350 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT 
For procurement of rotary-wing aircraft; combat, tac-
tical and support vehicles; other weapons; and other pro-
curement items for the reserve components of the Armed 
Forces, $1,000,000,000, to remain available for obligation 
until September 30, 2018: Provided, That the Chiefs of Na-
tional Guard and Reserve components shall, not later than 
30 days after enactment of this Act, individually submit 
to the congressional defense committees the modernization 
priority assessment for their respective National Guard or 
Reserve component: Provided further, That none of the 
funds made available by this paragraph may be used to 
procure manned fixed wing aircraft, or procure or modify 
missiles, munitions, or ammunition: Provided further, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Army’’, $1,500,000, to remain
351 
available until September 30, 2017: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $35,747,000, to remain 
available until September 30, 2017: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR 
FORCE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $17,100,000, to re-
main available until September 30, 2017: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.
352 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Defense-Wide’’, $177,087,000, 
to remain available until September 30, 2017: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism pur-
suant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working Cap-
ital Funds’’, $88,850,000: Provided, That such amount is 
designated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $272,704,000, which shall be for operation and 
maintenance: Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
353 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
For an additional amount for ‘‘Drug Interdiction and 
Counter-Drug Activities, Defense’’, $186,000,000: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism pur-
suant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the ‘‘Joint Improvised Explosive Device Defeat 
Fund’’, $349,464,000, to remain available until September 
30, 2018: Provided, That such funds shall be available to 
the Secretary of Defense, notwithstanding any other provi-
sion of law, for the purpose of allowing the Director of the 
Joint Improvised Explosive Device Defeat Organization to 
investigate, develop and provide equipment, supplies, serv-
ices, training, facilities, personnel and funds to assist 
United States forces in the defeat of improvised explosive 
devices: Provided further, That the Secretary of Defense 
may transfer funds provided herein to appropriations for 
military personnel; operation and maintenance; procure-
ment; research, development, test and evaluation; and de-
354 
fense working capital funds to accomplish the purpose pro-
vided herein: Provided further, That this transfer authority 
is in addition to any other transfer authority available to 
the Department of Defense: Provided further, That the Sec-
retary of Defense shall, not fewer than 15 days prior to 
making transfers from this appropriation, notify the con-
gressional defense committees in writing of the details of 
any such transfer: Provided further, That such amount is 
designated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the Inspec-
tor General’’, $10,262,000: Provided, That such amount is 
designated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 9001. Notwithstanding any other provision of 
law, funds made available in this title are in addition to 
amounts appropriated or otherwise made available for the 
Department of Defense for fiscal year 2016.
355 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9002. Upon the determination of the Secretary 
of Defense that such action is necessary in the national in-
terest, the Secretary may, with the approval of the Office 
of Management and Budget, transfer up to $4,500,000,000 
between the appropriations or funds made available to the 
Department of Defense in this title: Provided, That the Sec-
retary shall notify the Congress promptly of each transfer 
made pursuant to the authority in this section: Provided 
further, That the authority provided in this section is in 
addition to any other transfer authority available to the 
Department of Defense and is subject to the same terms and 
conditions as the authority provided in section 8005 of this 
Act. 
SEC. 9003. Supervision and administration costs and 
costs for design during construction associated with a con-
struction project funded with appropriations available for 
operation and maintenance or the ‘‘Afghanistan Security 
Forces Fund’’ provided in this Act and executed in direct 
support of overseas contingency operations in Afghanistan, 
may be obligated at the time a construction contract is 
awarded: Provided, That, for the purpose of this section, 
supervision and administration costs and costs for design 
during construction include all in-house Government costs.
356 
SEC. 9004. From funds made available in this title, 
the Secretary of Defense may purchase for use by military 
and civilian employees of the Department of Defense in the 
United States Central Command area of responsibility: (1) 
passenger motor vehicles up to a limit of $75,000 per vehi-
cle; and (2) heavy and light armored vehicles for the phys-
ical security of personnel or for force protection purposes 
up to a limit of $450,000 per vehicle, notwithstanding price 
or other limitations applicable to the purchase of passenger 
carrying vehicles. 
