[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2130 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 249
114th CONGRESS
1st Session
S. 2130
Making appropriations for Department of Defense, energy and water
development, Department of Homeland Security, military construction,
Department of Veterans Affairs, and Department of State, foreign
operations, and related programs for the fiscal year ending September
30, 2016, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 5, 2015
Mr. Cochran (for himself, Mr. Alexander, Mr. Hoeven, Mr. Kirk, and Mr.
Graham) introduced the following bill; which was read the first time
October 6, 2015
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
Making appropriations for Department of Defense, energy and water
development, Department of Homeland Security, military construction,
Department of Veterans Affairs, and Department of State, foreign
operations, and related programs for the fiscal year ending September
30, 2016, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``An Act Making Appropriations for
National Security and for Other Purposes, 2016''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2016
DIVISION B--ENERGY AND WATER DEVELOPMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
DIVISION C--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2016
DIVISION D--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
DIVISION E--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2016
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2016.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2016
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $41,038,287,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $27,983,432,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $12,953,400,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $27,756,536,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,418,714,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,849,541,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$697,839,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,676,551,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under sections 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$7,862,122,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$3,205,691,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$27,285,099,000: Provided, That not to exceed $12,478,000 can be used
for emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $25,933,099,000: Provided, That not to exceed
$15,055,000 can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary of the Navy,
and payments may be made on his certificate of necessity for
confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$5,277,785,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$26,144,988,000: Provided, That not to exceed $7,699,000 can be used
for emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Air Force, and payments
may be made on his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$32,124,431,000: Provided, That not more than $15,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity
for confidential military purposes: Provided further, That of the
funds provided under this heading, not less than $35,045,000 shall be
made available for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by this Act
may be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of
Defense, the office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further, That
$9,031,000, to remain available until expended, is available only for
expenses relating to certain classified activities, and may be
transferred as necessary by the Secretary of Defense to operation and
maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be available for
the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit cost of
items that may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this
Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,679,992,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $998,758,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $277,036,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,056,357,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $6,746,302,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,951,010,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $14,078,000, of which not to exceed
$5,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $234,829,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Army, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $292,453,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Navy, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $368,131,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $8,232,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $233,717,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris at sites formerly used by the Department of
Defense, transfer the funds made available by this appropriation to
other appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and for the
same time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $100,266,000, to remain available until
September 30, 2017.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union and,
with appropriate authorization by the Department of Defense and
Department of State, to countries outside of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components, and
weapons technology and expertise, and for defense and military
contacts, $358,496,000, to remain available until September 30, 2018.
Department of Defense Acquisition Workforce Development Fund
(including transfer of funds)
For the Department of Defense Acquisition Workforce Development
Fund, $84,140,000 to remain available until September 30, 2017:
Provided, That the Secretary of Defense may transfer funds provided
herein to appropriations for military personnel; for operation and
maintenance; for procurement; and for research, development, test and
evaluation to accomplish purposes as provided for in section 1705 of
title 10, United States Code: Provided further, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $5,465,751,000, to remain available for obligation until
September 30, 2018.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,667,167,000, to remain available for obligation until
September 30, 2018.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,914,446,000, to remain available for obligation until September 30,
2018.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,247,426,000, to remain available for
obligation until September 30, 2018.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$5,648,874,000, to remain available for obligation until September 30,
2018.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $17,392,174,000, to remain available for obligation
until September 30, 2018.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,172,822,000, to remain available
for obligation until September 30, 2018.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $728,741,000, to remain available for
obligation until September 30, 2018.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Carrier Replacement Program, $1,634,701,000;
Carrier Replacement Program (AP), $683,200,000;
Virginia Class Submarine, $3,346,370,000;
Virginia Class Submarine (AP), $1,993,740,000;
CVN Refueling Overhauls, $678,274,000;
CVN Refueling Overhauls (AP), $14,951,000;
DDG-1000 Program, $433,404,000;
DDG-51 Destroyer, $4,149,703,000;
Littoral Combat Ship, $1,331,591,000;
LPD-17, $550,000,000;
Afloat Forward Staging Base (AP), $97,000,000;
LHA Replacement (AP), $476,543,000;
LX(R) (AP), $250,000,000;
Joint High Speed Vessel, $225,000,000;
TAO Fleet Oiler, $674,190,000;
T-ATS(X) Fleet Tug, $75,000,000;
LCU Replacement, $34,000,000;
Moored Training Ship (AP), $138,200,000;
Ship to Shore Connector, $204,630,000;
Service Craft, $30,014,000;
LCAC Service Life Extension Program, $80,738,000;
YP Craft Maintenance/ROH/SLEP, $21,838,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $663,970,000.
Completion of Prior Year Shipbuilding Programs,
$389,305,000.
In all: $18,176,362,000, to remain available for obligation until
September 30, 2020: Provided, That additional obligations may be
incurred after September 30, 2020, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway, $6,329,750,000, to
remain available for obligation until September 30, 2018.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $1,239,618,000, to remain available for obligation
until September 30, 2018.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $15,890,661,000, to remain available for
obligation until September 30, 2018.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,965,869,000, to remain
available for obligation until September 30, 2018.
Space Procurement, Air Force
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,891,159,000, to remain
available for obligation until September 30, 2018.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,797,343,000, to remain available for
obligation until September 30, 2018.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $17,997,359,000, to remain
available for obligation until September 30, 2018.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $5,211,532,000, to remain available for obligation until
September 30, 2018.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $76,680,000, to remain available
until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$7,096,935,000, to remain available for obligation until September 30,
2017.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$18,236,645,000, to remain available for obligation until September 30,
2017: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$25,874,116,000, to remain available for obligation until September 30,
2017.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $18,926,433,000, to remain
available for obligation until September 30, 2017: Provided, That, of
the funds made available in this paragraph, $400,000,000 for the
Defense Rapid Innovation Program shall only be available for expenses,
not otherwise provided for, to include program management and
oversight, to conduct research, development, test and evaluation to
include proof of concept demonstration; engineering, testing, and
validation; and transition to full-scale production: Provided further,
That the Secretary of Defense may transfer funds provided herein for
the Defense Rapid Innovation Program to appropriations for research,
development, test and evaluation to accomplish the purpose provided
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 Secretary of Defense shall, not fewer than
30 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $190,558,000, to remain available for obligation
until September 30, 2017.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,779,568,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security
needs of the United States, $474,164,000, to remain available until
expended: Provided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the acquisition
of any of the following major components unless such components are
manufactured in the United States: auxiliary equipment, including
pumps, for all shipboard services; propulsion system components
(engines, reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That none of the funds provided in this
paragraph shall be used to award a new contract for the construction,
acquisition, or conversion of vessels, including procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future: Provided further, That the
Secretary of the military department responsible for such procurement
may waive the restrictions in the first proviso on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on a
timely basis and that such an acquisition must be made in order to
acquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$32,267,914,000; of which $30,103,891,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2017, and of which up to
$14,812,040,000 may be available for contracts entered into under the
TRICARE program; of which $365,390,000, to remain available for
obligation until September 30, 2018, shall be for procurement; and of
which $1,798,633,000, to remain available for obligation until
September 30, 2017, shall be for research, development, test and
evaluation.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $699,821,000, of which $118,198,000 shall be
for operation and maintenance, of which no less than $50,743,000 shall
be for the Chemical Stockpile Emergency Preparedness Program,
consisting of $21,289,000 for activities on military installations and
$29,454,000, to remain available until September 30, 2017, to assist
State and local governments; $2,281,000 shall be for procurement, to
remain available until September 30, 2018, of which $2,281,000 shall be
for the Chemical Stockpile Emergency Preparedness Program to assist
State and local governments; and $579,342,000, to remain available
until September 30, 2017, shall be for research, development, test and
evaluation, of which $569,339,000 shall only be for the Assembled
Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,013,598,000, of which $681,109,000
shall be for counter-narcotics support; $119,589,000 shall be for the
drug demand reduction program; $192,900,000 shall be for the National
Guard counter-drug program; and $20,000,000 shall be for the National
Guard counter-drug schools program: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $312,559,000, of which $310,459,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $2,100,000, to remain available until September
30, 2017, shall be for research, development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $513,923,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, he may, with the
approval of the Office of Management and Budget, transfer not to exceed
$5,000,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2016: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Committee Recommended
Adjustments'' in the explanatory statement regarding this Act, the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this Act,
the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2016: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement:
Provided, That this subsection shall not apply to transfers from the
following appropriations accounts:
(1) ``Environmental Restoration, Army''.
(2) ``Environmental Restoration, Navy''.
(3) ``Environmental Restoration, Air Force''.
(4) ``Environmental Restoration, Defense-wide''.
(5) ``Environmental Restoration, Formerly Used Defense
Sites''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer:
Provided further, That except in amounts equal to the amounts
appropriated to working capital funds in this Act, no obligations may
be made against a working capital fund to procure or increase the value
of war reserve material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 30-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance
procurement activities in the fiscal year covered by the
budget, full funding of procurement of such unit in that fiscal
year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units to
be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2016, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2017 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2017 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2017.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to October 1, 1987: Provided further, That this section applies only
to active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
Sec. 8016. Of the amounts appropriated for ``Working Capital Fund,
Army'', $145,000,000 shall be available to maintain competitive rates
at the arsenals.
Sec. 8017. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable, unsuitable, or unsafe for further use.
Sec. 8018. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8019. Of the funds made available in this Act, up to
$15,000,000 may be available for incentive payments authorized by
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding section 1906 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any subcontractor or
supplier defined in section 1544 of title 25, United States Code, or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code.
Sec. 8020. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8021. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That,
upon receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8022. (a) Of the funds made available in this Act, not less
than $39,805,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $27,711,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counter-drug
activities, and drug demand reduction activities involving
youth programs;
(2) $10,417,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,677,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8023. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year:
Provided, That a member of any such entity referred to previously in
this subsection shall be allowed travel expenses and per diem as
authorized under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2016 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development:
Provided, That up to 1 percent of funds provided in this Act for
support of defense FFRDCs may be used for planning and design of
scientific or engineering facilities: Provided further, That the
Secretary of Defense shall notify the congressional defense committees
15 days in advance of exercising the authority in the previous proviso.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2016, not more than
5,750 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That, of the specific amount referred to
previously in this subsection, not more than 1,125 staff years may be
funded for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military Intelligence
Program (MIP).
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2017 budget request, submit a report
presenting the specific amounts of staff years of technical effort to
be allocated for each defense FFRDC during that fiscal year and the
associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$65,000,000.
Sec. 8024. None of the funds appropriated or made available in
this Act shall be used to procure carbon, alloy, or armor steel plate
for use in any Government-owned facility or property under the control
of the Department of Defense which were not melted and rolled in the
United States or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That
these restrictions shall not apply to contracts which are in being as
of the date of the enactment of this Act.
Sec. 8025. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8026. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8027. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2016. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8028. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687
note) shall be available until expended for the payments specified by
section 2921(c)(2) of that Act.
Sec. 8029. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
and Washington relocatable military housing units located at Grand
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
Base, Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8030. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $250,000.
Sec. 8031. The Secretary of Defense shall issue regulations to
prohibit the sale of any tobacco or tobacco-related products in
military resale outlets in the United States, its territories and
possessions at a price below the most competitive price in the local
community: Provided, That such regulations shall direct that the
prices of tobacco or tobacco-related products in overseas military
retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
Sec. 8032. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2017 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2017 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2017 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8033. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2017: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947 (50
U.S.C. 3093) shall remain available until September 30, 2017.
Sec. 8034. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8035. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 may be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8036. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
Sec. 8037. None of the funds appropriated by this Act and
hereafter shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the basis of an
unsolicited proposal unless the head of the activity responsible for
the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support: Provided, That this
limitation shall not apply to contracts in an amount of less
than $25,000, contracts related to improvements of equipment
that is in development or production, or contracts as to which
a civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
Sec. 8038. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and the Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8039. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that
activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or
function under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees
under chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals in
accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an Indian
tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)),
or a Native Hawaiian Organization, as defined in section
8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8040. 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 no amounts may be rescinded from amounts that were designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism or as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended:
``Cooperative Threat Reduction Account'', 2014/2016,
$23,727,000;
``Other Procurement, Air Force'', 2014/2016, $78,000,000;
``Cooperative Threat Reduction Account'', 2015/2017,
$13,345,000;
``Aircraft Procurement, Army'', 2015/2017, $68,000,000;
``Aircraft Procurement, Air Force'', 2015/2017,
$139,976,000;
``Missile Procurement, Air Force'', 2015/2017,
$212,000,000;
``Other Procurement, Air Force'', 2015/2017, $9,000,000;
``Research, Development, Test and Evaluation, Army'', 2015/
2016, $9,299,000;
``Research, Development, Test and Evaluation, Air Force'',
2015/2016, $665,000,000; and
``Research, Development, Test and Evaluation, Defense-
Wide'', 2015/2016, $60,691,000.
Sec. 8041. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a direct result
of a reduction in military force structure.
Sec. 8042. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose.
Sec. 8043. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8044. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction or counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8045. None of the funds made available by this Act may be
used for Evolved Expendable Launch Vehicle launch service competitions
unless such competitions are open to all certified providers of Evolved
Expendable Launch Vehicle-class systems: Provided, That competitions
for launches with multiple service providers shall consider bids from
two or more providers: Provided further, That notwithstanding any
other provision of law, such providers may compete any certified launch
vehicle in their inventory.
Sec. 8046. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $20,000,000 is hereby
appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make a grant in the amount
specified as follows: $20,000,000 to the United Service Organizations.
Sec. 8047. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8048. Notwithstanding any other provision in this Act, the
Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides shall be taken proportionally
from all programs, projects, or activities to the extent they
contribute to the extramural budget.
Sec. 8049. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8050. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
``Operation and Maintenance, Defense-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be
merged with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 8051. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
Sec. 8052. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8053. None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative control of
United States Navy forces assigned to the Pacific fleet: Provided,
That the command and control relationships which existed on October 1,
2004, shall remain in force unless changes are specifically authorized
in a subsequent Act: Provided further, That this section does not
apply to administrative control of Navy Air and Missile Defense
Command.
(including transfer of funds)
Sec. 8054. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-wide'', $25,000,000 shall be for
continued implementation and expansion of the Sexual Assault Special
Victims' Counsel Program: Provided, That the funds are made available
for transfer to the Department of the Army, the Department of the Navy,
and the Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same purposes
and for the same time period as the appropriations to which the funds
are transferred: Provided further, That this transfer authority is in
addition to any other transfer authority provided in this Act.
Sec. 8055. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this
restriction does not apply to programs funded within the National
Intelligence Program: Provided further, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national security
interest to do so.
Sec. 8056. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108,
8109, 8211, 8215, and 9404.
Sec. 8057. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this or any other Act
may be used to consolidate or relocate any element of a United States
Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron
Engineer (RED HORSE) outside of the United States until the Secretary
of the Air Force--
(1) completes an analysis and comparison of the cost and
infrastructure investment required to consolidate or relocate a
RED HORSE squadron outside of the United States versus within
the United States;
(2) provides to the congressional defense committees a
report detailing the findings of the cost analysis; and
(3) certifies in writing to the congressional defense
committees that the preferred site for the consolidation or
relocation yields the greatest savings for the Air Force:
Provided, That the term ``United States'' in this section does not
include any territory or possession of the United States.
Sec. 8058. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8059. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 45 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8060. The Secretary of Defense shall continue to provide a
classified quarterly report to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as directed in
the classified annex accompanying this Act.
Sec. 8061. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8062. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8063. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or his designee, may waive payment of all
or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8064. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That, in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
(including transfer of funds)
Sec. 8065. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $76,611,750 shall remain
available until expended: Provided, That, notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered
into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8066. (a) None of the funds appropriated in this or any other
Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of
a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in section (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence Program
budget at or below the Expenditure Center level, provided such change
is otherwise in accordance with paragraphs (a)(1)-(3).
(c) The Director of National Intelligence and the Secretary of
Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and develop
detailed proposals for alternative financial management processes. Such
study shall include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will adversely affect
counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help achieve
auditability, improve fiscal reporting, and will not adversely
affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense
and intelligence committees.
Sec. 8067. Of the amount appropriated by title VI under the
heading ``Defense Health Program'', $10,000,000 shall be available for
peer-reviewed medical research on amyotrophic lateral sclerosis (ALS).
(including transfer of funds)
Sec. 8068. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development,
Test and Evaluation, Defense-Wide'', $473,995,000 shall be for the
Israeli Cooperative Programs: Provided, That of this amount,
$41,400,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense
system to counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended; $286,526,000 shall
be for the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development under the
SRBMD program, of which $150,000,000 shall be for production activities
of SRBMD missiles in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws, regulations,
and procedures, of which not more than $90,000,000, subject to
previously established transfer procedures, may be obligated or
expended until establishment of a U.S.-Israeli production agreement for
SRBMD; $89,550,000 shall be for an upper-tier component to the Israeli
Missile Defense Architecture, of which not more than $15,000,000,
subject to previously established transfer procedures, may be obligated
or expended until establishment of a U.S.-Israeli production agreement;
and $56,519,000 shall be for the Arrow System Improvement Program
including development of a long range, ground and airborne, detection
suite: Provided further, That funds made available under this
provision for production of missiles and missile components may be
transferred to appropriations available for the procurement of weapons
and equipment, to be merged with and to be available for the same time
period and the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained in
this Act.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $389,305,000 shall be
available until September 30, 2016, to fund prior year shipbuilding
cost increases: Provided, That upon enactment of this Act, the
Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified: Provided further, That the
amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2008/2016: Carrier Replacement Program $123,760,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2009/2016: LPD-17 Amphibious Transport Dock Program
$22,860,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2016: CVN Refueling Overhauls Program $20,029,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2016: DDG-51 Destroyer $75,014,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2016: Littoral Combat Ship $82,674,000;
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2016: LPD-17 Amphibious Transport Dock Program
$38,733,000;
(7) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2016: Joint High Speed Vessel $22,597,000; and
(8) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2016: Joint High Speed Vessel $3,638,000.
Sec. 8070. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C. 3094)
during fiscal year 2016 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2016.
Sec. 8071. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8072. The budget of the President for fiscal year 2017
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Operation and
Maintenance accounts, the Procurement accounts, and the Research,
Development, Test and Evaluation accounts: Provided, That these
documents shall include a description of the funding requested for each
contingency operation, for each military service, to include all Active
and Reserve components, and for each appropriations account: Provided
further, That these documents shall include estimated costs for each
element of expense or object class, a reconciliation of increases and
decreases for each contingency operation, and programmatic data
including, but not limited to, troop strength for each Active and
Reserve component, and estimates of the major weapons systems deployed
in support of each contingency: Provided further, That these documents
shall include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for all
contingency operations for the budget year and the two preceding fiscal
years.
Sec. 8073. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8074. Notwithstanding any other provision of this Act, to
reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $1,201,800,000.
Sec. 8075. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow
the 53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8076. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
(including transfer of funds)
Sec. 8077. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating
necessary changes resulting from inflation, market fluctuations, or
rate adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $50,000,000
under the authority provided by this section: Provided further, That
the Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on Appropriations
of the House of Representatives and the Senate, unless a response from
the Committees is received sooner: Provided further, That any funds
transferred pursuant to this section shall retain the same period of
availability as when originally appropriated: Provided further, That
the transfer authority provided by this section is in addition to any
other transfer authority contained elsewhere in this Act.
Sec. 8078. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order
to support the Secretary of Defense in matters relating to the
employment of unmanned aerial vehicles.
Sec. 8079. Up to $15,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the Pacific Command to execute Theater Security Cooperation
activities such as humanitarian assistance, and payment of incremental
and personnel costs of training and exercising with foreign security
forces: Provided, That funds made available for this purpose may be
used, notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses:
Provided further, That funds may not be obligated to provide assistance
to any foreign country that is otherwise prohibited from receiving such
type of assistance under any other provision of law.
Sec. 8080. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2017.
Sec. 8081. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8082. (a) Not later than 60 days after the date of enactment
of this Act, the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2016: Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 8083. None of the funds made available by this Act may be
used to retire, divest, realign or transfer RQ-4B Global Hawk aircraft,
or to disestablish or convert units associated with such aircraft.
Sec. 8084. During the current fiscal year and hereafter, none of
the funds made available by this Act for excess defense articles,
assistance under title 10, U.S.C. 2282, or peacekeeping operations for
the countries designated annually in the Department of State's
Trafficking in Persons Report to be in violation of the standards of
the Child Soldiers Prevention Act of 2008 may be used to support any
military training or operation that includes child soldiers, as defined
by the Child Soldiers Prevention Act of 2008 (Public Law 110-457; 22
U.S.C. 2370c-1), unless such assistance is otherwise permitted under
section 404 of the Child Soldiers Prevention Act of 2008.
(including transfer of funds)
Sec. 8085. Of the funds appropriated in the Intelligence Community
Management Account for the Program Manager for the Information Sharing
Environment, $20,000,000 is available for transfer by the Director of
National Intelligence to other departments and agencies for purposes of
Government-wide information sharing activities: Provided, That funds
transferred under this provision are to be merged with and available
for the same purposes and time period as the appropriation to which
transferred: Provided further, That the Office of Management and
Budget must approve any transfers made under this provision.
Sec. 8086. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) or the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease
of the levels specified in the classified annex accompanying the Act
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
Sec. 8087. The Director of National Intelligence shall submit to
Congress each year, at or about the time that the President's budget is
submitted to Congress that year under section 1105(a) of title 31,
United States Code, a future-years intelligence program (including
associated annexes) reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect to which
the budget is submitted and at least the four succeeding fiscal years.
Sec. 8088. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
Sec. 8089. The Department of Defense shall continue to report
incremental contingency operations costs for Operation Inherent
Resolve, Operation Freedom's Sentinel, and any named successor
operations, on a monthly basis and any other operation designated and
identified by the Secretary of Defense for the purposes of section 127a
of title 10, United States Code, on a semi-annual basis in the Cost of
War Execution Report as prescribed in the Department of Defense
Financial Management Regulation Department of Defense Instruction
7000.14, Volume 12, Chapter 23 ``Contingency Operations'', Annex 1,
dated September 2005.
(including transfer of funds)
Sec. 8090. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
(including transfer of funds)
Sec. 8091. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making remittances and
transfer to the Defense Acquisition Workforce Development Fund in
accordance with section 1705 of title 10, United States Code.
Sec. 8092. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 8093. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention;
or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
independent contractors that may not be enforced in a court of the
United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor for
the purposes of a particular contract or subcontract if the Secretary
or the Deputy Secretary personally determines that the waiver is
necessary to avoid harm to national security interests of the United
States, and that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered
in lieu of a waiver and the reasons each such alternative would not
avoid harm to national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
(including transfer of funds)
Sec. 8094. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$121,000,000, shall be available for transfer to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund in accordance with the provisions of section 1704 of
the National Defense Authorization Act for Fiscal Year 2010, Public Law
111-84: Provided, That, for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
as described by section 706 of Public Law 110-417: Provided further,
That additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Defense to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8095. None of the funds made available by this Act may be
used by the Secretary of Defense to take beneficial occupancy of more
than 2,500 parking spaces (other than handicap-reserved spaces) to be
provided by the BRAC 133 project: Provided, That this limitation may
be waived in part if: (1) the Secretary of Defense certifies to
Congress that levels of service at existing intersections in the
vicinity of the project have not experienced failing levels of service
as defined by the Transportation Research Board Highway Capacity Manual
over a consecutive 90-day period; (2) the Department of Defense and the
Virginia Department of Transportation agree on the number of additional
parking spaces that may be made available to employees of the facility
subject to continued 90-day traffic monitoring; and (3) the Secretary
of Defense notifies the congressional defense committees in writing at
least 14 days prior to exercising this waiver of the number of
additional parking spaces to be made available.
Sec. 8096. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for
the physical security of personnel or for force protection purposes up
to a limit of $400,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
Sec. 8097. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used by the Department of
Defense or a component thereof in contravention of section 1246(c)(2)
of the National Defense Authorization Act for Fiscal Year 2014 (Public
Law 113-66; 127 Stat. 923), as extended by section 1649 of S. 1376,
114th Congress, as reported to the Senate.
Sec. 8098. The Secretary of Defense shall report quarterly the
numbers of civilian personnel end strength by appropriation account for
each and every appropriation account used to finance Federal civilian
personnel salaries to the congressional defense committees within 15
days after the end of each fiscal quarter.
(including transfer of funds)
Sec. 8099. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $2,000,000,000 of the
funds made available in this Act for the National Intelligence Program:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2016.
Sec. 8100. None of the funds appropriated or otherwise made
available in this or any other Act may be used except in accordance
with the National Defense Authorization Act for Fiscal Year 2016, to
transfer, release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8101. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense except in accordance
with the National Defense Authorization Act for Fiscal Year 2016.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 8102. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guantanamo Bay, Cuba, to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity except in accordance with the
National Defense Authorization Act for Fiscal Year 2016.
(including transfer of funds)
Sec. 8103. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer
to the John C. Stennis Center for Public Service Development Trust Fund
established under section 116 of the John C. Stennis Center for Public
Service Training and Development Act (2 U.S.C. 1105).
Sec. 8104. None of the funds provided in this Act for the T-AO(X)
program shall be used to award a new contract that provides for the
acquisition of the following components unless those components are
manufactured in the United States: Auxiliary equipment (including
pumps) for shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes.
Sec. 8105. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be used by the Secretary of
Defense, or any other official or officer of the Department of Defense,
to enter into a contract, memorandum of understanding, or cooperative
agreement with, or make a grant to, or provide a loan or loan guarantee
to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection
(a) if the Secretary, in consultation with the Secretary of State and
the Director of National Intelligence, determines that it is in the
vital national security interest of the United States to do so, and
certifies in writing to the congressional defense committees that, to
the best of the Secretary's knowledge:
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic;
(2) The armed forces of the Russian Federation have
withdrawn from Crimea, other than armed forces present on
military bases subject to agreements in force between the
Government of the Russian Federation and the Government of
Ukraine; and
(3) Agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government of
Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with respect
to a waiver issued by the Secretary of Defense pursuant to subsection
(b), and not later than 90 days after the date on which such a waiver
is issued by the Secretary of Defense, the Inspector General shall
submit to the congressional defense committees a report containing the
results of the review conducted with respect to such waiver.
Sec. 8106. None of the funds made available by this Act may be
used to transfer more than 36 AH-64 Apache helicopter aircraft from the
Army National Guard to the active Army until 60 days after the National
Commission on the Future of the Army releases its recommendations:
Provided, That this section shall continue in effect through the date
of enactment of the National Defense Authorization Act for Fiscal Year
2016.
Sec. 8107. Notwithstanding any other provision of this Act, to
reflect savings due to lower than anticipated fuel prices, the total
amount appropriated in this Act is hereby reduced by $827,000,000.
Sec. 8108. (a) Of the funds appropriated in this Act for the
Department of Defense, amounts may be made available, under such
regulations as the Secretary may prescribe, to local military
commanders appointed by the Secretary of Defense, or by an officer or
employee designated by the Secretary, to provide at their discretion ex
gratia payments in amounts consistent with subsection (d) of this
section for damage, personal injury, or death that is incident to
combat operations of the Armed Forces in a foreign country.
(b) An ex gratia payment under this section may be provided only
if--
(1) the prospective foreign civilian recipient is
determined by the local military commander to be friendly to
the United States;
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known as
the ``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Nature of Payments.--Any payments provided under a program
under subsection (a) shall not be considered an admission or
acknowledgment of any legal obligation to compensate for any damage,
personal injury, or death.
(d) Amount of Payments.--If the Secretary of Defense determines a
program under subsection (a) to be appropriate in a particular setting,
the amounts of payments, if any, to be provided to civilians determined
to have suffered harm incident to combat operations of the Armed Forces
under the program should be determined pursuant to regulations
prescribed by the Secretary and based on an assessment, which should
include such factors as cultural appropriateness and prevailing
economic conditions.
(e) Legal Advice.--Local military commanders shall receive legal
advice before making ex gratia payments under this subsection. The
legal advisor, under regulations of the Department of Defense, shall
advise on whether an ex gratia payment is proper under this section and
applicable Department of Defense regulations.
(f) Written Record.--A written record of any ex gratia payment
offered or denied shall be kept by the local commander and on a timely
basis submitted to the appropriate office in the Department of Defense
as determined by the Secretary of Defense.
(g) Report.--The Secretary of Defense shall report to the
congressional defense committees on an annual basis the efficacy of the
ex gratia payment program including the number of types of cases
considered, amounts offered, the response from ex gratia payment
recipients, and any recommended modifications to the program.
Sec. 8109. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or
routine refurbishments, upgrades or maintenance activities, shall be
used to reduce or to prepare to reduce the number of deployed and non-
deployed strategic delivery vehicles and launchers below the levels set
forth in the report submitted to Congress in accordance with section
1042 of the National Defense Authorization Act for Fiscal Year 2012.
Sec. 8110. Of the funds provided for ``Research, Development, Test
and Evaluation, Defense-Wide'' in this Act, not less than $2,800,000
shall be used to support the Department's activities related to the
implementation of the Digital Accountability and Transparency Act (DATA
Act; Public Law 113-101; 31 U.S.C. 6101 note) and to support the
implementation of a uniform procurement instrument identifier as
described in 48 CFR subpart 4.16, to include changes in business
processes, workforce, or information technology.
Sec. 8111. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8112. It is the sense of the Senate that--
(1) the Nation's fiscal challenges are a top priority for
Congress, and sequestration--non-strategic, across-the-board
budget cuts--remains an unreasonable and inadequate budgeting
tool to address the Nation's deficits and debt;
(2) sequestration relief must be accomplished for fiscal
years 2016 and 2017;
(3) sequestration relief should include equal defense and
non-defense relief; and
(4) sequestration relief should be offset through targeted
changes in mandatory and discretionary categories and revenues.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$1,828,441,000: 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 the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$251,011,000: 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 the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$171,079,000: 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 the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$726,126,000: 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 the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$24,462,000: 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 the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$12,693,000: 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 the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$3,393,000: 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 the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$18,710,000: 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 the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$166,015,000: 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 the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $2,828,000: 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 the Balanced Budget and
Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$18,930,336,000: 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 the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$21,008,396,000: 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 the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,879,613,000: 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 the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $21,161,888,000: 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 the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $6,850,097,000: Provided, That of the funds provided under
this heading, not to exceed $1,160,000,000, to remain available until
September 30, 2017, shall be for payments to reimburse key cooperating
nations for logistical, military, and other support, including access,
provided to United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and the Levant:
Provided further, That such reimbursement payments may be made in such
amounts as the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of the Office
of Management and Budget, may determine, based on documentation
determined by the Secretary of Defense to adequately account for the
support provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days following
notification to the appropriate congressional committees: Provided
further, That these funds may be used for the purpose of providing
specialized training and procuring supplies and specialized equipment
and providing such supplies and loaning such equipment on a non-
reimbursable basis to coalition forces supporting United States
military and stability operations in Afghanistan and to counter the
Islamic State of Iraq and the Levant, and 15 days following
notification to the appropriate congressional committees: Provided
further, That these funds may be used to support the Governments of
Jordan and Lebanon, in such amounts as the Secretary of Defense may
determine, to enhance the ability of the armed forces of Jordan to
increase or sustain security along the borders with Syria and Iraq and
the ability of the armed forces of Lebanon to increase or sustain
security along the border with Syria, upon 15 days prior written
notification to the congressional defense committees outlining the
amounts intended to be provided and the nature of the expenses
incurred: Provided further, That the Secretary of Defense shall
provide quarterly reports to the congressional defense committees on
the use of funds provided in this paragraph: Provided further, 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 the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $24,559,000: 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 the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $31,643,000: 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 the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $3,455,000: 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 the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $58,106,000: 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 the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $60,845,000: 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 the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $19,900,000: 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 the Balanced
Budget and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $3,360,357,000, to
remain available until September 30, 2017: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Combined Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, construction, and funding: Provided
further, That the authority to provide assistance under this heading is
in addition to any other authority to provide assistance to foreign
nations: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund, to remain
available until expended, and used for such purposes: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the obligation
of any contribution, delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided further,
That the Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the congressional
defense committees in writing of the details of any such obligation:
Provided further, That the Secretary of Defense shall notify the
congressional defense committees of any proposed new projects or
transfer of funds between budget sub-activity groups in excess of
$20,000,000: Provided further, That the United States may accept
equipment procured using funds provided under this heading in this or
prior Acts that was transferred to the security forces of Afghanistan
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 security forces of
Afghanistan or transferred to the security forces of Afghanistan and
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, of the funds
provided under this heading, not less than $25,000,000 shall be for
recruitment and retention of women in the Afghanistan National Security
Forces: Provided further, 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 the Balanced Budget and
Emergency Deficit Control Act of 1985.
Iraq Train and Equip Fund
For the ``Iraq Train and Equip Fund'', $715,000,000, to remain
available until September 30, 2017: Provided, That such funds shall be
available to the Secretary of Defense, in coordination with the
Secretary of State, to provide assistance, including training,
equipment, logistics support, supplies, services, stipends,
infrastructure repair, renovation, and sustainment, to military and
other security forces of or associated with the Government of Iraq,
including Kurdish and tribal security forces or other local security
forces, with a national security mission, to counter the Islamic State
of Iraq and the Levant: Provided further, That the Secretary of
Defense shall ensure that prior to providing assistance to elements of
any forces such elements are appropriately vetted, including at a
minimum, assessing such elements for associations with terrorist groups
or groups associated with the Government of Iran; and receiving
commitments from such elements to promote respect for human rights and
the rule of law: Provided further, That the Secretary of Defense may
accept and retain contributions, including assistance in-kind, from
foreign governments, including the Government of Iraq, and other
entities, to carry out assistance authorized under this heading:
Provided further, That contributions of funds for the purposes provided
herein from any foreign government or other entities, may be credited
to this Fund, to remain available until expended, and used for such
purposes: Provided further, That not more than 25 percent of the funds
appropriated under this heading may be obligated or expended until not
fewer than 15 days after (1) the Secretary of Defense submits a report
to the appropriate congressional committees, describing the plan for
the provision of such training and assistance and the forces designated
to receive such assistance, and (2) the President submits a report to
the appropriate congressional committees on how assistance provided
under this heading supports a larger regional strategy: Provided
further, That of the amount provided under this heading, not more than
60 percent may be obligated or expended until not fewer than 15 days
after the date on which the Secretary of Defense certifies to the
appropriate congressional committees that an amount equal to not less
than 40 percent of the amount provided under this heading has been
contributed by other countries and entities for the purposes for which
funds are provided under this heading, of which at least 50 percent
shall have been contributed or provided by the Government of Iraq:
Provided further, That the limitation in the preceding proviso shall
not apply if the Secretary of Defense determines, in writing, that the
national security objectives of the United States will be compromised
by the application of the limitation to such assistance, and notifies
the appropriate congressional committees not less than 15 days in
advance of the exemption taking effect, including a justification for
the Secretary's determination and a description of the assistance to be
exempted from the application of such limitation: Provided further,
That the Secretary of Defense may waive a provision of law relating to
the acquisition of items and support services or sections 40 and 40A of
the Arms Export Control Act (22 U.S.C. 2780 and 2785) if the Secretary
determines such provisions of law would prohibit, restrict, delay or
otherwise limit the provision of such assistance and a notice of and
justification for such waiver is submitted to the appropriate
congressional committees: Provided further, That the term
``appropriate congressional committees'' under this heading means the
``congressional defense committees'', the Committees on Appropriations
and Foreign Relations of the Senate and the Committees on
Appropriations and Foreign Affairs of the House of Representatives:
Provided further, That amounts made available under this heading 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.
SYRIA TRAIN AND EQUIP FUND
For the ``Syria Train and Equip Fund'', $531,450,000, to remain
available until September 30, 2017: Provided, That such funds shall be
available to the Secretary of Defense, in coordination with the
Secretary of State, to provide assistance, including training,
equipment, supplies, stipends, construction of training and associated
facilities, and sustainment, to appropriately vetted elements of the
Syrian opposition and other appropriately vetted Syrian groups and
individuals for the following purposes: defending the Syrian people
from attacks by the Islamic State of Iraq and the Levant, and securing
territory controlled by the Syrian opposition; protecting the United
States, its friends and allies, and the Syrian people from the threats
posed by terrorists in Syria; and promoting the conditions for a
negotiated settlement to end the conflict in Syria: Provided further,
That the term ``appropriately vetted'' shall be construed to mean, at a
minimum, assessments of possible recipients for associations with
terrorist groups or groups associated with the Governments of Iran or
Syria; and for commitment to the rule of law and a peaceful and
democratic Syria: Provided further, That the Secretary may accept and
retain contributions, including assistance in-kind, from foreign
governments and other entities to carry out activities authorized under
this heading: Provided further, That contributions of funds for the
purposes provided herein from any foreign government or other entity to
carry out activities as authorized by this section shall be credited to
this Fund, to remain available until expended, and used for such
purposes: Provided further, That the Secretary of Defense shall comply
with the reporting requirements in section 149(d) of the Continuing
Appropriations Resolution, 2015 (Public Law 113-164): Provided
further, That the Secretary of Defense may waive a provision of law
relating to the acquisition of items and support services or sections
40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if
the Secretary determines such provisions of law would prohibit,
restrict, delay or otherwise limit the provision of such assistance and
a notice of and justification for such waiver is submitted to the
appropriate congressional committees: Provided further, That the term
``appropriate congressional committees'' under this heading means the
``congressional defense committees'', the Committees on Appropriations
and Foreign Relations of the Senate and the Committees on
Appropriations and Foreign Affairs of the House of Representatives:
Provided further, That the Secretary may provide assistance to third
countries for purposes of the provision of assistance authorized under
this heading: Provided further, That the Secretary of Defense shall
notify the congressional defense committees 15 days prior to the
provision of such assistance: Provided further, 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 the Balanced
Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$158,087,000, to remain available until September 30, 2018: 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 the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$37,260,000, to remain available until September 30, 2018: 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 the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $26,030,000, to remain available until
September 30, 2018: 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 the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$192,040,000, to remain available until September 30, 2018: 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 the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,205,596,000, to remain available until September 30, 2018:
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 the Balanced Budget and Emergency Deficit Control
Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$217,394,000, to remain available until September 30, 2018: 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 the Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$3,344,000, to remain available until September 30, 2018: 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 the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $136,930,000, to remain available until September 30,
2018: 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 the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$12,186,000, to remain available until September 30, 2018: 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 the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$48,934,000, to remain available until September 30, 2018: 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 the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$128,900,000, to remain available until September 30, 2018: 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 the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$289,142,000, to remain available until September 30, 2018: 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 the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $228,874,000, to remain available until September 30, 2018:
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 the Balanced Budget and Emergency Deficit Control
Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$3,829,964,000, to remain available until September 30, 2018:
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 the Balanced Budget and Emergency Deficit Control
Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$173,918,000, to remain available until September 30, 2018: 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 the Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment Account
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons and other procurement 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
National 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
such amount is 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.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $1,500,000, to remain available until September 30,
2017: 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 the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, 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 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.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $17,100,000, to remain available until
September 30, 2017: 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 the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $137,087,000, to remain available until
September 30, 2017: 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 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 Capital Funds'',
$88,850,000: 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 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 Program'',
$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 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 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.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$290,000,000, to remain available until September 30, 2018: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of allowing
the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, 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; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purpose provided
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 Secretary of Defense shall, not fewer than
15 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, 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 the Balanced Budget and
Emergency Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $10,262,000: 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 the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Each amount designated in this Act 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 shall be available (or rescinded, if applicable)
only if the President subsequently so designates all such amounts and
transmits such designations to the Congress.
Sec. 9002. 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.
(including transfer of funds)
Sec. 9003. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up
to $3,500,000,000 between the appropriations or funds made available to
the Department of Defense in this title: Provided, That the Secretary
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. 9004. Supervision and administration costs and costs for
design during construction associated with a construction 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.
Sec. 9005. 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 U.S. Central Command area of
responsibility: (a) passenger motor vehicles up to a limit of $75,000
per vehicle; and (b) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a limit of
$400,000 per vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 9006. 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' Emergency Response Program (CERP), for the purpose of
enabling 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 elements 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 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 congressional defense
committees quarterly commitment, obligation, 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 submit to the
congressional defense committees a written notice containing each of
the following:
(1) The location, nature and purpose of the proposed
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 completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government or
a third-party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9007. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to
coalition forces supporting military 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 provided
under this section.
Sec. 9008. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated 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 stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9009. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman 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 Pandemic Influenza Act, 2006 (Public
Law 109-148).
Sec. 9010. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated 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 approve 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 Department of Defense must certify to the
congressional defense 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. 9011. 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 determination by the Secretary of Defense that such action
is necessary to meet the operational requirements of a Commander 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. 9012. From funds made available to the Department of Defense
in this title under the heading ``Operation and Maintenance, Air
Force'', up to $140,000,000 may be 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, transportation 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 Minister 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 determine are needed after the
end of fiscal year 2016, to existing or new contracts for the sale of
defense articles or defense services consistent with the provisions of
the Arms Export 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 Secretary of
Defense shall submit to the congressional defense committees a written
notice containing a detailed justification 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 fiscal year 2016.
Sec. 9013. 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.), including 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 indicated by the circumstances, or into Syrian territory,
airspace, or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections 3 and
4 of that law (50 U.S.C. 1542 and 1543).
Sec. 9014. For the ``Ukraine Security Assistance Initiative'' as
authorized by section 1251 of S. 1376, the National Defense
Authorization Act for Fiscal Year 2016, as reported, $300,000,000 is
hereby appropriated to provide appropriate security assistance and
intelligence support, including training, equipment, and logistics
support, supplies and services, to military and other security forces
of the Government of Ukraine: 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 the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 9015. 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 Afghanistan Air Force until the
Department of Defense provides a report to the congressional defense
committees of the Afghanistan Air Force's medium airlift requirements.
The report should identify Afghanistan's ability to utilize and
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.
Sec. 9016. The Secretary of Defense may obligate and expend funds
made available to the Department of Defense in this title for
additional costs associated with projects funded with amounts provided
under the heading ``Afghanistan Infrastructure Fund'' in prior Acts:
Provided, That such costs shall be limited to contract changes
resulting from inflation, market fluctuation, rate adjustments, and
other necessary contract actions to complete the projects, and
associated supervision and administration costs and costs for design
during construction: Provided further, That the Secretary may not use
more than $100,000,000 under the authority provided in this section:
Provided further, That the Secretary shall highlight such contract
changes and adjustments in annual reports to the congressional defense
committees.
Sec. 9017. It is the sense of the Senate that Congress should
enact an updated Authorization for Use of Military Force to clarify the
United States military role against the Islamic State of Iraq and the
Levant (ISIL).
This division may be cited as the ``Department of Defense
Appropriations Act, 2016''.
DIVISION B--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS 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 supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, 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 specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects, and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $109,000,000, to
remain available until expended.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, 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);
$1,641,000,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized 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 waterways projects shall be derived from the Inland
Waterways Trust Fund, except as otherwise specifically provided for in
law.
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, $330,000,000, 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 harbors 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 damage reduction, aquatic
ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $2,909,000,000, to remain available until
expended, of which such sums as are necessary to cover the Federal
share of eligible operation and maintenance costs for coastal harbors
and channels, and for inland harbors shall be derived from the Harbor
Maintenance Trust Fund; of which such sums as become available from the
special 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 resource 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 maintenance 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
beginning 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 Engineers shall allocate during the
fourth quarter any remaining funds which have not been used for
emergency activities proportionally in accordance with the amounts
provided for the programs, projects, or activities.
regulatory program
For expenses necessary for administration of laws pertaining 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 performed as part of the Nation's
early atomic energy program, $101,500,000, 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 operations, repairs, and other
activities in response to such disasters as authorized by law,
$28,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation 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 allocable to the civil works
program, $178,000,000, 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 executive direction
and management activities of the division offices: Provided further,
That any Flood Control and Coastal Emergencies appropriation may be
used to fund the supervision and general administration of emergency
operations, repairs, and other activities in response to any flood,
hurricane, 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), $3,000,000, to remain
available until September 30, 2017.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer and rescission 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 program, 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 contained in subsections 6
through 10, unless prior approval is received from the House
and Senate Committees 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 obligations 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 judgments:
Provided further, That up to $300,000 may be reprogrammed into
any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operations and maintenance.--Unlimited reprogramming
authority is granted in order for the Corps to be able to
respond to emergencies: Provided, That the Chief of Engineers
must notify the House and Senate Committees on Appropriations
of these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount 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 reprogrammed into any continuing study or
activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The same
reprogramming guidelines for the Investigations, Construction,
and Operation and Maintenance portions of the Mississippi River
and Tributaries Account as listed above; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(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 Corps of Engineers shall submit a report to the House and Senate
Committees on Appropriations to establish the baseline for application
of reprogramming and transfer authorities for the current fiscal year:
Provided, That the report shall include:
(1) A table for each appropriation with a separate 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 appropriation 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 congressional
interest.
