES RELATED TO LIMITA5 TION.— 

6 ‘‘(I) CARRYOVER.—If such aggre7 gate amount exceeds the limitation im8 posed under clause (ii), such excess 

9 shall be treated (in a manner con10 sistent with the rules of subsection (d)) 

11 as a charitable contribution described 

12 in clause (i) in each of the 5 suc13 ceeding taxable years in order of time. 

14 ‘‘(II) COORDINATION WITH OVER15 ALL CORPORATE LIMITATION.—In the 

16 case of any charitable contribution 

17 which is allowable after the application 

18 of clause (ii)(II), subsection (b)(2)(A) 

19 shall not apply to such contribution, 

20 but the limitation imposed by such 

21 subsection shall be reduced (but not 

22 below zero) by the aggregate amount of 

23 such contributions. For purposes of 

24 subsection (b)(2)(B), such contributions 
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1 shall be treated as allowable under sub2 section (b)(2)(A). 

3 ‘‘(iv) DETERMINATION OF BASIS FOR

4 CERTAIN TAXPAYERS.—If a taxpayer— 

5 ‘‘(I) does not account for inven6 tories under section 471, and 

7 ‘‘(II) is not required to capitalize 

8 indirect costs under section 263A, 

9 the taxpayer may elect, solely for purposes 

10 of subparagraph (B), to treat the basis of 

11 any apparently wholesome food as being 

12 equal to 25 percent of the fair market value 

13 of such food. 

14 ‘‘(v) DETERMINATION OF FAIR MARKET

15 VALUE.—In the case of any such contribu16 tion of apparently wholesome food which 

17 cannot or will not be sold solely by reason 

18 of internal standards of the taxpayer, lack 

19 of market, or similar circumstances, or by 

20 reason of being produced by the taxpayer 

21 exclusively for the purposes of transferring 

22 the food to an organization described in 

23 subparagraph (A), the fair market value of 

24 such contribution shall be determined— 
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1 ‘‘(I) without regard to such inter2 nal standards, such lack of market, 

3 such circumstances, or such exclusive 

4 purpose, and 

5 ‘‘(II) by taking into account the 

6 price at which the same or substan7 tially the same food items (as to both 

8 type and quality) are sold by the tax9 payer at the time of the contribution 

10 (or, if not so sold at such time, in the 

11 recent past).’’ 

12 (c) EFFECTIVE DATES.— 

13 (1) EXTENSION.—The amendment made by sub14 section (a) shall apply to contributions made after 

15 December 31, 2014. 

16 (2) MODIFICATIONS.—The amendments made by 

17 subsection (b) shall apply to taxable years beginning 

18 after December 31, 2015. 

19 SEC. 114. EXTENSION OF MODIFICATION OF TAX TREAT20 MENT OF CERTAIN PAYMENTS TO CONTROL21 LING EXEMPT ORGANIZATIONS. 

22 (a) IN GENERAL.—Section 512(b)(13)(E) is amended 

23 by striking clause (iv). 
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1 (b) EFFECTIVE DATE.—The amendment made by this 

2 section shall apply to payments received or accrued after 

3 December 31, 2014. 

4 SEC. 115. EXTENSION OF BASIS ADJUSTMENT TO STOCK OF 

5 S CORPORATIONS MAKING CHARITABLE CON6 TRIBUTIONS OF PROPERTY. 

7 (a) IN GENERAL.—Section 1367(a)(2) is amended by 

8 striking the last sentence. 

9 (b) EFFECTIVE DATE.—The amendment made by this 

10 section shall apply to contributions made in taxable years 

11 beginning after December 31, 2014. 

12 PART 3—INCENTIVES FOR GROWTH, JOBS, 

13 INVESTMENT, AND INNOVATION 

14 SEC. 121. EXTENSION AND MODIFICATION OF RESEARCH 

15 CREDIT. 

16 (a) MADE PERMANENT.— 

17 (1) IN GENERAL.—Section 41 is amended by 

18 striking subsection (h). 

19 (2) CONFORMING AMENDMENT.—Section 

20 45C(b)(1) is amended by striking subparagraph (D). 

21 (b) CREDIT ALLOWED AGAINST ALTERNATIVE MIN22 IMUM TAX IN CASE OF ELIGIBLE SMALL BUSINESS.—Sec23 tion 38(c)(4)(B) is amended by redesignating clauses (ii) 

24 through (ix) as clauses (iii) through (x), respectively, and 

25 by inserting after clause (i) the following new clause: 
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1 ‘‘(ii) the credit determined under sec2 tion 41 for the taxable year with respect to 

3 an eligible small business (as defined in 

4 paragraph (5)(C), after application of rules 

5 similar to the rules of paragraph (5)(D)),’’. 

6 (c) TREATMENT OF RESEARCH CREDIT FOR CERTAIN

7 STARTUP COMPANIES.— 

8 (1) IN GENERAL.—Section 41, as amended by 

9 subsection (a), is amended by adding at the end the 

10 following new subsection: 

11 ‘‘(h) TREATMENT OF CREDIT FOR QUALIFIED SMALL

12 BUSINESSES.— 

13 ‘‘(1) IN GENERAL.—At the election of a qualified 

14 small business for any taxable year, section 3111(f) 

15 shall apply to the payroll tax credit portion of the 

16 credit otherwise determined under subsection (a) for 

17 the taxable year and such portion shall not be treated 

18 (other than for purposes of section 280C) as a credit 

19 determined under subsection (a). 

20 ‘‘(2) PAYROLL TAX CREDIT PORTION.—For pur21 poses of this subsection, the payroll tax credit portion 

22 of the credit determined under subsection (a) with re23 spect to any qualified small business for any taxable 

24 year is the least of— 
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1 ‘‘(A) the amount specified in the election 

2 made under this subsection, 

3 ‘‘(B) the credit determined under subsection 

4 (a) for the taxable year (determined before the 

5 application of this subsection), or 

6 ‘‘(C) in the case of a qualified small busi7 ness other than a partnership or S corporation, 

8 the amount of the business credit carryforward 

9 under section 39 carried from the taxable year 

10 (determined before the application of this sub11 section to the taxable year). 

12 ‘‘(3) QUALIFIED SMALL BUSINESS.—For pur13 poses of this subsection— 

14 ‘‘(A) IN GENERAL.—The term ‘qualified 

15 small business’ means, with respect to any tax16 able year— 

17 ‘‘(i) a corporation or partnership, if— 

18 ‘‘(I) the gross receipts (as deter19 mined under the rules of section 

20 448(c)(3), without regard to subpara21 graph (A) thereof) of such entity for 

22 the taxable year is less than 

23 $5,000,000, and 

24 ‘‘(II) such entity did not have 

25 gross receipts (as so determined) for 
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1 any taxable year preceding the 5-tax2 able-year period ending with such tax3 able year, and 

4 ‘‘(ii) any person (other than a corpora5 tion or partnership) who meets the require6 ments of subclauses (I) and (II) of clause 

7 (i), determined— 

8 ‘‘(I) by substituting ‘person’ for 

9 ‘entity’ each place it appears, and 

10 ‘‘(II) by only taking into account 

11 the aggregate gross receipts received by 

12 such person in carrying on all trades 

13 or businesses of such person. 

14 ‘‘(B) LIMITATION.—Such term shall not in15 clude an organization which is exempt from tax16 ation under section 501. 

17 ‘‘(4) ELECTION.— 

18 ‘‘(A) IN GENERAL.—Any election under this 

19 subsection for any taxable year— 

20 ‘‘(i) shall specify the amount of the 

21 credit to which such election applies, 

22 ‘‘(ii) shall be made on or before the due 

23 date (including extensions) of— 

24 ‘‘(I) in the case of a qualified 

25 small business which is a partnership, 
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1 the return required to be filed under 

2 section 6031, 

3 ‘‘(II) in the case of a qualified 

4 small business which is an S corpora5 tion, the return required to be filed 

6 under section 6037, and 

7 ‘‘(III) in the case of any other 

8 qualified small business, the return of 

9 tax for the taxable year, and 

10 ‘‘(iii) may be revoked only with the 

11 consent of the Secretary. 

12 ‘‘(B) LIMITATIONS.— 

13 ‘‘(i) AMOUNT.—The amount specified 

14 in any election made under this subsection 

15 shall not exceed $250,000. 

16 ‘‘(ii) NUMBER OF TAXABLE YEARS.—A 

17 person may not make an election under this 

18 subsection if such person (or any other per19 son treated as a single taxpayer with such 

20 person under paragraph (5)(A)) has made 

21 an election under this subsection for 5 or 

22 more preceding taxable years. 

23 ‘‘(C) SPECIAL RULE FOR PARTNERSHIPS

24 AND S CORPORATIONS.—In the case of a quali25 fied small business which is a partnership or S 
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1 corporation, the election made under this sub2 section shall be made at the entity level. 

3 ‘‘(5) AGGREGATION RULES.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (B), all persons or entities treated 

6 as a single taxpayer under subsection (f)(1) shall 

7 be treated as a single taxpayer for purposes of 

8 this subsection. 

9 ‘‘(B) SPECIAL RULES.—For purposes of this 

10 subsection and section 3111(f)— 

11 ‘‘(i) each of the persons treated as a 

12 single taxpayer under subparagraph (A) 

13 may separately make the election under 

14 paragraph (1) for any taxable year, and 

15 ‘‘(ii) the $250,000 amount under para16 graph (4)(B)(i) shall be allocated among all 

17 persons treated as a single taxpayer under 

18 subparagraph (A) in the same manner as 

19 under subparagraph (A)(ii) or (B)(ii) of 

20 subsection (f)(1), whichever is applicable. 

21 ‘‘(6) REGULATIONS.—The Secretary shall pre22 scribe such regulations as may be necessary to carry 

23 out the purposes of this subsection, including— 

24 ‘‘(A) regulations to prevent the avoidance of 

25 the purposes of the limitations and aggregation 
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1 rules under this subsection through the use of 

2 successor companies or other means, 

3 ‘‘(B) regulations to minimize compliance 

4 and record-keeping burdens under this sub5 section, and 

6 ‘‘(C) regulations for recapturing the benefit 

7 of credits determined under section 3111(f) in 

8 cases where there is a subsequent adjustment to 

9 the payroll tax credit portion of the credit deter10 mined under subsection (a), including requiring 

11 amended income tax returns in the cases where 

12 there is such an adjustment.’’. 

13 (2) CREDIT ALLOWED AGAINST FICA TAXES.— 

14 Section 3111 is amended by adding at the end the fol15 lowing new subsection: 

16 ‘‘(f) CREDIT FOR RESEARCH EXPENDITURES OF

17 QUALIFIED SMALL BUSINESSES.— 

18 ‘‘(1) IN GENERAL.—In the case of a taxpayer 

19 who has made an election under section 41(h) for a 

20 taxable year, there shall be allowed as a credit against 

21 the tax imposed by subsection (a) for the first cal22 endar quarter which begins after the date on which 

23 the taxpayer files the return specified in section 

24 41(h)(4)(A)(ii) an amount equal to the payroll tax 

25 credit portion determined under section 41(h)(2). 
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1 ‘‘(2) LIMITATION.—The credit allowed by para2 graph (1) shall not exceed the tax imposed by sub3 section (a) for any calendar quarter on the wages 

4 paid with respect to the employment of all individ5 uals in the employ of the employer. 

6 ‘‘(3) CARRYOVER OF UNUSED CREDIT.—If the 

7 amount of the credit under paragraph (1) exceeds the 

8 limitation of paragraph (2) for any calendar quarter, 

9 such excess shall be carried to the succeeding calendar 

10 quarter and allowed as a credit under paragraph (1) 

11 for such quarter. 

12 ‘‘(4) DEDUCTION ALLOWED FOR CREDITED

13 AMOUNTS.—The credit allowed under paragraph (1) 

14 shall not be taken into account for purposes of deter15 mining the amount of any deduction allowed under 

16 chapter 1 for taxes imposed under subsection (a).’’. 

17 (d) EFFECTIVE DATES.— 

18 (1) EXTENSION.—The amendments made by sub19 section (a) shall apply to shall apply to amounts paid 

20 or incurred after December 31, 2014. 

21 (2) CREDIT ALLOWED AGAINST ALTERNATIVE

22 MINIMUM TAX IN CASE OF ELIGIBLE SMALL BUSI23 NESS.—The amendments made by subsection (b) shall 

24 apply to credits determined for taxable years begin25 ning after December 31, 2015. 
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1 (3) TREATMENT OF RESEARCH CREDIT FOR CER2 TAIN STARTUP COMPANIES.—The amendments made 

3 by subsection (c) shall apply to taxable years begin4 ning after December 31, 2015. 

5 SEC. 122. EXTENSION AND MODIFICATION OF EMPLOYER 

6 WAGE CREDIT FOR EMPLOYEES WHO ARE AC7 TIVE DUTY MEMBERS OF THE UNIFORMED 

8 SERVICES. 

9 (a) IN GENERAL.—Section 45P is amended by striking 

10 subsection (f). 

11 (b) APPLICABILITY TO ALL EMPLOYERS.— 

12 (1) IN GENERAL.—Section 45P(a) is amended by 

13 striking ‘‘, in the case of an eligible small business 

14 employer’’. 

15 (2) CONFORMING AMENDMENT.—Section 

16 45P(b)(3) is amended to read as follows: 

17 ‘‘(3) CONTROLLED GROUPS.—All persons treated 

18 as a single employer under subsection (b), (c), (m), or 

19 (o) of section 414 shall be treated as a single em20 ployer.’’. 

21 (c) EFFECTIVE DATE.— 

22 (1) EXTENSION.—The amendment made by sub23 section (a) shall apply to payments made after De24 cember 31, 2014. 
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1 (2) MODIFICATION.—The amendments made by 

2 subsection (b) shall apply to taxable years beginning 

3 after December 31, 2015. 

4 SEC. 123. EXTENSION OF 15-YEAR STRAIGHT-LINE COST RE5 COVERY FOR QUALIFIED LEASEHOLD IM6 PROVEMENTS, QUALIFIED RESTAURANT 

7 BUILDINGS AND IMPROVEMENTS, AND QUALI8 FIED RETAIL IMPROVEMENTS. 

9 (a) QUALIFIED LEASEHOLD IMPROVEMENT PROPERTY

10 AND QUALIFIED RESTAURANT PROPERTY.—Clauses (iv) 

11 and (v) of section 168(e)(3)(E) are each amended by strik12 ing ‘‘placed in service before January 1, 2015’’. 

13 (b) QUALIFIED RETAIL IMPROVEMENT PROPERTY.— 

14 Section 168(e)(3)(E)(ix) is amended by striking ‘‘placed in 

15 service after December 31, 2008, and before January 1, 

16 2015’’. 

17 (c) EFFECTIVE DATE.—The amendments made by this 

18 section shall apply to property placed in service after De19 cember 31, 2014. 

20 SEC. 124. EXTENSION AND MODIFICATION OF INCREASED 

21 EXPENSING LIMITATIONS AND TREATMENT 

22 OF CERTAIN REAL PROPERTY AS SECTION 179 

23 PROPERTY. 

24 (a) MADE PERMANENT.— 
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1 (1) DOLLAR LIMITATION.—Section 179(b)(1) is 

2 amended by striking ‘‘shall not exceed—’’ and all that 

3 follows and inserting ‘‘shall not exceed $500,000.’’. 

4 (2) REDUCTION IN LIMITATION.—Section 

5 179(b)(2) is amended by striking ‘‘exceeds—’’ and all 

6 that follows and inserting ‘‘exceeds $2,000,000.’’. 

7 (b) COMPUTER SOFTWARE.—Section 179(d)(1)(A)(ii) 

8 is amended by striking ‘‘, to which section 167 applies, and 

9 which is placed in service in a taxable year beginning after 

10 2002 and before 2015’’ and inserting ‘‘and to which section 

11 167 applies’’. 

12 (c) SPECIAL RULES FOR TREATMENT OF QUALIFIED

13 REAL PROPERTY.— 

14 (1) EXTENSION FOR 2015.—Section 179(f) is 

15 amended— 

16 (A) by striking ‘‘2015’’ in paragraph (1) 

17 and inserting ‘‘2016’’, 

18 (B) by striking ‘‘2014’’ each place it ap19 pears in paragraph (4) and inserting ‘‘2015’’, 

20 and 

21 (C) by striking ‘‘AND 2013’’ in the heading 

22 of paragraph (4)(C) and inserting ‘‘2013, AND

23 2014’’. 

24 (2) MADE PERMANENT.—Section 179(f), as 

25 amended by paragraph (1), is amended— 
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1 (A) by striking ‘‘beginning after 2009 and 

2 before 2016’’ in paragraph (1), and 

3 (B) by striking paragraphs (3) and (4). 

4 (d) ELECTION.—Section 179(c)(2) is amended— 

5 (1) by striking ‘‘may not be revoked’’ and all 

6 that follows through ‘‘and before 2015’’, and 

7 (2) by striking ‘‘IRREVOCABLE’’ in the heading 

8 thereof. 

9 (e) AIR CONDITIONING AND HEATING UNITS.—Section 

10 179(d)(1) is amended by striking ‘‘and shall not include 

11 air conditioning or heating units’’. 

12 (f) INFLATION ADJUSTMENT.—Section 179(b) is 

13 amended by adding at the end the following new paragraph: 

14 ‘‘(6) INFLATION ADJUSTMENT.— 

15 ‘‘(A) IN GENERAL.—In the case of any tax16 able year beginning after 2015, the dollar 

17 amounts in paragraphs (1) and (2) shall each be 

18 increased by an amount equal to— 

19 ‘‘(i) such dollar amount, multiplied by 

20 ‘‘(ii) the cost-of-living adjustment de21 termined under section 1(f)(3) for the cal22 endar year in which the taxable year be23 gins, determined by substituting ‘calendar 

24 year 2014’ for ‘calendar year 1992’ in sub25 paragraph (B) thereof. 
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1 ‘‘(B) ROUNDING.—The amount of any in2 crease under subparagraph (A) shall be rounded 

3 to the nearest multiple of $10,000.’’. 

4 (g) EFFECTIVE DATES.— 

5 (1) EXTENSION.—Except as provided in para6 graph (2), the amendments made by this section shall 

7 apply to taxable years beginning after December 31, 

8 2014. 

9 (2) MODIFICATIONS.—The amendments made by 

10 subsections (c)(2) and (e) shall apply to taxable years 

11 beginning after December 31, 2015. 

12 SEC. 125. EXTENSION OF TREATMENT OF CERTAIN DIVI13 DENDS OF REGULATED INVESTMENT COMPA14 NIES. 

15 (a) IN GENERAL.—Section 871(k) is amended by strik16 ing clause (v) of paragraph (1)(C) and clause (v) of para17 graph (2)(C). 

18 (b) EFFECTIVE DATE.—The amendments made by this 

19 section shall apply to taxable years beginning after Decem20 ber 31, 2014. 

21 SEC. 126. EXTENSION OF EXCLUSION OF 100 PERCENT OF 

22 GAIN ON CERTAIN SMALL BUSINESS STOCK. 

23 (a) IN GENERAL.—Section 1202(a)(4) is amended— 

24 (1) by striking ‘‘and before January 1, 2015’’, 

25 and 
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1 (2) by striking ‘‘, 2011, 2012, 2013, AND 2014’’ in 

2 the heading thereof and inserting ‘‘AND THERE3 AFTER’’. 

4 (b) EFFECTIVE DATE.—The amendments made by this 

5 section shall apply to stock acquired after December 31, 

6 2014. 

7 SEC. 127. EXTENSION OF REDUCTION IN S-CORPORATION 

8 RECOGNITION PERIOD FOR BUILT-IN GAINS 

9 TAX. 

10 (a) IN GENERAL.—Section 1374(d)(7) is amended to 

11 read as follows: 

12 ‘‘(7) RECOGNITION PERIOD.— 

13 ‘‘(A) IN GENERAL.—The term ‘recognition 

14 period’ means the 5-year period beginning with 

15 the 1st day of the 1st taxable year for which the 

16 corporation was an S corporation. For purposes 

17 of applying this section to any amount includ18 ible in income by reason of distributions to 

19 shareholders pursuant to section 593(e), the pre20 ceding sentence shall be applied without regard 

21 to the phrase ‘5-year’. 

22 ‘‘(B) INSTALLMENT SALES.—If an S cor23 poration sells an asset and reports the income 

24 from the sale using the installment method under 

25 section 453, the treatment of all payments re-
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1 ceived shall be governed by the provisions of this 

2 paragraph applicable to the taxable year in 

3 which such sale was made.’’. 

4 (b) EFFECTIVE DATE.—The amendments made by this 

5 section shall apply to taxable years beginning after Decem6 ber 31, 2014. 

7 SEC. 128. EXTENSION OF SUBPART F EXCEPTION FOR AC8 TIVE FINANCING INCOME. 

9 (a) INSURANCE BUSINESSES.—Section 953(e) is 

10 amended by striking paragraph (10) and by redesignating 

11 paragraph (11) as paragraph (10). 

12 (b) BANKING, FINANCING, OR SIMILAR BUSINESSES.— 

13 Section 954(h) is amended by striking paragraph (9). 

14 (c) EFFECTIVE DATE.—The amendments made by this 

15 section shall apply to taxable years of foreign corporations 

16 beginning after December 31, 2014, and to taxable years 

17 of United States shareholders with or within which any 

18 such taxable year of such foreign corporation ends. 
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1 PART 4—INCENTIVES FOR REAL ESTATE 

2 INVESTMENT 

3 SEC. 131. EXTENSION OF MINIMUM LOW-INCOME HOUSING 

4 TAX CREDIT RATE FOR NON-FEDERALLY SUB5 SIDIZED BUILDINGS. 

6 (a) IN GENERAL.—Section 42(b)(2) is amended by 

7 striking ‘‘with respect to housing credit dollar amount allo8 cations made before January 1, 2015’’. 

9 (b) CLERICAL AMENDMENT.—The heading for section 

10 42(b)(2) is amended by striking ‘‘TEMPORARY MINIMUM’’ 

11 and inserting ‘‘MINIMUM’’. 

12 (c) EFFECTIVE DATES.—The amendments made by 

13 this section shall take effect on January 1, 2015. 

14 SEC. 132. EXTENSION OF MILITARY HOUSING ALLOWANCE 

15 EXCLUSION FOR DETERMINING WHETHER A 

16 TENANT IN CERTAIN COUNTIES IS LOW-IN17 COME. 

18 (a) IN GENERAL.—Section 3005(b) of the Housing As19 sistance Tax Act of 2008 is amended by striking ‘‘and before 

20 January 1, 2015’’ each place it appears. 

21 (b) EFFECTIVE DATE.—The amendments made by this 

22 section shall take effect as if included in the enactment of 

23 section 3005 of the Housing Assistance Tax Act of 2008. 

24 SEC. 133. EXTENSION OF RIC QUALIFIED INVESTMENT EN25 TITY TREATMENT UNDER FIRPTA. 

26 (a) IN GENERAL.—Section 897(h)(4)(A) is amended— 
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1 (1) by striking clause (ii), and 

2 (2) by striking all that precedes ‘‘regulated in3 vestment company which’’ and inserting the fol4 lowing: 

5 ‘‘(A) QUALIFIED INVESTMENT ENTITY.—The 

6 term ‘qualified investment entity’ means— 

7 ‘‘(i) any real estate investment trust, 

8 and 

9 ‘‘(ii) any’’. 

10 (b) EFFECTIVE DATE.— 

11 (1) IN GENERAL.—The amendments made by 

12 this section shall take effect on January 1, 2015. Not13 withstanding the preceding sentence, such amend14 ments shall not apply with respect to the withholding 

15 requirement under section 1445 of the Internal Rev16 enue Code of 1986 for any payment made before the 

17 date of the enactment of this Act. 

18 (2) AMOUNTS WITHHELD ON OR BEFORE DATE

19 OF ENACTMENT.—In the case of a regulated invest20 ment company— 

21 (A) which makes a distribution after De22 cember 31, 2014, and before the date of the enact23 ment of this Act, and 

24 (B) which would (but for the second sen25 tence of paragraph (1)) have been required to 
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1 withhold with respect to such distribution under 

2 section 1445 of such Code, 

3 such investment company shall not be liable to any 

4 person to whom such distribution was made for any 

5 amount so withheld and paid over to the Secretary of 

6 the Treasury. 

7 Subtitle B—Extensions Through 

8 2019 

9 SEC. 141. EXTENSION OF NEW MARKETS TAX CREDIT. 

10 (a) IN GENERAL.—Section 45D(f)(1)(G) is amended 

11 by striking ‘‘for 2010, 2011, 2012, 2013, and 2014’’ and 

12 inserting ‘‘for each of calendar years 2010 through 2019’’. 

13 (b) CARRYOVER OF UNUSED LIMITATION.—Section 

14 45D(f)(3) is amended by striking ‘‘2019’’ and inserting 

15 ‘‘2024’’. 

16 (c) EFFECTIVE DATE.—The amendments made by this 

17 section shall apply to calendar years beginning after De18 cember 31, 2014. 

19 SEC. 142. EXTENSION AND MODIFICATION OF WORK OPPOR20 TUNITY TAX CREDIT. 

21 (a) IN GENERAL.—Section 51(c)(4) is amended by 

22 striking ‘‘December 31, 2014’’ and inserting ‘‘December 31, 

23 2019’’. 

24 (b) CREDIT FOR HIRING LONG-TERM UNEMPLOYMENT

25 RECIPIENTS.— 
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1 (1) IN GENERAL.—Section 51(d)(1) is amended 

2 by striking ‘‘or’’ at the end of subparagraph (H), by 

3 striking the period at the end of subparagraph (I) 

4 and inserting ‘‘, or’’, and by adding at the end the 

5 following new subparagraph: 

6 ‘‘(J) a qualified long-term unemployment 

7 recipient.’’. 

8 (2) QUALIFIED LONG-TERM UNEMPLOYMENT RE9 CIPIENT.—Section 51(d) is amended by adding at the 

10 end the following new paragraph: 

11 ‘‘(15) QUALIFIED LONG-TERM UNEMPLOYMENT

12 RECIPIENT.—The term ‘qualified long-term unemploy13 ment recipient’ means any individual who is certified 

14 by the designated local agency as being in a period 

15 of unemployment which— 

16 ‘‘(A) is not less than 27 consecutive weeks, 

17 and 

18 ‘‘(B) includes a period in which the indi19 vidual was receiving unemployment compensa20 tion under State or Federal law.’’. 

21 (c) EFFECTIVE DATES.— 

22 (1) EXTENSION.—The amendment made by sub23 section (a) shall apply to individuals who begin work 

24 for the employer after December 31, 2014. 
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1 (2) MODIFICATION.—The amendments made by 

2 subsection (b) shall apply to individuals who begin 

3 work for the employer after December 31, 2015. 

4 SEC. 143. EXTENSION AND MODIFICATION OF BONUS DE5 PRECIATION. 

6 (a) EXTENDED FOR 2015.— 

7 (1) IN GENERAL.—Section 168(k)(2) is amend8 ed— 

9 (A) by striking ‘‘January 1, 2016’’ in sub10 paragraph (A)(iv) and inserting ‘‘January 1, 

11 2017’’, and 

12 (B) by striking ‘‘January 1, 2015’’ each 

13 place it appears and inserting ‘‘January 1, 

14 2016’’. 

15 (2) SPECIAL RULE FOR FEDERAL LONG-TERM

16 CONTRACTS.—Section 460(c)(6)(B)(ii) is amended by 

17 striking ‘‘January 1, 2015 (January 1, 2016’’ and 

18 inserting ‘‘January 1, 2016 (January 1, 2017’’. 

19 (3) EXTENSION OF ELECTION TO ACCELERATE

20 AMT CREDIT IN LIEU OF BONUS DEPRECIATION.— 

21 (A) IN GENERAL.—Section 

22 168(k)(4)(D)(iii)(II) is amended by striking 

23 ‘‘January 1, 2015’’ and inserting ‘‘January 1, 

24 2016’’. 
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1 (B) ROUND 5 EXTENSION PROPERTY.—Sec2 tion 168(k)(4) is amended by adding at the end 

3 the following new subparagraph: 

4 ‘‘(L) SPECIAL RULES FOR ROUND 5 EXTEN5 SION PROPERTY.— 

6 ‘‘(i) IN GENERAL.—In the case of 

7 round 5 extension property, in applying 

8 this paragraph to any taxpayer— 

9 ‘‘(I) the limitation described in 

10 subparagraph (B)(i) and the business 

11 credit increase amount under subpara12 graph (E)(iii) thereof shall not apply, 

13 and 

14 ‘‘(II) the bonus depreciation 

15 amount, maximum amount, and max16 imum increase amount shall be com17 puted separately from amounts com18 puted with respect to eligible qualified 

19 property which is not round 5 exten20 sion property. 

21 ‘‘(ii) ELECTION.— 

22 ‘‘(I) A taxpayer who has an elec23 tion in effect under this paragraph for 

24 round 4 extension property shall be 

25 treated as having an election in effect 
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1 for round 5 extension property unless 

2 the taxpayer elects to not have this 

3 paragraph apply to round 5 extension 

4 property. 

5 ‘‘(II) A taxpayer who does not 

6 have an election in effect under this 

7 paragraph for round 4 extension prop8 erty may elect to have this paragraph 

9 apply to round 5 extension property. 

10 ‘‘(iii) ROUND 5 EXTENSION PROP11 ERTY.—For purposes of this subparagraph, 

12 the term ‘round 5 extension property’ means 

13 property which is eligible qualified property 

14 solely by reason of the extension of the ap15 plication of the special allowance under 

16 paragraph (1) pursuant to the amendments 

17 made by section 143(a)(1) of the Protecting 

18 Americans from Tax Hikes Act of 2015 

19 (and the application of such extension to 

20 this paragraph pursuant to the amendment 

21 made by section 143(a)(3) of such Act).’’. 

22 (4) CONFORMING AMENDMENTS.— 

23 (A) The heading for section 168(k) is 

24 amended by striking ‘‘JANUARY 1, 2015’’ and in25 serting ‘‘JANUARY 1, 2016’’. 
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1 (B) The heading for section 168(k)(2)(B)(ii) 

2 is amended by striking ‘‘PRE-JANUARY 1, 2015’’ 

3 and inserting ‘‘PRE-JANUARY 1, 2016’’. 

4 (5) EFFECTIVE DATE.— 

5 (A) IN GENERAL.—Except as provided in 

6 subparagraph (B), the amendments made by this 

7 subsection shall apply to property placed in serv8 ice after December 31, 2014, in taxable years 

9 ending after such date. 

10 (B) ELECTION TO ACCELERATE AMT CRED11 IT.—The amendments made by paragraph (3) 

12 shall apply to taxable years ending after Decem13 ber 31, 2014. 

14 (b) EXTENDED AND MODIFIED FOR 2016 THROUGH

15 2019.— 

16 (1) IN GENERAL.—Section 168(k)(2), as amend17 ed by subsection (a), is amended to read as follows: 

18 ‘‘(2) QUALIFIED PROPERTY.—For purposes of 

19 this subsection— 

20 ‘‘(A) IN GENERAL.—The term ‘qualified 

21 property’ means property— 

22 ‘‘(i)(I) to which this section applies 

23 which has a recovery period of 20 years or 

24 less, 
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1 ‘‘(II) which is computer software (as 

2 defined in section 167(f)(1)(B)) for which a 

3 deduction is allowable under section 167(a) 

4 without regard to this subsection, 

5 ‘‘(III) which is water utility property, 

6 or 

7 ‘‘(IV) which is qualified improvement 

8 property, 

9 ‘‘(ii) the original use of which com10 mences with the taxpayer, and 

11 ‘‘(iii) which is placed in service by the 

12 taxpayer before January 1, 2020. 