SEC. 9005. Not to exceed $5,000,000 of the amounts 
appropriated by this title under the heading ‘‘Operation 
and Maintenance, Army’’ may be used, notwithstanding 
any other provision of law, to fund the Commanders’ Emer-
gency Response Program (CERP), for the purpose of ena-
bling military commanders in Afghanistan to respond to 
urgent, small-scale, humanitarian relief and reconstruction 
requirements within their areas of responsibility: Provided, 
That each project (including any ancillary or related ele-
ments in connection with such project) executed under this 
authority shall not exceed $2,000,000: Provided further, 
That not later than 45 days after the end of each 6 months 
of the fiscal year, the Secretary of Defense shall submit to 
the congressional defense committees a report regarding the 
source of funds and the allocation and use of funds during
357 
that 6-month period that were made available pursuant to 
the authority provided in this section or under any other 
provision of law for the purposes described herein: Provided 
further, That, not later than 30 days after the end of each 
fiscal year quarter, the Army shall submit to the congres-
sional defense committees quarterly commitment, obliga-
tion, and expenditure data for the CERP in Afghanistan: 
Provided further, That, not less than 15 days before making 
funds available pursuant to the authority provided in this 
section or under any other provision of law for the purposes 
described herein for a project with a total anticipated cost 
for completion of $500,000 or more, the Secretary shall sub-
mit to the congressional defense committees a written notice 
containing each of the following: 
(1) The location, nature and purpose of the pro-
posed project, including how the project is intended to 
advance the military campaign plan for the country 
in which it is to be carried out. 
(2) The budget, implementation timeline with 
milestones, and completion date for the proposed 
project, including any other CERP funding that has 
been or is anticipated to be contributed to the comple-
tion of the project. 
(3) A plan for the sustainment of the proposed 
project, including the agreement with either the host
358 
nation, a non-Department of Defense agency of the 
United States Government or a third-party contrib-
utor to finance the sustainment of the activities and 
maintenance of any equipment or facilities to be pro-
vided through the proposed project. 
SEC. 9006. Funds available to the Department of De-
fense for operation and maintenance may be used, notwith-
standing any other provision of law, to provide supplies, 
services, transportation, including airlift and sealift, and 
other logistical support to coalition forces supporting mili-
tary and stability operations in Afghanistan and to counter 
the Islamic State of Iraq and the Levant: Provided, That 
the Secretary of Defense shall provide quarterly reports to 
the congressional defense committees regarding support pro-
vided under this section. 
SEC. 9007. None of the funds appropriated or other-
wise made available by this or any other Act shall be obli-
gated or expended by the United States Government for a 
purpose as follows: 
(1) To establish any military installation or base 
for the purpose of providing for the permanent sta-
tioning of United States Armed Forces in Iraq. 
(2) To exercise United States control over any 
oil resource of Iraq.
359 
(3) To establish any military installation or base 
for the purpose of providing for the permanent sta-
tioning of United States Armed Forces in Afghani-
stan. 
SEC. 9008. None of the funds made available in this 
Act may be used in contravention of the following laws en-
acted or regulations promulgated to implement the United 
Nations Convention Against Torture and Other Cruel, In-
human or Degrading Treatment or Punishment (done at 
New York on December 10, 1984): 
(1) Section 2340A of title 18, United States 
Code. 
(2) Section 2242 of the Foreign Affairs Reform 
and Restructuring Act of 1998 (division G of Public 
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 
note) and regulations prescribed thereto, including 
regulations under part 208 of title 8, Code of Federal 
Regulations, and part 95 of title 22, Code of Federal 
Regulations. 
(3) Sections 1002 and 1003 of the Department of 
Defense, Emergency Supplemental Appropriations to 
Address Hurricanes in the Gulf of Mexico, and Pan-
demic Influenza Act, 2006 (Public Law 109–148). 
SEC. 9009. None of the funds provided for the ‘‘Afghan-
istan Security Forces Fund’’ (ASFF) may be obligated
360 
prior to the approval of a financial and activity plan by 
the Afghanistan Resources Oversight Council (AROC) of the 
Department of Defense: Provided, That the AROC must ap-
prove the requirement and acquisition plan for any service 
requirements in excess of $50,000,000 annually and any 
non-standard 
equipment 
requirements 
in 
excess 
of 
$100,000,000 using ASFF: Provided further, That the De-
partment of Defense must certify to the congressional de-
fense committees that the AROC has convened and approved 
a process for ensuring compliance with the requirements in 
the preceding proviso and accompanying report language 
for the ASFF. 
