Bill summaries are authored by CRS.

Shown Here:
Public Law No: 114-113 (12/18/2015)

Highlights:

The Consolidated Appropriations Act, 2016 provides FY2016 appropriations; extends expiring tax provisions; and affects policies in areas including oil exports, intelligence, cybersecurity, health care, financial services, visa waivers, and conservation.

The bill provides appropriations for the federal government through the end of FY2016. The twelve regular appropriations bills included in the divisions of the bill increase discretionary spending above FY2015 levels, which reflects the increased discretionary spending limits included in the Bipartisan Budget Act of 2015.

The bill also includes Overseas Contingency Operations and emergency funding which is not subject to discretionary spending limits.

The bill includes authorizing provisions that:

  • reauthorize intelligence programs;
  • create a voluntary cybersecurity information sharing process and modify federal network information security procedures;
  • end the ban on U.S. crude oil exports;
  • modify procedures for the Visa Waiver Program;
  • reauthorize health and compensation programs for 9/11 first responders;
  • extend or make permanent expiring tax provisions;
  • adjust Medicare payment rates for hospitals in Puerto Rico;
  • suspend several tax provisions included in the Patient Protection and Affordable Care Act (PPACA);
  • modify financial services laws related to issues including the sale of the Department of the Treasury's preferred stock in Fannie Mae and Freddie Mac, the confidentiality of information shared with regulators, and affiliate transactions;
  • reauthorize the Land and Water Conservation Fund;
  • authorize direct loans to Iraq; and
  • authorize grants to better understand and utilize the oceans, coasts, and Great Lakes.

The bill exempts specified provisions that affect revenues or direct spending from the Statutory Pay-As-You-Go Act of 2010 (PAYGO), the Senate PAYGO rule, and discretionary spending limits.

Full Summary:

Consolidated Appropriations Act, 2016

(Sec. 3) Provides that references to "this Act" included in any division refer only to the provisions of the division unless the bill expressly provides otherwise.

(Sec. 4) Provides that the explanatory statement printed in the Congressional Record regarding this bill has the same effect as a joint explanatory statement of a committee of conference.

(Sec. 5) Provides that the sums in this bill are appropriated for FY2016.

(Sec. 6) Provides that amounts designated by this bill for Overseas Contingency Operations/ Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are only available (or rescinded, if applicable) if the President subsequently designates the amounts and transmits the designations to Congress.

(Sec. 7) Permits the Office of Management and Budget (OMB) to make specified adjustments to discretionary spending limits to account for estimating differences with the Congressional Budget Office (CBO).

(Sec. 8) Amends the Continuing Appropriations Act, 2016 to make technical corrections.

(Sec. 9) Prohibits cost of living adjustments for Members of Congress during FY2016.

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016

DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016

The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016 provides FY2016 appropriations for the Department of Agriculture (USDA), except for the Forest Service which is included in the Interior, Environment, and Related Agencies division of this bill.

It also provides appropriations for the Food and Drug Administration (FDA), the Commodity Futures Trading Commission (CFTC), and the Farm Credit Administration.

This division includes both discretionary and mandatory funding. The mandatory funding levels are generally set by authorizing legislation such as the farm bill and are frequently limited in the agriculture appropriations bill.

The division increases discretionary funding for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies above FY2015 levels.

TITLE I--AGRICULTURAL PROGRAMS

Provides appropriations for the following agricultural programs and services:

  • the Office of the Secretary;
  • Executive Operations;
  • the Office of the Chief Information Officer;
  • the Office of the Chief Financial Officer;
  • the Office of the Assistant Secretary for Civil Rights;
  • the Office of Civil Rights;
  • Agriculture Buildings and Facilities;
  • Hazardous Materials Management;
  • the Office of Inspector General;
  • the Office of the General Counsel;
  • the Office of Ethics;
  • the Office of the Under Secretary for Research, Education, and Economics;
  • the Economic Research Service;
  • the National Agricultural Statistics Service;
  • the Agricultural Research Service;
  • the National Institute of Food and Agriculture;
  • the Office of the Under Secretary for Marketing and Regulatory Programs;
  • the Animal and Plant Health Inspection Service;
  • the Agricultural Marketing Service;
  • the Grain Inspection, Packers and Stockyards Administration;
  • the Office of the Under Secretary for Food Safety;
  • the Food Safety and Inspection Service;
  • the Office of the Under Secretary for Farm and Foreign Agricultural Services;
  • the Farm Service Agency;
  • the Risk Management Agency;
  • the Federal Crop Insurance Corporation Fund; and
  • the Commodity Credit Corporation Fund.

TITLE II--CONSERVATION PROGRAMS

Provides appropriations for the Office of the Under Secretary for Natural Resources and Environment.

Provides appropriations to the Natural Resources Conservation Service for Conservation Operations and the Watershed Rehabilitation Program.

TITLE III--RURAL DEVELOPMENT PROGRAMS

Provides appropriations for Rural Development Programs including:

  • the Office of the Under Secretary for Rural Development,
  • Rural Development,
  • the Rural Housing Service,
  • the Rural Business--Cooperative Service, and
  • the Rural Utilities Service.

TITLE IV--DOMESTIC FOOD PROGRAMS

Provides appropriations for the Office of the Under Secretary for Food, Nutrition, and Consumer Services.

Provides appropriations to the Food and Nutrition Service for:

  • Child Nutrition Programs;
  • the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC);
  • the Supplemental Nutrition Assistance Program (SNAP, formerly known as food stamps);
  • the Commodity Assistance Program; and
  • Nutrition Programs Administration.

TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS

Provides appropriations for the Foreign Agricultural Service, including:

  • the Food for Peace Act (P.L. 480) and
  • the McGovern-Dole International Food for Education and Child Nutrition Program.

TITLE VI--RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

Provides appropriations to the Department of Health and Human Services (HHS) for the Food and Drug Administration (FDA).

Provides appropriations to independent agencies, including the Commodity Futures Trading Commission (CFTC) and the Farm Credit Administration (FCA).

TITLE VII--GENERAL PROVISIONS

Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts.

(Sec. 701) Permits USDA to use funds provided by this division for the purchase, replacement, and hire of passenger motor vehicles.

(Sec. 702) Permits USDA to transfer unobligated balances to the Working Capital Fund for the acquisition of plant and capital equipment for financial, administrative, and information technology services. Permits the transferred funds to remain available until expended and specifies restrictions on the use of the funds.

(Sec. 703) Prohibits appropriations provided by this division from remaining available for obligation beyond the current fiscal year unless the division expressly provides otherwise.

(Sec. 704) Limits negotiated indirect costs on cooperative agreements between USDA and nonprofit institutions to 10% of the total direct cost of the agreement.

(Sec. 705) Permits appropriations for direct and guaranteed loans to remain available until expended to disburse obligations made in the current fiscal year for: (1) the Rural Development Loan Fund program account, (2) the Rural Electrification and Telecommunication Loans program account, and (3) the Rural Housing Insurance Fund program account.

(Sec. 706) Prohibits USDA from using funds provided by this division to acquire or upgrade information technology systems without approval of the Chief Information Officer (CIO) and the Executive Information Technology Investment Review Board. Restricts the transfer of funds made available by this bill to the CIO without prior approval of Congress. Requires the CIO to approve specified information technology projects.

(Sec. 707) Permits specified FY2016 funds provided under the Federal Crop Insurance Act for agricultural management assistance to remain available until expended to disburse obligations made in the current fiscal year.

(Sec. 708) Makes a former Rural Utility Service borrower that has repaid or prepaid a loan under the Rural Electrification Act of 1936 or any not-for profit utility qualified to receive a loan under the Act eligible for rural economic development and job creation assistance in the same manner as a borrower.

(Sec. 709) Permits up to $20 million of the unobligated balances from appropriations by this division for salaries and expenses of the Farm Service Agency to remain available through FY2017 for information technology expenses.

Permits unobligated balances from appropriations by this division for salaries and expenses for the Rural Development mission area to remain available for information technology expenses through FY2017.

(Sec. 710) Prohibits funds provided by this division from being used for first-class travel by employees of agencies funded by this division.

(Sec. 711) Provides that Commodity Credit Corporation funds authorized or required to be used for specified programs included in the Agricultural Act of 2014: (1) shall be available for salaries and administrative expenses associated with the programs without regard to allotment and transfer limits, and (2) shall not be considered to be a fund transfer or allotment for purposes of applying the limits.

(Sec. 712) Limits funds available for USDA advisory committees, panels, commissions, and task forces.

(Sec. 713) Prohibits funds provided by this division from being used to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture that exceed 30% of total federal funds provided under each award.

(Sec. 714) Limits funds that may be used for the following programs:

  • the Watershed Rehabilitation Program;
  • the Environmental Quality Incentives Program;
  • the Biomass Crop Assistance Program; and
  • the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program.

(Sec. 715) Limits funds for the following domestic food assistance categories: (1) Child Nutrition Programs Entitlement Commodities, (2) State Option Contracts, and (3) Removal of Defective Commodities.

Limits FY2016 funds for the Fresh Fruit and Vegetable Program that provides fruit and vegetables to students in participating elementary schools.

Prohibits USDA from using funds for payments authorized by Section 32 of the Agricultural Adjustment Act of 1935 to increase purchasing power of agricultural producers or for surplus removal or price support activities authorized by the Commodity Credit Corporation Charter Act.

(Section 32 is a program created to assist agricultural producers of non-price-supported commodities and is funded by a permanent appropriation of a portion of the previous year's customs receipts less certain mandatory transfers to child nutrition and other programs. This provision effectively prohibits the use of Section 32 for emergency disaster payments.)

Rescinds specified unobligated balances provided for domestic food assistance programs.

(Sec. 716) Prohibits the use of funds to prepare proposals for the President's budget that assume savings from certain user fee proposals without identifying additional spending reductions that should occur if the proposals are not enacted.

(Sec. 717) Sets forth procedures, requirements, and restrictions for reprogramming and transferring funds provided by this division.

(Sec. 718) Permits USDA to assess a one-time fee for any guaranteed business and industry loan in an amount that does not exceed 3% of the guaranteed principal portion of the loan.

(Sec. 719) Prohibits funds from being used to provide questions or responses to questions requested for the appropriations hearing process to anyone not employed by an agency funded by this division.

(Sec. 720) Prohibits any executive branch agency from using funds provided by this division to produce a prepackaged news story for U.S. broadcast or distribution unless it includes clear notification that it was produced or funded by the agency.

(Sec. 721) Prohibits USDA employees from being detailed to any other USDA agency or office for more than 60 days in a fiscal year unless the individual's employing agency is reimbursed by the receiving agency for the salary and expenses of the employee.

(Sec. 722) Prohibits the use of funds provided by this division to provide nonrecourse marketing assistance loans for mohair.

(Sec. 723) Directs the agencies funded by this division to submit spending plans to Congress.

(Sec. 724) Provides that funds for title II of the Food for Peace Act may only be used to assist nations if the U.S. Agency for International Development (USAID) determines that adequate monitoring and controls exist to ensure that food aid is received by the intended beneficiaries in areas affected by food shortages and not diverted for unauthorized or inappropriate purposes.

(Sec. 725) Appropriates funds for direct reimbursement payments for geographically disadvantaged farmers or ranchers to transport agricultural commodities.

(Sec. 726) Requires USDA to establish an intermediary loan packaging program based on the FY2013 pilot program for packaging and reviewing section 502 single family direct loans. (The loan program assists low-income applicants in purchasing homes in rural areas. Funds may also be used to build, repair, or renovate a house, including providing water and sewage facilities.)

(Sec. 727) Permits USDA to increase the program level by up to 25% for certain loans and loan guarantees that do not require budget authority and have program levels established by this division. Requires congressional notification prior to implementing any increase.

(Sec. 728) Provides appropriations to remain available until expended for the Emergency Watershed Protection Program, the Emergency Forestry Restoration Program, and the Emergency Conservation Program. Designates specified funds as being for disaster relief.

(Sec. 729) Provides that certain credit card refunds or rebates transferred to the Working Capital Fund: (1) shall not be available for obligation without congressional approval; and (2) shall only be available for acquisition of plant and capital equipment for USDA financial, administrative, and information technology services.

(Sec. 730) Prohibits funds provided by this bill from being used to procure processed poultry products from China for the National School Lunch Program, the Child and Adult Food Care Program, the Summer Food Service Program, or the School Breakfast Program.

(Sec. 731) Permits USDA to respond to a community with inadequate drinking water supplies due to a natural disaster by providing potable water through the Emergency Community Water Assistance Grant Program for up to 120 days beyond the time period established in the program.

(Sec. 732) Specifies the matching requirements that apply to funds appropriated for the Agriculture and Food Research Initiative.

(Sec. 733) Requires USDA to permit states to grant exemptions from whole grain requirements for the National School Lunch Program and the School Breakfast Program that took effect on or after July 1, 2014.

Requires states to establish a process for responding to exemption requests, provided that school food authorities demonstrate hardship in procuring whole grain products compliant with new standards and comply with whole grain standards in effect prior to July 1, 2014.

Prohibits funds from being used to implement regulations requiring a specified reduction in sodium in federally reimbursed meals, foods, and snacks sold in schools until the latest scientific research establishes that the reduction is beneficial for children.

(Sec. 734) Prohibits funds provided by this division from being used for the 2015 Dietary Guidelines for Americans unless USDA and HHS ensure that the guidelines are based on significant scientific agreement, and limited in scope to nutritional and dietary information.

(Sec. 735) Requires USDA to engage the National Academy of Medicine to study the entire process used to establish the Advisory Committee for the Dietary Guidelines and develop the Guidelines. Provides appropriations for the study.

(Sec. 736) Rescinds specified unobligated balances previously provided to USDA for the Common Computing Environment.

(Sec. 737) Prohibits the Food and Nutrition Service from using funds provided by this division for any new research and evaluation projects until after a research and evaluation plan is submitted to Congress.

(Sec. 738) Rescinds specified unobligated balances previously provided to USDA for the Rural Utilities Service.

(Sec. 739) Rescinds specified unobligated balances previously provided to USDA for the Natural Resources Conservation Service, the Rural-Business--Cooperative Service, and the Food and Nutrition Service.

(Sec. 740) Amends the Federal Agriculture Improvement and Reform Act of 1996 to restore the use of commodity certificates for the marketing loan program. (Commodity certificates are negotiable certificates that USDA sells to producers and exchanges for outstanding loan collateral to minimize forfeitures or the accumulation of stocks by the government. They have not been available since the 2009 crop year.)

(Sec. 741) Provides funds for state grants to local educational agencies and schools to purchase the equipment needed to serve healthier meals, improve food safety, and support the School Breakfast Program.

Provides funds for demonstration projects to develop and test methods of providing food for children in urban and rural areas during the summer months when schools are not in regular session.

(Sec. 742) Rescinds specified unobligated balances previously provided to USDA for the Natural Resources Conservation Service.

(Sec. 743) Sets forth the authorities that apply for USDA to provide loans for housing and buildings on adequate farms.

(Sec. 744) Provides funds to carry out the Rural Energy Savings Program to help rural families and small businesses achieve cost savings by providing loans to consumers to implement energy efficiency measures.

(Sec. 745) Permits specified unobligated balances of appropriations provided for the Emergency Watershed Protection Program to be available until expended for any disaster occurring during FY2016 and FY2017.

(Sec. 746) Prohibits funds provided by this division from being used for regulations to allow or require information intended for a prescribing health care professional, in the case of a drug or biological product, to be distributed electronically until a federal law is enacted to allow or require electronic distribution.

(Sec. 747) Prohibits the FDA from using funds for the rule entitled "Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments" until the later of: (1) December 1, 2016, or (2) one year after HHS publishes specified guidance for nutrition labeling of standard menu items in restaurants and similar retail food establishments.

(Sec. 748) Provides additional funds for Food for Peace Title II Grants for emergency and non-emergency purposes. Permits the funds for emergency purposes to be prioritized to respond to emergency food needs involving conflict in the Middle East and to address other urgent food needs around the world. Requires specified funds to be used to reimburse the Commodity Credit Corporation for the release of eligible commodities under the Bill Emerson Humanitarian Trust Act.

(Sec. 749) Prohibits the FDA from acknowledging applications for an exemption for investigational use of a drug or biological product in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Provides that any submission is deemed not to have been received, and the exemption may not go into effect.

(Sec. 750) Prohibits funds from being used to implement or enforce any provisions of the FDA Food Safety Modernization Act, with respect to the regulation of the distribution, sale, or receipt of dried spent grain byproducts of the alcoholic beverage production process, irrespective of whether the byproducts are solely intended for use as animal feed.

(Sec. 751) Rescinds specified unobligated balances from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and permits an equivalent amount of funding to be used for management information systems, including WIC electronic benefit transfer systems and activities.

(Sec. 752) Requires the Animal and Plant Health Inspection Service (APHIS) to:

  • establish a prioritization process for conducting audits or reviews of countries or regions that have received animal health status recognitions by APHIS; and
  • conduct audits that evaluate specified factors in the country or region being audited.

(Sec. 753) Prohibits funds provided by this division from being used to issue or renew licenses under the Animal Welfare Act for certain dealers who sell dogs and cats for research, experiments, teaching, or testing.

(Sec. 754) Prohibits the FDA from deeming partially hydrogenated oils to be unsafe or any food containing a partially hydrogenated oil to be adulterated prior to June 18, 2018.

(Sec. 755) Requires USDA to implement a provision of the Agricultural Act of 2014 related to the definition and inspections of catfish.

Requires HHS to implement a provision of the Federal Food, Drug, and Cosmetic Act requiring food that purports to be or is represented as catfish, to be deemed to be misbranded unless it is fish classified within the family Ictaluridae.

(Sec. 756) Appropriates funds for a pilot program to demonstrate new technologies that increase growth of re-forested hardwood trees on private nonindustrial forests lands on the coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 2005.

(Sec. 757) Provides appropriations to remain available until expended for implementing non-renewable agreements for wetlands preservation on eligible lands, including flooded agricultural lands.

(Sec. 758) Directs USDA to set aside specified additional funds for Rural Economic Area Partnership (REAP) Zones.