Sec. 102. (a) Of the funds made available in prior appropriations
Acts for water resources efforts under the headings ``Corps of
Engineers-Civil, Department of the Army, Construction'' that remain
unobligated as of the date of enactment of this Act, including amounts
specified in law for particular projects, programs, or activities,
$128,000,000 is rescinded.
(b) None of the funds under subsection (a) may be rescinded from
amounts that the Congress designated as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Sec. 103. 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 $4,700,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 104. 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 enforce any change to the regulations in effect on
October 1, 2012, pertaining to the definitions of the terms ``fill
material'' or ``discharge of fill material'' for the purposes of the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
project deauthorization
Sec. 105. (a) Not later than 180 days after the date of enactment
of this Act, the Secretary shall execute a transfer 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
Development 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 restoration 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.
Sec. 106. Section 5032(a)(2) of the Water Resources Development
Act of 2007 (Public Law 110-114; 121 Stat. 1205) is amended by striking
``15'' and inserting ``20''.
Sec. 107. (a) No funds made available in this Act or any prior Act
shall be available to reallocate water within the Alabama-Coosa-
Tallapoosa (ACT) river basin, or any study thereof, until the Corps of
Engineers has executed a Partnering Agreement with Alabama and Georgia
outlining the participation of each State in a water reallocation study
for the ACT river basin.
(b) The prohibition in subsection (a) shall apply to the use of
contributed or other non-Federal funds.
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, $9,874,000, to remain available 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 until
September 30, 2017, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided further,
That, for fiscal year 2016, of the amount made available to the
Commission under this Act or any other Act, the Commission may use an
amount not to exceed $1,500,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $988,131,000, to remain available until expended, of which
$22,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $5,899,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts as may be
necessary may be advanced to the Colorado River Dam Fund: Provided,
That such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That, of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 6806 shall be derived from that Fund or
account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which the funds were
contributed: Provided further, That funds advanced under 43 U.S.C.
397a shall be credited to this account and are available until expended
for the same purposes as the sums appropriated under this heading:
Provided further, That, of the amounts provided herein, funds may be
used for high-priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $49,528,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law
102-575, to remain available until expended: Provided, That the Bureau
of Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the
funds made available under this heading may be used for the acquisition
or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $37,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further,
That CALFED implementation shall be carried out in a balanced manner
with clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2017, $58,500,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in this title 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 for any program, project, or activity
for which funds have been denied or restricted by this Act;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress;
(5) transfers funds in excess of the following limits--
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $300,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category; or
(7) transfers, when necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ``transfer'' means any
movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of both Houses of Congress
detailing all the funds reprogrammed between programs, projects,
activities, or categories of funding. The first quarterly report shall
be submitted not later than 60 days after the date of enactment of this
Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. Section 9504(e) of the Secure Water Act of 2009 (42
U.S.C. 10364(e)) is amended by striking ``$300,000,000'' and inserting
``$500,000,000''.
Sec. 204. Title I of Public Law 108-361 (the Calfed Bay-Delta
Authorization Act) (118 Stat. 1681), as amended by section 210 of
Public Law 111-85, is amended by striking ``2016'' each place it
appears and inserting ``2020''.
Sec. 205. The Reclamation Safety of Dams Act of 1978 is amended
by--
(1) striking ``Construction'' and inserting ``Except as
provided in section 5B, construction'' in section 3; and
(2) inserting after section 5A (43 U.S.C. 509a) the
following:
``Sec. 5B. Notwithstanding section 3, if the Secretary, in her
judgment, determines that additional project benefits, including but
not limited to additional conservation storage capacity, are necessary
and in the interests of the United States and the project and are
feasible and not inconsistent with the purposes of this Act, the
Secretary is authorized to develop additional project benefits through
the construction of new or supplementary works on a project in
conjunction with the Secretary's activities under section 2 of this Act
and subject to the conditions described in the feasibility study,
provided the costs associated with developing the additional project
benefits are allocated to the authorized purposes of the project that
have a benefit, a cost share agreement related to the additional
project benefits is reached among State and Federal funding agencies
and repaid consistent with all provisions of Federal Reclamation law
(the Act of June 17, 1902, 43 U.S.C. 371 et seq.) and acts supplemental
to and amendatory of that Act.''.
Sec. 206. Section 5 of the Reclamation Safety of Dams Act of 1978
(43 U.S.C. 509) is amended in the first sentence--
(a) by inserting ``and effective October 1, 2015, not to exceed an
additional $1,100,000,000 (October 1, 2003, price levels),'' after
``(October 1, 2003, price levels),'';
(b) in the proviso--
(1) by striking ``$1,250,000'' and inserting
``$20,000,000''; and
(2) by striking ``Congress'' and inserting ``Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate''; and
(3) by adding at the end the following: ``For modification
expenditures between $1,800,000 and $20,000,000 (October 1,
2013, price levels), the Secretary of the Interior shall, at
least 30 days before the date on which the funds are expended,
submit written notice of the expenditures to the Committee on
Natural Resources of the House of Representatives and Committee
on Energy and Natural Resources of the Senate that provides a
summary of the project, the cost of the project, and any
alternatives that were considered.''.
Sec. 207. The Secretary of the Interior, acting through the
Commissioner of Reclamation, shall--
(a) complete the feasibility studies described in clauses (i)(I)
and (ii)(II) of section 103(d)(1)(A) of Public Law 108-361 (118 Stat.
1684) and submit such studies to the appropriate committees of the
House of Representatives and the Senate not later than December 31,
2015;
(b) complete the feasibility study described in clause (i)(II) of
section 103(d)(1)(A) of Public Law 108-361 and submit such study to the
appropriate committees of the House of Representatives and the Senate
not later than November 30, 2016;
(c) complete a publicly available draft feasibility study for the
project described in clause (ii)(I) of section 103(d)(1)(A) of Public
Law 108-361 and submit such study to the appropriate committees of the
House of Representatives and the Senate not later than November 30,
2016;
(d) complete the feasibility study described in clause (ii)(I) of
section 103(d)(1)(A) of Public Law 108-361 and submit such study to the
appropriate committees of the House of Representatives and the Senate
not later than November 30, 2017;
(e) complete the feasibility study described in section
103(f)(1)(A) of Public Law 108-361 (118 Stat. 1694) and submit such
study to the appropriate committees of the House of Representatives and
the Senate not later than December 31, 2017; and
(f) provide a progress report on the status of the feasibility
studies referred to in paragraphs (1) through (3) to the appropriate
committees of the House of Representatives and the Senate not later
than 90 days after the date of the enactment of this Act and each 180
days thereafter until December 31, 2017, as applicable. The report
shall include timelines for study completion, draft environmental
impact statements, final environmental impact statements, and Records
of Decision.
Sec. 208. Notwithstanding any other provision of this Act, funds
provided by this Act for California Bay-Delta Restoration may be used
to deliver water to the Trinity River above the minimum requirements of
the Trinity Record of Decision or to supplement flows in the Klamath
River.
Sec. 209. Notwithstanding any other provision of this Act, funds
made available by this Act for Central Valley Project Restoration Fund
may be used for all authorized activities necessary to supplement or
enhance the instream flow requirements in the State of California that
are mandated under the Endangered Species Act of 1973 and the Central
Valley Project Improvement Act.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including transfer and rescission of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $1,950,000,000, to
remain available until expended: Provided, That, of such amount,
$160,000,000 shall be available until September 30, 2017, for program
direction: Provided further, That, of the amount provided under this
heading, the Secretary may transfer up to $45,000,000 to the Defense
Production Act Fund for activities of the Department of Energy pursuant
to the Defense Production Act of 1950 (50 U.S.C. App. 2061, et seq.).
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $152,306,000, to
remain available until expended: Provided, That, of such amount,
$27,000,000 shall be available until September 30, 2017, for program
direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $950,161,000, to remain available until
expended: Provided, That, of such amount, $80,000,000 shall be
available until September 30, 2017, for program direction including
official reception and representation expenses not to exceed $10,000:
Provided, That, of such amount, $24,000,000 shall be derived from the
Nuclear Waste Fund.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out fossil
energy research and development activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for plant
or facility acquisition or expansion, and for conducting inquiries,
technological investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $610,000,000, to remain available until expended: Provided,
That, of such amount, $115,000,000 shall be available until September
30, 2017, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $17,500,000, to remain
available until expended: Provided, That, notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $200,000,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $7,600,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $122,000,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $244,000,000, to remain available until
expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$614,000,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$32,959,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 17 passenger motor vehicles
for replacement only, including one ambulance and one bus,
$5,143,877,000, to remain available until expended: Provided, That, of
such amount, $185,000,000 shall be available until September 30, 2017,
for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $291,000,000, to remain available until expended:
Provided, That, of such amount, $28,000,000 shall be available until
September 30, 2017, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That, for
necessary administrative expenses to carry out this Loan Guarantee
program, $42,000,000 is appropriated, to remain available until
September 30, 2017: Provided further, That $25,000,000 of the fees
collected pursuant to section 1702(h) of the Energy Policy Act of 2005
shall be credited as offsetting collections to this account to cover
administrative expenses and shall remain available until expended, so
as to result in a final fiscal year 2016 appropriation from the general
fund estimated at not more than $17,000,000: Provided further, That
fees collected under section 1702(h) in excess of the amount
appropriated for administrative expenses shall not be available until
appropriated: Provided further, That the Department of Energy shall
not subordinate any loan obligation to other financing in violation of
section 1702 of the Energy Policy Act of 2005 or subordinate any
Guaranteed Obligation to any loan or other debt obligations in
violation of section 609.10 of title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $6,000,000, to remain available until September 30, 2017.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$248,142,000, to remain available until September 30, 2017, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same or greater
amount: Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $117,171,000 in fiscal year
2016 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2016 appropriation from the general fund estimated at not more than
$130,971,000: Provided further, That, of the total amount made
available under this heading, $31,297,000 is for Energy Policy and
Systems Analysis.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$46,424,000, to remain available until September 30, 2017.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $8,882,364,000, to
remain available until expended: Provided, That of such amount,
$97,118,000 shall be available until September 30, 2017, for program
direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $1,705,912,000, to
remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,300,000,000,
to remain available until expended: Provided, That of such amount,
$42,504,000 shall be available until September 30, 2017, for program
direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $375,000,000, to remain
available until September 30, 2017, including official reception and
representation expenses not to exceed $12,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one fire apparatus pumper truck and one armored vehicle
for replacement only, $5,180,000,000, to remain available until
expended: Provided, That, of such amount, $281,951,000 shall be
available until September 30, 2017, for program direction: Provided
further, That the Office of Environmental Management shall not accept
ownership or responsibility for cleanup of any National Nuclear
Security Administration facilities or sites without funding
specifically designated for that purpose in an Appropriations Act at
the time of transfer.
Defense Uranium Enrichment Decontamination and Decommissioning
(including transfer of funds)
For an additional amount for atomic energy defense environmental
cleanup activities for Department of Energy contributions for uranium
enrichment decontamination and decommissioning activities,
$614,000,000, to be deposited into the Defense Environmental Cleanup
account which shall be transferred to the ``Uranium Enrichment
Decontamination and Decommissioning Fund''.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $764,000,000, to remain available until expended: Provided,
That, of such amount, $249,137,000 shall be available until September
30, 2017, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Shoshone Paiute Trout Hatchery, the Spokane Tribal Hatchery, the Snake
River Sockeye Weirs and, in addition, for official reception and
representation expenses in an amount not to exceed $5,000: Provided,
That, during fiscal year 2016, no new direct loan obligations may be
made.
Operations and Maintenance, Southeastern Power Administration
For expenses necessary for operations and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $6,900,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended: Provided, That,
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act
of 1944, up to $6,900,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2016 appropriation estimated at not more
than $0: Provided further, That, notwithstanding 31 U.S.C. 3302, up to
$66,500,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That, for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operations and Maintenance, Southwestern Power Administration
For expenses necessary for operations and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $47,361,000, to remain available until expended:
Provided, That, notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), up to $35,961,000 collected
by the Southwestern Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Southwestern Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2016 appropriation
estimated at not more than $11,400,000: Provided further, That,
notwithstanding 31 U.S.C. 3302, up to $63,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That, for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operations and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $307,714,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $302,000,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That,
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $214,342,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2016 appropriation
estimated at not more than $93,372,000, of which $87,658,000 is derived
from the Reclamation Fund: Provided further, That, notwithstanding 31
U.S.C. 3302, up to $352,813,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That, for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operations, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $4,490,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954
(68 Stat. 255): Provided, That, notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $4,262,000 collected by the Western
Area Power Administration from the sale of power and related services
from the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area
Power Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2016 appropriation estimated at not more than $228,000: Provided
further, That, for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same year that
they are incurred: Provided further, That, for fiscal year 2016, the
Administrator of the Western Area Power Administration may accept up to
$460,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further appropriation
and without fiscal year limitation for use by the Commissioner of the
United States Section of the International Boundary and Water
Commission for the sole purpose of operating, maintaining, repairing,
rehabilitating, replacing, or upgrading the hydroelectric facilities at
these Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, official reception and representation expenses not to
exceed $3,000, and the hire of passenger motor vehicles, $319,800,000,
to remain available until expended: Provided, That, notwithstanding
any other provision of law, not to exceed $319,800,000 of revenues from
fees and annual charges, and other services and collections in fiscal
year 2016 shall be retained and used for expenses necessary in this
account, and shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2016 so as to result in a
final fiscal year 2016 appropriation from the general fund estimated at
not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer and rescissions of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of both Houses of Congress at least 3 full business days
in advance, none of the funds made available in this title may be used
to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including a
contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A)
or (B).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant allocation or
discretionary grant award totaling less than $1,000,000 provided during
the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'',
enter into a multiyear contract, award a multiyear grant, or enter into
a multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by
law for the programs, projects, and activities specified in the
``Bill'' column in the ``Department of Energy'' table included under
the heading ``Title III--Department of Energy'' in the report of the
Committee on Appropriations accompanying this Act.
(e) The amounts made available by this title may be reprogrammed
for any program, project, or activity, and the Department shall notify
the Committees on Appropriations of both Houses of Congress at least 30
days prior to the use of any proposed reprogramming that would cause
any program, project, or activity funding level to increase or decrease
by more than $5,000,000 or 10 percent, whichever is less, during the
time period covered by this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.
Sec. 302. The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
Sec. 303. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2016 until the enactment of the Intelligence
Authorization Act for fiscal year 2016.
Sec. 304. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight
is conducted by the Office of Independent Enterprise Assessments to
ensure the project is in compliance with nuclear safety requirements.
Sec. 305. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost
exceeds $100,000,000, until a separate independent cost estimate has
been developed for the project for that critical decision.
Sec. 306. (a) Definitions.--In this section:
(1) Affected indian tribe.--The term ``affected Indian
tribe'' has the meaning given the term in section 2 of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(2) High-level radioactive waste.--The term ``high-level
radioactive waste'' has the meaning given the term in section 2
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(3) Nuclear waste fund.--The term ``Nuclear Waste Fund''
means the Nuclear Waste Fund established under section 302(c)
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) Spent nuclear fuel.--The term ``spent nuclear fuel''
has the meaning given the term in section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101).
(b) Pilot Program.--Notwithstanding any provision of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.), the Secretary is
authorized, in the current fiscal year and subsequent fiscal years, to
conduct a pilot program, through 1 or more private sector partners, to
license, construct, and operate 1 or more government or privately owned
consolidated storage facilities to provide interim storage as needed
for spent nuclear fuel and high-level radioactive waste, with priority
for storage given to spent nuclear fuel located on sites without an
operating nuclear reactor.
(c) Requests for Proposals.--Not later than 120 days after the date
of enactment of this Act, the Secretary shall issue a request for
proposals for cooperative agreements--
(1) to obtain any license necessary from the Nuclear
Regulatory Commission for the construction of 1 or more
consolidated storage facilities;
(2) to demonstrate the safe transportation of spent nuclear
fuel and high-level radioactive waste, as applicable; and
(3) to demonstrate the safe storage of spent nuclear fuel
and high-level radioactive waste, as applicable, at the 1 or
more consolidated storage facilities pending the construction
and operation of deep geologic disposal capacity for the
permanent disposal of the spent nuclear fuel.
(d) Consent-Based Approval.--Prior to siting a consolidated storage
facility pursuant to this section, the Secretary shall enter into an
agreement to host the facility with--
(1) the Governor of the State;
(2) each unit of local government within the jurisdiction
of which the facility is proposed to be located; and
(3) each affected Indian tribe.
(e) Applicability.--In executing this section, the Secretary shall
comply with--
(1) all licensing requirements and regulations of the
Nuclear Regulatory Commission; and
(2) all other applicable laws (including regulations).
(f) Pilot Program Plan.--Not later than 120 days after the date on
which the Secretary issues the request for proposals under subsection
(c), the Secretary shall submit to Congress a plan to carry out this
section that includes--
(1) an estimate of the cost of licensing, constructing, and
operating a consolidated storage facility, including the
transportation costs, on an annual basis, over the expected
lifetime of the facility;
(2) a schedule for--
(A) obtaining any license necessary to construct
and operate a consolidated storage facility from the
Nuclear Regulatory Commission;
(B) constructing the facility;
(C) transporting spent fuel to the facility; and
(D) removing the spent fuel and decommissioning the
facility; and
(3) an estimate of the cost of any financial assistance,
compensation, or incentives proposed to be paid to the host
State, Indian tribe, or local government;
(4) an estimate of any future reductions in the damages
expected to be paid by the United States for the delay of the
Department of Energy in accepting spent fuel expected to result
from the pilot program;
(5) recommendations for any additional legislation needed
to authorize and implement the pilot program; and
(6) recommendations for a mechanism to ensure that any
spent nuclear fuel or high-level radioactive waste stored at a
consolidated storage facility pursuant to this section shall
move to deep geologic disposal capacity, following a consent-
based approval process for that deep geologic disposal capacity
consistent with subsection (d), within a reasonable time after
the issuance of a license to construct and operate the
consolidated storage facility.
(g) Public Participation.--Prior to choosing a site for the
construction of a consolidated storage facility under this section, the
Secretary shall conduct 1 or more public hearings in the vicinity of
each potential site and in at least 1 other location within the State
in which the site is located to solicit public comments and
recommendations.
(h) Use of Nuclear Waste Fund.--The Secretary may make expenditures
from the Nuclear Waste Fund to carry out this section, subject to
appropriations.
Sec. 307. (a) Notification of Strategic Petroleum Reserve
Drawdown.--None of the funds made available by this Act or any prior or
subsequent Act, or funds made available in the SPR Petroleum Account,
may be used in this fiscal year or each subsequent fiscal year, to
conduct a drawdown (including a test drawdown) and sale or exchange of
petroleum products from the Strategic Petroleum Reserve unless the
Secretary of Energy provides notice, in accordance with subsection (b),
of such exchange, or drawdown (including a test drawdown) to the
Committees on Appropriations of both Houses of Congress.
(b)(1) Content of notification.--The notification required under
subsection (a) shall include at a minimum--
(A) the justification for the drawdown or exchange,
including--
(i) a specific description of any obligation under
international energy agreements; and
(ii) in the case of a test drawdown, the specific
aspects of the Strategic Petroleum Reserve to be
tested;
(B) the provisions of law (including regulations)
authorizing the drawdown or exchange;
(C) the number of barrels of petroleum products proposed to
be withdrawn or exchanged;
(D) the location of the Strategic Petroleum Reserve site or
sites from which the petroleum products are proposed to be
withdrawn;
(E) a good faith estimate of the expected proceeds from the
sale of the petroleum products;
(F) an estimate of the total inventories of petroleum
products in the Strategic Petroleum Reserve after the
anticipated drawdown;
(G) a detailed plan for disposition of the proceeds after
deposit into the SPR Petroleum Account; and
(H) a plan for refilling the Strategic Petroleum Reserve,
including whether the acquisition will be of the same or a
different petroleum product.
(2) Timing of notification.--The Secretary shall provide
the notification required under subsection (a)--
(A) in the case of an exchange or a drawdown, as
soon as practicable after the exchange or drawdown has
occurred; and
(B) in the case of a test drawdown, not later than
30 days prior to the test drawdown.
(c) Post-Sale Notification.--In addition to reporting requirements
under other provisions of law, the Secretary shall, upon the execution
of all contract awards in this fiscal year and each subsequent fiscal
year associated with a competitive sale of petroleum products, notify
the Committees on Appropriations of both Houses of Congress of the
actual value of the proceeds from the sale.
(d)(1) New regional reserves.--The Secretary may not establish any
new regional petroleum product reserve unless funding for the proposed
regional petroleum product reserve is explicitly requested in advance
in an annual budget submission and approved by the Congress in an
appropriations Act.
(2) The budget request or notification shall include--
(A) the justification for the new reserve;
(B) a cost estimate for the establishment,
operation, and maintenance of the reserve, including
funding sources;
(C) a detailed plan for operation of the reserve,
including the conditions upon which the products may be
released;
(D) the location of the reserve; and
(E) the estimate of the total inventory of the
reserve.
Sec. 308. (a) Unobligated balances available from appropriations
for fiscal years 2005 through 2010 are hereby permanently rescinded
from the following accounts of the Department of Energy in the
specified amounts:
(1) ``Energy Programs--Energy Efficiency and Renewable
Energy'', $16,677,000.
(2) ``Energy Programs--Electricity Delivery and Energy
Reliability'', $900,000.
(3) ``Energy Programs--Nuclear Energy'', $1,665,000.
(4) ``Energy Programs--Fossil Energy Research and
Development'', $12,064,000.
(5) ``Energy Programs--Science'', $4,717,000.
(6) ``Power Marketing Administrations--Construction,
Rehabilitation, Operation and Maintenance, Western Area Power
Administration'', $4,832,000.
(b) No amounts may be rescinded by this section from amounts that
were designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 309. (a) Unobligated balances available from appropriations
are hereby permanently rescinded from the following accounts of the
Department of Energy in the specified amounts:
(1) ``Atomic Energy Defense Activities--National Nuclear
Security Administration--Weapons Activities'', $65,135,000.
(2) ``Atomic Energy Defense Activities--National Nuclear
Security Administration--Defense Nuclear Nonproliferation'',
$19,324,000.
(3) ``Atomic Energy Defense Activities--National Nuclear
Security Administration--Naval Reactors'', $628,000.
(b) No amounts may be rescinded by this section from amounts that
were designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 310. Of the amounts made available by this Act for ``National
Nuclear Security Administration--Weapons Activities'', up to
$50,000,000 may be reprogrammed within such account for Domestic
Uranium Enrichment, subject to the notice requirements in section 301.
technical correction
Sec. 311. (a) Contracts for Storage.--Notwithstanding any other
provision of law and subject to the availability of appropriations, the
Secretary is authorized, in this year and each subsequent fiscal year,
to enter into contracts to store spent nuclear fuel and high-level
radioactive waste, as applicable, to which the Secretary holds the
title or has a contract to accept title, at any facility licensed by
the Nuclear Regulatory Commission for such storage.
(b) Transfer of Title.--Delivery, and acceptance by the Secretary,
of any spent nuclear fuel or high-level radioactive waste for storage
under this section shall constitute a transfer of title to the
Secretary of such spent fuel or waste.
(c) Contract Modification.--The Secretary is authorized to enter
into new contracts or modify existing contracts with any person who
generates or holds title to high-level radioactive waste or spent
nuclear fuel, of domestic origin for the acceptance of title,
subsequent transportation, and storage of such high-level radioactive
waste or spent nuclear fuel at a facility described under subsection
(a).
Sec. 312. Notwithstanding any other provision of law, the
provisions of 40 U.S.C. 11319 shall not apply to funds appropriated in
this title to Federally Funded Research and Development Centers
sponsored by the Department of Energy.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C.
14704, and for expenses necessary for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment of the
Federal share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire of
passenger motor vehicles, $105,000,000, to remain available until
expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $29,150,000, to
remain available until September 30, 2017.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to
carry out its activities, as authorized by the Delta Regional Authority
Act of 2000, notwithstanding sections 382C(b)(2), 382F(d), 382M, and
382N of said Act, $25,000,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $11,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title
III, Public Law 105-277), as amended by section 701 of appendix D,
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $7,500,000, to remain available until expended: Provided,
That such amounts shall be available for administrative expenses,
notwithstanding section 15751(b) of title 40, United States Code.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $990,000,000, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That, of the amount appropriated herein, not more than $7,500,000 may
be made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2017,
of which, notwithstanding section 201(a)(2)(c) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and
expenditure shall only be approved by a majority vote of the
Commission: Provided further, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$872,864,000 in fiscal year 2016 shall be retained and used for
necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 2016 so as to result in
a final fiscal year 2016 appropriation estimated at not more than
$117,136,000.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$12,136,000, to remain available until September 30, 2017: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $10,060,000 in fiscal year 2016
shall be retained and be available until September 30, 2017, for
necessary salaries and expenses in this account, notwithstanding
section 3302 of title 31, United States Code: Provided further, That
the sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2016 so as to result in a final fiscal year
2016 appropriation estimated at not more than $2,076,000: Provided
further, That, of the amounts appropriated under this heading, $958,000
shall be for Inspector General services for the Defense Nuclear
Facilities Safety Board, which shall not be available from fee
revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051, $3,600,000,
to be derived from the Nuclear Waste Fund, to remain available until
September 30, 2017.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. (a) The amounts made available by this title for the
Nuclear Regulatory Commission may be reprogrammed for any program,
project, or activity, and the Commission shall notify the Committees on
Appropriations of both Houses of Congress at least 30 days prior to the
use of any proposed reprogramming that would cause any program funding
level to increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification
requirement in (a) if compliance with such requirement would pose a
substantial risk to human health, the environment, welfare, or national
security.
(2) The Nuclear Regulatory Commission shall notify the Committees
on Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days after
the date of the activity to which a requirement or restriction would
otherwise have applied. Such notice shall include an explanation of the
substantial risk under paragraph (1) that permitted such waiver and
shall provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through a
reprogramming of funds that increases funds or personnel for any
program, project, or activity for which funds are denied or restricted
by this Act.
(d) The Commission shall provide a monthly report to the Committees
on Appropriations of both Houses of Congress, which includes the
following for each program, project, or activity, including any prior
year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
Sec. 402. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information.
Sec. 403. Public Law 105-277, division A, section 101(g) (title
III, section 329(a), (b)) is amended by inserting, in subsection (b),
after ``State law'' and before the period the following: ``or for the
construction and repair of barge mooring points and barge landing sites
to facilitate pumping fuel from fuel transport barges into bulk fuel
storage tanks.''.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the report of the
Committee on Appropriations accompanying this Act, or any authority
whereby a department, agency, or instrumentality of the United States
Government may provide goods or services to another department, agency,
or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced
in the report of the Committee on Appropriations accompanying this Act,
or any authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to another
department, agency, or instrumentality.
(c) The head of any relevant department or agency funded in this
Act utilizing any transfer authority shall submit to the Committees on
Appropriations of both Houses of Congress a semiannual report detailing
the transfer authorities, except for any authority whereby a
department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-to-date.
This report shall include the amounts transferred and the purposes for
which they were transferred, and shall not replace or modify existing
notification requirements for each authority.
Sec. 503. None of the funds made available by this Act may be used
to implement, administer, carry out, modify, revise, or enforce
Executive Order 13690 (entitled ``Establishing a Federal Flood Risk
Management Standard and a Process for Further Soliciting and
Considering Stakeholder Input'').
This division may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2016''.
DIVISION C--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $133,362,000: Provided, That
not to exceed $45,000 shall be for official reception and
representation expenses: Provided further, That all official costs
associated with the use of government aircraft by Department of
Homeland Security personnel to support official travel of the Secretary
and the Deputy Secretary shall be paid from amounts made available for
the Immediate Office of the Secretary and the Immediate Office of the
Deputy Secretary: Provided further, That, not later than 30 days after
the date of enactment of this Act, the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives, the Committees on the Judiciary of the House
of Representatives and the Senate, the Committee on Homeland Security
of the House of Representatives, and the Committee on Homeland Security
and Governmental Affairs of the Senate the comprehensive plan for
implementation of the biometric entry and exit data system as required
under this heading in Public Law 114-4 and a report on visa overstay
data by country as required by section 1376 of title 8, United States
Code: Provided further, That the report on visa overstay data shall
also include--
(1) overstays from all nonimmigrant visa categories under
the immigration laws, delineated by each of the classes and
sub-classes of such categories; and
(2) numbers as well as rates of overstays for each class
and sub-class of such nonimmigrant categories on a per-country
basis:
Provided further, That, of the funds provided under this heading,
$13,000,000 shall be withheld from obligation for the Office of the
Secretary and Executive Management until both the comprehensive plan
and the report are submitted.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $184,465,000, of which
not to exceed $2,250 shall be for official reception and representation
expenses: Provided, That, of the total amount made available under
this heading, $2,931,000 shall remain available until September 30,
2017, solely for the alteration and improvement of facilities, tenant
improvements, and relocation costs to consolidate Department
headquarters operations at the Nebraska Avenue Complex; and $7,778,000
shall remain available until September 30, 2017, for the Human
Resources Information Technology program: Provided further, That the
Under Secretary for Management shall include in the President's budget
proposal for fiscal year 2017, submitted pursuant to section 1105(a) of
title 31, United States Code, a Comprehensive Acquisition Status
Report, which shall include the information required under the heading
``Office of the Under Secretary for Management'' under title I of
division D of the Consolidated Appropriations Act, 2012 (Public Law
112-74), and shall submit quarterly updates to such report not later
than 45 days after the completion of each quarter.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $53,420,000: Provided, That the Secretary of
Homeland Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, at the time the
President's budget proposal for fiscal year 2017 is submitted pursuant
to section 1105(a) of title 31, United States Code, the Future Years
Homeland Security Program, as authorized by section 874 of Public Law
107-296 (6 U.S.C. 454).
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Departmentwide technology investments,
$304,479,000; of which $104,790,000 shall be available for salaries and
expenses; and of which $199,689,000, to remain available until
September 30, 2017, shall be available for development and acquisition
of information technology equipment, software, services, and related
activities for the Department of Homeland Security.
Analysis and Operations
For necessary expenses for intelligence analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $263,467,000; of which not
to exceed $3,825 shall be for official reception and representation
expenses; of which not to exceed $2,000,000 is available for facility
needs associated with secure space at fusion centers, including
improvements to buildings; and of which $109,639,000 shall remain
available until September 30, 2017.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $134,488,000; of which not to exceed $300,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, agricultural inspections and regulatory
activities related to plant and animal imports, and transportation of
unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500
for replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $8,779,325,000; of which
$3,274,000 shall be derived from the Harbor Maintenance Trust Fund for
administrative expenses related to the collection of the Harbor
Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1));
of which not to exceed $34,425 shall be for official reception and
representation expenses; of which such sums as become available in the
Customs User Fee Account, except sums subject to section 13031(f)(3) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations; and of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland Security:
Provided, That, of the amounts made available under this heading for
Inspection and Detection Technology Investments, $18,500,000 shall
remain available until September 30, 2018: Provided further, That, for
fiscal year 2016, the overtime limitation prescribed in section 5(c)(1)
of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000;
and notwithstanding any other provision of law, none of the funds
appropriated by this Act shall be available to compensate any employee
of U.S. Customs and Border Protection for overtime, from whatever
source, in an amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or the designee
of the Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration emergencies:
Provided further, That the Border Patrol shall maintain an active duty
presence of not less than 21,370 full-time equivalent agents protecting
the borders of the United States in the fiscal year.
automation modernization
For necessary expenses for U.S. Customs and Border Protection for
operation and improvement of automated systems, including salaries and
expenses, $854,029,000; of which $463,059,000 shall remain available
until September 30, 2018; and of which not less than $151,062,000 shall
be for the development of the Automated Commercial Environment.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure, and
technology, $373,461,000, to remain available until September 30, 2017.
air and marine operations
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems, the
Air and Marine Operations Center, and other related equipment of the
air and marine program, including salaries and expenses, operational
training, and mission-related travel, the operations of which include
the following: the interdiction of narcotics and other goods; the
provision of support to Federal, State, and local agencies in the
enforcement or administration of laws enforced by the Department of
Homeland Security; and, at the discretion of the Secretary of Homeland
Security, the provision of assistance to Federal, State, and local
agencies in other law enforcement and emergency humanitarian efforts;
$754,614,000; of which $303,445,000 shall be available for salaries and
expenses; and of which $451,169,000 shall remain available until
September 30, 2018: Provided, That no aircraft or other related
equipment, with the exception of aircraft that are one of a kind and
have been identified as excess to U.S. Customs and Border Protection
requirements and aircraft that have been damaged beyond repair, shall
be transferred to any other Federal agency, department, or office
outside of the Department of Homeland Security during fiscal year 2016
without prior notice to the Committees on Appropriations of the Senate
and the House of Representatives: Provided further, That the Secretary
of Homeland Security shall report to the Committees on Appropriations
of the Senate and the House of Representatives, not later than 90 days
after the date of enactment of this Act, on any changes to the 5-year
strategic plan of the air and marine program required under the heading
``Air and Marine Interdiction, Operations, and Maintenance'' in Public
Law 112-74.
construction and facilities management
For necessary expenses to plan, acquire, construct, renovate,
equip, furnish, operate, manage, and maintain buildings, facilities,
and related infrastructure necessary for the administration and
enforcement of the laws relating to customs, immigration, and border
security, $313,500,000, to remain available until September 30, 2020.
U.S. Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations, including
intellectual property rights and overseas vetted units operations; and
purchase and lease of up to 3,790 (2,350 for replacement only) police-
type vehicles; $5,762,494,000; of which not to exceed $10,000,000 shall
be available until expended for conducting special operations under
section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081);
of which not to exceed $11,475 shall be for official reception and
representation expenses; of which not to exceed $2,000,000 shall be for
awards of compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security; of which not
less than $305,000 shall be for promotion of public awareness of the
child pornography tipline and activities to counter child exploitation;
of which not less than $5,400,000 shall be used to facilitate
agreements consistent with section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)); of which not to exceed $40,000,000,
to remain available until September 30, 2018, is for maintenance,
construction, and lease hold improvements at owned and leased
facilities; and of which not to exceed $11,216,000 shall be available
to fund or reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled aliens
unlawfully present in the United States: Provided, That none of the
funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or the
designee of the Secretary, may waive that amount as necessary for
national security purposes and in cases of immigration emergencies:
Provided further, That, of the total amount provided, $15,770,000 shall
be for activities to enforce laws against forced child labor, of which
not to exceed $6,000,000 shall remain available until expended:
Provided further, That, of the total amount available, not less than
$1,600,000,000 shall be available to identify aliens convicted of a
crime who may be deportable, and to remove them from the United States
once they are judged deportable: Provided further, That the Secretary
of Homeland Security shall prioritize the identification and removal of
aliens convicted of a crime by the severity of that crime: Provided
further, That funding made available under this heading shall maintain
a level of not less than 34,000 detention beds through September 30,
2016: Provided further, That, of the total amount provided, not less
than $3,201,977,000 is for enforcement, detention, and removal
operations, including transportation of unaccompanied minor aliens:
Provided further, That, of the amount provided for Custody Operations
in the previous proviso, $45,000,000 shall remain available until
September 30, 2020: Provided further, That, of the total amount
provided for the Visa Security Program, $13,300,000 shall remain
available until September 30, 2017: Provided further, That not less
than $15,000,000 shall be available for investigation of intellectual
property rights violations, including operation of the National
Intellectual Property Rights Coordination Center: Provided further,
That none of the funds provided under this heading may be used to
continue a delegation of law enforcement authority authorized under
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been materially violated: Provided further, That none
of the funds provided under this heading may be used to continue any
contract for the provision of detention services if the two most recent
overall performance evaluations received by the contracted facility are
less than ``adequate'' or the equivalent median score in any subsequent
performance evaluation system: Provided further, That nothing under
this heading shall prevent U.S. Immigration and Customs Enforcement
from exercising those authorities provided under immigration laws (as
defined in section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17))) during priority operations pertaining to aliens
convicted of a crime: Provided further, That, without regard to the
limitation as to time and condition of section 503(d) of this Act, the
Secretary may propose to reprogram and transfer funds within and into
this appropriation necessary to ensure the detention of aliens
prioritized for removal.
automation modernization
For expenses of immigration and customs enforcement automated
systems, $53,000,000, to remain available until September 30, 2018.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,582,528,000, to remain
available until September 30, 2017; of which not to exceed $7,650 shall
be for official reception and representation expenses: Provided, That
any award to deploy explosives detection systems shall be based on
risk, the airport's current reliance on other screening solutions,
lobby congestion resulting in increased security concerns, high injury
rates, airport readiness, and increased cost effectiveness: Provided
further, That security service fees authorized under section 44940 of
title 49, United States Code, shall be credited to this appropriation
as offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under this
heading from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during fiscal year
2016 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $3,452,528,000: Provided
further, That the funds deposited pursuant to section 515 of Public Law
108-334 that are currently unavailable for obligation are hereby
permanently cancelled: Provided further, That, notwithstanding section
44923 of title 49, United States Code, for fiscal year 2016, any funds
in the Aviation Security Capital Fund established by section 44923(h)
of title 49, United States Code, may be used for the procurement and
installation of explosives detection systems or for the issuance of
other transaction agreements for the purpose of funding projects
described in section 44923(a) of such title: Provided further, That,
notwithstanding any other provision of law, for the current fiscal year
and each fiscal year hereafter, mobile explosives detection systems
purchased and deployed using funds made available under this heading
may be moved and redeployed to meet evolving passenger and baggage
screening security priorities at airports: Provided further, That none
of the funds made available in this Act may be used for any recruiting
or hiring of personnel into the Transportation Security Administration
that would cause the agency to exceed a staffing level of 43,000 full-
time equivalent screeners: Provided further, That the preceding
proviso shall not apply to personnel hired as part-time employees:
Provided further, That, not later than 90 days after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a detailed report on--
(1) the Department of Homeland Security efforts and
resources being devoted to develop more advanced integrated
passenger screening technologies for the most effective
security of passengers and baggage at the lowest possible
operating and acquisition costs, including projected funding
levels for each fiscal year for the next 5 years or until
project completion, whichever is earlier;
(2) how the Transportation Security Administration is
deploying its existing passenger and baggage screener workforce
in the most cost effective manner; and
(3) labor savings from the deployment of improved
technologies for passenger and baggage screening, including
high-speed baggage screening and how those savings are being
used to offset security costs or reinvested to address security
vulnerabilities:
Provided further, That the Administrator of the Transportation
Security Administration shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, a
semiannual report updating information on a strategy to increase the
number of air passengers eligible for expedited screening as specified
under this heading in Public Law 114-4: Provided further, That Members
of the United States House of Representatives and United States Senate,
including the leadership; the heads of Federal agencies and
commissions, including the Secretary, Deputy Secretary, Under
Secretaries, and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General, Deputy Attorney General,
Assistant Attorneys General, and the United States Attorneys; and
senior members of the Executive Office of the President, including the
Director of the Office of Management and Budget, shall not be exempt
from Federal passenger and baggage screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to surface transportation security activities,
$122,728,000, to remain available until September 30, 2017.
intelligence and vetting
For necessary expenses for the development and implementation of
intelligence and vetting activities, $225,315,000, to remain available
until September 30, 2017.
transportation security support
For necessary expenses of the Transportation Security
Administration related to transportation security support pursuant to
the Aviation and Transportation Security Act (Public Law 107-71; 115
Stat. 597; 49 U.S.C. 40101 note), $918,867,000, to remain available
until September 30, 2017.