SEC. 9010. Funds made available in this title to the 
Department of Defense for operation and maintenance may 
be used to purchase items having an investment unit cost 
of not more than $250,000: Provided, That, upon deter-
mination by the Secretary of Defense that such action is 
necessary to meet the operational requirements of a Com-
mander of a Combatant Command engaged in contingency 
operations overseas, such funds may be used to purchase 
items having an investment item unit cost of not more than 
$500,000. 
SEC. 9011. From funds made available to the Depart-
ment of Defense in this title under the heading ‘‘Operation 
and Maintenance, Air Force’’, up to $80,000,000 may be
361 
used by the Secretary of Defense, notwithstanding any other 
provision of law, to support United States Government 
transition activities in Iraq by funding the operations and 
activities of the Office of Security Cooperation in Iraq and 
security assistance teams, including life support, transpor-
tation and personal security, and facilities renovation and 
construction, and site closeout activities prior to returning 
sites to the Government of Iraq: Provided, That to the extent 
authorized under the National Defense Authorization Act 
for Fiscal Year 2016, the operations and activities that may 
be carried out by the Office of Security Cooperation in Iraq 
may, with the concurrence of the Secretary of State, include 
non-operational training activities in support of Iraqi Min-
ister of Defense and Counter Terrorism Service personnel 
in an institutional environment to address capability gaps, 
integrate processes relating to intelligence, air sovereignty, 
combined arms, logistics and maintenance, and to manage 
and integrate defense-related institutions: Provided further, 
That not later than 30 days following the enactment of this 
Act, the Secretary of Defense and the Secretary of State 
shall submit to the congressional defense committees a plan 
for transitioning any such training activities that they de-
termine are needed after the end of fiscal year 2016, to exist-
ing or new contracts for the sale of defense articles or de-
fense services consistent with the provisions of the Arms Ex-
362 
port Control Act (22 U.S.C. 2751 et seq.): Provided further, 
That, not less than 15 days before making funds available 
pursuant to the authority provided in this section, the Sec-
retary of Defense shall submit to the congressional defense 
committees a written notice containing a detailed justifica-
tion and timeline for the operations and activities of the 
Office of Security Cooperation in Iraq at each site where 
such operations and activities will be conducted during fis-
cal year 2016 : Provided further, That amounts made avail-
able by this section are designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism pur-
suant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
SEC. 9012. Up to $600,000,000 of funds appropriated 
by this Act for the Counterterrorism Partnerships Fund 
may be used to provide assistance to the Government of Jor-
dan to support the armed forces of Jordan and to enhance 
security along its borders. 
SEC. 9013. None of the funds made available by this 
Act under the heading ‘‘Iraq Train and Equip Fund’’ may 
be used to procure or transfer man-portable air defense sys-
tems. 
SEC. 9014. For the ‘‘Ukraine Security Assistance Ini-
tiative’’, $250,000,000 is hereby appropriated, to remain 
available until September 30, 2016: Provided, That such
363 
funds shall be available to the Secretary of Defense, in co-
ordination with the Secretary of State, to provide assist-
ance, including training; equipment; lethal weapons of a 
defensive nature; logistics support, supplies and services; 
sustainment; and intelligence support to the military and 
national security forces of Ukraine, and for replacement of 
any weapons or defensive articles provided to the Govern-
ment of Ukraine from the inventory of the United States: 
Provided further, That the Secretary of Defense shall, not 
less than 15 days prior to obligating funds provided under 
this heading, notify the congressional defense committees in 
writing of the details of any such obligation: Provided fur-
ther, That the United States may accept equipment pro-
cured using funds provided under this heading in this or 
prior Acts that was transferred to the security forces of 
Ukraine and returned by such forces to the United States: 
Provided further, That equipment procured using funds 
provided under this heading in this or prior Acts, and not 
yet transferred to the military or National Security Forces 
of Ukraine or returned by such forces to the United States, 
may be treated as stocks of the Department of Defense upon 
written notification to the congressional defense committees: 
Provided further, That amounts made available by this sec-
tion are designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
364 
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
SEC. 9015. Funds appropriated in this title shall be 
available for replacement of funds for items provided to the 
Government of Ukraine from the inventory of the United 
States to the extent specifically provided for in section 9014 
of this Act. 
SEC. 9016. None of the funds made available by this 
Act under section 9014 for ‘‘Assistance and Sustainment 
to the Military and National Security Forces of Ukraine’’ 
may be used to procure or transfer man-portable air defense 
systems. 