(Sec. 759) Amends the Agricultural Marketing Act of 1946 to repeal country of origin labeling requirements for beef and pork. (Country of origin labeling requirements are administered by USDA and require a retailer to inform consumers of the country of origin of a covered commodity.)

(Sec. 760) Permits USDA to receive certain information from federal tax returns to verify the income of individuals participating in loan programs under the Housing Act of 1949.

(Sec. 761) Prohibits the FDA from allowing any food that contains genetically engineered salmon until the FDA publishes final labeling guidelines for informing consumers of the content.

Requires specified FDA funds to be used to develop labeling guidelines and implement a program to disclose to consumers whether salmon offered for sale is genetically engineered.

(Sec. 762) Permits USDA to charge a fee for lenders to access UDA loan guarantee systems in connection with participation in the loan guarantee programs of the Rural Housing Service.

(Sec. 763) Prohibits funds provided by this division from being used: (1) in contravention of a provision of the Agricultural Act of 2014 that permits an institution of higher education or a state department of agriculture to grow or cultivate industrial hemp for research purposes; or (2) to prohibit the transportation, processing, sale, or use of industrial hemp that is grown or cultivated in accordance with the provision.

(Sec. 764) Provides additional funds to APHIS for the multiple-agency response to citrus greening.

(Sec. 765) Amends the Federal Food, Drug, and Cosmetic Act to extend the authority for the FDA to award priority review vouchers for treatments for rare pediatric diseases.

(Sec. 766) Specifies the acceptable uses of the terms "pollock", "Alaskan Pollock", and "Alaska Pollock" in the marketing and labeling of seafood.

(Sec. 767) Prohibits funds from being used to inspect horses for slaughter purposes.

Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016

DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016

The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016 provides FY2016 appropriations to the Department of Commerce, the Department of Justice, science agencies, and several related agencies.

This division funds agencies with a wide range of responsibilities for issues such as:

  • addressing violent crime, drug trafficking, financial fraud, terrorism, espionage, and cybercrime;
  • conducting the census;
  • forecasting the weather;
  • managing fisheries;
  • exploring space;
  • advancing science;
  • providing legal services for the poor;
  • enforcing employment discrimination laws; and
  • overseeing patents, trademarks, and trade policy.

The division increases overall FY2016 Commerce, Justice, Science and Related Agencies funding above FY2015 levels.

Department of Commerce Appropriations Act, 2016

TITLE I--DEPARTMENT OF COMMERCE

Provides appropriations to the Department of Commerce for:

  • the International Trade Administration,
  • the Bureau of Industry and Security,
  • the Economic Development Administration,
  • the Minority Business Development Agency,
  • Economic and Statistical Analysis,
  • the Bureau of the Census,
  • the National Telecommunications and Information Administration, and
  • the U.S. Patent and Trademark Office.

Provides appropriations to the National Institute of Standards and Technology (NIST) for:

  • Scientific and Technical Research and Services,
  • Industrial Technology Services, and
  • Construction of Research Facilities.

Provides appropriations to the National Oceanic and Atmospheric Administration (NOAA) for:

  • Operations, Research, and Facilities;
  • Procurement, Acquisition, and Construction;
  • Pacific Coastal Salmon Recovery;
  • the Fishermen's Contingency Fund; and
  • the Fisheries Finance Program Account.

Provides appropriations for Departmental Management, including:

  • Salaries and Expenses,
  • Renovation and Modernization, and
  • the Office of Inspector General.

(Sec. 101) Permits funds provided by this division to be used for advanced payments (prior to the receipt of goods, services, or other assets) only if designated Commerce officials certify that the payments are in the public interest.

(Sec. 102) Permits funds provided by this division to be used for hiring passenger motor vehicles, employment of temporary or intermittent experts and consultants, and the purchase of uniforms.

(Sec. 103) Permits the transfer of funds between Commerce accounts, subject to specified limitations and requirements. Requires Commerce to notify Congress prior to the acquisition or disposal of any capital asset not provided for in an Act providing appropriations to Commerce.

(Sec. 104) Extends requirements for NOAA to make and report to Congress on determinations regarding the identification and management of technical, cost, and schedule risk; the reliance on demonstrated technologies; and compliance with relevant policies, prior to entering into a contract for a major program with a life cycle cost of more than $250 million.

Specifies the life cycle costs for the Joint Polar Satellite System and for the Geostationary Operational Environmental Satellite R-Series Program.

(Sec. 105) Permits Commerce to furnish services to facilitate the use or occupancy of Department of Commerce buildings.

(Sec. 106) States that grant recipients may continue to deter child pornography, copyright infringement, or any other unlawful activity over their networks.

(Sec. 107) Permits NOAA to use, with consent and reimbursement, resources of other federal, state, local, and international entities to carry out the responsibilities of any statute administered by NOAA.

(Sec. 108) Prohibits the National Technical Information Service from charging for copies of reports or documents generated by the legislative branch unless the Service has provided information on how a copy may be obtained for free online. Requires any charge to be limited to the Service's cost.

(Sec. 109) Permits Commerce to waive the requirement for bonds with respect to contracts for the construction, alteration, or repair of vessels under the Coast and Geodetic Survey Act of 1947.

(Sec. 110) Prohibits Commerce from using funds for management activities pursuant to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico unless the management is conducted beyond a seaward boundary that is nine nautical miles seaward from the baseline from which the territorial sea of the United States is measured.

(Sec. 111) Permits NOAA to work with federal and non-federal agencies and governments by entering into agreements; using land, services, equipment, personnel, and facilities provided by the entities; or receiving and expending funds made available on a consensual basis.

(Sec. 112) Permits the Bureau of Economic Analysis and the Bureau of the Census to use funds to enter into cooperative agreements to assist in improving statistical methodology and research.

Department of Justice Appropriations Act, 2016

TITLE II--DEPARTMENT OF JUSTICE

Provides FY2016 appropriations to the Department of Justice (DOJ).

Provides appropriations to DOJ for General Administration, including:

  • Salaries and Expenses,
  • Justice Information Sharing Technology,
  • Administrative Review and Appeals, and
  • the Office of Inspector General.

Provides appropriations to the U.S. Parole Commission.

Provides appropriations for Legal Activities, including:

  • General Legal Activities,
  • the Antitrust Division,
  • U.S. Attorneys,
  • the U.S. Trustee System Fund,
  • the Foreign Claims Settlement Commission,
  • Fees and Expenses of Witnesses,
  • the Community Relations Service, and
  • the Assets Forfeiture Fund.

Provides appropriations to the U.S. Marshals Service for:

  • Salaries and Expenses,
  • Construction, and
  • Federal Prisoner Detention.

Provides appropriations to DOJ for:

  • the National Security Division,
  • Interagency Law Enforcement,
  • the Federal Bureau of Investigation (FBI),
  • the Drug Enforcement Administration (DEA),
  • the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and
  • the Federal Prison System.

Provide appropriations to the Office On Violence Against Women for Violence Against Women Prevention and Prosecution Programs.

Provides appropriations to the Office of Justice Programs for:

  • Research, Evaluation, and Statistics;
  • State and Local Law Enforcement Assistance;
  • Juvenile Justice Programs; and
  • Public Safety Officer Benefits.

Provides appropriations for Community Oriented Policing Services (COPS) programs.

(Sec. 201) Provides additional funds to the Attorney General for official reception and representation expenses.

(Sec. 202) Prohibits funds provided by this title from being used to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest.

(Sec. 203) Prohibits funds provided by this title from being used to require any person to perform or facilitate the performance of an abortion.

(Sec. 204) Establishes the obligation of the Bureau of Prisons to provide escort services to an inmate receiving an abortion outside of a federal facility, except where this obligation conflicts with section 203 of this division.

(Sec. 205) Sets forth requirements and procedures for transferring and reprogramming DOJ funds provided by this division.

(Sec. 206) Permits the Attorney General to use specified ATF funds for retention pay for employees who would otherwise be subject to a pay reduction upon termination of the Personnel Management Demonstration Project.

(Sec. 207) Prohibits the FBI or the U.S. Marshals Services from using funds provided by this title to transport prisoners classified as maximum or high security, other than to a facility certified by the Bureau of Prisons as appropriately secure.

(Sec. 208) Prohibits federal prisons from using funds provided by this division to purchase or rent audiovisual equipment, services, and materials used primarily for recreational purposes. Includes exceptions for inmate training, religious, or educational purposes.

(Sec. 209) Prohibits funds provided by this title from being used for major information technology projects unless the Deputy Attorney General and the Department Investment Review Board certify to Congress that the program: (1) has appropriate program management controls and contractor oversight mechanisms in place, and (2) is compatible with DOJ enterprise architecture.

(Sec. 210) Requires DOJ to follow reprogramming procedures for any deviation from the program amounts specified in this title or the explanatory statement, or any use of deobligated funds provided by this title in previous years.

(Sec. 211) Prohibits the use of funds provided by this division for a public-private competition for work performed by employees of the Bureau of Prisons or Federal Prison Industries, Incorporated.

(Sec. 212) Prohibits U.S. Attorneys from holding dual or additional responsibilities that exempt them from statutory residency requirements.

(Sec. 213) Permits specified percentages of grant and reimbursement program funds provided by this title for the Office of Justice Programs to be used for training and technical assistance, and transferred to the National Institute of Justice or the Bureau of Justice Statistics for research, evaluation, or statistical purposes.

(Sec. 214) Permits the Attorney General to waive matching requirements for Second Chance Act adult and juvenile reentry demonstration projects; state, tribal, and local reentry courts; drug treatment programs; and grants to protect inmates and safeguard communities.

(Sec. 215) Waives the requirement that DOJ reserve certain funds provided for offender incarceration for payments for incarceration on tribal lands.

(Sec. 216) Prohibits funds, other than funds for the National Instant Criminal Background Check System established under the Brady Handgun Violence Prevention Act, from being used to transfer an operable firearm to a known or suspected agent of a drug cartel if law enforcement personnel do not continuously monitor or control the firearm.

(Sec. 217) Establishes limitations and requirements for the obligation of specified funds from the Department of Justice Working Capital Fund and the Assets Forfeiture Fund. Requires DOJ to submit to Congress a spending plan including the planned distribution of Assets Forfeiture Fund joint law enforcement operations funding during FY2016.

(Sec. 218) Limits the use of specified DOJ funds until the Attorney General demonstrates to Congress that DOJ is implementing recommendations included in the Office of Inspector General report entitled "The Handling of Sexual Harassment and Misconduct Allegations by the Department's Law Enforcement Components." Requires the DOJ Inspector General to report on the implementation.

(Sec. 219) Permits funds provided by this division for the Office of Justice Programs to be used to participate in Performance Partnership Pilot collaboration programs.

Science Appropriations Act, 2016

TITLE III--SCIENCE

Provides appropriations to the Office of Science and Technology Policy.

Provides appropriations to the National Aeronautics and Space Administration (NASA) for:

  • Science;
  • Aeronautics;
  • Space Technology;
  • Exploration;
  • Space Operations;
  • Education;
  • Safety, Security, and Mission Services;
  • Construction and Environmental Compliance and Restoration; and
  • the Office of Inspector General.

Includes administrative provisions for NASA that:

  • Permit funds for any announced prize to remain available until the prize is claimed or the offer is withdrawn;
  • Establish the terms and conditions for the transfer of appropriations provided by this division;
  • Require NASA to submit its spending plan at the theme, program, project, and activity level;
  • Require the spending plan or subsequent changes to be subject to reprogramming procedures;
  • Permit unexpired balances for Commercial Spaceflight Activities within the Exploration account to be transferred to the Space Operations Account, and
  • Permit specified expired funds to remain available through FY2025 for the closeout of all Space Shuttle contracts and associated programs.

Provides appropriations to the National Science Foundation (NSF) for:

  • Research and Related Activities,
  • Major Research Equipment and Facilities Construction,
  • Education and Human Resources,
  • Agency Operations and Award Management,
  • the Office of the National Science Board, and
  • the Office of Inspector General.

Establishes thresholds for the transfer of appropriations provided by this division to the NSF.

TITLE IV--RELATED AGENCIES

Provides appropriations for related agencies, including:

  • the Commission on Civil Rights,
  • the Equal Employment Opportunity Commission,
  • the U.S. International Trade Commission,
  • the Legal Services Corporation,
  • the Marine Mammal Commission,
  • the Office of the U.S. Trade Representative, and
  • the State Justice Institute.

Specifies restrictions, terms, and conditions on the use of funds by the Legal Services Corporation.

TITLE V--GENERAL PROVISIONS

Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts.

(Sec. 501) Prohibits funds provided by this division from being used for publicity or propaganda purposes that are not authorized by Congress.

(Sec. 502) Prohibits funds provided by this division from remaining available for obligation beyond the current fiscal year, unless expressly permitted in the bill division.

(Sec. 503) Limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, unless otherwise provided by law.

(Sec. 504) Provides that if any provision of this division or the application of the provision is held invalid, the remainder of the bill is not affected.

(Sec. 505) Establishes restrictions and requirements for the reprogramming of funds provided by this division.

(Sec. 506) Prohibits funds provided by this division from being used to award contracts or subcontracts to a person who has been found to have intentionally affixed a ''Made in America'' label to any product that was not made in America. Requires promotional items purchased using funds provided by this division to be manufactured, produced, or assembled in the United States or its territories or possessions, to the extent it is practicable.

(Sec. 507) Requires Commerce, DOJ, the NSF, and NASA to provide quarterly reports to Congress regarding the status of balances of appropriations at the account level.

(Sec. 508) Requires costs incurred by agencies for personnel actions due to funding reductions in this division to be absorbed within the budgetary resources available to the department or agency. Provides transfer authority between appropriation accounts to carry out this provision, subject to reprogramming procedures. Provides that, for the Department of Commerce, this section applies to actions taken for the care and protection of loan collateral or grant property.

(Sec. 509) Prohibits funds provided by this division from being used to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal of foreign restrictions on the marketing of tobacco products, except for restrictions which are not applied equally to all products of the same type.

(Sec. 510) Establishes obligation limits for funds from the Crime Victims Fund.

(Sec. 511) Prohibits DOJ from using funds provided by this division to discriminate against or denigrate the religious or moral beliefs of students or the parents of students participating in programs for which financial assistance is provided.

(Sec. 512) Prohibits the transfer of funds provided by this division to a department, agency, or instrumentality of the U.S. government, unless the transfer is pursuant to an appropriations Act.

(Sec. 513) Provides that funds included in this this division to implement E-Government Initiatives are subject to reprogramming procedures and requirements.

(Sec. 514) Establishes timetables and procedures for specified audits by Inspectors General of the departments and agencies funded in this bill.

Requires recipients of grants or contracts funded by this bill to certify that no grant or contract funds will be provided to anyone with a financial interest in the recipient.

(Sec. 515) Prohibits Commerce, DOJ, NASA, or the NSF from using funds provided by this division to acquire a high-impact or moderate-impact information system unless supply chain risks have been reviewed and a mitigation strategy has been developed.

(Sec. 516) Prohibits funds provided by this division from being used to support or justify the use of torture by any official or contract employee of the U.S. government.

(Sec. 517) Prohibits the use of funds to require export licenses for exporting components, parts, or attachments for certain firearms to Canada.

(Sec. 518) Prohibits the use of funds to deny certain import applications for firearms, parts, or ammunition that are curios or relics. (Curios or relics are firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons.)

(Sec. 519) Prohibits the use of funds provided by this division to include specified patent provisions from the United States-Singapore Free Trade Agreement, the United States-Australia Free Trade Agreement, or the United States-Morocco Free Trade Agreement in any new bilateral or multilateral trade agreement.

(Sec. 520) Prohibits the use of funds provided by this division to authorize or issue a National Security Letter (NSL) in violation of specified laws authorizing the FBI to issue an NSL. (An NSL is a written directive, comparable to an administrative subpoena, used by law enforcement and intelligence agencies to demand certain information from third parties such as telecommunication providers, financial institutions, and consumer credit reporting agencies.)

(Sec. 521) Requires congressional notification regarding Commerce, DOJ, NSF, or NASA projects that total more than $75 million and are expected to have cost increases of at least 10%.

(Sec. 522) Deems funds provided by this division for intelligence or intelligence related activities as authorized by Congress during FY2016 until the enactment of the Intelligence Authorization Act for FY2016.

(Sec. 523) Prohibits contracts or grant awards above $5 million unless the prospective contractor or grantee certifies that the organization has filed all federal tax returns, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has no unpaid federal tax assessment.

(Sec. 524) Rescinds specified unobligated balances from prior appropriations to Commerce and DOJ.

(Sec. 525) Prohibits funds provided by this division from being used to purchase first class or premium airline travel in violation of specified federal travel regulations.

(Sec. 526) Prohibits funds provided by this division from being used to pay for the attendance of more than 50 department or agency employees at any single conference outside the United States, unless it is a law enforcement training or operational event where the majority of federal attendees are law enforcement personnel stationed outside the United States.

(Sec. 527) Prohibits funds from being used to transfer or release any individual detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo) who is not a U.S. citizen or member of the Armed Forces into the United States, its territories, or possessions.

(Sec. 528) Prohibits funding from being used to construct, acquire, or modify any U.S. facility (other than the facility at Guantanamo Bay, Cuba) to house any individual detained at Guantanamo.

(Sec. 529) Requires, to the extent it is practicable, funds provided by this division to be used to purchase light bulbs that are ''Energy Star'' qualified or have the ''Federal Energy Management Program'' designation

(Sec. 530) Requires the Office of Management and Budget to direct departments and agencies funded by this division to track undisbursed balances in expired grant accounts and include specified details in annual performance and accountability reports.

(Sec. 531) Prohibits NASA or the Office of Science and Technology Policy (OSTP) from using funds provided by this division to: (1) engage in bilateral activities with China or a Chinese-owned company unless the activities are authorized by a law enacted after enactment of this division, or (2) host official Chinese visitors at NASA facilities. Includes an exception if NASA or OSTP have made a specified certification to Congress regarding an activity.

(Sec. 532) Prohibits funds from being used to deny the importation of shotgun models if no application for the importation of models in the same configuration had been denied prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes.

(Sec. 533) Prohibits the use of funds made available in this division for a computer network that does not block pornography, except for law enforcement purposes

(Sec. 534) Requires specified agencies funded by this division to submit spending plans to Congress.