United States Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of no more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase or lease of boats necessary for overseas deployments and
activities; purchase or lease of other equipment (at a unit cost of no
more than $250,000); minor shore construction projects not exceeding
$1,000,000 in total cost on any location; payments pursuant to section
156 of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and
recreation and welfare; $6,996,365,000, of which $500,002,000 shall be
for defense-related activities, of which $160,002,000 is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 and shall be available only if
the President subsequently so designates all such amounts and transmits
such designations to the Congress; of which $24,500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which not to exceed $30,600 shall be for
official reception and representation expenses: Provided, That none of
the funds made available by this Act shall be for expenses incurred for
recreational vessels under section 12114 of title 46, United States
Code, except to the extent fees are collected from owners of yachts and
credited to this appropriation: Provided further, That, to the extent
fees are insufficient to pay expenses of recreational vessel
documentation under such section 12114, and there is a backlog of
recreational vessel applications, then personnel performing non-
recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114: Provided further, That, of the funds provided
under this heading, $85,000,000 shall be withheld from obligation for
Coast Guard Headquarters Directorates until a future-years capital
investment plan for fiscal years 2017-2021, as specified under the
heading ``Coast Guard, Acquisition, Construction, and Improvements'' of
this Act, is submitted to the Committees on Appropriations of the
Senate and the House of Representatives: Provided further, That funds
made available under this heading for Overseas Contingency Operations/
Global War on Terrorism may be allocated by program, project, and
activity, notwithstanding section 503 of this Act: Provided further,
That, without regard to the limitation as to time and condition of
section 503(d) of this Act, after June 30, up to $10,000,000 may be
reprogrammed to or from Military Pay and Allowances in according with
subsections (a), (b), and (c) of section 503.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance
and restoration functions of the Coast Guard under chapter 19 of title
14, United States Code, $13,221,000, to remain available until
September 30, 2020.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the Coast Guard reserve program;
personnel and training costs; and equipment and services; $110,614,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease, and operation of facilities and equipment; as
authorized by law; $1,573,269,000; of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which the following amounts, to remain
available until September 30, 2020 (except as subsequently specified),
shall be available as follows: $1,069,900,000 to acquire, effect major
repairs to, renovate, or improve vessels, small boats, and related
equipment; $200,000,000 to acquire, effect major repairs to, renovate,
or improve aircraft or increase aviation capability; $65,100,000 for
other acquisition programs; $121,400,000 for shore facilities and aids
to navigation, including facilities at Department of Defense
installations used by the Coast Guard; and $116,869,000, to remain
available until September 30, 2016, for personnel compensation and
benefits and related costs: Provided, That, of the funds provided by
this Act, not less than $640,000,000 shall be immediately available and
allotted to contract for the production of the ninth National Security
Cutter notwithstanding the availability of funds for postproduction
costs: Provided further, That the Commandant of the Coast Guard shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives, at the time the
President's budget proposal for fiscal year 2017 is submitted pursuant
to section 1105(a) of title 31, United States Code, a future-years
capital investment plan for the Coast Guard that identifies for each
requested capital asset--
(1) the proposed appropriations included in that budget;
(2) the total estimated cost of completion, including and
clearly delineating the costs of associated major acquisition
systems infrastructure and transition to operations;
(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until acquisition programs baseline or
project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) a current acquisition program baseline for each capital
asset, as applicable, that--
(A) includes the total acquisition cost of each
asset, subdivided by fiscal year and including a
detailed description of the purpose of the proposed
funding levels for each fiscal year, including for each
fiscal year funds requested for design, pre-acquisition
activities, production, structural modifications,
missionization, post-delivery, and transition to
operations costs;
(B) includes a detailed project schedule through
completion, subdivided by fiscal year, that details--
(i) quantities planned for each fiscal
year; and
(ii) major acquisition and project events,
including development of operational
requirements, contracting actions, design
reviews, production, delivery, test and
evaluation, and transition to operations,
including necessary training, shore
infrastructure, and logistics;
(C) notes and explains any deviations in cost,
performance parameters, schedule, or estimated date of
completion from the original acquisition program
baseline and the most recent baseline approved by the
Department of Homeland Security's Acquisition Review
Board, if applicable;
(D) aligns the acquisition of each asset to mission
requirements by defining existing capabilities of
comparable legacy assets, identifying known capability
gaps between such existing capabilities and stated
mission requirements, and explaining how the
acquisition of each asset will address such known
capability gaps;
(E) defines life-cycle costs for each asset and the
date of the estimate on which such costs are based,
including all associated costs of major acquisitions
systems infrastructure and transition to operations,
delineated by purpose and fiscal year for the projected
service life of the asset;
(F) includes the earned value management system
summary schedule performance index and cost performance
index for each asset, if applicable; and
(G) includes a phase-out and decommissioning
schedule delineated by fiscal year for each existing
legacy asset that each asset is intended to replace or
recapitalize:
Provided further, That the Commandant of the Coast Guard shall ensure
that amounts specified in the future-years capital investment plan are
consistent, to the maximum extent practicable, with proposed
appropriations necessary to support the programs, projects, and
activities of the Coast Guard in the President's budget proposal for
fiscal year 2017, submitted pursuant to section 1105(a) of title 31,
United States Code: Provided further, That any inconsistencies between
the capital investment plan and proposed appropriations shall be
identified and justified: Provided further, That the Director of the
Office of Management and Budget shall not delay the submission of the
capital investment plan referred to by the preceding provisos:
Provided further, That the Director of the Office of Management and
Budget shall have no more than a single period of 10 consecutive
business days to review the capital investment plan prior to
submission: Provided further, That the Secretary of Homeland Security
shall notify the Committees on Appropriations of the Senate and the
House of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives one day after the
capital investment plan is submitted to the Office of Management and
Budget for review and the Director of the Office of Management and
Budget shall notify the Committees on Appropriations of the Senate and
the House of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives when such review is
completed.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by law;
$18,019,000, to remain available until September 30, 2018, of which
$500,000 shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be credited
to and used for the purposes of this appropriation funds received from
State and local governments, other public authorities, private sources,
and foreign countries for expenses incurred for research, development,
testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts, and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,604,000,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-type use
for replacement only; hire of passenger motor vehicles; purchase of
motorcycles made in the United States; hire of aircraft; services of
expert witnesses at such rates as may be determined by the Director of
the United States Secret Service; rental of buildings in the District
of Columbia, and fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership or control, as
may be necessary to perform protective functions; payment of per diem
or subsistence allowances to employees in cases in which a protective
assignment on the actual day or days of the visit of a protectee
requires an employee to work 16 hours per day or to remain overnight at
a post of duty; conduct of and participation in firearms matches;
presentation of awards; travel of United States Secret Service
employees on protective missions without regard to the limitations on
such expenditures in this or any other Act if approval is obtained in
advance from the Committees on Appropriations of the Senate and the
House of Representatives; research and development; grants to conduct
behavioral research in support of protective research and operations;
and payment in advance for commercial accommodations as may be
necessary to perform protective functions; $1,837,165,000; of which not
to exceed $19,125 shall be for official reception and representation
expenses; of which not to exceed $100,000 shall be to provide technical
assistance and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,366,000 shall be for forensic
and related support of investigations of missing and exploited
children; of which $6,000,000 shall be for a grant for activities
related to investigations of missing and exploited children and shall
remain available until September 30, 2017; and of which not less than
$10,000,000 shall be for activities related to training in electronics
crimes investigations and forensics: Provided, That $18,000,000 for
protective travel shall remain available until September 30, 2017:
Provided further, That, of the amounts made available under this
heading for security improvements at the White House complex,
$8,200,000 shall remain available until September 30, 2017: Provided
further, That $4,500,000 for National Special Security Events shall
remain available until expended: Provided further, That the United
States Secret Service is authorized to obligate funds in anticipation
of reimbursements from Federal agencies and entities, as defined in
section 105 of title 5, United States Code, for personnel receiving
training sponsored by the James J. Rowley Training Center, except that
total obligations at the end of the fiscal year shall not exceed total
budgetary resources available under this heading at the end of the
fiscal year: Provided further, That none of the funds made available
under this heading shall be available to compensate any employee for
overtime in an annual amount in excess of $35,000, except that the
Secretary of Homeland Security, or the designee of the Secretary, may
waive that amount as necessary for national security purposes:
Provided further, That none of the funds made available to the United
States Secret Service by this Act or by previous appropriations Acts
may be made available for the protection of the head of a Federal
agency other than the Secretary of Homeland Security: Provided
further, That the Director of the United States Secret Service may
enter into an agreement to provide such protection on a fully
reimbursable basis: Provided further, That none of the funds made
available to the United States Secret Service by this Act or by
previous appropriations Acts may be obligated for the purpose of
opening a new permanent domestic or overseas office or location unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such obligation:
Provided further, That, for purposes of section 503(b) of this Act,
$15,000,000 or 10 percent, whichever is less, may be transferred
between Protection of Persons and Facilities and Domestic Field
Operations.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of physical and technological
infrastructure, $86,974,000; of which $26,432,000, to remain available
until September 30, 2020, shall be for acquisition, construction,
improvement, and maintenance of the James J. Rowley Training Center;
and of which $60,542,000, to remain available until September 30, 2018,
shall be for Information Integration and Technology Transformation
program execution.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For the management and administration of the National Protection
and Programs Directorate, and support for operations and information
technology, $57,971,000: Provided, That not to exceed $3,825 shall be
for official reception and representation expenses: Provided further,
That the President's budget proposal for fiscal year 2017, submitted
pursuant to section 1105(a) of title 31, United States Code, shall be
detailed by office, and by program, project, and activity level, for
the National Protection and Programs Directorate.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$1,297,000,000, of which $271,363,000 shall remain available until
September 30, 2017.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service: Provided, That
the Director of the Federal Protective Service shall submit at the time
the President's budget proposal for fiscal year 2017 is submitted
pursuant to section 1105(a) of title 31, United States Code, a
strategic human capital plan that aligns fee collections to personnel
requirements based on a current threat assessment.
office of biometric identity management
For necessary expenses for the Office of Biometric Identity
Management, as authorized by section 7208 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), $283,265,000:
Provided, That, of the total amount made available under this heading,
$159,054,000 shall remain available until September 30, 2018.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$122,924,000; of which $25,865,000 is for salaries and expenses and
$83,278,000 is for BioWatch operations: Provided, That, of the amount
made available under this heading, $13,781,000 shall remain available
until September 30, 2017, for biosurveillance, chemical defense,
medical and health planning and coordination, and workforce health
protection.
Federal Emergency Management Agency
salaries and expenses
For necessary expenses of the Federal Emergency Management Agency,
$928,806,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114
Stat. 583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.), sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
the National Dam Safety Program Act (33 U.S.C. 467 et seq.), the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53),
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), the Post-Katrina Emergency Management Reform Act of 2006 (Public
Law 109-295; 120 Stat. 1394), the Biggert-Waters Flood Insurance Reform
Act of 2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner
Flood Insurance Affordability Act of 2014 (Public Law 113-89):
Provided, That not to exceed $2,250 shall be for official reception and
representation expenses: Provided further, That, of the total amount
made available under this heading, $35,180,000 shall be for the Urban
Search and Rescue Response System, of which none is available for
Federal Emergency Management Agency administrative costs: Provided
further, That, of the total amount made available under this heading,
$27,500,000 shall remain available until September 30, 2017, for
capital improvements and other expenses related to continuity of
operations at the Mount Weather Emergency Operations Center: Provided
further, That, of the total amount made available, $3,422,000 shall be
for the Office of National Capital Region Coordination: Provided
further, That the Administrator of the Federal Emergency Management
Agency, in consultation with the Department of Homeland Security Chief
Information Officer, shall submit to the Committees on Appropriations
of the Senate and the House of Representatives an expenditure plan
including results to date, plans for the program, and a list of
projects with associated funding provided from prior appropriations and
provided by this Act for automated systems.
state and local programs
For grants, contracts, cooperative agreements, and other
activities, $1,500,000,000, which shall be allocated as follows:
(1) $467,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605), of which $55,000,000 shall be for
Operation Stonegarden: Provided, That, notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2016,
the Commonwealth of Puerto Rico shall make available to local
and tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $600,000,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604), of which not less than $25,000,000 shall
be for organizations (as described under section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such code) determined by the Secretary of
Homeland Security to be at high risk of a terrorist attack.
(3) $100,000,000 shall be for Public Transportation
Security Assistance, Railroad Security Assistance, and Over-
the-Road Bus Security Assistance under sections 1406, 1513, and
1532 of the Implementing Recommendations of the 9/11 Commission
Act of 2007 (Public Law 110-53; 6 U.S.C. 1135, 1163, and 1182),
of which not less than $10,000,000 shall be for Amtrak
security: Provided, That such public transportation security
assistance shall be provided directly to public transportation
agencies.
(4) $100,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(5) $233,000,000 shall be to sustain current operations for
training, exercises, technical assistance, and other programs,
of which $162,991,000 shall be for training of State, local,
and tribal emergency response providers:
Provided, That, for grants under paragraphs (1) through (4),
applications for grants shall be made available to eligible applicants
not later than 60 days after the date of enactment of this Act, that
eligible applicants shall submit applications not later than 80 days
after the grant announcement, and the Administrator of the Federal
Emergency Management Agency shall act within 65 days after the receipt
of an application: Provided further, That, notwithstanding section
2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11))
or any other provision of law, a grantee may not use more than 5
percent of the amount of a grant made available under this heading for
expenses directly related to administration of the grant: Provided
further, That for grants under paragraphs (1) and (2), the installation
of communications towers is not considered construction of a building
or other physical facility: Provided further, That grantees shall
provide reports on their use of funds, as determined necessary by the
Secretary of Homeland Security: Provided further, That,
notwithstanding section 509 of this Act, the Administrator of the
Federal Emergency Management Agency may use the funds provided in
paragraph (5) to acquire real property for the purpose of establishing
or appropriately extending the security buffer zones around Federal
Emergency Management Agency training facilities.
firefighter assistance grants
For grants for programs authorized by the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2201 et seq.), $680,000,000, to
remain available until September 30, 2017, of which $340,000,000 shall
be available to carry out section 33 of that Act (15 U.S.C. 2229) and
$340,000,000 shall be available to carry out section 34 of that Act (15
U.S.C. 2229a).
emergency management performance grants
For emergency management performance grants, as authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.), $350,000,000.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2016, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary
for its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2016, and remain
available until expended.
united states fire administration
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), $44,000,000.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$7,374,693,000, to remain available until expended, of which
$24,000,000 shall be transferred to the Department of Homeland Security
Office of Inspector General for audits and investigations related to
disasters: Provided, That the Administrator of the Federal Emergency
Management Agency shall submit an expenditure plan to the Committees on
Appropriations of the Senate and the House of Representatives detailing
the use of the funds made available in this or any other Act for
disaster readiness and support not later than 60 days after the date of
enactment of this Act: Provided further, That the Administrator of the
Federal Emergency Management Agency shall submit to such Committees a
semiannual report detailing obligations against the expenditure plan
and a justification for any changes from the initial plan: Provided
further, That the Administrator of the Federal Emergency Management
Agency shall submit to the Committees on Appropriations of the Senate
and the House of Representatives the following reports, including a
specific description of the methodology and the source data used in
developing such reports--
(1) an estimate of the following amounts shall be submitted
for the budget year at the time that the President's budget
proposal for fiscal year 2017 is submitted pursuant to section
1105(a) of title 31, United States Code--
(A) the unobligated balance of funds to be carried
over from the prior fiscal year to the budget year;
(B) the unobligated balance of funds to be carried
over from the budget year to the budget year plus 1;
(C) the amount of obligations for non-catastrophic
events for the budget year;
(D) the amount of obligations for the budget year
for catastrophic events delineated by event and by
State;
(E) the total amount that has been previously
obligated or will be required for catastrophic events
delineated by event and by State for all prior years,
the current year, the budget year, the budget year plus
1, the budget year plus 2, and the budget year plus 3
and beyond;
(F) the amount of previously obligated funds that
will be recovered for the budget year;
(G) the amount that will be required for
obligations for emergencies, as described in section
102(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(1)), major
disasters, as described in section 102(2) of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122(2)), fire management assistance
grants, as described in section 420 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5187), surge activities, and disaster
readiness and support activities; and
(H) the amount required for activities not covered
under section 251(b)(2)(D)(iii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii); Public Law 99-177); and
(2) an estimate or actual amounts, if available, of the
following for the current fiscal year shall be submitted not
later than the fifth day of each month and shall be published
by the Administrator on the Agency's Web site not later than
the fifth day of each month--
(A) a summary of the amount of appropriations made
available by source, the transfers executed, the
previously allocated funds recovered, and the
commitments, allocations, and obligations made;
(B) a table of disaster relief activity delineated
by month, including--
(i) the beginning and ending balances;
(ii) the total obligations to include
amounts obligated for fire assistance,
emergencies, surge, and disaster support
activities;
(iii) the obligations for catastrophic
events delineated by event and by State; and
(iv) the amount of previously obligated
funds that are recovered;
(C) a summary of allocations, obligations, and
expenditures for catastrophic events delineated by
event;
(D) in addition, for a disaster declaration related
to Hurricane Sandy, the cost of the following
categories of spending: public assistance, individual
assistance, mitigation, administrative, operations, and
any other relevant category (including emergency
measures and disaster resources); and
(E) the date on which funds appropriated will be
exhausted:
Provided further, That the Administrator shall publish on the
Agency's Web site not later than 5 days after an award of a public
assistance grant under section 406 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5172) the specifics of
the grant award: Provided further, That, for any mission assignment or
mission assignment task order to another Federal department or agency
regarding a major disaster, not later than 5 days after the issuance of
the mission assignment or task order, the Administrator shall publish
on the Agency's Web site the following: the name of the impacted State
and the disaster declaration for such State, the assigned agency, the
assistance requested, a description of the disaster, the total cost
estimate, and the amount obligated: Provided further, That, not later
than 10 days after the last day of each month until the mission
assignment or task order is completed and closed out, the Administrator
shall update any changes to the total cost estimate and the amount
obligated: Provided further, That, of the amount provided under this
heading, $6,712,953,000 shall be for major disasters declared pursuant
to the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.): Provided further, That the amount in the
preceding proviso is designated by the Congress as being for disaster
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
flood hazard mapping and risk analysis program
For necessary expenses, including administrative costs, under
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), and under sections 100215, 100216, 100226, 100230, and 100246 of
the Biggert-Waters Flood Insurance Reform Act of 2012, (Public Law 112-
141, 126 Stat. 916), $190,000,000, and such additional sums as may be
provided by State and local governments or other political subdivisions
for cost-shared mapping activities under section 1360(f)(2) of such Act
(42 U.S.C. 4101(f)(2)), to remain available until expended.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89, 128 Stat.
1020): $181,198,000, which shall remain available until September 30,
2017, and shall be derived from offsetting amounts collected under
section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $25,299,000 shall be available for salaries and
expenses associated with flood management and flood insurance
operations and $155,899,000 shall be available for flood plain
management and flood mapping: Provided, That any additional fees
collected pursuant to section 1308(d) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting
collection to this account, to be available for flood plain management
and flood mapping: Provided further, That, in fiscal year 2016, no
funds shall be available from the National Flood Insurance Fund under
section 1310 of that Act (42 U.S.C. 4017) in excess of--
(1) $133,252,000 for operating expenses;
(2) $1,123,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000 which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding subsection (e)
of section 1366 of the National Flood Insurance Act of 1968 (42
U.S.C. 4104c) and notwithstanding subsection (a)(7) of section
1310 of the National Flood Insurance Act of 1968 (42 U.S.C.
4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 shall be deposited
in the National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood Insurance
Act of 1968, notwithstanding section 102(f)(8), section 1366(e), and
paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C.
4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $3,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Act of 2014 (42
U.S.C. 4033).
national predisaster mitigation fund
For the predisaster mitigation grant program under section 203 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133), $100,000,000, to remain available until expended.
emergency food and shelter
To carry out the emergency food and shelter program pursuant to
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11331 et seq.), $100,000,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total amount made available under this heading: Provided
further, That the Administrator of the Federal Emergency Management
Agency shall transfer funds appropriated under this heading to
``Department of Housing and Urban Development, Homeless Assistance
Grants'': Provided further, That, when funds are transferred pursuant
to the previous proviso, notwithstanding the references to the
Administrator in 42 U.S.C. 11331 through 11335 and 11341, the Secretary
of Housing and Urban Development shall carry out the functions of the
Administrator with respect to the Emergency Food and Shelter Program,
including with respect to the National Board: Provided further, That
the Federal Emergency Management Agency and the Department of Housing
and Urban Development shall execute an Interagency Agreement within 60
days of the date of enactment of this Act detailing how the program
will be transitioned and ensuring that the program structure continues
consistent with current law: Provided further, That the President's
budget for fiscal year 2017 submitted pursuant to section 1105(a) of
title 31, United States Code, shall include language effectuating the
transfer: Provided further, That the Administrator shall be
accountable for any amounts obligated from the ``Federal Emergency
Management Agency, Emergency Food and Shelter'' 70 x 0707 account
prior to the date of enactment of this Act until such time as all funds
have been expended and all recoveries have been transferred to
``Department of Housing and Urban Development, Homeless Assistance
Grants''.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$119,671,000 for the E-Verify Program, as described in section 403(a)
of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note), to assist United States employers with
maintaining a legal workforce: Provided, That, notwithstanding any
other provision of law, funds otherwise made available to United States
Citizenship and Immigration Services may be used to acquire, operate,
equip, and dispose of up to 5 vehicles, for replacement only, for areas
where the Administrator of General Services does not provide vehicles
for lease: Provided further, That the Director of United States
Citizenship and Immigration Services may authorize employees who are
assigned to those areas to use such vehicles to travel between the
employees' residences and places of employment.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law
enforcement basic training; the purchase of not to exceed 117 vehicles
for police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $219,443,000; of which up to $59,908,000 shall
remain available until September 30, 2017, for materials and support
costs of Federal law enforcement basic training; of which $300,000
shall remain available until expended to be distributed to Federal law
enforcement agencies for expenses incurred participating in training
accreditation; and of which not to exceed $7,180 shall be for official
reception and representation expenses: Provided, That the Center is
authorized to obligate funds in anticipation of reimbursements from
agencies receiving training sponsored by the Center, except that total
obligations at the end of the fiscal year shall not exceed total
budgetary resources available at the end of the fiscal year: Provided
further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771
note), as amended under this heading in division F of Public Law 113-
76, is further amended by striking ``December 31, 2017'' and inserting
``December 31, 2018'': Provided further, That the Director of the
Federal Law Enforcement Training Center shall schedule basic or
advanced law enforcement training, or both, at all four training
facilities under the control of the Federal Law Enforcement Training
Center to ensure that such training facilities are operated at the
highest capacity throughout the fiscal year: Provided further, That
the Federal Law Enforcement Training Accreditation Board, including
representatives from the Federal law enforcement community and non-
Federal accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation process
to continue the implementation of measuring and assessing the quality
and effectiveness of Federal law enforcement training programs,
facilities, and instructors.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $26,453,000, to remain available until September 30,
2020: Provided, That the Center is authorized to accept reimbursement
to this appropriation from government agencies requesting the
construction of special use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of
programs and activities, as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), $130,431,000: Provided,
That not to exceed $7,650 shall be for official reception and
representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects, development, test and evaluation,
acquisition, and operations as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease
of not to exceed 5 vehicles, $634,435,000 shall remain available until
September 30, 2018.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection Office,
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.), for management and administration of programs and
activities, $37,518,000: Provided, That not to exceed $2,250 shall be
for official reception and representation expenses.
research, development, and operations
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $196,000,000, to
remain available until September 30, 2018.
systems acquisition
For necessary expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection systems in
accordance with the global nuclear detection architecture, $86,745,000,
to remain available until September 30, 2018.
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2016, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program, project, or activity;
(2) eliminates a program, project, office, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity
by either of the Committees on Appropriations of the Senate or
the House of Representatives for a different purpose; or
(5) contracts out any function or activity for which
funding levels were requested for Federal full-time equivalents
in the object classification tables contained in the fiscal
year 2016 Budget Appendix for the Department of Homeland
Security, as modified by the report accompanying this Act,
unless the Committees on Appropriations of the Senate and the
House of Representatives are notified 15 days in advance of
such reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or
expenditure in fiscal year 2016, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or
proceeds available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of $5,000,000 or
10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity;
(3) reduces by 10 percent the numbers of personnel approved
by the Congress; or
(4) results from any general savings from a reduction in
personnel that would result in a change in existing programs,
projects, or activities as approved by the Congress, unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
section shall be treated as a reprogramming of funds under subsection
(b) and shall not be available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations based upon an initial notification provided after June
30, except in extraordinary circumstances that imminently threaten the
safety of human life or the protection of property.
(e) The notification thresholds and procedures set forth in this
section shall apply to any use of deobligated balances of funds
provided in previous Department of Homeland Security Appropriations
Acts.
Sec. 504. The Department of Homeland Security Working Capital
Fund, established pursuant to section 403 of Public Law 103-356 (31
U.S.C. 501 note), shall continue operations as a permanent working
capital fund for fiscal year 2016: Provided, That none of the funds
appropriated or otherwise made available to the Department of Homeland
Security may be used to make payments to the Working Capital Fund,
except for the activities and amounts allowed in the President's fiscal
year 2016 budget: Provided further, That funds provided to the Working
Capital Fund shall be available for obligation until expended to carry
out the purposes of the Working Capital Fund: Provided further, That
all departmental components shall be charged only for direct usage of
each Working Capital Fund service: Provided further, That funds
provided to the Working Capital Fund shall be used only for purposes
consistent with the contributing component: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service: Provided further,
That the Committees on Appropriations of the Senate and House of
Representatives shall be notified of any activity added to or removed
from the fund: Provided further, That the Chief Financial Officer of
the Department of Homeland Security shall submit a quarterly execution
report with activity level detail, not later than 30 days after the end
of each quarter.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2016, as recorded in the financial records at the
time of a reprogramming request, but not later than June 30, 2016, from
appropriations for salaries and expenses for fiscal year 2016 in this
Act shall remain available through September 30, 2017, in the account
and for the purposes for which the appropriations were provided:
Provided, That, prior to the obligation of such funds, a request shall
be submitted to the Committees on Appropriations of the Senate and the
House of Representatives for approval in accordance with section 503 of
this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2016 until the enactment of an Act authorizing
intelligence activities for fiscal year 2016.
Sec. 507. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used to--
(1) make or award a grant allocation, grant, contract,
other transaction agreement, or task or delivery order on a
Department of Homeland Security multiple award contract, or to
issue a letter of intent totaling in excess of $1,000,000;
(2) award a task or delivery order requiring an obligation
of funds in an amount greater than $10,000,000 from multi-year
Department of Homeland Security funds; or
(3) announce publicly the intention to make or award items
under paragraph (1), (2), or (3) including a contract covered
by the Federal Acquisition Regulation.
(b) The Secretary of Homeland Security may waive the prohibition
under subsection (a) if the Secretary notifies the Committees on
Appropriations of the Senate and the House of Representatives at least
3 full business days in advance of making an award or issuing a letter
as described in that subsection.
(c) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(d) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
(e) The Administrator of the Federal Emergency Management Agency
shall brief the Committees on Appropriations of the Senate and the
House of Representatives 5 full business days in advance of announcing
publicly the intention of making an award under ``State and Local
Programs''.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training that
cannot be accommodated in existing Center facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. (a) Sections 520, 522, and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of Public Law
110-161; 121 Stat. 2073 and 2074) shall apply with respect to funds
made available in this Act in the same manner as such sections applied
to funds made available in that Act.
(b) The third proviso of section 537 of the Department of Homeland
Security Appropriations Act, 2006 (6 U.S.C. 114), shall hereafter not
apply with respect to funds made available in this or any other Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act.
For purposes of the preceding sentence, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. Not later than 30 days after the last day of each month,
the Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a monthly budget and staffing report for that
month that includes total obligations of the Department for that month
for the fiscal year at the appropriation and program, project, and
activity levels, by the source year of the appropriation: Provided,
That total obligations for staffing shall also be provided by
subcategory of on-board and funded full-time equivalent staffing
levels, respectively: Provided further, That the report shall specify
the number of, and total obligations for, contract employees for each
office of the Department.
Sec. 514. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'', and
``Transportation Security Support'' for fiscal years 2004 and 2005 that
are recovered or deobligated shall be available only for the
procurement or installation of explosives detection systems, air cargo,
baggage, and checkpoint screening systems, subject to notification:
Provided, That semiannual reports shall be submitted to the Committees
on Appropriations of the Senate and the House of Representatives on any
funds that are recovered or deobligated.
Sec. 515. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of United States
Citizenship and Immigration Services of the Department of Homeland
Security who are known as Immigration Information Officers, Immigration
Service Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 516. Any funds appropriated to ``Coast Guard, Acquisition,
Construction, and Improvements'' for fiscal years 2002, 2003, 2004,
2005, and 2006 for the 110-123 foot patrol boat conversion that are
recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until
expended for the Fast Response Cutter program.
Sec. 517. The functions of the Federal Law Enforcement Training
Center instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
Sec. 518. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2016, to the Inspector General of the
Department of Homeland Security listing all grants and contracts
awarded by any means other than full and open competition during fiscal
year 2016.
(b) The Inspector General shall review the report required by
subsection (a) to assess Departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 15, 2017.
Sec. 519. None of the funds made available in this Act may be used
by United States Citizenship and Immigration Services to grant an
immigration benefit unless the results of background checks required by
law to be completed prior to the granting of the benefit have been
received by United States Citizenship and Immigration Services, and the
results do not preclude the granting of the benefit.
Sec. 520. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2015,'' and inserting ``Until September 30, 2016,''; and
(2) in subsection (c)(1), by striking ``September 30,
2015,'' and inserting ``September 30, 2016,''.
Sec. 521. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes (which outcomes
shall be specified in terms of cost, schedule, and performance).
Sec. 522. Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to 46
U.S.C. 501(b) for the transportation of crude oil distributed from the
Strategic Petroleum Reserve until the Secretary of Homeland Security,
after consultation with the Secretaries of the Departments of Energy
and Transportation and representatives from the United States flag
maritime industry, takes adequate measures to ensure the use of United
States flag vessels: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives within 2 business days of any request
for waivers of navigation and vessel-inspection laws pursuant to 46
U.S.C. 501(b).
Sec. 523. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 524. None of the funds in this Act shall be used to reduce
the United States Coast Guard's Operations Systems Center mission or
its government-employed or contract staff levels.
Sec. 525. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9703.1(g)(4)(B) of
title 31, United States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives approve
the proposed transfers.
Sec. 526. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 527. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 528. (a) Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date on
which the President determines whether to declare a major disaster
because of an event and any appeal is completed, the Administrator
shall publish on the Web site of the Federal Emergency Management
Agency a report regarding that decision that shall summarize damage
assessment information used to determine whether to declare a major
disaster.
(b) The Administrator may redact from a report under subsection (a)
any data that the Administrator determines would compromise national
security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 529. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 530. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 531. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 532. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 533. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 534. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 535. In developing any process to screen aviation passengers
and crews for transportation or national security purposes, the
Secretary of Homeland Security shall ensure that all such processes
take into consideration such passengers' and crews' privacy and civil
liberties consistent with applicable laws, regulations, and guidance.
Sec. 536. (a) Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations
Fee Account, up to $10,000,000 may be allocated by United States
Citizenship and Immigration Services in fiscal year 2016 for the
purpose of providing an immigrant integration grants program.
(b) None of the funds made available to United States Citizenship
and Immigration Services for grants for immigrant integration may be
used to provide services to aliens who have not been lawfully admitted
for permanent residence.
Sec. 537. For an additional amount for the ``Office of the Under
Secretary for Management'', $212,303,000, to remain available until
expended, for necessary expenses to plan, acquire, design, construct,
renovate, remediate, equip, furnish, improve infrastructure, and occupy
buildings and facilities for the department headquarters consolidation
project and associated mission support consolidation: Provided, That
the Committees on Appropriations of the Senate and the House of
Representatives shall receive an expenditure plan not later than 90
days after the date of enactment of the Act detailing the allocation of
these funds.
Sec. 538. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 539. (a) For an additional amount for financial systems
modernization, $36,113,000 to remain available until September 30,
2017.
(b) Funds made available in subsection (a) for financial systems
modernization may be transferred by the Secretary of Homeland Security
between appropriations for the same purpose, notwithstanding section
503 of this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 540. Notwithstanding the 10 percent limitation contained in
section 503(c) of this Act, the Secretary of Homeland Security may
transfer to the fund established by 8 U.S.C. 1101 note, up to
$20,000,000 from appropriations available to the Department of Homeland
Security: Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives 5 days in
advance of such transfer.
Sec. 541. The Commissioner of U.S. Customs and Border Protection
and the Assistant Secretary of Homeland Security for U.S. Immigration
and Customs Enforcement shall, with respect to fiscal years 2016, 2017,
2018, and 2019, submit to the Committees on Appropriations of the
Senate and the House of Representatives, at the time that the
President's budget proposal for fiscal year 2017 is submitted pursuant
to the requirements of section 1105(a) of title 31, United States Code,
the information required in the multi-year investment and management
plans required, respectively, under the heading ``U.S. Customs and
Border Protection, Salaries and Expenses'' under title II of division D
of the Consolidated Appropriations Act, 2012 (Public Law 112-74); under
the heading ``U.S. Customs and Border Protection, Border Security
Fencing, Infrastructure, and Technology'' under such title; and by
section 568 of such Act.
Sec. 542. The Secretary of Homeland Security shall ensure
enforcement of all immigration laws (as defined in section 101(a)(17)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
Sec. 543. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 544. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 545. None of the funds provided in this or any other Act may
be obligated to implement the National Preparedness Grant Program or
any other successor grant programs unless explicitly authorized by
Congress.
Sec. 546. None of the funds made available in this Act may be used
to provide funding for the position of Public Advocate, or a successor
position, within U.S. Immigration and Customs Enforcement.
Sec. 547. Section 559(e)(3)(D) of Public Law 113-76 is amended by
striking ``five pilots per year'' and inserting ``10 pilots per year''.
Sec. 548. None of the funds made available in this Act may be used
to pay for the travel to or attendance of more than 50 employees of a
single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination: Provided, That for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations: Provided further,
That the total cost to the Department of Homeland Security of any such
conference shall not exceed $500,000.
Sec. 549. None of the funds made available by this or any other
Act may be used by the Administrator of the Transportation Security
Administration to implement, administer, or enforce, in abrogation of
the responsibility described in section 44903(n)(1) of title 49, United
States Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile area of any
airport at which the Transportation Security Administration provided
such monitoring as of December 1, 2013.
Sec. 550. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 551. With the exception of countries with preclearance
facilities in service prior to 2013, none of the funds made available
in this Act may be used for new U.S. Customs and Border Protection air
preclearance agreements entering into force after February 1, 2014,
unless: (1) the Secretary of Homeland Security, in consultation with
the Secretary of State, has certified to Congress that air preclearance
operations at the airport provide a homeland or national security
benefit to the United States; (2) U.S. passenger air carriers are not
precluded from operating at existing preclearance locations; and (3) a
U.S. passenger air carrier is operating at all airports contemplated
for establishment of new air preclearance operations.
Sec. 552. In making grants under the heading ``Firefighter
Assistance Grants'', the Secretary may grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1),
(c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a).
Sec. 553. (a) In General.--Beginning on the date of the enactment
of this Act, the Secretary shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) Border Crossing Fee Defined.--In this section, the term
``border crossing fee'' means a fee that every pedestrian, cyclist, and
driver and passenger of a private motor vehicle is required to pay for
the privilege of crossing the Southern border or the Northern border at
a land port of entry.
Sec. 554. (a) Deposits of Payments Pending Amendment of
Regulation.--Notwithstanding the provisions of the Continued Dumping
and Subsidy Offset Act, 19 U.S.C. 1675c (2000), repealed by section
7601(a) of subtitle F of title VII of Public Law 109-171, 120 Stat. 4,
154 (Feb. 8, 2006) as amended by section 822(2)(A) of Public Law 111-
291 and section 504 of Public Law 111-312 (Dec 17, 2010) (collectively,
the CDSOA), none of the funds appropriated in this or previous
appropriations Acts or otherwise made available to the Department of
Homeland Security may be used to deposit any payment tendered by a
surety under, or in connection with, a customs bond on an entry for
which the duties and 19 U.S.C. 1677g interest are subject to
distribution under the CDSOA into any account in the Department of the
Treasury other than an unavailable receipt account (020-5688.003)
related to the Continued Dumping and Subsidy Offset account (020 x
5688) until the Commissioner of U.S. Customs and Border Protection
completes the rulemaking process concerning the amendment of section
24.3a(c)(4) of title 19, Code of Federal Regulations: Provided, That
the payment referenced in the previous proviso is limited to a payment
pursuant to a court ordered award or judgment entered as a result of a
lawsuit that was filed by the Government against the surety from whom
payment was obtained if that lawsuit was for the purpose of collecting
duties or interest owed on that particular entry, or a settlement of
any such lawsuit between the Government and the surety that was
executed after the time that the lawsuit was filed by the Government:
Provided further, That once the rulemaking process concerning the
amendment of section 24.3a(c)(4) of title 19, Code of Federal
Regulations, is complete, funds subject to CDSOA distribution shall
then be transferred into the Antidumping and Countervailing Duties,
Continued Dumping and Subsidy Offset receipt account (020 x 5688.001)
for distribution in accordance with the provisions of the CDSOA and
shall be allocated between principal and interest in accordance with
the amended section 24.3a(c)(4) of title 19, Code of Federal
Regulations, and not in accordance with the provision of section
24.3a(c)(4) of title 19, Code of Federal Regulations, that was in
effect at the time that the payment was made to the Government:
Provided further, That the funds that are not subject to CDSOA
distribution shall be transferred into other accounts as otherwise
provided by law: Provided further, That authority to enforce
compliance with this section is vested exclusively in Congress and
nothing in this section is intended to, or does, create a private right
of action against the Government.
(b) Authority to Amend Regulation.--For this fiscal year and
hereafter, notwithstanding 6 U.S.C. 212 and Treasury Department Order
No. 100-16, 1(a)(i), the Commissioner of U.S. Customs and Border
Protection is hereby granted authority to approve amendment of section
24.3a(c)(4) of title 19, Code of Federal Regulations, to amend the
order in which a payment is allocated between principal and interest
for only those payments described in subsection (a): Provided, That
the authority provided to the Commissioner by this section includes the
authority to allocate a payment, as defined above, between the forms of
interest a surety owes, including interest pursuant to 19 U.S.C. 1677g,
sections 580 and 1505 of title 19, Code of Federal Regulations, and
Federal common law or equitable principles.
Sec. 555. Of the unobligated balance available to ``Federal
Emergency Management Agency, Disaster Relief Fund'', $1,025,062,000 are
hereby rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That no amounts may be rescinded from the amounts that were
designated by the Congress as being for disaster relief pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 556. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42) fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 557. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on the Department of
Homeland Security that assumes revenues or reflects a reduction from
the previous year due to user fees proposals that have not been enacted
into law prior to the submission of the budget unless such budget
submission identifies which additional spending reductions should occur
in the event the user fees proposals are not enacted prior to the date
of the convening of a committee of conference for the fiscal year 2017
appropriations Act.
Sec. 558. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available, including any funds or
fees collected or otherwise made available for expenditure, by this or
any other Act of this or any other fiscal year may be used to
implement, administer, carry-out, or enforce Executive Order 13690 (80
Fed. Reg. 6425; relating to the Federal Flood Risk Management Standard)
or the amendments made by such Order.
Sec. 559. Notwithstanding the limitations as to threshold, time,
and condition of section 503 of this Act, the Secretary may propose to
reprogram or transfer to the Coast Guard for the Offshore Patrol Cutter
Project: (1) discretionary appropriations made available by this Act,
to remain available until September 30, 2017, and (2) the unobligated
balances of discretionary appropriations made available by prior
Department of Homeland Security Appropriations Acts: Provided, That
any amounts proposed for reprogramming or transfer under this section
shall not be available for obligation until the Committees on
Appropriations of the Senate and the House of Representatives approve
of such reprogramming or transfer: Provided further, That this section
shall not apply to amounts that were (1) classified as being in the
revised security category, as defined under section 250(c)(4)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended
(BBEDCA); (2) designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or BBEDCA; or (3)
designated as being for disaster relief pursuant to section
251(b)(2)(D) of BBEDCA.
Sec. 560. None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for any
structural pay reform that affects more than 100 full-time equivalent
employee positions or costs more than $5,000,000 in a single year
before the end of the 30-day period beginning on the date on which the
Secretary of Homeland Security submits to Congress a notification that
includes--
(1) the number of full-time equivalent employee positions
affected by such change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 561. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the
Committees on Appropriations of the Senate and the House of
Representatives in this Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days except as otherwise
specified in law.
Sec. 562. Of amounts transferred to the Disaster Assistance Direct
Loan Program pursuant to the Community Disaster Loan Act of 2005
(Public Law 109-88), $27,338,101 are hereby rescinded: Provided, That
no amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 563. The Administrator of the Federal Emergency Management
Agency shall transfer $56,872,752 in unobligated balances made
available for the appropriations account for ``Federal Emergency
Management Agency, Disaster Assistance Direct Loan Program Account'' by
section 4502 of Public Law 110-28 to the appropriations account for
``Federal Emergency Management Agency, Disaster Relief Fund'':
Provided, That amounts transferred to such account under this section
shall be available for any authorized purpose of such account:
Provided further, That amounts transferred pursuant to this section
that were previously designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget are
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 and shall be transferred only if the President
subsequently so designates the entire transfer and transmits such
designation to the Congress.
Sec. 564. None of the funds made available by this Act may be
obligated or expended to sustain domestic prosecutions based on any
charge related to the Arms Trade Treaty, or to implement the Treaty,
until the Senate approves a resolution of ratification for the Treaty
and the Senate and the House of Representatives adopt implementing
legislation for the Treaty.
Sec. 565. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177):
(1) $7,324,000 from unobligated prior year balances from
``Analysis and Operations'' from the Office of Intelligence and
Analysis;
(2) $7,000,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Automation
Modernization'';
(3) $21,856,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Border Security, Fencing,
Infrastructure, and Technology'';
(4) $12,000,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Air and Marine
Operations'';
(5) $4,500,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Construction and
Facilities Management''; and
(6) $13,758,918 from ``Federal Emergency Management Agency,
National Predisaster Mitigation Fund'' account 70 x 0716;
(7) $5,800,000 from Public Law 112-74 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(8) $16,445,000 from Public Law 113-76 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(9) $28,000,000 from Public Law 114-4 under the heading
``Transportation Security Administration, Aviation Security'';
(10) $5,000,000 from unobligated prior year balances from
``Transportation Security Administration, Surface
Transportation'';
(11) $393,000 from Public Law 113-6 under the heading
``Science and Technology, Research, Development, Acquisition,
and Operations'';
(12) $8,500,000 from Public Law 113-76 under the heading
``Science and Technology, Research, Development, Acquisition,
and Operations''; and
(13) $1,107,000 from Public Law 114-4 under the heading
``Science and Technology, Research, Development, Acquisition,
and Operations''.
Sec. 566. From the unobligated balances made available in the
Department of the Treasury Forfeiture Fund established by section 9703
of title 31, United States Code, (added by section 638 of Public Law
102-393), $175,000,000 shall be rescinded.
visa waiver program country designation for poland
Sec. 567. Notwithstanding any provision of section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), the Secretary of
Homeland Security may designate Poland as a program country under the
visa waiver program established by that section.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2016''.
DIVISION D--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $663,245,000, to remain available
until September 30, 2020: Provided, That, of this amount, not to
exceed $109,245,000 shall be available for study, planning, design,
architect and engineer services, and host nation support, as authorized
by law, unless the Secretary of the Army determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $1,619,699,000, to remain available until September 30,
2020: Provided, That, of this amount, not to exceed $91,649,000 shall
be available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $1,389,185,000, to remain available until September 30, 2020:
Provided, That, of this amount, not to exceed $89,164,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of Air Force
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$2,290,767,000, to remain available until September 30, 2020:
Provided, That such amounts of this appropriation as may be determined
by the Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military construction or
family housing as the Secretary may designate, to be merged with and to
be available for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided further,
That, of the amount appropriated, not to exceed $160,404,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $197,237,000, to remain available until September
30, 2020: Provided, That, of the amount appropriated, not to exceed
$20,337,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Army National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $138,738,000, to remain available until September
30, 2020: Provided, That, of the amount appropriated, not to exceed
$5,104,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $113,595,000, to
remain available until September 30, 2020: Provided, That, of the
amount appropriated, not to exceed $9,318,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the Army Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $36,078,000, to remain available until September
30, 2020: Provided, That, of the amount appropriated, not to exceed
$2,208,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $65,021,000, to
remain available until September 30, 2020: Provided, That, of the
amount appropriated, not to exceed $13,400,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the Air Force Reserve determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $120,000,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $99,695,000, to remain available
until September 30, 2020.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $393,511,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $16,541,000, to remain
available until September 30, 2020.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $353,036,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $160,498,000, to remain available
until September 30, 2020.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $331,232,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $58,668,000.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account
1990, established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $251,334,000, to remain
available until expended.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized
by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense
by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Gulf, unless such contracts are awarded
to United States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Gulf, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided,
That this section shall not be applicable to contract awards for which
the lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Not more than 20 percent of the funds made available in
this title which are limited for obligation during the current fiscal
year shall be obligated during the last 2 months of the fiscal year.
Sec. 115. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 116. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available,
if the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 118. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
(including transfer of funds)
Sec. 119. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the accounts
established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
expenses associated with the Homeowners Assistance Program incurred
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged
with and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 120. Notwithstanding any other provision of law, funds made
available in this title for operation and maintenance of family housing
shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a notification
provided in an electronic medium pursuant to sections 480 and 2883 of
title 10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to costs
associated with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided further,
That the Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual general or
flag officer quarters for the prior fiscal year.
Sec. 121. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 122. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
to be merged with and to be available for the same time period and for
the same purposes as the appropriation to which transferred.
Sec. 123. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred
among projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of February 2009, as in
effect on the date of enactment of this Act.
Sec. 124. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
Sec. 125. For an additional amount for ``Military Construction,
Army'', $34,500,000, to remain available until September 30, 2020:
Provided, That such funds may only be obligated to carry out
construction projects, in priority order, identified in the Department
of the Army's Unfunded Priority List for Fiscal Year 2016 submitted to
Congress: Provided further, That such funding is subject to
authorization prior to obligation and expenditure of funds to carry out
construction: Provided further, That, not later than 30 days after
enactment of this Act, the Secretary of the Army shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
Sec. 126. For an additional amount for ``Military Construction,
Navy and Marine Corps'', $34,320,000, to remain available until
September 30, 2020: Provided, That such funds may only be obligated to
carry out construction projects, in priority order, identified in the
Department of the Navy's Unfunded Priority List for fiscal year 2016:
Provided further, That such funding is subject to authorization prior
to obligation and expenditure of funds to carry out construction:
Provided further, That, not later than 30 days after enactment of this
Act, the Secretary of the Navy shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section.
Sec. 127. For an additional amount for ``Military Construction,
Army National Guard'', $51,300,000, to remain available until September
30, 2020: Provided, That such funds may only be obligated to carry out
construction projects, in priority order, identified in the Department
of the Army's Unfunded Priority List for Fiscal Year 2016 submitted to
Congress: Provided further, That such funding is subject to
authorization prior to obligation and expenditure of funds to carry out
construction: Provided further, That, not later than 30 days after
enactment of this Act, the Secretary of the Army shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
Sec. 128. For an additional amount for ``Military Construction,
Army Reserve'', $34,200,000, to remain available until September 30,
2020: Provided, That such funds may only be obligated to carry out
construction projects, in priority order, identified in the Department
of the Army's Unfunded Priority List for Fiscal Year 2016 submitted to
Congress: Provided further, That such funding is subject to
authorization prior to obligation and expenditure of funds to carry out
construction: Provided further, That, not later than 30 days after
enactment of this Act, the Secretary of the Army shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
(rescissions of funds)
Sec. 129. Of the unobligated balances available from prior
Appropriations Acts (other than appropriations that were designated by
the Congress as an emergency requirement or as being for Overseas
Contingency Operations/Global War on Terrorism pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985) the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``Military Construction, Army'', $85,000,000;
``Military Construction, Air Force'', $86,400,000; and
``Military Construction, Defense-Wide'', $133,000,000.
(rescission of funds)
Sec. 130. Of the unobligated balances made available in prior
appropriations Acts for the fund established in section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966 (42
U.S.C. 3374), $65,000,000 are hereby rescinded.