13 ‘‘(B) CERTAIN PROPERTY HAVING LONGER

14 PRODUCTION PERIODS TREATED AS QUALIFIED

15 PROPERTY.— 

16 ‘‘(i) IN GENERAL.—The term ‘qualified 

17 property’ includes any property if such 

18 property— 

19 ‘‘(I) meets the requirements of 

20 clauses (i) and (ii) of subparagraph 

21 (A), 

22 ‘‘(II) is placed in service by the 

23 taxpayer before January 1, 2021, 

24 ‘‘(III) is acquired by the taxpayer 

25 (or acquired pursuant to a written 
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1 contract entered into) before January 

2 1, 2020, 

3 ‘‘(IV) has a recovery period of at 

4 least 10 years or is transportation 

5 property, 

6 ‘‘(V) is subject to section 263A, 

7 and 

8 ‘‘(VI) meets the requirements of 

9 clause (iii) of section 263A(f)(1)(B) 

10 (determined as if such clause also ap11 plies to property which has a long use12 ful life (within the meaning of section 

13 263A(f))). 

14 ‘‘(ii) ONLY PRE-JANUARY 1, 2020 BASIS

15 ELIGIBLE FOR ADDITIONAL ALLOWANCE.— 

16 In the case of property which is qualified 

17 property solely by reason of clause (i), 

18 paragraph (1) shall apply only to the extent 

19 of the adjusted basis thereof attributable to 

20 manufacture, construction, or production 

21 before January 1, 2020. 

22 ‘‘(iii) TRANSPORTATION PROPERTY.— 

23 For purposes of this subparagraph, the term 

24 ‘transportation property’ means tangible 
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1 personal property used in the trade or busi2 ness of transporting persons or property. 

3 ‘‘(iv) APPLICATION OF SUBPARA4 GRAPH.—This subparagraph shall not 

5 apply to any property which is described in 

6 subparagraph (C). 

7 ‘‘(C) CERTAIN AIRCRAFT.—The term ‘quali8 fied property’ includes property— 

9 ‘‘(i) which meets the requirements of 

10 subparagraph (A)(ii) and subclauses (II) 

11 and (III) of subparagraph (B)(i), 

12 ‘‘(ii) which is an aircraft which is not 

13 a transportation property (as defined in 

14 subparagraph (B)(iii)) other than for agri15 cultural or firefighting purposes, 

16 ‘‘(iii) which is purchased and on which 

17 such purchaser, at the time of the contract 

18 for purchase, has made a nonrefundable de19 posit of the lesser of— 

20 ‘‘(I) 10 percent of the cost, or 

21 ‘‘(II) $100,000, and 

22 ‘‘(iv) which has— 

23 ‘‘(I) an estimated production pe24 riod exceeding 4 months, and 

25 ‘‘(II) a cost exceeding $200,000. 
1979 

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1 ‘‘(D) EXCEPTION FOR ALTERNATIVE DEPRE2 CIATION PROPERTY.—The term ‘qualified prop3 erty’ shall not include any property to which the 

4 alternative depreciation system under subsection 

5 (g) applies, determined— 

6 ‘‘(i) without regard to paragraph (7) of 

7 subsection (g) (relating to election to have 

8 system apply), and 

9 ‘‘(ii) after application of section 

10 280F(b) (relating to listed property with 

11 limited business use). 

12 ‘‘(E) SPECIAL RULES.— 

13 ‘‘(i) SELF-CONSTRUCTED PROPERTY.— 

14 In the case of a taxpayer manufacturing, 

15 constructing, or producing property for the 

16 taxpayer’s own use, the requirements of sub17 clause (III) of subparagraph (B)(i) shall be 

18 treated as met if the taxpayer begins manu19 facturing, constructing, or producing the 

20 property before January 1, 2020. 

21 ‘‘(ii) SALE-LEASEBACKS.—For pur22 poses of clause (iii) and subparagraph 

23 (A)(ii), if property is— 

24 ‘‘(I) originally placed in service 

25 by a person, and 
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1 ‘‘(II) sold and leased back by such 

2 person within 3 months after the date 

3 such property was originally placed in 

4 service, 

5 such property shall be treated as originally 

6 placed in service not earlier than the date 

7 on which such property is used under the 

8 leaseback referred to in subclause (II). 

9 ‘‘(iii) SYNDICATION.—For purposes of 

10 subparagraph (A)(ii), if— 

11 ‘‘(I) property is originally placed 

12 in service by the lessor of such prop13 erty, 

14 ‘‘(II) such property is sold by 

15 such lessor or any subsequent pur16 chaser within 3 months after the date 

17 such property was originally placed in 

18 service (or, in the case of multiple 

19 units of property subject to the same 

20 lease, within 3 months after the date 

21 the final unit is placed in service, so 

22 long as the period between the time the 

23 first unit is placed in service and the 

24 time the last unit is placed in service 

25 does not exceed 12 months), and 
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1 ‘‘(III) the user of such property 

2 after the last sale during such 3-month 

3 period remains the same as when such 

4 property was originally placed in serv5 ice, 

6 such property shall be treated as originally 

7 placed in service not earlier than the date 

8 of such last sale. 

9 ‘‘(F) COORDINATION WITH SECTION 280F.— 

10 For purposes of section 280F— 

11 ‘‘(i) AUTOMOBILES.—In the case of a 

12 passenger automobile (as defined in section 

13 280F(d)(5)) which is qualified property, the 

14 Secretary shall increase the limitation 

15 under section 280F(a)(1)(A)(i) by $8,000. 

16 ‘‘(ii) LISTED PROPERTY.—The deduc17 tion allowable under paragraph (1) shall be 

18 taken into account in computing any recap19 ture amount under section 280F(b)(2). 

20 ‘‘(iii) PHASE DOWN.—In the case of a 

21 passenger automobile placed in service by 

22 the taxpayer after December 31, 2017, 

23 clause (i) shall be applied by substituting 

24 for ‘$8,000’— 
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1 ‘‘(I) in the case of an automobile 

2 placed in service during 2018, $6,400, 

3 and 

4 ‘‘(II) in the case of an automobile 

5 placed in service during 2019, $4,800. 

6 ‘‘(G) DEDUCTION ALLOWED IN COMPUTING

7 MINIMUM TAX.—For purposes of determining al8 ternative minimum taxable income under section 

9 55, the deduction under section 167 for qualified 

10 property shall be determined without regard to 

11 any adjustment under section 56.’’. 

12 (2) QUALIFIED IMPROVEMENT PROPERTY.—Sec13 tion 168(k)(3) is amended to read as follows: 

14 ‘‘(3) QUALIFIED IMPROVEMENT PROPERTY.—For 

15 purposes of this subsection— 

16 ‘‘(A) IN GENERAL.—The term ‘qualified im17 provement property’ means any improvement to 

18 an interior portion of a building which is non19 residential real property if such improvement is 

20 placed in service after the date such building was 

21 first placed in service. 

22 ‘‘(B) CERTAIN IMPROVEMENTS NOT IN23 CLUDED.—Such term shall not include any im24 provement for which the expenditure is attrib25 utable to— 
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1 ‘‘(i) the enlargement of the building, 

2 ‘‘(ii) any elevator or escalator, or 

3 ‘‘(iii) the internal structural frame4 work of the building.’’. 

5 (3) EXPANSION OF ELECTION TO ACCELERATE

6 AMT CREDITS IN LIEU OF BONUS DEPRECIATION.— 

7 Section 168(k)(4), as amended by subsection (a), is 

8 amended to read as follows: 

9 ‘‘(4) ELECTION TO ACCELERATE AMT CREDITS IN

10 LIEU OF BONUS DEPRECIATION.— 

11 ‘‘(A) IN GENERAL.—If a corporation elects 

12 to have this paragraph apply for any taxable 

13 year— 

14 ‘‘(i) paragraphs (1) and (2)(F) shall 

15 not apply to any qualified property placed 

16 in service during such taxable year, 

17 ‘‘(ii) the applicable depreciation meth18 od used under this section with respect to 

19 such property shall be the straight line 

20 method, and 

21 ‘‘(iii) the limitation imposed by section 

22 53(c) for such taxable year shall be in23 creased by the bonus depreciation amount 

24 which is determined for such taxable year 

25 under subparagraph (B). 
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1 ‘‘(B) BONUS DEPRECIATION AMOUNT.—For 

2 purposes of this paragraph— 

3 ‘‘(i) IN GENERAL.—The bonus depre4 ciation amount for any taxable year is an 

5 amount equal to 20 percent of the excess (if 

6 any) of— 

7 ‘‘(I) the aggregate amount of de8 preciation which would be allowed 

9 under this section for qualified prop10 erty placed in service by the taxpayer 

11 during such taxable year if paragraph 

12 (1) applied to all such property (and, 

13 in the case of any such property which 

14 is a passenger automobile (as defined 

15 in section 280F(d)(5)), if paragraph 

16 (2)(F) applied to such automobile), 

17 over 

18 ‘‘(II) the aggregate amount of de19 preciation which would be allowed 

20 under this section for qualified prop21 erty placed in service by the taxpayer 

22 during such taxable year if paragraphs 

23 (1) and (2)(F) did not apply to any 

24 such property. 
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1 The aggregate amounts determined under 

2 subclauses (I) and (II) shall be determined 

3 without regard to any election made under 

4 subparagraph (A) or subsection (b)(2)(D), 

5 (b)(3)(D), or (g)(7). 

6 ‘‘(ii) LIMITATION.—The bonus depre7 ciation amount for any taxable year shall 

8 not exceed the lesser of— 

9 ‘‘(I) 50 percent of the minimum 

10 tax credit under section 53(b) for the 

11 first taxable year ending after Decem12 ber 31, 2015, or 

13 ‘‘(II) the minimum tax credit 

14 under section 53(b) for such taxable 

15 year determined by taking into ac16 count only the adjusted net minimum 

17 tax for taxable years ending before 

18 January 1, 2016 (determined by treat19 ing credits as allowed on a first-in, 

20 first-out basis). 

21 ‘‘(iii) AGGREGATION RULE.—All cor22 porations which are treated as a single em23 ployer under section 52(a) shall be treat24 ed— 
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1 ‘‘(I) as 1 taxpayer for purposes of 

2 this paragraph, and 

3 ‘‘(II) as having elected the appli4 cation of this paragraph if any such 

5 corporation so elects. 

6 ‘‘(C) CREDIT REFUNDABLE.—For purposes 

7 of section 6401(b), the aggregate increase in the 

8 credits allowable under part IV of subchapter A 

9 for any taxable year resulting from the applica10 tion of this paragraph shall be treated as allowed 

11 under subpart C of such part (and not any other 

12 subpart). 

13 ‘‘(D) OTHER RULES.— 

14 ‘‘(i) ELECTION.—Any election under 

15 this paragraph may be revoked only with 

16 the consent of the Secretary. 

17 ‘‘(ii) PARTNERSHIPS WITH ELECTING

18 PARTNERS.—In the case of a corporation 

19 which is a partner in a partnership and 

20 which makes an election under subpara21 graph (A) for the taxable year, for purposes 

22 of determining such corporation’s distribu23 tive share of partnership items under sec24 tion 702 for such taxable year— 
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1 ‘‘(I) paragraphs (1) and (2)(F) 

2 shall not apply to any qualified prop3 erty placed in service during such tax4 able year, and 

5 ‘‘(II) the applicable depreciation 

6 method used under this section with re7 spect to such property shall be the 

8 straight line method. 

9 ‘‘(iii) CERTAIN PARTNERSHIPS.—In 

10 the case of a partnership in which more 

11 than 50 percent of the capital and profits 

12 interests are owned (directly or indirectly) 

13 at all times during the taxable year by 1 

14 corporation (or by corporations treated as 1 

15 taxpayer under subparagraph (B)(iii)), 

16 each partner shall compute its bonus depre17 ciation amount under clause (i) of subpara18 graph (B) by taking into account its dis19 tributive share of the amounts determined 

20 by the partnership under subclauses (I) and 

21 (II) of such clause for the taxable year of 

22 the partnership ending with or within the 

23 taxable year of the partner.’’. 

24 (4) SPECIAL RULES FOR CERTAIN PLANTS BEAR25 ING FRUITS AND NUTS.—Section 168(k) is amended— 
1988 

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1 (A) by striking paragraph (5), and 

2 (B) by inserting after paragraph (4) the fol3 lowing new paragraph: 

4 ‘‘(5) SPECIAL RULES FOR CERTAIN PLANTS

5 BEARING FRUITS AND NUTS.— 

6 ‘‘(A) IN GENERAL.—In the case of any spec7 ified plant which is planted before January 1, 

8 2020, or is grafted before such date to a plant 

9 that has already been planted, by the taxpayer 

10 in the ordinary course of the taxpayer’s farming 

11 business (as defined in section 263A(e)(4)) dur12 ing a taxable year for which the taxpayer has 

13 elected the application of this paragraph— 

14 ‘‘(i) a depreciation deduction equal to 

15 50 percent of the adjusted basis of such 

16 specified plant shall be allowed under sec17 tion 167(a) for the taxable year in which 

18 such specified plant is so planted or grafted, 

19 and 

20 ‘‘(ii) the adjusted basis of such speci21 fied plant shall be reduced by the amount of 

22 such deduction. 

23 ‘‘(B) SPECIFIED PLANT.—For purposes of 

24 this paragraph, the term ‘specified plant’ 

25 means— 
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1 ‘‘(i) any tree or vine which bears fruits 

2 or nuts, and 

3 ‘‘(ii) any other plant which will have 

4 more than one yield of fruits or nuts and 

5 which generally has a pre-productive period 

6 of more than 2 years from the time of 

7 planting or grafting to the time at which 

8 such plant begins bearing fruits or nuts. 

9 Such term shall not include any property which 

10 is planted or grafted outside of the United 

11 States. 

12 ‘‘(C) ELECTION REVOCABLE ONLY WITH

13 CONSENT.—An election under this paragraph 

14 may be revoked only with the consent of the Sec15 retary. 

16 ‘‘(D) ADDITIONAL DEPRECIATION MAY BE

17 CLAIMED ONLY ONCE.—If this paragraph applies 

18 to any specified plant, such specified plant shall 

19 not be treated as qualified property in the tax20 able year in which placed in service. 

21 ‘‘(E) DEDUCTION ALLOWED IN COMPUTING

22 MINIMUM TAX.—Rules similar to the rules of 

23 paragraph (2)(G) shall apply for purposes of 

24 this paragraph. 
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1 ‘‘(F) PHASE DOWN.—In the case of a speci2 fied plant which is planted after December 31, 

3 2017 (or is grafted to a plant that has already 

4 been planted before such date), subparagraph 

5 (A)(i) shall be applied by substituting for ‘50 

6 percent’— 

7 ‘‘(i) in the case of a plant which is 

8 planted (or so grafted) in 2018, ‘40 percent’, 

9 and 

10 ‘‘(ii) in the case of a plant which is 

11 planted (or so grafted) during 2019, ‘30 

12 percent’.’’. 

13 (5) PHASE DOWN OF BONUS DEPRECIATION.— 

14 Section 168(k) is amended by adding at the end the 

15 following new paragraph: 

16 ‘‘(6) PHASE DOWN.—In the case of qualified 

17 property placed in service by the taxpayer after De18 cember 31, 2017, paragraph (1)(A) shall be applied 

19 by substituting for ‘50 percent’— 

20 ‘‘(A) in the case of property placed in serv21 ice in 2018 (or in the case of property placed in 

22 service in 2019 and described in paragraph 

23 (2)(B) or (C) (determined by substituting ‘2019’ 

24 for ‘2020’ in paragraphs (2)(B)(i)(III) and (ii) 

25 and paragraph (2)(E)(i)), ‘40 percent’, 
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1 ‘‘(B) in the case of property placed in serv2 ice in 2019 (or in the case of property placed in 

3 service in 2020 and described in paragraph 

4 (2)(B) or (C), ‘30 percent’.’’. 

5 (6) CONFORMING AMENDMENTS.— 

6 (A) Section 168(e)(6) is amended— 

7 (i) by redesignating subparagraphs (A) 

8 and (B) as subparagraphs (D) and (E), re9 spectively, 

10 (ii) by striking all that precedes sub11 paragraph (D) (as so redesignated) and in12 serting the following: 

13 ‘‘(6) QUALIFIED LEASEHOLD IMPROVEMENT

14 PROPERTY.—For purposes of this subsection— 

15 ‘‘(A) IN GENERAL.—The term ‘qualified 

16 leasehold improvement property’ means any im17 provement to an interior portion of a building 

18 which is nonresidential real property if— 

19 ‘‘(i) such improvement is made under 

20 or pursuant to a lease (as defined in sub21 section (h)(7))— 

22 ‘‘(I) by the lessee (or any subles23 see) of such portion, or 

24 ‘‘(II) by the lessor of such portion, 
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1 ‘‘(ii) such portion is to be occupied ex2 clusively by the lessee (or any sublessee) of 

3 such portion, and 

4 ‘‘(iii) such improvement is placed in 

5 service more than 3 years after the date the 

6 building was first placed in service. 

7 ‘‘(B) CERTAIN IMPROVEMENTS NOT IN8 CLUDED.—Such term shall not include any im9 provement for which the expenditure is attrib10 utable to— 

11 ‘‘(i) the enlargement of the building, 

12 ‘‘(ii) any elevator or escalator, 

13 ‘‘(iii) any structural component bene14 fitting a common area, or 

15 ‘‘(iv) the internal structural framework 

16 of the building. 

17 ‘‘(C) DEFINITIONS AND SPECIAL RULES.— 

18 For purposes of this paragraph— 

19 ‘‘(i) COMMITMENT TO LEASE TREATED

20 AS LEASE.—A commitment to enter into a 

21 lease shall be treated as a lease, and the 

22 parties to such commitment shall be treated 

23 as lessor and lessee, respectively. 

24 ‘‘(ii) RELATED PERSONS.—A lease be25 tween related persons shall not be considered 
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1 a lease. For purposes of the preceding sen2 tence, the term ‘related persons’ means— 

3 ‘‘(I) members of an affiliated 

4 group (as defined in section 1504), and 

5 ‘‘(II) persons having a relation6 ship described in subsection (b) of sec7 tion 267; except that, for purposes of 

8 this clause, the phrase ‘80 percent or 

9 more’ shall be substituted for the 

10 phrase ‘more than 50 percent’ each 

11 place it appears in such subsection.’’, 

12 and 

13 (iii) by striking ‘‘subparagraph (A)’’ 

14 in subparagraph (E) (as so redesignated) 

15 and inserting ‘‘subparagraph (D)’’. 

16 (B) Section 168(e)(7)(B) is amended by 

17 striking ‘‘qualified leasehold improvement prop18 erty’’ and inserting ‘‘qualified improvement 

19 property’’. 

20 (C) Section 168(e)(8) is amended by strik21 ing subparagraph (D). 

22 (D) Section 168(k), as amended by the pre23 ceding provisions of this section, is amended by 

24 adding at the end the following new paragraph: 
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1 ‘‘(7) ELECTION OUT.—If a taxpayer makes an 

2 election under this paragraph with respect to any 

3 class of property for any taxable year, paragraphs (1) 

4 and (2)(F) shall not apply to any qualified property 

5 in such class placed in service during such taxable 

6 year. An election under this paragraph may be re7 voked only with the consent of the Secretary.’’. 

8 (E) Section 168(l)(3) is amended— 

9 (i) by striking ‘‘section 168(k)’’ in sub10 paragraph (A) and inserting ‘‘subsection 

11 (k)’’, and 

12 (ii) by striking ‘‘section 

13 168(k)(2)(D)(i)’’ in subparagraph (B) and 

14 inserting ‘‘subsection (k)(2)(D)’’. 

15 (F) Section 168(l)(4) is amended by strik16 ing ‘‘subparagraph (E) of section 168(k)(2)’’ and 

17 all that follows and inserting ‘‘subsection 

18 (k)(2)(E) shall apply.’’. 

19 (G) Section 168(l)(5) is amended by strik20 ing ‘‘section 168(k)(2)(G)’’ and inserting ‘‘sub21 section (k)(2)(G)’’. 

22 (H) Section 263A(c) is amended by adding 

23 at the end the following new paragraph: 

24 ‘‘(7) COORDINATION WITH SECTION 168(k)(5).— 

25 This section shall not apply to any amount allowed 
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1 as a deduction by reason of section 168(k)(5) (relat2 ing to special rules for certain plants bearing fruits 

3 and nuts).’’. 

4 (I) Section 460(c)(6)(B)(ii), as amended by 

5 subsection (a), is amended to read as follows: 

6 ‘‘(ii) is placed in service before Janu7 ary 1, 2020 (January 1, 2021 in the case 

8 of property described in section 

9 168(k)(2)(B)).’’. 

10 (J) Section 168(k), as amended by sub11 section (a), is amended by striking ‘‘AND BE12 FORE JANUARY 1, 2016’’ in the heading thereof 

13 and inserting ‘‘AND BEFORE JANUARY 1, 2020’’. 

14 (7) EFFECTIVE DATES.— 

15 (A) IN GENERAL.—Except as otherwise pro16 vided in this paragraph, the amendments made 

17 by this subsection shall apply to property placed 

18 in service after December 31, 2015, in taxable 

19 years ending after such date. 

20 (B) EXPANSION OF ELECTION TO ACCEL21 ERATE AMT CREDITS IN LIEU OF BONUS DEPRE22 CIATION.—The amendments made by paragraph 

23 (3) shall apply to taxable years ending after De24 cember 31, 2015, except that in the case of any 

25 taxable year beginning before January 1, 2016, 
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1 and ending after December 31, 2015, the limita2 tion under section 168(k)(4)(B)(ii) of the Inter3 nal Revenue Code of 1986 (as amended by this 

4 section) shall be the sum of— 

5 (i) the product of— 

6 (I) the maximum increase amount 

7 (within the meaning of section 

8 168(k)(4)(C)(iii) of such Code, as in ef9 fect before the amendments made by 

10 this subsection), multiplied by 

11 (II) a fraction the numerator of 

12 which is the number of days in the tax13 able year before January 1, 2016, and 

14 the denominator of which is the num15 ber of days in the taxable year, plus 

16 (ii) the product of— 

17 (I) such limitation (determined 

18 without regard to this subparagraph), 

19 multiplied by 

20 (II) a fraction the numerator of 

21 which is the number of days in the tax22 able year after December 31, 2015, and 

23 the denominator of which is the num24 ber of days in the taxable year. 
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1 (C) SPECIAL RULES FOR CERTAIN PLANTS

2 BEARING FRUITS AND NUTS.—The amendments 

3 made by paragraph (4) (other than subpara4 graph (A) thereof) shall apply to specified plants 

5 (as defined in section 168(k)(5)(B) of the Inter6 nal Revenue Code of 1986, as amended by this 

7 subsection) planted or grafted after December 31, 

8 2015. 

9 SEC. 144. EXTENSION OF LOOK-THRU TREATMENT OF PAY10 MENTS BETWEEN RELATED CONTROLLED 

11 FOREIGN CORPORATIONS UNDER FOREIGN 

12 PERSONAL HOLDING COMPANY RULES. 

13 (a) IN GENERAL.—Section 954(c)(6)(C) is amended by 

14 striking ‘‘January 1, 2015’’ and inserting ‘‘January 1, 

15 2020’’. 

16 (b) EFFECTIVE DATE.—The amendment made by this 

17 section shall apply to taxable years of foreign corporations 

18 beginning after December 31, 2014, and to taxable years 

19 of United States shareholders with or within which such 

20 taxable years of foreign corporations end. 
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1 Subtitle C—Extensions Through 

2 2016 

3 PART 1—TAX RELIEF FOR FAMILIES AND 

4 INDIVIDUALS 

5 SEC. 151. EXTENSION AND MODIFICATION OF EXCLUSION 

6 FROM GROSS INCOME OF DISCHARGE OF 

7 QUALIFIED PRINCIPAL RESIDENCE INDEBT8 EDNESS. 

9 (a) EXTENSION.—Section 108(a)(1)(E) is amended by 

10 striking ‘‘January 1, 2015’’ and inserting ‘‘January 1, 

11 2017’’. 

12 (b) MODIFICATION.—Section 108(a)(1)(E), as amend13 ed by subsection (a), is amended by striking ‘‘discharged 

14 before’’ and all that follows and inserting ‘‘discharged— 

15 ‘‘(i) before January 1, 2017, or 

16 ‘‘(ii) subject to an arrangement that is 

17 entered into and evidenced in writing before 

18 January 1, 2017.’’. 

19 (c) EFFECTIVE DATES.— 

20 (1) EXTENSION.—The amendment made by sub21 section (a) shall apply to discharges of indebtedness 

22 after December 31, 2014. 

23 (2) MODIFICATION.—The amendment made by 

24 subsection (b) shall apply to discharges of indebted25 ness after December 31, 2015. 
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1 SEC. 152. EXTENSION OF MORTGAGE INSURANCE PRE2 MIUMS TREATED AS QUALIFIED RESIDENCE 

3 INTEREST. 

4 (a) IN GENERAL.—Subclause (I) of section 

5 163(h)(3)(E)(iv) is amended by striking ‘‘December 31, 

6 2014’’ and inserting ‘‘December 31, 2016’’. 

7 (b) EFFECTIVE DATE.—The amendment made by this 

8 section shall apply to amounts paid or accrued after Decem9 ber 31, 2014. 

10 SEC. 153. EXTENSION OF ABOVE-THE-LINE DEDUCTION FOR 

11 QUALIFIED TUITION AND RELATED EX12 PENSES. 

13 (a) IN GENERAL.—Section 222(e) is amended by strik14 ing ‘‘December 31, 2014’’ and inserting ‘‘December 31, 

15 2016’’. 

16 (b) EFFECTIVE DATE.—The amendment made by this 

17 section shall apply to taxable years beginning after Decem18 ber 31, 2014. 

19 PART 2—INCENTIVES FOR GROWTH, JOBS, 

20 INVESTMENT, AND INNOVATION 

21 SEC. 161. EXTENSION OF INDIAN EMPLOYMENT TAX CRED22 IT. 

23 (a) IN GENERAL.—Section 45A(f) is amended by strik24 ing ‘‘December 31, 2014’’ and inserting ‘‘December 31, 

25 2016’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by this 

2 section shall apply to taxable years beginning after Decem3 ber 31, 2014. 

4 SEC. 162. EXTENSION AND MODIFICATION OF RAILROAD 

5 TRACK MAINTENANCE CREDIT. 

6 (a) EXTENSION.—Section 45G(f) is amended by strik7 ing ‘‘January 1, 2015’’ and inserting ‘‘January 1, 2017’’. 

8 (b) MODIFICATION.—Section 45G(d) is amended by 

9 striking ‘‘January 1, 2005,’’ and inserting ‘‘January 1, 

10 2015,’’. 

11 (c) EFFECTIVE DATES.— 

12 (1) EXTENSION.—The amendment made by sub13 section (a) shall apply to expenditures paid or in14 curred in taxable years beginning after December 31, 

15 2014. 

16 (2) MODIFICATION.—The amendment made by 

17 subsection (b) shall apply to expenditures paid or in18 curred in taxable years beginning after December 31, 

19 2015. 

20 SEC. 163. EXTENSION OF MINE RESCUE TEAM TRAINING 

21 CREDIT. 

22 (a) IN GENERAL.—Section 45N(e) is amended by 

23 striking ‘‘December 31, 2014’’ and inserting ‘‘December 31, 

24 2016’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by this 

2 section shall apply to taxable years beginning after Decem3 ber 31, 2014. 

4 SEC. 164. EXTENSION OF QUALIFIED ZONE ACADEMY 

5 BONDS. 

6 (a) EXTENSION.—Section 54E(c)(1) is amended by 

7 striking ‘‘and 2014’’ and inserting ‘‘2014, 2015, and 2016’’. 

8 (b) EFFECTIVE DATE.—The amendment made by this 

9 section shall apply to obligations issued after December 31, 

10 2014. 

11 SEC. 165. EXTENSION OF CLASSIFICATION OF CERTAIN 

12 RACE HORSES AS 3-YEAR PROPERTY. 

13 (a) IN GENERAL.—Section 168(e)(3)(A)(i) is amend14 ed— 

15 (1) by striking ‘‘January 1, 2015’’ in subclause 

16 (I) and inserting ‘‘January 1, 2017’’, and 

17 (2) by striking ‘‘December 31, 2014’’ in sub18 clause (II) and inserting ‘‘December 31, 2016’’. 

19 (b) EFFECTIVE DATE.—The amendments made by this 

20 section shall apply to property placed in service after De21 cember 31, 2014. 
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1 SEC. 166. EXTENSION OF 7-YEAR RECOVERY PERIOD FOR 

2 MOTORSPORTS ENTERTAINMENT COM3 PLEXES. 

4 (a) IN GENERAL.—Section 168(i)(15)(D) is amended 

5 by striking ‘‘December 31, 2014’’ and inserting ‘‘December 

6 31, 2016’’. 

7 (b) EFFECTIVE DATE.—The amendment made by this 

8 section shall apply to property placed in service after De9 cember 31, 2014. 

10 SEC. 167. EXTENSION AND MODIFICATION OF ACCELER11 ATED DEPRECIATION FOR BUSINESS PROP12 ERTY ON AN INDIAN RESERVATION. 

13 (a) IN GENERAL.—Section 168(j)(8) is amended by 

14 striking ‘‘December 31, 2014’’ and inserting ‘‘December 31, 

15 2016’’. 

16 (b) ELECTION TO HAVE SPECIAL RULES NOT

17 APPLY.—Section 168(j) is amended by redesignating para18 graph (8), as amended by subsection (a), as paragraph (9), 

19 and by inserting after paragraph (7) the following new 

20 paragraph: 

21 ‘‘(8) ELECTION OUT.—If a taxpayer makes an 

22 election under this paragraph with respect to any 

23 class of property for any taxable year, this subsection 

24 shall not apply to all property in such class placed 

25 in service during such taxable year. Such election, 

26 once made, shall be irrevocable.’’. 
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1 (c) EFFECTIVE DATES.— 

2 (1) EXTENSION.—The amendment made by sub3 section (a) shall apply to property placed in service 

4 after December 31, 2014. 

5 (2) MODIFICATION.—The amendments made by 

6 subsection (b) shall apply to taxable years beginning 

7 after December 31, 2015. 

8 SEC. 168. EXTENSION OF ELECTION TO EXPENSE MINE 

9 SAFETY EQUIPMENT. 

10 (a) IN GENERAL.—Section 179E(g) is amended by 

11 striking ‘‘December 31, 2014’’ and inserting ‘‘December 31, 

12 2016’’. 

13 (b) EFFECTIVE DATE.—The amendment made by this 

14 section shall apply to property placed in service after De15 cember 31, 2014. 

16 SEC. 169. EXTENSION OF SPECIAL EXPENSING RULES FOR 

17 CERTAIN FILM AND TELEVISION PRODUC18 TIONS; SPECIAL EXPENSING FOR LIVE THEAT19 RICAL PRODUCTIONS. 

20 (a) IN GENERAL.—Section 181(f) is amended by strik21 ing ‘‘December 31, 2014’’ and inserting ‘‘December 31, 

22 2016’’. 

23 (b) APPLICATION TO LIVE PRODUCTIONS.— 

24 (1) IN GENERAL.—Paragraph (1) of section 

25 181(a) is amended by inserting ‘‘, and any qualified 
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1 live theatrical production,’’ after ‘‘any qualified film 

2 or television production’’. 