(Sec. 535) Requires the agencies funded by this division to report specified details regarding conference spending to the Inspectors General.

(Sec. 536) Prohibits the use of funds provided by this division to implement the Arms Trade Treaty regulating international trade in conventional arms until it is ratified by the Senate.

(Sec. 537) Requires all departments and agencies funded in this division to link all contracts that provide award fees to successful acquisition outcomes.

(Sec. 538) Prohibits funds provided by this division from being used to pay award or incentive fees for contractors with performance that is below satisfactory or does not meet the basic requirements of the contract.

(Sec. 539) Prohibits the use of funds provided by this division during FY2016 to relinquish the responsibility of the National Telecommunications and Information Administration for Internet domain name system functions.

(Sec. 540) Requires agencies funded by this division to provide Inspectors General with timely access to records, documents, and other materials.

(Sec. 541) Requires specified agencies to report monthly to Congress on official travel of employees to China.

(Sec. 542) Prohibits DOJ from using funds provided by this division to prevent specified states, the District of Columbia, Guam, or Puerto Rico from implementing their own laws authorizing the use, distribution, possession, or cultivation of medical marijuana.

(Sec. 543) Prohibits DOJ or the DEA from using funds provided by this division in contravention of a provision of the Agricultural Act of 2014 that permits an institution of higher education or a state department of agriculture to grow or cultivate industrial hemp for research purposes.

Department of Defense Appropriations Act, 2016

DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2016

The Department of Defense Appropriations Act, 2016 provides FY2016 appropriations to the Department of Defense (DOD) for military activities, including appropriations for Overseas Contingency Operations (OCO)/ Global War on Terrorism.

This division does not include funding for military construction, military family housing, civil works projects of the Army Corps of Engineers, and nuclear warheads, which are included in other divisions.

The division increases total funding for DOD compared to FY2015 levels.

TITLE I--MILITARY PERSONNEL

Provides appropriations for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force (the military departments), and for National Guard personnel in the Army and Air Force.

TITLE II--OPERATION AND MAINTENANCE

Provides appropriations for Operation and Maintenance (O&M) for the military departments, other agencies of DOD, the Reserve Components, and the Army and Air National Guard.

Provides appropriations for:

  • the U.S. Court of Appeals for the Armed Forces;
  • Environmental Restoration for the military departments, DOD, and at Formerly Used Defense Sites;
  • Overseas Humanitarian, Disaster, and Civic Aid; and
  • the Cooperative Threat Reduction Account.

TITLE III--PROCUREMENT

Provides appropriations for Procurement by the military departments, including

  • aircraft;
  • missiles;
  • weapons,
  • tracked combat vehicles;
  • ammunition;
  • spaceraft, rockets, and related equipment; and
  • shipbuilding and conversion by the Navy.

Provides appropriations for Defense-Wide Procurement and Defense Production Act Purchases.

TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Provides appropriations for Research, Development, Test, and Evaluation (RDT&E) by the military departments and defense agencies.

Provides appropriations for the independent activities of the Director of Operational Test and Evaluation.

TITLE V--REVOLVING AND MANAGEMENT FUNDS

Provides appropriations for the Defense Working Capital Funds and the National Defense Sealift Fund.

TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS

Provides appropriations for other DOD programs, including:

  • the Defense Health Program,
  • Chemical Agents and Munitions Destruction,
  • Drug Interdiction and Counter-Drug Activities, and
  • the Office of the Inspector General.

TITLE VII--RELATED AGENCIES

Provides appropriations for the Central Intelligence Agency Retirement and Disability System Fund, and the Intelligence Community Management Account.

TITLE VIII--GENERAL PROVISIONS

Sets forth permissible, restricted, and prohibited uses of funds appropriated by this and other appropriations bills.

(Sec. 8001) Prohibits appropriations provided by this this bill from being used for publicity or propaganda purposes not authorized by Congress.

(Sec. 8002) Exempts DOD from laws prohibiting the compensation or employment of foreign nationals if specified conditions are met.

(Sec. 8003) Prohibits funding provided by this bill from remaining available for obligation beyond the current fiscal year unless this bill expressly provides otherwise.

(Sec. 8004) Prohibits more than 20% of the appropriations provided by this division for the current fiscal year from being obligated during the last two months of the fiscal year.

(Sec. 8005) Permits specified Working Capital Funds provided by this division for military functions (except military construction) to be transferred between appropriations or funds available for the same purposes, subject to specified restrictions and the approval of the Office of Management and Budget (OMB). Requires DOD to notify Congress of all transfers made pursuant to this section.

(Sec. 8006) Requires tables included in the explanatory statement accompanying this division to be treated as if they were included in the text of this division.

(Sec. 8007) Requires DOD to submit a report to Congress to establish the baseline for application of reprogramming and transfer authorities for FY2016. Prohibits funds provided by this division from being reprogrammed or transferred until the report is provided or DOD certifies to Congress that the reprogramming or transfer is necessary as an emergency requirement. Includes an exception for Environmental Restoration accounts.

(Sec. 8008) Prohibits cash balances in DOD Working Capital Funds from exceeding the level necessary for cash disbursements to be made from the funds. Sets forth requirements and limitations for transfers of balances in the funds to specified accounts.

(Sec. 8009) Prohibits the initiation of a special access program without notifying Congress in advance.

(Sec. 8010) Establishes limitations and conditions on the use of funds provided by this division to initiate or terminate certain multi-year contracts.

(Sec. 8011) Appropriates O&M funds for the costs of humanitarian and civic assistance provided in conjunction with military operations.

(Sec. 8012) Prohibits DOD from managing civilian personnel on the basis of any end-strength during FY2016.

(Sec. 8013) Prohibits funds made available by this division from being used to directly or indirectly influence congressional action on legislation or appropriation matters pending before Congress.

(Sec. 8014) Prohibits compensation from being paid to any member of the Army participating as a full-time student and receiving benefits from the Defense Education Benefits Fund if the time spent as a student is counted toward the member's service commitment.

(Sec. 8015) Permits funds appropriated in title III of this division for the Department of Defense Pilot Mentor-Protege Program to be transferred to any other account to implement a developmental assistance agreement under the program.

(Sec. 8016) Prohibits DOD from purchasing certain anchor and mooring chains unless they are manufactured in the United States.

(Sec. 8017) Provides specified Working Capital Fund--Army funds to maintain competitive rates at the arsenals.

(Sec. 8018) Prohibits funds from being used to demilitarize or dispose of certain small firearms, small arms ammunition, or ammunition components.

(Sec. 8019) Limits funding for the relocation of any DOD entity into or within the National Capital Region. Permits DOD to waive the limitation by certifying to Congress that a relocation is required in the best interest of the government.

(Sec. 8020) Provides specified funds for incentive payments for federal contracts involving contractors, subcontractors, or suppliers that are Indian organizations or Indian-owned economic enterprises.

(Sec. 8021) Prohibits funds for the Defense Media Activity from being used for national or international political or psychological activities.

(Sec. 8022) Permits DOD to incur obligations of up to $350 million for DOD military compensation, construction projects, and supplies and services in anticipation of contributions from the government of Kuwait.

(Sec. 8023) Provides appropriations from specified accounts for the Civil Air Patrol Corporation to support operation and maintenance, procurement, readiness, counterdrug activities, and drug demand reduction activities involving youth programs.

(Sec. 8024) Prohibits funds provided by this division from being used to establish a new DOD federally-funded research and development center (FFRDC). Limits compensation for FFRDC members or consultants.

Prohibits a defense FFRDC from using FY2016 DOD funds for new building construction, cost-sharing payments for projects funded by government grants, absorption of contract overruns, or certain charitable contributions.

Limits the staff years that may be funded for FFRDCs from FY2016 funds, and requires DOD to submit a report on the allocation of staff years with the FY2017 budget request.

Reduces the total amount appropriated by this division for FFRDCs.

(Sec. 8025) Prohibits DOD from procuring carbon, alloy, or armor steel plating not melted and rolled in the United States or Canada. Permits DOD to waive the prohibition if adequate domestic supplies are not available and an acquisition is necessary for national security purposes.

(Sec. 8026) Specifies that "congressional defense committees" include the Senate and House Armed Services Committees and Appropriations Subcommittees on Defense.

(Sec. 8027) Permits DOD to acquire the modification, depot maintenance, and repair of aircraft, vehicles, and vessels; and production of components through competition between DOD activities and private firms.

(Sec. 8028) Revokes blanket waivers of the Buy American Act if DOD determines that a country has violated the terms of a specified agreement by discriminating against products produced in the United States.

(Sec. 8029) Permits funds in the Department of Defense Overseas Military Facility Investment Recovery Account to remain available until expended.

(Sec. 8030) Permits the Air Force to convey to Indian tribes located in Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units currently located at Grand Forks, Malmstrom, Mountain Home, Elllsworth, and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising among requests of Indian tribes for these conveyances.

(Sec. 8031) Permits DOD O&M appropriations to be used to purchase items with an investment unit cost of not more than $250,000.

(Sec. 8032) Prohibits the use of funds provided by this division to disestablish, close, downgrade from host to extension center, or place on probation a Senior Reserve Officers' Training Corps program.

(Sec. 8033) Requires DOD to issue regulations to: (1) prohibit the sale of 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; and (2) require the prices in overseas military retail outlets to be within the range of prices established for military retail systems stores in the United States.

(Sec. 8034) Prohibits the use of DOD Working Capital Funds to purchase specified investment items.

(Sec. 8035) Prohibits funds provided for the Central Intelligence Agency (CIA) from remaining available for obligation beyond the current fiscal year, except for funds provided for the Reserve for Contingencies, the Working Capital Fund, or other specified programs.

(Sec. 8036) Permits funds made available by this division to the Defense Intelligence Agency to be used for the design, development, and deployment of General Defense Intelligence Program intelligence communication and intelligence information systems.

(Sec. 8037) Requires specified Operation and Maintenance--Defense-Wide funds to be used for the mitigation of environmental impacts on Indian lands resulting from DOD activities.

(Sec. 8038) Requires DOD to comply with the Buy American Act.

(Sec. 8039) Prohibits funds from being used for contracts for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited proposal unless specified conditions are met.

(Sec. 8040) Prohibits funds in this division from being used to: (1) establish a field operating agency, or (2) pay a member of the Armed Forces or civilian employee transferred or reassigned from a headquarters activity if the employee's place of duty remains at headquarters. Specifies exceptions and permits waivers that will reduce personnel or financial requirements of the department.

(Sec. 8041) Prohibits funds in this division from being used to convert a function performed by DOD civilian employees to performance by a contractor unless specific requirements are met.

(Sec. 8042) Rescinds specified funds provided for Procurement, Cooperative Threat Reduction, and RDT&E in prior defense appropriations Acts.

(Sec. 8043) Prohibits funds provided by this division from being used to reduce authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve, and Air Force Reserve unless the reductions are a direct result of a reduction in military force structure.

(Sec. 8044) Prohibits funds provided by this division from being used for assistance to North Korea unless specifically appropriated for that purpose.

(Sec. 8045) Permits O&M funds provided by this division to be used to reimburse the National Guard and Reserve for providing intelligence or counterintelligence support to the combatant commands, defense agencies, and joint intelligence activities.

(Sec. 8046) Prohibits the transfer of DOD or Central Intelligence Agency (CIA) drug interdiction or counter-drug activity funds to any other department or agency except as specifically provided in an appropriations law.

(Sec. 8047) Requires ball and roller bearings purchased using funds provided by this division to be produced by a domestic source. Permits DOD to waive the prohibition if adequate domestic supplies are not available and an acquisition is necessary for national security.

(Sec. 8048) Prohibits funds provided by this division from being used for Evolved Expendable Launch Vehicle (EELV) launch service competitions unless the competitions are open to all certified providers of EELV systems. Permits the award to be made to a launch service provider competing with any certified launch vehicle in its inventory regardless of the country of origin of the rocket engine that will be used on its launch vehicle.

(Sec. 8049) Appropriates funds to DOD for grants to the United Service Organizations and the Red Cross.

(Sec. 8050) Prohibits funds provided by this division from being used to purchase any supercomputer not manufactured in the United States unless it is unavailable from U.S. manufacturers and is necessary for national security.

(Sec. 8051) Requires the Small Business Innovation Research program and the Small Business Technology Transfer program set-asides to be taken proportionately from all programs, projects, or activities that contribute to the extramural budget.

(Sec. 8052) Prohibits funds in this division from being used for contractor bonuses being paid due to a business restructuring.

(Sec. 8053) Permits the transfer of specified O&M funds to pay military personnel for support and services for eligible organizations and activities outside DOD.

(Sec. 8054) Permits DOD to dispose of negative unliquidated or unexpended balances for expired or closed accounts by charging an obligation to a current account for the same purpose as the expired or closed account.

(Sec. 8055) Permits the National Guard to allow the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis

(Sec. 8056) Prohibits DOD funds from being used to modify command and control relationships to give Fleet Forces Command operational and administrative control of U.S. Navy forces assigned to the Pacific fleet. Provides that command and control relationships that existed on October 1, 2004, shall remain in effect unless changes are specifically authorized in a subsequent Act. Includes an exception for administrative control of Navy Air and Missile Defense Command.

(Sec. 8057) Requires specified O&M funds to be used for continued implementation and expansion of the Sexual Assault Prevention and Response Program.

(Sec. 8058) Prohibits the use of funds provided in title IV to procure end-items for delivery to military forces for operational training, operational use, or inventory requirements. Includes exceptions and permits a waiver for national security purposes.

(Sec. 8059) Permits DOD to waive limitations on the procurement of defense items from a foreign country if: (1) the limitations would invalidate cooperative programs or reciprocal trade agreements, and (2) the country does not discriminate against the same or similar items procured in the United States. Provides exceptions.

(Sec. 8060) Prohibits funds from being used to consolidate or relocate any element of a U.S. Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron Engineer (RED HORSE) squadron outside of the United States until the Air Force: (1) submits to Congress an analysis and comparison of the cost and investment required to consolidate or relocate a RED HORSE squadron outside of the United States versus within the United States, and (2) certifies to Congress that the preferred site yields the greatest savings.

(Sec. 8061) Prohibits funds from being used for repairs or maintenance for military family housing units.

(Sec. 8062) Requires DOD to submit a report to Congress before obligating specified RDT&E funds appropriated by this division for any new start advanced concept technology demonstration project or joint capability demonstration project. Permits DOD to waive the restriction by certifying to Congress that it is in the national interest.

(Sec. 8063) Requires DOD to continue to provide a classified quarterly report to Congress on matters specified in the classified annex accompanying this division.

(Sec. 8064) Permits a Reserve who is a member of the National Guard serving on full-time duty to support ground-based elements of the National Ballistic Missile Defense System.

(Sec. 8065) Prohibits funds provided by this division from being used to transfer specified armor-piercing ammunition to any nongovernmental entity, except for demilitarization purposes.

(Sec. 8066) Permits the Chief of the National Guard Bureau to waive payment for the lease of personal property to certain youth, social, charitable, or fraternal nonprofit organizations.

(Sec. 8067) Prohibits the use of funds appropriated in this division to support the procurement of malt beverages and wine with nonappropriated funds for resale on a military installation located in the United States unless the beverages are procured within the state in which the installation is located and specified conditions are met.

(Sec. 8068) Permits specified O&M--Army funds to remain available until expended. Permits DOD to: (1) transfer the funds to other activities of the federal government; and (2) contract for the acquisition of real property, construction, personal services, and operations related to projects carrying out the purpose of this section.

(Sec. 8069) Prohibits funds from being used to make specified modifications to the budget and appropriations process for the National Intelligence Program.

(Sec. 8070) Provides appropriations to remain available until expended for grants for the construction and furnishing of additional Fisher Houses to meet the needs of military family members confronted with the illness or hospitalization of an eligible military beneficiary.

(Sec. 8071) Provides specified Procurement and RDT&E funds for the Israeli Cooperative Programs for the Iron Dome defense system to counter short-range rocket threats, the Short Range Ballistic Missile Defense program, and related programs.

(Sec. 8072) Permits specified Shipbuilding and Conversion--Navy funds to remain available through FY2016 to fund prior year shipbuilding cost increases. Requires the funds to be transferred to specified accounts.

(Sec. 8073) Deems funds provided by this division for intelligence activities to be authorized by Congress during FY2016 until the enactment of the Intelligence Authorization Act for FY2016.

(Sec. 8074) Prohibits fund appropriated by this division from being used for a reprogramming of funds that creates or initiates a new program, project, or activity unless it must be undertaken immediately for national security and Congress is notified in advance.

(Sec. 8075) Requires the President's FY2017 budget to include separate budget justification documents for costs of the Armed Forces' participation in contingency operations for the Military Personnel, O&M, Procurement, and RDT&E accounts.

(Sec. 8076) Prohibits funds provided by this division from being used for research, development, test, evaluation, procurement, or deployment of nuclear armed interceptors of a missile defense system.

(Sec. 8077) Reduces the total amount appropriated in this division to reflect savings due to favorable foreign exchange rates.

(Sec. 8078) Prohibits funds appropriated in this division from being used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve if the actions reduce the WC-130 Weather Reconnaissance mission below the levels funded in this division. Permits the Squadron to perform other missions in support of national defense requirements during the non-hurricane season.

(Sec. 8079) Prohibits funds from being used for integrating foreign intelligence information unless the information has been lawfully collected and processed during authorized foreign intelligence activities.

(Sec. 8080) Permits DOD to transfer funds from any Department of the Navy appropriation to any Navy ship construction appropriation for liquidating necessary changes resulting from inflation, market fluctuations, or rate adjustments for any ship construction program. Specifies limits and requirements for the transfers.

(Sec. 8081) Prohibits funds in this division from being used to transfer research and development, acquisition, or other program authority related to current tactical unmanned aerial vehicles from the Army. Requires the Army to retain responsibility for and operational control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle.

(Sec. 8082) Permits specified Navy O&M funds to be used for the Asia Pacific Regional Initiative Program for enabling the Pacific Command to execute theater security cooperation activities such as humanitarian assistance and the payments of the costs of training and exercising with foreign security forces.

(Sec. 8083) Prohibits funds appropriated by this division for programs of the Office of the Director of National Intelligence from being obligated beyond the current fiscal year except for research and technology funds, which remain available through FY2017.