Sec. 131. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this or any other Act
may be used to consolidate or relocate any element of a United States
Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron
Engineer (RED HORSE) outside of the United States until the Secretary
of the Air Force (1) completes an analysis and comparison of the cost
and infrastructure investment required to consolidate or relocate a RED
HORSE squadron outside of the United States versus within the United
States; (2) provides to the Committees on Appropriations of both Houses
of Congress (``the Committees'') a report detailing the findings of the
cost analysis; and (3) certifies in writing to the Committees that the
preferred site for the consolidation or relocation yields the greatest
savings for the Air Force: Provided, That the term ``United States''
in this section does not include any territory or possession of the
United States.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$166,271,436,000, to remain available until expended, of which
$87,146,761,000 shall become available on October 1, 2016: Provided,
That not to exceed $15,562,000 of the amount appropriated for fiscal
year 2016 and $16,021,000 of the amount made available for fiscal year
2017 under this heading shall be reimbursed to ``General Operating
Expenses, Veterans Benefits Administration'', and ``Information
Technology Systems'' for necessary expenses in implementing the
provisions of chapters 51, 53, and 55 of title 38, United States Code,
the funding source for which is specifically provided as the
``Compensation and Pensions'' appropriation: Provided further, That
such sums as may be earned on an actual qualifying patient basis, shall
be reimbursed to ``Medical Care Collections Fund'' to augment the
funding of individual medical facilities for nursing home care provided
to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code,
$32,088,826,000, to remain available until expended, of which
$16,743,904,000 shall become available on October 1, 2016: Provided,
That expenses for rehabilitation program services and assistance which
the Secretary is authorized to provide under subsection (a) of section
3104 of title 38, United States Code, other than under paragraphs (1),
(2), (5), and (11) of that subsection, shall be charged to this
account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21,
title 38, United States Code, $169,080,000, to remain available until
expended, of which $91,920,000 shall become available on October 1,
2016.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That, during fiscal year 2016, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $164,558,000.
vocational rehabilitation loans program account
For the cost of direct loans, $31,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds
made available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,952,381.
In addition, for administrative expenses necessary to carry out the
direct loan program, $367,000, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,134,000.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code, including care and treatment
in facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees hired under
title 38, United States Code, aid to State homes as authorized by
section 1741 of title 38, United States Code, assistance and support
services for caregivers as authorized by section 1720G of title 38,
United States Code, loan repayments authorized by section 604 of the
Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital care and
medical services authorized by section 1787 of title 38, United States
Code; $1,134,197,000, which shall be in addition to funds previously
appropriated under this heading that become available on October 1,
2015; and, in addition, $51,673,000,000, plus reimbursements, shall
become available on October 1, 2016, and shall remain available until
September 30, 2017: Provided, That, of the amount made available on
October 1, 2016, under this heading, $1,400,000,000 shall remain
available until September 30, 2018: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs shall establish a priority for the provision of medical
treatment for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs shall
give priority funding for the provision of basic medical benefits to
veterans in enrollment priority groups 1 through 6: Provided further,
That, notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription drugs
from Veterans Health Administration facilities to enrolled veterans
with privately written prescriptions based on requirements established
by the Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no additional
cost to the Department of Veterans Affairs: Provided further, That, of
the amount made available on October 1, 2016, under this heading, not
less than $900,000,000 shall be available for highly effective
Hepatitis C Virus (HCV) clinical treatments including clinical
treatments with modern medications that have significantly higher cure
rates than older medications, are easier to prescribe, and have fewer
and milder side effects.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$6,524,000,000, plus reimbursements, shall become available on October
1, 2016, and shall remain available until September 30, 2017:
Provided, That, of the amount made available on October 1, 2016, under
this heading, $100,000,000 shall remain available until September 30,
2018.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; for leases
of facilities; and for laundry services, $5,074,000,000, plus
reimbursements, shall become available on October 1, 2016, and shall
remain available until September 30, 2017: Provided, That, of the
amount made available on October 1, 2016, under this heading,
$250,000,000 shall remain available until September 30, 2018.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, $621,813,000, plus reimbursements, shall
remain available until September 30, 2017.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $266,220,000, of which not to exceed
$26,600,000 shall remain available until September 30, 2017.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-Wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $311,591,000, of which not to exceed
$10,000,000 shall remain available until September 30, 2017: Provided,
That funds provided under this heading may be transferred to ``General
Operating Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$107,884,000, of which not to exceed $10,788,000 shall remain available
until September 30, 2017.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration
for security guard services, and reimbursement of the Department of
Defense for the cost of overseas employee mail, $2,697,734,000:
Provided, That expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38,
United States Code, that the Secretary of Veterans Affairs determines
are necessary to enable entitled veterans: (1) to the maximum extent
feasible, to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily living,
shall be charged to this account: Provided further, That, of the funds
made available under this heading, not to exceed $160,000,000 shall
remain available until September 30, 2017.
information technology systems
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$4,106,363,000, plus reimbursements: Provided, That $1,115,757,000
shall be for pay and associated costs, of which not to exceed
$34,800,000 shall remain available until September 30, 2017: Provided
further, That $2,512,863,000 shall be for operations and maintenance,
of which not to exceed $175,000,000 shall remain available until
September 30, 2017: Provided further, That $477,743,000 shall be for
information technology systems development, modernization, and
enhancement, and shall remain available until September 30, 2017:
Provided further, That amounts made available for information
technology systems development, modernization, and enhancement may not
be obligated or expended until the Secretary of Veterans Affairs or the
Chief Information Officer of the Department of Veterans Affairs submits
to the Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be obligated and
expended for each development project: Provided further, That amounts
made available for salaries and expenses, operations and maintenance,
and information technology systems development, modernization, and
enhancement may be transferred among the three subaccounts after the
Secretary of Veterans Affairs requests from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued: Provided further, That amounts
made available for the ``Information Technology Systems'' account for
development, modernization, and enhancement may be transferred among
projects or to newly defined projects: Provided further, That no
project may be increased or decreased by more than $1,000,000 of cost
prior to submitting a request to the Committees on Appropriations of
both Houses of Congress to make the transfer and an approval is issued,
or absent a response, a period of 30 days has elapsed: Provided
further, That funds under this heading may be used by the Interagency
Program Office through the Department of Veterans Affairs to develop a
standard data reference terminology model: Provided further, That, of
the funds made available for information technology systems
development, modernization, and enhancement for VistA Evolution, not
more than 25 percent may be obligated or expended until the Secretary
of Veterans Affairs submits to the Committees on Appropriations of both
Houses of Congress, and such Committees approve, a report that
describes: (1) the status of and changes to the VistA Evolution program
plan dated March 24, 2014 (hereinafter referred to as the ``Plan''),
the VistA 4 product roadmap dated February 26, 2015 (``Roadmap''), and
the VistA 4 Incremental Life Cycle Cost Estimate, dated October 26,
2014; (2) any changes to the scope or functionality of projects within
the VistA Evolution program as established in the Plan; (3) actual
program costs incurred to date; (4) progress in meeting the schedule
milestones that have been established in the Plan; (5) a Project
Management Accountability System (PMAS) Dashboard Progress report that
identifies each VistA Evolution project being tracked through PMAS,
what functionality it is intended to provide, and what evaluation
scores it has received throughout development; (6) the definition being
used for interoperability between the electronic health record systems
of the Department of Defense and the Department of Veterans Affairs,
the metrics to measure the extent of interoperability, the milestones
and timeline associated with achieving interoperability, and the
baseline measurements associated with interoperability; (7) progress
toward developing and implementing all components and levels of
interoperability, including semantic interoperability; (8) the change
management tools in place to facilitate the implementation of VistA
Evolution and interoperability; and (9) any changes to the governance
structure for the VistA Evolution program and its chain of
decisionmaking authority: Provided further, That the funds made
available under this heading for information technology systems
development, modernization, and enhancement, shall be for the projects,
and in the amounts, specified under this heading in the report
accompanying this Act.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $126,766,000, of which
$12,676,000 shall remain available until September 30, 2017.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of title 38,
United States Code, or where funds for a project were made available in
a previous major project appropriation, $1,027,064,000, of which
$967,064,000 shall remain available until September 30, 2020, and of
which $60,000,000 shall remain available until expended: Provided,
That except for advance planning activities, including needs
assessments which may or may not lead to capital investments, and other
capital asset management related activities, including portfolio
development and management activities, and investment strategy studies
funded through the advance planning fund and the planning and design
activities funded through the design fund, including needs assessments
which may or may not lead to capital investments, and salaries and
associated costs of the resident engineers who oversee those capital
investments funded through this account, and funds provided for the
purchase of land for the National Cemetery Administration through the
land acquisition line item, none of the funds made available under this
heading shall be used for any project which has not been approved by
the Congress in the budgetary process: Provided further, That funds
made available under this heading for fiscal year 2016, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2016; and (2) by the
awarding of a construction contract by September 30, 2017: Provided
further, That the Secretary of Veterans Affairs shall promptly submit
to the Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for which
obligations are not incurred within the time limitations established
above: Provided further, That, of the amount made available on October
1, 2016, under this heading, $490,700,000 for Veterans Health
Administration major construction projects shall not be available until
the Secretary of Veterans Affairs:
(1) Enters into an agreement with the U.S. Army Corps of
Engineers, to serve as the design and construction agent for
Veterans Health Administration projects with a Total Estimated
Cost of $250,000,000 or above.
(2) That such an agreement will designate the U.S. Army
Corps of Engineers as the design and construction agent to
serve as--
(A) the overall construction project manager, with
a dedicated project delivery team including engineers,
medical facility designers, and professional project
managers;
(B) the facility design manager, with a dedicated
design manager and technical support;
(C) the design agent, with standardized and
rigorous facility designs;
(D) the architect/engineer designer; and
(E) the overall construction agent, with a
dedicated construction and technical team during pre-
construction, construction, and commissioning phases.
(3) Certifies in writing that such an agreement is in
effect and will prevent subsequent major construction project
cost overruns, provides a copy of the agreement entered into
(and any required supplementary information) to the Committees
on Appropriations of both Houses of Congress, and a period of
60 days has elapsed.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406 and chapter 81 of
title 38, United States Code, not otherwise provided for, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$378,080,000, to remain available until September 30, 2020, along with
unobligated balances of previous ``Construction, Minor Projects''
appropriations which are hereby made available for any project where
the estimated cost is equal to or less than the amount set forth in
such section: Provided, That funds made available under this heading
shall be for: (1) repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the Department which are necessary
because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to
minimize further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $100,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $46,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2016 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2016, in this Act or any other Act, under the
``Medical Services'', ``Medical support and compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts: Provided,
That any transfers between the ``Medical Services'' and ``Medical
Support and Compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act may take
place subject to notification from the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress of the
amount and purpose of the transfer: Provided further, That any
transfers between the ``Medical Services'' and ``Medical Support and
Compliance'' accounts in excess of 1 percent, or exceeding the
cumulative 1 percent for the fiscal year, may take place only after the
Secretary requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval is
issued: Provided further, That any transfers to or from the ``Medical
Facilities'' account may take place only after the Secretary requests
from the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2015.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2016, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title 38,
United States Code, the Veterans' Special Life Insurance Fund under
section 1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title 38, United
States Code, reimburse the ``General operating expenses, Veterans
Benefits Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2016 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That, if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 2016 which is properly allocable to the provision of each
such insurance program and to the provision of any total disability
income insurance included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management of the Department of Veterans Affairs
and the Office of Employment Discrimination Complaint Adjudication
under section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not to exceed
$43,700,000 for the Office of Resolution Management and $3,400,000 for
the Office of Employment Discrimination Complaint Adjudication:
Provided, That payments may be made in advance for services to be
furnished based on estimated costs: Provided further, That amounts
received shall be credited to the ``General Administration'' and
``Information Technology Systems'' accounts for use by the office that
provided the service.
(transfer of funds)
Sec. 211. Of the amounts made available to the Department of
Veterans Affairs for fiscal year 2016 for the Office of Rural Health
under the heading ``Medical Services'', including any advance
appropriation for fiscal year 2016 provided in prior appropriation
Acts, up to $20,000,000 may be transferred to and merged with funds
appropriated under the heading ``Grants for Construction of State
Extended Care Facilities''.
Sec. 212. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided
further, That any amounts so recovered for care or services provided in
a prior fiscal year may be obligated by the Secretary during the fiscal
year in which amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects''
and ``Construction, Minor Projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, Major
Projects'' and ``Construction, Minor Projects''.
Sec. 214. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to ``Medical Services'', to remain available
until expended for the purposes of that account: Provided, That, for
fiscal year 2016, up to $27,000,000 deposited in the Department of
Veterans Affairs Medical Care Collections Fund shall be transferred to
``Information Technology Systems'', to remain available until expended,
for development of the Medical Care Collections Fund electronic data
exchange provider and payer system.
Sec. 216. The Secretary of Veterans Affairs may enter into
agreements with Indian tribes and tribal organizations which are party
to the Alaska Native Health Compact with the Indian Health Service, and
Indian tribes and tribal organizations serving rural Alaska which have
entered into contracts with the Indian Health Service under the Indian
Self Determination and Educational Assistance Act, to provide
healthcare, including behavioral health and dental care. The Secretary
shall require participating veterans and facilities to comply with all
appropriate rules and regulations, as established by the Secretary. The
term ``rural Alaska'' shall mean those lands sited within the external
boundaries of the Alaska Native regions specified in sections 7(a)(1)-
(4) and (7)-(12) of the Alaska Native Claims Settlement Act, as amended
(43 U.S.C. 1606), and those lands within the Alaska Native regions
specified in sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims
Settlement Act, as amended (43 U.S.C. 1606), which are not within the
boundaries of the municipality of Anchorage, the Fairbanks North Star
Borough, the Kenai Peninsula Borough or the Matanuska Susitna Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 218. None of the funds made available in this title may be
used to implement any policy prohibiting the Directors of the Veterans
Integrated Services Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
Sec. 219. The Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report on the financial status of the Veterans Health Administration.
(including transfer of funds)
Sec. 220. Amounts made available under the ``Medical Services'',
``Medical Support and Compliance'', ``Medical Facilities'', ``General
Operating Expenses, Veterans Benefits Administration'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2016 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That, before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and an approval is issued.
Sec. 221. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 222. Of the amounts made available to the Department of
Veterans Affairs for fiscal year 2016, in this Act or any other Act,
under the ``Medical Facilities'' account for nonrecurring maintenance,
not more than 20 percent of the funds made available shall be obligated
during the last 2 months of that fiscal year: Provided, That the
Secretary may waive this requirement after providing written notice to
the Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 223. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2016 for ``Medical Services'',
``Medical Support and Compliance'', ``Medical Facilities'',
``Construction, Minor Projects'', and ``Information Technology
Systems'', up to $266,303,000, plus reimbursements, may be transferred
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571) and may be used for operation of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated in this
section to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written notification
by the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress: Provided further, That
section 223 of Title II of Division I of Public Law 113-235 is
repealed.
(including transfer of funds)
Sec. 224. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2016, for
``Medical Services'', ``Medical Support and Compliance'', and ``Medical
Facilities'', up to $265,675,000, plus reimbursements, may be
transferred to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 3571) and may be used for operation of
the facilities designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4500): Provided, That additional funds may be transferred from
accounts designated in this section to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 225. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500).
(transfer of funds)
Sec. 226. Of the amounts available in this title for ``Medical
Services'', ``Medical Support and Compliance'', and ``Medical
Facilities'', a minimum of $15,000,000 shall be transferred to the DOD-
VA Health Care Sharing Incentive Fund, as authorized by section 8111(d)
of title 38, United States Code, to remain available until expended,
for any purpose authorized by section 8111 of title 38, United States
Code.
(including rescissions of funds)
Sec. 227. (a) Of the funds appropriated in division I of Public Law
113-235, the following amounts which become available on October 1,
2015, are hereby rescinded from the following accounts in the amounts
specified:
(1) ``Department of Veterans Affairs, Medical Services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $150,000,000.
(3) ``Department of Veterans Affairs, Medical Facilities'',
$250,000,000.
(b) In addition to amounts provided elsewhere in this Act, an
additional amount is appropriated to the following accounts in the
amounts specified to remain available until September 30, 2017:
(1) ``Department of Veterans Affairs, Medical Services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical Facilities'',
$250,000,000.
Sec. 228. The Secretary of the Department of Veterans Affairs
shall notify the Committees on Appropriations of both Houses of
Congress of all bid savings in major construction projects that total
at least $5,000,000, or 5 percent of the programmed amount of the
project, whichever is less: Provided, That such notification shall
occur within 14 days of a contract identifying the programmed amount:
Provided further, That the Secretary shall notify the Committees on
Appropriations of both Houses of Congress 14 days prior to the
obligation of such bid savings and shall describe the anticipated use
of such savings.
Sec. 229. The scope of work for a project included in
``Construction, Major Projects'' may not be increased above the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations.
Sec. 230. The Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report that contains the following information from each Veterans
Benefits Administration Regional Office: (1) the average time to
complete a disability compensation claim; (2) the number of claims
pending more than 125 days; (3) error rates; (4) the number of claims
personnel; (5) any corrective action taken within the quarter to
address poor performance; (6) training programs undertaken; and (7) the
number and results of Quality Review Team audits: Provided, That each
quarterly report shall be submitted no later than 30 days after the end
of the respective quarter.
Sec. 231. Of the funds provided to the Department of Veterans
Affairs for fiscal year 2016 for ``Medical Services'' and ``Medical
Support and Compliance'', a maximum of $5,000,000 may be obligated from
the ``Medical Services'' account and a maximum of $154,596,000 may be
obligated from the ``Medical Support and Compliance'' account for the
VistA Evolution and electronic health record interoperability projects:
Provided, That funds in addition to these amounts may be obligated for
the VistA Evolution and electronic health record interoperability
projects upon written notification by the Secretary of Veterans Affairs
to the Committees on Appropriations of both Houses of Congress.
Sec. 232. The Secretary of Veterans Affairs shall provide written
notification to the Committees on Appropriations of both Houses of
Congress 15 days prior to organizational changes which result in the
transfer of 25 or more full-time equivalents from one organizational
unit of the Department of Veterans Affairs to another.
Sec. 233. The Secretary of Veterans Affairs shall provide on a
quarterly basis to the Committees on Appropriations of both Houses of
Congress notification of any single national outreach and awareness
marketing campaign in which obligations exceed $2,000,000.
Sec. 234. Not more than $4,400,000 of the funds provided in this
Act under the heading ``Department of Veterans Affairs--Departmental
Administration--General Administration'' may be used for the Office of
Congressional and Legislative Affairs.
Sec. 235. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace the
current system by which the Veterans Integrated Service Networks select
and contract for diabetes monitoring supplies and equipment.
(rescissions of funds)
Sec. 236. Of the discretionary funds made available in title II of
division I of Public Law 113-235 for the Department of Veterans Affairs
for fiscal year 2016, $198,000,000 are rescinded from ``Medical
Services'', $42,000,000 are rescinded from ``Medical Support and
Compliance'', and $15,000,000 are rescinded from ``Medical
Facilities''.
(rescissions of funds)
Sec. 237. (a) There is hereby rescinded an aggregate amount of
$55,000,000 from the total budget authority provided for fiscal year
2016 for discretionary accounts of the Department of Veterans Affairs
in--
(1) this Act; or
(2) any advance appropriation for fiscal year 2016 in prior
appropriation Acts.
(b) The Secretary shall submit to the Committees on Appropriations
of both Houses of Congress a report specifying the account and amount
of each rescission not later than 30 days following enactment of this
Act.
(rescission of funds)
Sec. 238. Of the unobligated balances available within the ``DOD-
VA Health Care Sharing Incentive Fund'', $50,000,000 are hereby
rescinded.
(rescissions of funds)
Sec. 239. Of the discretionary funds made available in title II of
division I of Public Law 113-235 for the Department of Veterans Affairs
for fiscal year 2015, $1,052,000 are rescinded from ``General
Administration'', and $5,000,000 are rescinded from ``Construction,
Minor Projects''.
(rescissions of funds)
Sec. 240. (a) There is hereby rescinded an aggregate amount of
$90,293,000 from prior year unobligated balances available within
discretionary accounts of the Department of Veterans Affairs;
(b) No funds may be rescinded from amounts provided under the
following headings:
(1) ``Medical Services'';
(2) ``Medical and Prosthetic Research'';
(3) ``National Cemetery Administration'';
(4) ``Board of Veterans Appeals'';
(5) ``General Operating Expenses, Veterans Benefits
Administration'';
(6) ``Office of Inspector General'';
(7) ``Grants for Construction of State Extended Care
Facilities''; and
(8) ``Grants for Construction of Veterans Cemeteries''.
(c) No amounts may be rescinded from amounts that were designated
by the Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
(d) The Secretary shall submit to the Committees on Appropriations
of both Houses of Congress a report specifying the account and amount
of each rescission not later than 30 days following enactment of this
Act.
Sec. 241. Section 2302(a)(2)(A)(viii) of title 5, United States
Code, is amended by inserting ``or under title 38'' after ``of this
title''.
Sec. 242. The Department of Veterans Affairs is authorized to
administer financial assistance grants and enter into cooperative
agreements with organizations, utilizing a competitive selection
process, to train and employ homeless and at-risk veterans in natural
resource conservation management.
Sec. 243. Section 312 of title 38, United States Code, is amended
by adding at the end the following new subsection:
``(c)(1) Whenever the Inspector General, in carrying out the duties
and responsibilities established under the Inspector General Act of
1978 (5 U.S.C. App.), issues a work product that makes a recommendation
or otherwise suggests corrective action, the Inspector General shall--
``(A) submit the work product to--
``(i) the Secretary;
``(ii) the Committee on Veterans' Affairs,
the Committee on Homeland Security and
Governmental Affairs, and the Committee on
Appropriations of the Senate;
``(iii) the Committee on Veterans' Affairs,
the Committee on Oversight and Government
Reform, and the Committee on Appropriations of
the House of Representatives;
``(iv) if the work product was initiated
upon request by an individual or entity other
than the Inspector General, that individual or
entity; and
``(v) any Member of Congress upon request;
and
``(B) the Inspector General shall submit all final
work products to--
``(i) if the work product was initiated
upon request by an individual or entity other
than the Inspector General, that individual or
entity; and
``(ii) any Member of Congress upon request;
and
``(C) not later than 3 days after the work product
is submitted in final form to the Secretary, post the
work product on the Internet website of the Inspector
General.
``(2) Nothing in this subsection shall be construed to
authorize the public disclosure of information that is
specifically prohibited from disclosure by any other provision
of law.''.
Sec. 244. None of the funds provided in this Act may be used to
pay the salary of any individual who (a) was the Executive Director of
the Office of Acquisition, Logistics and Construction, and (b) who
retired from Federal service in the midst of an investigation,
initiated by the Department of Veterans Affairs, into delays and cost
overruns associated with the design and construction of the new medical
center in Aurora, Colorado.
Sec. 245. Of the amounts appropriated or otherwise made available
to the Department of Veterans Affairs for the ``Medical Services''
account for fiscal year 2016 in this Act of any other Act, not less
than $10,000,000 shall be used to hire additional caregiver support
coordinators to support the programs of assistance and support for
caregivers of veterans under section 1720G of title 38, United States
Code.
Sec. 246. None of the funds appropriated or otherwise made
available to the Department of Veterans Affairs in this Act may be used
in a manner that would--
(1) interfere with the ability of a veteran to participate
in a State-approved medicinal marijuana program;
(2) deny any services from the Department to a veteran who
is participating in such a program; or
(3) limit or interfere with the ability of a health care
provider of the Department to make appropriate recommendations,
fill out forms, or take steps to comply with such a program.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $7,500
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $75,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $32,141,000: Provided, That
$2,500,000 shall be available for the purpose of providing financial
assistance as described, and in accordance with the process and
reporting procedures set forth, under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $1,000
for official reception and representation expenses, $70,800,000, of
which not to exceed $28,000,000 shall remain available until September
30, 2018. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $64,300,000, of which $1,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi.
Administrative Provisions
Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'', may be
provided to Arlington County, Virginia, for the relocation of the
federally owned water main at Arlington National Cemetery, making
additional land available for ground burials.
Sec. 302. Amounts deposited during the current fiscal year to the
special account established under 10 U.S.C. 4727 are appropriated and
shall be available until expended to support activities at the Army
National Military Cemeteries.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 403. Such sums as may be necessary for fiscal year 2016 for
pay raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 404. No part of any funds appropriated in this Act shall be
used by an agency of the executive branch, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, and for the preparation, distribution, or use of
any kit, pamphlet, booklet, publication, radio, television, or film
presentation designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 405. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 406. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 407. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 408. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 409. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 410. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this Act may
be used to construct, renovate, or expand any facility in the United
States, its territories, or possessions to house any individual
detained at United States Naval Station, Guantanamo Bay, Cuba, for the
purposes of detention or imprisonment in the custody or under the
control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act, 2016''.
DIVISION E--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $6,342,470,000, of which up to
$637,164,000 may remain available until September 30, 2017, and of
which up to $2,094,707,000 may remain available until expended for
Worldwide Security Protection: Provided, That funds made available
under this heading shall be allocated in accordance with paragraphs (1)
through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948 (Public Law 80-402),
$2,238,853,000, of which up to $358,833,000 is for Worldwide
Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,561,840,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress, general administration, and arms
control, nonproliferation and disarmament activities as
authorized, $787,951,000.
(4) Security programs.--For necessary expenses for security
activities, $1,753,826,000, of which up to $1,735,874,000 is
for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) not to exceed $1,840,900 shall be derived from
fees collected from other executive agencies for lease
or use of facilities located at the International
Center in accordance with section 4 of the
International Center Act (Public Law 97-186), and, in
addition, as authorized by section 5 of such Act,
$743,000, to be derived from the reserve authorized by
that section, to be used for the purposes set out in
that section;
(B) as authorized by section 810 of Public Law 80-
402, not to exceed $5,000,000, to remain available
until expended, may be credited to this appropriation
from fees or other payments received from English
teaching, library, motion pictures, and publication
programs and from fees from educational advising and
counseling and exchange visitor programs; and
(C) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(6) Transfer, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this
Act, funds may be reprogrammed within and between
paragraphs (1) through (4) under this heading subject
to section 7015 of this Act.
(B) Of the amount made available under this
heading, not to exceed $10,000,000 may be transferred
to, and merged with, funds made available by this Act
under the heading ``Emergencies in the Diplomatic and
Consular Service'', to be available only for emergency
evacuations and rewards, as authorized.
(C) Funds appropriated under this heading are
available for acquisition by exchange or purchase of
passenger motor vehicles as authorized by law and,
pursuant to section 1108(g) of title 31, United States
Code, for the field examination of programs and
activities in the United States funded from any account
contained in this title.
(D) Of the funds appropriated under this heading,
up to $11,000,000, to remain available until expended,
shall be for Conflict Stabilization Operations (CSO)
and for related reconstruction and stabilization
assistance to prevent or respond to conflict or civil
strife in foreign countries or regions, or to enable
transition from such strife: Provided, That additional
funds appropriated under this heading may be made
available, as necessary, only to fund the salary and
benefit costs for CSO staff employed on the date of
enactment of this Act: Provided further, That funds
appropriated under this heading may be transferred to,
and merged with, funds previously made available under
the heading ``Conflict Stabilization Operations'' in
title I of prior acts making appropriations for the
Department of State, foreign operations, and related
programs.
capital investment fund
For necessary expenses of the Capital Investment Fund, $56,400,000,
to remain available until expended, as authorized.
office of inspector general
For necessary expenses of the Office of Inspector General,
$72,700,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (Public Law 96-465), as it relates to post inspections:
Provided, That of the funds appropriated under this heading,
$10,905,000 may remain available until September 30, 2017.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $590,900,000, to remain available until expended, of which
not less than $236,000,000 shall be for the Fulbright Program:
Provided, That fees or other payments received from, or in connection
with, English teaching, educational advising and counseling programs,
and exchange visitor programs as authorized may be credited to this
account, to remain available until expended: Provided further, That a
portion of the Fulbright awards from the Eurasia and Central Asia
regions shall be designated as Edmund S. Muskie Fellowships, following
consultation with the Committees on Appropriations: Provided further,
That notwithstanding section 62.32(h)(16) of title 22 of the Code of
Federal Regulations, the Secretary of State shall permit participants
in the Summer Work Travel program who are admitted under section
101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(J)) to be employed in seafood processing positions until
September 30, 2016, if such placements comply with all the requirements
of such program: Provided further, That any substantive modifications
from the prior fiscal year to programs funded by this Act under this
heading shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $8,030,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$29,807,000, to remain available until September 30, 2017.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for buildings that are owned or directly leased
by the Department of State, renovating, in addition to funds otherwise
available, the Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $785,097,000, to remain
available until expended as authorized, of which not to exceed $25,000
may be used for domestic and overseas representation expenses as
authorized: Provided, That none of the funds appropriated in this
paragraph shall be available for acquisition of furniture, furnishings,
or generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,300,000,000, to remain
available until expended: Provided, That not later than 45 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations the proposed allocation of funds made
available under this heading and the actual and anticipated proceeds of
sales for all projects in fiscal year 2016.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
$7,900,000, to remain available until expended as authorized, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account'', subject to the same terms and conditions.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,444,528.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $30,000,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $1,456,179,000:
Provided, That the Secretary of State shall, at the time of the
submission of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees on
Appropriations the most recent biennial budget prepared by the United
Nations for the operations of the United Nations: Provided further,
That the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency, as far
in advance as is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget: Provided
further, That not later than May 1, 2016, and 30 days after the end of
fiscal year 2016, the Secretary of State shall report to the Committees
on Appropriations any credits available to the United States, including
from the United Nations Tax Equalization Fund, and provide updated
fiscal year 2016 and fiscal year 2017 assessment costs including
offsets from available credits and updated foreign currency exchange
rates: Provided further, That any such credits shall only be available
for United States assessed contributions to the United Nations and the
Committees on Appropriations shall be notified when such credits are
applied to any assessed contribution, including any payment of
arrearages: Provided further, That any notification regarding funds
appropriated or otherwise made available under this heading in this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs submitted pursuant to section
7015 of this Act, section 34 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2706), or any operating plan submitted pursuant
to section 7076 of this Act, shall include an estimate of all known
credits currently available to the United States and provide updated
assessment costs including offsets from available credits and updated
foreign currency exchange rates: Provided further, That any payment of
arrearages under this heading shall be directed to activities that are
mutually agreed upon by the United States and the respective
international organization and shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That none of the funds appropriated under this heading shall
be available for a United States contribution to an international
organization for the United States share of interest costs made known
to the United States Government by such organization for loans incurred
on or after October 1, 1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $2,248,223,000, of
which 15 percent shall remain available until September 30, 2017:
Provided, That none of the funds made available by this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an emergency
as far in advance as is practicable), the Committees on Appropriations
are notified: (1) of the estimated cost and duration of the mission,
the objectives of the mission, the national interest that will be
served, and the exit strategy; and (2) the source of funds that will be
used to pay the cost of the new or expanded mission, and the estimated
cost in future fiscal years: Provided further, That none of the funds
appropriated under this heading may be made available for obligation
unless the Secretary of State certifies and reports to the Committees
on Appropriations on a peacekeeping mission-by-mission basis that the
United Nations is implementing effective policies and procedures to
prevent United Nations employees, contractor personnel, and
peacekeeping troops serving in such mission from trafficking in
persons, exploiting victims of trafficking, or committing acts of
illegal sexual exploitation or other violations of human rights, and to
bring to justice individuals who engage in such acts while
participating in such mission, including prosecution in their home
countries and making information about such prosecutions publicly
available on the Web site of the United Nations: Provided further,
That funds shall be available for peacekeeping expenses unless the
Secretary of State determines that American manufacturers and suppliers
are not being given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to those
being given to foreign manufacturers and suppliers: Provided further,
That the Secretary of State shall work with the United Nations and
foreign governments contributing peacekeeping troops to implement
effective vetting procedures to ensure that such troops have not
violated human rights, and shall submit a report to the Committees on
Appropriations not later than 90 days after enactment of this Act
assessing the effectiveness of such procedures: Provided further, That
none of the funds appropriated or otherwise made available under this
heading may be used for any United Nations peacekeeping mission that
will involve United States Armed Forces under the command or
operational control of a foreign national, unless the President's
military advisors have submitted to the President a recommendation that
such involvement is in the national interest of the United States and
the President has submitted to Congress such a recommendation:
Provided further, That not later than May 1, 2016, and 30 days after
the end of fiscal year 2016, the Secretary of State shall report to the
Committees on Appropriations any credits available to the United
States, including those resulting from United Nations peacekeeping
missions or the United Nations Tax Equalization Fund, and provide
updated fiscal year 2016 and fiscal year 2017 assessment costs
including offsets from available credits: Provided further, That any
such credits shall only be available for United States assessed
contributions to the United Nations, and the Committees on
Appropriations shall be notified when such credits are applied to any
assessed contribution, including any payment of arrearages: Provided
further, That any notification regarding funds appropriated or
otherwise made available under this heading in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs submitted pursuant to section 7015 of this Act,
section 34 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2706), or any operating plan submitted pursuant to section 7076
of this Act, shall include an estimate of all known credits currently
available to the United States and provide updated assessment costs
including offsets from available credits: Provided further, That
notwithstanding any other provision of law, funds appropriated or
otherwise made available under this heading may be made available for
United States assessed contributions up to the amount specified in the
Annex accompanying United Nations General Assembly document A/67/224/
Add.1, if the Secretary of State determines and reports to the
appropriate congressional committees that to do so is important to the
national interest of the United States.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $45,307,000.
construction
For detailed plan preparation and construction of authorized
projects, $28,400,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and the Border
Environment Cooperation Commission as authorized by the North American
Free Trade Agreement Implementation Act, $12,330,000: Provided, That
of the amount provided under this heading for the International Joint
Commission, up to $500,000 may remain available until September 30,
2017, and $9,000 may be made available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $36,681,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to section 3324 of title 31, United
States Code.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international
communication activities, and to make and supervise grants for radio
and television broadcasting to the Middle East, $728,257,000:
Provided, That in addition to amounts otherwise available for such
purposes, up to $28,635,000 of the amount appropriated under this
heading may remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than $12,500,000 shall
be for Internet freedom programs: Provided further, That of the total
amount appropriated under this heading, not to exceed $35,000 may be
used for representation expenses, of which $10,000 may be used for
representation expenses within the United States as authorized, and not
to exceed $30,000 may be used for representation expenses of Radio Free
Europe/Radio Liberty: Provided further, That the authority provided by
section 504(c) of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 22 U.S.C. 6206 note) shall remain in effect
through September 30, 2016: Provided further, That the BBG shall
notify the Committees on Appropriations within 15 days of any
determination by the Board that any of its broadcast entities,
including its grantee organizations, provides an open platform for
international terrorists or those who support international terrorism,
or is in violation of the principles and standards set forth in
subsections (a) and (b) of section 303 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202) or the entity's
journalistic code of ethics: Provided further, That significant
modifications to BBG broadcast hours previously justified to Congress,
including changes to transmission platforms (shortwave, medium wave,
satellite, Internet, and television), for all BBG language services
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That in addition to
funds made available under this heading, and notwithstanding any other
provision of law, up to $5,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in receipts from
cooperating international organizations, and up to $1,000,000 in
receipts from privatization efforts of the Voice of America and the
International Broadcasting Bureau, shall remain available until
expended for carrying out authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such
purposes, $4,800,000, to remain available until expended, as
authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available until
expended.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $35,300,000, to remain available until September 30, 2017,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2016, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2016, to remain available until
expended: Provided, That none of the funds appropriated herein shall
be used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September
30, 2016, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$16,700,000.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for
Democracy Act (22 U.S.C. 4412), $170,000,000, to remain available until
expended.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $676,000, as authorized by chapter 3123 of
title 54, United States Code: Provided, That the Commission may
procure temporary, intermittent, and other services notwithstanding
paragraph (3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2016: Provided
further, That the Commission shall consult with the Committees on
Appropriations prior to exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom established in title II of the
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.),
$3,500,000, to remain available until September 30, 2017, including not
more than $4,000 for representation expenses, subject to authorization.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by sections 3001 et seq. of title
22, United States Code, $2,579,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2017.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,000,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2017.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $3,500,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2017:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall continue in effect during fiscal year 2016 and shall apply to
funds appropriated under this heading as if included in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $1,143,614,000, of which up to
$171,542,000 may remain available until September 30, 2017: Provided,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the
United States Agency for International Development (USAID), unless the
USAID Administrator has identified such proposed use of funds in a
report submitted to the Committees on Appropriations at least 15 days
prior to the obligation of funds for such purposes: Provided further,
That contracts or agreements entered into with funds appropriated under
this heading may entail commitments for the expenditure of such funds
through the following fiscal year: Provided further, That the
authority of sections 610 and 109 of the Foreign Assistance Act of 1961
may be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of those
sections: Provided further, That of the funds appropriated or made
available under this heading, not to exceed $250,000 may be available
for representation and entertainment expenses, of which not to exceed
$5,000 may be available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID during the
current fiscal year.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $168,300,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds appropriated
under this heading shall be available subject to the regular
notification procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $66,000,000, of which up to
$9,900,000 may remain available until September 30, 2017, for the
Office of Inspector General of the United States Agency for
International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $2,798,000,000, to remain available until September 30, 2017,
and which shall be apportioned directly to the United States Agency for
International Development (USAID): Provided, That this amount shall be
made available for training, equipment, and technical assistance to
build the capacity of public health institutions and organizations in
developing countries, and for such activities as: (1) child survival
and maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation programs
which directly address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or orphaned
by causes other than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; (6) disaster preparedness
training for health crises; and (7) family planning/reproductive
health: Provided further, That funds appropriated under this paragraph
may be made available for a United States contribution to GAVI, the
Vaccine Alliance: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization or
program which, as determined by the President of the United States,
supports or participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That any
determination made under the previous proviso must be made not later
than 6 months after the date of enactment of this Act, and must be
accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made available
under this Act may be used to pay for the performance of abortion as a
method of family planning or to motivate or coerce any person to
practice abortions: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory prohibitions against
abortion under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further, That
in order to reduce reliance on abortion in developing nations, funds
shall be available only to voluntary family planning projects which
offer, either directly or through referral to, or information about
access to, a broad range of family planning methods and services, and
that any such voluntary family planning project shall meet the
following requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the USAID Administrator determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4)
of this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally,
all such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That information
provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits and
failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,670,000,000, to remain
available until September 30, 2020, which shall be apportioned directly
to the Department of State: Provided, That funds appropriated under
this paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), as
amended, for a United States contribution to the Global Fund to Fight
AIDS, Tuberculosis and Malaria (Global Fund), and shall be expended at
the minimum rate necessary to make timely payment for projects and
activities: Provided further, That the amount of such contribution
should be $1,350,000,000: Provided further, That amounts specified for
such a contribution in this Act or in the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015 (division J
of Public Law 113-235) may be made available notwithstanding section
202(d)(4)(A)(i) of Public Law 108-25: Provided further, That up to 5
percent of the aggregate amount of funds made available to the Global
Fund in fiscal year 2016 may be made available to USAID for technical
assistance related to the activities of the Global Fund: Provided
further, That of the funds appropriated under this paragraph, up to
$17,000,000 may be made available, in addition to amounts otherwise
available for such purposes, for administrative expenses of the Office
of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I
of the Foreign Assistance Act of 1961, $2,637,854,000, to remain
available until September 30, 2017.
international disaster assistance
For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $560,000,000, to
remain available until expended.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $47,000,000, to remain available until
expended, to support transition to democracy and long-term development
for countries in crisis: Provided, That such support may include
assistance to develop, strengthen, or preserve democratic institutions
and processes, revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the USAID Administrator
shall submit a report to the Committees on Appropriations at least 5
days prior to beginning a new program of assistance: Provided further,
That if the Secretary of State determines that it is important to the
national interest of the United States to provide transition assistance
in excess of the amount appropriated under this heading, up to
$15,000,000 of the funds appropriated by this Act to carry out the
provisions of part I of the Foreign Assistance Act of 1961 may be used
for purposes of this heading and under the authorities applicable to
funds appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on Appropriations.
complex crises fund
(including transfer of funds)
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 to support programs and activities to prevent or
respond to emerging or unforeseen foreign challenges and complex crises
overseas, $30,000,000, to remain available until expended: Provided,
That funds appropriated under this heading may be made available on
such terms and conditions as are appropriate and necessary for the
purposes of preventing or responding to such challenges and crises,
except that no funds shall be made available for lethal assistance or
to respond to natural disasters: Provided further, That funds
appropriated under this heading may be made available notwithstanding
any other provision of law, except sections 7007, 7008, and 7018 of
this Act and section 620M of the Foreign Assistance Act of 1961:
Provided further, That funds appropriated under this heading may be
used for administrative expenses, in addition to funds otherwise made
available for such purposes, except that such expenses may not exceed 5
percent of the funds appropriated under this heading: Provided
further, That funds appropriated under this heading shall be subject to
the regular notification procedures of the Committees on
Appropriations, except that such notifications shall be transmitted at
least 5 days prior to the obligation of funds.
development credit authority
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development (USAID), as
authorized by sections 256 and 635 of the Foreign Assistance Act of
1961, up to $40,000,000 may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act and under the
heading ``Assistance for Europe, Eurasia and Central Asia'': Provided,
That funds provided under this paragraph and funds provided as a gift
that are used for purposes of this paragraph pursuant to section 635(d)
of the Foreign Assistance Act of 1961 shall be made available only for
micro- and small enterprise programs, urban programs, and other
programs which further the purposes of part I of such Act: Provided
further, That such costs, including the cost of modifying such direct
and guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, and funds used for such costs shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit Authority) of
the Foreign Assistance Act of 1961, as contained in section 306 of H.R.
1486 as reported by the House Committee on International Relations on
May 9, 1997, shall be applicable to direct loans and loan guarantees
provided under this heading, except that the principal amount of loans
made or guaranteed under this heading with respect to any single
country shall not exceed $300,000,000: Provided further, That these
funds are available to subsidize total loan principal, any portion of
which is to be guaranteed, of up to $1,500,000,000.