SEC. 9017. (a) None of the funds appropriated or oth-
erwise made available by this Act under the heading ‘‘Oper-
ation and Maintenance, Defense-Wide’’ for payments under 
section 1233 of Public Law 110–181 for reimbursement to 
the Government of Pakistan may be made available unless 
the Secretary of Defense, in coordination with the Secretary 
of State, certifies to the congressional defense committees 
that the Government of Pakistan is— 
(1) cooperating with the United States in 
counterterrorism efforts against the Haqqani Network, 
the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish- 
e-Mohammed, Al Qaeda, and other domestic and for-
eign terrorist organizations, including taking steps to
365 
end support for such groups and prevent them from 
basing and operating in Pakistan and carrying out 
cross border attacks into neighboring countries; 
(2) not supporting terrorist activities against 
United States or coalition forces in Afghanistan, and 
Pakistan’s military and intelligence agencies are not 
intervening extra-judicially into political and judicial 
processes in Pakistan; 
(3) dismantling improvised explosive device 
(IED) networks and interdicting precursor chemicals 
used in the manufacture of IEDs; 
(4) preventing the proliferation of nuclear-re-
lated material and expertise; 
(5) implementing policies to protect judicial 
independence and due process of law; 
(6) issuing visas in a timely manner for United 
States visitors engaged in counterterrorism efforts and 
assistance programs in Pakistan; and 
(7) providing humanitarian organizations access 
to detainees, internally displaced persons, and other 
Pakistani civilians affected by the conflict. 
(b) The Secretary of Defense, in coordination with the 
Secretary of State, may waive the restriction in subsection 
(a) on a case-by-case basis by certifying in writing to the 
congressional defense committees that it is in the national
366 
security interest to do so: Provided, That if the Secretary 
of Defense, in coordination with the Secretary of State, ex-
ercises such waiver authority, the Secretaries shall report 
to the congressional defense committees on both the justifica-
tion for the waiver and on the requirements of this section 
that the Government of Pakistan was not able to meet: Pro-
vided further, That such report may be submitted in classi-
fied form if necessary. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9018. In addition to amounts otherwise made 
available in this Act, $500,000,000 is hereby appropriated 
to the Department of Defense and made available for trans-
fer only to the operation and maintenance, military per-
sonnel, and procurement accounts, to improve the intel-
ligence, surveillance, and reconnaissance capabilities of the 
Department of Defense: Provided, That the transfer author-
ity provided in this section is in addition to any other 
transfer authority provided elsewhere in this Act: Provided 
further, That not later than 30 days prior to exercising the 
transfer authority provided in this section, the Secretary 
of Defense shall submit a report to the congressional defense 
committees on the proposed uses of these funds: Provided 
further, That the funds provided in this section may not 
be transferred to any program, project, or activity specifi-
cally limited or denied by this Act: Provided further, That
367 
amounts made available by this section are designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985: Provided further, That the authority to provide 
funding under this section shall terminate on September 30, 
2016. 
SEC. 9019. None of the funds made available by this 
Act may be used with respect to Syria in contravention of 
the War Powers Resolution (50 U.S.C. 1541 et seq.), includ-
ing for the introduction of United States armed or military 
forces into hostilities in Syria, into situations in Syria 
where imminent involvement in hostilities is clearly indi-
cated by the circumstances, or into Syrian territory, air-
space, or waters while equipped for combat, in contraven-
tion of the congressional consultation and reporting require-
ments of sections 3 and 4 of that law (50 U.S.C. 1542 and 
1543). 
SEC. 9020. None of the funds in this Act may be made 
available for the transfer of additional C–130 cargo aircraft 
to the Afghanistan National Security Forces or the Afghani-
stan Air Force until the Department of Defense provides 
a report to the congressional defense committees of the Af-
ghanistan Air Force’s medium airlift requirements. The re-
port should identify Afghanistan’s ability to utilize and
368 
maintain existing medium lift aircraft in the inventory 
and the best alternative platform, if necessary, to provide 
additional support to the Afghanistan Air Force’s current 
medium airlift capacity. 
(RESCISSION) 
SEC. 9021. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and programs 
in the specified amounts: Provided, That such amounts are 
designated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: 
‘‘Afghanistan Security Forces Fund’’, 2015/2016, 
$400,000,000. 
This division may be cited as the ‘‘Department of De-
fense Appropriations Act, 2016’’.