(Sec. 8084) Provides for the adjustment of obligations within the Shipbuilding and Conversion--Navy appropriation.

(Sec. 8085) Requires the Office of the Director of National Intelligence (DNI) to submit a report to Congress establishing the baseline for application of reprogramming and transfer authorities for FY2016. Prohibits funds provided by this division for the National Intelligence Program from being transferred or reprogrammed until the report is submitted unless the action is necessary for an emergency.

(Sec. 8086) Prohibits funds provided by this division from being used to eliminate, restructure, realign, or make disproportionate personnel reductions at Army Contracting Command-New Jersey sites without notifying Congress in advance.

(Sec. 8087) Prohibits funds provided by this division from being used to retire, divest, realign, or transfer RQ-4B Global Hawk aircraft, or to disestablish or convert units associated with the aircraft.

(Sec. 8088) Prohibits the use of funds to support any military training or operation that includes child soldiers unless the assistance is permitted by the Child Soldiers Prevention Act of 2008.

(Sec. 8089) Makes specified Intelligence Community Management Account funds available for transfer by the DNI to other departments and agencies for government-wide information sharing activities, subject to the approval of OMB.

(Sec. 8090) Provides specific restrictions on the reprogramming or transfer of funds provided to the National Intelligence Program.

(Sec. 8091) Directs the DNI to submit annually to Congress a future-years intelligence program reflecting estimated expenditures and proposed appropriations included in the President's budget.

(Sec. 8092) Specifies committees included in "congressional intelligence committees" for the purposes of this division.

(Sec. 8093) Requires DOD to continue to report incremental contingency operations costs for Operation Inherent Resolve (operations in Iraq and Syria against the Islamic State of Iraq and the Levant or ISIL) and Operation Freedom's Sentinel (counterterrorism, training, and advisory activities in Afghanistan) on a monthly basis, and other operations identified by DOD on a semiannual basis.

(Sec. 8094) Permits specified O&M funds provided in title II to be transferred by the military department concerned to its central fund established for Fisher Houses and Suites.

(Sec. 8095) Permits O&M funds to be used for payments and transfers to the Defense Acquisition Workforce Development Fund.

(Sec. 8096) Requires agencies receiving funds in this division to post reports required to be submitted to Congress on the public web site of the agency if it serves the national interest. Provides exceptions for national security or proprietary information.

(Sec. 8097) Prohibits the use of funds for federal contracts in excess of $1 million unless the contractor meets specific requirements regarding the resolution of claims under title VII of the Civil Rights Act of 1964 (discrimination based on race, color, religion, sex, or national origin). Allows DOD to waive the requirements to avoid harm to national security.

(Sec. 8098) Provides specified funds to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

(Sec. 8099) Permits DOD funds to be used to purchase armored vehicles for the physical security of personnel or force protection and limits the cost per vehicle.

(Sec. 8100) Prohibits the use of funds to provide certain missile defense information to the Russian Federation, subject to an exception for information regarding ballistic missile early warning.

(Sec. 8101) Requires DOD to provide quarterly reports to Congress including the numbers of civilian personnel end strength by appropriation account.

(Sec. 8102) Permits the transfer of specified funds made available by this division to the National Intelligence Program if OMB approves and the Director of National Intelligence determines it is necessary and in the national interest. Requires transfer authority be used for higher priority items based on unforeseen intelligence requirements. Prohibits transfer authority from being used when the item for which funds are requested has been denied by Congress.

(Sec. 8103) Prohibits funds from being used to transfer or release any individual detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo) who is not a U.S. citizen or member of the Armed Forces into the United States, its territories, or possessions.

(Sec. 8104) Prohibits funding from being used to construct, acquire, or modify any U.S. facility (other than the facility at Guantanamo Bay, Cuba) to house any individual detained at Guantanamo.

(Sec. 8105) Prohibits funds provided in this division from being used to transfer any individual detained at Guantanamo to the custody or control of the individual's country of origin, or any other foreign country or entity, except in accordance with the National Defense Authorization Act for Fiscal Year 2016.

(Sec. 8106) Prohibits funds from being used in violation of the Wars Powers Resolution.

(Sec. 8107) Permits the transfer of specified Navy O&M funds to the John C. Stennis Center for Public Service Training and Development Trust Fund.

(Sec. 8108) Prohibits funds made available by this division from being used to lease or purchase new light duty vehicles for any executive fleet inventory except in accordance with a specific Presidential Memorandum related to federal fleet performance.

(Sec. 8109) Prohibits funds from being used to enter into specified agreements and transactions with Russian arms supplier Rosoboronexport. Permits DOD to waive the restriction if specific conditions are met.

(Sec. 8110) Prohibits the use of funds for the purchase or manufacture of U.S. flags unless they are treated as covered items under Buy American requirements.

(Sec. 8111) Permits funds provided by this division to be used for payments to local military commanders for damage, personal injury, or death that is incident to combat operations in a foreign country.

(Sec. 8112) Prohibits funds made available in this division from being used to reduce strategic delivery vehicles and launchers below levels necessary to implement the New Strategic Arms Reduction Treaty (New START), as set forth in a report provided to Congress pursuant to the National Defense Authorization Act for Fiscal Year 2012.

(Sec. 8113) Require DOD to post grant awards on a public web site in a searchable format.

(Sec. 8114) Prohibits funds provided by this division from being used to realign the forces at Lajes Air Force Base, Azores, Portugal, until DOD certifies to Congress that it has determined, based on an analysis of operational requirements, that Lajes Air Force Base is not an optimal location for the Joint Intelligence Analysis Complex.

(Sec. 8115) Prohibits funds provided by this division from being used for flight demonstration teams outside of the United States if flight demonstration teams in the United States have been canceled due to insufficient funding.

(Sec. 8116) Prohibits the National Security Agency (NSA) from using funds provided by this division to target a U.S. person under specified authorities granted by the Foreign Intelligence Surveillance Act of 1978 (FISA).

(Sec. 8117) Provides additional funding for the basic housing allowance for military personnel.

(Sec. 8118) Prohibits funds provided by this division from being used for the Arms Trade Treaty until it is ratified by the Senate.

(Sec. 8119) Prohibits the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this division to another federal agency not financed by this division without the express authorization of Congress.

(Sec. 8120) Prohibits funds provided by this division from being used in contravention of a provision of the National Defense Authorization Act for Fiscal Year 2016 regarding transfer of AH-64 Apache helicopters from the Army National Guard to regular Army.

(Sec. 8121) Prohibits funds provided by this division from being used to initiate or expand support for foreign forces, irregular forces, groups, or individuals supporting U.S. Special Operations Forces activities to combat terrorism unless Congress is notified in advance in accordance with the classified annex of this division.

(Sec. 8122) Prohibits funds provided by this division from being used for activities in Iraq in contravention of the War Powers Resolution.

(Sec. 8123) Prohibits funds provided by this division from being used to divest, retire, transfer, or place in storage any A-10 aircraft, or to disestablish any units of the active or reserve components associated with the aircraft.

(Sec. 8124) Provides specified RDT&E--Defense-Wide funds for DOD activities related to implementation of the Digital Accountability and Transparency Act and a uniform procurement instrument identifier.

(Sec. 8125) Prohibits funds provided by this division for the T-AO(X) program from being used for a new contract unless specified components are manufactured in the United States. (The T-AO(X) program is an oiler shipbuilding program to build a new class of fleet oilers for the Navy. Navy fleet oilers transfer fuel to Navy surface ships that are operating at sea.)

(Sec. 8126) Reduces the funds provided by title II this division to the Working Capital Funds to reflect excess cash balances.

(Sec. 8127) Rescinds specified unobligated balances from the Defense Working Capital Fund.

(Sec. 8128) Reduces the total amount appropriated by this division to reflect savings due to lower than anticipated fuel prices.

(Sec. 8129) Prohibits funds provided by this division from being used to divest or retire, or prepare to divest or retire, KC-10 aircraft.

(Sec. 8130) Prohibits funds provided by this division from being used to divest, retire, transfer or to prepare to divest, retire, or transfer any EC-130H aircraft.

(Sec. 8131) Prohibits funds provided by this division from being used for Government Travel Charge Card expenses for gaming or for entertainment that includes topless or nude entertainers or participants.

(Sec. 8132) Prohibits funds provided by this division from being used for a new or additional Base Realignment and Closure (BRAC) round.

TITLE IX--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM

Provides appropriations for FY2016 for Overseas Contingency Operations (OCO)/ the Global War on Terrorism. Designates the funds provided in this title as for Overseas Contingency Operations/ Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985. (OCO funds are exempt from discretionary spending limits and other budget enforcement rules).

Provides appropriations for Active-Duty and Reserve Personnel in the Army, Navy, Marine Corps and Air Force (the military departments), and for National Guard personnel in the Army and Air Force.

Provides appropriations for Operation and Maintenance (O&M) for the military departments, other agencies of DOD, the Reserve Components, and the Army and Air National Guard.

Provides appropriations for the Counterterrorism Partnerships Fund, Afghanistan Security Forces Fund, and the Iraq Train and Equip Fund.

Provides appropriations for Procurement by the military departments, other DOD agencies, Reserve Components, and National Guard, including for the procurement of aircraft, missiles, weapons, tracked combat vehicles, and ammunition.

Provides appropriations for Research, Development, Test, and Evaluation (RDT&E) for the Army, Navy, Air Force, and other DOD agencies.

Provides appropriations for the Defense Working Capital Funds.

Provides appropriations for Other DOD Programs, including:

  • the Defense Health Program;
  • Drug Interdiction and Counter-Drug Activities--Defense;
  • the Joint Improvised Explosive Device Defeat Fund; and
  • the Office of the Inspector General.

Sets forth permissible, restricted, and prohibited uses of funds appropriated by this title.

(Sec. 9001) Provides that funds made available in this title are in addition to amounts appropriated to DOD for FY2016.

(Sec. 9002) Permits DOD to transfer up to $4.5 billion between the appropriations in this title if it is in the national interest, OMB approves, and Congress is notified.

(Sec. 9003) Permits supervision, administration, and design costs for a construction project funded with O&M or the Afghanistan Security Forces Fund in direct support of overseas contingency operations in Afghanistan to be obligated when a construction contract is awarded.

(Sec. 9004) Permits DOD to use funds appropriated in this title to purchase motor vehicles for use by military and civilian DOD employees in the U.S. Central Command area of responsibility. Limits the cost of each passenger and armored vehicle.

(Sec. 9005) Permits the use of a limited amount of O&M funding to be used for the Commander's Emergency Response Program for humanitarian relief and reconstruction assistance in Afghanistan.

(Sec. 9006) Permits DOD O&M funds to be used to provide supplies, services, transportation, 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. Requires DOD to report quarterly to Congress regarding the support.

(Sec. 9007) Prohibits funds from being used to: (1) establish any military installation or base for providing for the permanent stationing of Armed Forces in Iraq or Afghanistan, or (2) exercise U.S. control over any oil resource of Iraq.

(Sec. 9008) Prohibits funds provided by this division from being used in contravention of specified laws or regulations implementing the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

(Sec. 9009) Prohibits funds provided for the Afghanistan Security Forces Fund from being obligated prior to the approval of a financial and activity plan by the Afghanistan Resources Oversight Council of DOD.

(Sec. 9010) Permits O&M funds provided in this title to be used to purchase items with an investment unit cost of up to $250,000. Permits the purchase of items with an investment cost of up to $500,000 if DOD determines that it is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in contingency operations overseas.

(Sec. 9011) Permits a limited amount of O&M funding to be used to support U.S. transition activities in Iraq by funding the Office of Security Cooperation in Iraq and security assistance teams.

(Sec. 9012) Permits specified funds from the Counterterrorism Partnerships Fund be used to provide assistance to the government of Jordan to support the armed forces of Jordan and to enhance security along its borders.

(Sec. 9013) Prohibits funds provided by this division for the Iraq Train and Equip Fund from being used to procure or transfer man-portable air defense systems.

(Sec. 9014) Provides additional funding for assistance and sustainment of the military and national security forces of Ukraine.

(Sec. 9015) Permits funds provided by this title to be used for the replacement for funds for items provided to the government of Ukraine from the U.S. inventory.

(Sec. 9016) Prohibits funds provided by this division under section 9014 for Assistance and Sustainment to the Military and National Security Forces of Ukraine from being used to procure or transfer man-portable air defense systems.

(Sec. 9017) Prohibits DOD O&M funds from being used for payments to Pakistan as reimbursement for support provided to U.S. military operations unless DOD certifies to Congress that the government of Pakistan has met specific conditions. Permits DOD to waive the restriction for national security.

(Sec. 9018) Provides additional funding to DOD to improve intelligence, surveillance, and reconnaissance capabilities.

(Sec. 9019) Prohibits the use of funds for Syria in contravention of the War Powers Resolution.

(Sec. 9020) Prohibits funds appropriated by this division from being used to transfer additional C-130 cargo aircraft to the Afghan National Security Forces until DOD provides Congress with a review of the Afghanistan Air Force's requirements.

(Sec. 9021) Rescinds specified funds from the Afghanistan Security Forces Fund.

Energy and Water Development and Related Agencies Appropriations Act, 2016

DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2016

The Energy and Water Development and Related Agencies Appropriations Act, 2016 provides FY2016 appropriations for:

  • the civil works projects of the U.S. Army Corps of Engineers;
  • the Department of the Interior's Bureau of Reclamation and Central Utah Project;
  • the Department of Energy (DOE); and
  • several independent agencies, including the Nuclear Regulatory Commission (NRC) and the Appalachian Regional Commission.

This division increases overall FY2016 Energy and Water Development funding above FY2015 levels.

TITLE I--CORPS OF ENGINEERS--CIVIL

Provides appropriations to the U.S. Army Corps of Engineers for authorized civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts.

Provides appropriations to the Corps of Engineers for:

  • Investigations;
  • Construction;
  • Mississippi River and Tributaries, including flood damage reduction projects in the Mississippi River alluvial valley below Cape Girardeau, Missouri;
  • Operation and Maintenance;
  • the Regulatory Program pertaining to navigable waters and wetlands;
  • the Formerly Utilized Sites Remedial Action Program for clean-up of early atomic energy program contamination;
  • Flood Control and Coastal Emergencies, including hurricanes, floods, and other natural disasters;
  • Expenses necessary for the supervision and general administration of the civil works program; and
  • the Office of the Assistant Secretary of the Army for Civil Works.

(Sec. 101) Establishes reprogramming guidelines and requirements for funds provided in this title. Prohibits the availability of funds for obligation or expenditure through reprogramming that would: (1) create, initiate, or eliminate a program, project, or activity; (2) increase funds or personnel for any program, project, or activity for which funds are either denied or restricted by this division; (3) reduce funds that are directed to be used for a specific purpose by this division; or (4) reprogram funds for specific projects, programs, or activities by more than specified amounts.

Specifies exceptions and requires the Corps of Engineers to submit a report to Congress establishing the baseline for application of reprogramming and transfer authorities for the current fiscal year.

(Sec. 102) Requires funds provided by this division to be allocated solely in accordance with the division and the explanatory statement, including provisions regarding the determination and designation of new starts.

(Sec. 103) Prohibits funds provided by this title from being used for a contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated. Includes exception for funds made available through reprogramming pursuant to section 101.

(Sec. 104) Permits up to $5.4 million in Operation and Maintenance funds to be transferred to the U.S. Fish and Wildlife Service to mitigate for fisheries lost due to Corps of Engineers projects.

(Sec. 105) Prohibits the Corps of Engineers from using funds to develop, adopt, implement, administer, or enforce any change to regulations in effect on October 1, 2012, pertaining to the definitions of "fill material" or "discharge of fill material" for the purposes of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).

(Sec. 106) Prohibits funds provided by this division from being used for an open lake placement of dredged material originating from Lake Erie or tributaries, unless it is approved under a state water quality certification.

(Sec. 107) Requires the Corps of Engineers to execute an agreement to: (1) transfer the Ten Mile Creek Water Preserve Area Critical Restoration Project to the South Florida Water Management District, and (2) require the District to operate the project as an environmental restoration project to provide water storage and treatment options. Deauthorizes the project upon execution of the transfer agreement.

(Sec. 108) Requires acquisitions funded by this title to comply with regulations that prohibit the Department of Defense from purchasing a certain anchor and mooring chain unless it is procured from a U.S. manufacturer.

(Sec. 109) Prohibits the Corps of Engineers from using funds provided by this division to continue the study of the Missouri River and its tributaries, authorized by the Water Resources Development Act of 2007 to determine actions required to mitigate losses of aquatic and terrestrial habitat, recover federally listed endangered species, and restore the ecosystem to prevent further declines among other native species.

(Sec. 110) Prohibits funds made available by this division from being used to require a permit for the discharge of dredged or fill material under the Clean Water Act for specified agricultural activities.

TITLE II--DEPARTMENT OF THE INTERIOR

Provides appropriations to the Department of the Interior for the Central Utah Project.

Provides appropriations to the Bureau of Reclamation for:

  • Water and Related Resources,
  • the Central Valley Project Restoration Fund,
  • California Bay-Delta Restoration, and
  • Policy and Administration.

Permits appropriations to the Bureau of Reclamation to be used for purchasing replacements for up to five passenger motor vehicles.

(Sec. 201) Prohibits funds provided in this title for Water and Related Resources from being used for a reprogramming that would: (1) create, initiate, or eliminate a program, project, or activity; (2) increase funds for any program, project, or activity for which funds have been denied or restricted by this division; (3) restart or resume any program, project, or activity for which funds are not provided in this division unless prior approval is received from Congress or (4) transfer funds in excess of specified limits or in violation of specified requirements without the approval of Congress.

Requires the Bureau of Reclamation to submit quarterly reports to Congress detailing funds that have been reprogrammed.

(Sec. 202) Prohibits funds provided by this division from being used to determine the final point of discharge for the interceptor drain for the San Luis Unit until Interior and California develop a plan to minimize any detrimental effect of the San Luis drainage waters. Requires the plan to conform to California water quality standards as approved by the EPA.

Directs Interior to classify the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program as either reimbursable or nonreimbursable and collected until fully repaid pursuant to specified alternative repayment plans.