3 (2) CONFORMING AMENDMENTS.—Section 181 is 

4 amended— 

5 (A) by inserting ‘‘or any qualified live the6 atrical production’’ after ‘‘qualified film or tele7 vision production’’ each place it appears in sub8 sections (a)(2), (b), and (c)(1), 

9 (B) by inserting ‘‘or qualified live theatrical 

10 productions’’ after ‘‘qualified film or television 

11 productions’’ in subsection (f), and 

12 (C) by inserting ‘‘AND LIVE THEAT13 RICAL’’ after ‘‘FILM AND TELEVISION’’ in the 

14 heading. 

15 (3) CLERICAL AMENDMENT.—The item relating 

16 to section 181 in the table of sections for part VI of 

17 subchapter B of chapter 1 is amended to read as fol18 lows: 

‘‘Sec. 181. Treatment of certain qualified film and television and live theatrical 

productions.’’. 

19 (c) QUALIFIED LIVE THEATRICAL PRODUCTION.—Sec20 tion 181 is amended— 

21 (1) by redesignating subsections (e) and (f), as 

22 amended by subsections (a) and (b), as subsections (f) 

23 and (g), respectively, and 
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1 (2) by inserting after subsection (d) the following 

2 new subsection: 

3 ‘‘(e) QUALIFIED LIVE THEATRICAL PRODUCTION.— 

4 For purposes of this section— 

5 ‘‘(1) IN GENERAL.—The term ‘qualified live the6 atrical production’ means any production described 

7 in paragraph (2) if 75 percent of the total compensa8 tion of the production is qualified compensation (as 

9 defined in subsection (d)(3)). 

10 ‘‘(2) PRODUCTION.— 

11 ‘‘(A) IN GENERAL.—A production is de12 scribed in this paragraph if such production is 

13 a live staged production of a play (with or with14 out music) which is derived from a written book 

15 or script and is produced or presented by a tax16 able entity in any venue which has an audience 

17 capacity of not more than 3,000 or a series of 

18 venues the majority of which have an audience 

19 capacity of not more than 3,000. 

20 ‘‘(B) TOURING COMPANIES, ETC.—In the 

21 case of multiple live staged productions— 

22 ‘‘(i) for which the election under this 

23 section would be allowable to the same tax24 payer, and 

25 ‘‘(ii) which are— 
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1 ‘‘(I) separate phases of a produc2 tion, or 

3 ‘‘(II) separate simultaneous stag4 ings of the same production in dif5 ferent geographical locations (not in6 cluding multiple performance locations 

7 of any one touring production), 

8 each such live staged production shall be treated 

9 as a separate production. 

10 ‘‘(C) PHASE.—For purposes of subpara11 graph (B), the term ‘phase’ with respect to any 

12 qualified live theatrical production refers to each 

13 of the following, but only if each of the following 

14 is treated by the taxpayer as a separate activity 

15 for all purposes of this title: 

16 ‘‘(i) The initial staging of a live theat17 rical production. 

18 ‘‘(ii) Subsequent additional stagings or 

19 touring of such production which are pro20 duced by the same producer as the initial 

21 staging. 

22 ‘‘(D) SEASONAL PRODUCTIONS.— 

23 ‘‘(i) IN GENERAL.—In the case of a live 

24 staged production not described in subpara25 graph (B) which is produced or presented 
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1 by a taxable entity for not more than 10 

2 weeks of the taxable year, subparagraph (A) 

3 shall be applied by substituting ‘6,500’ for 

4 ‘3,000’. 

5 ‘‘(ii) SHORT TAXABLE YEARS.—For 

6 purposes of clause (i), in the case of any 

7 taxable year of less than 12 months, the 

8 number of weeks for which a production is 

9 produced or presented shall be annualized 

10 by multiplying the number of weeks the pro11 duction is produced or presented during 

12 such taxable year by 12 and dividing the 

13 result by the number of months in such tax14 able year. 

15 ‘‘(E) EXCEPTION.—A production is not de16 scribed in this paragraph if such production in17 cludes or consists of any performance of conduct 

18 described in section 2257(h)(1) of title 18, 

19 United States Code.’’. 

20 (d) EFFECTIVE DATE.— 

21 (1) EXTENSION.—The amendment made by sub22 section (a) shall apply to productions commencing 

23 after December 31, 2014. 

24 (2) MODIFICATIONS.— 
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1 (A) IN GENERAL.—The amendments made 

2 by subsections (b) and (c) shall apply to produc3 tions commencing after December 31, 2015. 

4 (B) COMMENCEMENT.—For purposes of sub5 paragraph (A), the date on which a qualified 

6 live theatrical production commences is the date 

7 of the first public performance of such produc8 tion for a paying audience. 

9 SEC. 170. EXTENSION OF DEDUCTION ALLOWABLE WITH RE10 SPECT TO INCOME ATTRIBUTABLE TO DO11 MESTIC PRODUCTION ACTIVITIES IN PUERTO 

12 RICO. 

13 (a) IN GENERAL.—Section 199(d)(8)(C) is amended— 

14 (1) by striking ‘‘first 9 taxable years’’ and in15 serting ‘‘first 11 taxable years’’, and 

16 (2) by striking ‘‘January 1, 2015’’ and inserting 

17 ‘‘January 1, 2017’’. 

18 (b) EFFECTIVE DATE.—The amendments made by this 

19 section shall apply to taxable years beginning after Decem20 ber 31, 2014. 

21 SEC. 171. EXTENSION AND MODIFICATION OF EMPOWER22 MENT ZONE TAX INCENTIVES. 

23 (a) IN GENERAL.— 
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1 (1) EXTENSION.—Section 1391(d)(1)(A)(i) is 

2 amended by striking ‘‘December 31, 2014’’ and insert3 ing ‘‘December 31, 2016’’. 

4 (2) TREATMENT OF CERTAIN TERMINATION

5 DATES SPECIFIED IN NOMINATIONS.—In the case of a 

6 designation of an empowerment zone the nomination 

7 for which included a termination date which is con8 temporaneous with the date specified in subparagraph 

9 (A)(i) of section 1391(d)(1) of the Internal Revenue 

10 Code of 1986 (as in effect before the enactment of this 

11 Act), subparagraph (B) of such section shall not 

12 apply with respect to such designation if, after the 

13 date of the enactment of this section, the entity which 

14 made such nomination amends the nomination to 

15 provide for a new termination date in such manner 

16 as the Secretary of the Treasury (or the Secretary’s 

17 designee) may provide. 

18 (b) MODIFICATION.—Section 1394(b)(3)(B)(i) is 

19 amended— 

20 (1) by striking ‘‘References’’ and inserting the 

21 following: 

22 ‘‘(I) IN GENERAL.—Except as pro23 vided in subclause (II), references’’, 

24 and 
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1 (2) by adding at the end the following new sub2 clause: 

3 ‘‘(II) SPECIAL RULE FOR EM4 PLOYEE RESIDENCE TEST.—For pur5 poses of subsection (b)(6) and (c)(5) of 

6 section 1397C, an employee shall be 

7 treated as a resident of an empower8 ment zone if such employee is a resi9 dent of an empowerment zone, an en10 terprise community, or a qualified low11 income community within an applica12 ble nominating jurisdiction.’’. 

13 (c) DEFINITIONS.— 

14 (1) QUALIFIED LOW-INCOME COMMUNITY.—Sec15 tion 1394(b)(3) is amended by redesignating subpara16 graphs (C) and (D) as subparagraphs (D) and (E), 

17 respectively, and by inserting after subparagraph (B) 

18 the following new subparagraph: 

19 ‘‘(C) QUALIFIED LOW-INCOME COMMU20 NITY.—For purposes of subparagraph (B)— 

21 ‘‘(i) IN GENERAL.—The term ‘qualified 

22 low-income community’ means any popu23 lation census tract if— 

24 ‘‘(I) the poverty rate for such 

25 tract is at least 20 percent, or 
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1 ‘‘(II) the median family income 

2 for such tract does not exceed 80 per3 cent of statewide median family in4 come (or, in the case of a tract located 

5 within a metropolitan area, metropoli6 tan area median family income if 

7 greater). 

8 Subclause (II) shall be applied using 

9 possessionwide median family income in the 

10 case of census tracts located within a posses11 sion of the United States. 

12 ‘‘(ii) TARGETED POPULATIONS.—The 

13 Secretary shall prescribe regulations under 

14 which 1 or more targeted populations (with15 in the meaning of section 103(20) of the 

16 Riegle Community Development and Regu17 latory Improvement Act of 1994) may be 

18 treated as qualified low-income commu19 nities. 

20 ‘‘(iii) AREAS NOT WITHIN CENSUS

21 TRACTS.—In the case of an area which is 

22 not tracted for population census tracts, the 

23 equivalent county divisions (as defined by 

24 the Bureau of the Census for purposes of de25 fining poverty areas) shall be used for pur-
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1 poses of determining poverty rates and me2 dian family income. 

3 ‘‘(iv) MODIFICATION OF INCOME RE4 QUIREMENT FOR CENSUS TRACTS WITHIN

5 HIGH MIGRATION RURAL COUNTIES.— 

6 ‘‘(I) IN GENERAL.—In the case of 

7 a population census tract located with8 in a high migration rural county, 

9 clause (i)(II) shall be applied to areas 

10 not located within a metropolitan area 

11 by substituting ‘85 percent’ for ‘80 per12 cent’. 

13 ‘‘(II) HIGH MIGRATION RURAL

14 COUNTY.—For purposes of this clause, 

15 the term ‘high migration rural county’ 

16 means any county which, during the 

17 20-year period ending with the year in 

18 which the most recent census was con19 ducted, has a net out-migration of in20 habitants from the county of at least 

21 10 percent of the population of the 

22 county at the beginning of such pe23 riod.’’. 

24 (2) APPLICABLE NOMINATING JURISDICTION.— 

25 Section 1394(b)(3)(D), as redesignated by paragraph 
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1 (1), is amended by adding at the end the following 

2 new clause: 

3 ‘‘(iii) APPLICABLE NOMINATING JURIS4 DICTION.—The term ‘applicable nominating 

5 jurisdiction’ means, with respect to any em6 powerment zone or enterprise community, 

7 any local government that nominated such 

8 community for designation under section 

9 1391.’’. 

10 (d) CONFORMING AMENDMENTS.— 

11 (1) Section 1394(b)(3)(B)(iii) is amended by 

12 striking ‘‘or an enterprise community’’ and inserting 

13 ‘‘, an enterprise community, or a qualified low-in14 come community within an applicable nominating 

15 jurisdiction’’. 

16 (2) Section 1394(b)(3)(D), as redesignated by 

17 subsection (c)(1), is amended by striking ‘‘DEFINI18 TIONS’’ and inserting ‘‘OTHER DEFINITIONS’’. 

19 (e) EFFECTIVE DATES.— 

20 (1) EXTENSIONS.—The amendment made by sub21 section (a) shall apply to taxable years beginning 

22 after December 31, 2014. 

23 (2) MODIFICATIONS.—The amendments made by 

24 subsections (b), (c), and (d) shall apply to bonds 

25 issued after December 31, 2015. 
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1 SEC. 172. EXTENSION OF TEMPORARY INCREASE IN LIMIT 

2 ON COVER OVER OF RUM EXCISE TAXES TO 

3 PUERTO RICO AND THE VIRGIN ISLANDS. 

4 (a) IN GENERAL.—Section 7652(f)(1) is amended by 

5 striking ‘‘January 1, 2015’’ and inserting ‘‘January 1, 

6 2017’’. 

7 (b) EFFECTIVE DATE.—The amendment made by this 

8 section shall apply to distilled spirits brought into the 

9 United States after December 31, 2014. 

10 SEC. 173. EXTENSION OF AMERICAN SAMOA ECONOMIC DE11 VELOPMENT CREDIT. 

12 (a) IN GENERAL.—Section 119(d) of division A of the 

13 Tax Relief and Health Care Act of 2006 is amended— 

14 (1) by striking ‘‘January 1, 2015’’ each place it 

15 appears and inserting ‘‘January 1, 2017’’, 

16 (2) by striking ‘‘first 9 taxable years’’ in para17 graph (1) and inserting ‘‘first 11 taxable years’’, and 

18 (3) by striking ‘‘first 3 taxable years’’ in para19 graph (2) and inserting ‘‘first 5 taxable years’’. 

20 (b) EFFECTIVE DATE.—The amendments made by this 

21 section shall apply to taxable years beginning after Decem22 ber 31, 2014. 

23 SEC. 174. MORATORIUM ON MEDICAL DEVICE EXCISE TAX. 

24 (a) IN GENERAL.—Section 4191 is amended by adding 

25 at the end the following new subsection: 
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1 ‘‘(c) MORATORIUM.—The tax imposed under subsection 

2 (a) shall not apply to sales during the period beginning 

3 on January 1, 2016, and ending on December 31, 2017.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by this 

5 section shall apply to sales after December 31, 2015. 

6 PART 3—INCENTIVES FOR ENERGY PRODUCTION 

7 AND CONSERVATION 

8 SEC. 181. EXTENSION AND MODIFICATION OF CREDIT FOR 

9 NONBUSINESS ENERGY PROPERTY. 

10 (a) EXTENSION.—Section 25C(g)(2) is amended by 

11 striking ‘‘December 31, 2014’’ and inserting ‘‘December 31, 

12 2016’’. 

13 (b) UPDATED ENERGY STAR REQUIREMENTS.— 

14 (1) IN GENERAL.—Section 25C(c)(1) is amended 

15 by striking ‘‘which meets’’ and all that follows 

16 through ‘‘requirements)’’. 

17 (2) ENERGY EFFICIENT BUILDING ENVELOPE

18 COMPONENT.—Section 25C(c) is amended by redesig19 nating paragraphs (2) and (3) as paragraphs (3) and 

20 (4), respectively, and by inserting after paragraph (1) 

21 the following new paragraph: 

22 ‘‘(2) ENERGY EFFICIENT BUILDING ENVELOPE

23 COMPONENT.—The term ‘energy efficient building en24 velope component’ means a building envelope compo25 nent which meets— 
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1 ‘‘(A) applicable Energy Star program re2 quirements, in the case of a roof or roof products, 

3 ‘‘(B) version 6.0 Energy Star program re4 quirements, in the case of an exterior window, a 

5 skylight, or an exterior door, and 

6 ‘‘(C) the prescriptive criteria for such com7 ponent established by the 2009 International En8 ergy Conservation Code, as such Code (including 

9 supplements) is in effect on the date of the enact10 ment of the American Recovery and Reinvest11 ment Tax Act of 2009, in the case of any other 

12 component.’’. 

13 (c) EFFECTIVE DATES.— 

14 (1) EXTENSION.—The amendment made by sub15 section (a) shall apply to property placed in service 

16 after December 31, 2014. 

17 (2) MODIFICATION.—The amendments made by 

18 subsection (b) shall apply to property placed in serv19 ice after December 31, 2015. 

20 SEC. 182. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL 

21 VEHICLE REFUELING PROPERTY. 

22 (a) IN GENERAL.—Section 30C(g) is amended by 

23 striking ‘‘December 31, 2014’’ and inserting ‘‘December 31, 

24 2016’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by this 

2 section shall apply to property placed in service after De3 cember 31, 2014. 

4 SEC. 183. EXTENSION OF CREDIT FOR 2-WHEELED PLUG-IN 

5 ELECTRIC VEHICLES. 

6 (a) IN GENERAL.—Section 30D(g)(3)(E) is amended 

7 by striking ‘‘acquired’’ and all that follows and inserting 

8 the following: ‘‘acquired— 

9 ‘‘(i) after December 31, 2011, and be10 fore January 1, 2014, or 

11 ‘‘(ii) in the case of a vehicle that has 

12 2 wheels, after December 31, 2014, and be13 fore January 1, 2017.’’. 

14 (b) EFFECTIVE DATE.—The amendments made by this 

15 section shall apply to vehicles acquired after December 31, 

16 2014. 

17 SEC. 184. EXTENSION OF SECOND GENERATION BIOFUEL 

18 PRODUCER CREDIT. 

19 (a) IN GENERAL.—Section 40(b)(6)(J)(i) is amended 

20 by striking ‘‘January 1, 2015’’ and inserting ‘‘January 1, 

21 2017’’. 

22 (b) EFFECTIVE DATE.—The amendment made by this 

23 subsection shall apply to qualified second generation biofuel 

24 production after December 31, 2014. 
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1 SEC. 185. EXTENSION OF BIODIESEL AND RENEWABLE DIE2 SEL INCENTIVES. 

3 (a) INCOME TAX CREDIT.— 

4 (1) IN GENERAL.—Subsection (g) of section 40A 

5 is amended by striking ‘‘December 31, 2014’’ and in6 serting ‘‘December 31, 2016’’. 

7 (2) EFFECTIVE DATE.—The amendment made by 

8 this subsection shall apply to fuel sold or used after 

9 December 31, 2014. 

10 (b) EXCISE TAX INCENTIVES.— 

11 (1) IN GENERAL.—Section 6426(c)(6) is amend12 ed by striking ‘‘December 31, 2014’’ and inserting 

13 ‘‘December 31, 2016’’. 

14 (2) PAYMENTS.—Section 6427(e)(6)(B) is 

15 amended by striking ‘‘December 31, 2014’’ and insert16 ing ‘‘December 31, 2016’’. 

17 (3) EFFECTIVE DATE.—The amendments made 

18 by this subsection shall apply to fuel sold or used 

19 after December 31, 2014. 

20 (4) SPECIAL RULE FOR 2015.—Notwithstanding 

21 any other provision of law, in the case of any bio22 diesel mixture credit properly determined under sec23 tion 6426(c) of the Internal Revenue Code of 1986 for 

24 the period beginning on January 1, 2015, and ending 

25 on December 31, 2015, such credit shall be allowed, 

26 and any refund or payment attributable to such cred-
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1 it (including any payment under section 6427(e) of 

2 such Code) shall be made, only in such manner as the 

3 Secretary of the Treasury (or the Secretary’s delegate) 

4 shall provide. Such Secretary shall issue guidance 

5 within 30 days after the date of the enactment of this 

6 Act providing for a one-time submission of claims 

7 covering periods described in the preceding sentence. 

8 Such guidance shall provide for a 180-day period for 

9 the submission of such claims (in such manner as 

10 prescribed by such Secretary) to begin not later than 

11 30 days after such guidance is issued. Such claims 

12 shall be paid by such Secretary not later than 60 

13 days after receipt. If such Secretary has not paid 

14 pursuant to a claim filed under this subsection within 

15 60 days after the date of the filing of such claim, the 

16 claim shall be paid with interest from such date de17 termined by using the overpayment rate and method 

18 under section 6621 of such Code. 

19 SEC. 186. EXTENSION AND MODIFICATION OF PRODUCTION 

20 CREDIT FOR INDIAN COAL FACILITIES. 

21 (a) IN GENERAL.—Section 45(e)(10)(A) is amended by 

22 striking ‘‘9-year period’’ each place it appears and insert23 ing ‘‘11-year period’’. 
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1 (b) REPEAL OF LIMITATION BASED ON DATE FACILITY

2 IS PLACED IN SERVICE.—Section 45(d)(10) is amended to 

3 read as follows: 

4 ‘‘(10) INDIAN COAL PRODUCTION FACILITY.—The 

5 term ‘Indian coal production facility’ means a facil6 ity that produces Indian coal.’’. 

7 (c) TREATMENT OF SALES TO RELATED PARTIES.— 

8 Section 45(e)(10)(A)(ii)(I) is amended by inserting ‘‘(either 

9 directly by the taxpayer or after sale or transfer to one or 

10 more related persons)’’ after ‘‘unrelated person’’. 

11 (d) CREDIT ALLOWED AGAINST ALTERNATIVE MIN12 IMUM TAX.— 

13 (1) IN GENERAL.—Section 38(c)(4)(B), as 

14 amended by the preceding provisions of this Act, is 

15 amended by redesignating clauses (v) through (x) as 

16 clauses (vi) through (xi), respectively, and by insert17 ing after clause (iv) the following new clause: 

18 ‘‘(v) the credit determined under sec19 tion 45 to the extent that such credit is at20 tributable to section 45(e)(10) (relating to 

21 Indian coal production facilities),’’. 

22 (2) CONFORMING AMENDMENT.—Section 

23 45(e)(10) is amended by striking subparagraph (D). 

24 (e) EFFECTIVE DATES.— 
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1 (1) EXTENSION.—The amendments made by sub2 section (a) shall apply to coal produced after Decem3 ber 31, 2014. 

4 (2) MODIFICATIONS.—The amendments made by 

5 subsections (b) and (c) shall apply to coal produced 

6 and sold after December 31, 2015, in taxable years 

7 ending after such date. 

8 (3) CREDIT ALLOWED AGAINST ALTERNATIVE

9 MINIMUM TAX.—The amendments made by subsection 

10 (d) shall apply to credits determined for taxable years 

11 beginning after December 31, 2015. 

12 SEC. 187. EXTENSION OF CREDITS WITH RESPECT TO FA13 CILITIES PRODUCING ENERGY FROM CER14 TAIN RENEWABLE RESOURCES. 

15 (a) IN GENERAL.—The following provisions of section 

16 45(d) are each amended by striking ‘‘January 1, 2015’’ 

17 each place it appears and inserting ‘‘January 1, 2017’’: 

18 (1) Paragraph (2)(A). 

19 (2) Paragraph (3)(A). 

20 (3) Paragraph (4)(B). 

21 (4) Paragraph (6). 

22 (5) Paragraph (7). 

23 (6) Paragraph (9). 

24 (7) Paragraph (11)(B). 
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1 (b) EXTENSION OF ELECTION TO TREAT QUALIFIED

2 FACILITIES AS ENERGY PROPERTY.—Section 

3 48(a)(5)(C)(ii) is amended by striking ‘‘January 1, 2015’’ 

4 and inserting ‘‘January 1, 2017’’. 

5 (c) EFFECTIVE DATES.—The amendments made by 

6 this section shall take effect on January 1, 2015. 

7 SEC. 188. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT 

8 NEW HOMES. 

9 (a) IN GENERAL.—Section 45L(g) is amended by 

10 striking ‘‘December 31, 2014’’ and inserting ‘‘December 31, 

11 2016’’. 

12 (b) EFFECTIVE DATE.—The amendment made by this 

13 section shall apply to homes acquired after December 31, 

14 2014. 

15 SEC. 189. EXTENSION OF SPECIAL ALLOWANCE FOR SEC16 OND GENERATION BIOFUEL PLANT PROP17 ERTY. 

18 (a) IN GENERAL.—Section 168(l)(2)(D) is amended by 

19 striking ‘‘January 1, 2015’’ and inserting ‘‘January 1, 

20 2017’’. 

21 (b) EFFECTIVE DATE.—The amendment made by this 

22 section shall apply to property placed in service after De23 cember 31, 2014. 
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1 SEC. 190. EXTENSION OF ENERGY EFFICIENT COMMERCIAL 

2 BUILDINGS DEDUCTION. 

3 (a) IN GENERAL.—Section 179D(h) is amended by 

4 striking ‘‘December 31, 2014’’ and inserting ‘‘December 31, 

5 2016’’. 

6 (b) EFFECTIVE DATE.—The amendment made by sub7 section (a) shall apply to property placed in service after 

8 December 31, 2014. 

9 SEC. 191. EXTENSION OF SPECIAL RULE FOR SALES OR DIS10 POSITIONS TO IMPLEMENT FERC OR STATE 

11 ELECTRIC RESTRUCTURING POLICY FOR 

12 QUALIFIED ELECTRIC UTILITIES. 

13 (a) IN GENERAL.—Section 451(i)(3) is amended by 

14 striking ‘‘January 1, 2015’’ and inserting ‘‘January 1, 

15 2017’’. 

16 (b) EFFECTIVE DATE.—The amendment made by this 

17 section shall apply to dispositions after December 31, 2014. 

18 SEC. 192. EXTENSION OF EXCISE TAX CREDITS RELATING 

19 TO ALTERNATIVE FUELS. 

20 (a) EXTENSION OF ALTERNATIVE FUELS EXCISE TAX

21 CREDITS.— 

22 (1) IN GENERAL.—Sections 6426(d)(5) and 

23 6426(e)(3) are each amended by striking ‘‘December 

24 31, 2014’’ and inserting ‘‘December 31, 2016’’. 

25 (2) OUTLAY PAYMENTS FOR ALTERNATIVE

26 FUELS.—Section 6427(e)(6)(C) is amended by strik-
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1 ing ‘‘December 31, 2014’’ and inserting ‘‘December 

2 31, 2016’’. 

3 (b) EFFECTIVE DATE.—The amendments made by this 

4 section shall apply to fuel sold or used after December 31, 

5 2014. 

6 (c) SPECIAL RULE FOR 2015.—Notwithstanding any 

7 other provision of law, in the case of any alternative fuel 

8 credit properly determined under section 6426(d) of the In9 ternal Revenue Code of 1986 for the period beginning on 

10 January 1, 2015, and ending on December 31, 2015, such 

11 credit shall be allowed, and any refund or payment attrib12 utable to such credit (including any payment under section 

13 6427(e) of such Code) shall be made, only in such manner 

14 as the Secretary of the Treasury (or the Secretary’s dele15 gate) shall provide. Such Secretary shall issue guidance 

16 within 30 days after the date of the enactment of this Act 

17 providing for a one-time submission of claims covering pe18 riods described in the preceding sentence. Such guidance 

19 shall provide for a 180-day period for the submission of 

20 such claims (in such manner as prescribed by such Sec21 retary) to begin not later than 30 days after such guidance 

22 is issued. Such claims shall be paid by such Secretary not 

23 later than 60 days after receipt. If such Secretary has not 

24 paid pursuant to a claim filed under this subsection within 

25 60 days after the date of the filing of such claim, the claim 
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1 shall be paid with interest from such date determined by 

2 using the overpayment rate and method under section 6621 

3 of such Code. 

4 SEC. 193. EXTENSION OF CREDIT FOR NEW QUALIFIED 

5 FUEL CELL MOTOR VEHICLES. 

6 (a) IN GENERAL.—Section 30B(k)(1) is amended by 

7 striking ‘‘December 31, 2014’’ and inserting ‘‘December 31, 

8 2016’’. 

9 (b) EFFECTIVE DATE.—The amendment made by this 

10 section shall apply to property purchased after December 

11 31, 2014. 

12 TITLE II—PROGRAM INTEGRITY 

13 SEC. 201. MODIFICATION OF FILING DATES OF RETURNS 

14 AND STATEMENTS RELATING TO EMPLOYEE 

15 WAGE INFORMATION AND NONEMPLOYEE 

16 COMPENSATION TO IMPROVE COMPLIANCE. 

17 (a) IN GENERAL.—Section 6071 is amended by redes18 ignating subsection (c) as subsection (d), and by inserting 

19 after subsection (b) the following new subsection: 

20 ‘‘(c) RETURNS AND STATEMENTS RELATING TO EM21 PLOYEE WAGE INFORMATION AND NONEMPLOYEE COM22 PENSATION.—Forms W–2 and W–3 and any returns or 

23 statements required by the Secretary to report nonemployee 

24 compensation shall be filed on or before January 31 of the 
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1 year following the calendar year to which such returns re2 late.’’. 

3 (b) DATE FOR CERTAIN REFUNDS.—Section 6402 is 

4 amended by adding at the end the following new subsection: 

5 ‘‘(m) EARLIEST DATE FOR CERTAIN REFUNDS.—No 

6 credit or refund of an overpayment for a taxable year shall 

7 be made to a taxpayer before the 15th day of the second 

8 month following the close of such taxable year if a credit 

9 is allowed to such taxpayer under section 24 (by reason of 

10 subsection (d) thereof) or 32 for such taxable year.’’. 

11 (c) CONFORMING AMENDMENT.—Section 6071(b) is 

12 amended by striking ‘‘subparts B and C of part III of this 

13 subchapter’’ and inserting ‘‘subpart B of part III of this 

14 subchapter (other than returns and statements required to 

15 be filed with respect to nonemployee compensation)’’. 

16 (d) EFFECTIVE DATES.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the amendments made by this section shall 

19 apply to returns and statements relating to calendar 

20 years beginning after the date of the enactment of this 

21 Act. 

22 (2) DATE FOR CERTAIN REFUNDS.—The amend23 ment made by subsection (b) shall apply to credits or 

24 refunds made after December 31, 2016. 
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1 SEC. 202. SAFE HARBOR FOR DE MINIMIS ERRORS ON IN2 FORMATION RETURNS AND PAYEE STATE3 MENTS. 

4 (a) IN GENERAL.—Section 6721(c) is amended by add5 ing at the end the following new paragraph: 

6 ‘‘(3) SAFE HARBOR FOR CERTAIN DE MINIMIS

7 ERRORS.— 

8 ‘‘(A) IN GENERAL.—If, with respect to an 

9 information return filed with the Secretary— 

10 ‘‘(i) there are 1 or more failures de11 scribed in subsection (a)(2)(B) relating to 

12 an incorrect dollar amount, 

13 ‘‘(ii) no single amount in error differs 

14 from the correct amount by more than $100, 

15 and 

16 ‘‘(iii) no single amount reported for 

17 tax withheld on any information return dif18 fers from the correct amount by more than 

19 $25, 

20 then no correction shall be required and, for pur21 poses of this section, such return shall be treated 

22 as having been filed with all of the correct re23 quired information. 

24 ‘‘(B) EXCEPTION.—Subparagraph (A) shall 

25 not apply with respect to any incorrect dollar 

26 amount to the extent that such error relates to an 
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1 amount with respect to which an election is 

2 made under section 6722(c)(3)(B). 

3 ‘‘(C) REGULATORY AUTHORITY.—The Sec4 retary may issue regulations to prevent the abuse 

5 of the safe harbor under this paragraph, includ6 ing regulations providing that this paragraph 

7 shall not apply to the extent necessary to prevent 

8 any such abuse.’’. 

9 (b) FAILURE TO FURNISH CORRECT PAYEE STATE10 MENT.—Section 6722(c) is amended by adding at the end 

11 the following new paragraph: 

12 ‘‘(3) SAFE HARBOR FOR CERTAIN DE MINIMIS

13 ERRORS.— 

14 ‘‘(A) IN GENERAL.—If, with respect to any 

15 payee statement— 

16 ‘‘(i) there are 1 or more failures de17 scribed in subsection (a)(2)(B) relating to 

18 an incorrect dollar amount, 

19 ‘‘(ii) no single amount in error differs 

20 from the correct amount by more than $100, 

21 and 

22 ‘‘(iii) no single amount reported for 

23 tax withheld on any information return dif24 fers from the correct amount by more than 

25 $25, 
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1 then no correction shall be required and, for pur2 poses of this section, such statement shall be 

3 treated as having been filed with all of the cor4 rect required information. 

5 ‘‘(B) EXCEPTION.—Subparagraph (A) shall 

6 not apply to any payee statement if the person 

7 to whom such statement is required to be fur8 nished makes an election (at such time and in 

9 such manner as the Secretary may prescribe) 

10 that subparagraph (A) not apply with respect to 

11 such statement. 

12 ‘‘(C) REGULATORY AUTHORITY.—The Sec13 retary may issue regulations to prevent the abuse 

14 of the safe harbor under this paragraph, includ15 ing regulations providing that this paragraph 

16 shall not apply to the extent necessary to prevent 

17 any such abuse.’’. 

18 (c) APPLICATION TO BROKER REPORTING OF BASIS.— 

19 Section 6045(g)(2)(B) is amended by adding at the end the 

20 following new clause: 

21 ‘‘(iii) TREATMENT OF UNCORRECTED

22 DE MINIMIS ERRORS.—Except as otherwise 

23 provided by the Secretary, the customer’s 

24 adjusted basis shall be determined by treat25 ing any incorrect dollar amount which is 
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1 not required to be corrected by reason of sec2 tion 6721(c)(3) or section 6722(c)(3) as the 

3 correct amount.’’. 