In addition, for administrative expenses to carry out credit
programs administered by USAID, $8,120,000, which may be transferred
to, and merged with, funds made available under the heading ``Operating
Expenses'' in title II of this Act: Provided, That funds made
available under this heading shall remain available until September 30,
2018.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $1,991,070,000, to
remain available until September 30, 2017.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
$140,500,000, to remain available until September 30, 2017.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
and the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179), $443,061,000, to remain available until September
30, 2017, which shall be available, notwithstanding any other provision
of law, except section 7070 of this Act, for assistance and related
programs for countries identified in section 3 of Public Law 102-511
and section 3(c) of Public Law 101-179, in addition to funds otherwise
available for such purposes: Provided, That funds appropriated by this
Act under the heading ``Global Health Programs'' for assistance for
such countries shall be administered in accordance with the
responsibilities of the coordinator designated pursuant to section 102
of Public Law 102-511 and section 601 of Public Law 101-179: Provided
further, That funds appropriated under this heading shall be considered
to be economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained
in that Act for the use of economic assistance.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962, and other
activities to meet refugee and migration needs; salaries and expenses
of personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title
5, United States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code, $931,886,000, to remain available until expended, of which not
less than $35,000,000 shall be made available to respond to small-scale
emergency humanitarian requirements, and $10,000,000 shall be made
available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $50,000,000, to remain available until expended.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $379,500,000, of which $5,150,000 is
for the Office of Inspector General, to remain available until
September 30, 2017: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as authorized by
section 16 of the Peace Corps Act (22 U.S.C. 2515), an amount not to
exceed $5,000,000: Provided further, That funds transferred pursuant
to the previous proviso may not be derived from amounts made available
for Peace Corps overseas operations: Provided further, That of the
funds appropriated under this heading, not to exceed $104,000 may be
available for representation expenses, of which not to exceed $4,000
may be made available for entertainment expenses: Provided further,
That any decision to open, close, significantly reduce, or suspend a
domestic or overseas office or country program shall be subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations, except that prior consultation and
regular notification procedures may be waived when there is a
substantial security risk to volunteers or other Peace Corps personnel,
pursuant to section 7015(e) of this Act: Provided further, That none
of the funds appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division E of Public Law 113-76 shall apply to
funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$901,000,000, to remain available until expended: Provided, That of
the funds appropriated under this heading, up to $105,000,000 may be
available for administrative expenses of the Millennium Challenge
Corporation (the Corporation): Provided further, That up to 5 percent
of the funds appropriated under this heading may be made available to
carry out the purposes of section 616 of the MCA for fiscal year 2016:
Provided further, That section 605(e) of the MCA shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a Millennium
Challenge Compact entered into pursuant to section 609 of the MCA only
if such Compact obligates, or contains a commitment to obligate subject
to the availability of funds and the mutual agreement of the parties to
the Compact to proceed, the entire amount of the United States
Government funding anticipated for the duration of the Compact:
Provided further, That the Chief Executive Officer of the Corporation
shall notify the Committees on Appropriations not later than 15 days
prior to commencing negotiations for any country compact or threshold
country program; signing any such compact or threshold program; or
terminating or suspending any such compact or threshold program:
Provided further, That funds appropriated under this heading by this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are available to
implement section 609(g) of the MCA shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That no country should be eligible for a threshold program
after such country has completed a country compact: Provided further,
That any funds that are deobligated from a Millennium Challenge Compact
shall be subject to the regular notification procedures of the
Committees on Appropriations prior to re-obligation: Provided further,
That notwithstanding section 606(a)(2) of the MCA, a country shall be a
candidate country for purposes of eligibility for assistance for the
fiscal year if the country has a per capita income equal to or below
the World Bank's lower middle income country threshold for the fiscal
year and is among the 75 lowest per capita income countries as
identified by the World Bank; and the country meets the requirements of
section 606(a)(1)(B) of the MCA: Provided further, That
notwithstanding section 606(b)(1) of the MCA, in addition to countries
described in the preceding proviso, a country shall be a candidate
country for purposes of eligibility for assistance for the fiscal year
if the country has a per capita income equal to or below the World
Bank's lower middle income country threshold for the fiscal year and is
not among the 75 lowest per capita income countries as identified by
the World Bank; and the country meets the requirements of section
606(a)(1)(B) of the MCA: Provided further, That any Millennium
Challenge Corporation candidate country under section 606 of the MCA
with a per capita income that changes in the fiscal year such that the
country would be reclassified from a low income country to a lower
middle income country or from a lower middle income country to a low
income country shall retain its candidacy status in its former income
classification for the fiscal year and the 2 subsequent fiscal years:
Provided further, That in this fiscal year and hereafter, publication
in the Federal Register of a notice of availability of a copy of a
Compact on the Millennium Challenge Corporation Web site shall be
deemed to satisfy the requirements of section 610(b)(2) of the MCA for
such Compact: Provided further, That none of the funds made available
by this Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be available for
a threshold program in a country that is not currently a candidate
country: Provided further, That of the funds appropriated under this
heading, not to exceed $100,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be available
for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $22,500,000, to remain available
until September 30, 2017: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533),
$30,000,000, to remain available until September 30, 2017, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act, in exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section with
respect to a project and a project may exceed the limitation by up to
10 percent if the increase is due solely to foreign currency
fluctuation: Provided further, That the USADF shall submit a report to
the Committees on Appropriations after each time such waiver authority
is exercised: Provided further, That the USADF may make rent or lease
payments in advance from appropriations available for such purpose for
offices, buildings, grounds, and quarters in Africa as may be necessary
to carry out its functions: Provided further, That the USADF may
maintain bank accounts outside the United States Treasury and retain
any interest earned on such accounts, in furtherance of the purposes of
the African Foundation Development Act: Provided further, That the
USADF may not withdraw any appropriation from the Treasury prior to the
need of spending such funds for program purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $23,500,000, to remain available
until September 30, 2018, which shall be available notwithstanding any
other provision of law.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $735,701,000, to remain available until
September 30, 2017: Provided, That the provision of assistance by any
other United States Government department or agency which is comparable
to assistance that may be made available under this heading, but which
is provided under any other provision of law, should be provided only
with the concurrence of the Secretary of State and in accordance with
the provisions of sections 481(b) and 622(c) of the Foreign Assistance
Act of 1961: Provided further, That the Department of State may use
the authority of section 608 of the Foreign Assistance Act of 1961,
without regard to its restrictions, to receive excess property from an
agency of the United States Government for the purpose of providing
such property to a foreign country or international organization under
chapter 8 of part I of that Act, subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to the regular
notification procedures of the Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $474,187,000, to remain
available until September 30, 2017, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance
Act of 1961, section 504 of the FREEDOM Support Act, section 23 of the
Arms Export Control Act, or the Foreign Assistance Act of 1961 for
demining activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities, notwithstanding any
other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That for the clearance of unexploded ordnance,
the Secretary of State should prioritize those areas where such
ordnance was caused by the United States: Provided further, That funds
made available under this heading for the Nonproliferation and
Disarmament Fund shall be available notwithstanding any other provision
of law and subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, to
promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and shall
remain available until expended: Provided further, That such funds may
also be used for such countries other than the independent states of
the former Soviet Union and international organizations when it is in
the national security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be made
available for the IAEA unless the Secretary of State determines that
Israel is being denied its right to participate in the activities of
that Agency: Provided further, That funds made available for
conventional weapons destruction programs, including demining and
related activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to the
operation and management of such programs and activities.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $166,700,000: Provided, That
funds appropriated under this heading may be used, notwithstanding
section 660 of such Act, to provide assistance to enhance the capacity
of foreign civilian security forces, including gendarmes, to
participate in peacekeeping operations: Provided further, That of the
funds appropriated under this heading, not less than $35,000,000 shall
be made available for a United States contribution to the Multinational
Force and Observers mission in the Sinai: Provided further, That none
of the funds appropriated under this heading shall be obligated except
as provided through the regular notification procedures of the
Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $107,587,000, of which up to
$4,000,000 may remain available until September 30, 2017, and may only
be provided through the regular notification procedures of the
Committees on Appropriations: Provided, That the civilian personnel
for whom military education and training may be provided under this
heading may include civilians who are not members of a government whose
participation would contribute to improved civil-military relations,
civilian control of the military, or respect for human rights:
Provided further, That of the funds appropriated under this heading,
not to exceed $55,000 may be available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$4,543,934,000: Provided, That to expedite the provision of assistance
to foreign countries and international organizations, the Secretary of
State, following consultation with the Committees on Appropriations and
subject to the regular notification procedures of such Committees, may
use the funds appropriated under this heading to procure defense
articles and services to enhance the capacity of foreign security
forces: Provided further, That of the funds appropriated under this
heading, not less than $3,100,000,000 shall be available for grants
only for Israel, and funds are available for assistance for Jordan and
Egypt subject to section 7041 of this Act: Provided further, That the
funds appropriated under this heading for assistance for Israel shall
be disbursed within 30 days of enactment of this Act: Provided
further, That to the extent that the Government of Israel requests that
funds be used for such purposes, grants made available for Israel under
this heading shall, as agreed by the United States and Israel, be
available for advanced weapons systems, of which not less than
$815,300,000 shall be available for the procurement in Israel of
defense articles and defense services, including research and
development: Provided further, That none of the funds made available
under this heading shall be made available to support or continue any
program initially funded under the authority of section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3456), or section 2282 of title 10, United States
Code, unless the Secretary of State, in coordination with the Secretary
of Defense, has justified such program to the Committees on
Appropriations: Provided further, That funds appropriated or otherwise
made available under this heading shall be nonrepayable notwithstanding
any requirement in section 23 of the Arms Export Control Act: Provided
further, That funds made available under this heading shall be
obligated upon apportionment in accordance with paragraph (5)(C) of
section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That funds made available
under this heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided further,
That only those countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may utilize
funds made available under this heading for procurement of defense
articles, defense services, or design and construction services that
are not sold by the United States Government under the Arms Export
Control Act: Provided further, That funds appropriated under this
heading shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That not
more than $63,945,000 of the funds appropriated under this heading may
be obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside of the
United States, for the general costs of administering military
assistance and sales, except that this limitation may be exceeded only
through the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds made available
under this heading for general costs of administering military
assistance and sales, not to exceed $4,000 may be available for
entertainment expenses and not to exceed $130,000 may be available for
representation expenses: Provided further, That not more than
$904,000,000 of funds realized pursuant to section 21(e)(1)(A) of the
Arms Export Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 2016 pursuant to section 43(b)
of the Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $339,000,000:
Provided, That section 307(a) of the Foreign Assistance Act of 1961
shall not apply to contributions to the United Nations Democracy Fund.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $84,132,000, to remain available until
expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $645,300,000, to remain available until
expended.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States
share of the paid-in portion of the increases in capital stock,
$96,460,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed
$2,928,990,899.
contribution to the clean technology fund
For payment to the International Bank for Reconstruction and
Development as trustee for the Clean Technology Fund by the Secretary
of the Treasury, $85,340,000, to remain available until expended.
contribution to the strategic climate fund
For payment to the International Bank for Reconstruction and
Development as trustee for the Strategic Climate Fund by the Secretary
of the Treasury, $29,810,000, to remain available until expended.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion of
the increase in capital stock, $51,010,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the Inter-American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $4,098,794,833.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of increase
in capital stock, $5,608,000, to remain available until expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $83,043,000, to remain available
until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $17,059,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $507,860,808.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $113,750,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $15,965,000, to remain available
until expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security Program by
the Secretary of the Treasury, $21,500,000, to remain available until
expended.
contribution to the north american development bank
For payment to the North American Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion of
the increase in capital stock, $22,500,000, to remain available until
expended.
limitation on callable capital subscriptions
The Secretary of the Treasury may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of such capital stock in an amount not to exceed $255,000,000.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $6,000,000, to remain available until September 30, 2017.
program account
The Export-Import Bank (the Bank) of the United States is
authorized to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 104 of the Government
Corporation Control Act, as may be necessary in carrying out the
program for the current fiscal year for such corporation: Provided,
That none of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country, other than a
nuclear-weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act: Provided
further, That not less than 20 percent of the aggregate loan,
guarantee, and insurance authority available to the Bank under this Act
should be used to finance exports directly by small business concerns
(as defined under section 3 of the Small Business Act): Provided
further, That not less than 10 percent of the aggregate loan,
guarantee, and insurance authority available to the Bank under this Act
should be used for renewable energy technologies or energy efficiency
technologies: Provided further, That notwithstanding section 1(c) of
Public Law 103-428, as amended, sections 1(a) and (b) of Public Law
103-428 shall remain in effect through October 1, 2016.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $106,250,000: Provided, That the Export-Import Bank (the Bank)
may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) thereof shall remain in effect until
September 30, 2016: Provided further, That the Bank shall charge fees
for necessary expenses (including special services performed on a
contract or fee basis, but not including other personal services) in
connection with the collection of moneys owed the Bank, repossession or
sale of pledged collateral or other assets acquired by the Bank in
satisfaction of moneys owed the Bank, or the investigation or appraisal
of any property, or the evaluation of the legal, financial, or
technical aspects of any transaction for which an application for a
loan, guarantee, or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further,
That in addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account for such
purposes, to remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945,
as amended, and the Federal Credit Reform Act of 1990, as amended, in
an amount not to exceed the amount appropriated herein, shall be
credited as offsetting collections to this account: Provided, That the
sums herein appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by such offsetting collections so as to result
in a final fiscal year appropriation from the General Fund estimated at
$0: Provided further, That amounts collected in fiscal year 2016 in
excess of obligations, up to $10,000,000 shall become available on
September 1, 2016, and shall remain available until September 30, 2019.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by section 9104
of title 31, United States Code, such expenditures and commitments
within the limits of funds available to it and in accordance with law
as may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance programs
(including an amount for official reception and representation expenses
which shall not exceed $35,000) shall not exceed $62,787,000: Provided
further, That project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other direct costs
associated with services provided to specific investors or potential
investors pursuant to section 234 of the Foreign Assistance Act of
1961, shall not be considered administrative expenses for the purposes
of this heading.
program account
For the cost of direct and guaranteed loans, $20,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961, to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums
shall be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 2016, 2017, and 2018:
Provided further, That funds so obligated in fiscal year 2016 remain
available for disbursement through 2024; funds obligated in fiscal year
2017 remain available for disbursement through 2025; and funds
obligated in fiscal year 2018 remain available for disbursement through
2026: Provided further, That notwithstanding any other provision of
law, the Overseas Private Investment Corporation is authorized to
undertake any program authorized by title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 in Iraq: Provided further, That
funds made available pursuant to the authority of the previous proviso
shall be subject to the regular notification procedures of the
Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $60,000,000, to remain available
until September 30, 2017: Provided, That of the funds appropriated
under this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a
quarterly accounting of cumulative unobligated balances and obligated,
but unexpended, balances by program, project, and activity, and
Treasury Account Fund Symbol of all funds received by such department
or agency in fiscal year 2016 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by
this section should specify by account the amount of funds obligated
pursuant to bilateral agreements which have not been further sub-
obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive
Order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing.--Of funds provided
under title I of this Act, except as provided in subsection (b), a
project to construct a diplomatic facility of the United States may not
include office space or other accommodations for an employee of a
Federal agency or department if the Secretary of State determines that
such department or agency has not provided to the Department of State
the full amount of funding required by subsection (e) of section 604 of
the Secure Embassy Construction and Counterterrorism Act of 1999 (as
enacted into law by section 1000(a)(7) of Public Law 106-113 and
contained in appendix G of that Act; 113 Stat. 1501A-453), as amended
by section 629 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2005.
(b) Exception.--Notwithstanding the prohibition in subsection (a),
a project to construct a diplomatic facility of the United States may
include office space or other accommodations for members of the United
States Marine Corps.
(c) New Diplomatic Facilities.--For the purposes of calculating the
fiscal year 2016 costs of providing new United States diplomatic
facilities in accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note),
the Secretary of State, in consultation with the Director of the Office
of Management and Budget, shall determine the annual program level and
agency shares in a manner that is proportional to the Department of
State's contribution for this purpose.
(d) Consultation and Notification Requirements.--Funds appropriated
by this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs, which may be made
available for the acquisition of property or award of construction
contracts for overseas diplomatic facilities during fiscal year 2016,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That any such notification for a new diplomatic facility
justified to the Committees on Appropriations in Appendix I of the
Congressional Budget Justification, Department of State, Diplomatic
Engagement, Fiscal Year 2016, or not previously justified to such
Committees, shall include confirmation that the Department of State has
completed the requisite value engineering studies required pursuant to
OMB Circular A-131, Value Engineering December 31, 2013 and the Bureau
of Overseas Building Operations Policy and Procedure Directive, P&PD,
PE/DE 03; Value Engineering, May 26, 2004.
(e) Expeditionary, Interim, and Temporary Facilities Abroad.--
(1) Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be made
available to address security vulnerabilities at expeditionary,
interim, and temporary facilities abroad, including physical
security upgrades and local guard staffing, except that the
amount of funds made available for such purposes from this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be a
minimum of $25,000,000: Provided, That the uses of such funds
should be the responsibility of the Assistant Secretary of
State for the Bureau of Diplomatic Security and Foreign
Missions, in consultation with the Director of the Bureau of
Overseas Buildings Operations: Provided further, That such
funds shall be subject to prior consultation with the
Committees on Appropriations.
(2) Notwithstanding any other provision of law, the
opening, closure, or any significant modification to an
expeditionary, interim, or temporary diplomatic facility shall
be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations, except that
such consultation and notification may be waived if there is a
security risk to personnel.
(3) Not later than 60 days after enactment of this Act, the
Department of State shall document standard operating
procedures and best practices associated with the delivery,
construction, and protection of temporary structures in high
threat and conflict environments: Provided, That the Secretary
of State shall notify the Committees on Appropriations after
completing such documentation.
(f) Foreign Affairs Security Training Center.--
(1) None of the funds made available by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs may be obligated for design,
site preparation or construction of a Foreign Affairs Security
Training Center (FASTC) at Fort Pickett, Virginia, until each
of the following occurs:
(A) The Secretary of State submits to the
appropriate congressional committees, the Comptroller
General of the United States, and the Director of the
Office of Management and Budget a comprehensive cost-
benefit analysis of the construction of FASTC at Fort
Pickett, Virginia that includes, at a minimum, the
following: a life-cycle cost estimate of construction,
maintenance, and sustainment of FASTC; an estimate of
the effect of FASTC on the total cost associated with
conducting security training for Department of State
personnel and dependents, as appropriate; and a
detailed analysis that quantifies the impact of FASTC
on the training capacity and operational effectiveness
of Bureau of Diplomatic Security, Department of State;
(B) The Comptroller General submits an assessment
of the analysis required by subparagraph (A) to the
appropriate congressional committees on the
methodology, analysis and conclusions of the report
submitted by the Secretary of State; and
(C) The Secretary of State, in consultation with
the Director of the Office of Management and Budget,
reviews the report required under subparagraph (A) and
the assessment required under subparagraph (B), and
certifies to the appropriate congressional committees
that the construction of FASTC at Fort Pickett,
Virginia would provide efficiencies and increases in
the training capacity and operational effectiveness of
the Bureau of Diplomatic Security commensurate with the
estimated life-cycle costs of constructing,
maintaining, and sustaining FASTC.
(2) Not later than 180 days after the enactment of this
Act, the Secretary of State shall submit the report required
subparagraph (A), and not later than 180 days after receiving
such report, the Comptroller General shall submit the
assessment required under subparagraph (B).
(g) Compliance With the Vienna Convention on Diplomatic Relations
by the People's Republic of China.--Not later than 30 days after
enactment of this Act, the Secretary of State shall determine and
report to the appropriate congressional committees the extent to which
the Government of the People's Republic of China (PRC) has taken action
to interfere with the repair and renovation of United States diplomatic
facilities in the PRC during the past calendar year, including any
action taken in contravention of the Vienna Convention on Diplomatic
Relations, 1961.
(h) Transfer Authority.--Funds appropriated under the heading
``Diplomatic and Consular Programs'', including for Worldwide Security
Protection, and under the heading ``Embassy Security, Construction, and
Maintenance'' in titles I and VIII of this Act may be transferred to,
and merged with, funds appropriated by such titles under such headings
if the Secretary of State determines and reports to the Committees on
Appropriations that to do so is necessary to implement the
recommendations of the Benghazi Accountability Review Board, or to
prevent or respond to security situations and requirements, following
consultation with, and subject to the regular notification procedures
of, such Committees: Provided, That such transfer authority is in
addition to any transfer authority otherwise available under any other
provision of law.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 7015
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
local guard contracts
Sec. 7006. In evaluating proposals for local guard contracts, the
Secretary of State shall award contracts in accordance with section 136
of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
(22 U.S.C. 4864), except that the Secretary may grant authorization to
award such contracts on the basis of best value as determined by a
cost-technical tradeoff analysis (as described in Federal Acquisition
Regulation part 15.101), notwithstanding subsection (c)(3) of such
section: Provided, That the authority in this section shall apply to
any options for renewal that may be exercised under such contracts that
are awarded during the current fiscal year.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to
such government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination
of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply
to assistance to promote democratic elections or public participation
in democratic processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.
transfer authority
Sec. 7009. (a) Department of State and Broadcasting Board of
Governors.--
(1) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between, and
merged with, such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 10 percent by any such transfers, and no such
transfer may be made to increase the appropriation under the
heading ``Representation Expenses''.
(2) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting
Board of Governors under title I of this Act may be transferred
between, and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers.
(3) Any transfer pursuant to this section shall be treated
as a reprogramming of funds under subsections (a) and (b) of
section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Export Financing Transfer Authorities.--Not to exceed 5 percent
of any appropriation other than for administrative expenses made
available for fiscal year 2016, for programs under title VI of this Act
may be transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of such
authority shall be subject to the regular notification procedures of
the Committees on Appropriations.
(c) Limitation on Transfers Between Agencies.--
(1) None of the funds made available under titles II
through V of this Act may be transferred to any department,
agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriations Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(3) Any agreement entered into by the United States Agency
for International Development (USAID) or the Department of
State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided, That the requirement
in the previous sentence shall not apply to agreements entered
into between USAID and the Department of State.
(d) Transfers Between Accounts.--None of the funds made available
under titles II through V of this Act may be obligated under an
appropriation account to which such funds were not appropriated, except
for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or prior
Acts, entered into between the Department of State or USAID and another
agency of the United States Government under the authority of section
632(a) of the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Inspector General
(IG) for the agency receiving the transfer or allocation of such funds,
or other entity with audit responsibility if the receiving agency does
not have an IG, shall perform periodic program and financial audits of
the use of such funds: Provided, That such audits shall be transmitted
to the Committees on Appropriations: Provided further, That funds
transferred under such authority may be made available for the cost of
such audits.
prohibition on first-class travel
Sec. 7010. None of the funds made available in this Act may be
used for first-class travel by employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act:
Provided, That funds appropriated for the purposes of chapters 1 and 8
of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the
Foreign Assistance Act of 1961, section 23 of the Arms Export Control
Act, and funds provided under the headings ``Development Credit
Authority'' and ``Assistance for Europe, Eurasia and Central Asia''
shall remain available for an additional 4 years from the date on which
the availability of such funds would otherwise have expired, if such
funds are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
for an additional 4 years from the date on which the availability of
such funds would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
the Secretary of State shall provide a report to the Committees on
Appropriations at the beginning of each fiscal year, detailing by
account and source year, the use of this authority during the previous
fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultations
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with this
requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
percent of the total taxes assessed during fiscal year 2016 on funds
appropriated by this Act by a foreign government or entity against
United States assistance programs for which funds are appropriated by
this Act, either directly or through grantees, contractors, and
subcontractors shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2017 and allocated for the
central government of such country and for the West Bank and Gaza
program to the extent that the Secretary of State certifies and reports
in writing to the Committees on Appropriations, not later than
September 30, 2017, that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for
each country or entity pursuant to subsection (b) shall be reprogrammed
for assistance for countries which do not assess taxes on United States
assistance or which have an effective arrangement that is providing
substantial reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible manner.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity if the Secretary of State reports to the
Committees on Appropriations that--
(A) such country or entity does not assess taxes on
United States assistance or has an effective
arrangement that is providing substantial reimbursement
of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
country or entity.
(f) Implementation.--The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section--
(1) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States
and the government of the country receiving assistance that
describes the privileges and immunities applicable to United
States foreign assistance for such country generally, or an
individual agreement between the Government of the United
States and such government that describes, among other things,
the treatment for tax purposes that will be accorded the United
States assistance provided under that agreement; and
(2) the term ``taxes and taxation'' shall include value
added taxes and customs duties but shall not include individual
income taxes assessed to local staff.
(h) Report.--The Secretary of State, in consultation with the heads
of other relevant departments or agencies, shall submit a report to the
Committees on Appropriations, not later than 90 days after the
enactment of this Act, detailing steps taken by such departments or
agencies to comply with the requirements of this section.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible
by operation of any provision of this or any other Act: Provided, That
any such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department of
State or the United States Agency for International Development (USAID)
that are specifically designated for particular programs or activities
by this or any other Act may be extended for an additional fiscal year
if the Secretary of State or the USAID Administrator, as appropriate,
determines and reports promptly to the Committees on Appropriations
that the termination of assistance to a country or a significant change
in circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability: Provided, That
such designated funds that continue to be available for an additional
fiscal year shall be obligated only for the purpose of such
designation.
(c) Other Acts.--Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent
Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated by this Act.
notification requirements
Sec. 7015. (a) Reprogramming of Funds.--None of the funds made
available in titles I and II of this Act, or in prior appropriations
Acts to the agencies and departments funded by this Act that remain
available for obligation or expenditure in fiscal year 2016, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees or of currency reflows or other offsetting
collections, or made available by transfer, to the agencies and
departments funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) closes or opens a mission or post;
(6) creates, closes, reorganizes, or renames bureaus,
centers, or offices;
(7) reorganizes programs or activities; or
(8) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds: Provided, That unless previously
justified to the Committees on Appropriations, the requirements of this
subsection shall apply to all obligations of funds appropriated under
titles I and II of this Act for paragraphs (1), (2), (5), and (6) of
this subsection.
(b) Limitation.--None of the funds provided under titles I and II
of this Act, or provided under previous appropriations Acts to the
agency or department funded under titles I and II of this Act that
remain available for obligation or expenditure in fiscal year 2016, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agency or department funded
under title I of this Act, shall be available for obligation or
expenditure for activities, programs, or projects through a
reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, activities, or projects as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``Peacekeeping
Operations'', ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'', ``Foreign Military
Financing Program'', ``International Military Education and Training'',
``Conflict Stabilization Operations'', and ``Peace Corps'', shall be
available for obligation for activities, programs, projects, type of
materiel assistance, countries, or other operations not justified or in
excess of the amount justified to the Committees on Appropriations for
obligation under any of these specific headings unless the Committees
on Appropriations are notified 15 days in advance: Provided, That the
President shall not enter into any commitment of funds appropriated for
the purposes of section 23 of the Arms Export Control Act for the
provision of major defense equipment, other than conventional
ammunition, or other major defense items defined to be aircraft, ships,
missiles, or combat vehicles, not previously justified to Congress or
20 percent in excess of the quantities justified to Congress unless the
Committees on Appropriations are notified 15 days in advance of such
commitment: Provided further, That requirements of this subsection or
any similar provision of this or any other Act shall not apply to any
reprogramming for an activity, program, or project for which funds are
appropriated under titles III through VI of this Act of less than 10
percent of the amount previously justified to Congress for obligation
for such activity, program, or project for the current fiscal year.
(d) Notification of Transfer of Funds.--Notwithstanding any other
provision of law, with the exception of funds transferred to, and
merged with, funds appropriated under title I of this Act, funds
transferred by the Department of Defense to the Department of State and
the United States Agency for International Development for assistance
for foreign countries and international organizations, and funds made
available for programs previously authorized under section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163) or section 2282 of title 10, United States Code, shall be
subject to the regular notification procedures of the Committees on
Appropriations.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if
failure to do so would pose a substantial risk to human health or
welfare: Provided, That in case of any such waiver, notification to
the Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable, in the context
of the circumstances necessitating such waiver: Provided further, That
any notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act shall be obligated
or expended for assistance for Afghanistan, Bahrain, Bolivia, Burma,
Cambodia, Cuba, Ecuador, Egypt, Ethiopia, Guatemala, Haiti, Honduras,
Iran, Iraq, Lebanon, Libya, Pakistan, the Russian Federation, Rwanda,
Serbia, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Uzbekistan,
Venezuela, Yemen, and Zimbabwe except as provided through the regular
notification procedures of the Committees on Appropriations.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as
other committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific countries
that would receive such excess defense articles: Provided further,
That such Committees shall also be informed of the original acquisition
cost of such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under titles I and III
through V of this Act, which are returned or not made available for
organizations and programs because of the implementation of section
307(a) of the Foreign Assistance Act of 1961 or section 7048(a) of this
Act, shall remain available for obligation until September 30, 2018:
Provided, That the requirement to withhold funds for programs in Burma
under section 307(a) of the Foreign Assistance Act of 1961 shall not
apply to funds appropriated by this Act.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations
Sec. 7019. (a) Report Tables.--Funds provided by this Act shall be
made available for programs and countries in the amounts specifically
designated in the report accompanying this Act, including such amounts
in the respective tables.
(b) Limited Deviation Authority.--For the purposes of implementing
this section and only with respect to the amounts for programs and
countries specifically designated in the tables in the report
accompanying this Act, the Secretary of State, the Administrator of the
United States Agency for International Development, and the
Broadcasting Board of Governors, as appropriate, may propose deviations
to the amounts referenced in subsection (a), subject to the regular
notification procedures of the Committees on Appropriations.
representation and entertainment expenses
Sec. 7020. (a) Uses of Funds.--Each Federal department, agency, or
entity funded in titles I or II of this Act, and the Department of the
Treasury and independent agencies funded in titles III or VI of this
Act, shall take steps to ensure that domestic and overseas
representation and entertainment expenses further official agency
business and United States foreign policy interests and are--
(1) primarily for fostering relations outside of the
Executive Branch;
(2) principally for meals and events of a protocol nature;
(3) not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) Limitations.--None of the funds appropriated or otherwise made
available by this Act under the headings ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' may be obligated or
expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available by titles III through VI of this Act
may be made available to any foreign government which provides
lethal military equipment to a country the government of which
the Secretary of State determines and reports to the Committees
on Appropriations supports international terrorism for purposes
of section 6(j) of the Export Administration Act of 1979 as
continued in effect pursuant to the International Emergency
Economic Powers Act: Provided, That the prohibition under this
section with respect to a foreign government shall terminate 12
months after the Secretary determines and reports to such
Committees that such government ceases to provide such military
equipment: Provided further, That this section applies with
respect to lethal military equipment provided under a contract
entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interests of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation
of the assistance to be provided, the estimated dollar amount
of such assistance, and an explanation of how the assistance
furthers United States national interests.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, shall not be made available to any
foreign government which the President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as
a terrorist organization under section 219 of the
Immigration and Nationality Act.
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver in
the Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the
Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672,
section 15 of the State Department Basic Authorities Act of 1956,
section 313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the following accounts: ``Economic Support
Fund'' and ``Foreign Military Financing Program'', ``program, project,
and activity'' shall also be considered to include country, regional,
and central program level funding within each such account; and for the
development assistance accounts of the United States Agency for
International Development, ``program, project, and activity'' shall
also be considered to include central, country, regional, and program
level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the
Export-Import Bank and the Overseas Private Investment Corporation
shall be obligated or expended to finance any loan, any assistance, or
any other financial commitments for establishing or expanding
production of any commodity for export by any country other than the
United States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is expected to
become operative and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the Export-Import
Bank if in the judgment of its Board of Directors the benefits to
industry and employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the Committees on
Appropriations: Provided further, That this subsection shall not
prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
(c) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive directors of the
international financial institutions, as defined in section 7034(r)(3)
of this Act, to use the voice and vote of the United States to oppose
any assistance by such institutions, using funds appropriated or made
available by this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world markets
and if the assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development (USAID) shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(5) Reporting requirement.--The USAID Administrator shall
report on an annual basis as part of the justification
documents submitted to the Committees on Appropriations on the
use of local currencies for the administrative requirements of
the United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of local
currency (and United States dollar equivalent) used or to be
used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of
1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2016, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the Food
for Peace Act (Public Law 83-480): Provided, That none of the funds
appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for Local
Entities.--Funds appropriated by this Act that are made available to
the United States Agency for International Development (USAID) may only
be made available for limited competitions through local entities if--
(1) prior to the determination to limit competition to
local entities, USAID has--
(A) assessed the level of local capacity to
effectively implement, manage, and account for programs
included in such competition; and
(B) documented the written results of the
assessment and decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been
determined to be responsible in accordance with USAID
guidelines; and
(B) effective monitoring and evaluation systems are
in place to ensure that award funding is used for its
intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) Reporting Requirement.--In addition to the requirements of
paragraph (1), the USAID Administrator shall report, on an annual
basis, to the appropriate congressional committees on all awards
subject to limited or no competition for local entities: Provided,
That such report should be posted on the USAID Web site: Provided
further, That the requirements of this subsection shall only apply to
awards in excess of $3,000,000 and sole source awards to local entities
in excess of $2,000,000.
(c) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
continue in effect during fiscal year 2016, as amended by the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
international financial institutions
Sec. 7029. (a) Evaluations and Report.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to seek to require that such
institution adopts and implements a publicly available policy,
including the strategic use of peer reviews and external experts, to
conduct independent, in-depth evaluations of the effectiveness of at
least 25 percent of all loans, grants, programs, and significant
analytical non-lending activities in advancing the institution's goals
of reducing poverty and promoting equitable economic growth, consistent
with relevant safeguards, to ensure that decisions to support such
loans, grants, programs, and activities are based on accurate data and
objective analysis: Provided, That not later than 180 days after
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations on steps taken by the United States
executive directors and the international financial institutions
consistent with this subsection.
(b) Safeguards.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Bank for
Reconstruction and Development and the International Development
Association to vote against any loan, grant, policy, or strategy if
such institution has adopted and is implementing any social or
environmental safeguard relevant to such loan, grant, policy, or
strategy that provides less protection than World Bank safeguards in
effect on September 30, 2015.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, or while any alternate
United States executive director to such institution is compensated by
the institution at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to seek to require that such institution conducts rigorous
human rights due diligence and human rights risk management, as
appropriate, in connection with any loan, grant, policy, or strategy of
such institution: Provided, That prior to voting on any such loan,
grant, policy, or strategy the executive director shall consult with
the Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, if the executive director has reason to believe
that such loan, grant, policy, or strategy could result in forced
displacement or other violation of human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to promote in loan, grant, and other financing
agreements improvements in borrowing countries' financial management
and judicial capacity to investigate, prosecute, and punish fraud and
corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to seek to require that such
institution collects, verifies, and publishes, to the maximum extent
practicable, beneficial ownership information (excluding proprietary
information) for any corporation or limited liability company, other
than a publicly listed company, that receives funds appropriated by
this Act that are provided as payment to such institution: Provided,
That not later than 180 days after enactment of this Act, the Secretary
shall submit a report to the Committees on Appropriations on steps
taken by the United States executive directors and the international
financial institutions consistent with this subsection.
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to seek to require that each such institution is
effectively implementing and enforcing policies and procedures which
reflect best practices for the protection of whistleblowers from
retaliation, including best practices for--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven
retaliation.
debt-for-development
Sec. 7030. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if--
(A)(i) each implementing agency or ministry to
receive assistance has been assessed and is considered
to have the systems required to manage such assistance
and any identified vulnerabilities or weaknesses of
such agency or ministry have been addressed;
(ii) the recipient agency or ministry employs and
utilizes staff with the necessary technical, financial,
and management capabilities;
(iii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iv) effective monitoring and evaluation systems
are in place to ensure that such assistance is used for
its intended purposes;
(v) no level of acceptable fraud is assumed; and
(vi) the government of the recipient country is
taking steps to publicly disclose on an annual basis
its national budget, to include income and
expenditures;
(B) the recipient government is in compliance with
the principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed
or controlled by an organization designated as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act;
(D) the Government of the United States and the
government of the recipient country have agreed, in
writing, on clear and achievable objectives for the use
of such assistance, which should be made available on a
cost-reimbursable basis; and
(E) the recipient government is taking steps to
protect the rights of civil society, including freedoms
of expression, association, and assembly.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), no funds may be made available
for direct government-to-government assistance without prior
consultation with, and notification of, the Committees on
Appropriations: Provided, That such notification shall contain
an explanation of how the proposed activity meets the
requirements of paragraph (1): Provided further, That the
requirements of this paragraph shall only apply to direct
government-to-government assistance in excess of $10,000,000
and all funds available for cash transfer, budget support, and
cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the
United States Agency for International Development (USAID) or
the Secretary of State, as appropriate, shall suspend any
direct government-to-government assistance if the Administrator
or the Secretary has credible information of material misuse of
such assistance, unless the Administrator or the Secretary
reports to the Committees on Appropriations that it is in the
national interest of the United States to continue such
assistance, including a justification, or that such misuse has
been appropriately addressed.
(4) Submission of information.--The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2017 congressional budget justification
materials, amounts planned for assistance described in
paragraph (1) by country, proposed funding amount, source of
funds, and type of assistance.
(5) Report.--Not later than 90 days after the enactment of
this Act and 6 months thereafter until September 30, 2016, the
USAID Administrator shall submit to the Committees on
Appropriations a report that--
(A) details all assistance described in paragraph
(1) provided during the previous 6-month period by
country, funding amount, source of funds, and type of
such assistance; and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
(6) Debt service payment prohibition.--None of the funds
made available by this Act may be used for any foreign country
for debt service payments owed by any country to any
international financial institution: Provided, That for
purposes of this paragraph, the term ``international financial
institution'' has the meaning given the term in section
7034(r)(3) of this Act.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen the
``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Definition.--For purposes of paragraph (1), ``minimum
requirements of fiscal transparency'' are requirements
consistent with those in subsection (a)(1), and the public
disclosure of national budget documentation (to include
receipts and expenditures by ministry) and government contracts
and licenses for natural resource extraction (to include
bidding and concession allocation practices).
(3) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall make
or update any determination of ``significant progress'' or ``no
significant progress'' in meeting the minimum requirements of
fiscal transparency, and make such determinations publicly
available in an annual ``Fiscal Transparency Report'' to be
posted on the Department of State Web site: Provided, That the
Secretary shall identify the significant progress made by each
such government to publicly disclose national budget
documentation, contracts, and licenses which are additional to
such information disclosed in previous fiscal years, and
include specific recommendations of short- and long-term steps
such government should take to improve fiscal transparency:
Provided further, That the annual report shall include a
detailed description of how funds appropriated by this Act are
being used to improve fiscal transparency, and identify
benchmarks for measuring progress.
(4) Assistance.--Funds appropriated under title III of this
Act shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency: Provided, That such sums shall be in addition to
funds otherwise made available for such purposes: Provided
further, That a description of the uses of such funds shall be
included in the annual ``Fiscal Transparency Report'' required
by paragraph (3).
(c) Anti-Kleptocracy and Human Rights.--
(1)(A) Ineligibility.--Officials of foreign governments and
their immediate family members about whom the Secretary of
State has credible information have been involved in
significant corruption, including corruption related to the
extraction of natural resources, or a gross violation of human
rights shall be ineligible for entry into the United States.
(B) The Secretary may also publicly or privately designate
or identify officials of foreign governments and their
immediate family members about whom the Secretary has such
credible information without regard to whether the individual
has applied for a visa.
(2) Exception.--Individuals shall not be ineligible if
entry into the United States would further important United
States law enforcement objectives or is necessary to permit the
United States to fulfill its obligations under the United
Nations Headquarters Agreement: Provided, That nothing in
paragraph (1) shall be construed to derogate from United States
Government obligations under applicable international
agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed
sufficiently.
(4) Report.--Not later than 6 months after enactment of
this Act, the Secretary of State shall submit a report,
including a classified annex if necessary, to the Committees on
Appropriations and the Committees on the Judiciary describing
the information related to corruption or violation of human
rights concerning each of the individuals found ineligible in
the previous 12 months pursuant to paragraph (1)(A) as well as
the individuals who the Secretary designated or identified
pursuant to paragraph (1)(B), or who would be ineligible but
for the application of paragraph (2), a list of any waivers
provided under paragraph (3), and the justification for each
waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State Web site.
(6) Clarification.--For purposes of paragraphs (1)(B), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States pertaining
to the issuance or refusal of visas or permits to enter the
United States shall not be considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246; 122 Stat. 2052) and to prevent the sale of
conflict diamonds, and provide technical assistance to promote
independent audit mechanisms and support civil society
participation in natural resource management.
(2) United states policy.--
(A) The Secretary of the Treasury shall inform the
management of the international financial institutions,
and post on the Department of the Treasury Web site,
that it is the policy of the United States to vote
against any assistance by such institutions (including
any loan, credit, grant, or guarantee) for the
extraction and export of a natural resource if the
government of the country has in place laws,
regulations, or procedures to prevent or limit the
public disclosure of company payments as required by
section 1504 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Public Law 111-203; 124 Stat.
2220), and unless such government has adopted laws,
regulations, or procedures in the sector in which
assistance is being considered for--
(i) accurately accounting for and public
disclosure of payments to the host government
by companies involved in the extraction and
export of natural resources;
(ii) the independent auditing of accounts
receiving such payments and public disclosure
of the findings of such audits; and
(iii) public disclosure of such documents
as Host Government Agreements, Concession
Agreements, and bidding documents, allowing in
any such dissemination or disclosure for the
redaction of, or exceptions for, information
that is commercially proprietary or that would
create competitive disadvantage.
(B) The requirements of subparagraph (A) shall not
apply to assistance for the purpose of building the
capacity of such government to meet the requirements of
this subparagraph.
(e) Foreign Assistance Web Site.--Funds appropriated by this Act
under titles I and II, and funds made available for any independent
agency in title III, as appropriate, may be made available to support
the provision of additional information on United States Government
foreign assistance on the Department of State foreign assistance Web
site: Provided, That all Federal agencies funded under this Act shall
provide such information on foreign assistance, upon request, to the
Department of State.
democracy programs
Sec. 7032. (a) Funding.--
(1) Of the funds appropriated by this Act in titles III,
IV, and V, not less than $2,308,517,000 shall be made available
for democracy programs, of which amounts shall be allocated as
follows--
(A) not less than $312,963,000 for Africa;
(B) not less than $157,423,000 for the East Asia
and the Pacific region;
(C) not less than $193,244,000 for Europe and
Eurasia;
(D) not less than $409,316,000 for the Near East
region;
(E) not less than $627,944,000 for South and
Central Asia; and
(F) not less than $480,526,000 for the Western
Hemisphere.
(2) Of the funds appropriated by this Act not less than
$25,000,000 shall be made available for democracy programs in
countries experiencing political, ethnic, racial, religious, or
other instability or conflict, or emerging from conflict,
including Sri Lanka and Nepal, which shall be administered by
the United States chief of mission in such countries:
Provided, That the Secretary of State shall consult with the
Committees on Appropriations prior to obligating funds for such
purpose.
(b) Authority.--Funds made available by this Act for democracy
programs may be made available notwithstanding any other provision of
law, and with regard to the National Endowment for Democracy (NED), any
regulation.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and religion,
human rights, labor rights, independent media, and the rule of law, and
that otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states, and
institutions that are responsive and accountable to citizens.
(d) Restriction on Prior Approval.--With respect to the provision
of assistance for democracy programs in this Act, the organizations
implementing such assistance, the specific nature of that assistance,
and the participants in such programs shall not be subject to the prior
approval by the government of any foreign country: Provided, That the
Secretary of State, in coordination with the Administrator of the
United States Agency for International Development (USAID), shall
report to the Committees on Appropriations, not later than 120 days
after enactment of this Act, detailing steps taken by the Department of
State and USAID to comply with the requirements of this subsection.
(e) Prioritization of Funding Mechanisms.--Democracy programs
implemented by funds made available by this Act shall be designed to
have grants and cooperative agreements as the primary delivery
mechanisms for such programs: Provided, That not later than 60 days
after enactment of this Act, the Secretary of State and USAID
Administrator shall each submit a report to the Committees on
Appropriations detailing the steps to be taken by the Department of
State and USAID to comply with the requirements of this subsection:
Provided further, That for contracts to be used to implement such
programs with funds made available by this Act that exceed $1,000,000,
the Secretary of State and USAID Administrator, as appropriate, shall
submit to the Committees on Appropriations a justification for the use
of such mechanisms on a case-by-case basis and before Requests for
Proposals are released.
(f) Reports.--
(1) Policy implementation.--The Secretary of State and
USAID Administrator shall develop and establish revised
guidelines on the uses of grants and cooperative agreements for
democracy programs, in accordance with the objectives of
promoting resilient, open, and democratic societies in the
Quadrennial Diplomacy and Development Review, 2015, and the
foreign policy objectives in the ADVANCE Democracy Act of 2007
(title XXI of Public Law 110-53; 22 U.S.C. 8202): Provided,
That the Secretary and USAID Administrator shall consult with
democracy program implementers in establishing such guidelines,
and shall each submit such guidelines to the appropriate
congressional committees once established.
(2) Training.--Not later than 90 days after enactment of
this Act, the Secretary of State shall update and submit to the
Committees on Appropriations the report required by section
2141(c) of the ADVANCE Democracy Act of 2007 (title XXI of
Public Law 110-53; 22 U.S.C. 8241): Provided, That such report
shall also include the total number of democracy and human
rights officers, including Democracy Liaison Officers and other
positions with responsibility for democracy and human rights
related issues and programs, at the Department of State and
USAID for calendar years 2013, 2014, and 2015.
(g) Nondemocratic and Democratic Transitioning Countries.--
(1) Democracy strategic reviews and assessments.--Prior to
the obligation of funds made available for Department of State
and USAID democracy programs in a nondemocratic or democratic
transitioning country, the Under Secretary for Civilian
Security, Democracy and Human Rights, Department of State, in
consultation with other relevant officials at the Department of
State and USAID, including the Director of the Center of
Excellence on Democracy, Human Rights, and Governance, USAID,
shall review and assess the annual country strategy required by
section 2111(c)(1) of the ADVANCE Democracy Act of 2007 (title
XXI of Public Law 110-53; 22 U.S.C. 8211), and submit a report
to the Committees on Appropriations describing--
(A) the goals and objectives of such program,
including a timeline for achieving results, and any
modification proposed as a result of the review and
assessment;
(B) the political and social conditions in such
country that may impact the promotion of democracy;
(C) the assessed risks to intended beneficiaries of
such program;
(D) the assessed risks to implementers in the
conduct of such program, to be developed in
consultation with implementers and other United States
Government agencies, as appropriate; and
(E) the funding requirements of initiating and
sustaining such program in fiscal year 2016 and
subsequent fiscal years.
(2) Definition.--For the purposes of the subsection the
term ``nondemocratic or democratic transitioning country''
shall have the same meaning as in section 2104(6) of the
ADVANCE Democracy Act of 2007 (title XXI of Public Law 110-53;
22 U.S.C. 8203).
(h) Consultation and Communication Requirements.--
(1) Change in allocation of foreign assistance.--The Deputy
Secretary for Management and Resources, Department of State,
shall consult with the Under Secretary for Civilian Security,
Democracy and Human Rights, Department of State, and the
Director of the Center of Excellence on Democracy, Human
Rights, and Governance, USAID, on the proposed funding level
for democracy programs submitted to Congress pursuant to
section 653(a) of the Foreign Assistance Act of 1961.