369 
DIVISION D—ENERGY AND WATER DEVEL-
OPMENT AND RELATED AGENCIES AP-
PROPRIATIONS ACT, 2016 
TITLE I 
CORPS OF ENGINEERS—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
The following appropriations shall be expended under 
the direction of the Secretary of the Army and the super-
vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to river 
and harbor, flood and storm damage reduction, shore pro-
tection, aquatic ecosystem restoration, and related efforts. 
INVESTIGATIONS 
For expenses necessary where authorized by law for the 
collection and study of basic information pertaining to 
river and harbor, flood and storm damage reduction, shore 
protection, aquatic ecosystem restoration, and related needs; 
for surveys and detailed studies, and plans and specifica-
tions of proposed river and harbor, flood and storm damage 
reduction, shore protection, and aquatic ecosystem restora-
tion projects, and related efforts prior to construction; for 
restudy of authorized projects; and for miscellaneous inves-
tigations, and, when authorized by law, surveys and de-
tailed studies, and plans and specifications of projects prior
370 
to construction, $121,000,000, to remain available until ex-
pended: Provided, That the Secretary may initiate up to, 
but not more than, 10 new study starts during fiscal year 
2016: Provided further, That the new study starts will con-
sist of seven studies where the majority of the benefits are 
derived from navigation transportation savings or from 
flood and storm damage reduction and three studies where 
the majority of benefits are derived from environmental res-
toration: Provided further, That the Secretary shall not de-
viate from the new starts proposed in the work plan, once 
the plan has been submitted to the Committees on Appro-
priations of the House of Representatives and the Senate. 
CONSTRUCTION 
For expenses necessary for the construction of river 
and harbor, flood and storm damage reduction, shore pro-
tection, aquatic ecosystem restoration, and related projects 
authorized by law; for conducting detailed studies, and 
plans and specifications, of such projects (including those 
involving participation by States, local governments, or 
private groups) authorized or made eligible for selection by 
law (but such detailed studies, and plans and specifications, 
shall not constitute a commitment of the Government to 
construction); $1,862,250,000, to remain available until ex-
pended; of which such sums as are necessary to cover the 
Federal share of construction costs for facilities under the
371 
Dredged Material Disposal Facilities program shall be de-
rived from the Harbor Maintenance Trust Fund as author-
ized by Public Law 104–303; and of which such sums as 
are necessary to cover one-half of the costs of construction, 
replacement, rehabilitation, and expansion of inland water-
ways projects shall be derived from the Inland Waterways 
Trust Fund, except as otherwise specifically provided for 
in law: Provided, That the Secretary may initiate up to, 
but not more than, six new construction starts during fiscal 
year 2016: Provided further, That the new construction 
starts will consist of five projects where the majority of the 
benefits are derived from navigation transportation savings 
or from flood and storm damage reduction and one project 
where the majority of the benefits are derived from environ-
mental restoration: Provided further, That for new con-
struction projects, project cost sharing agreements shall be 
executed as soon as practicable but no later than August 
31, 2016: Provided further, That no allocation for a new 
start shall be considered final and no work allowance shall 
be made until the Secretary provides to the Committees on 
Appropriations of the House of Representatives and the 
Senate an out-year funding scenario demonstrating the af-
fordability of the selected new starts and the impacts on 
other projects: Provided further, That the Secretary may not 
deviate from the new starts proposed in the work plan, once
372 
the plan has been submitted to the Committees on Appro-
priations of the House of Representatives and the Senate. 
MISSISSIPPI RIVER AND TRIBUTARIES 
For expenses necessary for flood damage reduction 
projects and related efforts in the Mississippi River alluvial 
valley below Cape Girardeau, Missouri, as authorized by 
law, $345,000,000, to remain available until expended, of 
which such sums as are necessary to cover the Federal share 
of eligible operation and maintenance costs for inland har-
bors shall be derived from the Harbor Maintenance Trust 
Fund. 