4 (d) CONFORMING AMENDMENTS.— 

5 (1) Section 6721(c) is amended by striking ‘‘EX6 CEPTION FOR DE MINIMIS FAILURES TO INCLUDE

7 ALL REQUIRED INFORMATION’’ in the heading and 

8 inserting ‘‘EXCEPTIONS FOR CERTAIN DE MINIMIS

9 FAILURES’’. 

10 (2) Section 6721(c)(1) is amended by striking 

11 ‘‘IN GENERAL’’ in the heading and inserting ‘‘EXCEP12 TION FOR DE MINIMIS FAILURE TO INCLUDE ALL RE13 QUIRED INFORMATION’’. 

14 (e) EFFECTIVE DATE.—The amendments made by this 

15 section shall apply to returns required to be filed, and payee 

16 statements required to be provided, after December 31, 2016. 

17 SEC. 203. REQUIREMENTS FOR THE ISSUANCE OF ITINS. 

18 (a) IN GENERAL.—Section 6109 is amended by adding 

19 at the end the following new subsection: 

20 ‘‘(i) SPECIAL RULES RELATING TO THE ISSUANCE OF

21 ITINS.— 

22 ‘‘(1) IN GENERAL.—The Secretary is authorized 

23 to issue an individual taxpayer identification number 

24 to an individual only if the applicant submits an ap-
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1 plication, using such form as the Secretary may re2 quire and including the required documentation— 

3 ‘‘(A) in the case of an applicant not de4 scribed in subparagraph (B)— 

5 ‘‘(i) in person to an employee of the 

6 Internal Revenue Service or a community7 based certified acceptance agent approved 

8 by the Secretary, or 

9 ‘‘(ii) by mail, pursuant to rules pre10 scribed by the Secretary, or 

11 ‘‘(B) in the case of an applicant who resides 

12 outside of the United States, by mail or in per13 son to an employee of the Internal Revenue Serv14 ice or a designee of the Secretary at a United 

15 States diplomatic mission or consular post. 

16 ‘‘(2) REQUIRED DOCUMENTATION.—For purposes 

17 of this subsection— 

18 ‘‘(A) IN GENERAL.—The term ‘required doc19 umentation’ includes such documentation as the 

20 Secretary may require that proves the individ21 ual’s identity, foreign status, and residency. 

22 ‘‘(B) VALIDITY OF DOCUMENTS.—The Sec23 retary may accept only original documents or 

24 certified copies meeting the requirements of the 

25 Secretary. 
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1 ‘‘(3) TERM OF ITIN.— 

2 ‘‘(A) IN GENERAL.—An individual taxpayer 

3 identification number issued after December 31, 

4 2012, shall remain in effect unless the individual 

5 to whom such number is issued does not file a 

6 return of tax (or is not included as a dependent 

7 on the return of tax of another taxpayer) for 3 

8 consecutive taxable years. In the case of an indi9 vidual described in the preceding sentence, such 

10 number shall expire on the last day of such third 

11 consecutive taxable year. 

12 ‘‘(B) SPECIAL RULE FOR EXISTING ITINS.— 

13 In the case of an individual with respect to 

14 whom an individual taxpayer identification 

15 number was issued before January 1, 2013, such 

16 number shall remain in effect until the earlier 

17 of— 

18 ‘‘(i) the applicable date, or 

19 ‘‘(ii) if the individual does not file a 

20 return of tax (or is not included as a de21 pendent on the return of tax of another tax22 payer) for 3 consecutive taxable years, the 

23 earlier of— 

24 ‘‘(I) the last day of such third 

25 consecutive taxable year, or 
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1 ‘‘(II) the last day of the taxable 

2 year that includes the date of the en3 actment of this subsection. 

4 ‘‘(C) APPLICABLE DATE.—For purposes of 

5 subparagraph (B), the term ‘applicable date’ 

6 means— 

7 ‘‘(i) January 1, 2017, in the case of an 

8 individual taxpayer identification number 

9 issued before January 1, 2008, 

10 ‘‘(ii) January 1, 2018, in the case of 

11 an individual taxpayer identification num12 ber issued in 2008, 

13 ‘‘(iii) January 1, 2019, in the case of 

14 an individual taxpayer identification num15 ber issued in 2009 or 2010, and 

16 ‘‘(iv) January 1, 2020, in the case of 

17 an individual taxpayer identification num18 ber issued in 2011 or 2012. 

19 ‘‘(4) DISTINGUISHING ITINS ISSUED SOLELY FOR

20 PURPOSES OF TREATY BENEFITS.—The Secretary 

21 shall implement a system that ensures that individual 

22 taxpayer identification numbers issued solely for pur23 poses of claiming tax treaty benefits are used only for 

24 such purposes, by distinguishing such numbers from 
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1 other individual taxpayer identification numbers 

2 issued.’’. 

3 (b) AUDIT BY TIGTA.—Not later than 2 years after 

4 the date of the enactment of this Act, and every 2 years 

5 thereafter, the Treasury Inspector General for Tax Adminis6 tration shall conduct an audit of the program of the Inter7 nal Revenue Service for the issuance of individual taxpayer 

8 identification numbers pursuant to section 6109(i) of the 

9 Internal Revenue Code of 1986 (as added by this section) 

10 and report the results of such audit to the Committee on 

11 Finance of the Senate and the Committee on the Ways and 

12 Means of the House of Representatives. 

13 (c) COMMUNITY-BASED CERTIFIED ACCEPTANCE

14 AGENTS.—The Secretary of the Treasury, or the Secretary’s 

15 delegate, shall maintain a program for training and ap16 proving community-based certified acceptance agents for 

17 purposes of section 6109(i)(1)(A)(i) of the Internal Revenue 

18 Code of 1986 (as added by this section). Persons eligible 

19 to be acceptance agents under such program include— 

20 (1) financial institutions (as defined in section 

21 265(b)(5) of such Code and the regulations there22 under), 

23 (2) colleges and universities which are described 

24 in section 501(c)(3) of such Code and exempt from 

25 taxation under section 501(a) of such Code, 
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1 (3) Federal agencies (as defined in section 

2 6402(h) of such Code), 

3 (4) State and local governments, including agen4 cies responsible for vital records, 

5 (5) community-based organizations which are 

6 described in subsection (c)(3) or (d) of section 501 of 

7 such Code and exempt from taxation under section 

8 501(a) of such Code, 

9 (6) persons that provide assistance to taxpayers 

10 in the preparation of their tax returns, and 

11 (7) other persons or categories of persons as au12 thorized by regulations or other guidance of the Sec13 retary of the Treasury. 

14 (d) ITIN STUDY.— 

15 (1) IN GENERAL.—The Secretary of the Treas16 ury, or the Secretary’s delegate, shall conduct a study 

17 on the effectiveness of the application process for indi18 vidual taxpayer identification numbers before the im19 plementation of the amendments made by this section, 

20 the effects of the amendments made by this section on 

21 such application process, the comparative effectiveness 

22 of an in-person review process for application versus 

23 other methods of reducing fraud in the ITIN program 

24 and improper payments to ITIN holders as a result, 
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1 and possible administrative and legislative rec2 ommendations to improve such process. 

3 (2) SPECIFIC REQUIREMENTS.—Such study shall 

4 include an evaluation of the following: 

5 (A) Possible administrative and legislative 

6 recommendations to reduce fraud and improper 

7 payments through the use of individual taxpayer 

8 identification numbers (hereinafter referred to as 

9 ‘‘ITINs’’). 

10 (B) If data supports an in-person initial 

11 review of ITIN applications to reduce fraud and 

12 improper payments, the administrative and leg13 islative steps needed to implement such an in14 person initial review of ITIN applications, in 

15 conjunction with an expansion of the commu16 nity-based certified acceptance agent program 

17 under subsection (c), with a goal of transitioning 

18 to such a program by 2020. 

19 (C) Strategies for more efficient processing 

20 of ITIN applications. 

21 (D) The acceptance agent program as in ex22 istence on the date of the enactment of this Act 

23 and ways to expand the geographic availability 

24 of agents through the community-based certified 

25 acceptance agent program under subsection (c). 
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1 (E) Strategies for the Internal Revenue 

2 Service to work with other Federal agencies, 

3 State and local governments, and other organiza4 tions and persons described in subsection (c) to 

5 encourage participation in the community-based 

6 certified acceptance agent program under sub7 section (c) to facilitate in-person initial review 

8 of ITIN applications. 

9 (F) Typical characteristics (derived from 

10 Form W–7 and other sources) of mail applica11 tions for ITINs as compared with typical char12 acteristics of in-person applications. 

13 (G) Typical characteristics (derived from 17 

14 Form W–7 and other sources) of ITIN applica15 tions before the Internal Revenue Service revised 

16 its application procedures in 2012 as compared 

17 with typical characteristics of ITIN applications 

18 made after such revisions went into effect. 

19 (3) REPORT.—The Secretary, or the Secretary’s 

20 delegate, shall submit to the Committee on Finance of 

21 the Senate and the Committee on Ways and Means of 

22 the House of Representatives a report detailing the 

23 study under paragraph (1) and its findings not later 

24 than 1 year after the date of the enactment of this 

25 Act. 
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1 (4) ADMINISTRATIVE STEPS.—The Secretary of 

2 the Treasury shall implement any administrative 

3 steps identified by the report under paragraph (3) not 

4 later than 180 days after submitting such report. 

5 (e) MATHEMATICAL OR CLERICAL ERROR AUTHOR6 ITY.—Paragraph (2) of section 6213(g) of the Internal Rev7 enue Code of 1986 is amended by striking ‘‘and’’ at the 

8 end of subparagraph (M), by striking the period at the end 

9 of subparagraph (N) and inserting ‘‘, and’’, and by insert10 ing after subparagraph (N) the following new subpara11 graph: 

12 ‘‘(O) the inclusion on a return of an indi13 vidual taxpayer identification number issued 

14 under section 6109(i) which has expired, been re15 voked by the Secretary, or is otherwise invalid.’’. 

16 (f) EFFECTIVE DATE.—The amendments made by this 

17 section shall apply to applications for individual taxpayer 

18 identification numbers made after the date of the enactment 

19 of this Act. 

20 SEC. 204. PREVENTION OF RETROACTIVE CLAIMS OF 

21 EARNED INCOME CREDIT AFTER ISSUANCE 

22 OF SOCIAL SECURITY NUMBER. 

23 (a) IN GENERAL.—Section 32(m) is amended by in24 serting ‘‘on or before the due date for filing the return for 

25 the taxable year’’ before the period at the end. 
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1 (b) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the amendment made by this section shall 

4 apply to any return of tax, and any amendment or 

5 supplement to any return of tax, which is filed after 

6 the date of the enactment of this Act. 

7 (2) EXCEPTION FOR TIMELY-FILED 2015 RE8 TURNS.—The amendment made by this section shall 

9 not apply to any return of tax (other than an amend10 ment or supplement to any return of tax) for any 

11 taxable year which includes the date of the enactment 

12 of this Act if such return is filed on or before the due 

13 date for such return of tax. 

14 SEC. 205. PREVENTION OF RETROACTIVE CLAIMS OF CHILD 

15 TAX CREDIT. 

16 (a) QUALIFYING CHILD IDENTIFICATION REQUIRE17 MENT.—Section 24(e) is amended by inserting ‘‘and such 

18 taxpayer identification number was issued on or before the 

19 due date for filing such return’’ before the period at the end. 

20 (b) TAXPAYER IDENTIFICATION REQUIREMENT.—Sec21 tion 24(e), as amended by subsection (a) is amended— 

22 (1) by striking ‘‘IDENTIFICATION REQUIRE23 MENT.—No credit shall be allowed’’ and inserting the 

24 following: ‘‘IDENTIFICATION REQUIREMENTS.— 
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1 ‘‘(1) QUALIFYING CHILD IDENTIFICATION RE2 QUIREMENT.—No credit shall be allowed’’, and 

3 (2) by adding at the end the following new para4 graph: 

5 ‘‘(2) TAXPAYER IDENTIFICATION REQUIRE6 MENT.—No credit shall be allowed under this section 

7 if the identifying number of the taxpayer was issued 

8 after the due date for filing the return for the taxable 

9 year.’’. 

10 (c) EFFECTIVE DATE.— 

11 (1) IN GENERAL.—The amendments made by 

12 this section shall apply to any return of tax, and any 

13 amendment or supplement to any return of tax, 

14 which is filed after the date of the enactment of this 

15 Act. 

16 (2) EXCEPTION FOR TIMELY-FILED 2015 RE17 TURNS.—The amendments made by this section shall 

18 not apply to any return of tax (other than an amend19 ment or supplement to any return of tax) for any 

20 taxable year which includes the date of the enactment 

21 of this Act if such return is filed on or before the due 

22 date for such return of tax. 

23 SEC. 206. PREVENTION OF RETROACTIVE CLAIMS OF AMER24 ICAN OPPORTUNITY TAX CREDIT. 

25 (a) IN GENERAL.—Section 25A(i) is amended— 
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1 (1) by striking paragraph (6), and 

2 (2) by inserting after paragraph (5) the fol3 lowing new paragraph: 

4 ‘‘(6) IDENTIFICATION NUMBERS.— 

5 ‘‘(A) STUDENT.—The requirements of sub6 section (g)(1) shall not be treated as met with re7 spect to the Hope Scholarship Credit unless the 

8 individual’s taxpayer identification number was 

9 issued on or before the due date for filing the re10 turn of tax for the taxable year. 

11 ‘‘(B) TAXPAYER.—No Hope Scholarship 

12 Credit shall be allowed under this section if the 

13 identifying number of the taxpayer was issued 

14 after the due date for filing the return for the 

15 taxable year.’’. 

16 (b) EFFECTIVE DATES.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the amendment made by subsection (a)(2) 

19 shall apply to any return of tax, and any amendment 

20 or supplement to any return of tax, which is filed 

21 after the date of the enactment of this Act. 

22 (2) EXCEPTION FOR TIMELY-FILED 2015 RE23 TURNS.—The amendment made by subsection (a)(2) 

24 shall not apply to any return of tax (other than an 

25 amendment or supplement to any return of tax) for 
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1 any taxable year which includes the date of the enact2 ment of this Act if such return is filed on or before 

3 the due date for such return of tax. 

4 (3) REPEAL OF DEADWOOD.—The amendment 

5 made by subsection (a)(1) shall take effect on the date 

6 of the enactment of this Act. 

7 SEC. 207. PROCEDURES TO REDUCE IMPROPER CLAIMS. 

8 (a) DUE DILIGENCE REQUIREMENTS.—Section 

9 6695(g) is amended— 

10 (1) by striking ‘‘section 32’’and inserting ‘‘sec11 tion 24, 25A(a)(1), or 32’’, and 

12 (2) in the heading by inserting ‘‘CHILD TAX

13 CREDIT; AMERICAN OPPORTUNITY TAX CREDIT; AND’’ 

14 before ‘‘EARNED INCOME CREDIT’’. 

15 (b) RETURN PREPARER DUE DILIGENCE STUDY.— 

16 (1) IN GENERAL.—The Secretary of the Treas17 ury, or his delegate, shall conduct a study of the effec18 tiveness of tax return preparer due diligence require19 ments for claiming the earned income tax credit 

20 under section 32 of the Internal Revenue Code of 

21 1986, the child tax credit under section 24 of such 

22 Code, and the American opportunity tax credit under 

23 section 25A(i) of such Code. 

24 (2) REQUIREMENTS.—Such study shall include 

25 an evaluation of the following: 
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1 (A) The effectiveness of the questions cur2 rently asked as part of the due-diligence require3 ment with respect to minimizing error and 

4 fraud. 

5 (B) Whether all such questions are nec6 essary and support improved compliance. 

7 (C) The comparative effectiveness of such 

8 questions relative to other means of determining 

9 (i) eligibility for these tax credits and (ii) the 

10 correct amount of tax credit. 

11 (D) Whether due diligence of this type 

12 should apply to other methods of tax filing and 

13 whether such requirements should vary based on 

14 the methods to increase effectiveness. 

15 (E) The effectiveness of the preparer penalty 

16 under section 6695(g) in enforcing the due dili17 gence requirements. 

18 (3) REPORT.—The Secretary, or his delegate, 

19 shall submit to the Committee on Ways and Means of 

20 the House of Representatives and the Committee on 

21 Finance of the Senate a report detailing the study 

22 and its findings— 

23 (A) in the case of the portion of the study 

24 that relates to the earned income tax credit, not 
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1 later than 1 year after the date of enactment of 

2 this Act, and 

3 (B) in the case of the portions of the study 

4 that relate to the child tax credit and the Amer5 ican opportunity tax credit, not later than 2 

6 years after the date of the enactment of this Act. 

7 (c) EFFECTIVE DATE.—The amendment made by this 

8 section shall apply to taxable years beginning after Decem9 ber 31, 2015. 

10 SEC. 208. RESTRICTIONS ON TAXPAYERS WHO IMPROPERLY 

11 CLAIMED CREDITS IN PRIOR YEAR. 

12 (a) RESTRICTIONS.— 

13 (1) CHILD TAX CREDIT.—Section 24 is amended 

14 by adding at the end the following new subsection: 

15 ‘‘(g) RESTRICTIONS ON TAXPAYERS WHO IMPROPERLY

16 CLAIMED CREDIT IN PRIOR YEAR.— 

17 ‘‘(1) TAXPAYERS MAKING PRIOR FRAUDULENT OR

18 RECKLESS CLAIMS.— 

19 ‘‘(A) IN GENERAL.—No credit shall be al20 lowed under this section for any taxable year in 

21 the disallowance period. 

22 ‘‘(B) DISALLOWANCE PERIOD.—For pur23 poses of subparagraph (A), the disallowance pe24 riod is— 
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1 ‘‘(i) the period of 10 taxable years after 

2 the most recent taxable year for which there 

3 was a final determination that the tax4 payer’s claim of credit under this section 

5 was due to fraud, and 

6 ‘‘(ii) the period of 2 taxable years after 

7 the most recent taxable year for which there 

8 was a final determination that the tax9 payer’s claim of credit under this section 

10 was due to reckless or intentional disregard 

11 of rules and regulations (but not due to 

12 fraud). 

13 ‘‘(2) TAXPAYERS MAKING IMPROPER PRIOR

14 CLAIMS.—In the case of a taxpayer who is denied 

15 credit under this section for any taxable year as a re16 sult of the deficiency procedures under subchapter B 

17 of chapter 63, no credit shall be allowed under this 

18 section for any subsequent taxable year unless the tax19 payer provides such information as the Secretary 

20 may require to demonstrate eligibility for such cred21 it.’’. 

22 (2) AMERICAN OPPORTUNITY TAX CREDIT.—Sec23 tion 25A(i), as amended by the preceding provisions 

24 of this Act, is amended by adding at the end the fol25 lowing new paragraph: 
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1 ‘‘(7) RESTRICTIONS ON TAXPAYERS WHO IMPROP2 ERLY CLAIMED CREDIT IN PRIOR YEAR.— 

3 ‘‘(A) TAXPAYERS MAKING PRIOR FRAUDU4 LENT OR RECKLESS CLAIMS.— 

5 ‘‘(i) IN GENERAL.—No credit shall be 

6 allowed under this section for any taxable 

7 year in the disallowance period. 

8 ‘‘(ii) DISALLOWANCE PERIOD.—For 

9 purposes of clause (i), the disallowance pe10 riod is— 

11 ‘‘(I) the period of 10 taxable years 

12 after the most recent taxable year for 

13 which there was a final determination 

14 that the taxpayer’s claim of credit 

15 under this section was due to fraud, 

16 and 

17 ‘‘(II) the period of 2 taxable years 

18 after the most recent taxable year for 

19 which there was a final determination 

20 that the taxpayer’s claim of credit 

21 under this section was due to reckless 

22 or intentional disregard of rules and 

23 regulations (but not due to fraud). 

24 ‘‘(B) TAXPAYERS MAKING IMPROPER PRIOR

25 CLAIMS.—In the case of a taxpayer who is de-
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1 nied credit under this section for any taxable 

2 year as a result of the deficiency procedures 

3 under subchapter B of chapter 63, no credit shall 

4 be allowed under this section for any subsequent 

5 taxable year unless the taxpayer provides such 

6 information as the Secretary may require to 

7 demonstrate eligibility for such credit.’’. 

8 (b) MATH ERROR AUTHORITY.— 

9 (1) EARNED INCOME TAX CREDIT.—Section 

10 6213(g)(2)(K) is amended by inserting before the 

11 comma at the end the following: ‘‘or an entry on the 

12 return claiming the credit under section 32 for a tax13 able year for which the credit is disallowed under sub14 section (k)(1) thereof’’. 

15 (2) AMERICAN OPPORTUNITY TAX CREDIT AND

16 CHILD TAX CREDIT.—Section 6213(g)(2), as amended 

17 by the preceding provisions of this Act, is amended by 

18 striking ‘‘and’’ at the end of subparagraph (N), by 

19 striking the period at the end of subparagraph (O), 

20 and by inserting after subparagraph (O) the following 

21 new subparagraphs: 

22 ‘‘(P) an omission of information required 

23 by section 24(h)(2) or an entry on the return 

24 claiming the credit under section 24 for a tax-
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1 able year for which the credit is disallowed 

2 under subsection (h)(1) thereof, and 

3 ‘‘(Q) an omission of information required 

4 by section 25A(i)(8)(B) or an entry on the re5 turn claiming the credit determined under sec6 tion 25A(i) for a taxable year for which the cred7 it is disallowed under paragraph (8)(A) there8 of.’’. 

9 (c) EFFECTIVE DATE.—The amendments made by this 

10 section shall apply to taxable years beginning after Decem11 ber 31, 2015. 

12 SEC. 209. TREATMENT OF CREDITS FOR PURPOSES OF CER13 TAIN PENALTIES. 

14 (a) APPLICATION OF UNDERPAYMENT PENALTIES.— 

15 Section 6664(a) is amended by adding at the end the fol16 lowing: ‘‘A rule similar to the rule of section 6211(b)(4) 

17 shall apply for purposes of this subsection.’’. 

18 (b) PENALTY FOR ERRONEOUS CLAIM OF CREDIT

19 MADE APPLICABLE TO EARNED INCOME CREDIT.—Section 

20 6676(a) is amended by striking ‘‘(other than a claim for 

21 a refund or credit relating to the earned income credit 

22 under section 32)’’. 

23 (c) REASONABLE CAUSE EXCEPTION FOR ERRONEOUS

24 CLAIM FOR REFUND OR CREDIT.— 
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1 (1) IN GENERAL.—Section 6676(a) is amended 

2 by striking ‘‘has a reasonable basis’’ and inserting ‘‘is 

3 due to reasonable cause’’. 

4 (2) NONECONOMIC SUBSTANCE TRANSACTIONS.— 

5 Section 6676(c) is amended by striking ‘‘having a 

6 reasonable basis’’ and inserting ‘‘due to reasonable 

7 cause’’. 

8 (d) EFFECTIVE DATES.— 

9 (1) UNDERPAYMENT PENALTIES.—The amend10 ment made by subsection (a) shall apply to— 

11 (A) returns filed after the date of the enact12 ment of this Act, and 

13 (B) returns filed on or before such date if 

14 the period specified in section 6501 of the Inter15 nal Revenue Code of 1986 for assessment of the 

16 taxes with respect to which such return relates 

17 has not expired as of such date. 

18 (2) PENALTY FOR ERRONEOUS CLAIM OF CRED19 IT.—The amendment made by subsection (b) shall 

20 apply to claims filed after the date of the enactment 

21 of this Act. 
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1 SEC. 210. INCREASE THE PENALTY APPLICABLE TO PAID 

2 TAX PREPARERS WHO ENGAGE IN WILLFUL 

3 OR RECKLESS CONDUCT. 

4 (a) IN GENERAL.—Section 6694(b)(1)(B) is amended 

5 by striking ‘‘50 percent’’ and inserting ‘‘75 percent’’. 

6 (b) EFFECTIVE DATE.—The amendment made by this 

7 section shall apply to returns prepared for taxable years 

8 ending after the date of the enactment of this Act. 

9 SEC. 211. EMPLOYER IDENTIFICATION NUMBER REQUIRED 

10 FOR AMERICAN OPPORTUNITY TAX CREDIT. 

11 (a) IN GENERAL.—Section 25A(i)(6), as added by this 

12 Act, is amended by adding at the end the following new 

13 subparagraph: 

14 ‘‘(C) INSTITUTION.—No Hope Scholarship 

15 Credit shall be allowed under this section unless 

16 the taxpayer includes the employer identification 

17 number of any institution to which qualified tui18 tion and related expenses were paid with respect 

19 to the individual.’’. 

20 (b) INFORMATION REPORTING.—Section 6050S(b)(2) 

21 is amended by striking ‘‘and’’ at the end of subparagraph 

22 (B), by redesignating subparagraph (C) as subparagraph 

23 (D), and by inserting after subparagraph (B) the following 

24 new subparagraph: 

25 ‘‘(C) the employer identification number of 

26 the institution, and’’. 
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1 (c) EFFECTIVE DATE.— 

2 (1) SUBSECTION (a).—The amendments made by 

3 subsection (a) shall apply to taxable years beginning 

4 after December 31, 2015. 

5 (2) SUBSECTION (b).—The amendments made by 

6 subsection (b) shall apply to expenses paid after De7 cember 31, 2015, for education furnished in academic 

8 periods beginning after such date. 

9 SEC. 212. HIGHER EDUCATION INFORMATION REPORTING 

10 ONLY TO INCLUDE QUALIFIED TUITION AND 

11 RELATED EXPENSES ACTUALLY PAID. 

12 (a) IN GENERAL.—Section 6050S(b)(2)(B)(i) is 

13 amended by striking ‘‘or the aggregate amount billed’’. 

14 (b) EFFECTIVE DATE.—The amendments made by sub15 section (b) shall apply to expenses paid after December 31, 

16 2015, for education furnished in academic periods begin17 ning after such date. 

18 TITLE III—MISCELLANEOUS 

19 PROVISIONS 

20 Subtitle A—Family Tax Relief 

21 SEC. 301. EXCLUSION FOR AMOUNTS RECEIVED UNDER THE 

22 WORK COLLEGES PROGRAM. 

23 (a) IN GENERAL.—Paragraph (2) of section 117(c) is 

24 amended by striking ‘‘or’’ at the end of subparagraph (A), 

25 by striking the period at the end of subparagraph (B) and 
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1 inserting ‘‘, or’’, and by adding at the end the following 

2 new subparagraph: 

3 ‘‘(C) a comprehensive student work-learn4 ing-service program (as defined in section 448(e) 

5 of the Higher Education Act of 1965) operated 

6 by a work college (as defined in such section).’’. 

7 (b) EFFECTIVE DATE.—The amendments made by this 

8 section shall apply to amounts received in taxable years be9 ginning after the date of the enactment of this Act. 

10 SEC. 302. IMPROVEMENTS TO SECTION 529 ACCOUNTS. 

11 (a) COMPUTER TECHNOLOGY AND EQUIPMENT PERMA12 NENTLY ALLOWED AS A QUALIFIED HIGHER EDUCATION

13 EXPENSE FOR SECTION 529 ACCOUNTS.— 

14 (1) IN GENERAL.—Section 529(e)(3)(A)(iii) is 

15 amended to read as follows: 

16 ‘‘(iii) expenses for the purchase of com17 puter or peripheral equipment (as defined 

18 in section 168(i)(2)(B)), computer software 

19 (as defined in section 197(e)(3)(B)), or 

20 Internet access and related services, if such 

21 equipment, software, or services are to be 

22 used primarily by the beneficiary during 

23 any of the years the beneficiary is enrolled 

24 at an eligible educational institution.’’. 
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1 (2) EFFECTIVE DATE.—The amendment made by 

2 this subsection shall apply to taxable years beginning 

3 after December 31, 2014. 

4 (b) ELIMINATION OF DISTRIBUTION AGGREGATION RE5 QUIREMENTS.— 

6 (1) IN GENERAL.—Section 529(c)(3) is amended 

7 by striking subparagraph (D). 

8 (2) EFFECTIVE DATE.—The amendment made by 

9 this subsection shall apply to distributions after De10 cember 31, 2014. 

11 (c) RECONTRIBUTION OF REFUNDED AMOUNTS.— 

12 (1) IN GENERAL.—Section 529(c)(3), as amended 

13 by subsection (b), is amended by adding at the end 

14 the following new subparagraph: 

15 ‘‘(D) SPECIAL RULE FOR CONTRIBUTIONS

16 OF REFUNDED AMOUNTS.—In the case of a bene17 ficiary who receives a refund of any qualified 

18 higher education expenses from an eligible edu19 cational institution, subparagraph (A) shall not 

20 apply to that portion of any distribution for the 

21 taxable year which is recontributed to a qualified 

22 tuition program of which such individual is a 

23 beneficiary, but only to the extent such recon24 tribution is made not later than 60 days after 
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1 the date of such refund and does not exceed the 

2 refunded amount.’’. 

3 (2) EFFECTIVE DATE.— 

4 (A) IN GENERAL.—The amendment made 

5 by this subsection shall apply with respect to re6 funds of qualified higher education expenses after 

7 December 31, 2014. 

8 (B) TRANSITION RULE.—In the case of a re9 fund of qualified higher education expenses re10 ceived after December 31, 2014, and before the 

11 date of the enactment of this Act, section 

12 529(c)(3)(D) of the Internal Revenue Code of 

13 1986 (as added by this subsection) shall be ap14 plied by substituting ‘‘not later than 60 days 

15 after the date of the enactment of this subpara16 graph’’ for ‘‘not later than 60 days after the date 

17 of such refund’’. 

18 SEC. 303. ELIMINATION OF RESIDENCY REQUIREMENT FOR 

19 QUALIFIED ABLE PROGRAMS. 

20 (a) IN GENERAL.—Section 529A(b)(1) is amended by 

21 striking subparagraph (C), by inserting ‘‘and’’ at the end 

22 of subparagraph (B), and by redesignating subparagraph 

23 (D) as subparagraph (C). 

24 (b) CONFORMING AMENDMENTS.— 
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1 (1) The second sentence of section 529A(d)(3) is 

2 amended by striking ‘‘and State of residence’’. 

3 (2) Section 529A(e) is amended by striking 

4 paragraph (7). 

5 (c) TECHNICAL AMENDMENTS.— 

6 (1) Section 529A(d)(4) is amended by striking 

7 ‘‘section 4’’ and inserting ‘‘section 103’’. 

8 (2) Section 529A(c)(1)(C)(i) is amended by 

9 striking ‘‘family member’’ and inserting ‘‘member of 

10 the family’’. 

11 (d) EFFECTIVE DATE.—The amendments made by this 

12 section shall apply to taxable years beginning after Decem13 ber 31, 2014. 

14 SEC. 304. EXCLUSION FOR WRONGFULLY INCARCERATED 

15 INDIVIDUALS. 

16 (a) IN GENERAL.—Part III of subchapter B of chapter 

17 1 is amended by inserting before section 140 the following 

18 new section: 

19 ‘‘SEC. 139F. CERTAIN AMOUNTS RECEIVED BY WRONGFULLY 

20 INCARCERATED INDIVIDUALS. 

21 ‘‘(a) EXCLUSION FROM GROSS INCOME.—In the case 

22 of any wrongfully incarcerated individual, gross income 

23 shall not include any civil damages, restitution, or other 

24 monetary award (including compensatory or statutory 

25 damages and restitution imposed in a criminal matter) re-
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1 lating to the incarceration of such individual for the covered 

2 offense for which such individual was convicted. 