(2) Informing the national endowment for democracy.--The
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID, shall
regularly inform the National Endowment for Democracy of
democracy programs that are planned and supported by funds made
available by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related
programs.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office and Special
Envoy to Promote Religious Freedom.--Of the funds appropriated by this
Act under the heading ``Diplomatic and Consular Programs'', not less
than $5,000,000 shall be made available for the Office of the
Ambassador-at-Large for International Religious Freedom, and not less
than $1,000,000 shall be made available for the Special Envoy to
Promote Religious Freedom in the Near East and South Central Asia,
including for support staff.
(b) Assistance.--
(1) International religious freedom programs.--Of the funds
appropriated by this Act under the heading ``Democracy Fund''
and available for the Human Rights and Democracy Fund (HRDF),
not less than $10,000,000 shall be made available for
international religious freedom programs: Provided, That the
Ambassador-at-Large for International Religious Freedom shall
consult with the Committees on Appropriations on the uses of
such funds.
(2) Protection and investigation programs.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $10,000,000 shall be made available for
programs to protect vulnerable and persecuted religious
minorities: Provided, That a portion of such funds shall be
made available for programs to investigate the persecution of
such minorities by governments and non-state entities and for
the public dissemination of information collected on such
persecution, including on the Department of State Web site.
(3) Humanitarian and relief programs.--Funds appropriated
by this Act under the headings ``International Disaster
Assistance'' and ``Migration and Refugee Assistance'' shall be
made available for humanitarian and relief assistance for
vulnerable and persecuted religious minorities.
(4) Responsibility of funds.--Funds made available by
paragraphs (1) and (2) shall be the responsibility of the
Ambassador-at-Large for International Religious Freedom, in
consultation with other relevant United States Government
officials.
(c) International Broadcasting.--Funds appropriated by this Act
under the heading ``Broadcasting Board of Governors, International
Broadcasting Operations'' shall be made available for programs related
to international religious freedom, including reporting on the plight
of vulnerable and persecuted religious groups.
(d) Genocide Determination.--Not later than 90 days after enactment
of this Act, the Secretary of State, in consultation with the heads of
other relevant United States Government agencies and representatives
from United States civil society, shall submit to the appropriate
congressional committees determinations on whether the ongoing violence
against Christians in the Middle East by Islamic extremists or against
the Rohingya people in Burma by Buddhist extremists constitutes
genocide, as defined in section 1091 of title 18, United States Code:
Provided, That if the Secretary of State makes a determination that
such violence constitutes genocide, the Secretary shall concurrently
submit to the appropriate congressional committees a strategy for
addressing such genocide.
(e) Designation of Non-State Entities.--The President shall,
concurrent with the annual review required by section 402(b)(1) of the
International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)),
identify any non-state entities that have engaged in significant
violations of religious freedom, and designate each such entity as a
non-state entity of particular concern for religious freedom:
Provided, That whenever the President designates a non-state entity as
a non-state entity of particular concern for religious freedom under
this paragraph, the President shall, as soon as practicable after the
designation is made, submit a report to the appropriate congressional
committees detailing the reasons for such designation.
(f) Report.--Not later than September 30, 2016, the Secretary of
State, in consultation with the Broadcasting Board of Governors and the
Administrator of the United States Agency for International
Development, shall submit a report to the appropriate congressional
committees detailing, by account, agency, and on a country-by-country
basis, funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs for the previous 5 fiscal years for international
religious freedom programs; protection and investigation programs
regarding vulnerable and persecuted religious minorities; humanitarian
and relief assistance for such minorities; and international
broadcasting regarding religious freedom.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in titles III and VI of this Act that are
made available for victims of war, displaced children, displaced
Burmese, and to combat trafficking in persons and assist victims of
such trafficking, may be made available notwithstanding any other
provision of law.
(b) Law Enforcement and Security.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations that
include child soldiers.
(2) Crowd control items.--Funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries
undergoing democratic transition.
(3) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J of
Public Law 113-235) shall continue in effect during fiscal year
2016 as if part of this Act.
(4) Forensic assistance.--Of the funds appropriated by this
Act under the heading ``International Narcotics Control and Law
Enforcement'', not less than $4,000,000 shall be made available
for forensic assistance relating to the exhumation of mass
graves and identification of victims of war crimes and crimes
against humanity, including in Sri Lanka, Central America,
Peru, Colombia, and Africa, which shall be administered by the
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State.
(5) International prisons conditions.--Section 7065 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235)
shall continue in effect during fiscal year 2016 as if part of
this Act.
(6) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(7) Security assistance report.--Not later than 120 days
after enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on funds
obligated and expended during fiscal year 2015, by country and
purpose of assistance, under the headings ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'' (for Anti-
terrorism Programs), ``Peacekeeping Operations'',
``International Military Education and Training'', and
``Foreign Military Financing Program'', as well as excess
defense articles provided.
(8) Leahy vetting report.--(A) Not later than 90 days after
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees on foreign
assistance cases submitted for vetting for purposes of section
620M of the Foreign Assistance Act of 1961 during the preceding
fiscal year, including:
(i) the total number of cases submitted, approved,
suspended, or rejected for human rights reasons; and
(ii) for cases rejected for human rights reasons, a
description of the steps taken to encourage and assist
a foreign government in bringing such individuals
responsible to justice, in accordance with section
620M(c) of the Foreign Assistance Act of 1961.
(B) The report required by this paragraph shall be
submitted in unclassified form, but may be accompanied by a
classified annex.
(9) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign Assistance
Act of 1961, the term ``military training provided to foreign
military personnel by the Department of Defense and the
Department of State'' shall be deemed to include all military
training provided by foreign governments with funds
appropriated to the Department of Defense or the Department of
State, except for training provided by the government of a
country designated by section 517(b) of such Act as a major
non-NATO ally, excluding Egypt.
(c) World Food Programme.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States Agency
for International Development (USAID), from this or any other Act, may
be made available as a general contribution to the World Food
Programme, notwithstanding any other provision of law.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union as authorized by the Soviet-
Eastern European Research and Training Act of 1983 (22 U.S.C.
4501 et seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
under the headings ``Economic Support Fund'' and ``Assistance
for Europe, Eurasia and Central Asia'' may be made available as
contributions to establish and maintain memorial sites of
genocide, subject to the regular notification procedures of the
Committees on Appropriations.
(3) Additional authorities.--Of the amounts made available
by title I of this Act under the heading ``Diplomatic and
Consular Programs'', up to $500,000 may be made available for
grants pursuant to section 504 of Public Law 95-426 (22 U.S.C.
2656d), including to facilitate collaboration with indigenous
communities, and up to $1,000,000 may be made available for
grants to carry out the activities of the Cultural Antiquities
Task Force.
(4) Extension of legal protection.--Section
7041(a)(2)(C)(ii) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall continue in effect
during fiscal year 2016 and thereafter as if part of this Act.
(5) Conditions on authority.--The authorities provided for
under the headings ``Program Account'', ``Administrative
Expenses'', and ``Receipts Collected'' for the Export-Import
Bank of the United States under title VI of this Act shall not
be construed or interpreted to extend the date specified in
section 7 of the Export-Import Bank Act of 1945 (Public Law 79-
173).
(6) Modification of life insurance supplemental applicable
to those killed in terrorist attacks.--
(A) Section 415(a) of the Foreign Service Act of
1980 (22 U.S.C. 3975(a)) is amended by striking ``a
payment from the United States in an amount that, when
added to the amount of the employee's employer-provided
group life insurance policy coverage (if any), equals
$400,000'' and inserting ``a special payment of
$400,000, which shall be in addition to any employer
provided life insurance policy coverage''.
(B) The insurance benefit under section 415 of the
Foreign Service Act of 1980 (22 U.S.C. 3975), as
amended by subparagraph (A), shall be applicable to
eligible employees who die as a result of injuries
sustained while on duty abroad because of an act of
terrorism, as defined in section 140(d) of the Foreign
Relations Authorization Act, Fiscal Years 1998 and 1999
(22 U.S.C. 2656f(d)), anytime on or after April 18,
1983.
(7) Authority.--Funds appropriated by this Act may be made
available in accordance with section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980, except that foreign citizens
and foreign private entities may be eligible notwithstanding
section 24(g)(3) of such Act.
(e) Partner Vetting.--Funds appropriated by this Act or in titles I
through IV of prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be used by the
Secretary of State and the USAID Administrator, as appropriate, to
support the continued implementation of the Partner Vetting System
(PVS) pilot program: Provided, That the Secretary of State and the
USAID Administrator shall jointly submit a report to the Committees on
Appropriations, not later than 30 days after completion of the pilot
program, on the estimated timeline and criteria for evaluating the PVS
pilot program for possible expansion: Provided further, That such
report shall include the requirements specified in the report
accompanying this Act: Provided further, That after completion of the
pilot program the Department of State and USAID may not proceed with
implementation of a PVS program until the Secretary of State and USAID
Administrator, following the submission of the report required by the
previous proviso, consult with the Committees on Appropriations on the
results and findings of the pilot program, and review such results and
findings with appropriate representatives from civil society.
(f) Contingencies.--During fiscal year 2016, the President may use
up to $150,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(g) International Child Abductions.--The Secretary of State should
withhold funds appropriated under title III of this Act for assistance
for the central government of any country that is not taking
appropriate steps to comply with the Convention on the Civil Aspects of
International Child Abductions, done at the Hague on October 25, 1980:
Provided, That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(h) Reports Repealed.--Section 10(b) of Public Law 109-446; section
4 of Public Law 107-243; section 616(c) of Public Law 105-277; section
620C(c) of Public Law 87-195; and section 303 of title 22, United
States Code, are hereby repealed.
(i) Transfers for Extraordinary Protection.--The Secretary of State
may transfer to, and merge with, funds under the heading ``Protection
of Foreign Missions and Officials'' unobligated balances of expired
funds appropriated under the heading ``Diplomatic and Consular
Programs'' for fiscal year 2016, except for funds designated 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, at no later than the end of the fifth fiscal year
after the last fiscal year for which such funds are available for the
purposes for which appropriated: Provided, That not more than
$50,000,000 may be transferred.
(j) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--Section 7034(k) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235) shall continue in effect during
fiscal year 2016 as if part of this Act.
(k) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of
June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by
substituting ``September 30, 2016'' for ``September 30, 2010''.
(2) Accountability review boards.--The authority provided
by section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain
in effect for facilities in Afghanistan through September 30,
2016, except that the notification and reporting requirements
contained in such section shall include the Committees on
Appropriations.
(3) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September
30, 2016.
(4) Foreign service officer annuitant waiver.--Section
824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g))
shall be applied by substituting ``September 30, 2016'' for
``October 1, 2010'' in paragraph (2).
(5) Department of state civil service annuitant waiver.--
Section 61(a) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2733(a)) shall be applied by substituting
``September 30, 2016'' for ``October 1, 2010'' in paragraph
(2).
(6) USAID civil service annuitant waiver.--Section
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)) shall be applied by substituting ``September 30,
2016'' for ``October 1, 2010'' in subparagraph (B).
(7) Overseas pay comparability and limitation.--(A) Subject
to the limitation described in subparagraph (B), the authority
provided by section 1113 of the Supplemental Appropriations
Act, 2009 (Public Law 111-32; 123 Stat. 1904) shall remain in
effect through September 30, 2016.
(B) The authority described in subparagraph (A) may not be
used to pay an eligible member of the Foreign Service (as
defined in section 1113(b) of the Supplemental Appropriations
Act, 2009) a locality-based comparability payment (stated as a
percentage) that exceeds two-thirds of the amount of the
locality-based comparability payment (stated as a percentage)
that would be payable to such member under section 5304 of
title 5, United States Code, if such member's official duty
station were in the District of Columbia.
(8) Alien status.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(A) In section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and
2015'' and inserting ``2015, and 2016''; and
(ii) in subsection (e), by striking
``2015'' each place it appears and inserting
``2016''; and
(B) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2015'' and inserting
``2016''.
(9) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental Appropriations
Act, 2010 (Public Law 111-212) shall remain in effect through
September 30, 2016.
(l) Department of State Working Capital Fund.--Funds appropriated
by this Act or otherwise made available to the Department of State for
payments to the Working Capital Fund may only be used for the
activities and in the amounts justified in the President's fiscal year
2016 budget: Provided, That Federal agency components shall be charged
only for their direct usage of each Working Capital Fund service:
Provided further, That Federal agency components may only pay for
Working Capital Fund services that are consistent with the component's
purpose and authorities: Provided further, That the Working Capital
Fund shall be paid in advance or reimbursed at rates which will return
the full cost of each service.
(m) Humanitarian Assistance.--Funds appropriated by this Act that
are available for monitoring and evaluation of assistance under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall, as appropriate, be made available for the
regular collection of feedback obtained directly from beneficiaries on
the quality and relevance of such assistance: Provided, That the
Department of State and USAID shall conduct regular oversight to ensure
that such feedback is collected and used by implementing partners to
maximize the cost-effectiveness and utility of such assistance, and
require such partners that receive funds under such headings to
establish procedures for collecting and responding to such feedback.
(n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-477) may be made available for
pharmaceuticals and other products for child survival, malaria, and
tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other
products, subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2005 (Public Law 108-477) shall be exercised by the Assistant
Administrator for Global Health, USAID, with respect to funds deposited
for such non-HIV/AIDS pharmaceuticals and other products, and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State shall
include in the congressional budget justification an accounting of
budgetary resources, disbursements, balances, and reimbursements
related to such fund.
(o) Loan Guarantees and Enterprise Funds.--
(1) Loan guarantees.--Funds appropriated under the heading
``Economic Support Fund'' only in title III of this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be made available
for the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of loan guarantees for Jordan, Ukraine, and
Tunisia, which are authorized to be provided: Provided, That
amounts made available under this paragraph for the costs of
such guarantees shall not be considered assistance for the
purposes of provisions of law limiting assistance to a country.
(2) Enterprise funds.--Funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available to
establish and operate one or more enterprise funds for Egypt
and Tunisia, notwithstanding any other provision of law, and
following consultation with the Committees on Appropriations:
Provided, That the first, third and fifth provisos under
section 7041(b) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2012 (division I of
Public Law 112-74) shall apply to funds appropriated by this
Act under the heading ``Economic Support Fund'' for an
enterprise fund or funds to the same extent and in the same
manner as such provision of law applied to funds made available
under such section (except that the clause excluding subsection
(d)(3) of section 201 of the SEED Act shall not apply):
Provided further, That the authority of any such enterprise
fund or funds to provide assistance shall cease to be effective
on December 31, 2026.
(3) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(p) Assessment of Indirect Costs.--Not later than 90 days after
enactment of this Act and following consultation with the Committees on
Appropriations, the Secretary of State and the Administrator of the
United States Agency for International Development (USAID) shall submit
to such Committees an assessment of the effectiveness of current
policies and procedures in ensuring that payments for indirect costs,
including for negotiated indirect cost rate agreements (NICRA), are
reasonable and comply with the Federal Acquisition Regulations (FAR),
as applicable, and title 2, part 200 of the Code of Federal Regulations
(CFR); an assessment of potential benefits of setting a cap on such
indirect costs to ensure the cost-effective use of appropriated funds;
a plan to revise such policies and procedures to comply with the FAR
and CFR and ensure that indirect costs are reasonable; and a timeline
for implementing such plan.
(q) Small Grants and Entities.--(1) Of the funds appropriated by
this Act under the headings ``Development Assistance'' and ``Economic
Support Fund'', not less than $45,000,000 shall be made available to
conduct, and pursuant to the authorities of, the Small Grants Program
established by section 7080 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015 (division J
of Public Law 113-235), which may remain available until September 30,
2020.
(2) Not later than 45 days after enactment of this Act, the
Administrator of the United States Agency for International Development
(USAID) shall post on the USAID Web site detailed information
describing the process by which small nongovernmental organizations,
educational institutions, and other small entities seeking funding from
USAID for unsolicited proposals through grants, cooperative agreements,
and other assistance mechanism and agreements, can apply for such
funding: Provided, That the USAID Administrator should ensure that
each bureau, office, and overseas mission has authority to approve, and
sufficient funds to implement, such grants or other agreements that
meet appropriate criteria for unsolicited proposals.
(3) Section 7080 of Public Law 113-235 is amended as follows:
(A) in subsections (b) and (c), strike ``Grants'', and
insert ``Awards'';
(B) in subsection (c)(1), delete ``or'' after
``proposals;'';
(C) in subsection (c)(2) delete the period after
``process'', and insert ``; or'';
(D) after subsection (c)(2), insert ``(3) as otherwise
allowable under Federal Acquisition Regulations and USAID
procurement policies.''; and
(E) in subsection (e)(3), strike ``12'', and insert ``20'',
and strike ``administrative and oversight expenses associated
with managing'' and insert ``administrative expenses, and other
necessary support associated with managing and strengthening''.
(4) For the purposes of section 7080 of Public Law 113-235,
``eligible entities'' shall be defined as small local, international,
and United States-based nongovernmental organizations, educational
institutions, and other small entities that have received less than a
total of $5,000,000 in USAID funding over the previous five years:
Provided, That departments or centers of such educational institutions
may be considered individually in determining such eligibility.
(r) Definitions.--
(1) Unless otherwise defined in this Act, for purposes of
this Act the term ``appropriate congressional committees''
shall mean the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropriations
and Foreign Affairs of the House of Representatives.
(2) Unless otherwise defined in this Act, for purposes of
this Act the term ``funds appropriated in this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs'' shall mean funds that remain
available for obligation, and have not expired.
(3) For the purposes of this Act ``international financial
institutions'' shall mean the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Asian Development Fund, the Inter-
American Investment Corporation, the North American Development
Bank, the European Bank for Reconstruction and Development, the
African Development Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(4) For purposes of this Act, the term ``countering violent
extremism'' shall be defined as non-coercive interventions
aimed directly at reducing public support for non-state
entities that engage in terrorist activities.
(5) For purposes of this Act, the term ``best practices''
for the protection of whistleblowers means practices that are
implemented consistent with terms specified in international
conventions or adopted by international organizations such as
the Organization of Economic Cooperation and Development and
the Organization of American States.
(6) Any reference to Southern Kordofan in this or any other
Act making appropriations for the Department of State, foreign
operations, and related programs shall be deemed to include
portions of Western Kordofan that were previously part of
Southern Kordofan prior to the 2013 division of Southern
Kordofan.
arab league boycott of israel
Sec. 7035. It is the sense of Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of Israel
and find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through
measures including the establishment of demilitarized
zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the
Palestinian Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II through
VI of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza and
Jericho or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional space for
the existing Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States and
officials of the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United States
Government business with such authority should continue to take place
in locations other than Jerusalem: Provided further, That as has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects with
Palestinians (including those who now occupy positions in the
Palestinian Authority), have social contacts, and have incidental
discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2016, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to
be involved in, or advocating terrorist activity or determined to be a
member of a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been established for
security assistance for the West Bank and Gaza and reports on
the extent of Palestinian compliance with such benchmarks.
(d) Audits by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act up to $500,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds are
in addition to funds otherwise available for such purposes.
(e) Comptroller General of the United States Audit.--Subsequent to
the certification specified in subsection (a), the Comptroller General
of the United States shall conduct an audit and an investigation of the
treatment, handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash transfer
assistance, in fiscal year 2016 under the heading ``Economic Support
Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
(g) Report.--Not later than 180 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of chapter
2 of title II of the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law
109-13).
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll, and the Palestinian
Authority is acting to counter incitement of violence against Israelis
and is supporting activities aimed at promoting peace, coexistence, and
security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with Hamas
and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446)
with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for the Government of
Egypt may only be made available if the Secretary of State
certifies and reports to the Committees on Appropriations that
such government is--
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-
Israel Peace Treaty.
(2) Economic support fund.--
(A) Funding and limitation.--Of the funds
appropriated by this Act under the heading ``Economic
Support Fund'', up to $150,000,000 may be made
available for assistance for Egypt, of which not less
than $35,000,000 should be made available for higher
education programs including not less than $10,000,000
for scholarships at not-for-profit institutions for
Egyptian students with high financial needs: Provided,
That such funds may be made available for education and
economic growth programs notwithstanding any provision
of law restricting assistance for Egypt, and following
prior consultation with the Committees on
Appropriations: Provided further, That such funds may
not be made available for cash transfer assistance or
budget support unless the Secretary of State certifies
and reports to the appropriate congressional committees
that the Government of Egypt is taking consistent and
effective steps to stabilize the economy and implement
market-based economic reforms.
(B) Withholding.--The Secretary of State shall
withhold from obligation an amount of such funds that
the Secretary determines to be equivalent to that
expended by the United States Government for bail, and
by nongovernmental organizations for legal and court
fees, associated with democracy-related trials in Egypt
until the Secretary certifies and reports to the
Committees on Appropriations that the Government of
Egypt has dismissed the convictions issued by the Cairo
Criminal Court on June 4, 2013, in ``Public Prosecution
Case No. 1110 for the Year 2012.''
(3) Foreign military financing program.--
(A) Democracy and human rights certification.--Of
the funds appropriated by this Act under the heading
``Foreign Military Financing Program'', up to
$1,300,000,000, to remain available until September 30,
2017, may be made available for assistance for Egypt if
the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of
Egypt--
(i) is taking effective steps to advance
democracy and human rights in Egypt, including
to govern democratically and protect religious
minorities and the rights of women, which are
in addition to steps taken during the previous
calendar year for such purposes;
(ii) is implementing reforms that protect
freedoms of expression, association, and
peaceful assembly, including the ability of
civil society organizations and the media to
function without interference;
(iii) has released all political prisoners
and is providing detainees with due process of
law; and
(iv) is conducting credible investigations
and prosecutions of the use of excessive force
by security forces:
Provided, That such funds may be transferred to an
interest bearing account in the Federal Reserve Bank of
New York, following consultation with the Committees on
Appropriations: Provided further, That the
certification requirement of this paragraph shall not
apply to funds appropriated by this Act under such
heading for counterterrorism, border security, and
nonproliferation programs for Egypt, and for
development programs in the Sinai, which may be made
available notwithstanding any provision of law
restricting assistance for Egypt.
(B) Waiver.--The Secretary of State may waive the
certification requirement in subparagraph (A) or any
provision of law restricting assistance for Egypt if
the Secretary of State determines and reports to the
Committees on Appropriations that to do so is important
to the national security interest of the United States,
and submits a report to such Committees containing a
detailed justification for the use of such waiver and
the reasons why any of the requirements of subparagraph
(A) cannot be met.
(4) Oversight and clarification.--
(A) The Secretary of State shall take all
practicable steps to ensure that mechanisms are in
place for monitoring, oversight, and control of funds
made available by this subsection for assistance for
Egypt.
(B) Notwithstanding any provision of this
subsection, section 620M of the Foreign Assistance Act
of 1961 shall apply to funds made available by this
subsection for assistance for Egypt.
(b) Iran.--
(1) Nuclear weapons and human rights.--
(A) The terms and conditions of paragraphs (1) and
(2) of section 7041(c) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2012 (division I of Public Law 112-74) shall
continue in effect during fiscal year 2016 as if part
of this Act.
(B) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$32,000,000 shall be made available for democracy
programs for Iran: Provided, That such funds shall be
the responsibility of the Assistant Secretary for Near
Eastern Affairs, Department of State, in consultation
with the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State.
(2) Reports.--
(A) The reporting requirements in section 7043(c)
of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2010 (division F
of Public Law 111-117) shall continue in effect during
fiscal year 2016 as if part of this Act: Provided,
That the date in subsection (c)(1) shall be deemed to
be ``September 30, 2016''.
(B) The Secretary of State shall submit to the
appropriate congressional committees, not later than 30
days after enactment of this Act and at the end of each
30-day period thereafter until September 30, 2016, a
report on the implementation of the Joint Plan of
Action between the P5+1 and the Government of Iran
concluded on November 24, 2013, and any extension of or
successor to that agreement, which may be submitted in
classified form if necessary.
(c) Iraq.--
(1) Purposes.--Funds appropriated by this Act may be made
available for assistance for Iraq to promote governance,
security, and internal and regional stability, including in
Kurdistan and other areas impacted by the conflict in Syria,
and among Iraq's religious and ethnic minority populations.
(2) Limitation.--None of the funds appropriated by this Act
may be made available for construction, rehabilitation, or
other improvements to United States diplomatic facilities in
Iraq on property for which no land-use agreement has been
entered into by the Governments of the United States and Iraq:
Provided, That the restrictions in this paragraph shall not
apply if such funds are necessary to protect United States
diplomatic facilities or the security, health, and welfare of
United States personnel.
(3) Kurdistan regional governments security services.--
Funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'' that are available for
assistance for Iraq should be made available to enhance the
capacity of Kurdistan Regional Government security services and
for security programs in Kurdistan to address requirements
arising from the violence in Syria and Iraq: Provided, That
the Secretary of State shall consult with the Committees on
Appropriations prior to obligating such funds.
(d) Jordan.--
(1) Memorandum of understanding on strategic partnership.--
Of the funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Foreign Military Financing
Program'', not less than $1,000,000,000 shall be made available
for assistance for Jordan, consistent with the Memorandum of
Understanding on Strategic Partnership between the Hashemite
Kingdom of Jordan and the United States, signed on March 2,
2015.
(2) Additional assistance.--
(A) Response to the syrian crisis.--In addition to
amounts made available in paragraph (1), funds
appropriated by this Act shall be made available for
programs to implement the Jordan Response Plan 2015 for
the Syria Crisis, including assistance for host
communities in Jordan: Provided, That not later than
180 days after enactment of this Act, the Secretary of
State shall submit a report to the Committees on
Appropriations describing the United States and other
donor contributions to such Plan.
(B) Budget support.--In addition to amounts made
available in paragraphs (1), 2(A), and 2(C), of the
funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $75,000,000
shall be made available for budget support for the
Government of Jordan: Provided, That of the funds
appropriated by this Act for assistance for Jordan, not
less than $204,000,000 shall be made available for
budget support for the Government of Jordan.
(C) Water sector support.--In addition to amounts
made available in paragraphs (1), (2)(A), and (2)(B),
of the funds appropriated by this Act, $100,000,000
shall be made available for water sector support for
Jordan: Provided, That the Secretary of State shall
consult with the Committees on Appropriations prior to
obligating such funds.
(e) Lebanon.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for the Lebanese Internal Security Forces
(ISF) or the Lebanese Armed Forces (LAF) if the ISF or the LAF
is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and
Nationality Act.
(2) Consultation requirement.--Funds appropriated by this
Act under the headings ``International Narcotics Control and
Law Enforcement'' and ``Foreign Military Financing Program''
that are available for assistance for Lebanon may be made
available for programs and equipment for the ISF and the LAF to
address security and stability requirements in areas affected
by the conflict in Syria, following consultation with the
appropriate congressional committees.
(3) Economic support fund.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' that are available
for assistance for Lebanon may be made available
notwithstanding section 1224 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 2346 note).
(4) Foreign military financing program.--In addition to the
activities described in paragraph (2), funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'' for assistance for Lebanon may be made available only
to professionalize the LAF and to strengthen border security
and combat terrorism, including training and equipping the LAF
to secure Lebanon's borders, interdicting arms shipments,
preventing the use of Lebanon as a safe haven for terrorist
groups, and to implement United Nations Security Council
Resolution 1701: Provided, That funds may not be obligated for
assistance for the LAF until the Secretary of State submits to
the Committees on Appropriations a detailed spend plan,
including actions to be taken to ensure equipment provided to
the LAF is only used for the intended purposes, except such
plan may not be considered as meeting the notification
requirements under section 7015 of this Act or under section
634A of the Foreign Assistance Act of 1961, and shall be
submitted not later than September 1, 2016: Provided further,
That any notification submitted pursuant to such sections shall
include any funds specifically intended for lethal military
equipment.
(f) Libya.--
(1) Funding.--Of the funds appropriated by titles III and
IV of this Act, not less than $20,000,000 shall be made
available for assistance for Libya for programs to strengthen
governing institutions, improve border security, and promote
democracy and stability in Libya, and for activities to address
the humanitarian needs of the people of Libya.
(2) Limitations.--
(A) Cooperation on the september 2012 attack on
united states personnel and facilities.--None of the
funds appropriated by this Act may be made available
for assistance for the central Government of Libya
unless the Secretary of State reports to the Committees
on Appropriations that such government is cooperating
with United States Government efforts to investigate
and bring to justice those responsible for the attack
on United States personnel and facilities in Benghazi,
Libya in September 2012: Provided, That the limitation
in this paragraph shall not apply to funds made
available for the purpose of protecting United States
Government personnel or facilities.
(B) Infrastructure projects.--The limitation on the
uses of funds in section 7041(f)(2) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-
76) shall apply to funds appropriated by this Act that
are made available for assistance for Libya.
(3) Certification requirement.--Prior to the initial
obligation of funds made available by this Act for assistance
for Libya, the Secretary of State shall certify and report to
the Committees on Appropriations that all practicable steps
have been taken to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by
this subsection for assistance for Libya.
(g) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made
available for assistance for the Western Sahara: Provided,
That not later than 90 days after enactment of this Act and
prior to the obligation of such funds the Secretary of State,
in consultation with the Administrator of the United States
Agency for International Development, shall consult with the
Committees on Appropriations on the proposed uses of such
funds.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' that are available for assistance for Morocco may
only be used for the purposes requested in the Congressional
Budget Justification, Foreign Operations, Fiscal Year 2016.
(h) Syria.--
(1) Non-lethal assistance.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'', and
``Peacekeeping Operations'', not less than $175,000,000 shall
be made available, notwithstanding any other provision of law,
for non-lethal assistance for programs to address the needs of
civilians affected by conflict in Syria, and for programs that
seek to--
(A) establish governance in Syria that is
representative, inclusive, and accountable;
(B) expand the role of women in negotiations to end
the violence and in any political transition in Syria;
(C) develop and implement political processes that
are democratic, transparent, and adhere to the rule of
law;
(D) further the legitimacy of the Syrian opposition
through cross-border programs;
(E) develop civil society and an independent media
in Syria;
(F) promote economic development in Syria;
(G) document, investigate, and prosecute human
rights violations in Syria, including through
transitional justice programs and support for
nongovernmental organizations;
(H) counter extremist ideologies;
(I) assist Syrian refugees whose education has been
interrupted by the ongoing conflict to complete higher
education requirements at regional academic
institutions; and
(J) assist vulnerable populations in Syria and in
neighboring countries.
(2) Syrian organizations and strategy update.--Funds
appropriated by this Act that are made available for assistance
for Syria pursuant to the authority of this subsection shall be
made available for a program to strengthen the capability of
Syrian diaspora-led organizations and local Syrian civil
society organizations to address the immediate and long-term
needs of the Syrian people inside Syria in a manner that
supports the sustainability of such organizations in
implementing Syrian-led humanitarian and development programs
and the comprehensive strategy required in section 7041(i)(3)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2014 (division K of Public Law
113-76): Provided further, That not later than 30 days after
enactment of this Act, and prior to the initial obligation of
funds, the Secretary of State shall submit an update to such
strategy to the Committees on Appropriations, in classified
form if necessary.
(3) Monitoring and oversight.--Prior to the obligation of
funds appropriated by this Act and made available for
assistance for Syria, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such assistance inside
Syria: Provided, That the Secretary of State shall promptly
inform the appropriate congressional committees of each
significant instance in which assistance provided pursuant to
the authority of this subsection has been compromised, to
include the type and amount of assistance affected, a
description of the incident and parties involved, and an
explanation of the Department of State response.
(4) Consultation.--Funds made available pursuant to this
subsection may only be made available following consultation
with the appropriate congressional committees.
(i) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank and
Gaza, the Secretary of State shall report to the Committees on
Appropriations that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and
accountable government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the
heading ``Economic Support Fund'' in this Act may be
made available for assistance for the Palestinian
Authority, if after the date of enactment of this Act--
(I) the Palestinians obtain the same
standing as member states or full membership as
a state in the United Nations or any
specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians;
or
(II) the Palestinians initiate an
International Criminal Court (ICC) judicially
authorized investigation, or actively support
such an investigation, that subjects Israeli
nationals to an investigation for alleged
crimes against Palestinians.
(ii) The Secretary of State may waive the
restriction in clause (i) of this subparagraph
resulting from the application of subclause (I) of such
clause if the Secretary certifies to the Committees on
Appropriations that to do so is in the national
security interest of the United States, and submits a
report to such Committees detailing how the waiver and
the continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions of
section 1003 of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (Public Law 100-204) if
the President determines and certifies in writing to
the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the
appropriate congressional committees that the
Palestinians have not, after the date of enactment of
this Act--
(I) obtained in the United Nations or any
specialized agency thereof the same standing as
member states or full membership as a state
outside an agreement negotiated between Israel
and the Palestinians; and
(II) taken any action with respect to the
ICC that is intended to influence a
determination by the ICC to initiate a
judicially authorized investigation, or to
actively support such an investigation, that
subjects Israeli nationals to an investigation
for alleged crimes against Palestinians.
(ii) Not less than 90 days after the President is
unable to make the certification and report pursuant to
clause (i) of this subparagraph, the President may
waive section 1003 of Public Law 100-204 if the
President determines and certifies in writing to the
Speaker of the House of Representatives, the President
pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have entered into
direct and meaningful negotiations with Israel:
Provided, That any waiver of the provisions of section
1003 of Public Law 100-204 under clause (i) of this
subparagraph or under previous provisions of law must
expire before the waiver under the preceding sentence
may be exercised.
(iii) Any waiver pursuant to this subparagraph
shall be effective for no more than a period of 6
months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(3) Reduction.--The Secretary of State shall reduce the
amount of assistance made available by this Act under the
heading ``Economic Support Fund'' for the Palestinian Authority
by an amount the Secretary determines is equivalent to the
amount expended by the Palestinian Authority as payments for
acts of terrorism by individuals who are imprisoned after being
fairly tried and convicted for acts of terrorism and by
individuals who died committing acts of terrorism during the
previous calendar year: Provided, That the Secretary shall
report to the Committees on Appropriations on the amount
reduced for fiscal year 2016 prior to the obligation of funds
for the Palestinian Authority.
(4) Security report.--The reporting requirements contained
in section 1404 of the Supplemental Appropriations Act, 2008
(Public Law 110-252) shall apply to funds made available by
this Act, including a description of modifications, if any, to
the security strategy of the Palestinian Authority.
africa
Sec. 7042. (a) Ethiopia.--
(1) Forced evictions.--
(A) Funds appropriated by this Act for assistance
for Ethiopia may not be made available for any activity
that involves forced evictions.
(B) The Secretary of the Treasury shall instruct
the United States executive director of each
international financial institution to vote against
financing for any activity that involves forced
evictions.
(2) Consultation requirement.--Programs and activities to
improve livelihoods shall include prior consultation with, and
the participation of, affected communities, including in the
South Omo and Gambella regions.
(3) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' for assistance for Ethiopia may only be made
available for border security and counter terrorism programs,
support for international peacekeeping efforts, and assistance
for the Ethiopian Defense Command and Staff College.
(b) Lake Chad Basin Countries.--Funds appropriated by this Act
shall be made available for democracy programs in Cameroon, Chad,
Niger, and Nigeria, consistent with the requirements of section 7073 of
this Act and following consultation with the Committees on
Appropriations: Provided, That such programs should protect freedoms
of expression, association and religion, including for journalists,
civil society, and opposition political parties, and should be used to
assist the governments of such countries to strengthen accountability
and the rule of law, including within the security forces.
(c) Programs in Africa.--
(1) Of the funds appropriated by this Act under the
headings ``Global Health Programs'' and ``Economic Support
Fund'', not less than $7,000,000 shall be made available for
the purposes of section 7042(g)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76).
(2) Of the funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', not less than
$8,000,000 shall be made available for the purposes of section
7042(g)(2) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2014 (division K of Public
Law 113-76).
(3) Funds made available under paragraphs (1) and (2) shall
be programmed in a manner that leverages a United States
Government-wide approach to addressing shared challenges and
mutually beneficial opportunities, and shall be the
responsibility of United States Chiefs of Mission in countries
in Africa seeking enhanced partnerships with the United States
in areas of trade, investment, development, health, and
security.
(d) South Sudan.--
(1) Funds appropriated by this Act that are made available
for assistance for South Sudan should--
(A) be prioritized for programs that respond to
humanitarian needs and the delivery of basic services
and to mitigate conflict and promote stability,
including to address protection needs and prevent and
respond to gender-based violence;
(B) support programs that build resilience of
communities to address food insecurity, maintain
educational opportunities, and enhance local
governance;
(C) be used to advance democracy, including support
for civil society, independent media, and other means
to strengthen the rule of law;
(D) support the transparent and sustainable
management of natural resources by assisting the
Government of South Sudan in conducting regular audits
of financial accounts, including revenues from oil and
gas, and the timely public disclosure of such audits;
and
(E) support the professionalization of security
forces, including human rights and accountability to
civilian authorities.
(2) None of the funds appropriated by this Act that are
available for assistance for the central Government of South
Sudan may be made available until the Secretary of State
certifies and reports to the Committees on Appropriations that
such government is taking effective steps to--
(A) end hostilities and pursue good faith
negotiations for a political settlement of the internal
conflict;
(B) provide access for humanitarian organizations;
(C) end the recruitment and use of child soldiers;
(D) protect freedoms of expression, association,
and assembly;
(E) reduce corruption related to the extraction and
sale of oil and gas; and
(F) establish democratic institutions, including
accountable military and police forces under civilian
authority.
(3) The limitation of paragraph (2) shall not apply to--
(A) humanitarian assistance;
(B) assistance to support South Sudan peace
negotiations or to advance or implement a peace
agreement; and
(C) assistance to support implementation of
outstanding issues of the Comprehensive Peace Agreement
(CPA) and mutual arrangements related to the CPA.
(e) Sudan.--
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this Act may be made available for
assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the cost
of selling, reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees, and
credit agreements.
(3) The limitations of paragraphs (1) and (2) shall not
apply to--
(A) humanitarian assistance;
(B) assistance for democracy programs;
(C) assistance for the Darfur region, Southern
Kordofan State, Blue Nile State, other marginalized
areas and populations in Sudan, and Abyei; and
(D) assistance to support implementation of
outstanding issues of the Comprehensive Peace Agreement
(CPA), mutual arrangements related to post-referendum
issues associated with the CPA, or any other
internationally recognized viable peace agreement in
Sudan.
(f) Victims of Violence and Violent Extremist Groups.--
(1) Funds appropriated by this Act that are made available
for assistance for Cameroon, Chad, Niger, and Nigeria shall be
made available for assistance for women and girls who are
targeted by the terrorist organization Boko Haram, consistent
with the provisions of section 7059 of this Act, and in
consultation with the governments of such countries.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $10,000,000 shall be
made available for programs and activities in areas affected by
the Lord's Resistance Army (LRA) consistent with the goals of
the Lord's Resistance Army and Disarmament and Northern Uganda
Recovery Act (Public Law 111-172), including to improve
physical access, telecommunications infrastructure, and early-
warning mechanisms and to support the disarmament,
demobilization, and reintegration of former LRA combatants,
especially child soldiers.
(3) Funds made available by this Act for assistance for the
Central African Republic shall be made available for
reconciliation and peacebuilding programs, including activities
to promote inter-faith dialogue at the national and local
levels, and for programs to prevent crimes against humanity.
(g) Zimbabwe.--
(1) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to vote against any extension by the respective
institution of any loan or grant to the Government of Zimbabwe,
except to meet basic human needs or to promote democracy,
unless the Secretary of State certifies and reports to the
Committees on Appropriations that the rule of law has been
restored, including respect for ownership and title to
property, and freedoms of expression, association, and
assembly.
(2) None of the funds appropriated by this Act shall be
made available for assistance for the central Government of
Zimbabwe, except for health and education, unless the Secretary
of State certifies and reports as required in paragraph (1),
and funds may be made available for macroeconomic growth
assistance if the Secretary reports to the Committees on
Appropriations that such government is implementing transparent
fiscal policies, including public disclosure of revenues from
the extraction of natural resources.
east asia and the pacific
Sec. 7043. (a) Asia Rebalancing Initiative.--Except for paragraphs
(1)(C), (4), (5)(B) and (C), and 6(B), section 7043(a) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235) shall
continue in effect during fiscal year 2016 as if part of this Act.
(b) Burma.--
(1) Free and fair national elections.--Notwithstanding any
provision of this subsection, of the funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' for
assistance for Burma, $15,000,000 shall be withheld from
obligation until the Secretary of State certifies and reports
to the appropriate congressional committees that the Government
of Burma, including the armed forces, is--
(A) furthering democratic reforms in an inclusive
and transparent manner that includes the participation
of civil society, opposition political parties, and
parliament;
(B) taking effective steps to hold free and fair
elections consistent with internationally recognized
standards for democratic elections, including those
identified by the National League for Democracy in its
January 13, 2015 statement on elections;
(C) supporting the independence of the Union
Election Commission, and refraining from using official
resources for electioneering;
(D) promoting and protecting human rights,
particularly for Rohingya, Kachin, and other religious
and ethnic groups;
(E) releasing all political prisoners; and
(F) fulfilling international commitments and reform
pledges outlined in Myanmar President Office Press
Release No. 2/2012.
(2) Bilateral economic assistance.--(A) Funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for Burma may be made available notwithstanding any
other provision of law, except for this subsection, and
following consultation with the appropriate congressional
committees.
(B) Funds appropriated under title III of this Act for
assistance for Burma--
(i) may not be made available for budget support
for the Government of Burma;
(ii) shall be provided to strengthen civil society
organizations in Burma, including as core support for
such organizations;
(iii) shall be made available for the
implementation of the democracy and human rights
strategy required by section 7043(b)(3)(A) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2014 (division K of Public
Law 113-76);
(iv) shall be made available for community-based
organizations operating in Thailand to provide food,
medical, and other humanitarian assistance to
internally displaced persons in eastern Burma, in
addition to assistance for Burmese refugees from funds
appropriated by this Act under the heading ``Migration
and Refugee Assistance'';
(v) shall be made available for programs to promote
ethnic and religious tolerance, including in Rakhine
and Kachin states;
(vi) may not be made available to any successor or
affiliated organization of the State Peace and
Development Council (SPDC) controlled by former SPDC
members that promotes the repressive policies of the
SPDC, or to any individual or organization credibly
alleged to have committed gross violations or human
rights, including against Rohingya and other minority
groups; and
(vii) may be made available for programs
administrated by the Office of Transition Initiatives,
United States Agency for International Development
(USAID), or ethnic groups and civil society in Burma to
help sustain ceasefire agreements and further prospects
for reconciliation and peace, which may include support
to representatives of ethnic armed groups for this
purpose.
(3) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma: Provided, That if the Secretary of State makes the
certification and report required in paragraph (1), the
Department of State may continue consultations with the armed
forces of Burma only on human rights and disaster response in a
manner consistent with the prior fiscal year, and following
consultation with the appropriate congressional committees.
(4) Multilateral assistance.--The Secretary of the Treasury
should instruct the United States executive director of each
international financial institution to use the voice and vote
of the United States to support projects in Burma only if such
projects--
(A) promote accountability and transparency,
including on-site monitoring throughout the life of the
project;
(B) are developed and carried out in accordance
with best practices regarding environmental
conservation; social and cultural protection and
empowerment of local populations, particularly ethnic
nationalities; and extraction of resources;
(C) do not promote the displacement of local
populations without appropriate consultation, harm
mitigation and compensation, and do not provide
incentives for, or facilitate, the forced migration of
indigenous communities; and
(D) do not partner with or otherwise involve
military-owned enterprises or state-owned enterprises
associated with the military.
(5) Assessment.--Not later than 180 days after enactment of
this Act, the Comptroller General of the United States shall
initiate an assessment of democracy programs in Burma conducted
by the Department of State and USAID, including the strategy
for such programs, and programmatic implementation and results:
Provided, That of the funds appropriated by this Act for
assistance for Burma, up to $100,000 shall be made available to
the Comptroller for such assessment.
(6) Programs, position, and responsibilities.--
(A) Any new program or activity in Burma initiated
in fiscal year 2016 shall be subject to prior
consultation with the appropriate congressional
committees.
(B) Section 7043(b)(7) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2015 (division J of Public Law 113-235) shall
continue in effect during fiscal year 2016 as if part
of this Act.
(C) The United States Chief of Mission in Burma, in
consultation with the Assistant Secretary for the
Bureau of Democracy, Human Rights, and Labor,
Department of State, shall be responsible for democracy
programs in Burma.