OPERATION AND MAINTENANCE 
For expenses necessary for the operation, maintenance, 
and care of existing river and harbor, flood and storm dam-
age reduction, aquatic ecosystem restoration, and related 
projects authorized by law; providing security for infra-
structure owned or operated by the Corps, including admin-
istrative buildings and laboratories; maintaining harbor 
channels provided by a State, municipality, or other public 
agency that serve essential navigation needs of general com-
merce, where authorized by law; surveying and charting 
northern and northwestern lakes and connecting waters; 
clearing and straightening channels; and removing obstruc-
tions to navigation, $3,137,000,000, to remain available 
until expended, of which such sums as are necessary to cover
373 
the Federal share of eligible operation and maintenance 
costs for coastal harbors and channels, and for inland har-
bors shall be derived from the Harbor Maintenance Trust 
Fund; of which such sums as become available from the spe-
cial account for the Corps of Engineers established by the 
Land and Water Conservation Fund Act of 1965 shall be 
derived from that account for resource protection, research, 
interpretation, and maintenance activities related to re-
source protection in the areas at which outdoor recreation 
is available; and of which such sums as become available 
from fees collected under section 217 of Public Law 104– 
303 shall be used to cover the cost of operation and mainte-
nance of the dredged material disposal facilities for which 
such fees have been collected: Provided, That 1 percent of 
the total amount of funds provided for each of the programs, 
projects, or activities funded under this heading shall not 
be allocated to a field operating activity prior to the begin-
ning of the fourth quarter of the fiscal year and shall be 
available for use by the Chief of Engineers to fund such 
emergency activities as the Chief of Engineers determines 
to be necessary and appropriate, and that the Chief of Engi-
neers shall allocate during the fourth quarter any remain-
ing funds which have not been used for emergency activities 
proportionally in accordance with the amounts provided for 
the programs, projects, or activities.
374 
REGULATORY PROGRAM 
For expenses necessary for administration of laws per-
taining to regulation of navigable waters and wetlands, 
$200,000,000, to remain available until September 30, 
2017. 
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
For expenses necessary to clean up contamination 
from sites in the United States resulting from work per-
formed as part of the Nation’s early atomic energy pro-
gram, $112,000,000, to remain available until expended. 
FLOOD CONTROL AND COASTAL EMERGENCIES 
For expenses necessary to prepare for flood, hurricane, 
and other natural disasters and support emergency oper-
ations, repairs, and other activities in response to such dis-
asters as authorized by law, $28,000,000, to remain avail-
able until expended. 
EXPENSES 
For expenses necessary for the supervision and general 
administration of the civil works program in the head-
quarters of the Corps of Engineers and the offices of the 
Division Engineers; and for costs of management and oper-
ation of the Humphreys Engineer Center Support Activity, 
the Institute for Water Resources, the United States Army 
Engineer Research and Development Center, and the 
United States Army Corps of Engineers Finance Center al-
375 
locable to the civil works program, $179,000,000, to remain 
available until September 30, 2017, of which not to exceed 
$5,000 may be used for official reception and representation 
purposes and only during the current fiscal year: Provided, 
That no part of any other appropriation provided in this 
title shall be available to fund the civil works activities of 
the Office of the Chief of Engineers or the civil works execu-
tive direction and management activities of the division of-
fices: Provided further, That any Flood Control and Coastal 
Emergencies appropriation may be used to fund the super-
vision and general administration of emergency operations, 
repairs, and other activities in response to any flood, hurri-
cane, or other natural disaster. 
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR 
CIVIL WORKS 
For the Office of the Assistant Secretary of the Army 
for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 
$4,750,000, to remain available until September 30, 2017: 
Provided, That not more than 50 percent of such amount 
may be obligated or expended until the Assistant Secretary 
submits to the Committees on Appropriations of both 
Houses of Congress a work plan that allocates at least 95 
percent of the additional funding provided under each head-
ing in this title (as designated under such heading in the 
explanatory statement described in section 4 (in the matter
376 
preceding division A of this consolidated Act)) to specific 
programs, projects, or activities. 