3 ‘‘(b) WRONGFULLY INCARCERATED INDIVIDUAL.—For 

4 purposes of this section, the term ‘wrongfully incarcerated 

5 individual’ means an individual— 

6 ‘‘(1) who was convicted of a covered offense, 

7 ‘‘(2) who served all or part of a sentence of im8 prisonment relating to that covered offense, and 

9 ‘‘(3)(A) who was pardoned, granted clemency, or 

10 granted amnesty for that covered offense because that 

11 individual was innocent of that covered offense, or 

12 ‘‘(B)(i) for whom the judgment of conviction for 

13 that covered offense was reversed or vacated, and 

14 ‘‘(ii) for whom the indictment, information, or 

15 other accusatory instrument for that covered offense 

16 was dismissed or who was found not guilty at a new 

17 trial after the judgment of conviction for that covered 

18 offense was reversed or vacated. 

19 ‘‘(c) COVERED OFFENSE.—For purposes of this sec20 tion, the term ‘covered offense’ means any criminal offense 

21 under Federal or State law, and includes any criminal of22 fense arising from the same course of conduct as that crimi23 nal offense.’’. 

24 (b) CONFORMING AMENDMENT.—The table of sections 

25 for part III of subchapter B of chapter 1 is amended by 
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1 inserting after the item relating to section 139E the fol2 lowing new item: 

‘‘Sec. 139F. Certain amounts received by wrongfully incarcerated individuals.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by this 

4 section shall apply to taxable years beginning before, on, 

5 or after the date of the enactment of this Act. 

6 (d) WAIVER OF LIMITATIONS.—If the credit or refund 

7 of any overpayment of tax resulting from the application 

8 of this Act to a period before the date of enactment of this 

9 Act is prevented as of such date by the operation of any 

10 law or rule of law (including res judicata), such credit or 

11 refund may nevertheless be allowed or made if the claim 

12 therefor is filed before the close of the 1-year period begin13 ning on the date of the enactment of this Act. 

14 SEC. 305. CLARIFICATION OF SPECIAL RULE FOR CERTAIN 

15 GOVERNMENTAL PLANS. 

16 (a) IN GENERAL.—Paragraph (1) of section 105(j) is 

17 amended— 

18 (1) by striking ‘‘the taxpayer’’ and inserting ‘‘a 

19 qualified taxpayer’’, and 

20 (2) by striking ‘‘deceased plan participant’s ben21 eficiary’’ and inserting ‘‘deceased employee’s bene22 ficiary (other than an individual described in para23 graph (3)(B))’’. 
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1 (b) QUALIFIED TAXPAYER.—Subsection (j) of section 

2 105 is amended by adding at the end the following new 

3 paragraph: 

4 ‘‘(3) QUALIFIED TAXPAYER.—For purposes of 

5 paragraph (1), with respect to an accident or health 

6 plan described in paragraph (2), the term ‘qualified 

7 taxpayer’ means a taxpayer who is— 

8 ‘‘(A) an employee, or 

9 ‘‘(B) the spouse, dependent (as defined for 

10 purposes of subsection (b)), or child (as defined 

11 for purposes of such subsection) of an employee.’’. 

12 (c) APPLICATION TO POLITICAL SUBDIVISIONS OF

13 STATES.—Paragraph (2) of section 105(j) is amended— 

14 (1) by inserting ‘‘or established by or on behalf 

15 of a State or political subdivision thereof’’ after ‘‘pub16 lic retirement system’’, and 

17 (2) by inserting ‘‘or 501(c)(9)’’ after ‘‘section 

18 115’’ in subparagraph (B). 

19 (d) EFFECTIVE DATE.—The amendments made by this 

20 section shall apply to payments after the date of the enact21 ment of this Act. 
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1 SEC. 306. ROLLOVERS PERMITTED FROM OTHER RETIRE2 MENT PLANS INTO SIMPLE RETIREMENT AC3 COUNTS. 

4 (a) IN GENERAL.—Section 408(p)(1)(B) is amended 

5 by inserting ‘‘except in the case of a rollover contribution 

6 described in subsection (d)(3)(G) or a rollover contribution 

7 otherwise described in subsection (d)(3) or in section 402(c), 

8 403(a)(4), 403(b)(8), or 457(e)(16), which is made after the 

9 2-year period described in section 72(t)(6),’’ before ‘‘with 

10 respect to which the only contributions allowed’’. 

11 (b) EFFECTIVE DATE.—The amendments made by this 

12 section shall apply to contributions made after the date of 

13 the enactment of this Act. 

14 SEC. 307. TECHNICAL AMENDMENT RELATING TO ROLL15 OVER OF CERTAIN AIRLINE PAYMENT 

16 AMOUNTS. 

17 (a) IN GENERAL.—Section 1106(a) of the FAA Mod18 ernization and Reform Act of 2012 (26 U.S.C. 408 note) 

19 is amended by adding at the end the following new para20 graph: 

21 ‘‘(6) SPECIAL RULE FOR CERTAIN AIRLINE PAY22 MENT AMOUNTS.—In the case of any amount which 

23 became an airline payment amount by reason of the 

24 amendments made by section 1(b) of Public Law 

25 113–243 (26 U.S.C. 408 note), paragraph (1) shall be 

26 applied by substituting ‘(or, if later, within the pe-
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1 riod beginning on December 18, 2014, and ending on 

2 the date which is 180 days after the date of enactment 

3 of the Protecting Americans from Tax Hikes Act of 

4 2015)’ for ‘(or, if later, within 180 days of the date 

5 of the enactment of this Act)’.’’. 

6 (b) EFFECTIVE DATE.—The amendment made by this 

7 section shall take effect as if included in Public Law 113– 

8 243 (26 U.S.C. 408 note). 

9 SEC. 308. TREATMENT OF EARLY RETIREMENT DISTRIBU10 TIONS FOR NUCLEAR MATERIALS COURIERS, 

11 UNITED STATES CAPITOL POLICE, SUPREME 

12 COURT POLICE, AND DIPLOMATIC SECURITY 

13 SPECIAL AGENTS. 

14 (a) IN GENERAL.—Section 72(t)(10)(B)(ii), as added 

15 by Public Law 114–26, is amended by striking ‘‘or any’’ 

16 and inserting ‘‘any’’ and by inserting before the period at 

17 the end the following: ‘‘, any nuclear materials courier de18 scribed in section 8331(27) or 8401(33) of such title, any 

19 member of the United States Capitol Police, any member 

20 of the Supreme Court Police, or any diplomatic security 

21 special agent of the Department of State’’. 

22 (b) EFFECTIVE DATE.—The amendments made by this 

23 section shall apply to distributions after December 31, 2015. 
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1 SEC. 309. PREVENTION OF EXTENSION OF TAX COLLECTION 

2 PERIOD FOR MEMBERS OF THE ARMED 

3 FORCES WHO ARE HOSPITALIZED AS A RE4 SULT OF COMBAT ZONE INJURIES. 

5 (a) IN GENERAL.—Section 7508(e) is amended by add6 ing at the end the following new paragraph: 

7 ‘‘(3) COLLECTION PERIOD AFTER ASSESSMENT

8 NOT EXTENDED AS A RESULT OF HOSPITALIZATION.— 

9 With respect to any period of continuous qualified 

10 hospitalization described in subsection (a) and the 

11 next 180 days thereafter, subsection (a) shall not 

12 apply in the application of section 6502.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by this 

14 section shall apply to taxes assessed before, on, or after the 

15 date of the enactment of this Act. 

16 Subtitle B—Real Estate Investment 

17 Trusts 

18 SEC. 311. RESTRICTION ON TAX-FREE SPINOFFS INVOLVING 

19 REITS. 

20 (a) IN GENERAL.—Section 355 is amended by adding 

21 at the end the following new subsection: 

22 ‘‘(h) RESTRICTION ON DISTRIBUTIONS INVOLVING

23 REAL ESTATE INVESTMENT TRUSTS.— 

24 ‘‘(1) IN GENERAL.—This section (and so much of 

25 section 356 as relates to this section) shall not apply 

26 to any distribution if either the distributing corpora-
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1 tion or controlled corporation is a real estate invest2 ment trust. 

3 ‘‘(2) EXCEPTIONS FOR CERTAIN SPINOFFS.— 

4 ‘‘(A) SPINOFFS OF A REAL ESTATE INVEST5 MENT TRUST BY ANOTHER REAL ESTATE INVEST6 MENT TRUST.—Paragraph (1) shall not apply to 

7 any distribution if, immediately after the dis8 tribution, the distributing corporation and the 

9 controlled corporation are both real estate invest10 ment trusts. 

11 ‘‘(B) SPINOFFS OF CERTAIN TAXABLE REIT

12 SUBSIDIARIES.—Paragraph (1) shall not apply 

13 to any distribution if— 

14 ‘‘(i) the distributing corporation has 

15 been a real estate investment trust at all 

16 times during the 3-year period ending on 

17 the date of such distribution, 

18 ‘‘(ii) the controlled corporation has 

19 been a taxable REIT subsidiary (as defined 

20 in section 856(l)) of the distributing cor21 poration at all times during such period, 

22 and 

23 ‘‘(iii) the distributing corporation had 

24 control (as defined in section 368(c) applied 

25 by taking into account stock owned directly 
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1 or indirectly, including through one or more 

2 corporations or partnerships, by the distrib3 uting corporation) of the controlled corpora4 tion at all times during such period. 

5 A controlled corporation will be treated as meet6 ing the requirements of clauses (ii) and (iii) if 

7 the stock of such corporation was distributed by 

8 a taxable REIT subsidiary in a transaction to 

9 which this section (or so much of section 356 as 

10 relates to this section) applies and the assets of 

11 such corporation consist solely of the stock or as12 sets of assets held by one or more taxable REIT 

13 subsidiaries of the distributing corporation meet14 ing the requirements of clauses (ii) and (iii). For 

15 purposes of clause (iii), control of a partnership 

16 means ownership of 80 percent of the profits in17 terest and 80 percent of the capital interests.’’. 

18 (b) PREVENTION OF REIT ELECTION FOLLOWING

19 TAX-FREE SPIN OFF.—Section 856(c) is amended by redes20 ignating paragraph (8) as paragraph (9) and by inserting 

21 after paragraph (7) the following new paragraph: 

22 ‘‘(8) ELECTION AFTER TAX-FREE REORGANIZA23 TION.—If a corporation was a distributing corpora24 tion or a controlled corporation (other than a con25 trolled corporation with respect to a distribution de-
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1 scribed in section 355(h)(2)(A)) with respect to any 

2 distribution to which section 355 (or so much of sec3 tion 356 as relates to section 355) applied, such cor4 poration (and any successor corporation) shall not be 

5 eligible to make any election under paragraph (1) for 

6 any taxable year beginning before the end of the 10- 

7 year period beginning on the date of such distribu8 tion.’’. 

9 (c) EFFECTIVE DATE.—The amendments made by this 

10 section shall apply to distributions on or after December 

11 7, 2015, but shall not apply to any distribution pursuant 

12 to a transaction described in a ruling request initially sub13 mitted to the Internal Revenue Service on or before such 

14 date, which request has not been withdrawn and with re15 spect to which a ruling has not been issued or denied in 

16 its entirety as of such date. 

17 SEC. 312. REDUCTION IN PERCENTAGE LIMITATION ON AS18 SETS OF REIT WHICH MAY BE TAXABLE REIT 

19 SUBSIDIARIES. 

20 (a) IN GENERAL.—Section 856(c)(4)(B)(ii) is amend21 ed by striking ‘‘25 percent’’ and inserting ‘‘20 percent’’. 

22 (b) EFFECTIVE DATE.—The amendment made by this 

23 section shall apply to taxable years beginning after Decem24 ber 31, 2017. 
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1 SEC. 313. PROHIBITED TRANSACTION SAFE HARBORS. 

2 (a) ALTERNATIVE 3–YEAR AVERAGING TEST FOR PER3 CENTAGE OF ASSETS THAT CAN BE SOLD ANNUALLY.— 

4 (1) IN GENERAL.—Clause (iii) of section 

5 857(b)(6)(C) is amended by inserting before the semi6 colon at the end the following: ‘‘, or (IV) the trust sat7 isfies the requirements of subclause (II) applied by 

8 substituting ‘20 percent’ for ‘10 percent’ and the 3- 

9 year average adjusted bases percentage for the taxable 

10 year (as defined in subparagraph (G)) does not exceed 

11 10 percent, or (V) the trust satisfies the requirements 

12 of subclause (III) applied by substituting ‘20 percent’ 

13 for ‘10 percent’ and the 3-year average fair market 

14 value percentage for the taxable year (as defined in 

15 subparagraph (H)) does not exceed 10 percent’’. 

16 (2) 3-YEAR AVERAGE ADJUSTED BASES AND FAIR

17 MARKET VALUE PERCENTAGES.—Paragraph (6) of 

18 section 857(b) is amended by redesignating subpara19 graphs (G) and (H) as subparagraphs (I) and (J), re20 spectively, and by inserting after subparagraph (F) 

21 the following new subparagraphs: 

22 ‘‘(G) 3-YEAR AVERAGE ADJUSTED BASES

23 PERCENTAGE.—The term ‘3-year average ad24 justed bases percentage’ means, with respect to 

25 any taxable year, the ratio (expressed as a per26 centage) of— 
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1 ‘‘(i) the aggregate adjusted bases (as 

2 determined for purposes of computing earn3 ings and profits) of property (other than 

4 sales of foreclosure property or sales to 

5 which section 1033 applies) sold during the 

6 3 taxable year period ending with such tax7 able year, divided by 

8 ‘‘(ii) the sum of the aggregate adjusted 

9 bases (as so determined) of all of the assets 

10 of the trust as of the beginning of each of 

11 the 3 taxable years which are part of the pe12 riod referred to in clause (i). 

13 ‘‘(H) 3-YEAR AVERAGE FAIR MARKET VALUE

14 PERCENTAGE.—The term ‘3-year average fair 

15 market value percentage’ means, with respect to 

16 any taxable year, the ratio (expressed as a per17 centage) of— 

18 ‘‘(i) the fair market value of property 

19 (other than sales of foreclosure property or 

20 sales to which section 1033 applies) sold 

21 during the 3 taxable year period ending 

22 with such taxable year, divided by 

23 ‘‘(ii) the sum of the fair market value 

24 of all of the assets of the trust as of the be25 ginning of each of the 3 taxable years which 
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1 are part of the period referred to in clause 

2 (i).’’. 

3 (3) CONFORMING AMENDMENTS.—Clause (iv) of 

4 section 857(b)(6)(D) is amended by adding ‘‘or’’ at 

5 the end of subclause (III) and by adding at the end 

6 the following new subclauses: 

7 ‘‘(IV) the trust satisfies the re8 quirements of subclause (II) applied by 

9 substituting ‘20 percent’ for ‘10 per10 cent’ and the 3-year average adjusted 

11 bases percentage for the taxable year 

12 (as defined in subparagraph (G)) does 

13 not exceed 10 percent, or 

14 ‘‘(V) the trust satisfies the require15 ments of subclause (III) applied by 

16 substituting ‘20 percent’ for ‘10 per17 cent’ and the 3-year average fair mar18 ket value percentage for the taxable 

19 year (as defined in subparagraph (H)) 

20 does not exceed 10 percent,’’. 

21 (b) APPLICATION OF SAFE HARBORS INDEPENDENT OF

22 DETERMINATION WHETHER REAL ESTATE ASSET IS IN23 VENTORY PROPERTY.— 

24 (1) IN GENERAL.—Subparagraphs (C) and (D) 

25 of section 857(b)(6) are each amended by striking 
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1 ‘‘and which is described in section 1221(a)(1)’’ in the 

2 matter preceding clause (i). 

3 (2) NO INFERENCE FROM SAFE HARBORS.—Sub4 paragraph (F) of section 857(b)(6) is amended to 

5 read as follows: 

6 ‘‘(F) NO INFERENCE WITH RESPECT TO

7 TREATMENT AS INVENTORY PROPERTY.—The de8 termination of whether property is described in 

9 section 1221(a)(1) shall be made without regard 

10 to this paragraph.’’. 

11 (c) EFFECTIVE DATES.— 

12 (1) IN GENERAL.—The amendments made by 

13 subsection (a) shall apply to taxable years beginning 

14 after the date of the enactment of this Act. 

15 (2) APPLICATION OF SAFE HARBORS.— 

16 (A) IN GENERAL.—Except as provided in 

17 subparagraph (B), the amendments made by 

18 subsection (b) shall take effect as if included in 

19 section 3051 of the Housing Assistance Tax Act 

20 of 2008. 

21 (B) RETROACTIVE APPLICATION OF NO IN22 FERENCE NOT APPLICABLE TO CERTAIN TIMBER

23 PROPERTY PREVIOUSLY TREATED AS NOT INVEN24 TORY PROPERTY.—The amendment made by sub25 section (b)(2) shall not apply to any sale of 
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1 property to which section 857(b)(6)(G) of the In2 ternal Revenue Code of 1986 (as in effect on the 

3 day before the date of the enactment of this Act) 

4 applies. 

5 SEC. 314. REPEAL OF PREFERENTIAL DIVIDEND RULE FOR 

6 PUBLICLY OFFERED REITS. 

7 (a) IN GENERAL.—Section 562(c) is amended by in8 serting ‘‘or a publicly offered REIT’’ after ‘‘a publicly of9 fered regulated investment company (as defined in section 

10 67(c)(2)(B))’’. 

11 (b) PUBLICLY OFFERED REIT.—Section 562(c), as 

12 amended by subsection (a), is amended— 

13 (1) by striking ‘‘Except in the case of’’ and in14 serting the following: 

15 ‘‘(1) IN GENERAL.—Except in the case of’’, and 

16 (2) by adding at the end the following new para17 graph: 

18 ‘‘(2) PUBLICLY OFFERED REIT.—For purposes of 

19 this subsection, the term ‘publicly offered REIT’ 

20 means a real estate investment trust which is required 

21 to file annual and periodic reports with the Securities 

22 and Exchange Commission under the Securities Ex23 change Act of 1934.’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply to distributions in taxable years begin3 ning after December 31, 2014. 

4 SEC. 315. AUTHORITY FOR ALTERNATIVE REMEDIES TO AD5 DRESS CERTAIN REIT DISTRIBUTION FAIL6 URES. 

7 (a) IN GENERAL.—Subsection (e) of section 562 is 

8 amended— 

9 (1) by striking ‘‘In the case of a real estate in10 vestment trust’’ and inserting the following: 

11 ‘‘(1) DETERMINATION OF EARNINGS AND PROFITS

12 FOR PURPOSES OF DIVIDENDS PAID DEDUCTION.—In 

13 the case of a real estate investment trust’’, and 

14 (2) by adding at the end the following new para15 graph: 

16 ‘‘(2) AUTHORITY TO PROVIDE ALTERNATIVE REM17 EDIES FOR CERTAIN FAILURES.—In the case of a fail18 ure of a distribution by a real estate investment trust 

19 to comply with the requirements of subsection (c), the 

20 Secretary may provide an appropriate remedy to cure 

21 such failure in lieu of not considering the distribution 

22 to be a dividend for purposes of computing the divi23 dends paid deduction if— 
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1 ‘‘(A) the Secretary determines that such 

2 failure is inadvertent or is due to reasonable 

3 cause and not due to willful neglect, or 

4 ‘‘(B) such failure is of a type of failure 

5 which the Secretary has identified for purposes 

6 of this paragraph as being described in subpara7 graph (A).’’. 

8 (b) EFFECTIVE DATE.—The amendments made by this 

9 section shall apply to distributions in taxable years begin10 ning after December 31, 2015. 

11 SEC. 316. LIMITATIONS ON DESIGNATION OF DIVIDENDS BY 

12 REITS. 

13 (a) IN GENERAL.—Section 857 is amended by redesig14 nating subsection (g) as subsection (h) and by inserting 

15 after subsection (f) the following new subsection: 

16 ‘‘(g) LIMITATIONS ON DESIGNATION OF DIVIDENDS.— 

17 ‘‘(1) OVERALL LIMITATION.—The aggregate 

18 amount of dividends designated by a real estate in19 vestment trust under subsections (b)(3)(C) and 

20 (c)(2)(A) with respect to any taxable year may not 

21 exceed the dividends paid by such trust with respect 

22 to such year. For purposes of the preceding sentence, 

23 dividends paid after the close of the taxable year de24 scribed in section 858 shall be treated as paid with 

25 respect to such year. 
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1 ‘‘(2) PROPORTIONALITY.—The Secretary may 

2 prescribe regulations or other guidance requiring the 

3 proportionality of the designation of particular types 

4 of dividends among shares or beneficial interests of a 

5 real estate investment trust.’’. 

6 (b) EFFECTIVE DATE.—The amendments made by this 

7 section shall apply to distributions in taxable years begin8 ning after December 31, 2015. 

9 SEC. 317. DEBT INSTRUMENTS OF PUBLICLY OFFERED 

10 REITS AND MORTGAGES TREATED AS REAL 

11 ESTATE ASSETS. 

12 (a) DEBT INSTRUMENTS OF PUBLICLY OFFERED

13 REITS TREATED AS REAL ESTATE ASSETS.— 

14 (1) IN GENERAL.—Subparagraph (B) of section 

15 856(c)(5) is amended— 

16 (A) by striking ‘‘and shares’’ and inserting 

17 ‘‘, shares’’, and 

18 (B) by inserting ‘‘, and debt instruments 

19 issued by publicly offered REITs’’ before the pe20 riod at the end of the first sentence. 

21 (2) INCOME FROM NONQUALIFIED DEBT INSTRU22 MENTS OF PUBLICLY OFFERED REITS NOT QUALIFIED

23 FOR PURPOSES OF SATISFYING THE 75 PERCENT

24 GROSS INCOME TEST.—Subparagraph (H) of section 

25 856(c)(3) is amended by inserting ‘‘(other than a 
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1 nonqualified publicly offered REIT debt instrument)’’ 

2 after ‘‘real estate asset’’. 

3 (3) 25 PERCENT ASSET LIMITATION ON HOLDING

4 OF NONQUALIFIED DEBT INSTRUMENTS OF PUBLICLY

5 OFFERED REITS.—Subparagraph (B) of section 

6 856(c)(4) is amended by redesignating clause (iii) as 

7 clause (iv) and by inserting after clause (ii) the fol8 lowing new clause: 

9 ‘‘(iii) not more than 25 percent of the 

10 value of its total assets is represented by 

11 nonqualified publicly offered REIT debt in12 struments, and’’. 

13 (4) DEFINITIONS RELATED TO DEBT INSTRU14 MENTS OF PUBLICLY OFFERED REITS.—Paragraph 

15 (5) of section 856(c) is amended by adding at the end 

16 the following new subparagraph: 

17 ‘‘(L) DEFINITIONS RELATED TO DEBT IN18 STRUMENTS OF PUBLICLY OFFERED REITS.— 

19 ‘‘(i) PUBLICLY OFFERED REIT.—The 

20 term ‘publicly offered REIT’ has the mean21 ing given such term by section 562(c)(2). 

22 ‘‘(ii) NONQUALIFIED PUBLICLY OF23 FERED REIT DEBT INSTRUMENT.—The term 

24 ‘nonqualified publicly offered REIT debt in25 strument’ means any real estate asset which 
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1 would cease to be a real estate asset if sub2 paragraph (B) were applied without regard 

3 to the reference to ‘debt instruments issued 

4 by publicly offered REITs’.’’. 

5 (b) INTERESTS IN MORTGAGES ON INTERESTS IN REAL

6 PROPERTY TREATED AS REAL ESTATE ASSETS.—Subpara7 graph (B) of section 856(c)(5) is amended by inserting ‘‘or 

8 on interests in real property’’ after ‘‘interests in mortgages 

9 on real property’’. 

10 (c) EFFECTIVE DATE.—The amendments made by this 

11 section shall apply to taxable years beginning after Decem12 ber 31, 2015. 

13 SEC. 318. ASSET AND INCOME TEST CLARIFICATION RE14 GARDING ANCILLARY PERSONAL PROPERTY. 

15 (a) IN GENERAL.—Subsection (c) of section 856, as 

16 amended by the preceding provisions of this Act, is amended 

17 by redesignating paragraph (9) as paragraph (10) and by 

18 inserting after paragraph (8) the following new paragraph: 

19 ‘‘(9) SPECIAL RULES FOR CERTAIN PERSONAL

20 PROPERTY WHICH IS ANCILLARY TO REAL PROP21 ERTY.— 

22 ‘‘(A) CERTAIN PERSONAL PROPERTY

23 LEASED IN CONNECTION WITH REAL PROP24 ERTY.—Personal property shall be treated as a 

25 real estate asset for purposes of paragraph (4)(A) 
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1 to the extent that rents attributable to such per2 sonal property are treated as rents from real 

3 property under subsection (d)(1)(C). 

4 ‘‘(B) CERTAIN PERSONAL PROPERTY MORT5 GAGED IN CONNECTION WITH REAL PROPERTY.— 

6 In the case of an obligation secured by a mort7 gage on both real property and personal prop8 erty, if the fair market value of such personal 

9 property does not exceed 15 percent of the total 

10 fair market value of all such property, such obli11 gation shall be treated— 

12 ‘‘(i) for purposes of paragraph (3)(B), 

13 as an obligation described therein, and 

14 ‘‘(ii) for purposes of paragraph (4)(A), 

15 as a real estate asset. 

16 For purposes of the preceding sentence, the fair 

17 market value of all such property shall be deter18 mined in the same manner as the fair market 

19 value of real property is determined for purposes 

20 of apportioning interest income between real 

21 property and personal property under para22 graph (3)(B).’’. 

23 (b) EFFECTIVE DATE.—The amendments made by this 

24 section shall apply to taxable years beginning after Decem25 ber 31, 2015. 
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1 SEC. 319. HEDGING PROVISIONS. 

2 (a) MODIFICATION TO PERMIT THE TERMINATION OF

3 A HEDGING TRANSACTION USING AN ADDITIONAL HEDGING

4 INSTRUMENT.—Subparagraph (G) of section 856(c)(5) is 

5 amended by striking ‘‘and’’ at the end of clause (i), by strik6 ing the period at the end of clause (ii) and inserting ‘‘, 

7 and’’, and by adding at the end the following new clause: 

8 ‘‘(iii) if— 

9 ‘‘(I) a real estate investment trust 

10 enters into one or more positions de11 scribed in clause (i) with respect to in12 debtedness described in clause (i) or 

13 one or more positions described in 

14 clause (ii) with respect to property 

15 which generates income or gain de16 scribed in paragraph (2) or (3), 

17 ‘‘(II) any portion of such indebt18 edness is extinguished or any portion 

19 of such property is disposed of, and 

20 ‘‘(III) in connection with such ex21 tinguishment or disposition, such trust 

22 enters into one or more transactions 

23 which would be hedging transactions 

24 described in clause (ii) or (iii) of sec25 tion 1221(b)(2)(A) with respect to any 
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1 position referred to in subclause (I) if 

2 such position were ordinary property, 

3 any income of such trust from any position 

4 referred to in subclause (I) and from any 

5 transaction referred to in subclause (III) 

6 (including gain from the termination of 

7 any such position or transaction) shall not 

8 constitute gross income under paragraphs 

9 (2) and (3) to the extent that such trans10 action hedges such position.’’. 

11 (b) IDENTIFICATION REQUIREMENTS.— 

12 (1) IN GENERAL.—Subparagraph (G) of section 

13 856(c)(5), as amended by subsection (a), is amended 

14 by striking ‘‘and’’ at the end of clause (ii), by striking 

15 the period at the end of clause (iii) and inserting ‘‘, 

16 and’’, and by adding at the end the following new 

17 clause: 

18 ‘‘(iv) clauses (i), (ii), and (iii) shall 

19 not apply with respect to any transaction 

20 unless such transaction satisfies the identi21 fication requirement described in section 

22 1221(a)(7) (determined after taking into ac23 count any curative provisions provided 

24 under the regulations referred to therein).’’. 
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1 (2) CONFORMING AMENDMENTS.—Subparagraph 

2 (G) of section 856(c)(5) is amended— 

3 (A) by striking ‘‘which is clearly identified 

4 pursuant to section 1221(a)(7)’’ in clause (i), 

5 and 

6 (B) by striking ‘‘, but only if such trans7 action is clearly identified as such before the 

8 close of the day on which it was acquired, origi9 nated, or entered into (or such other time as the 

10 Secretary may prescribe)’’ in clause (ii). 

11 (c) EFFECTIVE DATE.—The amendments made by this 

12 section shall apply to taxable years beginning after Decem13 ber 31, 2015. 

14 SEC. 320. MODIFICATION OF REIT EARNINGS AND PROFITS 

15 CALCULATION TO AVOID DUPLICATE TAX16 ATION. 

17 (a) EARNINGS AND PROFITS NOT INCREASED BY

18 AMOUNTS ALLOWED IN COMPUTING TAXABLE INCOME IN

19 PRIOR YEARS.—Section 857(d) is amended— 

20 (1) by amending paragraph (1) to read as fol21 lows: 

22 ‘‘(1) IN GENERAL.—The earnings and profits of 

23 a real estate investment trust for any taxable year 

24 (but not its accumulated earnings) shall not be re25 duced by any amount which— 
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1 ‘‘(A) is not allowable in computing its tax2 able income for such taxable year, and 

3 ‘‘(B) was not allowable in computing its 

4 taxable income for any prior taxable year.’’, and 

5 (2) by adding at the end the following new para6 graphs: 

7 ‘‘(4) REAL ESTATE INVESTMENT TRUST.—For 

8 purposes of this subsection, the term ‘real estate in9 vestment trust’ includes a domestic corporation, trust, 

10 or association which is a real estate investment trust 

11 determined without regard to the requirements of sub12 section (a). 

13 ‘‘(5) SPECIAL RULES FOR DETERMINING EARN14 INGS AND PROFITS FOR PURPOSES OF THE DEDUC15 TION FOR DIVIDENDS PAID.—For special rules for de16 termining the earnings and profits of a real estate in17 vestment trust for purposes of the deduction for divi18 dends paid, see section 562(e)(1).’’. 

19 (b) EXCEPTION FOR PURPOSES OF DETERMINING

20 DIVIDENDS PAID DEDUCTION.—Section 562(e)(1), as 

21 amended by the preceding provisions of this Act, is amended 

22 by striking ‘‘deduction, the earnings’’ and all that follows 

23 and inserting the following: ‘‘deduction— 

24 ‘‘(A) the earnings and profits of such trust 

25 for any taxable year (but not its accumulated 
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1 earnings) shall be increased by the amount of 

2 gain (if any) on the sale or exchange of real 

3 property which is taken into account in deter4 mining the taxable income of such trust for such 

5 taxable year (and not otherwise taken into ac6 count in determining such earnings and profits), 

7 and 

8 ‘‘(B) section 857(d)(1) shall be applied 

9 without regard to subparagraph (B) thereof.’’. 

10 (c) EFFECTIVE DATE.—The amendments made by this 

11 section shall apply to taxable years beginning after Decem12 ber 31, 2015. 

13 SEC. 321. TREATMENT OF CERTAIN SERVICES PROVIDED BY 

14 TAXABLE REIT SUBSIDIARIES. 

15 (a) TAXABLE REIT SUBSIDIARIES TREATED IN SAME

16 MANNER AS INDEPENDENT CONTRACTORS FOR CERTAIN

17 PURPOSES.— 

18 (1) MARKETING AND DEVELOPMENT EXPENSES

19 UNDER RENTAL PROPERTY SAFE HARBOR.—Clause (v) 

20 of section 857(b)(6)(C) is amended by inserting ‘‘or a 

21 taxable REIT subsidiary’’ before the period at the 

22 end. 

23 (2) MARKETING EXPENSES UNDER TIMBER SAFE

24 HARBOR.—Clause (v) of section 857(b)(6)(D) is 
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1 amended by striking ‘‘, in the case of a sale on or be2 fore the termination date,’’. 