Requires future federal obligations of funds regarding drainage service or drainage studies for the San Luis Unit to be fully reimbursable by San Luis Unit beneficiaries of the service or studies.

(Sec. 203) Amends the Reclamation Safety of Dams Act of 1978 to authorize Interior to conduct construction projects under the Act with benefits that include, but are not limited to additional conservation storage capacity. (Under current law, construction under the Act is limited to dam safety and does not include providing additional conservation storage capacity.)

(Sec. 204) Amends the Reclamation Safety of Dams Act of 1978 to increase: (1) the authorization of appropriations for construction under the Act, and (2) the limitation on appropriations that may be used to modify an existing dam. Requires Interior to notify Congress prior to obligating modification expenditures exceeding specified amounts.

(Sec. 205) Sets forth deadlines for the Bureau of Reclamation to complete specified feasibility studies required by the Water Supply, Reliability, and Environmental Improvement Act for water storage projects in California.

(Sec. 206) Amends the Secure Water Act of 2009 to increase the authorization of appropriations for grants and cooperative agreements for water management improvement from $300 million to $350 million.

(Sec. 207) Amends the Calfed Bay-Delta Authorization Act to extend the authorization through 2017.

TITLE III--DEPARTMENT OF ENERGY

Provides appropriations to the Department of Energy (DOE) for Energy Programs, including:

  • Energy Efficiency and Renewable Energy,
  • Electricity Delivery and Energy Reliability,
  • Nuclear Energy,
  • Fossil Energy Research and Development,
  • Naval Petroleum and Oil Shale Reserves,
  • the Strategic Petroleum Reserve (SPR),
  • the Northeast Home Heating Oil Reserve,
  • the Energy Information Administration,
  • Non-Defense Environmental Cleanup,
  • the Uranium Enrichment Decontamination and Decommissioning Fund,
  • Science,
  • the Advanced Research Projects Agency-Energy,
  • the Title 17 Innovative Technology Loan Guarantee Loan Program,
  • the Advanced Technology Vehicles Manufacturing Loan Program,
  • Departmental Administration, and
  • the Office of the Inspector General.

Provides appropriations for the Atomic Energy Defense Activities of the National Nuclear Security Administration (NNSA), including for:

  • Weapons Activities,
  • Defense Nuclear Nonproliferation,
  • Naval Reactors, and
  • Federal Salaries and Expenses.

Provides appropriations for Defense Environmental Cleanup and Other Defense Activities.

Provides appropriations for the Power Marketing Administrations, including:

  • the Bonneville Power Administration Fund;
  • Southeastern Power Administration Operation and Maintenance;
  • Southwestern Power Administration Operation and Maintenance;
  • Western Area Power Administration Operation and Maintenance, Construction, and Rehabilitation; and
  • the Falcon and Amistad Operating and Maintenance Fund.

Provides appropriations for the Federal Energy Regulatory Commission.

(Sec. 301) Prohibits the use of funds provided in this title for programs, projects, or activities that have not been funded by Congress.

Prohibits specified grants, contracts, allocations, and agreements unless Congress is notified in advance.

Prohibits funds from being used for certain multiyear Department of Energy--Energy Programs activities unless specified conditions are met and Congress is notified.

Establishes requirements and restrictions for the reprogramming of funds provided in this title.

(Sec. 302) Permits unexpended balances of prior appropriations provided for activities in this division to be transferred and merged with appropriations accounts established in this division.

(Sec. 303) Deems funds appropriated by this Act for intelligence activities to be specifically authorized by Congress during FY2016 until the enactment of the Intelligence Authorization Act for FY2016.

(Sec. 304) Prohibits the use of funds made available in this title to construct specified high-hazard nuclear facilities unless independent oversight is conducted by the Office of Independent Enterprise Assessments to ensure compliance with nuclear safety requirements.

(Sec. 305) Prohibits the use of funds provided in this title to approve certain critical decisions for construction projects exceeding $100 million until a separate independent cost estimate has been developed.

(Sec. 306) Prohibits funds made available for Department of Energy--Energy Programs--Science from being used for any multiyear contract, grant, cooperative agreement, or other transaction agreement of $1 million or less unless the agreement is funded for the full period of performance anticipated at the time of award.

(Sec. 307) Prohibits Defense Nuclear Nonproliferation funds from being used for contracts with or agreements for federal assistance to the Russian Federation. Permits DOE to waive the prohibition if the activity is in the national security interests of the United States and a report justifying the waiver is submitted to Congress.

(Sec. 308) Prohibits DOE from establishing any new regional petroleum product reserve unless funding is explicitly requested in advance and approved by Congress.

(Sec. 309) Permits up to $50 million of the funds provided to the NNSA for Weapons Activities to be reprogrammed for Domestic Uranium Enrichment.

(Sec. 310) Rescinds specified unobligated balances that were appropriated to DOE for Science and Energy Efficiency and Renewable Energy.

(Sec. 311) Exempts funds provided by this title for Federally Funded Research and Development Centers from specified requirements regarding resources, planning, and portfolio management of information technology projects.

(Sec. 312) Prohibits funds made available by this division from being used to implement or enforce certain regulations and statutory provisions related to energy conservation standards for incandescent lamps.

(Sec. 313) Requires the deobligation and reallocation of certain Fossil Energy Research and Development and Clean Coal Technology funds that have been provided for solicitations under the Clean Coal Power Initiative and FutureGen that have not reached financial close and have not secured funding sufficient to construct the project prior to 30 days after the date of enactment of this division.

TITLE IV--INDEPENDENT AGENCIES

Provides appropriations for independent agencies, including:

  • the Appalachian Regional Commission,
  • the Defense Nuclear Facilities Safety Board,
  • the Delta Regional Authority,
  • the Denali Commission,
  • the Northern Border Regional Commission,
  • the Southeast Crescent Regional Commission,
  • the Nuclear Regulatory Commission (NRC), and
  • the Nuclear Waste Technical Review Board.

(Sec. 401) Requires the NRC to comply with specified internal procedures when responding to congressional requests for information.

(Sec. 402) Permits the NRC to reprogram funds provided by this title if Congress is notified in advance regarding any proposed reprogramming that would change any program funding level by more than $500,000 or 10 percent, whichever is less. Permits the NRC to waive the notification requirement if compliance would pose a substantial risk to human health, the environment, welfare, or national security.

Prohibits NRC funds from being used for a reprogramming that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this division.

Requires the NRC to submit a monthly report to Congress that includes total budget authority, unobligated balances, and unliquidated obligations for each program, project, or activity.

(Sec. 403) Amends the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 to permit the interest from the Trans-Alaska Pipeline Liability Fund that is deposited into the Oil Spill Liability Trust Fund and transferred to the Denali Commission to be used 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) Prohibits funds provided by this division from being used to influence congressional action on any legislation or appropriation matters pending before Congress.

(Sec. 502) Prohibits transfers of funds made available in title III (Department of Energy) of this division except pursuant to specified authorities for transferring funds or providing goods and services to another entity of the U.S. government.

Requires agencies that utilize transfer authority to provide a semiannual report to Congress detailing the transfer authority used, including the amounts transferred and the purposes for which they were transferred.

(Sec. 503) Prohibits funds provided by this division from being used in contravention of Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations).

Financial Services and General Government Appropriations Act, 2016

DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2016

The Financial Services and General Government Appropriations Act, 2016 provides FY2016 appropriations to the Department of the Treasury, the Executive Office of the President, the judiciary, the District of Columbia, and several independent agencies.

The agencies funded in this division are responsible for activities that include:

  • regulating the financial, telecommunications, and consumer products industries;
  • collecting taxes and assisting taxpayers;
  • managing federal buildings and the federal workforce; and
  • operating the Executive Office of the President, the judiciary, and the District of Columbia.

This division increases overall Financial Services and General Government funding above FY2015 levels.

Department of the Treasury Appropriations Act, 2016

TITLE I--DEPARTMENT OF THE TREASURY

Provides appropriations to the Department of the Treasury for Departmental Offices, including:

  • Salaries and Expenses,
  • the Office of Terrorism and Financial Intelligence,
  • Department-Wide Systems and Capital Investment Programs,
  • the Office of Inspector General,
  • the Treasury Inspector General for Tax Administration, and
  • the Special Inspector General for the Troubled Asset Relief Program.

Provides appropriations to Treasury for:

  • the Financial Crimes Enforcement Network,
  • the Bureau of the Fiscal Service,
  • the Alcohol and Tobacco Tax and Trade Bureau,
  • the U.S. Mint, and
  • the Community Development Financial Institutions Fund Program Account.

Rescinds specified unobligated balances from the Treasury Forfeiture Fund.

Provides appropriations to the Internal Revenue Service (IRS) for:

  • Taxpayer Services,
  • Enforcement,
  • Operations Support, and
  • Business Systems Modernization.

(Sec. 101) Permits up to 5% of any IRS appropriation provided by this division to be transferred to any other IRS appropriation upon advance approval of Congress.

(Sec. 102) Requires the IRS to maintain an employee training program that includes taxpayers' rights, dealing courteously with taxpayers, cross-cultural relations, ethics, and the impartial application of tax law.

(Sec. 103) Requires the IRS to institute and enforce policies and procedures to safeguard the confidentiality of taxpayers' information and protect against identity theft.

(Sec. 104) Permits the IRS to use funds for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers.

(Sec. 105) Bars the IRS from using funds provided by this division to make a video unless it is approved in advance by the Service-Wide Video Editorial Board.

(Sec. 106) Requires the IRS to: (1) issue a notice of confirmation of any address changes relating to an employer making employment tax payments, and (2) give special consideration to an offer-in-compromise from a taxpayer who has been the victim of fraud by a third party payroll tax preparer.

(Sec. 107) Prohibits the IRS from using funds provided by this division to target U.S. citizens for exercising any rights guaranteed under the First Amendment to the U.S. Constitution.

(Sec. 108) Prohibits the IRS from using funds provided by this division to target groups for regulatory scrutiny based on their ideological beliefs.

(Sec. 109) Requires the IRS to comply with certain procedures and policies for conference spending that were recommended by the Treasury Inspector General for Tax Administration.

(Sec. 110) Prohibits the IRS from using funds provided by this division for providing employee bonuses or hiring former employees without considering conduct and federal tax compliance.

(Sec. 111) Prohibits the IRS from using funds provided by this division to violate the confidentiality of tax returns.

(Sec. 112) Prohibits the IRS from using funds provided by this division for pre-populated returns.

(Sec. 113) Provides additional funds to the IRS for measurable improvements in the customer service representative level of service rate, to improve the identification and prevention of refund fraud and identity theft, and to enhance cybersecurity to safeguard taxpayer data. Prohibits the funds from being used for implementation for the Patient Protection and Affordable Care Act (PPACA).

(Sec. 114) Permits Treasury to use funds provided by this division for uniforms, overseas motor vehicles and insurance, contracts with the Department of State for health and medical services for overseas Treasury employees, and experts or consultants

(Sec. 115) Permits certain transfers between Treasury accounts, subject to congressional approval and specified requirements.

(Sec. 116) Permits the IRS to transfer certain funds to the Treasury Inspector General for Tax Administration, subject to congressional approval and specified requirements.

(Sec. 117) Bars Treasury or the Bureau of Engraving and Printing from using funds to redesign the $1 Federal Reserve note.

(Sec. 118) Permits Treasury to transfer funds from Bureau of Fiscal Services--Salaries and Expenses to the Debt Collection Fund to cover the costs of debt collection. Requires the transferred amounts to be reimbursed from debt collections received in the Fund.

(Sec. 119) Prohibits the U.S. Mint from using funds to construct or operate any museum without congressional approval.

(Sec. 120) Prohibits the use of funds to merge the U.S. Mint and the Bureau of Engraving and Printing without congressional approval.

(Sec. 121) Deems funds provided for Treasury's intelligence-related activities as authorized for FY2016 until enactment of the Intelligence Authorization Act for FY2016.

(Sec. 122) Permits up to $5,000 to be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for official reception and representation expenses.

(Sec. 123) Requires Treasury to submit a capital investment plan to Congress.

(Sec. 124) Requires the Office of Financial Stability and the Office of Financial Research to report quarterly to Congress on their activities.

(Sec. 125) Requires Treasury to report to Congress on the Franchise Fund.

(Sec. 126) Requires Treasury to report to Congress on economic warfare and financial terrorism.

(Sec. 127) Prohibits Treasury from using funds for certain regulations, revenue rulings, or other guidance related to the standards used to determine the tax-exempt status of a 501(c)(4) organization.

Executive Office of the President Appropriations Act, 2016

TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

Provides FY2016 appropriations to the Executive Office of the President and designated accounts, including:

  • the White House,
  • the Executive Residence at the White House,
  • White House Repair and Restoration,
  • the Council of Economic Advisers,
  • the National Security Council and the Homeland Security Council,
  • the Office of Administration,
  • the Office of Management and Budget (OMB),
  • the Office of National Drug Control Policy,
  • Unanticipated Needs,
  • Information Technology Oversight and Reform,
  • Special Assistance to the President, and
  • the Official Residence of the Vice President.

(Sec. 201) Permits certain transfers of funds between accounts within the Executive Office of the President, subject to congressional approval and specified requirements.

(Sec. 202) Require the OMB to report to Congress on the costs of implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank).

(Sec. 203) Requires the OMB to include a statement of budgetary impact with any executive order or Presidential memorandum issued during FY2016.

Judiciary Appropriations Act, 2016

TITLE III--THE JUDICIARY

Provides FY2016 appropriations to the judiciary for:

  • the Supreme Court of the United States;
  • the U.S. Court of Appeals for the Federal Circuit;
  • the U.S. Court of International Trade;
  • Courts of Appeals, District Courts, and Other Judicial Services;
  • the Administrative Office of the U.S. Courts;
  • the Federal Judicial Center; and
  • the U.S. Sentencing Commission.

(Sec. 301) Permits funds provided by this title for salaries and expenses to be used for the employment of temporary or intermittent experts and consultants.

(Sec. 302) Permits certain transfers of funds between judiciary accounts, subject to congressional notification and specified requirements.

(Sec. 303) Permits up to $11,000 of appropriations provided for salaries and expenses for Courts of Appeals, District Courts, and Other Judicial Services to be used for official reception and representation expenses of the Judicial Conference of the United States.

(Sec. 304) Permits the delegation of authority to the judiciary for contracts for repairs that are under $100,000.

(Sec. 305) Continues a pilot program for the U.S. Marshals Service to provide perimeter security services at selected courthouses.

(Sec. 306) Amends the Judicial Improvements Act of 1990; the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006; and the 21st Century Department of Justice Appropriations Authorization Act to extend several temporary judgeships.

(Sec. 307) Permits a U.S. probation officer who has been appointed in one district to provide supervision services to another district with the consent of both courts.

District of Columbia Appropriations Act, 2016

TITLE IV--DISTRICT OF COLUMBIA

Provides FY2016 appropriations to the District of Columbia, including federal payments for:

  • Resident Tuition Support;
  • Emergency Planning and Security Costs in the District of Columbia;
  • District of Columbia Courts;
  • Defender Services in District of Columbia Courts;
  • the Court Services and Offender Supervision Agency for the District of Columbia;
  • the District of Columbia Public Defender Service;
  • the District of Columbia Water and Sewer Authority;
  • the Criminal Justice Coordinating Council;
  • Judicial Commissions;
  • School Improvement;
  • the District of Columbia National Guard; and
  • Testing and Treatment of HIV/AIDS.

Provides local funds for the operation of the District of Columbia out of the General Fund of the District of Columbia as set forth in the FY2016 Budget Request Act of 2015 that the District of Columbia submitted to Congress.

TITLE V--INDEPENDENT AGENCIES

Provides appropriations for independent agencies, including:

  • the Administrative Conference of the United States,
  • the Consumer Product Safety Commission,
  • the Election Assistance Commission,
  • the Federal Communications Commission (FCC),
  • the Federal Deposit Insurance Corporation,
  • the Federal Election Commission (FEC),
  • the Federal Labor Relations Authority,
  • the Federal Trade Commission (FTC),
  • the General Services Administration (GSA),
  • the Harry S. Truman Scholarship Foundation,
  • the Merit Systems Protection Board,
  • the Morris K. Udall and Stewart L. Udall Foundation,
  • the National Archives and Records Administration,
  • the National Credit Union Administration,
  • the Office of Government Ethics,
  • the Office of Personnel Management (OPM),
  • the Office of Special Counsel,
  • the Postal Regulatory Commission,
  • the Privacy and Civil Liberties Oversight Board,
  • the Securities and Exchange Commission (SEC),
  • the Selective Service System,
  • the Small Business Administration (SBA),
  • the U.S. Postal Service, and
  • the U.S. Tax Court.

Requires the U.S. Postal Service to continue six day delivery and rural delivery of the mail at not less than the 1983 level.

(Sec. 501) Amends the Universal Service Antideficiency Temporary Suspension Act to extend the exemption for the FCC's Universal Service Fund from provisions of the Antideficiency Act limiting the expenditure and obligation of funds by federal employees.

(Sec. 502) Prohibits the FCC from using funds provided by this division to change the rules for universal service payments to implement recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions.

(Sec. 510) Permits the GSA to use funds to hire passenger motor vehicles.

(Sec. 511) Permits funds provided for the Federal Buildings Fund to be transferred between activities if necessary to meet program requirements, subject to congressional approval.

(Sec. 512) Requires budget requests for courthouse construction funds to meet specified standards.

(Sec. 513) Prohibits funds provided by this division from being used to increase square footage, provide cleaning services or security enhancements, or provide any other service usually provided through the Federal Buildings Fund to any agency that does not pay the assessed rent.

(Sec. 514) Permits the GSA to use specified funds to pay claims against the federal government that are under $250,000 and arise from direct construction projects and building acquisitions if Congress is notified in advance.

(Sec. 515) Requires GSA, if specified congressional committees adopt a resolution granting lease authority pursuant to a prospectus, to ensure that the delineated area of procurement matches the prospectus.

(Sec. 516) Requires GSA to submit a spending plan and explanation to Congress for each project funded with the Major Repairs and Alterations and Judiciary Capital Security Program accounts, and E-Government projects funded with the Federal Citizens Services Fund.