(c) Cambodia.--
(1) Democracy programs.--Of the funds appropriated under
title III of this Act, not less than $19,750,000 shall be made
available for democracy programs in Cambodia, including to
promote Internet freedom: Provided, That the decisions on the
uses of such funds shall be the responsibility of the Assistant
Secretary for Democracy, Human Rights, and Labor, Department of
State, in consultation with the United States Chief of Mission
in Cambodia.
(2) Khmer rouge research and education programs.--None of
the funds appropriated by this Act may be made available for a
United States contribution to the Extraordinary Chambers in the
Court of Cambodia (ECCC): Provided, That funds made available
by this Act for democracy programs in Cambodia shall be made
available for research and education programs associated with
the Khmer Rouge genocide in Cambodia: Provided further, That
the Secretary of State shall continue to consult with the
Principal Donors Group on reimbursements to the Documentation
Center of Cambodia for costs incurred in support of the ECCC.
(d) North Korea.--
(1) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasts into North Korea at levels
consistent with the prior fiscal year.
(2) Refugees.--Funds appropriated by this Act under the
heading ``Migration and Refugee Assistance'' shall be made
available for assistance for refugees from North Korea,
including protection activities in the People's Republic of
China and other countries in the Asia region.
(3) Database and report.--Funds appropriated by this Act
under the heading ``Democracy Fund'' that are made available to
the Bureau of Democracy, Human Rights, and Labor, Department of
State, shall be made available to maintain a database of
prisons and gulags in North Korea, in accordance with section
7032(i) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2014 (division K of Public
Law 113-76): Provided, That not later than 30 days after
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations describing the
sources of information and format of such database.
(4) Limitation on use of funds.--None of the funds
appropriated by this Act under the heading ``Economic Support
Fund'' may be made available for assistance for the Government
of North Korea.
(e) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic and Consular
Programs'' in this Act may be obligated or expended for
processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China (PRC) unless, at
least 15 days in advance, the Committees on Appropriations are
notified of such proposed action.
(2) People's liberation army.--The terms and requirements
of section 620(h) of the Foreign Assistance Act of 1961 shall
apply to foreign assistance projects or activities of the
People's Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That
none of the funds appropriated or otherwise made available
pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any entity
that the Secretary of State has reason to believe is owned or
controlled by, or an affiliate of, the PLA.
(3) Programs to promote and strengthen transparency,
accountability, and civic advocacy.--Of the funds appropriated
by this Act under the heading ``Economic Support Fund'', not
less than $15,000,000 shall be made available for democracy and
environment programs for the PRC: Provided, That the strategic
objective of such programs shall be to promote and strengthen
transparency, accountability, and civic advocacy at the
grassroots and national levels in the PRC: Provided further,
That none of such funds may be made available for assistance
for the Government of the PRC.
(4) Counter influence programs.--Funds appropriated by this
Act for public diplomacy under title I and for assistance under
titles III and IV shall be made available to counter the
influence of the PRC, in accordance with the strategy required
by section 7043(e)(3) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113-76), following consultation with
the Committees on Appropriations.
(5) Cost-matching requirement.--Section 7032(f) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235)
shall continue in effect during fiscal year 2016 as if part of
this Act.
(6) Hong kong report.--Not later than 90 days after the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees the report required
under section 301 of the United States-Hong Kong Policy Act of
1992 (22 U.S.C. 5731): Provided, That such report shall be
made publicly available on the Department of State Web site.
(f) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director
of each international financial institution to use the voice
and vote of the United States to support financing of projects
in Tibet if such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or
facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan people
and respect Tibetan culture and traditions, and are subject to
effective monitoring.
(2) Programs for tibetan communities.--Notwithstanding any
other provision of law, of the funds appropriated by this Act
under the heading ``Economic Support Fund''$8,000,000 shall be
made available to nongovernmental organizations to support
activities which preserve cultural traditions and promote
sustainable development, education, and environmental
conservation in Tibetan communities in the Tibetan Autonomous
Region and in other Tibetan communities in China.
(3) Of the funds appropriated by this Act under the
heading, ``Economic Support Fund'' not less than $6,000,000
shall be made available for programs to promote and preserve
Tibetan culture, development, and the resilience of Tibetan
communities in India and Nepal, and to assist in the education
and development of the next generation of Tibetan leaders from
such communities: Provided, That such funds are in addition to
amounts made available in paragraph (2) for programs inside
Tibet.
(g) Vietnam.--
(1) Dioxin remediation.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$25,000,000 shall be made available for remediation of dioxin
contaminated sites in Vietnam and may be made available for
assistance for the Government of Vietnam, including the
military, for such purposes.
(2) Health and disability programs.--Of the funds
appropriated by this Act under the heading ``Development
Assistance'', not less than $7,000,000 shall be made available
for health and disability programs in areas sprayed with Agent
Orange and otherwise contaminated with dioxin, to assist
individuals with severe upper or lower body mobility impairment
and/or cognitive or developmental disabilities.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Diplomatic operations.--
(A) Facilities.--Funds appropriated by this Act
under the headings ``Diplomatic and Consular
Programs'', ``Embassy Security, Construction, and
Maintenance'', and ``Operating Expenses'' that are
available for construction and renovation of United
States Government facilities in Afghanistan may not be
made available if the purpose is to accommodate Federal
employee positions or to expand aviation facilities or
assets above those notified by the Department of State
and the United States Agency for International
Development (USAID) to the Committees on
Appropriations, or contractors in addition to those in
place on the date of enactment of this Act: Provided,
That the limitations in this paragraph shall not apply
if funds are necessary to implement plans for
accommodating other United States Government agencies
under Chief of Mission authority per section 3927 of
title 22, United States Code, or to protect such
facilities or the security, health, and welfare of
United States Government personnel.
(B) Personnel and offices reports.--
(i) Not later than 30 days after enactment
of this Act and every 120 days thereafter until
September 30, 2016, the Secretary of State
shall submit a report, in classified form if
necessary, to the appropriate congressional
committees detailing by agency the number of
personnel present in Afghanistan under Chief of
Mission authority per section 3927 of title 22,
United States Code, at the end of the 120 day
period preceding the submission of such report:
Provided, That such report shall also include
the number of locally employed staff and
contractors supporting United States Embassy
operations in Afghanistan during the reporting
period.
(ii) Not later than 90 days after enactment
of this Act, the Secretary of State and the
USAID Administrator shall each submit to the
appropriate congressional committees transition
plans for the Office of the Special
Representative for Afghanistan and Pakistan,
Department of State, and the Office of
Afghanistan and Pakistan Affairs, USAID,
respectively: Provided, That such plans shall
include a timeline, estimated costs, and the
personnel requirements for the merger of such
offices into the relevant bureaus and offices
of the Department of State and USAID.
(2) Assistance and conditions.--
(A) Funding and limitations.--Funds appropriated by
this Act under the headings ``Economic Support Fund''
and ``International Narcotics Control and Law
Enforcement'' may be made available for assistance for
Afghanistan: Provided, That such funds may not be
obligated for any program, project, or activity that--
(i) includes the participation of any
Afghan individual or organization that the
Secretary of State determines to be involved in
corrupt practices or violation of human rights;
(ii) cannot be sustained, as appropriate,
by the Government of Afghanistan or other
Afghan entity;
(iii) is inaccessible for the purposes of
conducting regular oversight in accordance with
applicable Federal statutes and regulations;
and
(iv) initiates any new, major
infrastructure development.
(B) Certification and report.--Prior to the initial
obligation of funds made available by this Act under
the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement''
for assistance for the Government of Afghanistan, the
Secretary of State shall certify and report to the
Committees on Appropriations that the Government of the
United States, after consultation with the Government
of Afghanistan, has established--
(i) goals and benchmarks for the specific
uses of such funds;
(ii) conditions that increase the
transparency and accountability of the
Government of Afghanistan for funds obligated
under the New Development Partnership;
(iii) monitoring and oversight frameworks
in accordance with all applicable audit
policies of the Department of State and USAID;
and
(iv) processes for the public reporting of
the Government of Afghanistan's national
budget, including revenues and expenditures.
(C) Waiver.--The Secretary of State, after
consultation with the Secretary of Defense, may waive
the certification requirement of subparagraph (B) if
the Secretary determines that to do so is important to
the national security interest of the United States and
the Secretary submits a report to the Committees on
Appropriations, in classified form if necessary, on the
justification for the waiver and the reasons why any
part of the certification requirement of subparagraph
(B) has not been met.
(D) Programs.--Funds appropriated by this Act that
are made available for assistance for Afghanistan shall
be made available in the following manner--
(i) not less than $50,000,000 shall be made
available for rule of law programs, the
decisions for which shall be the responsibility
of the Chief of Mission, in consultation with
other appropriate United States Government
officials in Afghanistan;
(ii) funds may be made available for an
endowment to empower women and girls, and shall
be made available for programs that protect the
rights of women and promote the political and
economic empowerment of women, including their
meaningful inclusion in political processes:
Provided, That such assistance to promote
economic empowerment of women shall made
available as grants to Afghan and international
organizations, to the maximum extent
practicable;
(iii) funds shall be made available for
programs in Central and South Asia to expand
linkages between Afghanistan and countries in
the region, subject to the regular notification
procedures of the Committees on Appropriations;
and
(iv) funds may be made available to assist
the Government of Afghanistan to increase
revenue collection and expenditure.
(3) Reporting requirements.--
(A) Goals and benchmarks.--Not later than 90 days
after enactment of this Act, the Secretary of State
shall submit to the appropriate congressional
committees a report describing the goals and benchmarks
required in clause (2)(B)(i): Provided, That not later
than 6 months after the submission of such report and
every 6 months thereafter until September 30, 2017, the
Secretary of State shall submit a report to such
committees on the status of achieving such goals and
benchmarks: Provided further, That the Secretary of
State should suspend assistance for the Government of
Afghanistan if any report required by this paragraph
indicates that Afghanistan is failing to make
measurable progress in meeting such goals and
benchmarks.
(B) Corruption and criminal prosecutions.--Not
later than 180 days after enactment of this Act, the
Secretary of State shall submit to the appropriate
congressional committees a report detailing steps taken
by the Government of Afghanistan to combat corruption
and prosecute individuals alleged to be involved in
illegal activities in Afghanistan.
(4) Authorities.--
(A) Funds appropriated by this Act under title III
through VI that are made available for assistance for
Afghanistan may be made available--
(i) notwithstanding section 7012 of this
Act or any similar provision of law and section
660 of the Foreign Assistance Act of 1961; and
(ii) for reconciliation programs and
disarmament, demobilization, and reintegration
activities for former combatants who have
renounced violence against the Government of
Afghanistan, including as a United States
contribution to the Afghanistan Reconstruction
Trust Fund and an internationally managed fund
for such purposes, subject to the regular
notification procedures of the Committees on
Appropriations.
(B) Section 7046(a)(2)(A) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2012, (division I of Public Law
112-74) shall apply to funds appropriated by this Act
for assistance for Afghanistan.
(C) Section 1102(c) of the Supplemental
Appropriations Act, 2009 (title XI of Public Law 111-
32) shall continue in effect during fiscal year 2016 as
if part of this Act.
(b) Bangladesh.--Funds appropriated by this Act under the heading
``Development Assistance'' that are made available for assistance for
Bangladesh shall be made available for programs to improve labor
conditions by strengthening the capacity of independent workers'
organizations in Bangladesh's readymade garment, shrimp, and fish
export sectors.
(c) Nepal.--
(1) Bilateral economic assistance.--Of the funds
appropriated by this Act under titles III and IX, not less than
$150,000,000 shall be made available for assistance for Nepal
for earthquake relief, recovery, and reconstruction programs:
Provided, That such amounts shall be in addition to funds made
available by this Act for development and democracy programs in
Nepal: Provided further, That funds made available for
earthquake relief, recovery, and reconstruction programs
should--
(A) target affected communities on an equitable
basis;
(B) promote political reforms, as appropriate,
including to strengthen institutions and constitutional
processes; and
(C) include sufficient oversight mechanisms, to
include the participation of civil society
organizations.
(2) Foreign military financing program.--
(A) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' shall
only be made available for humanitarian and disaster
relief and reconstruction activities in Nepal, and in
support of international peacekeeping operations:
Provided, That any additional uses of such funds may
only be made available if the Secretary of State
certifies and reports to the Committees on
Appropriations that the Government of Nepal is
investigating and prosecuting violations of human
rights and the law of war, and the Nepal army is
cooperating fully with civilian judicial authorities on
such efforts.
(B) Of the funds appropriated under titles IV and
VIII of this Act and prior Acts making appropriations
for the Department of State, foreign operations, and
related programs under the heading ``Foreign Military
Financing Program'' for assistance for Pakistan, up to
$36,000,000 may be made available for the purchase and
operation of aircraft for the Government of Nepal for
the purposes of disaster response and preparedness:
Provided, That such funds shall be subject to prior
consultation with the Committees on Appropriations.
(d) Pakistan.--
(1) Certification requirement.--None of the funds
appropriated or otherwise made available by this Act under the
headings ``Economic Support Fund'', ``International Narcotics
Control and Law Enforcement'', and ``Foreign Military Financing
Program'' for assistance for the Government of Pakistan may be
made available unless the Secretary of State certifies and
reports to the Committees on Appropriations that the Government
of Pakistan is--
(A) 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 foreign
terrorist organizations, including taking effective
steps to end support for such groups and prevent them
from basing and operating in Pakistan and carrying out
cross border attacks into neighboring countries;
(B) 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;
(C) dismantling improvised explosive device (IED)
networks and interdicting precursor chemicals used in
the manufacture of IEDs;
(D) preventing the proliferation of nuclear-related
material and expertise;
(E) issuing visas in a timely manner for United
States visitors engaged in counterterrorism efforts and
assistance programs in Pakistan; and
(F) providing humanitarian organizations access to
detainees, internally displaced persons, and other
Pakistani civilians affected by the conflict.
(2) Waiver.--The Secretary of State, after consultation
with the Secretary of Defense, may waive the certification
requirement of paragraph (1) if the Secretary of State
determines that to do so is important to the national security
interest of the United States and the Secretary submits a
report to the Committees on Appropriations, in classified form
if necessary, on the justification for the waiver and the
reasons why any part of the certification requirement of
paragraph (1) has not been met.
(3) Assistance.--
(A) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' for
assistance for Pakistan may be made available only to
support counterterrorism and counterinsurgency
capabilities in Pakistan.
(B) Funds appropriated by this Act under the
headings ``Economic Support Fund'' and
``Nonproliferation, Anti-terrorism, Demining and
Related Programs'' that are available for assistance
for Pakistan shall be made available to interdict
precursor materials from Pakistan to Afghanistan that
are used to manufacture IEDs, including calcium
ammonium nitrate; to support programs to train border
and customs officials in Pakistan and Afghanistan; and
for agricultural extension programs that encourage
alternative fertilizer use among Pakistani farmers.
(C) Funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made
available for assistance for infrastructure projects in
Pakistan shall be implemented in a manner consistent
with section 507(6) of the Trade Act of 1974 (19 U.S.C.
2467(6)).
(D) Funds appropriated by this Act under titles III
and IV for assistance for Pakistan may be made
available notwithstanding any other provision of law,
except for this subsection and section 620M of the
Foreign Assistance Act of 1961.
(E) Of the funds appropriated under titles III and
IV of this Act that are made available for assistance
for Pakistan, $33,000,000 shall be withheld from
obligation until the Secretary of State reports to the
Committees on Appropriations that Dr. Shakil Afridi has
been released from prison and cleared of all charges
relating to the assistance provided to the United
States in locating Osama bin Laden.
(4) Scholarships for women.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' that are made
available for assistance for Pakistan shall be made available
to increase the number of scholarships for women under the
Merit and Needs-Based Scholarship Program during fiscal year
2016: Provided, That not less than 50 percent of the
scholarships available under such Program should be awarded to
Pakistani women.
(5) Reports.--
(A)(i) The spend plan required by section 7076 of
this Act for assistance for Pakistan shall include
achievable and sustainable goals, benchmarks for
measuring progress, and expected results regarding
combating poverty and furthering development in
Pakistan, countering extremism, and establishing
conditions conducive to the rule of law and transparent
and accountable governance: Provided, That such
benchmarks may incorporate those required in title III
of the Enhanced Partnership with Pakistan Act of 2009
(22 U.S.C. 8441 et seq.), as appropriate: Provided
further, That not later than 6 months after submission
of such spend plan, and each 6 months thereafter until
September 30, 2017, the Secretary of State shall submit
a report to the Committees on Appropriations on the
status of achieving the goals and benchmarks in such
plan.
(ii) The Secretary of State should suspend
assistance for the Government of Pakistan if any report
required by clause (i) indicates that Pakistan is
failing to make measurable progress in meeting such
goals or benchmarks.
(B) Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to
the Committees on Appropriations detailing the costs
and objectives associated with significant
infrastructure projects supported by the United States
in Pakistan, and an assessment of the extent to which
such projects achieve such objectives.
(6) Oversight.--The Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by
this subsection for assistance for Pakistan.
(e) Sri Lanka.--
(1) Bilateral economic assistance.--Of the funds
appropriated by this Act under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than
$40,417,000 shall be made available for assistance for Sri
Lanka for democracy and economic development programs,
particularly in areas recovering from ethnic and religious
conflict: Provided, That such funds shall be made available
for programs to assist in the identification and resolution of
cases of missing persons.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be made
available only if the Secretary of State certifies and reports
to the Committees on Appropriations that the Government of Sri
Lanka is--
(A) addressing the underlying causes of conflict in
Sri Lanka; and
(B) increasing accountability and transparency in
governance.
(3) International security assistance.--None of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'' may be made available for assistance for
Sri Lanka: Provided, That funds appropriated by this Act under
the heading ``International Military Education and Training''
may only be made available for training related to
international peacekeeping operations and expanded IMET:
Provided further, That funds appropriated by this Act under the
heading ``Peacekeeping Operations'' may only be made available
for training related to international peacekeeping operations.
(f) Regional Programs.--
(1) Funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Afghanistan and
Pakistan may be provided, notwithstanding any other provision
of law that restricts assistance to foreign countries, for
cross border stabilization and development programs between
Afghanistan and Pakistan, or between either country and the
Central Asian countries.
(2) Funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Assistance for Europe, Eurasia and Central Asia'' that are
available for assistance for countries in South and Central
Asia shall be made available to enhance the recruitment,
retention, and professionalism of women in the judiciary,
police, and other security forces, of which $5,000,000 shall be
made available for such purposes in Pakistan.
western hemisphere
Sec. 7045. (a) Support for the Plan of the Alliance for Prosperity
in the Northern Triangle of Central America.--
(1) Assistance.--Subject to the requirements of this
subsection, funds appropriated by this Act shall be made
available to support implementation of the Plan of the Alliance
for Prosperity in the Northern Triangle of Central America (the
Plan), established by the governments of El Salvador,
Guatemala, and Honduras in cooperation with the Inter-American
Bank, through the United States Strategy (the Strategy) for
Engagement in Central America, only as follows--
(A) up to $13,000,000 may be made available under
the heading ``Global Health Programs'' for assistance
for Guatemala;
(B) up to $347,190,000 may be made available under
the heading ``Development Assistance'', including for
assistance for Nicaragua;
(C) up to $138,500,000 may be made available under
the heading ``Economic Support Fund;
(D) up to $155,000,000 may be made available under
the heading ``International Narcotics Control and Law
Enforcement'', including for the Central America
Regional Security Initiative;
(E) up to $500,000 may be made available under the
heading ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'' for assistance for Panama;
(F) up to $3,907,000 may be made available under
the heading ``International Military Education and
Training'', including for assistance for Belize, Costa
Rica, and Panama;
(G) up to $15,225,000 may be made available under
the heading ``Foreign Military Financing Program'',
including for assistance for Belize, Costa Rica, and
Panama; and
(H) up to $2,000,000 may be made available under
the heading ``Overseas Private Investment Corporation''
for regional programs.
(2) Pre-obligation conditions.--
(A) Prior to the obligation of funds made available
pursuant to subparagraph (1), the Secretary of State
shall submit to the Committees on Appropriations a
multi-year spend plan specifying the proposed uses of
such funds in each country and the objectives,
indicators, and a timeline to measure progress in
implementing the Strategy, which shall include programs
to empower local communities and civil society
organizations (including indigenous and other
marginalized groups) to address the causes of poverty
and violence, and the amount made available from prior
Acts making appropriations for the Department of State,
foreign operations, and related programs for projects
and activities related to the Strategy: Provided, That
such spend plan shall also include a description of how
such assistance will complement and leverage funds
allocated by each government, the Inter-American
Development Bank, and other donors to implement the
Plan.
(B) Prior to the obligation of 75 percent of such
funds for assistance for the central governments of El
Salvador, Guatemala, and Honduras, the Secretary shall
certify and report to the appropriate congressional
committees that such government is taking effective
steps to--
(i) support transparency and combat
corruption in coordination with relevant
international entities, including reforming
bank secrecy laws and strengthening anti-money
laundering laws, and with respect to the
Government of Guatemala, such steps shall
include the approval by the Congress of reforms
to the Electoral and Political Parties Law
proposed by the Supreme Electoral Tribunal, and
the investigation and prosecution by the Public
Ministry, the Supreme Court, and the
Constitutional Court of government employees
and high ranking political appointees credibly
alleged to be involved in corruption;
(ii) establish and implement specific
institutional and legal reforms, policies, and
programs addressing the causes of poverty,
violence, and corruption in such country;
(iii) create a professional, accountable
civilian police force and end the role of the
military in internal policing;
(iv) protect the rights of political
opposition parties, journalists, trade
unionists, and human rights defenders to
operate without interference;
(v) prosecute and punish in civilian courts
members of security forces who violate human
rights;
(vi) protect and promote democracy,
including implementing reforms to protect the
independence and improve the professionalism of
the judiciary, and cooperating with the Inter-
American Commission on Human Rights, the Inter-
American Court on Human Rights, and
international commissions against impunity, as
appropriate;
(vii) reform tax laws and enforce tax
collection, strengthen customs agencies, and
match, on at least a dollar-for-dollar basis,
the amounts to be expended for the projects and
activities funded by this Act in support of the
Strategy;
(viii) resolve commercial disputes in a
timely manner, including the confiscation of
real property, between United States entities
and the governments of such countries;
(ix) establish an autonomous public
accountable entity to oversee, manage, and
implement the Plan, similar to management
entities established to support Millennium
Challenge Corporation Compacts; and
(x) provide access to all available sources
of energy, especially for individuals who lack
affordable and reliable electricity.
(C) Concurrent with the submission of the
certification required in paragraph (B), the Secretary
of State shall certify and report to the appropriate
congressional committees that representatives of local
communities and civil society organizations (including
indigenous and other marginalized groups) in the
respective country are consulted in the design, and
participate in the implementation and evaluation of,
projects and activities in support of the Strategy that
affect them.
(3) Periodic review and suspension of assistance.--Not
later than 120 days after enactment of this Act, and every 120
days thereafter until September 30, 2017, the Secretary of
State shall review the progress of such governments in meeting
the objectives and indicators required in paragraph (2)(B) and
shall submit to the appropriate congressional committees a
report assessing such progress: Provided, That if the
Secretary of State is unable to determine that sufficient
progress has been made in meeting the requirements of an
objective or indicator, the Secretary shall suspend assistance
for programs supporting such objective or indicator, and shall
notify such committees in writing of such action: Provided
further, That the Secretary may resume funding for such
programs only after the Secretary certifies to such committees
that corrective measures have been identified and implemented.
(4) Commercial disputes report.--Not later than 90 days
after enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
detailing the economic investment conditions in El Salvador,
Guatemala, and Honduras, and an assessment of outstanding
commercial disputes, including the confiscation of real
property, between United States entities and the governments of
such countries.
(5) Change of government.--The Secretary of State shall,
following a change of government in El Salvador, Guatemala, or
Honduras, certify and report to the appropriate congressional
committees that any new government has committed to taking the
effective steps enumerated in the pre-obligation requirements
in paragraph (2): Provided, That if the Secretary is unable to
make such a certification in a timely manner, assistance made
available under this subsection shall be suspended until such
time as the certification can be made.
(6) Programs and transfer of funds.--
(A) Of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law
Enforcement'' for the Central America Regional Security
Initiative, not less than $2,000,000 shall be made
available, after consultation with the Committees on
Appropriations, for a United States contribution to an
international commission against impunity in Honduras,
if such a commission is established.
(B) The Department of State and the United States
Agency for International Development (USAID) may,
following consultation with the appropriate
congressional committees, transfer funds made available
by this Act under the heading ``Development
Assistance'' to the Inter-American Development Bank and
the Inter-American Foundation for technical and other
assistance in support of programs carried out in El
Salvador, Guatemala, and Honduras under the Plan.
(b) Colombia.--
(1) Funds appropriated by this Act and made available to
the Department of State for assistance for the Government of
Colombia may be used to support a unified campaign against
narcotics trafficking, organizations designated as Foreign
Terrorist Organizations, and other criminal or illegal armed
groups, and to take actions to protect human health and welfare
in emergency circumstances, including undertaking rescue
operations: Provided, That the first through fifth provisos of
paragraph (1), and paragraph (3) of section 7045(a) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74)
shall continue in effect during fiscal year 2016 and shall
apply to funds appropriated by this Act and made available for
assistance for Colombia as if included in this Act: Provided
further, That of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $133,000,000
shall be apportioned directly to USAID.
(2)(A) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' for assistance
for Colombia, 19 percent shall be withheld from obligation
unless the Secretary of State certifies and reports to the
Committees on Appropriations that--
(i) cases involving members of the Colombian
military who have been credibly alleged to have
violated human rights, including through command
responsibility, are subject only to civilian
jurisdiction, and that the Colombian military is
cooperating with civilian authorities in such cases,
and no such military officers hold senior positions in
the chain of command;
(ii) the Government of Colombia is upholding its
international obligations by prosecuting persons
responsible for crimes against humanity, war crimes,
and other gross violations of human rights, and is not
offering amnesty to such persons; and
(iii) the Government of Colombia is dismantling
illegal armed groups; taking effective steps to protect
the rights of human rights defenders, journalists,
trade unionists, and other social activists; and
respecting the rights and territory of indigenous and
Afro-Colombian communities.
(B) The limitations of this paragraph shall not apply to
funds made available under such heading for aviation
instruction and maintenance, and maritime security programs.
(3) The Secretary of State shall consult with the
appropriation congressional committees on the uses of
assistance for Colombia made available by this Act under such
heading for programs that support and further peace talks.
(c) Cuba.--
(1) Democracy programs and transfer authority.--Of the
funds appropriated by this Act under the heading ``Economic
Support Fund'', $15,000,000 shall be made available for
democracy programs for Cuba: Provided, That a portion of such
funds may be transferred to, and merged with, funds made
available by this Act under the heading ``National Endowment
for Democracy'', following consultation with the appropriate
congressional committees.
(2) Private entrepreneur programs and limitation.--Of the
funds appropriated by this Act under the heading ``Economic
Support Fund'', $5,000,000 shall be made available for programs
to support private Cuban entrepreneurs, notwithstanding any
other provision of law, except that no such assistance may be
provided for the Government of Cuba: Provided, That such funds
shall be made available following consultation with the
appropriate congressional committees.
(d) Haiti.--
(1) Funding.--Of the funds appropriated by this Act, not
more than $181,413,000 may be made available for assistance for
Haiti, as follows--
(A) up to $129,213,000 under the heading ``Global
Health Programs'';
(B) up to $45,000,000 under the heading ``Economic
Support Fund'';
(C) up to $6,000,000 under the heading
``International Narcotics Control and Law
Enforcement''; and
(D) up to $1,200,000 under the heading ``Foreign
Military Financing Program''.
(2) Governance certification.--Funds made available in
paragraph (1) may not be made available for the central
Government of Haiti unless the Secretary of State certifies and
reports to the Committees on Appropriations that the Government
of Haiti is--
(A) holding free and fair parliamentary elections
and taking effective steps to seat a new Haitian
Parliament;
(B) strengthening the rule of law in Haiti,
including by selecting judges in a transparent manner;
respecting the independence of the judiciary; and
improving governance through implementation of reforms
to increase transparency and accountability;
(C) combating corruption, including by implementing
the anti-corruption law enacted in 2014 and prosecuting
corrupt officials; and
(D) increasing government revenues, including by
implementing tax reforms and through credible tax
collection efforts, and increasing expenditures on
health care.
(3) Security certification.--Prior to the initial
obligation of funds made available in paragraph (1) under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program'', the
Secretary of State shall certify and report to the Committees
on Appropriations that the Haitian National Police and other
intended recipients of such funds that are part of the
Government of Haiti are not controlled by, or otherwise under
the influence of, any private organization or individual.
(4) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
Guard.
(e) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act should be borne by the recipient
country.
prohibition of payments to united nations members
Sec. 7046. None of the funds appropriated or made available
pursuant to titles III through VI of this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in whole or in part
any assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out chapter 1
of part I of the Foreign Assistance Act of 1961, the costs for
participation of another country's delegation at international
conferences held under the auspices of multilateral or international
organizations.
war crimes tribunals
Sec. 7047. (a) If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
(b) Notwithstanding any other provision of law, funds appropriated
by this Act may be made available for training, technical assistance,
support for victims, law enforcement activity and cooperation, witness
protection, and professional services in support of international
judicial investigations, apprehensions, prosecutions, and adjudications
of genocide, crimes against humanity, and war crimes consistent with
section 2015 of the American Servicemembers' Protection Act, 2002, as
amended: Provided, That this subsection shall not apply to nationals
of the North Atlantic Treaty Organization (NATO) and major non-NATO
allies initially designated pursuant to section 517(b) of the Foreign
Assistance Act of 1961.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Of the funds appropriated under title I and under the
heading ``International Organizations and Programs'' in title V
of this Act that are available for contributions to the United
Nations (including the Department of Peacekeeping Operations),
any United Nations agency, or the Organization of American
States, 15 percent may not be obligated for such organization,
department, or agency until the Secretary of State reports to
the Committees on Appropriations that the organization,
department, or agency is--
(A) posting on a publicly available Web site,
consistent with privacy regulations and due process,
regular financial and programmatic audits of such
organization, department, or agency, and providing the
United States Government with necessary access to such
financial and performance audits; and
(B) effectively implementing and enforcing policies
and procedures which reflect best practices for the
protection of whistleblowers from retaliation,
including best practices for--
(i) protection against retaliation for
internal and lawful public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting
retaliation;
(iv) access to independent adjudicative
bodies, including external arbitration; and
(v) results that eliminate the effects of
proven retaliation.
(2) The restrictions imposed by or pursuant to paragraph
(1) may be waived on a case-by-case basis if the Secretary of
State determines and reports to the Committees on
Appropriations that such waiver is necessary to avert or
respond to a humanitarian crisis.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) None of the funds made available under title I of this
Act may be used to pay expenses for any United States
delegation to any specialized agency, body, or commission of
the United Nations if such agency, body, or commission is
chaired or presided over by a country, the government of which
the Secretary of State has determined, for purposes of section
6(j)(1) of the Export Administration Act of 1979 as continued
in effect pursuant to the International Emergency Economic
Powers Act (50 U.S.C. App. 2405(j)(1)), supports international
terrorism.
(2) None of the funds made available under title I of this
Act may be used by the Secretary of State as a contribution to
any organization, agency, commission, or program within the
United Nations system if such organization, agency, commission,
or program is chaired or presided over by a country the
government of which the Secretary of State has determined, for
purposes of section 620A of the Foreign Assistance Act of 1961,
section 40 of the Arms Export Control Act, section 6(j)(1) of
the Export Administration Act of 1979, or any other provision
of law, is a government that has repeatedly provided support
for acts of international terrorism.
(3) The Secretary of State may waive the restriction in
this subsection if the Secretary reports to the Committees on
Appropriations that to do so is in the national interest of the
United States.
(c) United Nations Human Rights Council.--Funds appropriated by
this Act may be made available to support the United Nations Human
Rights Council only if the Secretary of State determines and reports to
the Committees on Appropriations that participation in the Council is
in the national interest of the United States and that the Council is
taking credible steps to remove Israel as a permanent agenda item:
Provided, That such report shall include a description of the national
interest served and a description of steps taken to remove Israel as a
permanent agenda item: Provided further, That the Secretary of State
shall report to the Committees on Appropriations not later than
September 30, 2016, on the resolutions considered in the United Nations
Human Rights Council during the previous 12 months, and on steps taken
to remove Israel as a permanent agenda item.
(d) United Nations Relief and Works Agency.--The Secretary of State
shall submit a report in writing to the Committees on Appropriations
not less than 45 days after enactment of this Act on whether the United
Nations Relief and Works Agency (UNRWA) is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under section 301(c) of the Foreign Assistance Act
of 1961;
(3) implementing procedures to maintain the neutrality of
its facilities, including implementing a no-weapons policy, and
conducting regular inspections of its installations, to ensure
they are only used for humanitarian or other appropriate
purposes;
(4) taking necessary and appropriate measures to ensure it
is operating in compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961 and continuing
regular reporting to the Department of State on actions it has
taken to ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and
summer camps is consistent with the values of human rights,
dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is taking steps to improve the financial transparency of
the organization; and
(7) in compliance with the United Nations Board of
Auditors' biennial audit requirements and is implementing in a
timely fashion the Board's recommendations.
(e) United Nations Capital Master Plan.--None of the funds made
available in this Act may be used for the design, renovation, or
construction of the United Nations Headquarters in New York.
(f) Withholding Report.--Not later than 45 days after enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the amount of funds available
for obligation or expenditure in fiscal year 2016 for contributions to
any organization, department, agency, or program within the United
Nations system or any international program that are withheld from
obligation or expenditure due to any provision of law: Provided, That
the Secretary of State shall update such report each time additional
funds are withheld by operation of any provision of law: Provided
further, That the reprogramming of any withheld funds identified in
such report, including updates thereof, shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
community-based police assistance
Sec. 7049. (a) Authority.--Funds made available by titles III and
IV of this Act to carry out the provisions of chapter 1 of part I and
chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may
be used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority through
training and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance to foster
civilian police roles that support democratic governance, including
assistance for programs to prevent conflict, respond to disasters,
address gender-based violence, and foster improved police relations
with the communities they serve.
(b) Notification.--Assistance provided under subsection (a) shall
be subject to the regular notification procedures of the Committees on
Appropriations.
prohibition on promotion of tobacco
Sec. 7050. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
international conferences
Sec. 7051. None of the funds made available in this Act may be
used to send or otherwise pay for the attendance of more than 50
employees of agencies or departments of the United States Government
who are stationed in the United States, at any single international
conference occurring outside the United States, unless the Secretary of
State reports to the Committees on Appropriations at least 5 days in
advance that such attendance is important to the national interest:
Provided, That for purposes of this section the term ``international
conference'' shall mean a conference attended by representatives of the
United States Government and of foreign governments, international
organizations, or nongovernmental organizations.
aircraft transfer and coordination
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic and Consular Programs'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'', and ``Andean Counterdrug Programs'' may be used for any
other program and in any region, including for the transportation of
active and standby Civilian Response Corps personnel and equipment
during a deployment: Provided, That the responsibility for policy
decisions and justification for the use of such transfer authority
shall be the responsibility of the Secretary of State and the Deputy
Secretary of State and this responsibility shall not be delegated.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) The uses of aircraft purchased or leased by the
Department of State and the United States Agency for
International Development (USAID) with funds made available in
this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to
transport, on a reimbursable or non-reimbursable basis, Federal
and non-Federal personnel supporting Department of State and
USAID programs and activities: Provided further, That official
travel for other agencies for other purposes may be supported
on a reimbursable basis, or without reimbursement when
traveling on a space available basis: Provided further, That
funds received by the Department of State for the use of
aircraft owned, leased, or chartered by the Department of State
may be credited to the Department Working Capital Fund and
shall be available for expenses related to the purchase, lease,
maintenance, chartering, or operation of such aircraft.
(2) The requirement and authorities of this subsection
shall only apply to aircraft, the primary purpose of which is
the transportation of personnel.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2011 (division F of Public Law 111-117) shall apply
to this Act: Provided, That the date ``September 30, 2009'' in
subsection (f)(2)(B) of such section shall be deemed to be ``September
30, 2015''.
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other provision of
law, demining equipment available to the United States Agency for
International Development and the Department of State and used in
support of the clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the Secretary of
State may prescribe.
(b) Cluster Munitions.--No military assistance shall be furnished
for cluster munitions, no defense export license for cluster munitions
may be issued, and no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational environments,
and the agreement applicable to the assistance, transfer, or
sale of such cluster munitions or cluster munitions technology
specifies that the cluster munitions will only be used against
clearly defined military targets and will not be used where
civilians are known to be present or in areas normally
inhabited by civilians; or
(2) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the United
States not authorized before the date of the enactment of this Act by
Congress: Provided, That not to exceed $25,000 may be made available
to carry out the provisions of section 316 of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533).
consular immunity
Sec. 7056. The Secretary of State, in consultation with the
Attorney General, may, on the basis of reciprocity and under such terms
and conditions as the Secretary may determine, specify privileges and
immunities for a consular post, the members of a consular post and
their families which result in more favorable or less favorable
treatment than is provided in the Vienna Convention on Consular
Relations, of April 24, 1963 (T.I.A.S. 6820), entered into force for
the United States December 24, 1969.
united states agency for international development management
(including transfer of funds)
Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds made
available in title III of this Act pursuant to or to carry out the
provisions of part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'', may be used by the United States Agency for
International Development (USAID) to hire and employ individuals in the
United States and overseas on a limited appointment basis pursuant to
the authority of sections 308 and 309 of the Foreign Service Act of
1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2017.
(c) Conditions.--The authority of subsection (a) should only be
used to the extent that an equivalent number of positions that are
filled by personal services contractors or other non-direct hire
employees of USAID, who are compensated with funds appropriated to
carry out part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Europe, Eurasia and
Central Asia'', are eliminated.
(d) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which the responsibilities of such individual
primarily relate: Provided, That funds made available to carry out
this section may be transferred to, and merged with, funds appropriated
by this Act in title II under the heading ``Operating Expenses''.
(e) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980, may be extended for a period of up to 4
years notwithstanding the limitation set forth in such section.
(f) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular notification
procedures of the Committees on Appropriations.
(g) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480), may be used by USAID to employ up to 40
personal services contractors in the United States, notwithstanding any
other provision of law, for the purpose of providing direct, interim
support for new or expanded overseas programs and activities managed by
the agency until permanent direct hire personnel are hired and trained:
Provided, That not more than 15 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds
appropriated to carry out title II of the Food for Peace Act (Public
Law 83-480), may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(h) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2011 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating
to research on, and the prevention, treatment and control of, HIV/AIDS
may be made available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided, That of the funds appropriated under title III of this Act,
not less than $577,600,000 shall be made available for family planning/
reproductive health, including in areas where population growth
threatens biodiversity or endangered species.
(b) Global Fund.--Of the funds appropriated by this Act that are
available for a contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund), 10 percent should be withheld
from obligation until the Secretary of State determines and reports to
the Committees on Appropriations that the Global Fund is--
(1) maintaining and implementing a policy of transparency,
including the authority of the Global Fund Office of the
Inspector General (OIG) to publish OIG reports on a public Web
site;
(2) providing sufficient resources to maintain an
independent OIG that--
(A) reports directly to the Board of the Global
Fund;
(B) maintains a mandate to conduct thorough
investigations and programmatic audits, free from undue
interference; and
(C) compiles regular, publicly published audits and
investigations of financial, programmatic, and
reporting aspects of the Global Fund, its grantees,
recipients, sub-recipients, and Local Fund Agents;
(3) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers for retaliation, including best practices for--
(A) protection against retaliation for internal and
lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting
retaliation;
(D) access to independent adjudicative bodies,
including external arbitration; and
(E) results that eliminate the effects of proven
retaliation; and
(4) implementing the recommendations contained in the
Consolidated Transformation Plan approved by the Board of the
Global Fund on November 21, 2011:
Provided, That such withholding shall not be in addition to funds
that are withheld from the Global Fund in fiscal year 2016 pursuant to
the application of any other provision contained in this or any other
Act.
(c) Contagious Infectious Disease Outbreaks.--If the Secretary of
State determines and reports to the Committees on Appropriations that
an international infectious disease outbreak is sustained, severe, and
is spreading internationally, or that it is in the national interest to
respond to a Public Health Emergency of International Concern, funds
made available under title III of this Act may be made available to
combat such infectious disease or public health emergency: Provided,
That funds made available pursuant to the authority of this subsection
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this Act
shall be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the status,
increasing the participation, and protecting the rights of women and
girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title III of
this Act, not less than $50,000,000 shall be made available to increase
leadership opportunities for women in countries where women and girls
suffer discrimination due to law, policy, or practice, by strengthening
protections for women's political status, expanding women's
participation in political parties and elections, and increasing
women's opportunities for leadership positions in the public and
private sectors at the local, provincial, and national levels.
(c) Gender-Based Violence.--
(1)(A) Of the funds appropriated by titles III and IV of
this Act, not less than $150,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(B) Funds appropriated by titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police and
other security forces.
(2) Department of State and United States Agency for
International Development gender programs shall incorporate
coordinated efforts to combat a variety of forms of gender-
based violence, including child marriage, rape, female genital
cutting and mutilation, and domestic violence, among other
forms of gender-based violence in conflict and non-conflict
settings.
(d) Women, Peace, and Security.--Funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', and ``International Narcotics Control and Law Enforcement''
shall be made available to support a multi-year strategy to expand, and
improve coordination of, United States Government efforts to empower
women as equal partners in conflict prevention, peace building,
transitional processes, and reconstruction efforts in countries
affected by conflict or in political transition, and to ensure the
equitable provision of relief and recovery assistance to women and
girls.
sector allocations
Sec. 7060. (a) Education.--
(1) Basic education.--
(A) Funds appropriated by this Act that are made
available for assistance for basic education may only
be made available for each country at a funding level
for basic education that does not exceed that contained
in the Congressional Budget Justification, Foreign
Operations, Summary Tables, Fiscal Year 2016:
Provided, That such funds may only be used to implement
the stated objectives of each Country Development
Cooperation Strategy or similar strategy: Provided
further, That the Administrator of the United States
Agency for International Development (USAID), following
consultation with the Committees on Appropriations, may
reprogram funds between countries, except that no such
reprogramming may result in an overall funding level
for basic education exceeding the total amount
justified for fiscal year 2016.
(B) If the USAID Administrator determines that any
unobligated balances of funds specifically designated
for basic education in prior Acts making appropriations
for foreign operations, export financing, and related
programs are in excess of the absorptive capacity of
recipient countries, such funds may be made available
for other programs authorized under chapter 1 of part I
of the Foreign Assistance Act of 1961, notwithstanding
such funding designation: Provided, That the authority
of this paragraph shall be subject to prior
consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $225,000,000 shall be made
available for assistance for higher education, of which not
less than $35,000,000 should be to support new partnerships
between higher education institutions in the United States and
developing countries.
(3) Definition.--For purposes of funds appropriated under
title III of this Act, the term ``democracy programs'' in
section 7032(c) of this Act shall also include programs to
rescue scholars, and fellowships, scholarships, and exchanges
in the Middle East and North Africa for academic professionals
and university students from countries in such region, subject
to the regular notification procedures of the Committees on
Appropriations.
(b) Development Assistance.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $26,000,000
shall be made available for the American Schools and Hospitals Abroad
program, and not less than $12,000,000 shall be made available for
cooperative development programs of the United States Agency for
International Development (USAID).
(c) Environment Programs.--
(1) Authorities.--
(A) Notwithstanding any other provision of law,
funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be made available
for the Green Climate Fund, including as a
contribution: Provided, That any such funds made
available for such purpose shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(B) Funds appropriated by this Act may be made
available for United States contributions to the Clean
Technology Fund and the Strategic Climate Fund.
(C) Funds appropriated by this Act to carry out the
provisions of section 103 to 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used
to support environment programs, notwithstanding any
other provision of law except for the provisions of
this subsection: Provided, That such funds are subject
to the regular notification procedures of the
Committees on Appropriations.
(2) Conservation programs and limitation.--
(A) Of the funds appropriated under title III of
this Act, $250,000,000 shall be made available for
biodiversity conservation programs.
(B) Not less than $55,000,000 of the funds
appropriated under title III and IV of this Act shall
be made available to combat the transnational threat of
wildlife poaching and trafficking: Provided, That none
of the funds appropriated under title IV of this Act
may be made available for training or other assistance
for any military unit or personnel that the Secretary
of State determines has been credibly alleged to have
participated in wildlife poaching or trafficking,
unless the Secretary reports to the Committees on
Appropriations that to do so is in the national
security interest of the United States.