3 (3) FORECLOSURE PROPERTY GRACE PERIOD.— 

4 Subparagraph (C) of section 856(e)(4) is amended by 

5 inserting ‘‘or through a taxable REIT subsidiary’’ 

6 after ‘‘receive any income’’. 

7 (b) TAX ON REDETERMINED TRS SERVICE INCOME.— 

8 (1) IN GENERAL.—Subparagraph (A) of section 

9 857(b)(7) is amended by striking ‘‘and excess inter10 est’’ and inserting ‘‘excess interest, and redetermined 

11 TRS service income’’. 

12 (2) REDETERMINED TRS SERVICE INCOME.— 

13 Paragraph (7) of section 857(b) is amended by redes14 ignating subparagraphs (E) and (F) as subpara15 graphs (F) and (G), respectively, and inserting after 

16 subparagraph (D) the following new subparagraph: 

17 ‘‘(E) REDETERMINED TRS SERVICE IN18 COME.— 

19 ‘‘(i) IN GENERAL.—The term ‘redeter20 mined TRS service income’ means gross in21 come of a taxable REIT subsidiary of a real 

22 estate investment trust attributable to serv23 ices provided to, or on behalf of, such trust 

24 (less deductions properly allocable thereto) 

25 to the extent the amount of such income 
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1 (less such deductions) would (but for sub2 paragraph (F)) be increased on distribu3 tion, apportionment, or allocation under 

4 section 482. 

5 ‘‘(ii) COORDINATION WITH REDETER6 MINED RENTS.—Clause (i) shall not apply 

7 with respect to gross income attributable to 

8 services furnished or rendered to a tenant of 

9 the real estate investment trust (or to deduc10 tions properly allocable thereto).’’. 

11 (3) CONFORMING AMENDMENTS.—Subparagraphs 

12 (B)(i) and (C) of section 857(b)(7) are each amended 

13 by striking ‘‘subparagraph (E)’’ and inserting ‘‘sub14 paragraph (F)’’. 

15 (c) EFFECTIVE DATE.—The amendments made by this 

16 section shall apply to taxable years beginning after Decem17 ber 31, 2015. 

18 SEC. 322. EXCEPTION FROM FIRPTA FOR CERTAIN STOCK 

19 OF REITS. 

20 (a) MODIFICATIONS OF OWNERSHIP RULES.— 

21 (1) IN GENERAL.—Section 897 is amended by 

22 adding at the end the following new subsection: 

23 ‘‘(k) SPECIAL RULES RELATING TO REAL ESTATE IN24 VESTMENT TRUSTS.— 
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1 ‘‘(1) INCREASE IN PERCENTAGE OWNERSHIP FOR

2 EXCEPTIONS FOR PERSONS HOLDING PUBLICLY TRAD3 ED STOCK.— 

4 ‘‘(A) DISPOSITIONS.—In the case of any 

5 disposition of stock in a real estate investment 

6 trust, paragraphs (3) and (6)(C) of subsection 

7 (c) shall each be applied by substituting ‘more 

8 than 10 percent’ for ‘more than 5 percent’. 

9 ‘‘(B) DISTRIBUTIONS.—In the case of any 

10 distribution from a real estate investment trust, 

11 subsection (h)(1) shall be applied by substituting 

12 ‘10 percent’ for ‘5 percent’. 

13 ‘‘(2) STOCK HELD BY QUALIFIED SHARE14 HOLDERS NOT TREATED AS USRPI.— 

15 ‘‘(A) IN GENERAL.—Except as provided in 

16 subparagraph (B)— 

17 ‘‘(i) stock of a real estate investment 

18 trust which is held directly (or indirectly 

19 through 1 or more partnerships) by a quali20 fied shareholder shall not be treated as a 

21 United States real property interest, and 

22 ‘‘(ii) notwithstanding subsection (h)(1), 

23 any distribution to a qualified shareholder 

24 shall not be treated as gain recognized from 

25 the sale or exchange of a United States real 
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1 property interest to the extent the stock of 

2 the real estate investment trust held by such 

3 qualified shareholder is not treated as a 

4 United States real property interest under 

5 clause (i). 

6 ‘‘(B) EXCEPTION.—In the case of a quali7 fied shareholder with 1 or more applicable inves8 tors— 

9 ‘‘(i) subparagraph (A)(i) shall not 

10 apply to so much of the stock of a real es11 tate investment trust held by a qualified 

12 shareholder as bears the same ratio to the 

13 value of the interests (other than interests 

14 held solely as a creditor) held by such appli15 cable investors in the qualified shareholder 

16 bears to value of all interests (other than in17 terests held solely as a creditor) in the 

18 qualified shareholder, and 

19 ‘‘(ii) a percentage equal to the ratio de20 termined under clause (i) of the amounts re21 alized by the qualified shareholder with re22 spect to any disposition of stock in the real 

23 estate investment trust or with respect to 

24 any distribution from the real estate invest25 ment trust attributable to gain from sales or 
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1 exchanges of a United States real property 

2 interest shall be treated as amounts realized 

3 from the disposition of United States real 

4 property interests. 

5 ‘‘(C) SPECIAL RULE FOR CERTAIN DIS6 TRIBUTIONS TREATED AS SALE OR EXCHANGE.— 

7 If a distribution by a real estate investment 

8 trust is treated as a sale or exchange of stock 

9 under section 301(c)(3), 302, or 331 with respect 

10 to a qualified shareholder— 

11 ‘‘(i) in the case of an applicable inves12 tor, subparagraph (B) shall apply with re13 spect to such distribution, and 

14 ‘‘(ii) in the case of any other person, 

15 such distribution shall be treated under sec16 tion 857(b)(3)(F) as a dividend from a real 

17 estate investment trust notwithstanding any 

18 other provision of this title. 

19 ‘‘(D) APPLICABLE INVESTOR.—For purposes 

20 of this paragraph, the term ‘applicable investor’ 

21 means, with respect to any qualified shareholder 

22 holding stock in a real estate investment trust, a 

23 person (other than a qualified shareholder) 

24 which— 
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1 ‘‘(i) holds an interest (other than an 

2 interest solely as a creditor) in such quali3 fied shareholder, and 

4 ‘‘(ii) holds more than 10 percent of the 

5 stock of such real estate investment trust 

6 (whether or not by reason of the person’s 

7 ownership interest in the qualified share8 holder). 

9 ‘‘(E) CONSTRUCTIVE OWNERSHIP RULES.— 

10 For purposes of subparagraphs (B)(i) and (C) 

11 and paragraph (4), the constructive ownership 

12 rules under subsection (c)(6)(C) shall apply. 

13 ‘‘(3) QUALIFIED SHAREHOLDER.—For purposes 

14 of this subsection— 

15 ‘‘(A) IN GENERAL.—The term ‘qualified 

16 shareholder’ means a foreign person which— 

17 ‘‘(i)(I) is eligible for benefits of a com18 prehensive income tax treaty with the 

19 United States which includes an exchange 

20 of information program and the principal 

21 class of interests of which is listed and regu22 larly traded on 1 or more recognized stock 

23 exchanges (as defined in such comprehensive 

24 income tax treaty), or 
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1 ‘‘(II) is a foreign partnership that is 

2 created or organized under foreign law as a 

3 limited partnership in a jurisdiction that 

4 has an agreement for the exchange of infor5 mation with respect to taxes with the 

6 United States and has a class of limited 

7 partnership units which is regularly traded 

8 on the New York Stock Exchange or Nasdaq 

9 Stock Market and such class of limited 

10 partnership units value is greater than 50 

11 percent of the value of all the partnership 

12 units, 

13 ‘‘(ii) is a qualified collective invest14 ment vehicle, and 

15 ‘‘(iii) maintains records on the iden16 tity of each person who, at any time during 

17 the foreign person’s taxable year, holds di18 rectly 5 percent or more of the class of in19 terest described in subclause (I) or (II) of 

20 clause (i), as the case may be. 

21 ‘‘(B) QUALIFIED COLLECTIVE INVESTMENT

22 VEHICLE.—For purposes of this subsection, the 

23 term ‘qualified collective investment vehicle’ 

24 means a foreign person— 
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1 ‘‘(i) which, under the comprehensive 

2 income tax treaty described in subpara3 graph (A)(i), is eligible for a reduced rate 

4 of withholding with respect to ordinary 

5 dividends paid by a real estate investment 

6 trust even if such person holds more than 10 

7 percent of the stock of such real estate in8 vestment trust, 

9 ‘‘(ii) which— 

10 ‘‘(I) is a publicly traded partner11 ship (as defined in section 7704(b)) to 

12 which subsection (a) of section 7704 

13 does not apply, 

14 ‘‘(II) is a withholding foreign 

15 partnership for purposes of chapters 3, 

16 4, and 61, 

17 ‘‘(III) if such foreign partnership 

18 were a United States corporation, 

19 would be a United States real property 

20 holding corporation (determined with21 out regard to paragraph (1)) at any 

22 time during the 5-year period ending 

23 on the date of disposition of, or dis24 tribution with respect to, such partner-
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1 ship’s interests in a real estate invest2 ment trust, or 

3 ‘‘(iii) which is designated as a quali4 fied collective investment vehicle by the Sec5 retary and is either— 

6 ‘‘(I) fiscally transparent within 

7 the meaning of section 894, or 

8 ‘‘(II) required to include divi9 dends in its gross income, but entitled 

10 to a deduction for distributions to per11 sons holding interests (other than in12 terests solely as a creditor) in such for13 eign person. 

14 ‘‘(4) PARTNERSHIP ALLOCATIONS.— 

15 ‘‘(A) IN GENERAL.—For the purposes of this 

16 subsection, in the case of an applicable investor 

17 who is a nonresident alien individual or a for18 eign corporation and is a partner in a partner19 ship that is a qualified shareholder, if such part20 ner’s proportionate share of USRPI gain for the 

21 taxable year exceeds such partner’s distributive 

22 share of USRPI gain for the taxable year, then 

23 ‘‘(i) such partner’s distributive share of 

24 the amount of gain taken into account 

25 under subsection (a)(1) by the partner for 
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1 the taxable year (determined without regard 

2 to this paragraph) shall be increased by the 

3 amount of such excess, and 

4 ‘‘(ii) such partner’s distributive share 

5 of items of income or gain for the taxable 

6 year that are not treated as gain taken into 

7 account under subsection (a)(1) (determined 

8 without regard to this paragraph) shall be 

9 decreased (but not below zero) by the 

10 amount of such excess. 

11 ‘‘(B) USRPI GAIN.—For the purposes of 

12 this paragraph, the term ‘USRPI gain’ means 

13 the excess (if any) of— 

14 ‘‘(i) the sum of— 

15 ‘‘(I) any gain recognized from the 

16 disposition of a United States real 

17 property interest, and 

18 ‘‘(II) any distribution by a real 

19 estate investment trust that is treated 

20 as gain recognized from the sale or ex21 change of a United States real prop22 erty interest, over 

23 ‘‘(ii) any loss recognized from the dis24 position of a United States real property 

25 interest. 
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1 ‘‘(C) PROPORTIONATE SHARE OF USRPI

2 GAIN.—For purposes of this paragraph, an ap3 plicable investor’s proportionate share of USRPI 

4 gain shall be determined on the basis of such in5 vestor’s share of partnership items of income or 

6 gain (excluding gain allocated under section 

7 704(c)), whichever results in the largest propor8 tionate share. If the investor’s share of partner9 ship items of income or gain (excluding gain al10 located under section 704(c)) may vary during 

11 the period such investor is a partner in the part12 nership, such share shall be the highest share 

13 such investor may receive.’’. 

14 (2) CONFORMING AMENDMENTS.— 

15 (A) Section 897(c)(1)(A) is amended by in16 serting ‘‘or subsection (k)’’ after ‘‘subparagraph 

17 (B)’’ in the matter preceding clause (i). 

18 (B) Section 857(b)(3)(F) is amended by in19 serting ‘‘or subparagraph (A)(ii) or (C) of sec20 tion 897(k)(2)’’ after ‘‘897(h)(1)’’. 

21 (b) DETERMINATION OF DOMESTIC CONTROL.— 

22 (1) SPECIAL OWNERSHIP RULES.— 

23 (A) IN GENERAL.—Section 897(h)(4) is 

24 amended by adding at the end the following new 

25 subparagraph: 
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1 ‘‘(E) SPECIAL OWNERSHIP RULES.—For 

2 purposes of determining the holder of stock under 

3 subparagraphs (B) and (C)— 

4 ‘‘(i) in the case of any class of stock of 

5 the qualified investment entity which is reg6 ularly traded on an established securities 

7 market in the United States, a person hold8 ing less than 5 percent of such class of stock 

9 at all times during the testing period shall 

10 be treated as a United States person unless 

11 the qualified investment entity has actual 

12 knowledge that such person is not a United 

13 States person, 

14 ‘‘(ii) any stock in the qualified invest15 ment entity held by another qualified in16 vestment entity— 

17 ‘‘(I) any class of stock of which is 

18 regularly traded on an established se19 curities market, or 

20 ‘‘(II) which is a regulated invest21 ment company which issues redeemable 

22 securities (within the meaning of sec23 tion 2 of the Investment Company Act 

24 of 1940), 
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1 shall be treated as held by a foreign person, 

2 except that if such other qualified invest3 ment entity is domestically controlled (de4 termined after application of this subpara5 graph), such stock shall be treated as held 

6 by a United States person, and 

7 ‘‘(iii) any stock in the qualified invest8 ment entity held by any other qualified in9 vestment entity not described in subclause 

10 (I) or (II) of clause (ii) shall only be treated 

11 as held by a United States person in pro12 portion to the stock of such other qualified 

13 investment entity which is (or is treated 

14 under clause (ii) or (iii) as) held by a 

15 United States person.’’. 

16 (B) CONFORMING AMENDMENT.—The head17 ing for paragraph (4) of section 897(h) is 

18 amended by inserting ‘‘AND SPECIAL RULES’’ 

19 after ‘‘DEFINITIONS’’. 

20 (2) TECHNICAL AMENDMENT.—Clause (ii) of sec21 tion 897(h)(4)(A) is amended by inserting ‘‘and for 

22 purposes of determining whether a real estate invest23 ment trust is a domestically controlled qualified in24 vestment entity under this subsection’’ after ‘‘real es25 tate investment trust’’. 
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1 (c) EFFECTIVE DATES.— 

2 (1) IN GENERAL.—The amendments made by 

3 subsection (a) shall take effect on the date of enact4 ment and shall apply to— 

5 (A) any disposition on and after the date of 

6 the enactment of this Act, and 

7 (B) any distribution by a real estate invest8 ment trust on or after the date of the enactment 

9 of this Act which is treated as a deduction for 

10 a taxable year of such trust ending after such 

11 date. 

12 (2) DETERMINATION OF DOMESTIC CONTROL.— 

13 The amendments made by subsection (b)(1) shall take 

14 effect on the date of the enactment of this Act. 

15 (3) TECHNICAL AMENDMENT.—The amendment 

16 made by subsection (b)(2) shall take effect on January 

17 1, 2015. 

18 SEC. 323. EXCEPTION FOR INTERESTS HELD BY FOREIGN 

19 RETIREMENT OR PENSION FUNDS. 

20 (a) IN GENERAL.—Section 897, as amended by the 

21 preceding provisions of this Act, is amended by adding at 

22 the end the following new subsection: 

23 ‘‘(l) EXCEPTION FOR INTERESTS HELD BY FOREIGN

24 PENSION FUNDS.— 
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1 ‘‘(1) IN GENERAL.—This section shall not apply 

2 to any United States real property interest held di3 rectly (or indirectly through 1 or more partnerships) 

4 by, or to any distribution received from a real estate 

5 investment trust by— 

6 ‘‘(A) a qualified foreign pension fund, or 

7 ‘‘(B) any entity all of the interests of which 

8 are held by a qualified foreign pension fund. 

9 ‘‘(2) QUALIFIED FOREIGN PENSION FUND.—For 

10 purposes of this subsection, the term ‘qualified foreign 

11 pension fund’ means any trust, corporation, or other 

12 organization or arrangement— 

13 ‘‘(A) which is created or organized under 

14 the law of a country other than the United 

15 States, 

16 ‘‘(B) which is established to provide retire17 ment or pension benefits to participants or bene18 ficiaries that are current or former employees (or 

19 persons designated by such employees) of one or 

20 more employers in consideration for services ren21 dered, 

22 ‘‘(C) which does not have a single partici23 pant or beneficiary with a right to more than 

24 five percent of its assets or income, 
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1 ‘‘(D) which is subject to government regula2 tion and provides annual information reporting 

3 about its beneficiaries to the relevant tax au4 thorities in the country in which it is established 

5 or operates, and 

6 ‘‘(E) with respect to which, under the laws 

7 of the country in which it is established or oper8 ates— 

9 ‘‘(i) contributions to such trust, cor10 poration, organization, or arrangement 

11 which would otherwise be subject to tax 

12 under such laws are deductible or excluded 

13 from the gross income of such entity or 

14 taxed at a reduced rate, or 

15 ‘‘(ii) taxation of any investment in16 come of such trust, corporation, organiza17 tion or arrangement is deferred or such in18 come is taxed at a reduced rate. 

19 ‘‘(3) REGULATIONS.—The Secretary shall pre20 scribe such regulations as may be necessary or appro21 priate to carry out the purposes of this subsection.’’. 

22 (b) EXEMPTION FROM WITHHOLDING.—Section 

23 1445(f)(3) is amended by striking ‘‘any person’’ and all 

24 that follows and inserting the following: ‘‘any person other 

25 than— 
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1 ‘‘(A) a United States person, and 

2 ‘‘(B) except as otherwise provided by the 

3 Secretary, an entity with respect to which sec4 tion 897 does not apply by reason of subsection 

5 (l) thereof.’’. 

6 (c) EFFECTIVE DATE.—The amendments made by this 

7 section shall apply to dispositions and distributions after 

8 the date of the enactment of this Act. 

9 SEC. 324. INCREASE IN RATE OF WITHHOLDING OF TAX ON 

10 DISPOSITIONS OF UNITED STATES REAL 

11 PROPERTY INTERESTS. 

12 (a) IN GENERAL.—Subsections (a), (e)(3), (e)(4), and 

13 (e)(5) of section 1445 are each amended by striking ‘‘10 

14 percent’’ and inserting ‘‘15 percent’’. 

15 (b) EXCEPTION FOR CERTAIN RESIDENCES.—Section 

16 1445(c) is amended by adding at the end the following new 

17 paragraph: 

18 ‘‘(4) REDUCED RATE OF WITHHOLDING FOR RES19 IDENCE WHERE AMOUNT REALIZED DOES NOT EX20 CEED $1,000,000.—In the case of a disposition— 

21 ‘‘(A) of property which is acquired by the 

22 transferee for use by the transferee as a residence, 

23 ‘‘(B) with respect to which the amount real24 ized for such property does not exceed 

25 $1,000,000, and 
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1 ‘‘(C) to which subsection (b)(5) does not 

2 apply, 

3 subsection (a) shall be applied by substituting ‘10 

4 percent’ for ‘15 percent’.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by this 

6 section shall apply to dispositions after the date which is 

7 60 days after the date of the enactment of this Act. 

8 SEC. 325. INTERESTS IN RICS AND REITS NOT EXCLUDED 

9 FROM DEFINITION OF UNITED STATES REAL 

10 PROPERTY INTERESTS. 

11 (a) IN GENERAL.—Section 897(c)(1)(B) is amended by 

12 striking ‘‘and’’ at the end of clause (i), by striking the pe13 riod at the end of clause (ii)(II) and inserting ‘‘, and’’, and 

14 by adding at the end the following new clause: 

15 ‘‘(iii) neither such corporation nor any 

16 predecessor of such corporation was a regu17 lated investment company or a real estate 

18 investment trust at any time during the 

19 shorter of the periods described in subpara20 graph (A)(ii).’’. 

21 (b) EFFECTIVE DATE.—The amendment made by this 

22 section shall apply to dispositions on or after the date of 

23 the enactment of this Act. 
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1 SEC. 326. DIVIDENDS DERIVED FROM RICS AND REITS IN2 ELIGIBLE FOR DEDUCTION FOR UNITED 

3 STATES SOURCE PORTION OF DIVIDENDS 

4 FROM CERTAIN FOREIGN CORPORATIONS. 

5 (a) IN GENERAL.—Section 245(a) is amended by add6 ing at the end the following new paragraph: 

7 ‘‘(12) DIVIDENDS DERIVED FROM RICS AND

8 REITS INELIGIBLE FOR DEDUCTION.—Regulated in9 vestment companies and real estate investment trusts 

10 shall not be treated as domestic corporations for pur11 poses of paragraph (5)(B).’’. 

12 (b) EFFECTIVE DATE.—The amendment made by this 

13 section shall apply to dividends received from regulated in14 vestment companies and real estate investment trusts on or 

15 after the date of the enactment of this Act. 

16 (c) NO INFERENCE.—Nothing contained in this section 

17 or the amendments made by this section shall be construed 

18 to create any inference with respect to the proper treatment 

19 under section 245 of the Internal Revenue Code of 1986 of 

20 dividends received from regulated investment companies or 

21 real estate investment trusts before the date of the enactment 

22 of this Act. 
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1 Subtitle C—Additional Provisions 

2 SEC. 331. DEDUCTIBILITY OF CHARITABLE CONTRIBUTIONS 

3 TO AGRICULTURAL RESEARCH ORGANIZA4 TIONS. 

5 (a) IN GENERAL.—Subparagraph (A) of section 

6 170(b)(1) is amended by striking ‘‘or’’ at the end of clause 

7 (vii), by striking the comma at the end of clause (viii) and 

8 inserting ‘‘, or’’, and by inserting after clause (viii) the fol9 lowing new clause: 

10 ‘‘(ix) an agricultural research organi11 zation directly engaged in the continuous 

12 active conduct of agricultural research (as 

13 defined in section 1404 of the Agricultural 

14 Research, Extension, and Teaching Policy 

15 Act of 1977) in conjunction with a land16 grant college or university (as defined in 

17 such section) or a non-land grant college of 

18 agriculture (as defined in such section), and 

19 during the calendar year in which the con20 tribution is made such organization is com21 mitted to spend such contribution for such 

22 research before January 1 of the fifth cal23 endar year which begins after the date such 

24 contribution is made,’’. 
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1 (b) EXPENDITURES TO INFLUENCE LEGISLATION.— 

2 Paragraph (4) of section 501(h) is amended by redesig3 nating subparagraphs (E) and (F) as subparagraphs (F) 

4 and (G), respectively, and by inserting after subparagraph 

5 (D) the following new subparagraph: 

6 ‘‘(E) section 170(b)(1)(A)(ix) (relating to 

7 agricultural research organizations),’’. 

8 (c) EFFECTIVE DATE.—The amendments made by this 

9 section shall apply to contributions made on and after the 

10 date of the enactment of this Act. 

11 SEC. 332. REMOVAL OF BOND REQUIREMENTS AND EX12 TENDING FILING PERIODS FOR CERTAIN TAX13 PAYERS WITH LIMITED EXCISE TAX LIABIL14 ITY. 

15 (a) FILING REQUIREMENTS.—Paragraph (4) of section 

16 5061(d) of the Internal Revenue Code of 1986 is amended— 

17 (1) in subparagraph (A)— 

18 (A) by striking ‘‘In the case of’’ and insert19 ing the following: 

20 ‘‘(i) MORE THAN $1,000 AND NOT MORE

21 THAN $50,000 IN TAXES.—Except as pro22 vided in clause (ii), in the case of’’, 

23 (B) by striking ‘‘under bond for deferred 

24 payment’’, and 
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1 (C) by adding at the end the following new 

2 clause: 

3 ‘‘(ii) NOT MORE THAN $1,000 IN

4 TAXES.—In the case of any taxpayer who 

5 reasonably expects to be liable for not more 

6 than $1,000 in taxes imposed with respect 

7 to distilled spirits, wines, and beer under 

8 subparts A, C, and D and section 7652 for 

9 the calendar year and who was liable for 

10 not more than $1,000 in such taxes in the 

11 preceding calendar year, the last day for the 

12 payment of tax on withdrawals, removals, 

13 and entries (and articles brought into the 

14 United States from Puerto Rico) shall be 

15 the 14th day after the last day of the cal16 endar year.’’, and 

17 (2) in subparagraph (B)— 

18 (A) by striking ‘‘Subparagraph (A)’’ and 

19 inserting the following: 

20 ‘‘(i) EXCEEDS $50,000 LIMIT.—Sub21 paragraph (A)(i)’’, and 

22 (B) by adding at the end the following new 

23 clause: 

24 ‘‘(ii) EXCEEDS $1,000 LIMIT.—Sub25 paragraph (A)(ii) shall not apply to any 
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1 taxpayer for any portion of the calendar 

2 year following the first date on which the 

3 aggregate amount of tax due under subparts 

4 A, C, and D and section 7652 from such 

5 taxpayer during such calendar year exceeds 

6 $1,000, and any tax under such subparts 

7 which has not been paid on such date shall 

8 be due on the 14th day after the last day of 

9 the calendar quarter in which such date oc10 curs.’’. 

11 (b) BOND REQUIREMENTS.— 

12 (1) IN GENERAL.—Section 5551 of such Code is 

13 amended— 

14 (A) in subsection (a), by striking ‘‘No indi15 vidual’’ and inserting ‘‘Except as provided under 

16 subsection (d), no individual’’, and 

17 (B) by adding at the end the following new 

18 subsection: 

19 ‘‘(d) REMOVAL OF BOND REQUIREMENTS.— 

20 ‘‘(1) IN GENERAL.—During any period to which 

21 subparagraph (A) of section 5061(d)(4) applies to a 

22 taxpayer (determined after application of subpara23 graph (B) thereof), such taxpayer shall not be re24 quired to furnish any bond covering operations or 
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1 withdrawals of distilled spirits or wines for nonindus2 trial use or of beer. 

3 ‘‘(2) SATISFACTION OF BOND REQUIREMENTS.— 

4 Any taxpayer for any period described in paragraph 

5 (1) shall be treated as if sufficient bond has been fur6 nished for purposes of covering operations and with7 drawals of distilled spirits or wines for nonindustrial 

8 use or of beer for purposes of any requirements relat9 ing to bonds under this chapter.’’. 

10 (2) CONFORMING AMENDMENTS.— 

11 (A) BONDS FOR DISTILLED SPIRITS

12 PLANTS.—Section 5173(a) of such Code is 

13 amended— 

14 (i) in paragraph (1), by striking ‘‘No 

15 person’’ and inserting ‘‘Except as provided 

16 under section 5551(d), no person’’, and 

17 (ii) in paragraph (2), by striking ‘‘No 

18 distilled spirits’’ and inserting ‘‘Except as 

19 provided under section 5551(d), no distilled 

20 spirits’’. 

21 (B) BONDED WINE CELLARS.—Section 5351 

22 of such Code is amended— 

23 (i) by striking ‘‘Any person’’ and in24 serting the following: 

25 ‘‘(a) IN GENERAL.—Any person’’, 
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1 (ii) by inserting ‘‘, except as provided 

2 under section 5551(d),’’ before ‘‘file bond’’, 

3 (iii) by striking ‘‘Such premises shall’’ 

4 and all that follows through the period, and 

5 (iv) by adding at the end the following 

6 new subsection: 

7 ‘‘(b) DEFINITIONS.—For purposes of this chapter— 

8 ‘‘(1) BONDED WINE CELLAR.—The term ‘bonded 

9 wine cellar’ means any premises described in sub10 section (a), including any such premises established 

11 by a taxpayer described in section 5551(d). 

12 ‘‘(2) BONDED WINERY.—At the discretion of the 

13 Secretary, any bonded wine cellar that engages in 

14 production operations may be designated as a ‘bonded 

15 winery’.’’. 

16 (C) BONDS FOR BREWERIES.—Section 5401 

17 of such Code is amended by adding at the end 

18 the following new subsection: 

19 ‘‘(c) EXCEPTION FROM BOND REQUIREMENTS FOR

20 CERTAIN BREWERIES.—Subsection (b) shall not apply to 

21 any taxpayer for any period described in section 5551(d).’’. 

22 (c) EFFECTIVE DATE.—The amendments made by this 

23 section shall apply to any calendar quarters beginning more 

24 than 1 year after the date of the enactment of this Act. 
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1 SEC. 333. MODIFICATIONS TO ALTERNATIVE TAX FOR CER2 TAIN SMALL INSURANCE COMPANIES. 

3 (a) ADDITIONAL REQUIREMENT FOR COMPANIES TO

4 WHICH ALTERNATIVE TAX APPLIES.— 

5 (1) ADDED REQUIREMENT.— 

6 (A) IN GENERAL.—Subparagraph (A) of 

7 section 831(b)(2) is amended— 

8 (i) by striking ‘‘(including inter9 insurers and reciprocal underwriters)’’, and 

10 (ii) by striking ‘‘and’’ at the end of 

11 clause (i), by redesignating clause (ii) as 

12 clause (iii), and by inserting after clause (i) 

13 the following new clause: 

14 ‘‘(ii) such company meets the diver15 sification requirements of subparagraph 

16 (B), and’’. 

17 (B) DIVERSIFICATION REQUIREMENT.— 

18 Paragraph (2) of section 831(b) is amended by 

19 redesignating subparagraphs (B) as subpara20 graph (C) and by inserting after subparagraph 

21 (A) the following new subparagraph: 

22 ‘‘(B) DIVERSIFICATION REQUIREMENTS.— 

23 ‘‘(i) IN GENERAL.—An insurance com24 pany meets the requirements of this sub25 paragraph if— 
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1 ‘‘(I) no more than 20 percent of 

2 the net written premiums (or, if great3 er, direct written premiums) of such 

4 company for the taxable year is attrib5 utable to any one policyholder, or 

6 ‘‘(II) such insurance company 

7 does not meet the requirement of sub8 clause (I) and no person who holds (di9 rectly or indirectly) an interest in such 

10 insurance company is a specified hold11 er who holds (directly or indirectly) 

12 aggregate interests in such insurance 

13 company which constitute a percentage 

14 of the entire interests in such insur15 ance company which is more than a de 

16 minimis percentage higher than the 

17 percentage of interests in the specified 

18 assets with respect to such insurance 

19 company held (directly or indirectly) 

20 by such specified holder. 

21 ‘‘(ii) DEFINITIONS.—For purposes of 

22 clause (i)(II)— 

23 ‘‘(I) SPECIFIED HOLDER.—The 

24 term ‘specified holder’ means, with re25 spect to any insurance company, any 
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1 individual who holds (directly or indi2 rectly) an interest in such insurance 

3 company and who is a spouse or lineal 

4 descendant (including by adoption) of 

5 an individual who holds an interest 

6 (directly or indirectly) in the specified 

7 assets with respect to such insurance 

8 company. 

9 ‘‘(II) SPECIFIED ASSETS.—The 

10 term ‘specified assets’ means, with re11 spect to any insurance company, the 

12 trades or businesses, rights, or assets 

13 with respect to which the net written 

14 premiums (or direct written pre15 miums) of such insurance company are 

16 paid. 

17 ‘‘(III) INDIRECT INTEREST.—An 

18 indirect interest includes any interest 

19 held through a trust, estate, partner20 ship, or corporation. 

21 ‘‘(IV) DE MINIMIS.—Except as 

22 otherwise provided by the Secretary in 

23 regulations or other guidance, 2 per24 centage points or less shall be treated 

25 as de minimis.’’. 
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1 (C) CONFORMING AMENDMENTS.—The sec2 ond sentence section 831(b)(2)(A) is amended— 

3 (i) by striking ‘‘clause (ii)’’ and insert4 ing ‘‘clause (iii)’’, and 

5 (ii) by striking ‘‘clause (i)’’ and insert6 ing ‘‘clauses (i) and (ii)’’. 