(Sec. 517) Requires the GSA to submit to Congress a spending plan regarding projects funded under the New Construction Projects of the Federal Judiciary account.

(Sec. 518) Requires the GSA to submit to Congress a spending plan regarding joint U.S. courthouses and federal buildings, including post offices.

(Sec. 520) Permits the SBA to transfer specified funds between appropriations accounts.

(Sec. 521) Permits the SBA to carry out provisions of the Small Business Act of 1958 which permit loans for plant acquisition, construction, conversion, and expansion to include a limited amount of debt refinancing, in any fiscal year in which the cost to the federal government of making the guarantees is zero.

Amends the Small Business Investment Act of 1958 to increase the cap on SBA funds made available to two or more companies that are commonly controlled.

TITLE VI--GENERAL PROVISIONS--THIS ACT

Sets forth permissible, restricted, and prohibited uses for funds provided by this division.

(Sec. 601) Prohibits funds provided by this division from being used to pay expenses or otherwise compensate non-federal parties intervening in regulatory or adjudicatory proceedings funded in this division.

(Sec. 602) Prohibits funds provided by this division from being obligated beyond the current fiscal year or transferred to other appropriations unless authority is expressly provided by this division.

(Sec. 603) Limits expenditures for consulting services to contracts where expenditures are a matter of public record, except where otherwise permitted under existing law.

(Sec. 604) Prohibits funds provided by this division from being transferred to any department, agency, or instrumentality of the U.S. government, except pursuant to transfer authority provided by an appropriations Act.

(Sec. 605) Requires enforcement of a Tariff Act of 1930 provision barring the importation of goods manufactured using convict labor.

(Sec. 606) Requires entities receiving funds provided by this division to comply with the Buy American Act.

(Sec. 607) Prohibits the use of funds provided by this division by any person or entity convicted of violating the Buy American Act.

(Sec. 608) Provides authority, restrictions, and requirements for reprogramming. Requires agencies funded in this division to submit to Congress a report establishing a baseline for the application of reprogramming and transfer authorities.

(Sec. 609) Permits up to 50% of unobligated balances remaining at the end of FY2016 for salaries and expenses to remain available through FY2017, subject to reprogramming guidelines and congressional approval.

(Sec. 610) Prohibits the Executive Office of the President from using funds provided by this division to request either a Federal Bureau of Investigation background investigation or an IRS determination of tax-exempt status under section 501(a) of the Internal Revenue Code, except with the consent of the individual involved in an investigation or in extraordinary circumstances involving national security.

(Sec. 611) Makes certain cost accounting standards inapplicable to contracts under the Federal Employees Health Benefits Program.

(Sec. 612) Permits the OPM to accept and utilize funds made available for resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program.

(Sec. 613) Prohibits funds provided by this division from being used to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal Employees Health Benefits Program which provides any benefits or coverage for abortions.

(Sec. 614) Provides exceptions to the prohibition in section 613 if the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest.

(Sec. 615) Waives Buy American Act restrictions for commercial information technology acquired by the federal government.

(Sec. 616) Prohibits an officer or employee of any regulatory agency or commission funded by this division from accepting payments or reimbursements for travel, subsistence, or related expenses from a person or entity regulated by the agency or commission, subject to an exception for nonprofit tax-exempt organizations.

(Sec. 617) Permits the Commodity Futures Trading Commission and the SEC to use funds for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues.

(Sec. 618) Requires agencies covered by this division to consult with GSA before seeking new office space or making alterations to existing office space. Permits any agency with authority to enter into an emergency lease to do so during any period declared by the President to require emergency leasing authority.

(Sec. 619) Provides funds required under current law for:

  • compensation of the President;
  • payments to the Judicial Officers' Retirement Fund, the Judicial Survivors' Annuities Fund, and the U.S. Court of Federal Claims Judges' Retirement Fund;
  • payment of government contributions for health and life insurance benefits of federal retired employees;
  • payments to finance the unfunded liability of annuity benefits under the Civil Service Retirement and Disability Fund; and
  • payments of annuities authorized to be paid from the Civil Service Retirement and Disability Fund.

(Sec. 620) Permits the Public Company Accounting Oversight Board to obligate specified funds to remain available until expended for the scholarship program established by the Sarbanes-Oxley Act of 2002.

(Sec. 621) Prohibits the FTC from using funds provided by this division to complete the draft report entitled "Interagency Working Group on Food Marketed to Children: Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts" unless the Working Group complies with Executive Order 13563 (Improving Regulation and Regulatory Review).

(Sec. 622) Bars the use of funds provided by this division for the following positions:

  • Director, White House Office of Health Reform;
  • Assistant to the President for Energy and Climate Change;
  • Senior Advisor to the Secretary of the Treasury assigned to the Presidential Task Force on the Auto Industry and Senior Counselor for Manufacturing Policy; and
  • White House Director of Urban Affairs.

(Sec. 623) Prohibits OPM from using funds provided by this division to permit security clearance-related background investigators to conduct final quality reviews of their own work.

(Sec. 624) Requires agencies funded by this division to ensure that the Chief Information Office of the agency has the authority to participate in budgeting decisions related to information technology. Requires funding for information technology to be allocated consistent with guidance provided by appropriations Acts, OMB, and the agency's Chief Information Officer.

(Sec. 625) Prohibits funds provided by this division from being used in contravention of the Federal Records Act.

(Sec. 626) Rescinds specified unobligated balances from the Securities and Exchange Commission Reserve Fund established by Dodd-Frank.

(Sec. 627) Prohibits funds provided by this division from being used to require Internet service providers to disclose electronic communications information in a manner that violates the Fourth Amendment of the U.S. Constitution.

(Sec. 628) Prohibits implementation for 10 years of an FCC rule related to joint sales agreements. (Joint sales agreements permit the sales staff of one broadcast station to sell advertising time on a separately owned station within the same local market, with the two stations dividing the revenue.)

(Sec. 629) Prohibits the CPSC from using funds provided by this division to finalize or implement the Safety Standard for Recreational Off-Highway Vehicles until the National Academy of Sciences completes and reports to Congress on a specified study related to the standard.

(Sec. 630) Permits specified unobligated balances from the Election Assistance Commission--Election Reform Programs account to be used to record a disbursement previously incurred under that heading in FY2014 against a 2008 cancelled account.

(Sec. 631) Prohibits the FCC from making modifications to Universal Service Fund rules related to Mobility Fund Phase II.

(Sec. 632) Requires OPM to provide comprehensive identify protection coverage to individuals affected by the data breach of OPM systems. Requires the coverage to be effective for at least 10 years and include at least $5 million in identity theft insurance.

(Sec. 633) Extends the Internet Tax Freedom Act through October 1, 2016.

(Sec. 634) Requires the federal banking agencies to jointly study the appropriate capital requirements for mortgage servicing assets for banking institutions.

(Sec. 635) Provides additional funding to the National Archives and Records Administration for the repair, alteration, and improvement of an additional leased facility to provide adequate storage for holdings of Congress.

TITLE VII--GENERAL PROVISIONS--GOVERNMENT-WIDE

Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts.

(Sec. 701) Prohibits the use of appropriations by any federal department, agency, or instrumentality unless it administers a policy designed to ensure that all workplaces are free from the illegal use, possession, or distribution of controlled substances.

(Sec. 702) Establishes price limitations on vehicles purchased by the federal government and specifies exceptions.

(Sec. 703) Permits appropriations for the current fiscal year to be used for quarters and cost-of-living allowances.

(Sec. 704) Prohibits the employment of noncitizens with certain exceptions.

(Sec. 705) Permits appropriations provided to any department or agency for necessary expenses such as maintenance and operating expenses to be used for payments to the GSA for space and services.

(Sec. 706) Permits agencies to finance the costs of recycling and waste prevention programs with proceeds from the sale of materials recovered through the programs

(Sec. 707) Permits funds provided to certain corporations and agencies for administrative expenses to be used to pay rent and other service costs in the District of Columbia.

(Sec. 708) Prohibits interagency financing of boards, commissions, councils, committees, or similar groups absent prior statutory approval.

(Sec. 709) Prohibits funds from being used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution.

(Sec. 710) Prohibits spending more than $5000 to redecorate or furnish the office of the head of a department or agency in specified circumstances unless Congress is notified in advance.

(Sec. 711) Permits interagency funding of national security and emergency preparedness telecommunications initiatives.

(Sec. 712) Requires agencies to certify that certain appointments were not created solely or primarily to detail an individual to the White House.

(Sec. 713) Bars payment of any employee who prohibits, threatens, prevents, or otherwise penalizes another employee from communicating with Congress.

(Sec. 714) Prohibits funds from being used for training that is not directly related to the performance of official duties.

(Sec. 715) Prohibits an agency of the executive branch from using funds for publicity or propaganda purposes and for the preparation or distribution of materials designed to support or defeat legislation pending before Congress.

(Sec. 716) Prohibits an agency from providing a federal employee's home address to any labor organization absent employee authorization or a court order.

(Sec. 717) Prohibits funds from being used to provide any non-public information such as mailing, telephone, or electronic mailing lists to any organization outside the federal government without approval of Congress.

(Sec. 718) Prohibits funds from being used for propaganda and publicity purposes not authorized by Congress.

(Sec. 719) Directs agency employees to use official time in an honest effort to perform official duties.

(Sec. 720) Allows the use of funds to finance an appropriate share of the Federal Accounting Standards Advisory Board administrative costs.

(Sec. 721) Permits agencies to transfer funds to the GSA to support specified government-wide and multiagency activities that meet certain requirements and are approved by OMB.

(Sec. 722) Permits breastfeeding at any location in a federal building or on federal property if the woman and child are authorized to be there.

(Sec. 723) Permits interagency funding of the National Science and Technology Council, and requires the OMB to provide a report describing the budget and resources connected with the council.

(Sec. 724) Requires documents involving the distribution of federal funds to indicate the agency providing the funds and the amount provided.

(Sec. 725) Prohibits federal agencies from using funds to monitor individuals' Internet use, subject to specified exceptions.

(Sec. 726) Prohibits the use of funds provided by this division for health plans with prescription drug coverage unless contraceptive coverage is included. Includes exemptions for certain religious plans. Prohibits plans from discriminating against individuals who refuse to provide contraceptives due to religious beliefs or moral convictions.

(Sec. 727) States that the United States is committed to ensuring the health of its Olympic, Pan American, and Paralympic athletes, and supports the strict adherence to anti-doping in sports through testing, adjudication, education, and research.

(Sec. 728) Permits federal agencies and departments to use funds appropriated for official travel to participate in the fractional aircraft ownership pilot program, if consistent with OMB Circular A-126 regarding official travel for government personnel.

(Sec. 729) Prohibits funds from being used to implement OPM regulations limiting executive branch detailees to the legislative branch or to implement limitations on the Coast Guard Congressional Fellowship Program.

(Sec. 730) Prohibits agencies from using funds for additional law enforcement training facilities that are not within or contiguous to existing locations without the approval of Congress. Permits the Federal Law Enforcement Training Center to obtain the temporary use of additional facilities for training which cannot be accommodated in existing facilities.

(Sec. 731) Prohibits agencies from using funds to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a notification that it was prepared or funded by the agency.

(Sec. 732) Prohibits the use of funds in contravention of the Privacy Act or associated regulations.

(Sec. 733) Prohibits the use of funds for contracts with any foreign incorporated entity which is an inverted domestic corporation. Requires a waiver if necessary for national security. Exempts contracts entered into prior to enactment of this division.

(Sec. 734) Requires agencies to pay a fee to the OPM for processing retirements of employees who separate under Voluntary Early Retirement Authority or receive Voluntary Separation Incentive Payments.

(Sec. 735) Bars the use of funds to recommend or require any entity submitting an offer for a federal contract to disclose specified political contribution as a condition of submitting the offer.

(Sec. 736) Bars the use of funds for portraits of a federal officer or employee, including the President, the Vice President, a Member of Congress, or the head of an executive branch agency or legislative branch office.

(Sec. 737) Limits pay increases for certain categories of prevailing rate employees.

(Sec. 738) Eliminates automatic pay increases for the Vice President and certain categories of political appointees.

(Sec. 739) Requires agencies to submit annual reports to Inspectors General or senior ethics officials regarding the costs and contracting procedures for conferences that cost more than $100,000.

(Sec. 740) Prohibits the use of funds to increase, eliminate, or reduce funding for a program, project, or activity, unless the changes have been enacted into law or made using transfer or reprogramming authority provided in an appropriations Act.

(Sec. 741) Prohibits funds from being used for an OPM rule revising the definition of competitive area used in reductions-in-force for federal employees.

(Sec. 742) Prohibits funds from being used to begin or announce a study or public-private competition regarding the conversion of functions performed by federal employees to contractor performance.

(Sec. 743) Prohibits funds from being used to require contractors or employees to sign confidentiality agreements or statements restricting or prohibiting the reporting of waste, fraud, or abuse to investigative or law enforcement representatives.

(Sec. 744) Prohibits the use of funds to implement or enforce a nondisclosure agreement unless it meets specified criteria.

(Sec. 745) Prohibits the use of funds for specified transactions with any corporation with certain unpaid federal tax liabilities, unless an agency has considered suspension or debarment of the corporation and decided that further action is not necessary to protect the interests of the government.

(Sec. 746) Prohibits the use of funds for specified transactions with any corporation that was convicted of a felony within the preceding 24 months, unless an agency has considered suspension or debarment of the corporation and decided that further action is not necessary to protect the interests of the government.

(Sec. 747) Amends the congressional charter of Group Hospitalization and Medical Services, Inc (GHMSI) to require the agreement of the District of Columbia, Maryland and Virginia before any of the jurisdictions may order GHMSI to dispose of a surplus for any year after 2011. (GHMSI is a subsidiary of CareFirst that operates in portions of Maryland, Virginia, and the District of Columbia.)

(Sec. 748) Requires the CFPB to notify Congress of any request for a transfer of funds from the Board of Governors of the Federal Reserve System.

(Sec. 749) Authorizes the President to award the Medal of Honor to Charles S. Kettles for acts of valor during the Vietnam War.

(Sec. 750) Prohibits the use of funds for Executive Order 13690 (Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input) with specified exceptions.

(Sec. 751) Provides that references to "this Act" shall not apply to titles IV (District of Columbia) or VIII (General Provisions--District of Columbia) unless it is included in those titles or expressly provided for in this bill.

TITLE VIII--GENERAL PROVISIONS--DISTRICT OF COLUMBIA

Sets forth permitted, restricted, and prohibited uses of funds appropriated by this division for the District of Columbia.

(Sec. 801) Appropriates District of Columbia funds for making refunds and paying settlements or judgments against the District of Columbia government.

(Sec. 802) Prohibits the use of federal funds provided by this division for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any state legislature.

(Sec. 803) Establishes reprogramming procedures for federal funds.

(Sec. 804) Prohibits the use of federal funds for the salaries and expenses of shadow U.S. Representatives or Senators.

(Sec. 805) Requires official vehicles provided to any officer or employee of the District of Columbia to be used only for official duties.

(Sec. 806) Prohibits the use of federal funds for a petition drive or civil action seeking voting representation in Congress for the District.

(Sec. 807) Bars the use of federal funds provided by this division to distribute needles or syringes for preventing the spread of blood borne pathogens in any location that local public health or law enforcement authorities have determined to be inappropriate for distribution.

(Sec. 808) Provides that nothing in this division prevents the Council or the Mayor from addressing contraceptive coverage by health insurance plans. Expresses the intent of Congress that legislation enacted on the issue should include a conscience clause providing exceptions for religious beliefs and moral convictions.

(Sec. 809) Prohibits the use of federal funds provided by this division to legalize or otherwise reduce penalties for the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols derivative (THC, the psychoactive component of marijuana).

Prohibits the use of funds provided by this division to legalize or reduce penalties for possession, use, or distribution of any schedule I substance under the Controlled Substance Act or any tetrahydrocannabinols derivative (THC, the psychoactive component of marijuana) for recreational purposes.

(Sec. 810) Prohibits federal funds provided by this bill division being used for abortions except where the mother's life would be endangered if the fetus were carried to term, or in cases of rape or incest.

(Sec. 811) Requires the Chief Financial Officer (CFO) of the District of Columbia to submit to Congress, the Mayor, and the Council a revised operating budget for agencies requiring a reallocation to address unanticipated changes in program requirements.

(Sec. 812) Requires the CFO of the District of Columbia to submit to Congress, the Mayor, and the Council a revised operating budget for the District of Columbia Public Schools that aligns the school budget to actual enrollment.

(Sec. 813) Permits the District of Columbia to reprogram or transfer funds between operating funds and capital and enterprise funds. Prohibits the transfer of any funds derived from bonds, notes, or other obligations issued for capital projects.

(Sec. 814) Prohibits federal funds from being obligated beyond the current fiscal year or transferred unless expressly permitted in this division.

(Sec. 815) Permits up to 50% of unobligated balances available at the end of FY2016 from federal appropriations for salaries and expenses to remain available through FY2017, subject to congressional approval and reprogramming guidelines.

(Sec. 816) Appropriates local funds to the District of Columbia for FY2017 if no continuing resolution or regular appropriation for the District of Columbia is in effect. Provides the funds under the same authorities, conditions, and manner as provided for FY2016.

D.C. Opportunity Scholarship Program School Certification Requirements Act

(Sec. 817) Amends the Scholarships for Opportunity and Results Act to add additional requirements for schools participating in the Opportunity Scholarship Program, which awards scholarships to District of Columbia families to enroll their children in participating private schools.

(Sec. 818) Amends the D.C. College Access Act of 1999 to reduce the income threshold for D.C. Tuition Assistance Grant recipients for 2016-2017 and adjust the threshold for inflation in subsequent years.

(Sec. 819) Provides that references to "this Act" in this title or title IV (District of Columbia) refer only to those titles, unless this Act expressly provides otherwise.

Department of Homeland Security Appropriations Act, 2016

DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2016

The Department of Homeland Security Appropriations Act, 2016 provides FY2016 appropriations for the Department of Homeland Security (DHS), including:

  • U.S. Customs and Border Protection,
  • the U.S. Coast Guard,
  • U.S. Immigration and Customs Enforcement,
  • the Transportation Security Administration,
  • the Federal Emergency Management Agency,
  • the U.S. Secret Service, and
  • other DHS programs.