(C) Limitation.--Funds appropriated by this Act for
biodiversity programs shall not be used to support the
expansion of industrial scale logging or any other
industrial scale extractive activity into areas that
were primary/intact tropical forests as of December 30,
2013, and the Secretary of the Treasury shall instruct
the United States executive directors of each
international financial institutions (IFI) to vote
against any financing of any such activity.
(3) Large dams.--The Secretary of the Treasury shall
instruct the United States executive director of each IFI that
it is the policy of the United States to vote in relation to
any loan, grant, strategy, or policy of such institution to
support the construction of any large dam consistent with the
criteria set forth in the report accompanying this Act, while
also considering whether the project involves important foreign
policy objectives.
(4) Sustainable landscapes.--Of the funds appropriated
under title III of this Act, $123,500,000 shall be made
available for sustainable landscape programs.
(d) Food Security and Agricultural Development.--
(1) Of the funds appropriated by title III of this Act, not
less than $1,000,600,000 should be made available for food
security and agricultural development programs, of which
$32,000,000 shall be made available for the Feed the Future
Collaborative Research Innovation Lab: Provided, That such
funds may be made available notwithstanding any other provision
of law to prevent or address food shortages, and for a United
States contribution to the endowment of the Global Crop
Diversity Trust.
(2) Funds appropriated under title III of this Act may be
made available as a contribution to the Global Agriculture and
Food Security Program if such contribution will not cause the
United States to exceed 33 percent of the total amount of funds
contributed to such Program.
(e) Microenterprise and Microfinance.--Of the funds appropriated by
this Act, not less than $265,000,000 should be made available for
microenterprise and microfinance development programs for the poor,
especially women.
(f) Power Africa Initiative.--Of the funds appropriated by this
Act, $76,700,000 shall be made available for the Power Africa
initiative, subject to the regular notification procedures of the
Committees on Appropriations.
(g) Programs To Combat Trafficking in Persons and End Modern
Slavery.--
(1) Trafficking in persons.--Of the funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``International Narcotics
Control and Law Enforcement'', not less than $52,500,000 shall
be made available for activities to combat trafficking in
persons internationally.
(2) End modern slavery.--Of the funds appropriated by this
Act under the heading ``Development Assistance'', in addition
to funds made available pursuant to paragraph (1), $25,000,000,
to remain available until expended, shall be made available on
a competitive basis for a grant or grants to support innovative
strategies, on a cost-matching basis, that reduce the
prevalence of modern slavery in targeted populations within
partner countries (or jurisdictions thereof) with a high
prevalence of modern slavery: Provided, That for the purposes
of this paragraph the terms ``modern slavery'' and ``partner
countries'' shall have the same meaning as provided for in
section 9 of the End Modern Slavery Initiative Act of 2015 (S.
553), as reported by the Senate Committee on Foreign Relations
on February 26, 2015: Provided further, That the requirements
of section 7631(d) of title 22, United States Code, shall apply
to such funds.
(h) Reconciliation Programs.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``Development
Assistance'', not less than $26,000,000 shall be made available to
support people-to-people reconciliation programs which bring together
individuals of different ethnic, religious, and political backgrounds
from areas of civil strife and war: Provided, That the USAID
Administrator shall consult with the Committees on Appropriations,
prior to the initial obligation of funds, on the uses of such funds:
Provided further, That to the maximum extent practicable, such funds
shall be matched by sources other than the United States Government.
(i) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $400,000,000 shall be made available for water supply and
sanitation projects pursuant to the Senator Paul Simon Water for the
Poor Act of 2005 (Public Law 109-121), of which not less than
$145,000,000 should be for programs in sub-Saharan Africa, and of which
not less than $14,000,000 shall be made available for programs to
design and build safe, public latrines in Africa and Asia.
(j) Notification Requirements.--Authorized deviations from funding
levels contained in this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
overseas private investment corporation
Sec. 7061. (a) Transfer.--Whenever the President determines that it
is in furtherance of the purposes of the Foreign Assistance Act of
1961, up to a total of $20,000,000 of the funds appropriated under
title III of this Act may be transferred to, and merged with, funds
appropriated by this Act for the Overseas Private Investment
Corporation Program Account, to be subject to the terms and conditions
of that account: Provided, That such funds shall not be available for
administrative expenses of the Overseas Private Investment Corporation:
Provided further, That designated funding levels in this Act shall not
be transferred pursuant to this section: Provided further, That the
exercise of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) Authority.--Notwithstanding section 235(a)(2) of the Foreign
Assistance Act of 1961, the authority of subsections (a) through (c) of
section 234 of such Act shall remain in effect until September 30,
2016.
arms trade treaty
Sec. 7062. None of the funds appropriated by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
international family planning and reproductive health
Sec. 7063. (a) United Nations Population Fund.--
(1) Contribution.--Of the amounts made available under the
heading ``International Organizations and Programs'' in this
Act for fiscal year 2016, $35,000,000 shall be made available
for the United Nations Population Fund (referred to in this
section as ``UNFPA'').
(2) Availability of funds.--Amounts appropriated by this
Act for UNFPA that are not made available for UNFPA because of
the operation of any provision of law shall be transferred to
the ``Global Health Programs'' account and shall be made
available for family planning, maternal, and reproductive
health activities, subject to the regular notification
procedures of the Committees on Appropriations.
(3) Prohibition on use of funds in china.--None of the
amounts made available under this Act may be used by UNFPA for
a country program in the People's Republic of China.
(4) Conditions on availability of funds.--Amounts made
available by this Act for UNFPA may not be made available
unless--
(A) UNFPA maintains such amounts in an account that
is separate from other UNFPA accounts and does not
commingle such funds with other funds; and
(B) UNFPA does not fund abortions.
(b) Assistance for Foreign Nongovernmental Organizations.--The
Foreign Assistance Act of 1961 is amended by inserting after section
104C the following:
``SEC. 104D. ELIGIBILITY FOR ASSISTANCE.
``Notwithstanding any other provision of law, regulation, or
policy, in determining eligibility for assistance under sections 104,
104A, 104B, and 104C, a foreign nongovernmental organization--
``(1) shall not be ineligible for such assistance solely on
the basis of health or medical services, including counseling
and referral services, provided by such organization with non-
United States Government funds if such services--
``(A) are permitted in the country in which they
are being provided; and
``(B) would not violate United States law if
provided in the United States; and
``(2) shall not be subject to requirements relating to the
use of non-United States Government funds for advocacy and
lobbying activities other than those that apply to United
States nongovernmental organizations receiving assistance under
this part.''.
reporting requirements concerning individuals detained at naval
station, guantanamo bay, cuba
Sec. 7064. Not later than 5 days after the conclusion of an
agreement with a country, including a state with a compact of free
association with the United States, to receive by transfer or release
individuals detained at United States Naval Station, Guantanamo Bay,
Cuba, the Secretary of State shall notify the Committees on
Appropriations in writing of the terms of the agreement, including
whether funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs will be made available for assistance for such country
pursuant to such agreement.
consular and border security programs
Sec. 7065. (a) There is established in the Treasury a separate fund
to be known as the ``Consular and Border Security Programs'' account
into which the following fees shall be deposited for the purposes of
the consular and border security programs.
(b) Machine-Readable Visa Fee.--Section 103(d) of Public Law 107-
173 (8 U.S.C. 1713) is amended by striking ``credited as an offsetting
collection to any appropriation for the Department of State'' and
inserting ``deposited in the Consular and Border Security Programs
account''.
(c) Passport and Immigrant Visa Security Surcharges.--
(1) The fourth paragraph under the heading ``Diplomatic and
Consular Programs'' in title IV of division B of Public Law
108-447 (8 U.S.C. 1714) is amended--
(A) by inserting ``and the consular protection of
U.S. citizens and their interests overseas'' after ``in
support of enhanced border security''; and
(B) by striking ``credited to this account'' and
inserting ``deposited in the Consular and Border
Security Programs account''.
(2) Section 6 of Public Law 109-472 (8 U.S.C. 1714 note) is
amended by inserting ``and the consular protection of U.S.
citizens and their interests overseas'' after ``in support of
enhanced border security'' each place it appears.
(d) Diversity Immigrant Lottery Fee.--Section 636 of title VI,
division C of Public Law 104-208 (8 U.S.C. 1153 note) is amended by
striking ``as an offsetting collection to any Department of State
appropriation'' and inserting ``in the Consular and Border Security
Programs account''.
(e) Affidavit of Support Fee.--Section 232(c) of title II of
division A of H.R. 3427 (106th Congress) (incorporated by reference by
section 1000(a)(7) of division B of Public 106-113, as amended (8
U.S.C. 1183a note), is further amended by striking ``as an offsetting
collection to any Department of State appropriation'' and inserting
``in the Consular and Border Security Programs account''.
(f) Western Hemisphere Travel Initiative Surcharge.--Subsection
(b)(1) of section 1 of the Passport Act of June 4, 1920 (22 U.S.C.
214(b)(1)) is amended by striking ``as an offsetting collection to the
appropriate Department of State appropriation'' and inserting ``in the
Consular and Border Security Programs account''.
(g) Expedited Passport Fee.--The first proviso under the heading
``Diplomatic and Consular Programs'' in title V of Public Law 103-317
(22 U.S.C. 214 note) is amended by inserting ``or in the Consular and
Border Security Programs account'' after ``offsetting collection''.
(h) Transfer of Balances.--The unobligated balances of amounts
available from fees referenced under this section may be transferred to
the Consular and Border Security Programs account.
(i) Funds deposited in or transferred to the Consular and Border
Security Programs account may be transferred between funds appropriated
under the heading ``Administration of Foreign Affairs''.
(j) The transfer authorities in this section shall be in addition
to any other transfer authority available to the Department of State.
(k) The amendments made by this section shall take effect not later
than October 1, 2016, and shall be implemented in a manner that ensures
the fees collected, transferred, and used in fiscal year 2016 can be
readily tracked.
prohibition on use of torture
Sec. 7066. (a) Limitation.--None of the funds made available in
this Act may be used to support or justify the use of torture, cruel,
or inhumane treatment by any official or contract employee of the
United States Government.
(b) Assistance to Eliminate Torture.--Funds appropriated under
titles III and IV of this Act shall be made available, notwithstanding
section 660 of the Foreign Assistance Act of 1961 and following
consultation with the Committees on Appropriations, for assistance to
eliminate torture by foreign police, military or other security forces
in countries receiving assistance from funds appropriated by this Act.
extradition
Sec. 7067. (a) Limitation.--None of the funds appropriated in this
Act may be used to provide assistance (other than funds provided under
the headings ``International Disaster Assistance'', ``Complex Crises
Fund'', ``International Narcotics Control and Law Enforcement'',
``Migration and Refugee Assistance'', ``United States Emergency Refugee
and Migration Assistance Fund'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Assistance'') for the central
government of a country which has notified the Department of State of
its refusal to extradite to the United States any individual indicted
for a criminal offense for which the maximum penalty is life
imprisonment without the possibility of parole or for killing a law
enforcement officer, as specified in a United States extradition
request.
(b) Clarification.--Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an
extradition treaty and the government of that country is in violation
of the terms and conditions of the treaty.
(c) Waiver.--The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary certifies to
the Committees on Appropriations that such waiver is important to the
national interests of the United States.
commercial leasing of defense articles
Sec. 7068. Notwithstanding any other provision of law, and subject
to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt, and the
North Atlantic Treaty Organization (NATO), and major non-NATO allies
for the procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial suppliers,
not including Major Defense Equipment (other than helicopters and other
types of aircraft having possible civilian application), if the
President determines that there are compelling foreign policy or
national security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale under
such Act.
independent states of the former soviet union
Sec. 7069. (a) Limitation.--None of the funds appropriated by this
Act may be made available for assistance for a government of an
independent state of the former Soviet Union if that government directs
any action in violation of the territorial integrity or national
sovereignty of any other independent state of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Provided,
That except as otherwise provided in section 7070(a) of this Act, funds
may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national
security interest of the United States: Provided further, That prior
to executing the authority contained in this subsection the Department
of State shall consult with the Committees on Appropriations on how
such assistance supports the national interest of the United States.
(b) Section 907 of the Freedom Support Act.--Section 907 of the
FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of the
Defense Against Weapons of Mass Destruction Act of 1996 (50
U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
russia
Sec. 7070. (a) Limitation.--None of the funds appropriated by this
Act may be made available for assistance for the central Government of
the Russian Federation.
(b) Determination and Conditions.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a
country that the Secretary of State determines and reports to
the Committees on Appropriations has taken affirmative steps
intended to support or be supportive of the Russian Federation
annexation of Crimea: Provided, That except as otherwise
provided in subsection (a), the Secretary may waive the
restriction on assistance required by this paragraph if the
Secretary certifies to such Committees that to do so is in the
national interest of the United States, and includes a
justification for such interest.
(2) None of the funds appropriated by this Act may be made
available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation
over Crimea;
(B) the facilitation, financing, or guarantee of
United States Government investments in Crimea, if such
activity includes the participation of Russian
Government officials, and Russian owned and controlled
banks, or other Russian Government owned and controlled
financial entities; or
(C) assistance for Crimea, if such assistance
includes the participation of Russian Government
officials, and Russian owned and controlled banks, and
other Russian Government owned and controlled financial
entities.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such institution
(including but not limited to any loan, credit, or guarantee)
for any program that violates the sovereignty or territorial
integrity of Ukraine.
(4) The requirements and limitations of subsection (b)
shall cease to be in effect if the Secretary of State certifies
and reports to the Committees on Appropriations that the
Government of Ukraine has reestablished sovereignty over
Crimea.
(c) Assistance to Reduce Vulnerability and Pressure.--Funds
appropriated by this Act for assistance for the Eastern Partnership
countries shall be made available to advance the implementation of
Association Agreements, trade agreements, and visa liberalization
agreements with the European Union, and to reduce their vulnerability
to external economic and political pressure from the Russian
Federation.
(d) Democracy Programs.--Funds appropriated by this Act shall be
made available to support the advancement of democracy and the rule of
law in the Russian Federation, including to promote Internet freedom,
and shall also be made available to support the democracy and rule of
law strategy required by section 7071(d) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113-76).
(e) Reports.--Not later than 45 days after enactment of this Act,
the Secretary of State shall update the reports required by section
7071(b)(2), (c), and (e) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014 (division K
of Public Law 113-76).
international monetary fund
Sec. 7071. (a) Transparency and Accountability.--The terms and
conditions of sections 7086(b) (1) and (2) and 7090(a) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117) shall apply
to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private creditors.
special defense acquisition fund
Sec. 7072. Not to exceed $900,000,000 may be obligated pursuant to
section 51(c)(2) of the Arms Export Control Act for the purposes of the
Special Defense Acquisition Fund (Fund), to remain available for
obligation until September 30, 2018: Provided, That the provision of
defense articles and defense services to foreign countries or
international organizations from the Fund shall be subject to the
concurrence of the Secretary of State.
countering violent extremism
Sec. 7073. (a) Strengthening the State System.--Funds appropriated
by this Act for counterterrorism programs shall include programs to
strengthen governance in states whose stability and legitimacy are
threatened by Islamic or other extremist groups.
(b) Countering Foreign Terrorist Fighters.--Funds appropriated by
this Act shall be made available for programs to counter the flow of
foreign terrorist fighters to countries in which Islamic or other
extremist groups operate.
(c) Countering Violent Extremism.--Funds appropriated by this Act
shall be made available for programs to reduce support for non-state
entities that engage in terrorist activities through messaging
campaigns to damage their appeal; programs to engage communities and
populations at risk of violent extremist radicalization and
recruitment; counter radicalization, rehabilitation, and reintegration
programs for potential and former violent extremists, including in
prisons; law enforcement training programs; and capacity building for
civil society organizations to combat radicalization in local
communities.
(d) Assistance for Fragile States.--Funds appropriated by this Act
shall be made available for programs that strengthen governance and
security in fragile states bordering countries whose stability and
legitimacy are threatened by Islamic or other extremists, as determined
by the Secretary of State.
(e) Coordinator and Report.--
(1) The Secretary of State shall designate, within the
Bureau of Counterterrorism, Department of State, a Countering
Violent Extremism Assistance Coordinator (the Coordinator) who
shall be responsible, consistent with the requirements of this
section, for--
(A) designing an overall assistance and cooperation
strategy for countering violent extremism, including
strengthening governance;
(B) ensuring program and policy coordination among
bureaus of the Department and other agencies of the
United States Government in countering extremism,
implementing security sector and governance reform
programs, and integrating all security sector and
civilian assistance authorities and initiatives to
counter violent extremism;
(C) pursuing coordination with other countries and
international organizations with respect to assistance
for countering extremism;
(D) ensuring United States assistance programs for
countering violent extremism funded by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs are
consistent with all applicable laws, regulations and
policies regarding the use of foreign assistance;
(E) ensuring proper management, implementation, and
oversight by agencies responsible for assistance
programs for countering violent extremism, including
consistent policy standards and metrics; and
(F) coordinating the uses of funds made available
pursuant to subsections (a) through (d) under titles
III and IV of this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs:
Provided, That the Secretary of State, in consultation with
the Administrator of the United States Agency for International
Development (USAID), shall designate a deputy coordinator, from
within USAID, to assist such coordinator.
(2) The Coordinator shall report to the Coordinator for
Counterterrorism, Department of State: Provided, That the
Coordinator for Counterterrorism shall be deemed to be the
equivalent rank of Assistant Secretary of State.
(3) Not later than September 30, 2016, the Secretary of
State shall submit a report to the appropriate congressional
committees detailing coordination mechanisms for programs to
counter terrorism and violent extremism abroad across United
States Government agencies, and a list of all such programs
conducted by such agencies, which may be submitted in
classified form, if necessary.
(f) Components of the Strategy.--The strategy required by
subsection (e)(1)(A) shall include the coherent integration of
counterterrorism, governance and security sector reform programs
proposed to be implemented from funds appropriated by this Act under
titles III and IV, including programs to counter violent extremism in
countries in which state systems are threatened by Islamic and other
extremists groups, programs to support states bordering such countries,
programs to strengthen governance in such states, and programs to
counter the radicalization and flow of foreign terrorist fighters:
Provided, That such strategy shall include details on funding by
country, account, and amount for each program: Provided further, That
such strategy shall also include a description of counterterrorism
training and equipment proposed to be provided: Provided further, That
the Secretary of State shall submit such strategy, in classified form
if necessary, to the appropriate congressional committees not later
than 180 days after enactment of this Act, and shall include
appropriate funding detail on programs supporting such strategy in the
report required by section 653(a) of the Foreign Assistance Act of
1961.
(g) Monitoring and Oversight.--(1) Prior to the obligation of funds
appropriated by this Act to implement such strategy, the Secretary of
State shall take all practicable steps to ensure that mechanisms are in
place for monitoring, oversight, and control of such assistance:
Provided, That the Secretary of State shall inform the appropriate
congressional committee of each significant instance in which
assistance provided pursuant to this subsection has been compromised,
to include the amount and type of assistance affected, a description of
the incident and parties involved, and an explanation of the response
of the Department of Department.
(2) Not later than 90 days after the Secretary of State
designates the Coordinator, the Coordinator shall submit a
report to the Committees on Appropriations detailing procedures
and mechanism for end-use monitoring, vetting procedures, and
oversight of security sector and civilian assistance made
available to implement the requirements of this section:
Provided, That such report shall include a description of the
limitations of United States Government personnel to areas in
which assistance is provided, and the oversight procedures for
such assistance in areas where access by such personnel is
limited.
enterprise funds
Sec. 7074. (a) Notification Requirement.--None of the funds made
available under titles III through VI of this Act may be made available
for Enterprise Funds unless the appropriate congressional committees
are notified at least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
use of funds in contravention of this act
Sec. 7075. If the President makes a determination not to comply
with any provision of this Act on constitutional grounds, the head of
the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program and
policy.
budget documents
Sec. 7076. (a) Operating Plans.--Not later than 45 days after the
date of enactment of this Act, each department, agency, or organization
funded in titles I, II, and VI of this Act, and the Department of the
Treasury and Independent Agencies funded in title III of this Act,
including the Inter-American Foundation and the United States African
Development Foundation, shall submit to the Committees on
Appropriations an operating plan for funds appropriated to such
department, agency, or organization in such titles of this Act, or
funds otherwise available for obligation in fiscal year 2016, that
provides details of the uses of such funds at the program, project, and
activity level: Provided, That such plans shall include, as
applicable, a comparison between the most recent congressional
directives or approved funding levels and the funding levels proposed
by the department or agency; and a clear, concise, and informative
description/justification: Provided further, That operating plans for
funds for such department, agency, or organization in titles I, II, or
III and title VIII, shall simultaneously submit the operating plans
for, and integrated information on, enduring and Overseas Contingency
Operations funds: Provided further, That operating plans that include
changes in levels of funding specified in this Act or in the report
accompanying this Act shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds, the Secretary
of State or Administrator of the United States Agency for
International Development (USAID), as appropriate, shall submit
to the Committees on Appropriations a detailed spend plan for
funds made available by this Act, for--
(A) assistance for Afghanistan, Colombia, Egypt,
Haiti, Iraq, Lebanon, Libya, Mexico, Pakistan, the West
Bank and Gaza, and Yemen;
(B) the Caribbean Basin Security Initiative; the
Central America Regional Security Initiative; the
Trans-Sahara Counterterrorism Partnership; the
Partnership for Regional East Africa Counterterrorism;
the West Africa Regional Security Initiative; the
Global Peace Operations Initiative, including Africa
Contingency Operations Training and Assistance; the
African Peacekeeping Rapid Response Partnership; the
Africa Conflict Stabilization and Border Security
program; the African Military Education Program; the
Africa Maritime Security Initiative; the Security
Governance Initiative; the Africa Regional Counter-
Terrorism Fund; the Counterterrorism Partnerships Fund;
the Regional Security Initiative; the Africa Capacity
for Immediate Crisis Response program; and the
Southeast Asia Maritime Security Law Enforcement
Initiative: Provided, That the spend plan for such
programs shall include the amount of assistance planned
for each country by account; and
(C) democracy programs and each sector enumerated
in section 7060 of this Act.
(2) Not later than 45 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available
by this Act under the headings ``Department of the Treasury''
in title III and ``International Financial Institutions'' in
title V.
(c) Spending Report.--Not later than 45 days after enactment of
this Act, the USAID Administrator shall submit to the Committees on
Appropriations a detailed report on spending of funds made available
during fiscal year 2015 under the heading ``Development Credit
Authority''.
(d) Notifications.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in
this Act or under section 634A of the Foreign Assistance Act of 1961.
(e) Congressional Budget Justification.--The Secretary of State and
the USAID Administrator shall include in the congressional budget
justification a detailed justification for multi-year availability for
any funds requested under the headings ``Diplomatic and Consular
Programs'' and ``Operating Expenses''.
records management, requests, and reports
Sec. 7077. (a)(1) Records Management.--Funds appropriated by this
Act under the headings ``Diplomatic and Consular Programs'' and
``Operating Expenses'' shall be made available for purposes of Federal
records management pursuant to the Federal Records Act (44 U.S.C.
Chapters 21, 29, 31, and 33) and other applicable Federal records
management statutes, regulations, or policies for the Department of
State and the United States Agency for International Development
(USAID): Provided, That no such funds may be made available to such
agencies to support the use or establishment of email accounts or email
servers created outside the .gov domain or not fitted for automated
records management as part of a Federal government records management
program.
(2)(A) Reports.--Not later than 90 days after enactment of this
Act, the Secretary of State and USAID Administrator shall each submit a
report to the appropriate congressional committees and to the National
Archives and Records Administration (NARA) detailing--
(i) the policy of each agency regarding the use or
establishment of email accounts or email servers
created outside the .gov domain or not fitted for
automated records management as part of a Federal
government records management program;
(ii) the extent to which each agency is in
compliance with applicable Federal records management
statutes, regulations, or policies; and
(iii) a description of existing cyber security
measures to mitigate vulnerabilities resulting from the
use of email accounts or email servers outside the .gov
domain.
(B) Reports assessment.--Not later than 120 days after the
submission of the reports required in subparagraph (A), the
Comptroller General of the United States, in consultation with
NARA, as appropriate, shall conduct an assessment of such
reports, and shall consult with the Committees on
Appropriations on the scope and requirements of such
assessment.
(b) Requests for Documents.--None of the funds appropriated or made
available pursuant to title III through VI of this Act shall be
available to a nongovernmental organization, including any contractor,
which fails to provide upon timely request any document, file, or
record necessary to the auditing requirements of the Department of
State and USAID.
(c) Public Posting of Reports.--
(1) Requirement.--Any agency receiving funds made available
by this Act shall, subject to paragraphs (2) and (3), post on
the publicly available Web site of such agency any report
required by this Act to be submitted to the Committees on
Appropriations, upon a determination by the head of such agency
that to do so is in the national interest.
(2) Exceptions.--Paragraph (1) shall not apply to a report
if--
(A) the public posting of such report would
compromise national security, including the conduct of
diplomacy; or
(B) the report contains proprietary, privileged, or
sensitive information.
(3) Timing and intention.--The head of the agency posting
such report shall, unless otherwise provided for in this Act,
do so only after such report has been made available to the
Committees on Appropriations for not less than 45 days:
Provided, That any report required by this Act to be submitted
to the Committees on Appropriations shall include information
from the submitting agency on whether such report will be
publicly posted.
(d) Sunset of Reports.--
(1) Effective September 30, 2017, each report described in
paragraph (2) that is still required to be submitted to
Congress as of such effective date shall no longer be required
to be submitted to Congress upon notification of the Committees
on Appropriations, unless otherwise directed by a subsequent
Act.
(2) A report described in this subsection is a report that
is required to be submitted at regular periodic intervals to
Congress by any prior Act making appropriations for the
Department of State, foreign operations, and related programs
and that is prepared primarily by the Department of State,
USAID, or by any officer, official, component, or element of
the Department or USAID, by a provision of statute (including
title 22, United States Code, and any annual appropriations or
authorization Act) as of April 1, 2015.
(3) This subsection shall not apply to reports required to
be submitted by the Department of State or USAID Office of the
Inspector General.
global internet freedom
Sec. 7078. (a) Funding.--Of the funds available for obligation
during fiscal year 2016 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', and ``Democracy Fund'', not
less than $50,500,000 shall be made available for programs to promote
Internet freedom globally: Provided, That such programs shall be
prioritized for countries whose governments restrict freedom of
expression on the Internet, and that are important to the national
interests of the United States: Provided further, That funds made
available pursuant to this section shall be matched, to the maximum
extent practicable, by sources other than the United States Government,
including from the private sector.
(b) Requirements.--Funds made available pursuant to subsection (a)
shall be--
(1) coordinated with other democracy, governance, and
broadcasting programs funded by this Act under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', ``Complex Crises Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', and shall
be incorporated into country assistance, democracy promotion,
and broadcasting strategies, as appropriate;
(2) made available to the Bureau of Democracy, Human
Rights, and Labor, Department of State for programs to
implement the May 2011, International Strategy for Cyberspace
and the comprehensive strategy to promote Internet freedom and
access to information in Iran, as required by section 414 of
the Iran Threat Reduction and Syria Human Rights Act of 2012
(22 U.S.C. 8754);
(3) made available to the Broadcasting Board of Governors
(BBG) to provide tools and techniques to access the Web sites
of BBG broadcasters that are censored, and to work with such
broadcasters to promote and distribute such tools and
techniques, including digital security techniques;
(4) made available for programs that support the efforts of
civil society to counter the development of repressive
Internet-related laws and regulations, including countering
threats to Internet freedom at international organizations; to
combat violence against bloggers and other users; and to
enhance digital security training and capacity building for
democracy activists; and
(5) made available for research of key threats to Internet
freedom; the continued development of technologies that provide
or enhance access to the Internet, including circumvention
tools that bypass Internet blocking, filtering, and other
censorship techniques used by authoritarian governments; and
maintenance of the United States Government technological
advantage over such censorship techniques: Provided, That the
Secretary of State, in consultation with the BBG, shall
coordinate any such research and development programs with
other relevant United States Government departments and
agencies in order to share information, technologies, and best
practices, and to assess the effectiveness of such
technologies.
(c) Coordination and Spend Plans.--After consultation among the
relevant agency heads to coordinate and de-conflict planned activities,
but not later than 90 days after enactment of this Act, the Secretary
of State and the BBG Chairman shall submit to the Committees on
Appropriations spend plans for funds made available by this Act for
programs to promote Internet freedom globally, which shall include a
description of safeguards established by relevant agencies to ensure
that such programs are not used for illicit purposes.
disability programs
Sec. 7079. (a) Assistance.--Funds appropriated by this Act under
the heading ``Economic Support Fund'' shall be made available for
programs and activities administered by the United States Agency for
International Development (USAID) to address the needs and protect and
promote the rights of people with disabilities in developing countries,
including initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation, sports,
and integration of individuals with disabilities, including for the
cost of translation.
(b) Management, Oversight, and Technical Support.--Of the funds
made available pursuant to this section, 5 percent may be used for
USAID for management, oversight, and technical support.
impact on jobs in the united states
Sec. 7080. None of the funds appropriated or otherwise made
available under titles III through VI of this Act or any other Act
making appropriations for the Department of State, foreign operations,
and related programs may be obligated or expended to provide--
(1) for fiscal year 2016, any financial incentive to a
business enterprise currently located in the United States for
the purpose of inducing such an enterprise to relocate outside
the United States if such incentive or inducement is likely to
reduce the number of employees of such business enterprise in
the United States because United States production is being
replaced by such enterprise outside the United States;
(2) for fiscal year 2016, assistance for any program,
project, or activity that contributes to the violation of
internationally recognized workers rights, as defined in
section 507(4) of the Trade Act of 1974, of workers in the
recipient country, including any designated zone or area in
that country: Provided, That the application of section
507(4)(D) and (E) of such Act should be commensurate with the
level of development of the recipient country and sector, and
shall not preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and smallholder
agriculture;
(3) for fiscal year 2016, any assistance to an entity
outside the United States if such assistance is for the purpose
of directly relocating or transferring jobs from the United
States to other countries and adversely impacts the labor force
in the United States; or
(4) for fiscal year 2016, for the enforcement of any rule,
regulation, or policy, or guidelines implemented pursuant to--
(A) the third proviso of subsection 7079(b) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public
Law 111-117);
(B) the modification proposed by the Overseas
Private Investment Corporation in November 2013 to the
Corporation's Environmental and Social Policy Statement
relating to coal;
(C) the Supplemental Guidelines for High Carbon
Intensity Projects approved by the Export-Import Bank
of the United States on December 12, 2013; or
(D) the World Bank Group's Directions for the World
Bank Group's Energy Sector released on July 16, 2013,
when enforcement of such rule, regulation, policy, or
guidelines would prohibit, or have the effect of prohibiting,
any coal-fired or other power-generation project the purpose of
which is to increase exports of goods and services from the
United States and provide affordable electricity to people who
lack access to electricity, or prevent the loss of jobs in the
United States.
countries impacted by significant refugee populations or internally
displaced persons
Sec. 7081. (a) Programs.--Funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support Fund'' shall
be made available for programs to assist significant populations of
internally displaced persons or refugees in countries in conflict:
Provided, That such funds shall be made available for programs to
leverage increased assistance from donors other than the United States
Government for central governments and local communities in such
countries: Provided further, That the purposes of such assistance
shall include activities to--
(1) expand and improve host government social services and
basic infrastructure to accommodate the needs of such
populations and persons;
(2) alleviate the social and economic strains placed on
host communities; and
(3) improve coordination of such assistance in a more
effective and sustainable manner.
(b) Report on Expanding Access to Financing for Certain Middle
Income Countries.--Not later than 90 days after enactment of this Act,
the Secretary of State, in consultation with the Secretary of the
Treasury, the Administrator of the United States Agency for
International Development, and the Chief Executive Officer of the
Millennium Challenge Corporation (MCC), shall submit a report to the
Committees on Appropriations on the economic and developmental impact
of significant refugee populations or internally displaced persons on
host communities and national economies in affected countries:
Provided, That such report shall include--
(1) specific recommendations for expanding access for
middle income countries to grants and concessional financing on
favorable terms from international financial institutions to
mitigate such impacts;
(2) an assessment of hybrid financial models that combine
international financial institution lending programs with
bilateral grant resources to accelerate development-led
solutions to such impacts; and
(3) an assessment of the implications for the MCC of
modifying MCC eligibility requirements for new and ongoing
projects that mutually benefit refugee populations and host
communities in such countries:
Provided further, That following the submission of the report, the
Secretary of State shall regularly update the appropriate congressional
committees on implementation of the recommendations in paragraph (1).
north american development bank
Sec. 7082. Part 2 of Subtitle D of title V of Public Law 103-182,
as amended (22 U.S.C. 290m et seq.), is further amended by adding at
the end thereof the following new section:
``SEC. 547. FIRST CAPITAL INCREASE.
``(a) Subscription Authorized.--
``(1) The Secretary of the Treasury may subscribe on behalf
of the United States to 150,000 additional shares of the
capital stock of the Bank.
``(2) Any subscription by the United States to the capital
stock of the Bank shall be effective only to such extent and in
such amounts as are provided in advance in appropriations Act.
``(b) Limitations on Authorization of Appropriations.--
``(1) In order to pay for the increase in the United States
subscription to the Bank under subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$1,500,000,000 for payment by the Secretary of the Treasury.
``(2) Of the amount authorized to be appropriated under
paragraph (1)--
``(A) $225,000,000 shall be for paid in shares of
the Bank; and
``(B) $1,275,000,000 shall be callable shares of
the Bank.''.
country focus and selectivity
Sec. 7083. (a) Transition Plan Requirement.--Any country assistance
strategy developed after the date of enactment of this Act for the
provision of assistance for a foreign country shall include a
transition plan for such assistance to be provided through other
international donor support and budget support by the respective
foreign government: Provided, That such transition plan shall be
developed by the Department of State and United States Agency for
International Development (USAID), in consultation with such foreign
government and local civil society, as appropriate.
(b) Pilot Program.--Not later than 180 days after enactment of this
Act, the Secretary of State, in consultation with the USAID
Administrator and the appropriate congressional committees, shall
develop and implement a pilot program to gradually decrease assistance
for at least two countries receiving assistance under this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs that--
(1) are historical or long-time recipients of such
assistance;
(2) not engaged in regional conflict, or impacted by large
numbers of internally displaced persons or significant refugee
populations; and
(3) are not vital to the national security interest of the
United States, as determined by the Secretary of State:
Provided, That such gradual decrease may occur over a period no
longer than 5 years, and shall exclude democracy programs and disaster
assistance.
rescission of funds
(including rescission of funds)
Sec. 7084. (a) Bilateral Economic Assistance.--Of the funds
appropriated in prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the heading
``Bilateral Economic Assistance, Funds Appropriated to the President,
Economic Support Fund'', $205,125,000 are rescinded.
(b) International Security Assistance.--Of the funds appropriated
in prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading
``International Security Assistance, Department of State, International
Narcotics Control and Law Enforcement'', $159,691,000 are rescinded.
(c) Limitation.--None of the amounts in this section may be
rescinded from amounts that were designated by Congress as an emergency
requirement or 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.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular Programs'',
$1,884,569,000, to remain available until September 30, 2017, of which
$1,300,393,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $10,000,000 of the total funds made available under this
heading to any other appropriation of any department or agency of the
United States, upon the concurrence of the head of such department or
agency, to support operations in and assistance for Afghanistan and to
carry out the provisions of the Foreign Assistance Act of 1961:
Provided further, That any such transfer shall be treated as a
reprogramming of funds under subsections (a) and (b) of section 7015 of
this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That such amount is designated by 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.
conflict stabilization operations
For an additional amount for ``Conflict Stabilization Operations'',
$10,000,000, to remain available until expended: Provided, That such
amount is designated by 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.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$66,600,000, to remain available until September 30, 2017, of which
$56,900,000 shall be for the Special Inspector General for Afghanistan
Reconstruction (SIGAR) for reconstruction oversight: Provided, That
printing and reproduction costs shall not exceed amounts for such costs
during fiscal year 2015: Provided further, That notwithstanding any
other provision of law, any employee of SIGAR who completes at least 12
months of continuous service after the date of enactment of this Act or
who is employed on the date on which SIGAR terminates, whichever occurs
first, shall acquire competitive status for appointment to any position
in the competitive service for which the employee possesses the
required qualifications: Provided further, That such amount is
designated by 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.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $134,800,000, to remain available until expended, of
which $124,000,000 shall be for Worldwide Security Upgrades,
acquisition, and construction as authorized: Provided, That such
amount is designated by 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.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $52,100,000: Provided, That such amount is designated
by 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.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $505,000,000, to remain available until
September 30, 2017: Provided, That such amount is designated by
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.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $6,300,000, to remain available until September 30, 2017:
Provided, That such amount is designated by 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.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $139,262,000,
to remain available until September 30, 2017: Provided, That such
amount is designated by 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.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$1,037,000,000, to remain available until expended: Provided, That
such amount is designated by 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.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$20,000,000, to remain available until expended: Provided, That such
amount is designated by 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.
economic support fund
For an additional amount for ``Economic Support Fund'',
$2,019,034,000, to remain available until September 30, 2017:
Provided, That such amount is designated by 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.
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe, Eurasia and
Central Asia'', $410,869,000, to remain available until September 30,
2017: Provided, That such amount is designated by 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.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$1,251,114,000, to remain available until expended: Provided, That
such amount is designated by 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.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $284,000,000, to remain available until September
30, 2017: Provided, That such amount is designated by 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.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', $262,521,000, to remain available
until September 30, 2017: Provided, That such amount is designated by
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.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$210,000,000, to remain available until September 30, 2017: Provided,
That such amount is designated by 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.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $1,186,868,000, to remain available until September 30,
2017: Provided, That such amount is designated by 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.
GENERAL PROVISIONS
additional appropriations
Sec. 8001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amounts appropriated or
otherwise made available in this Act for fiscal year 2016.
extension of authorities and conditions
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to appropriations
accounts in this Act shall be available under the authorities and
conditions applicable to such appropriations accounts.
transfer and additional authority
Sec. 8003. (a) Funds appropriated by this title in this Act under
the headings ``Transition Initiatives'', ``Economic Support Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``International
Narcotics Control and Law Enforcement'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Peacekeeping
Operations'', and ``Foreign Military Financing Program'' may be
transferred to, and merged with--
(1) funds appropriated by this title under such headings;
and
(2) funds appropriated by this title under the headings
``International Disaster Assistance'' and ``Migration and
Refugee Assistance''.
(b) Notwithstanding any other provision of this section, not to
exceed $15,000,000 from funds appropriated under the headings
``International Narcotics Control and Law Enforcement'', ``Peacekeeping
Operations'', and ``Foreign Military Financing Program'' by this title
in this Act may be transferred to, and merged with, funds previously
made available under the heading ``Global Security Contingency Fund'':
Provided, That not later than 15 days prior to making any such
transfer, the Secretary of State shall notify the Committees on
Appropriations on a country basis, including the implementation plan
and timeline for each proposed use of such funds.
(c) The transfer authority provided in subsections (a) and (b) may
only be exercised to address contingencies.
(d) The transfer authority provided in subsections (a) and (b)
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That such transfer authority is in addition to any transfer
authority otherwise available under any other provision of law,
including section 610 of the Foreign Assistance Act of 1961 which may
be exercised by the Secretary of State for the purposes of this title.
designation requirement
Sec. 8004. Each amount designated in this title of this Act by
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 shall be available (or rescinded,
if applicable) only if the President subsequently so designates all
such amounts and transmits such designations to Congress.
rescission of funds
Sec. 8005. (a) Bilateral Economic Assistance.--Of the funds
appropriated in prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the heading
``Bilateral Economic Assistance, Funds Appropriated to the President,
Economic Support Fund'' and designated by 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, $194,540,000 are rescinded.
(b) International Security Assistance.--Of the funds appropriated
in prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading
``International Security Assistance, Department of State, International
Narcotics Control and Law Enforcement'' and designated by 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, $27,497,000 are rescinded.
TITLE IX
HUMANITARIAN EMERGENCY RESPONSE
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$298,000,000, to remain available until expended, for necessary
expenses to address humanitarian crises globally: Provided, That of
the funds appropriated under this heading, up to $150,000,000 may be
made available for assistance for Nepal for earthquake relief,
recovery, and reconstruction: Provided further, That such amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$461,000,000, to remain available until expended, for necessary
expenses to address humanitarian crises globally: Provided, That such
amount is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
General Provisions
additional appropriations
Sec. 9001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amount appropriated or
otherwise made available in this Act for fiscal year 2016.
extension of authority and conditions
Sec. 9002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to appropriations
accounts in this Act shall be available under the authorities and
conditions applicable to such appropriations accounts.
transfer authority
Sec. 9003. Funds appropriated by this title in this Act under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' may be transferred to, and merged with, funds
appropriated by this title under such headings, subject to the regular
notification procedures of the Committees on Appropriations.
reporting requirement
Sec. 9004. Not later than September 30, 2016, the Secretary of
State shall submit a report to the Committees on Appropriations on the
uses of such funds, including unobligated and unexpended balances, as
appropriate.
designation requirement
Sec. 9005. Each amount designated in this title of this Act by
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 shall be available only if the President subsequently so
designates all such amounts and transmits such designations to
Congress.
TITLE X
OTHER MATTERS
MULTILATERAL ASSISTANCE
International Monetary Programs
united states quota, international monetary fund direct loan program
account
For an increase in the United States quota in the International
Monetary Fund, the dollar equivalent of 40,871,800,000 Special Drawing
Rights, to remain available until expended: Provided, That
notwithstanding the provisos under the heading ``International
Assistance Programs--International Monetary Programs--United States
Quota, International Monetary Fund'' in the Supplemental Appropriations
Act, 2009 (Public Law 111-32), the costs of the amounts provided under
this heading in this Act and in Public Law 111-32 shall be estimated on
a present value basis, excluding administrative costs and any
incidental effects on governmental receipts or outlays: Provided
further, That for purposes of the previous proviso, the discount rate
for purposes of the present value calculation shall be the appropriate
interest rate on marketable Treasury securities: Provided further,
That section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, shall not apply to amounts under this
heading.
loans to the international monetary fund direct loan program account
(including rescission of funds)
Of the amounts provided under the heading ``International
Assistance Programs--International Monetary Programs--Loans to
International Monetary Fund'' in the Supplemental Appropriations Act,
2009 (Public Law 111-32), the dollar equivalent of 40,871,800,000
Special Drawing Rights is hereby permanently cancelled as of the date
when the rollback of the United States credit arrangement in the New
Arrangements to Borrow of the International Monetary Fund is effective,
but no earlier than when the increase of the United States quota
authorized in section 72 of the Bretton Woods Agreements Act (22 U.S.C.
286 et seq.) becomes effective: Provided, That notwithstanding the
second through fourth provisos under the heading ``International
Assistance Programs--International Monetary Programs--Loans to
International Monetary Fund'' in Public Law 111-32, the costs of the
amounts under this heading in this Act and in Public Law 111-32 shall
be estimated on a present value basis, excluding administrative costs
and any incidental effects on governmental receipts or outlays:
Provided further, That for purposes of the previous proviso, the
discount rate for purposes of the present value calculation shall be
the appropriate interest rate on marketable Treasury securities:
Provided further, That section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, shall not apply to
amounts under this heading.
GENERAL PROVISIONS
AMENDMENTS TO THE BRETTON WOODS AGREEMENTS ACT
Sec. 10001. (a) Section 17 of the Bretton Woods Agreements Act (22
U.S.C. 286e-2) is amended in subsections (b)(1) and (b)(2) by adding at
the end in both subsections, after ``Fund'', ``only to the extent that
such amounts are not subject to cancellation''.
(b) The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is
amended by adding at the end the following:
``SEC. 71. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES OF AGREEMENT OF THE
FUND.
``The United States Governor of the Fund may accept the amendments
to the Articles of Agreement of the Fund as proposed in resolution 66-2
of the Board of Governors of the Fund.
``SEC. 72. QUOTA INCREASE.
``(a) In General.--The United States Governor of the Fund may
consent to an increase in the quota of the United States in the Fund
equivalent to 40,871,800,000 Special Drawing Rights.
``(b) Subject to Appropriations.--The authority provided by
subsection (a) shall be effective only to such extent or in such
amounts as are provided in advance in appropriations Acts.''.
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2016''.
Calendar No. 249
114th CONGRESS
1st Session
S. 2130
_______________________________________________________________________
A BILL
Making appropriations for Department of Defense, energy and water
development, Department of Homeland Security, military construction,
Department of Veterans Affairs, and Department of State, foreign
operations, and related programs for the fiscal year ending September
30, 2016, and for other purposes.
_______________________________________________________________________
October 6, 2015
Read the second time and placed on the calendar