7 (2) TREATMENT OF RELATED POLICYHOLDERS.— 

8 Clause (i) of section 831(b)(2)(C), as redesignated by 

9 paragraph (1)(B), is amended— 

10 (A) by striking ‘‘For purposes of subpara11 graph (A), in determining’’ and inserting ‘‘For 

12 purposes of this paragraph— 

13 ‘‘(I) in determining’’, 

14 (B) by striking the period at the end and 

15 inserting ‘‘, and’’, and 

16 (C) by adding at the end the following new 

17 subclause: 

18 ‘‘(II) in determining the attribu19 tion of premiums to any policyholder 

20 under subparagraph (B)(i), all policy21 holders which are related (within the 

22 meaning of section 267(b) or 707(b)) or 

23 are members of the same controlled 

24 group shall be treated as one policy25 holder.’’. 
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1 (3) REPORTING.—Section 831 is amended by re2 designating subsection (d) as subsection (e) and by 

3 inserting after subsection (c) the following new sub4 section: 

5 ‘‘(d) REPORTING.—Every insurance company for 

6 which an election is in effect under subsection (b) for any 

7 taxable year shall furnish to the Secretary at such time and 

8 in such manner as the Secretary shall prescribe such infor9 mation for such taxable year as the Secretary shall require 

10 with respect to the requirements of subsection 

11 (b)(2)(A)(ii).’’. 

12 (b) INCREASE IN LIMITATION ON PREMIUMS.— 

13 (1) IN GENERAL.—Clause (i) of section 

14 831(b)(2)(A) is amended by striking ‘‘$1,200,000’’ 

15 and inserting ‘‘$2,200,000’’. 

16 (2) INFLATION ADJUSTMENT.—Paragraph (2) of 

17 section 831(b), as amended by subsection (a)(1)(B), is 

18 amended by adding at the end the following new sub19 paragraph: 

20 ‘‘(D) INFLATION ADJUSTMENT.—In the case 

21 of any taxable year beginning in a calendar year 

22 after 2015, the dollar amount set forth in sub23 paragraph (A)(i) shall be increased by an 

24 amount equal to— 

25 ‘‘(i) such dollar amount, multiplied by 
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1 ‘‘(ii) the cost-of-living adjustment de2 termined under section 1(f)(3) for such cal3 endar year by substituting ‘calendar year 

4 2013’ for ‘calendar year 1992’ in subpara5 graph (B) thereof. 

6 If the amount as adjusted under the preceding 

7 sentence is not a multiple of $50,000, such 

8 amount shall be rounded to the next lowest mul9 tiple of $50,000.’’. 

10 (c) EFFECTIVE DATE.—The amendments made by this 

11 section shall apply to taxable years beginning after Decem12 ber 31, 2016. 

13 SEC. 334. TREATMENT OF TIMBER GAINS. 

14 (a) IN GENERAL.—Section 1201(b) is amended to read 

15 as follows: 

16 ‘‘(b) SPECIAL RATE FOR QUALIFIED TIMBER GAINS.— 

17 ‘‘(1) IN GENERAL.—If, for any taxable year be18 ginning in 2016, a corporation has both a net capital 

19 gain and qualified timber gain— 

20 ‘‘(A) subsection (a) shall apply to such cor21 poration for the taxable year without regard to 

22 whether the applicable tax rate exceeds 35 per23 cent, and 

24 ‘‘(B) the tax computed under subsection 

25 (a)(2) shall be equal to the sum of— 
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1 ‘‘(i) 23.8 percent of the least of— 

2 ‘‘(I) qualified timber gain, 

3 ‘‘(II) net capital gain, or 

4 ‘‘(III) taxable income, plus 

5 ‘‘(ii) 35 percent of the excess (if any) 

6 of taxable income over the sum of the 

7 amounts for which a tax was determined 

8 under subsection (a)(1) and clause (i). 

9 ‘‘(2) QUALIFIED TIMBER GAIN.—For purposes of 

10 this section, the term ‘qualified timber gain’ means, 

11 with respect to any taxpayer for any taxable year, the 

12 excess (if any) of— 

13 ‘‘(A) the sum of the taxpayer’s gains de14 scribed in subsections (a) and (b) of section 631 

15 for such year, over 

16 ‘‘(B) the sum of the taxpayer’s losses de17 scribed in such subsections for such year. 

18 For purposes of subparagraphs (A) and (B), only 

19 timber held more than 15 years shall be taken into 

20 account.’’. 

21 (b) CONFORMING AMENDMENT.—Section 55(b) is 

22 amended by striking paragraph (4). 

23 (c) EFFECTIVE DATE.—The amendments made by this 

24 section shall apply to taxable years beginning after Decem25 ber 31, 2015. 
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1 SEC. 335. MODIFICATION OF DEFINITION OF HARD CIDER. 

2 (a) IN GENERAL.—Section 5041 of the Internal Rev3 enue Code of 1986 is amended— 

4 (1) in paragraph (6) of subsection (b), by strik5 ing ‘‘which is a still wine’’ and all that follows 

6 through ‘‘alcohol by volume’’, and 

7 (2) by adding at the end the following new sub8 section: 

9 ‘‘(g) HARD CIDER.—For purposes of subsection (b)(6), 

10 the term ‘hard cider’ means a wine— 

11 ‘‘(1) containing not more than 0.64 gram of car12 bon dioxide per hundred milliliters of wine, except 

13 that the Secretary may by regulations prescribe such 

14 tolerances to this limitation as may be reasonably 

15 necessary in good commercial practice, 

16 ‘‘(2) which is derived primarily— 

17 ‘‘(A) from apples or pears, or 

18 ‘‘(B) from— 

19 ‘‘(i) apple juice concentrate or pear 

20 juice concentrate, and 

21 ‘‘(ii) water, 

22 ‘‘(3) which contains no fruit product or fruit fla23 voring other than apple or pear, and 

24 ‘‘(4) which contains at least one-half of 1 percent 

25 and less than 8.5 percent alcohol by volume.’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply to hard cider removed during calendar 

3 years beginning after December 31, 2016. 

4 SEC. 336. CHURCH PLAN CLARIFICATION. 

5 (a) APPLICATION OF CONTROLLED GROUP RULES TO

6 CHURCH PLANS.— 

7 (1) IN GENERAL.—Section 414(c) is amended— 

8 (A) by striking ‘‘For purposes’’ and insert9 ing the following: 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), for purposes’’, and 

12 (B) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) SPECIAL RULES RELATING TO CHURCH

15 PLANS.— 

16 ‘‘(A) GENERAL RULE.—Except as provided 

17 in subparagraphs (B) and (C), for purposes of 

18 this subsection and subsection (m), an organiza19 tion that is otherwise eligible to participate in a 

20 church plan shall not be aggregated with another 

21 such organization and treated as a single em22 ployer with such other organization for a plan 

23 year beginning in a taxable year unless— 

24 ‘‘(i) one such organization provides 

25 (directly or indirectly) at least 80 percent of 
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1 the operating funds for the other organiza2 tion during the preceding taxable year of 

3 the recipient organization, and 

4 ‘‘(ii) there is a degree of common man5 agement or supervision between the organi6 zations such that the organization providing 

7 the operating funds is directly involved in 

8 the day-to-day operations of the other orga9 nization. 

10 ‘‘(B) NONQUALIFIED CHURCH-CONTROLLED

11 ORGANIZATIONS.—Notwithstanding subpara12 graph (A), for purposes of this subsection and 

13 subsection (m), an organization that is a non14 qualified church-controlled organization shall be 

15 aggregated with 1 or more other nonqualified 

16 church-controlled organizations, or with an orga17 nization that is not exempt from tax under sec18 tion 501, and treated as a single employer with 

19 such other organization, if at least 80 percent of 

20 the directors or trustees of such other organiza21 tion are either representatives of, or directly or 

22 indirectly controlled by, such nonqualified 

23 church-controlled organization. For purposes of 

24 this subparagraph, the term ‘nonqualified 

25 church-controlled organization’ means a church- 
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1 controlled tax-exempt organization described in 

2 section 501(c)(3) that is not a qualified church3 controlled organization (as defined in section 

4 3121(w)(3)(B)). 

5 ‘‘(C) PERMISSIVE AGGREGATION AMONG

6 CHURCH-RELATED ORGANIZATIONS.—The church 

7 or convention or association of churches with 

8 which an organization described in subpara9 graph (A) is associated (within the meaning of 

10 subsection (e)(3)(D)), or an organization des11 ignated by such church or convention or associa12 tion of churches, may elect to treat such organi13 zations as a single employer for a plan year. 

14 Such election, once made, shall apply to all suc15 ceeding plan years unless revoked with notice 

16 provided to the Secretary in such manner as the 

17 Secretary shall prescribe. 

18 ‘‘(D) PERMISSIVE DISAGGREGATION OF

19 CHURCH-RELATED ORGANIZATIONS.—For pur20 poses of subparagraph (A), in the case of a 

21 church plan, an employer may elect to treat 

22 churches (as defined in section 403(b)(12)(B)) 

23 separately from entities that are not churches (as 

24 so defined), without regard to whether such enti25 ties maintain separate church plans. Such elec-
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1 tion, once made, shall apply to all succeeding 

2 plan years unless revoked with notice provided to 

3 the Secretary in such manner as the Secretary 

4 shall prescribe.’’. 

5 (2) CLARIFICATION RELATING TO APPLICATION

6 OF ANTI-ABUSE RULE.—The rule of 26 CFR 1.414(c)– 

7 5(f) shall continue to apply to each paragraph of sec8 tion 414(c) of the Internal Revenue Code of 1986, as 

9 amended by paragraph (1). 

10 (3) EFFECTIVE DATE.—The amendments made 

11 by paragraph (1) shall apply to years beginning be12 fore, on, or after the date of the enactment of this Act. 

13 (b) APPLICATION OF CONTRIBUTION AND FUNDING

14 LIMITATIONS TO 403(b) GRANDFATHERED DEFINED BEN15 EFIT PLANS.— 

16 (1) IN GENERAL.—Section 251(e)(5) of the Tax 

17 Equity and Fiscal Responsibility Act of 1982 (Public 

18 Law 97–248), is amended— 

19 (A) by striking ‘‘403(b)(2)’’ and inserting 

20 ‘‘403(b)’’, and 

21 (B) by inserting before the period at the end 

22 the following: ‘‘, and shall be subject to the appli23 cable limitations of section 415(b) of such Code 

24 as if it were a defined benefit plan under section 
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1 401(a) of such Code (and not to the limitations 

2 of section 415(c) of such Code).’’. 

3 (2) EFFECTIVE DATE.—The amendments made 

4 by this subsection shall apply to years beginning be5 fore, on, or after the date of the enactment of this Act. 

6 (c) AUTOMATIC ENROLLMENT BY CHURCH PLANS.— 

7 (1) IN GENERAL.—This subsection shall super8 sede any law of a State that relates to wage, salary, 

9 or payroll payment, collection, deduction, garnish10 ment, assignment, or withholding which would di11 rectly or indirectly prohibit or restrict the inclusion 

12 in any church plan (as defined in section 414(e) of 

13 the Internal Revenue Code of 1986) of an automatic 

14 contribution arrangement. 

15 (2) DEFINITION OF AUTOMATIC CONTRIBUTION

16 ARRANGEMENT.—For purposes of this subsection, the 

17 term ‘‘automatic contribution arrangement’’ means 

18 an arrangement— 

19 (A) under which a participant may elect to 

20 have the plan sponsor or the employer make pay21 ments as contributions under the plan on behalf 

22 of the participant, or to the participant directly 

23 in cash, 

24 (B) under which a participant is treated as 

25 having elected to have the plan sponsor or the 
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1 employer make such contributions in an amount 

2 equal to a uniform percentage of compensation 

3 provided under the plan until the participant 

4 specifically elects not to have such contributions 

5 made (or specifically elects to have such con6 tributions made at a different percentage), and 

7 (C) under which the notice and election re8 quirements of paragraph (3), and the investment 

9 requirements of paragraph (4), are satisfied. 

10 (3) NOTICE REQUIREMENTS.— 

11 (A) IN GENERAL.—The plan sponsor of, or 

12 plan administrator or employer maintaining, an 

13 automatic contribution arrangement shall, with14 in a reasonable period before the first day of 

15 each plan year, provide to each participant to 

16 whom the arrangement applies for such plan 

17 year notice of the participant’s rights and obli18 gations under the arrangement which— 

19 (i) is sufficiently accurate and com20 prehensive to apprise the participant of 

21 such rights and obligations, and 

22 (ii) is written in a manner calculated 

23 to be understood by the average participant 

24 to whom the arrangement applies. 
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1 (B) ELECTION REQUIREMENTS.—A notice 

2 shall not be treated as meeting the requirements 

3 of subparagraph (A) with respect to a partici4 pant unless— 

5 (i) the notice includes an explanation 

6 of the participant’s right under the arrange7 ment not to have elective contributions 

8 made on the participant’s behalf (or to elect 

9 to have such contributions made at a dif10 ferent percentage), 

11 (ii) the participant has a reasonable 

12 period of time, after receipt of the expla13 nation described in clause (i) and before the 

14 first elective contribution is made, to make 

15 such election, and 

16 (iii) the notice explains how contribu17 tions made under the arrangement will be 

18 invested in the absence of any investment 

19 election by the participant. 

20 (4) DEFAULT INVESTMENT.—If no affirmative 

21 investment election has been made with respect to any 

22 automatic contribution arrangement, contributions to 

23 such arrangement shall be invested in a default in24 vestment selected with the care, skill, prudence, and 
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1 diligence that a prudent person selecting an invest2 ment option would use. 

3 (5) EFFECTIVE DATE.—This subsection shall take 

4 effect on the date of the enactment of this Act. 

5 (d) ALLOW CERTAIN PLAN TRANSFERS AND MERG6 ERS.— 

7 (1) IN GENERAL.—Section 414 is amended by 

8 adding at the end the following new subsection: 

9 ‘‘(z) CERTAIN PLAN TRANSFERS AND MERGERS.— 

10 ‘‘(1) IN GENERAL.—Under rules prescribed by 

11 the Secretary, except as provided in paragraph (2), 

12 no amount shall be includible in gross income by rea13 son of— 

14 ‘‘(A) a transfer of all or a portion of the ac15 crued benefit of a participant or beneficiary, 

16 whether or not vested, from a church plan that 

17 is a plan described in section 401(a) or an an18 nuity contract described in section 403(b) to an 

19 annuity contract described in section 403(b), if 

20 such plan and annuity contract are both main21 tained by the same church or convention or asso22 ciation of churches, 

23 ‘‘(B) a transfer of all or a portion of the ac24 crued benefit of a participant or beneficiary, 

25 whether or not vested, from an annuity contract 
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1 described in section 403(b) to a church plan that 

2 is a plan described in section 401(a), if such 

3 plan and annuity contract are both maintained 

4 by the same church or convention or association 

5 of churches, or 

6 ‘‘(C) a merger of a church plan that is a 

7 plan described in section 401(a), or an annuity 

8 contract described in section 403(b), with an an9 nuity contract described in section 403(b), if 

10 such plan and annuity contract are both main11 tained by the same church or convention or asso12 ciation of churches. 

13 ‘‘(2) LIMITATION.—Paragraph (1) shall not 

14 apply to a transfer or merger unless the participant’s 

15 or beneficiary’s total accrued benefit immediately 

16 after the transfer or merger is equal to or greater than 

17 the participant’s or beneficiary’s total accrued benefit 

18 immediately before the transfer or merger, and such 

19 total accrued benefit is nonforfeitable after the trans20 fer or merger. 

21 ‘‘(3) QUALIFICATION.—A plan or annuity con22 tract shall not fail to be considered to be described in 

23 section 401(a) or 403(b) merely because such plan or 

24 annuity contract engages in a transfer or merger de25 scribed in this subsection. 
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1 ‘‘(4) DEFINITIONS.—For purposes of this sub2 section— 

3 ‘‘(A) CHURCH OR CONVENTION OR ASSOCIA4 TION OF CHURCHES.—The term ‘church or con5 vention or association of churches’ includes an 

6 organization described in subparagraph (A) or 

7 (B)(ii) of subsection (e)(3). 

8 ‘‘(B) ANNUITY CONTRACT.—The term ‘an9 nuity contract’ includes a custodial account de10 scribed in section 403(b)(7) and a retirement in11 come account described in section 403(b)(9). 

12 ‘‘(C) ACCRUED BENEFIT.—The term ‘ac13 crued benefit’ means— 

14 ‘‘(i) in the case of a defined benefit 

15 plan, the employee’s accrued benefit deter16 mined under the plan, and 

17 ‘‘(ii) in the case of a plan other than 

18 a defined benefit plan, the balance of the 

19 employee’s account under the plan.’’. 

20 (2) EFFECTIVE DATE.—The amendment made by 

21 this subsection shall apply to transfers or mergers oc22 curring after the date of the enactment of this Act. 

23 (e) INVESTMENTS BY CHURCH PLANS IN COLLECTIVE

24 TRUSTS.— 

25 (1) IN GENERAL.—In the case of— 
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1 (A) a church plan (as defined in section 

2 414(e) of the Internal Revenue Code of 1986), in3 cluding a plan described in section 401(a) of 

4 such Code and a retirement income account de5 scribed in section 403(b)(9) of such Code, and 

6 (B) an organization described in section 

7 414(e)(3)(A) of such Code the principal purpose 

8 or function of which is the administration of 

9 such a plan or account, 

10 the assets of such plan, account, or organization (in11 cluding any assets otherwise permitted to be commin12 gled for investment purposes with the assets of such 

13 a plan, account, or organization) may be invested in 

14 a group trust otherwise described in Internal Revenue 

15 Service Revenue Ruling 81–100 (as modified by In16 ternal Revenue Service Revenue Rulings 2004–67, 

17 2011–1, and 2014–24), or any subsequent revenue 

18 ruling that supersedes or modifies such revenue rul19 ing, without adversely affecting the tax status of the 

20 group trust, such plan, account, or organization, or 

21 any other plan or trust that invests in the group 

22 trust. 

23 (2) EFFECTIVE DATE.—This subsection shall 

24 apply to investments made after the date of the enact25 ment of this Act. 
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1 Subtitle D—Revenue Provisions 

2 SEC. 341. UPDATED ASHRAE STANDARDS FOR ENERGY EFFI3 CIENT COMMERCIAL BUILDINGS DEDUCTION. 

4 (a) IN GENERAL.—Paragraph (1) of section 179D(c) 

5 is amended by striking ‘‘Standard 90.1–2001’’ each place 

6 it appears and inserting ‘‘Standard 90.1–2007’’. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) Paragraph (2) of section 179D(c) is amended 

9 to read as follows: 

10 ‘‘(2) STANDARD 90.1–2007.—The term ‘Standard 

11 90.1–2007’ means Standard 90.1–2007 of the Amer12 ican Society of Heating, Refrigerating, and Air Con13 ditioning Engineers and the Illuminating Engineer14 ing Society of North America (as in effect on the day 

15 before the date of the adoption of Standard 90.1–2010 

16 of such Societies).’’. 

17 (2) Subsection (f) of section 179D is amended by 

18 striking ‘‘Standard 90.1–2001’’ each place it appears 

19 in paragraphs (1) and (2)(C)(i) and inserting 

20 ‘‘Standard 90.1–2007’’. 

21 (3) Paragraph (1) of section 179D(f) is amend22 ed— 

23 (A) by striking ‘‘Table 9.3.1.1’’ and insert24 ing ‘‘Table 9.5.1’’, and 
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1 (B) by striking ‘‘Table 9.3.1.2’’ and insert2 ing ‘‘Table 9.6.1’’. 

3 (c) EFFECTIVE DATE.—The amendments made by this 

4 subsection shall apply to property placed in service after 

5 December 31, 2015. 

6 SEC. 342. EXCISE TAX CREDIT EQUIVALENCY FOR 

7 LIQUIFIED PETROLEUM GAS AND LIQUIFIED 

8 NATURAL GAS. 

9 (a) IN GENERAL.—Section 6426 is amended by adding 

10 at the end the following new subsection: 

11 ‘‘(j) ENERGY EQUIVALENCY DETERMINATIONS FOR

12 LIQUEFIED PETROLEUM GAS AND LIQUEFIED NATURAL

13 GAS.—For purposes of determining any credit under this 

14 section, any reference to the number of gallons of an alter15 native fuel or the gasoline gallon equivalent of such a fuel 

16 shall be treated as a reference to— 

17 ‘‘(1) in the case of liquefied petroleum gas, the 

18 energy equivalent of a gallon of gasoline, as defined 

19 in section 4041(a)(2)(C), and 

20 ‘‘(2) in the case of liquefied natural gas, the en21 ergy equivalent of a gallon of diesel, as defined in sec22 tion 4041(a)(2)(D).’’. 

23 (b) EFFECTIVE DATE.—The amendments made by this 

24 section shall apply to fuel sold or used after December 31, 

25 2015. 
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1 SEC. 343. EXCLUSION FROM GROSS INCOME OF CERTAIN 

2 CLEAN COAL POWER GRANTS TO NON-COR3 PORATE TAXPAYERS. 

4 (a) GENERAL RULE.—In the case of an eligible tax5 payer other than a corporation, gross income for purposes 

6 of the Internal Revenue Code of 1986 shall not include any 

7 amount received under section 402 of the Energy Policy Act 

8 of 2005. 

9 (b) REDUCTION IN BASIS.—The basis of any property 

10 subject to the allowance for depreciation under the Internal 

11 Revenue Code of 1986 which is acquired with any amount 

12 to which subsection (a) applies during the 12-month period 

13 beginning on the day such amount is received shall be re14 duced by an amount equal to such amount. The excess (if 

15 any) of such amount over the amount of the reduction under 

16 the preceding sentence shall be applied to the reduction (as 

17 of the last day of the period specified in the preceding sen18 tence) of the basis of any other property held by the tax19 payer. The particular properties to which the reductions re20 quired by this subsection are allocated shall be determined 

21 by the Secretary of the Treasury (or the Secretary’s dele22 gate) under regulations similar to the regulations under sec23 tion 362(c)(2) of such Code. 

24 (c) LIMITATION TO AMOUNTS WHICH WOULD BE CON25 TRIBUTIONS TO CAPITAL.—Subsection (a) shall not apply 

26 to any amount unless such amount, if received by a cor-
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1 poration, would be excluded from gross income under sec2 tion 118 of the Internal Revenue Code of 1986. 

3 (d) ELIGIBLE TAXPAYER.—For purposes of this sec4 tion, with respect to any amount received under section 402 

5 of the Energy Policy Act of 2005, the term ‘‘eligible tax6 payer’’ means a taxpayer that makes a payment to the Sec7 retary of the Treasury (or the Secretary’s delegate) equal 

8 to 1.18 percent of the amount so received. Such payment 

9 shall be made at such time and in such manner as such 

10 Secretary (or the Secretary’s delegate) shall prescribe. In 

11 the case of a partnership, such Secretary (or the Secretary’s 

12 delegate) shall prescribe regulations to determine the alloca13 tion of such payment amount among the partners. 

14 (e) EFFECTIVE DATE.—This section shall apply to 

15 amounts received under section 402 of the Energy Policy 

16 Act of 2005 in taxable years beginning after December 31, 

17 2011. 

18 SEC. 344. CLARIFICATION OF VALUATION RULE FOR EARLY 

19 TERMINATION OF CERTAIN CHARITABLE RE20 MAINDER UNITRUSTS. 

21 (a) IN GENERAL.—Section 664(e) is amended— 

22 (1) by adding at the end the following: ‘‘In the 

23 case of the early termination of a trust which is a 

24 charitable remainder unitrust by reason of subsection 

25 (d)(3), the valuation of interests in such trust for pur-
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1 poses of this section shall be made under rules similar 

2 to the rules of the preceding sentence.’’, and 

3 (2) by striking ‘‘FOR PURPOSES OF CHARITABLE

4 CONTRIBUTION’’ in the heading thereof and inserting 

5 ‘‘OF INTERESTS’’. 

6 (b) EFFECTIVE DATE.—The amendment made by this 

7 section shall apply to terminations of trusts occurring after 

8 the date of the enactment of this Act. 

9 SEC. 345. PREVENTION OF TRANSFER OF CERTAIN LOSSES 

10 FROM TAX INDIFFERENT PARTIES. 

11 (a) IN GENERAL.—Section 267(d) is amended to read 

12 as follows: 

13 ‘‘(d) AMOUNT OF GAIN WHERE LOSS PREVIOUSLY

14 DISALLOWED.— 

15 ‘‘(1) IN GENERAL.—If— 

16 ‘‘(A) in the case of a sale or exchange of 

17 property to the taxpayer a loss sustained by the 

18 transferor is not allowable to the transferor as a 

19 deduction by reason of subsection (a)(1), and 

20 ‘‘(B) the taxpayer sells or otherwise disposes 

21 of such property (or of other property the basis 

22 of which in the taxpayer’s hands is determined 

23 directly or indirectly by reference to such prop24 erty) at a gain, 
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1 then such gain shall be recognized only to the extent 

2 that it exceeds so much of such loss as is properly al3 locable to the property sold or otherwise disposed of 

4 by the taxpayer. 

5 ‘‘(2) EXCEPTION FOR WASH SALES.—Paragraph 

6 (1) shall not apply if the loss sustained by the trans7 feror is not allowable to the transferor as a deduction 

8 by reason of section 1091 (relating to wash sales). 

9 ‘‘(3) EXCEPTION FOR TRANSFERS FROM TAX IN10 DIFFERENT PARTIES.—Paragraph (1) shall not apply 

11 to the extent any loss sustained by the transferor (if 

12 allowed) would not be taken into account in deter13 mining a tax imposed under section 1 or 11 or a tax 

14 computed as provided by either of such sections.’’. 

15 (b) EFFECTIVE DATE.—The amendment made by this 

16 section shall apply to sales and other dispositions of prop17 erty acquired after December 31, 2015, by the taxpayer in 

18 a sale or exchange to which section 267(a)(1) of the Internal 

19 Revenue Code of 1986 applied. 

20 SEC. 346. TREATMENT OF CERTAIN PERSONS AS EMPLOY21 ERS WITH RESPECT TO MOTION PICTURE 

22 PROJECTS. 

23 (a) IN GENERAL.—Chapter 25 (relating to general 

24 provisions relating to employment taxes) is amended by 

25 adding at the end the following new section: 
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1 ‘‘SEC. 3512. TREATMENT OF CERTAIN PERSONS AS EMPLOY2 ERS WITH RESPECT TO MOTION PICTURE 

3 PROJECTS. 

4 ‘‘(a) IN GENERAL.—For purposes of sections 

5 3121(a)(1) and 3306(b)(1), remuneration paid to a motion 

6 picture project worker by a motion picture project employer 

7 during a calendar year shall be treated as remuneration 

8 paid with respect to employment of such worker by such 

9 employer during the calendar year. The identity of such em10 ployer for such purposes shall be determined as set forth 

11 in this section and without regard to the usual common 

12 law rules applicable in determining the employer-employee 

13 relationship. 

14 ‘‘(b) DEFINITIONS.—For purposes of this section— 

15 ‘‘(1) MOTION PICTURE PROJECT EMPLOYER.— 

16 The term ‘motion picture project employer’ means 

17 any person if— 

18 ‘‘(A) such person (directly or through affili19 ates)— 

20 ‘‘(i) is a party to a written contract 

21 covering the services of motion picture 

22 project workers with respect to motion pic23 ture projects in the course of a client’s trade 

24 or business, 

25 ‘‘(ii) is contractually obligated to pay 

26 remuneration to the motion picture project 
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1 workers without regard to payment or reim2 bursement by any other person, 

3 ‘‘(iii) controls the payment (within the 

4 meaning of section 3401(d)(1)) of remu5 neration to the motion picture project work6 ers and pays such remuneration from its 

7 own account or accounts, 

8 ‘‘(iv) is a signatory to one or more col9 lective bargaining agreements with a labor 

10 organization (as defined in 29 U.S.C. 

11 152(5)) that represents motion picture 

12 project workers, and 

13 ‘‘(v) has treated substantially all mo14 tion picture project workers that such per15 son pays as employees and not as inde16 pendent contractors during such calendar 

17 year for purposes of determining employ18 ment taxes under this subtitle, and 

19 ‘‘(B) at least 80 percent of all remuneration 

20 (to which section 3121 applies) paid by such 

21 person in such calendar year is paid to motion 

22 picture project workers. 

23 ‘‘(2) MOTION PICTURE PROJECT WORKER.—The 

24 term ‘motion picture project worker’ means any indi25 vidual who provides services on motion picture 
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1 projects for clients who are not affiliated with the mo2 tion picture project employer. 

3 ‘‘(3) MOTION PICTURE PROJECT.—The term ‘mo4 tion picture project’ means the production of any 

5 property described in section 168(f)(3). Such term 

6 does not include property with respect to which 

7 records are required to be maintained under section 

8 2257 of title 18, United States Code. 

9 ‘‘(4) AFFILIATE; AFFILIATED.—A person shall be 

10 treated as an affiliate of, or affiliated with, another 

11 person if such persons are treated as a single em12 ployer under subsection (b) or (c) of section 414.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections for 

14 such chapter 25 is amended by adding at the end the fol15 lowing new item: 

‘‘Sec. 3512. Treatment of certain persons as employers with respect to motion picture projects.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by this 

17 section shall apply to remuneration paid after December 

18 31, 2015. 

19 (d) NO INFERENCE.—Nothing in the amendments 

20 made by this section shall be construed to create any infer21 ence on the law before the date of the enactment of this Act. 
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1 TITLE IV—TAX ADMINISTRATION 

2 Subtitle A—Internal Revenue 

3 Service Reforms 

4 SEC. 401. DUTY TO ENSURE THAT INTERNAL REVENUE 

5 SERVICE EMPLOYEES ARE FAMILIAR WITH 

6 AND ACT IN ACCORD WITH CERTAIN TAX7 PAYER RIGHTS. 

8 (a) IN GENERAL.—Section 7803(a) is amended by re9 designating paragraph (3) as paragraph (4) and by insert10 ing after paragraph (2) the following new paragraph: 

11 ‘‘(3) EXECUTION OF DUTIES IN ACCORD WITH

12 TAXPAYER RIGHTS.—In discharging his duties, the 

13 Commissioner shall ensure that employees of the In14 ternal Revenue Service are familiar with and act in 

15 accord with taxpayer rights as afforded by other pro16 visions of this title, including— 

17 ‘‘(A) the right to be informed, 

18 ‘‘(B) the right to quality service, 

19 ‘‘(C) the right to pay no more than the cor20 rect amount of tax, 

21 ‘‘(D) the right to challenge the position of 

22 the Internal Revenue Service and be heard, 

23 ‘‘(E) the right to appeal a decision of the 

24 Internal Revenue Service in an independent 

25 forum, 
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1 ‘‘(F) the right to finality, 

2 ‘‘(G) the right to privacy, 

3 ‘‘(H) the right to confidentiality, 

4 ‘‘(I) the right to retain representation, and 

5 ‘‘(J) the right to a fair and just tax sys6 tem.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by this 

8 section shall take effect on the date of the enactment of this 

9 Act. 

10 SEC. 402. IRS EMPLOYEES PROHIBITED FROM USING PER11 SONAL EMAIL ACCOUNTS FOR OFFICIAL BUSI12 NESS. 

13 No officer or employee of the Internal Revenue Service 

14 may use a personal email account to conduct any official 

15 business of the Government. 