This division increases funding for DHS compared to the FY2015 funding level.

TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

Provides appropriations for:

  • the Office of the Secretary and Executive Management,
  • the Office of the Under Secretary for Management,
  • the Office of the Chief Financial Officer,
  • the Office of the Chief Information Officer,
  • Analysis and Operations, and
  • the Office of Inspector General.

Requires DHS to submit to Congress a comprehensive plan for implementation of the biometric entry and exit data system required by the Intelligence Reform and Terrorism Prevention Act of 2004, and a report on visa overstay data by country as required by existing laws. Withholds $13 million in funds from the Office of the Secretary and Executive Management until both the plan and the report are submitted.

Requires DHS to submit a Comprehensive Acquisition Status Report and the Future Years Homeland Security Program with the President's FY2017 budget.

TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

Provides appropriations to U.S. Customs and Border Protection (CBP) for:

  • Salaries and Expenses;
  • Automation Modernization;
  • Border Security Fencing, Infrastructure, and Technology;
  • Air and Marine Operations; and
  • Construction and Facilities Management.

Provides appropriations to U.S. Immigration and Customs Enforcement (ICE) for: (1) Salaries and Expenses, and (2) Automation Modernization.

Provides appropriations to the Transportation Security Administration (TSA) for:

  • Aviation Security,
  • Surface Transportation Security,
  • Intelligence and Vetting, and
  • Transportation Security Support.

Requires the TSA to submit reports to Congress on: (1) efforts to develop more advanced passenger screening technologies and deploy the existing passenger and baggage screener workforce in the most cost effective manner, and (2) labor savings from the deployment of improved technologies for passenger and baggage screening.

Prohibits the TSA from exempting Members of Congress and specified federal officials from federal passenger and baggage screening.

Provides appropriations to the U.S. Coast Guard for:

  • Operating Expenses;
  • Environmental Compliance and Restoration;
  • Reserve Training;
  • Acquisition, Construction, and Improvements;
  • Research, Development, Test, and Evaluation; and
  • Retired Pay.

Requires the Coast Guard to submit a future-years capital investment plan to Congress and withholds specified funds until the plan is submitted.

Provides appropriations to the U.S. Secret Service for: (1) Salaries and Expenses; and (2) Acquisition, Construction, Improvements, and Related Expenses.

TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

Provides appropriations to the National Protection and Programs Directorate for:

  • Management and Administration,
  • Infrastructure Protection and Information Security,
  • the Federal Protective Service, and
  • the Office of Biometric Identity Management.

Provides appropriations for the Office of Health Affairs.

Provides appropriations to the Federal Emergency Management Agency (FEMA) for:

  • Salaries and Expenses,
  • State and Local Programs,
  • Firefighter Assistance Grants,
  • Emergency Management Performance Grants,
  • the Radiological Emergency Preparedness Program,
  • the U.S. Fire Administration,
  • the Disaster Relief Fund,
  • the Flood Hazard Mapping and Risk Analysis Program,
  • the National Flood Insurance Fund,
  • the National Predisaster Mitigation Fund, and
  • Emergency Food and Shelter.

Requires FEMA to submit specified reports to Congress on the Disaster Relief Fund, including the balances of appropriations, obligations for catastrophic and non-catastrophic events, and obligations and activities related to disaster relief and emergencies.

TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

Provides appropriations for U.S. Citizenship and Immigration Services (USCIS).

Provides appropriations to the Federal Law Enforcement Training Center for: (1) Salaries and Expenses; and (2) Acquisition, Construction, Improvements, and Related Expenses.

Provides appropriations for Science and Technology for: (1) Management and Administration; and (2) Research, Development, Acquisition and Operations.

Provides appropriations to the Domestic Nuclear Detection Office for: (1) Management and Administration; (2) Research, Development, and Operations; and (3) Systems Acquisition.

TITLE V--GENERAL PROVISIONS

Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts.

(Sec. 501) Prohibits appropriations provided by this division from remaining available for obligation beyond the current fiscal year unless expressly provided.

(Sec. 502) Permits unexpended balances of prior appropriations to be transferred and merged to new accounts and used for the same purpose, subject to reprogramming guidelines.

(Sec. 503) Sets forth restrictions, guidelines, and requirements for the reprogramming and transfer of funds provided by this division.

(Sec. 504) Extends the authority for the DHS Working Capital Fund (WCF) and prohibits DHS from using funds to make payments to the WCF, except for activities and amounts allowed in the President's FY2016 budget. Permits funds provided to the WCF to remain available until expended and sets forth restrictions and requirements for the WCF.

(Sec. 505) Permits up to 50% of the unobligated balances remaining at the end of FY2016 from appropriations for salaries and expenses to remain available through FY2017, if a request is submitted to Congress in accordance with reprogramming guidelines.

(Sec. 506) Deems funds provided by this division for intelligence activities to be specifically authorized during FY2016 until the enactment of an Act authorizing intelligence activities for FY2016.

(Sec. 507) Requires DHS to notify Congress prior to awarding or announcing the intent to award specified grant allocations, grants, contracts, task or delivery orders, or other transaction agreements. Permits a waiver if compliance would pose a substantial risk to human life, health, or safety and DHS notifies Congress after the award is made.

(Sec. 508) Prohibits the use of funds for additional law enforcement training facilities without notifying Congress in advance. Permits the Federal Law Enforcement Training Center to obtain the temporary use of additional facilities for training which cannot be accommodated in existing facilities.

(Sec. 509) Prohibits the use of funds provided by this division for a construction, repair, alteration, or acquisition project for which a required prospectus has not been approved.

(Sec. 510) Applies provisions of the Department Homeland Security Appropriations Act, 2008 related to a contracting officer's technical representative training, disclosure of sensitive security information, and minimum federal fleet requirements to funds provided by this division. Excludes funds provided by this or any other Act from a requirement that DHS report to Congress on documents designated as sensitive security information. Eliminates certain reporting requirements.

(Sec. 511) Prohibits funds provided by this division from being used in contravention of the Buy American Act.

(Sec. 512) Prohibits funds provided by this division from being used to amend the oath of allegiance required by the Immigration and Nationality Act.

(Sec. 513) Requires the DHS Chief Financial Officer to submit monthly budget execution and staffing reports to Congress.

(Sec. 514) Requires funds provided to TSA for Aviation Security, Administration, and Transportation Security Support for FY2004 and FY2005 that are recovered or deobligated to be used only for the procurement or installation of explosive detection, air cargo, baggage, and checkpoint screening systems, subject to congressional notification and reporting requirements.

(Sec. 515) Prohibits funds from being used for a competition for services provided by employees of the U.S. Citizen and Immigration Services (USCIS) known as Immigration Information Officers, Immigration Service Analysts, Contact Representatives, Investigative Assistants, or Immigration Services Officers.

(Sec. 516) Requires funds appropriated to the Coast Guard for FY2002-FY2006 for the 110-123 foot patrol boat conversion that are recovered, collected, or otherwise received as the result of negotiation, mediation, or litigation to be available until expended for the Fast Response Cutter program.

(Sec. 517) Classifies the functions of the Federal Law Enforcement Training Center instructor staff as inherently governmental (rather than commercial, which would require source competition) for the purposes of the Federal Activities Inventory Reform Act of 1998.

(Sec. 518) Requires the Secretary of Homeland Security to submit a report to the DHS Office of Inspector General (OIG) listing all grants and contracts awarded in FY2016 without a full and open competition. Requires the OIG to review the report for compliance with laws and regulations and submit the results to Congress.

(Sec. 519) Prohibits funds from being used for the Principal Federal Official during any Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) declared disaster or emergency unless specified exceptions apply.

(Sec. 520) Prohibits DHS from using funds provided by this division for a reorganization unless otherwise authorized by law.

(Sec. 521) Prohibits the establishment of an Office of Chemical, Biological, Radiological, Nuclear, and Explosives Defense until it is authorized by Congress. Permits the transfer of funds to establish the office if it is authorized.

(Sec. 522) Prohibits the USCIS from using funds provided by this division to grant an immigration benefit to an individual unless required background checks have been completed, received by DHS, and do not preclude the granting of the benefit.

(Sec. 523) Amends the Homeland Security Act of 2002 to extend certain DHS transactional authorities for research and development projects through FY2016.

(Sec. 524) Requires DHS to link all contracts that provide award fees to successful acquisition outcomes specified in terms of cost, schedule, and performance.

(Sec. 525) Prohibits funds from being used to waive navigation and vessel inspection laws for the transportation of crude oil distributed from the Strategic Petroleum Reserve until DHS takes adequate measures to ensure the use of U.S. flag vessels.

(Sec. 526) Prohibits the CBP from using funds provided by this division to prevent individuals from importing personal use quantities of certain prescription drugs from Canada.

(Sec. 527) Prohibits funds provided by this division from being used to reduce the U.S. Coast Guard's Operating Systems Center mission or its government or contract staff levels.

(Sec. 528) Require DHS to notify Congress of proposed transfers from the Department of the Treasury Forfeiture Fund to any DHS agency, and prohibits obligation of the funds until Congress approves the transfer.

(Sec. 529) Prohibits funds provided by this division from being used for a national identification card.

(Sec. 530) Prohibits funds provided by this division from being used to conduct or implement the results of a competition with respect to the Coast Guard National Vessel Documentation Center, pursuant to Office of Management and Budget Circular A-76.

(Sec. 531) Prohibits officials from delegating this division's requirements to report or certify to Congress unless specifically authorized by this division.

(Sec. 532) Prohibits funds from being used to transfer or release to or within the United States, its territories, or its possessions individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba.

(Sec. 533) Prohibits funds provided by this division from being used for first-class travel.

(Sec. 534) Prohibits the use of funds provided by this division to employ workers who are illegal workers under the Immigration and Nationality Act.

(Sec. 535) Permits funds provided by this division to be used to alter operations within the Coast Guard's Civil Engineering Program. Prohibits the use of the funds to reduce operations within any Civil Engineering Unit unless authorized by statute.

(Sec. 536) Prohibits funds provided by this division from being used to pay award or incentive fees for contractor performance that is below satisfactory or fails to meet the basic requirements of a contract.

(Sec. 537) Requires DHS to ensure that new processes for screening aviation passengers and crews consider privacy and civil liberties consistent with applicable laws, regulations, and guidance.

(Sec. 538) Permits the USCIS to allocate specified funds from the Immigration Examinations Fee Account in FY2016 for an immigration integration grants program to provide services to individuals that have been lawfully admitted to the United States for permanent residence.

(Sec. 539) Provides appropriations to the Office of the Under Secretary for Management to remain available until expended for consolidation of the new DHS headquarters and related mission support activities. Requires DHS to submit to Congress an expenditure plan for the funds.

(Sec. 540) Prohibits DHS from entering into contracts that do not meet requirements of specified contracting laws and regulations.

(Sec. 541) Provides appropriations to remain available through FY2017 for financial systems modernization. Permits the funds to be transferred between appropriations accounts for the same purpose if Congress is notified in advance.

(Sec. 542) Provides additional funds for cybersecurity and to safeguard and enhance DHS systems and capabilities.

(Sec. 543) Provides additional funds for emergent threats from violent extremism and from complex, coordinated terrorist attacks.

(Sec. 544) Permits DHS to transfer specified funds to respond to an immigration emergency if Congress is notified in advance.

(Sec. 545) Requires DHS to enforce all immigration laws.

(Sec. 546) Prohibits the use of funds provided by this division for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.

(Sec. 547) Prohibits a federal law enforcement officer from using funds provided by this division to transfer a firearm to an agent of a drug cartel unless U.S. law enforcement personnel continuously monitor or control the firearm.

(Sec. 548) Prohibits funds from being used for the National Preparedness Grant Program or successor programs unless explicitly authorized by Congress.

(Sec. 549) Prohibits funds provided by this division from being used to fund the position of Public Advocate within ICE.

(Sec. 550) Amends the Consolidated Appropriations Act, 2014 to increase from 5 to 10 the number of reimbursable agreements the CBP is permitted to enter into per year with airports for services at ports of entry relating to customs, agricultural processing, border security, and immigration inspection-related matters.

(Sec. 551) Sets forth restrictions and reporting requirements for the use of funds provided by this division to attend international conferences.

(Sec. 552) Prohibits funds provided by this division from being used to reimburse any federal department or agency for participation in a National Special Security Event.

(Sec. 553) Prohibits funds provided by this division from being used for new CBP air preclearance agreements entering into force after February 1, 2015, unless:

  • DHS certifies to Congress that air preclearance operations at the airport provide a homeland or national security benefit,
  • U.S. passenger air carriers are not precluded from operating at existing preclearance locations, and
  • a U.S. passenger air carrier is operating at all airports contemplated for establishment of new air preclearance operations.

(Sec. 554) Prohibit TSA from using funds to require airport operators to provide airport-financed staffing to monitor exit points from the sterile area of any airport at which TSA provided monitoring as of December 1, 2013.

(Sec. 555) Provides for the temporary reemployment of administrative law judges for arbitration of disputes related to the delivery of assistance under the FEMA Public Assistance Program.

(Sec. 556) Provides that fees collected from passengers from Canada, Mexico, or an adjacent island, pursuant to the United States-Colombia Trade Promotion Agreement Implementation Act and the Consolidated Omnibus Budget Reconciliation Act of 1985, shall be available until expended.

(Sec. 557) Prohibits funds from being used for structural pay reform that affects more than 100 full-time equivalent employee positions or costs more than $5 million in a single year without notifying Congress in advance.

(Sec. 558) Requires agencies receiving funds in this division to post reports required to be submitted to Congress on the public website of the agency if it serves the national interest. Provides exceptions for national security or proprietary information.

(Sec. 559) Prohibits DHS from collecting new border crossing fees or conducting a study related to the imposition of a border crossing fee.

(Sec. 560) Permits certain grants awarded to states along the Southwest Border under the Homeland Security Act of 2002 to be used to provide humanitarian relief to unaccompanied alien children and alien adults accompanied by an alien minor where they are encountered after entering the United States.

(Sec. 561) Requires DHS major acquisition programs to meet established acquisition documentation requirements. Prohibits funds from being used for a major acquisition program that is out of compliance with documentation requirements for more than two years, except that funds may be used for compliance or to terminate the program.

(Sec. 562) Prohibits the use of funds to prepare proposals for the President's budget that assume savings from certain user fee proposals without identifying additional spending reductions that should occur if the proposals are not enacted.

(Sec. 563) Requires the President's FY2017 DHS budget to include either the same account structure as in FY2016 or an account structure that includes the categories of: Operations and Support; Procurements, Construction, and Improvements; Research and Development; and Federal Assistance.

(Sec. 564) Prohibits funds provided by this division from being used to implement the Arms Trade Treaty, until it is ratified by the Senate.

(Sec. 565) Amends the Immigration and Nationality Act to increase the number of H-2B visas permitted per year. (The H-2B program permits the temporary admission of foreign workers to the United States to perform temporary nonagricultural labor or services if unemployed U.S. workers are not available.)

(Sec. 566) Allows the CBP access to certain reimbursements for preclearance and inspection activities, contingent on enactment of the Trade Facilitation and Trade Enforcement Act of 2015.

(Sec. 567) Rescinds specified amounts from several DHS accounts and programs.

(Sec. 568) Rescinds specified unobligated balances that were transferred to DHS when it was created in 2003.

(Sec. 569) Rescinds specified unobligated balances provided to DHS by the Department of Homeland Security Appropriations Act, 2015.

(Sec. 570) Rescinds specified unobligated balances from the Department of the Treasury Forfeiture Fund.

(Sec. 571) Rescinds specified unobligated balances from the Federal Emergency Management Agency--Disaster Relief Fund.

(Sec. 572) Extends the authorization of the USCIS's E-Verify Program through FY2016.

(Sec. 573) Extends the special immigrant status granted to religious workers other than ministers through FY2016.

(Sec. 574) Extends through FY2016 the authority to waive the two-year home country physical presence requirement for foreign doctors with expiring J-1 visas who apply to remain in the United States and commit to working in medically underserved areas.

(Sec. 575) Extends through FY2016 the Regional Center Pilot Program within the EB-5 immigration investor program authorization. (The Regional Center Program is intended to focus foreign investment toward specific geographic regions.)

Department of the Interior, Environment, and Related Agencies Appropriations Act, 2016

DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016

The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2016 provides appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and related agencies for FY2016.

The division provides annual appropriations for most of the Department of the Interior, including:

  • the Bureau of Land Management,
  • the Fish and Wildlife Service,
  • the National Park Service,
  • the U.S. Geological Survey,
  • the Bureau of Ocean Energy Management,
  • the Bureau of Safety and Environmental Enforcement,
  • the Office of Surface Mining Reclamation and Enforcement,
  • the Bureau of Indian Affairs, and
  • the Bureau of Indian Education.

It does not include the Bureau of Reclamation, which is considered in the Energy and Water Development appropriations bill.

Related agencies funded in the division include the Department of Agriculture's Forest Service, the Department of Health and Human Service's Indian Health Service, the Smithsonian Institution, the National Endowment for the Arts, and the National Endowment for the Humanities.

This division increases overall Department of the Interior, Environment, and Related Agencies funding above FY2015 levels.

TITLE I--DEPARTMENT OF THE INTERIOR

Provides appropriations to the Bureau of Land Management (BLM) for:

  • Management of Lands and Resources;
  • Land Acquisition;
  • Oregon and California Grant Lands;
  • Range Improvements;
  • Service Charges, Deposits, and Forfeitures; and
  • Miscellaneous Trust Funds.

Prohibits appropriations provided by this division from being used for: (1) the destruction of healthy, unadopted, wild horses and burros in the care of the BLM or its contractors, or (2) the sale of wild horses and burros that results in their destruction for processing into commercial products.

Provides appropriations to the U.S. Fish and Wildlife Service (USFWS) for:

  • Resource Management,
  • Construction,
  • Land Acquisition,
  • the Cooperative Endangered Species Conservation Fund,
  • the National Wildlife Refuge Fund,
  • the North American Wetlands Conservation Fund,
  • Neotropical Migratory Bird Conservation,
  • the Multinational Species Conservation Fund, and
  • State and Tribal Wildlife Grants.