GENERAL PROVISIONS—CORPS OF ENGINEERS— 
CIVIL 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 101. (a) None of the funds provided in title I 
of this Act, or provided by previous appropriations Acts 
to the agencies or entities funded in title I of this Act that 
remain available for obligation or expenditure in fiscal year 
2016, shall be available for obligation or expenditure 
through a reprogramming of funds that: 
(1) creates or initiates a new program, project, 
or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any pro-
gram, project, or activity for which funds have been 
denied or restricted by this Act, unless prior approval 
is received from the House and Senate Committees on 
Appropriations; 
(4) proposes to use funds directed for a specific 
activity for a different purpose, unless prior approval 
is received from the House and Senate Committees on 
Appropriations; 
(5) augments or reduces existing programs, 
projects, or activities in excess of the amounts con-
377 
tained in paragraphs (6) through (10), unless prior 
approval is received from the House and Senate Com-
mittees on Appropriations; 
(6) INVESTIGATIONS.—For a base level over 
$100,000, reprogramming of 25 percent of the base 
amount up to a limit of $150,000 per project, study 
or activity is allowed: Provided, That for a base level 
less than $100,000, the reprogramming limit is 
$25,000: Provided further, That up to $25,000 may be 
reprogrammed into any continuing study or activity 
that did not receive an appropriation for existing ob-
ligations and concomitant administrative expenses; 
(7) CONSTRUCTION.—For a base level over 
$2,000,000, reprogramming of 15 percent of the base 
amount up to a limit of $3,000,000 per project, study 
or activity is allowed: Provided, That for a base level 
less than $2,000,000, the reprogramming limit is 
$300,000: Provided further, That up to $3,000,000 
may be reprogrammed for settled contractor claims, 
changed conditions, or real estate deficiency judg-
ments: Provided further, That up to $300,000 may be 
reprogrammed into any continuing study or activity 
that did not receive an appropriation for existing ob-
ligations and concomitant administrative expenses;
378 
(8) OPERATION AND MAINTENANCE.—Unlimited 
reprogramming authority is granted for the Corps to 
be able to respond to emergencies: Provided, That the 
Chief of Engineers shall notify the House and Senate 
Committees on Appropriations of these emergency ac-
tions as soon thereafter as practicable: Provided fur-
ther, That for a base level over $1,000,000, re-
programming of 15 percent of the base amount up to 
a limit of $5,000,000 per project, study, or activity 
is allowed: Provided further, That for a base level less 
than 
$1,000,000, 
the 
reprogramming 
limit 
is 
$150,000: Provided further, That $150,000 may be re-
programmed into any continuing study or activity 
that did not receive an appropriation; 
(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The 
reprogramming guidelines in paragraphs (6), (7), 
and (8) shall apply to the Investigations, Construc-
tion, and Operation and Maintenance portions of the 
Mississippi River and Tributaries Account, respec-
tively; and 
(10) FORMERLY UTILIZED SITES REMEDIAL AC-
TION PROGRAM.—Reprogramming of up to 15 percent 
of the base of the receiving project is permitted.
379 
(b) DE MINIMUS REPROGRAMMINGS.—In no case 
should a reprogramming for less than $50,000 be submitted 
to the House and Senate Committees on Appropriations. 
(c) CONTINUING AUTHORITIES PROGRAM.—Subsection 
(a)(1) shall not apply to any project or activity funded 
under the continuing authorities program. 
(d) Not later than 60 days after the date of enactment 
of this Act, the Secretary shall submit a report to the House 
and Senate Committees on Appropriations to establish the 
baseline for application of reprogramming and transfer au-
thorities for the current fiscal year which shall include: 
(1) A table for each appropriation with a sepa-
rate column to display the President’s budget request, 
adjustments made by Congress, adjustments due to 
enacted rescissions, if applicable, and the fiscal year 
enacted level; 
(2) A delineation in the table for each appro-
priation both by object class and program, project 
and activity as detailed in the budget appendix for 
the respective appropriations; and 
(3) An identification of items of special congres-
sional interest. 
SEC. 102. The Secretary shall allocate funds made 
available in this Act solely in accordance with the provi-
sions of this Act and the explanatory statement described
380 
in section 4 (in the matter preceding division A of this con-
solidated Act), including the determination and designation 
of new starts. 
SEC. 103. None of the funds made available in this 
title may be used to award or modify any contract that 
commits funds beyond the amounts appropriated for that 
program, project, or activity that remain unobligated, ex-
cept that such amounts may include any funds that have 
been made available through reprogramming pursuant to 
section 101. 
SEC. 104. The Secretary of the Army may transfer to 
the Fish and Wildlife Service, and the Fish and Wildlife 
Service may accept and expend, up to $5,400,000 of funds 
provided in this title under the heading ‘‘Operation and 
Maintenance’’ to mitigate for fisheries lost due to Corps of 
Engineers projects. 
SEC. 105. None of the funds made available in this 
or any other Act making appropriations for Energy and 
Water Development for any fiscal year may be used by the 
Corps of Engineers during the fiscal year ending September 
30, 2016, to develop, adopt, implement, administer, or en-
force any change to the regulations in effect on October 1, 
2012, pertaining to the definitions of the terms ‘‘fill mate-
rial’’ or ‘‘discharge of fill material’’ for the purposes of the
381 
Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.). 