16 SEC. 403. RELEASE OF INFORMATION REGARDING THE STA17 TUS OF CERTAIN INVESTIGATIONS. 

18 (a) IN GENERAL.—Section 6103(e) is amended by add19 ing at the end the following new paragraph: 

20 ‘‘(11) DISCLOSURE OF INFORMATION REGARDING

21 STATUS OF INVESTIGATION OF VIOLATION OF THIS

22 SECTION.—In the case of a person who provides to the 

23 Secretary information indicating a violation of sec24 tion 7213, 7213A, or 7214 with respect to any return 

25 or return information of such person, the Secretary 
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1 may disclose to such person (or such person’s des2 ignee)— 

3 ‘‘(A) whether an investigation based on the 

4 person’s provision of such information has been 

5 initiated and whether it is open or closed, 

6 ‘‘(B) whether any such investigation sub7 stantiated such a violation by any individual, 

8 and 

9 ‘‘(C) whether any action has been taken 

10 with respect to such individual (including wheth11 er a referral has been made for prosecution of 

12 such individual).’’. 

13 (b) EFFECTIVE DATE.—The amendment made by this 

14 section shall apply to disclosures made on or after the date 

15 of the enactment of this Act. 

16 SEC. 404. ADMINISTRATIVE APPEAL RELATING TO ADVERSE 

17 DETERMINATIONS OF TAX-EXEMPT STATUS 

18 OF CERTAIN ORGANIZATIONS. 

19 (a) IN GENERAL.—Section 7123 is amended by adding 

20 at the end of the following: 

21 ‘‘(c) ADMINISTRATIVE APPEAL RELATING TO ADVERSE

22 DETERMINATION OF TAX-EXEMPT STATUS OF CERTAIN OR23 GANIZATIONS.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall prescribe 

25 procedures under which an organization which claims 
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1 to be described in section 501(c) may request an ad2 ministrative appeal (including a conference relating 

3 to such appeal if requested by the organization) to the 

4 Internal Revenue Service Office of Appeals of an ad5 verse determination described in paragraph (2). 

6 ‘‘(2) ADVERSE DETERMINATIONS.—For purposes 

7 of paragraph (1), an adverse determination is de8 scribed in this paragraph if such determination is ad9 verse to an organization with respect to— 

10 ‘‘(A) the initial qualification or continuing 

11 qualification of the organization as exempt from 

12 tax under section 501(a) or as an organization 

13 described in section 170(c)(2), 

14 ‘‘(B) the initial classification or continuing 

15 classification of the organization as a private 

16 foundation under section 509(a), or 

17 ‘‘(C) the initial classification or continuing 

18 classification of the organization as a private op19 erating foundation under section 4942(j)(3).’’. 

20 (b) EFFECTIVE DATE.—The amendment made by sub21 section (a) shall apply to determinations made on or after 

22 May 19, 2014. 
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1 SEC. 405. ORGANIZATIONS REQUIRED TO NOTIFY SEC2 RETARY OF INTENT TO OPERATE UNDER 

3 501(c)(4). 

4 (a) IN GENERAL.—Part I of subchapter F of chapter 

5 1 is amended by adding at the end the following new sec6 tion: 

7 ‘‘SEC. 506. ORGANIZATIONS REQUIRED TO NOTIFY SEC8 RETARY OF INTENT TO OPERATE UNDER 

9 501(c)(4). 

10 ‘‘(a) IN GENERAL.—An organization described in sec11 tion 501(c)(4) shall, not later than 60 days after the organi12 zation is established, notify the Secretary (in such manner 

13 as the Secretary shall by regulation prescribe) that it is 

14 operating as such. 

15 ‘‘(b) CONTENTS OF NOTICE.—The notice required 

16 under subsection (a) shall include the following informa17 tion: 

18 ‘‘(1) The name, address, and taxpayer identifica19 tion number of the organization. 

20 ‘‘(2) The date on which, and the State under the 

21 laws of which, the organization was organized. 

22 ‘‘(3) A statement of the purpose of the organiza23 tion. 

24 ‘‘(c) ACKNOWLEDGMENT OF RECEIPT.—Not later than 

25 60 days after receipt of such a notice, the Secretary shall 

26 send to the organization an acknowledgment of such receipt. 
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1 ‘‘(d) EXTENSION FOR REASONABLE CAUSE.—The Sec2 retary may, for reasonable cause, extend the 60-day period 

3 described in subsection (a). 

4 ‘‘(e) USER FEE.—The Secretary shall impose a reason5 able user fee for submission of the notice under subsection 

6 (a). 

7 ‘‘(f) REQUEST FOR DETERMINATION.—Upon request 

8 by an organization to be treated as an organization de9 scribed in section 501(c)(4), the Secretary may issue a de10 termination with respect to such treatment. Such request 

11 shall be treated for purposes of section 6104 as an applica12 tion for exemption from taxation under section 501(a).’’. 

13 (b) SUPPORTING INFORMATION WITH FIRST RE14 TURN.—Section 6033(f) is amended— 

15 (1) by striking the period at the end and insert16 ing ‘‘, and’’, 

17 (2) by striking ‘‘include on the return required 

18 under subsection (a) the information’’ and inserting 

19 the following: ‘‘include on the return required under 

20 subsection (a)— 

21 ‘‘(1) the information’’, and 

22 (3) by adding at the end the following new para23 graph: 

24 ‘‘(2) in the case of the first such return filed by 

25 such an organization after submitting a notice to the 
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1 Secretary under section 506(a), such information as 

2 the Secretary shall by regulation require in support 

3 of the organization’s treatment as an organization de4 scribed in section 501(c)(4).’’. 

5 (c) FAILURE TO FILE INITIAL NOTIFICATION.—Sec6 tion 6652(c) is amended by redesignating paragraphs (4), 

7 (5), and (6) as paragraphs (5), (6), and (7), respectively, 

8 and by inserting after paragraph (3) the following new 

9 paragraph: 

10 ‘‘(4) NOTICES UNDER SECTION 506.— 

11 ‘‘(A) PENALTY ON ORGANIZATION.—In the 

12 case of a failure to submit a notice required 

13 under section 506(a) (relating to organizations 

14 required to notify Secretary of intent to operate 

15 as 501(c)(4)) on the date and in the manner pre16 scribed therefor, there shall be paid by the orga17 nization failing to so submit $20 for each day 

18 during which such failure continues, but the 

19 total amount imposed under this subparagraph 

20 on any organization for failure to submit any 

21 one notice shall not exceed $5,000. 

22 ‘‘(B) MANAGERS.—The Secretary may make 

23 written demand on an organization subject to 

24 penalty under subparagraph (A) specifying in 

25 such demand a reasonable future date by which 
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1 the notice shall be submitted for purposes of this 

2 subparagraph. If such notice is not submitted on 

3 or before such date, there shall be paid by the 

4 person failing to so submit $20 for each day 

5 after the expiration of the time specified in the 

6 written demand during which such failure con7 tinues, but the total amount imposed under this 

8 subparagraph on all persons for failure to sub9 mit any one notice shall not exceed $5,000.’’. 

10 (d) CLERICAL AMENDMENT.—The table of sections for 

11 part I of subchapter F of chapter 1 is amended by adding 

12 at the end the following new item: 

‘‘Sec. 506. Organizations required to notify Secretary of intent to operate under 

501(c)(4).’’. 

13 (e) LIMITATION.—Notwithstanding any other provi14 sion of law, any fees collected pursuant to section 506(e) 

15 of the Internal Revenue Code of 1986, as added by sub16 section (a), shall not be expended by the Secretary of the 

17 Treasury or the Secretary’s delegate unless provided by an 

18 appropriations Act. 

19 (f) EFFECTIVE DATE.— 

20 (1) IN GENERAL.—The amendments made by 

21 this section shall apply to organizations which are de22 scribed in section 501(c)(4) of the Internal Revenue 

23 Code of 1986 and organized after the date of the en24 actment of this Act. 
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1 (2) CERTAIN EXISTING ORGANIZATIONS.—In the 

2 case of any other organization described in section 

3 501(c)(4) of such Code, the amendments made by this 

4 section shall apply to such organization only if, on or 

5 before the date of the enactment of this Act— 

6 (A) such organization has not applied for a 

7 written determination of recognition as an orga8 nization described in section 501(c)(4) of such 

9 Code, and 

10 (B) such organization has not filed at least 

11 one annual return or notice required under sub12 section (a)(1) or (i) (as the case may be) of sec13 tion 6033 of such Code. 

14 In the case of any organization to which the amend15 ments made by this section apply by reason of the 

16 preceding sentence, such organization shall submit the 

17 notice required by section 506(a) of such Code, as 

18 added by this Act, not later than 180 days after the 

19 date of the enactment of this Act. 

20 SEC. 406. DECLARATORY JUDGMENTS FOR 501(c)(4) AND 

21 OTHER EXEMPT ORGANIZATIONS. 

22 (a) IN GENERAL.—Section 7428(a)(1) is amended by 

23 striking ‘‘or’’ at the end of subparagraph (C) and by insert24 ing after subparagraph (D) the following new subpara25 graph: 
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1 ‘‘(E) with respect to the initial qualification 

2 or continuing qualification of an organization as 

3 an organization described in section 501(c) 

4 (other than paragraph (3)) or 501(d) and ex5 empt from tax under section 501(a), or’’. 

6 (b) EFFECTIVE DATE.—The amendments made by this 

7 section shall apply to pleadings filed after the date of the 

8 enactment of this Act. 

9 SEC. 407. TERMINATION OF EMPLOYMENT OF INTERNAL 

10 REVENUE SERVICE EMPLOYEES FOR TAKING 

11 OFFICIAL ACTIONS FOR POLITICAL PUR12 POSES. 

13 (a) IN GENERAL.—Paragraph (10) of section 1203(b) 

14 of the Internal Revenue Service Restructuring and Reform 

15 Act of 1998 is amended to read as follows: 

16 ‘‘(10) performing, delaying, or failing to perform 

17 (or threatening to perform, delay, or fail to perform) 

18 any official action (including any audit) with respect 

19 to a taxpayer for purpose of extracting personal gain 

20 or benefit or for a political purpose.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by this 

22 section shall take effect on the date of the enactment of this 

23 Act. 
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1 SEC. 408. GIFT TAX NOT TO APPLY TO CONTRIBUTIONS TO 

2 CERTAIN EXEMPT ORGANIZATIONS. 

3 (a) IN GENERAL.—Section 2501(a) is amended by 

4 adding at the end the following new paragraph: 

5 ‘‘(6) TRANSFERS TO CERTAIN EXEMPT ORGANI6 ZATIONS.—Paragraph (1) shall not apply to the 

7 transfer of money or other property to an organiza8 tion described in paragraph (4), (5), or (6) of section 

9 501(c) and exempt from tax under section 501(a), for 

10 the use of such organization.’’. 

11 (b) EFFECTIVE DATE.—The amendment made by sub12 section (a) shall apply to gifts made after the date of the 

13 enactment of this Act. 

14 (c) NO INFERENCE.—Nothing in the amendment made 

15 by subsection (a) shall be construed to create any inference 

16 with respect to whether any transfer of property (whether 

17 made before, on, or after the date of the enactment of this 

18 Act) to an organization described in paragraph (4), (5), 

19 or (6) of section 501(c) of the Internal Revenue Code of 1986 

20 is a transfer of property by gift for purposes of chapter 12 

21 of such Code. 
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1 SEC. 409. EXTEND INTERNAL REVENUE SERVICE AUTHOR2 ITY TO REQUIRE TRUNCATED SOCIAL SECU3 RITY NUMBERS ON FORM W–2. 

4 (a) WAGES.—Section 6051(a)(2) is amended by strik5 ing ‘‘his social security account number’’ and inserting ‘‘an 

6 identifying number for the employee’’. 

7 (b) EFFECTIVE DATE.—The amendment made by this 

8 section shall take effect on the date of the enactment of this 

9 Act. 

10 SEC. 410. CLARIFICATION OF ENROLLED AGENT CREDEN11 TIALS. 

12 Section 330 of title 31, United States Code, is amend13 ed— 

14 (1) by redesignating subsections (b), (c), and (d) 

15 as subsections (c), (d), and (e), respectively, and 

16 (2) by inserting after subsection (a) the following 

17 new subsection: 

18 ‘‘(b) Any enrolled agents properly licensed to practice 

19 as required under rules promulgated under subsection (a) 

20 shall be allowed to use the credentials or designation of ‘en21 rolled agent’, ‘EA’, or ‘E.A.’.’’. 

22 SEC. 411. PARTNERSHIP AUDIT RULES. 

23 (a) CORRECTION AND CLARIFICATION TO MODIFICA24 TIONS TO IMPUTED UNDERPAYMENTS.— 

25 (1) Section 6225(c)(4)(A)(i) is amended by strik26 ing ‘‘in the case of ordinary income,’’. 
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1 (2) Section 6225(c) is amended by redesignating 

2 paragraphs (5) through (7) as paragraphs (6) 

3 through (8), respectively, and by inserting after para4 graph (4) the following new paragraph: 

5 ‘‘(5) CERTAIN PASSIVE LOSSES OF PUBLICLY

6 TRADED PARTNERSHIPS.— 

7 ‘‘(A) IN GENERAL.—In the case of a pub8 licly traded partnership (as defined in section 

9 469(k)(2)), such procedures shall provide— 

10 ‘‘(i) for determining the imputed un11 derpayment without regard to the portion 

12 thereof that the partnership demonstrates is 

13 attributable to a net decrease in a specified 

14 passive activity loss which is allocable to a 

15 specified partner, and 

16 ‘‘(ii) for the partnership to take such 

17 net decrease into account as an adjustment 

18 in the adjustment year with respect to the 

19 specified partners to which such net de20 crease relates. 

21 ‘‘(B) SPECIFIED PASSIVE ACTIVITY LOSS.— 

22 For purposes of this paragraph, the term ‘speci23 fied passive activity loss’ means, with respect to 

24 any specified partner of such publicly traded 

25 partnership, the lesser of— 
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1 ‘‘(i) the passive activity loss of such 

2 partner which is separately determined 

3 with respect to such partnership under sec4 tion 469(k) with respect to such partner’s 

5 taxable year in which or with which the re6 viewed year of such partnership ends, or 

7 ‘‘(ii) such passive activity loss so deter8 mined with respect to such partner’s taxable 

9 year in which or with which the adjustment 

10 year of such partnership ends. 

11 ‘‘(C) SPECIFIED PARTNER.—For purposes of 

12 this paragraph, the term ‘specified partner’ 

13 means any person if such person— 

14 ‘‘(i) is a partner of the publicly traded 

15 partnership referred to in subparagraph 

16 (A), 

17 ‘‘(ii) is described in section 469(a)(2), 

18 and 

19 ‘‘(iii) has a specified passive activity 

20 loss with respect to such publicly traded 

21 partnership, 

22 with respect to each taxable year of such person 

23 which is during the period beginning with the 

24 taxable year of such person in which or with 

25 which the reviewed year of such publicly traded 
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1 partnership ends and ending with the taxable 

2 year of such person in which or with which the 

3 adjustment year of such publicly traded partner4 ship ends.’’. 

5 (b) CORRECTION AND CLARIFICATION TO JUDICIAL

6 REVIEW OF PARTNERSHIP ADJUSTMENT .— 

7 (1) Section 6226 is amended by adding at the 

8 end the following new subsection: 

9 ‘‘(d) JUDICIAL REVIEW.—For the time period within 

10 which a partnership may file a petition for a readjustment, 

11 see section 6234(a).’’. 

12 (2) Subsections (a)(3), (b)(1), and (d) of section 

13 6234 are each amended by striking ‘‘the Claims 

14 Court’’ and inserting ‘‘the Court of Federal Claims’’. 

15 (3) The heading for section 6234(b) is amended 

16 by striking ‘‘CLAIMS COURT’’ and inserting ‘‘COURT

17 OF FEDERAL CLAIMS’’. 

18 (c) CORRECTION AND CLARIFICATION TO PERIOD OF

19 LIMITATIONS ON MAKING ADJUSTMENTS.— 

20 (1) Section 6235(a)(2) is amended by striking 

21 ‘‘paragraph (4)’’ and inserting ‘‘paragraph (7)’’. 

22 (2) Section 6235(a)(3) is amended by striking 

23 ‘‘270 days’’ and inserting ‘‘330 days (plus the number 

24 of days of any extension consented to by the Secretary 

25 under section 6225(c)(7)’’. 
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1 (d) TECHNICAL AMENDMENT.—Section 6031(b) is 

2 amended by striking the last sentence and inserting the fol3 lowing: ‘‘Except as provided in the procedures under section 

4 6225(c), with respect to statements under section 6226, or 

5 as otherwise provided by the Secretary, information re6 quired to be furnished by the partnership under this sub7 section may not be amended after the due date of the return 

8 under subsection (a) to which such information relates.’’. 

9 (e) EFFECTIVE DATE.—The amendments made by this 

10 section shall take effect as if included in section 1101 of 

11 the Bipartisan Budget Act of 2015. 

12 Subtitle B—United States Tax 

13 Court 

14 PART 1—TAXPAYER ACCESS TO UNITED STATES 

15 TAX COURT 

16 SEC. 421. FILING PERIOD FOR INTEREST ABATEMENT 

17 CASES. 

18 (a) IN GENERAL.—Subsection (h) of section 6404 is 

19 amended— 

20 (1) by striking ‘‘REVIEW OF DENIAL’’ in the 

21 heading and inserting ‘‘JUDICIAL REVIEW’’, and 

22 (2) by striking ‘‘if such action is brought’’ and 

23 all that follows in paragraph (1) and inserting ‘‘if 

24 such action is brought— 

25 ‘‘(A) at any time after the earlier of— 
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1 ‘‘(i) the date of the mailing of the Sec2 retary’s final determination not to abate 

3 such interest, or 

4 ‘‘(ii) the date which is 180 days after 

5 the date of the filing with the Secretary (in 

6 such form as the Secretary may prescribe) 

7 of a claim for abatement under this section, 

8 and 

9 ‘‘(B) not later than the date which is 180 

10 days after the date described in subparagraph 

11 (A)(i).’’. 

12 (b) EFFECTIVE DATE.—The amendments made by this 

13 section shall apply to claims for abatement of interest filed 

14 with the Secretary of the Treasury after the date of the en15 actment of this Act. 

16 SEC. 422. SMALL TAX CASE ELECTION FOR INTEREST 

17 ABATEMENT CASES. 

18 (a) IN GENERAL.—Subsection (f) of section 7463 is 

19 amended— 

20 (1) by striking ‘‘and’’ at the end of paragraph 

21 (1), 

22 (2) by striking the period at the end of para23 graph (2) and inserting ‘‘, and’’, and 

24 (3) by adding at the end the following new para25 graph: 
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1 ‘‘(3) a petition to the Tax Court under section 

2 6404(h) in which the amount of the abatement sought 

3 does not exceed $50,000.’’. 

4 (b) EFFECTIVE DATE.—The amendments made by this 

5 section shall apply to cases pending as of the day after the 

6 date of the enactment of this Act, and cases commenced after 

7 such date of enactment. 

8 SEC. 423. VENUE FOR APPEAL OF SPOUSAL RELIEF AND 

9 COLLECTION CASES. 

10 (a) IN GENERAL.—Paragraph (1) of section 7482(b) 

11 is amended— 

12 (1) by striking ‘‘or’’ at the end of subparagraph 

13 (D), 

14 (2) by striking the period at the end of subpara15 graph (E), and 

16 (3) by inserting after subparagraph (E) the fol17 lowing new subparagraphs: 

18 ‘‘(F) in the case of a petition under section 

19 6015(e), the legal residence of the petitioner, or 

20 ‘‘(G) in the case of a petition under section 

21 6320 or 6330— 

22 ‘‘(i) the legal residence of the petitioner 

23 if the petitioner is an individual, and 
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1 ‘‘(ii) the principal place of business or 

2 principal office or agency if the petitioner 

3 is an entity other than an individual.’’. 

4 (b) EFFECTIVE DATE.— 

5 (1) IN GENERAL.—The amendments made by 

6 this section shall apply to petitions filed after the date 

7 of enactment of this Act. 

8 (2) EFFECT ON EXISTING PROCEEDINGS.—Noth9 ing in this section shall be construed to create any in10 ference with respect to the application of section 7482 

11 of the Internal Revenue Code of 1986 with respect to 

12 court proceedings filed on or before the date of the en13 actment of this Act. 

14 SEC. 424. SUSPENSION OF RUNNING OF PERIOD FOR FIL15 ING PETITION OF SPOUSAL RELIEF AND COL16 LECTION CASES. 

17 (a) PETITIONS FOR SPOUSAL RELIEF.— 

18 (1) IN GENERAL.—Subsection (e) of section 6015 

19 is amended by adding at the end the following new 

20 paragraph: 

21 ‘‘(6) SUSPENSION OF RUNNING OF PERIOD FOR

22 FILING PETITION IN TITLE 11 CASES.—In the case of 

23 a person who is prohibited by reason of a case under 

24 title 11, United States Code, from filing a petition 

25 under paragraph (1)(A) with respect to a final deter-
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1 mination of relief under this section, the running of 

2 the period prescribed by such paragraph for filing 

3 such a petition with respect to such final determina4 tion shall be suspended for the period during which 

5 the person is so prohibited from filing such a petition, 

6 and for 60 days thereafter.’’. 

7 (2) EFFECTIVE DATE.—The amendment made by 

8 this subsection shall apply to petitions filed under 

9 section 6015(e) of the Internal Revenue Code of 1986 

10 after the date of the enactment of this Act. 

11 (b) COLLECTION PROCEEDINGS.— 

12 (1) IN GENERAL.—Subsection (d) of section 6330 

13 is amended— 

14 (A) by striking ‘‘appeal such determination 

15 to the Tax Court’’ in paragraph (1) and insert16 ing ‘‘petition the Tax Court for review of such 

17 determination’’, 

18 (B) by striking ‘‘JUDICIAL REVIEW OF DE19 TERMINATION’’ in the heading of paragraph (1) 

20 and inserting ‘‘PETITION FOR REVIEW BY TAX

21 COURT’’, 

22 (C) by redesignating paragraph (2) as 

23 paragraph (3), and 

24 (D) by inserting after paragraph (1) the fol25 lowing new paragraph: 
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1 ‘‘(2) SUSPENSION OF RUNNING OF PERIOD FOR

2 FILING PETITION IN TITLE 11 CASES.—In the case of 

3 a person who is prohibited by reason of a case under 

4 title 11, United States Code, from filing a petition 

5 under paragraph (1) with respect to a determination 

6 under this section, the running of the period pre7 scribed by such subsection for filing such a petition 

8 with respect to such determination shall be suspended 

9 for the period during which the person is so prohib10 ited from filing such a petition, and for 30 days 

11 thereafter, and’’. 

12 (2) EFFECTIVE DATE.—The amendments made 

13 by this subsection shall apply to petitions filed under 

14 section 6330 of the Internal Revenue Code of 1986 

15 after the date of the enactment of this Act. 

16 (c) CONFORMING AMENDMENT.—Subsection (c) of sec17 tion 6320 is amended by striking ‘‘(2)(B)’’ and inserting 

18 ‘‘(3)(B)’’. 

19 SEC. 425. APPLICATION OF FEDERAL RULES OF EVIDENCE. 

20 (a) IN GENERAL.—Section 7453 is amended by strik21 ing ‘‘the rules of evidence applicable in trials without a jury 

22 in the United States District Court of the District of Colum23 bia’’ and inserting ‘‘the Federal Rules of Evidence’’. 

24 (b) EFFECTIVE DATE.—The amendment made by this 

25 section shall apply to proceedings commenced after the date 
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1 of the enactment of this Act and, to the extent that it is 

2 just and practicable, to all proceedings pending on such 

3 date. 

4 PART 2—UNITED STATES TAX COURT 

5 ADMINISTRATION 

6 SEC. 431. JUDICIAL CONDUCT AND DISABILITY PROCE7 DURES. 

8 (a) IN GENERAL.—Part II of subchapter C of chapter 

9 76 is amended by adding at the end the following new sec10 tion: 

11 ‘‘SEC. 7466. JUDICIAL CONDUCT AND DISABILITY PROCE12 DURES. 

13 ‘‘(a) IN GENERAL.—The Tax Court shall prescribe 

14 rules, consistent with the provisions of chapter 16 of title 

15 28, United States Code, establishing procedures for the fil16 ing of complaints with respect to the conduct of any judge 

17 or special trial judge of the Tax Court and for the investiga18 tion and resolution of such complaints. In investigating 

19 and taking action with respect to any such complaint, the 

20 Tax Court shall have the powers granted to a judicial coun21 cil under such chapter. 

22 ‘‘(b) JUDICIAL COUNCIL.—The provisions of sections 

23 354(b) through 360 of title 28, United States Code, regard24 ing referral or certification to, and petition for review in 

25 the Judicial Conference of the United States, and action 
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1 thereon, shall apply to the exercise by the Tax Court of the 

2 powers of a judicial council under subsection (a). The deter3 mination pursuant to section 354(b) or 355 of title 28, 

4 United States Code, shall be made based on the grounds 

5 for removal of a judge from office under section 7443(f), 

6 and certification and transmittal by the Conference of any 

7 complaint shall be made to the President for consideration 

8 under section 7443(f). 

9 ‘‘(c) HEARINGS.— 

10 ‘‘(1) IN GENERAL.—In conducting hearings pur11 suant to subsection (a), the Tax Court may exercise 

12 the authority provided under section 1821 of title 28, 

13 United States Code, to pay the fees and allowances 

14 described in that section. 

15 ‘‘(2) REIMBURSEMENT FOR EXPENSES.—The 

16 Tax Court shall have the power provided under sec17 tion 361 of such title 28 to award reimbursement for 

18 the reasonable expenses described in that section. Re19 imbursements under this paragraph shall be made out 

20 of any funds appropriated for purposes of the Tax 

21 Court.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections for 

23 part II of subchapter C of chapter 76 is amended by adding 

24 at the end the following new item: 

‘‘Sec. 7466. Judicial conduct and disability procedures.’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply to proceedings commenced after the date 

3 which is 180 days after the date of the enactment of this 

4 Act and, to the extent just and practicable, all proceedings 

5 pending on such date. 

6 SEC. 432. ADMINISTRATION, JUDICIAL CONFERENCE, AND 

7 FEES. 

8 (a) IN GENERAL.—Part III of subchapter C of chapter 

9 76 is amended by inserting before section 7471 the following 

10 new sections: 

11 ‘‘SEC. 7470. ADMINISTRATION. 

12 ‘‘Notwithstanding any other provision of law, the Tax 

13 Court may exercise, for purposes of management, adminis14 tration, and expenditure of funds of the Court, the authori15 ties provided for such purposes by any provision of law (in16 cluding any limitation with respect to such provision of 

17 law) applicable to a court of the United States (as that term 

18 is defined in section 451 of title 28, United States Code), 

19 except to the extent that such provision of law is incon20 sistent with a provision of this subchapter. 

21 ‘‘SEC. 7470A. JUDICIAL CONFERENCE. 

22 ‘‘(a) JUDICIAL CONFERENCE.—The chief judge may 

23 summon the judges and special trial judges of the Tax Court 

24 to an annual judicial conference, at such time and place 

25 as the chief judge shall designate, for the purpose of consid-
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1 ering the business of the Tax Court and recommending 

2 means of improving the administration of justice within 

3 the jurisdiction of the Tax Court. The Tax Court shall pro4 vide by its rules for representation and active participation 

5 at such conferences by persons admitted to practice before 

6 the Tax Court and by other persons active in the legal pro7 fession. 

8 ‘‘(b) REGISTRATION FEE.—The Tax Court may im9 pose a reasonable registration fee on persons (other than 

10 judges and special trial judges of the Tax Court) partici11 pating at judicial conferences convened pursuant to sub12 section (a). Amounts so received by the Tax Court shall be 

13 available to the Tax Court to defray the expenses of such 

14 conferences.’’. 

15 (b) DISPOSITION OF FEES.—Section 7473 is amended 

16 to read as follows: 

17 ‘‘SEC. 7473. DISPOSITION OF FEES. 

18 ‘‘Except as provided in sections 7470A and 7475, all 

19 fees received by the Tax Court pursuant to this title shall 

20 be deposited into a special fund of the Treasury to be avail21 able to offset funds appropriated for the operation and 

22 maintenance of the Tax Court.’’. 

23 (c) CLERICAL AMENDMENTS.—The table of sections for 

24 part III of subchapter C of chapter 76 is amended by insert-
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1 ing before the item relating to section 7471 the following 

2 new items: 

‘‘Sec. 7470. Administration. 

‘‘Sec. 7470A. Judicial conference.’’. 

3 PART 3—CLARIFICATION RELATING TO UNITED 

4 STATES TAX COURT 

5 SEC. 441. CLARIFICATION RELATING TO UNITED STATES 

6 TAX COURT. 

7 Section 7441 is amended by adding at the end the fol8 lowing: ‘‘The Tax Court is not an agency of, and shall be 

9 independent of, the executive branch of the Government.’’. 

10 TITLE V—TRADE-RELATED 

11 PROVISIONS 

12 SEC. 501. MODIFICATION OF EFFECTIVE DATE OF PROVI13 SIONS RELATING TO TARIFF CLASSIFICATION 

14 OF RECREATIONAL PERFORMANCE OUTER15 WEAR. 

16 Section 601(c) of the Trade Preferences Extension Act 

17 of 2015 (Public Law 114–27; 129 Stat. 412) is amended— 

18 (1) in paragraph (1), by striking ‘‘the 180th day 

19 after the date of the enactment of this Act’’ and in20 serting ‘‘March 31, 2016’’; and 

21 (2) in paragraph (2), by striking ‘‘such 180th 

22 day’’ and inserting ‘‘March 31, 2016’’. 
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1 SEC. 502. AGREEMENT BY ASIA-PACIFIC ECONOMIC CO2 OPERATION MEMBERS TO REDUCE RATES OF 

3 DUTY ON CERTAIN ENVIRONMENTAL GOODS. 

4 Section 107 of the Bipartisan Congressional Trade 

5 Priorities and Accountability Act of 2015 (Public Law 

6 114–26; 19 U.S.C. 4206) is amended by adding at the end 

7 the following: 

8 ‘‘(c) AGREEMENT BY ASIA-PACIFIC ECONOMIC CO9 OPERATION MEMBERS TO REDUCE RATES OF DUTY ON

10 CERTAIN ENVIRONMENTAL GOODS.—Notwithstanding the 

11 notification requirement described in section 103(a)(2), the 

12 President may exercise the proclamation authority provided 

13 for in section 103(a)(1)(B) to implement an agreement by 

14 members of the Asia-Pacific Economic Cooperation (APEC) 

15 to reduce any rate of duty on certain environmental goods 

16 included in Annex C of the APEC Leaders Declaration 

17 issued on September 9, 2012, if (and only if) the President, 

18 as soon as feasible after the date of the enactment of this 

19 subsection, and before exercising proclamation authority 

20 under section 103(a)(1)(B), notifies Congress of the negotia21 tions relating to the agreement and the specific United 

22 States objectives in the negotiations.’’. 

23 TITLE VI—BUDGETARY EFFECTS 

24 SEC. 601. BUDGETARY EFFECTS. 

25 (a) PAYGO SCORECARD.—The budgetary effects of this 

26 Act shall not be entered on either PAYGO scorecard main-
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1 tained pursuant to section 4(d) of the Statutory Pay-As2 You-Go Act of 2010. 

3 (b) SENATE PAYGO SCORECARD.—The budgetary ef4 fects of this Act shall not be entered on any PAYGO score5 card maintained for purposes of section 201 of S. Con. Res. 

6 21 (110th Congress). 

Attest: 

Clerk. 
114TH CONGRESS 

1ST SESSION H.R. 2029 

HOUSE AMENDMENTS TO 

SENATE AMENDMENT