SEC. 106. None of the funds in this Act shall be used 
for an open lake placement alternative of dredged material, 
after evaluating the least costly, environmentally acceptable 
manner for the disposal or management of dredged material 
originating from Lake Erie or tributaries thereto, unless it 
is approved under a State water quality certification pur-
suant to 33 U.S.C. 1341. 
SEC. 107. (a) Not later than 180 days after the date 
of enactment of this Act, the Secretary shall execute a trans-
fer agreement with the South Florida Water Management 
District for the project identified as the ‘‘Ten Mile Creek 
Water Preserve Area Critical Restoration Project’’, carried 
out under section 528(b)(3) of the Water Resources Develop-
ment Act of 1996 (110 Stat. 3768). 
(b) The transfer agreement under subsection (a) shall 
require the South Florida Water Management District to 
operate the transferred project as an environmental restora-
tion project to provide water storage and water treatment 
options. 
(c) Upon execution of the transfer agreement under 
subsection (a), the Ten Mile Creek Water Preserve Area 
Critical Restoration Project shall no longer be authorized 
as a Federal project.
382 
SEC. 108. None of the funds made available in this 
title may be used for any acquisition that is not consistent 
with 48 CFR 225.7007. 
SEC. 109. None of the funds made available by this 
Act may be used to continue the study conducted by the 
Army Corps of Engineers pursuant to section 5018(a)(1) 
of the Water Resources Development Act of 2007 (Public 
Law 110–114). 
SEC. 110. None of the funds made available by this 
Act may be used to require a permit for the discharge of 
dredged or fill material under the Federal Water Pollution 
Control Act (33 U.S.C. 1251, et seq.) for the activities iden-
tified in subparagraphs (A) and (C) of section 404(f)(1) of 
the Act (33 U.S.C. 1344(f)(1)(A), (C)). 
TITLE II 
DEPARTMENT OF THE INTERIOR 
CENTRAL UTAH PROJECT 
CENTRAL UTAH PROJECT COMPLETION ACCOUNT 
For carrying out activities authorized by the Central 
Utah Project Completion Act, $10,000,000, to remain avail-
able until expended, of which $1,000,000 shall be deposited 
into the Utah Reclamation Mitigation and Conservation 
Account for use by the Utah Reclamation Mitigation and 
Conservation Commission: Provided, That of the amount 
provided under this heading, $1,350,000 shall be available
566 
prevailing rate employee described in section 5342(a)(2)(A) 
of title 5, United States Code— 
(A) during the period from the date of expiration 
of the limitation imposed by the comparable section 
for the previous fiscal years until the normal effective 
date of the applicable wage survey adjustment that is 
to take effect in fiscal year 2016, in an amount that 
exceeds the rate payable for the applicable grade and 
step of the applicable wage schedule in accordance 
with such section; and 
(B) during the period consisting of the remain-
der of fiscal year 2016, in an amount that exceeds, 
as a result of a wage survey adjustment, the rate pay-
able under subparagraph (A) by more than the sum 
of— 
(i) the percentage adjustment taking effect 
in fiscal year 2016 under section 5303 of title 5, 
United States Code, in the rates of pay under the 
General Schedule; and 
(ii) the difference between the overall aver-
age 
percentage 
of 
the 
locality-based 
com-
parability payments taking effect in fiscal year 
2016 under section 5304 of such title (whether by 
adjustment or otherwise), and the overall average
857 
under section 1503(a) of the PHS Act shall not apply to 
funds made available under this heading. 
BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, 
DISABILITIES AND HEALTH 
For carrying out titles II, III, XI, and XVII of the 
PHS Act with respect to birth defects, developmental dis-
abilities, disabilities and health, $135,610,000. 
PUBLIC HEALTH SCIENTIFIC SERVICES 
For carrying out titles II, III, and XVII of the PHS 
Act with respect to health statistics, surveillance, health 
informatics, and workforce development, $491,597,000. 
ENVIRONMENTAL HEALTH 
For carrying out titles II, III, and XVII of the PHS 
Act with respect to environmental health, $165,303,000. 
INJURY PREVENTION AND CONTROL 
For carrying out titles II, III, and XVII of the PHS 
Act with respect to injury prevention and control, 
$236,059,000: Provided, That of the funds provided under 
this heading, $70,000,000 shall be available for an evidence- 
based opioid drug overdose prevention program. 
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND 
HEALTH 
For carrying out titles II, III, and XVII of the PHS 
Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 
of the Federal Mine Safety and Health Act, section 13 of