Provides appropriations to the National Park Service (NPS) for:

  • Operation of the National Park System,
  • National Recreation and Preservation,
  • the Historic Preservation Fund,
  • Construction,
  • Land Acquisition and State Assistance, and
  • the Centennial Challenge.

Rescinds FY2016 contract authority provided by the Land and Water Conservation Fund Act of 1965.

Permits the NPS to retain specified funds authorized to be disbursed under the Gulf of Mexico Energy Security Act of 2006 for the costs of administration of the Land and Water Conservation Fund grants authorized by the Act.

Permits NPS funds to be transferred to the Federal Highway Administration for the Federal Lands Access Program, which was established to improve transportation facilities that provide access to, are adjacent to, or are located within federal lands.

Requires NPS donations to be invested in interest bearing obligations of the United States.

Provides appropriations to the U.S. Geological Survey for Surveys, Investigations, and Research.

Provides appropriations to the Bureau of Ocean Energy Management for Ocean Energy Management.

Provides appropriations to the Bureau of Safety and Environmental Enforcement for: (1) Offshore Safety and Environmental Enforcement, and (2) Oil Spill Research.

Provides appropriations to the Office of Surface Mining Reclamation and Enforcement for: (1) Regulation and Technology, and (2) the Abandoned Mine Reclamation Fund.

Provides appropriations to the Bureau of Indian Affairs (BIA) and Bureau of Indian Education (BIE) for:

  • Operation of Indian Programs,
  • Contract Support Costs,
  • Construction,
  • Indian Land and Water Claim Settlements and Miscellaneous Payments to Indians, and
  • the Indian Guaranteed Loan Program Account.

Permits the BIA to contract for services for the Power Division of the San Carlos Irrigation Project.

Limits the use of funds for contracts, grants, compacts, or cooperative agreements with the BIA under the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994.

Permits tribes to return appropriated funds without diminishing the federal government's trust responsibilities, the government-to-government relationship with the tribe, or the tribe's ability to access future appropriations.

Prohibits the use of BIE funds, other than funds provided for assistance to public schools, for the operation of elementary or secondary schools in Alaska.

Limits the number of schools and the expansion of grade levels in individual schools in the BIE school system.

Specifies the distribution of indirect and administrative costs to certain tribes.

Provides appropriations for Departmental Offices, including:

  • the Office of the Secretary,
  • Insular Affairs,
  • the Office of the Solicitor,
  • the Office of Inspector General, and
  • the Office of the Special Trustee for American Indians.

Provides appropriations for Department-Wide Programs, including:

  • Wildland Fire Management, including emergency funding for wildfire suppression operations;
  • the FLAME Wildfire Suppression Reserve Fund;
  • the Central Hazardous Materials Fund;
  • the Natural Resource Damage Assessment Fund; and
  • the Working Capital Fund.

(Sec. 101) Permits the transfer of funds within bureaus and offices for specified emergencies if: (1) the Secretary of the Interior approves the transfer, (2) funds provided to Interior for emergencies have been exhausted, and (3) funds used under this section are replenished by a supplemental appropriation requested as promptly as possible.

(Sec. 102) Provides for the department-wide expenditure or transfer of funds by the Secretary in the event of specified emergencies.

(Sec. 103) Permits Interior to use appropriations provided in this title for:

  • employing temporary or intermittent experts and consultants;
  • purchasing and replacing motor vehicles;
  • hiring, maintenance, and operation of aircraft;
  • hiring of passenger motor vehicles;
  • purchasing reprints;
  • telephone services in private residences in the field; and
  • certain library memberships.

(Sec. 104) Permits the transfer of funds between the BIA, the BIE, and the Office of the Special Trustee for American Indians for Indian trust management and reform activities, provided that total funding for historical accounting activities does not exceed funding provided by this division for that purpose.

(Sec. 105) Permits Interior to redistribute tribal priority allocation and tribal base funds to alleviate funding inequities to address identified unmet needs, dual enrollment, overlapping service areas, or inaccurate distribution methodologies.

(Sec. 106) Authorizes the acquisition of lands and waters for the purpose of operating and maintaining facilities that support visitors to Ellis, Governors, and Liberty Islands in New Jersey and New York.

(Sec. 107) Requires Interior to collect specified Outer Continental Shelf inspection fees.

(Sec. 108) Permits Interior to transfer funds to implement the reorganization of the Bureau of Ocean Energy Management, Regulation and Enforcement, subject to reprogramming guidelines.

(Sec. 109) Permits Interior to enter into multiyear cooperative agreements and contracts with nonprofits and other entities for the long-term care and maintenance of excess wild horses and burros on private land.

(Sec. 110) Directs the USFWS, in carrying out responsibilities to protect threatened and endangered species of salmon, to implement a system of mass marking of salmonid stocks intended for harvest that are released from federally operated or financed hatcheries.

(Sec. 111) Amends the Consolidated Appropriations Act, 2012 to extend the requirement that a person exhaust administrative hearings and appeal procedures prior to bringing a civil action challenging BLM decisions concerning grazing on public lands.

(Sec. 112) Prohibits funds from being used to implement, administer, or enforce Secretarial Order No. 3310, which requires the BLM to inventory and protect public lands with wilderness characteristics.

(Sec. 113) Amends the Consolidated Appropriations Act, 2012 to extend the authority of Interior to enter into rental or lease agreements that benefit BIE operated schools.

(Sec. 114) Increases the authorization of appropriations for the National Park Service's Volunteers in Parks program.

(Sec. 115) Permits the BIA and the BIE in carrying out work involving cooperation with state, local, and tribal governments, to record obligations against accounts receivable from the entities, provided that total obligations at the end of the fiscal year do not exceed total budgetary resources.

(Sec. 116) Increases or extends the authorizations of appropriations for certain National Heritage Areas.

(Sec. 117) Prohibits funds from being used to write or issue rules for the sage grouse pursuant to the Endangered Species Act of 1973.

(Sec. 118) Extends the onshore pay authority, which permits Interior to use BLM and BIA funds to establish higher minimum pay rates for certain petroleum engineers and petroleum engineering technicians employed by Interior to carry out the inspection and regulation of onshore oil and gas operations on public lands.

(Sec. 119) Extends the authorization for certain payments to the Republic of Palau through FY2016.

(Sec. 120) Amends the Pittman-Robertson Wildlife Restoration Act to permit certain funds to continue to be used for water fowl conservation.

(Sec. 121) Prohibits any proposed new use of the Arizona & California Railroad Company's right of way for conveyance of water unless Interior certifies that the use is within the scope of the right of way.

Prohibits funds from being used for any proposal to approve specified rights-of-way or similar authorizations on the Mojave National Preserve or lands managed by the BLM Needles Field Office.

TITLE II--ENVIRONMENTAL PROTECTION AGENCY

Provides appropriations to the Environmental Protection Agency (EPA) for:

  • Science and Technology,
  • Environmental Programs and Management,
  • the Hazardous Waste Electronic Manifest System Fund,
  • the Office of Inspector General,
  • Buildings and Facilities,
  • Hazardous Substance Superfund,
  • the Leaking Underground Storage Tank Trust Fund Program,
  • Inland Oil Spill Programs, and
  • State and Tribal Assistance Grants.

Permits the EPA to award cooperative agreements to Indian tribes or intertribal consortia to carry out the Agency's function to implement federal environmental programs required or authorized by law in the absence of an acceptable tribal program.

Authorizes the EPA to collect and spend pesticide registration service fees.

Permits the EPA to: (1) transfer funds from the Environmental Programs and Management account to other federal agencies to support the Great Lakes Restoration Initiative, and (2) enter into interagency agreements and provide grants to certain entities to support the effort.

Permits specified funds to be used for the construction, alteration, repair, rehabilitation, and renovation of facilities.

Permits the EPA to use funds to make grants to federally recognized Indian tribes notwithstanding certain provisions of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).

Permits the EPA to use Environmental Programs and Management funds to provide grants to implement the Southeastern New England Watershed Restoration Program.

Provides additional funds to EPA to meet federal requirements for cybersecurity implementation, including enhancing response capabilities and upgrading incident management tools.

Rescinds specified unobligated balances from the State and Tribal Assistance Grants account.

TITLE III--RELATED AGENCIES

Provides appropriations to the Department of Agriculture for the Forest Service, including for:

  • Forest and Rangeland Research;
  • State and Private Forestry;
  • the National Forest System;
  • Capital Improvement and Maintenance;
  • Land Acquisition;
  • the Range Betterment Fund;
  • Gifts, Donations, and Bequests for Forest and Rangeland Research;
  • Management of National Forest Lands for Subsistence Uses;
  • Wildland Fire Management, including emergency funding for wildfire suppression operations; and
  • the FLAME Wildfire Suppression Reserve Fund.

Permits Forest Service appropriations to be used for:

  • the purchase and use of motor vehicles and aircraft;
  • employment of temporary or intermittent personnel;
  • purchase, erection, and alteration of buildings and other public improvements;
  • acquisition of land and waters;
  • expenses pursuant to the Volunteers in the National Forest Act of 1972;
  • uniforms; and
  • debt collection contracts.

Permits Forest Service appropriations to be transferred to the Wildland Fire Management account for forest fire fighting, emergency rehabilitation of burned-over or damaged lands or waters, and fire preparedness due to severe burning conditions, provided that USDA notifies Congress that all fire suppression funds will be obligated within 30 days. Requires funds used to be replenished by a supplemental appropriation requested as promptly as possible.

Permits Forest Service appropriations to be used for forest and rangeland research, technical information, and related forestry and natural resources activities in foreign countries.

Permits Forest Service appropriations to be transferred to the BLM for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for surveys to designate the boundaries of the lands.

Prohibits Forest Service appropriations from being transferred using authority provided in several specified statutory provisions.

Prohibits Forest Service appropriations from being reprogrammed except with prior approval of Congress and in accordance with procedures contained in the report accompanying this division.

Limits transfers to the USDA Working Capital Fund and to USDA for Department Reimbursable Programs (commonly referred to as Greenbook charges).

Limits the use of funds to support the Youth Conservation Corps and the Public Lands Corps.

Permits the Chief of the Forest Service to use specified funds for official reception and representation expenses.

Provides matching funds to aid conservation projects of the National Forest Foundation and the National Fish and Wildlife Foundation.

Permits funds to be used to provide technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes.

Permits Forest Service appropriations to be used for payments to counties within the Columbia River Gorge National Scenic Area.

Permits Forest Service appropriations to be used to meet the non-federal share requirement included in a provision of the Older Americans Act of 1965 related to the older American community service employment program.

Permits specified funds to be assessed for the purpose of performing fire, administrative, and other facilities maintenance and decommissioning.

Permits specified funds to be used to reimburse the USDA Office of the General Counsel for travel and related expenses incurred as a result of assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations, and similar non-litigation related matters.

Permits an individual employed under any project funded under title V of the Older Americans Act of 1965 to be considered a federal employee.

Provides appropriations to the Department of Health and Human Services (HHS) for the Indian Health Service (IHS) including:

  • Indian Health Services,
  • Contract Support Costs, and
  • Indian Health Facilities.

Provides appropriations to HHS for:

  • the National Institutes of Health for the National Institute of Environmental Health Sciences; and
  • the Agency for Toxic Substances and Disease Registry.

Provides appropriations to Other Related Agencies, including:

  • the Executive Office of the President for the Council on Environmental Quality and Office of Environmental Quality;
  • the Chemical Safety and Hazard Investigation Board;
  • the Office of Navajo and Hopi Indian Relocation;
  • the Institute of American Indian and Alaska Native Culture and Arts Development;
  • the Smithsonian Institution;
  • the National Gallery of Art;
  • the John F. Kennedy Center for the Performing Arts;
  • the Woodrow Wilson International Center for Scholars;
  • the National Foundation on the Arts and the Humanities, including the National Endowment for the Arts (NEA) and the National Endowment for the Humanities;
  • the Commission of Fine Arts;
  • the Advisory Council on Historic Preservation;
  • the National Capital Planning Commission;
  • the Holocaust Memorial Museum; and
  • the Dwight D. Eisenhower Memorial Commission.

TITLE IV--GENERAL PROVISIONS

Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts.

(Sec. 401) Prohibits funds provided by this division from being used to promote public support or opposition to: (1) any legislative proposal before Congress, or (2) any proposed or pending regulation, administrative action, or order issued by an executive branch agency.

(Sec. 402) Prohibits any appropriation contained in this division from remaining available for obligation beyond the current fiscal year unless expressly permitted in this division.

(Sec. 403) Requires specified administrative expenses to be presented in annual budget justifications and approved by Congress.

(Sec. 404) Prohibits funds from being used to accept or process applications for a patent for any mining or mill site claim located under the general mining laws, subject to exceptions.

(Sec. 405) Extends limits on the use of FY1994-FY2013 and FY2014 funds for contract support costs on Indian contracts.

(Sec. 406) Limits the use of FY2016 funds for contract support costs on Indian contracts.

(Sec. 407) Permits Forest Service land management plans that are more than 15 years old if USDA is acting in good faith to update the plans.

(Sec. 408) Prohibits funds provided by this division from being used to conduct preleasing, leasing, and related activities under either the Mineral Leasing Act or the Outer Continental Shelf Lands Act within the boundaries of a National Monument.

(Sec. 409) Restricts land acquisition funds provided by this division from being used for declarations of taking or complaints in condemnation without the approval of Congress. Includes an exception for funds provided to implement the Everglades National Park Protection and Expansion Act of 1989, or for Florida to acquire lands for Everglades restoration.

(Sec. 410) Sets forth requirements regarding the sale of timber from a specified region in Alaska.

(Sec. 411) Prohibits no-bid contracts and grants except under certain circumstances where a contract is authorized by federal law or was awarded prior to the date of enactment of this division.

(Sec. 412) Requires agencies receiving funds in this division to post on their public websites any report required to be submitted by Congress if it serves the national interest. Includes exceptions for national security or proprietary information.

(Sec. 413) Establishes grant guidelines for the NEA.

(Sec. 414) Establishes priorities for programs administered by the NEA.

(Sec. 415) Directs Interior, the EPA, the Forest Service, and the IHS to provide Congress with quarterly reports on the status of balances of appropriations.

(Sec. 416) Directs the President to submit a comprehensive report to Congress detailing all federal agency funding for climate change programs, projects, and activities in FY2015 and FY2016.

(Sec. 417) Prohibits funds from being used to promulgate or implement any regulation requiring the issuance of permits under the Clean Air Act for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production.

(Sec. 418) Prohibits the use of any funds to implement any provision in a rule that requires mandatory reporting of greenhouse gas emissions from manure management systems.

(Sec. 419) Amends the Department of Defense Appropriations Act, 2000 to extend the Dwight D. Eisenhower Memorial Commission. Prohibits the Commission from issuing a solicitation or contract for construction of the memorial for FY2016.

(Sec. 420) Prohibits funds from being used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances Control Act or any other law.

(Sec. 421) Extends contracting authority that permits USDA and Interior to consider local contractors when awarding contracts for certain activities on public lands.

(Sec. 422) Amends the Chesapeake Bay Initiative Act of 1998 to extend the authorization of appropriations through FY2017.

(Sec. 423) Extends the authority of the Forest Service to renew certain grazing permits.

(Sec. 424) Prohibits any funds made available by a drinking water treatment revolving loan fund as authorized by the Safe Drinking Water Act from being used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States, subject to specified exceptions and waiver procedures.

(Sec. 425) Requires the EPA to work with affected states with publicly owned treatment works that discharge to the Great Lakes to create public notice requirements for a combined sewer overflow discharge to the Great Lakes.

(Sec. 426) Extends and modifies the Great Lakes Restoration Initiative to carry out programs and projects for Great Lakes protection and restoration.

(Sec. 427) Amends the John F. Kennedy Center Act to authorize FY2016 appropriations for the John F. Kennedy Center for the Performing Arts.

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2016

DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016

The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2016 provides annual appropriations for:

  • the Department of Labor;
  • most of the Department of Health and Human Services (HHS);
  • the Department of Education (ED); and
  • several related agencies, including the Social Security Administration, the Corporation for National and Community Service, the Corporation for Public Broadcasting, and the National Labor Relations Board.

This division does not include funding for the Food and Drug Administration, the Indian Health Service, and the Agency for Toxic Substances and Disease Registry, which are included within HHS, but considered in other divisions of this division.

This division includes both discretionary and mandatory funding. The majority of the funding in the division is mandatory funding for entitlement programs such as Medicaid and Supplemental Security Income that are funded in annual appropriations bills. These programs, known as appropriated entitlements, are included in annual appropriations bills, though the amounts provided for the programs are generally determined by authorizing statutes that control details of the programs such as eligibility rules and benefit levels.

The division increases discretionary funding compared to FY2015 levels.

Department of Labor Appropriations Act, 2016

TITLE I--DEPARTMENT OF LABOR

Provides FY2016 appropriations for agencies and programs within the Department of Labor.

Provides appropriations to the Employment and Training Administration for:

  • Training and Employment Services,
  • Job Corps,
  • Community Service Employment for Older Americans,
  • Federal Unemployment Benefits and Allowances,
  • State Unemployment Insurance and Employment Service Operations,
  • Advances to the Unemployment Trust Fund and Other Funds, and
  • Program Administration.

Provides appropriations to the Pension Benefit Guaranty Corporation.

Provides appropriation to Labor for:

  • the Employee Benefits Security Administration,
  • the Wage and Hour Division,
  • the Office of Labor-Management Standards,
  • the Office of Federal Contract Compliance Programs,
  • the Office of Workers' Compensation Programs,
  • the Occupational Safety and Health Administration (OSHA),
  • the Mine Safety and Health Administration,
  • the Bureau of Labor Statistics, and
  • the Office of Disability Employment Policy.

Provides appropriations for Departmental Management, including Salaries and Expenses, Veterans Employment and Training, IT Modernization, and the Office of Inspector General.

(Sec. 101) Prohibits Job Corps funds provided by this division from being used to pay individual salary and bonuses at a rate in excess of Executive Level II.

(Sec. 102) Permits specified Labor funds to be transferred between accounts and sets forth requirements for the transfers.

(Sec. 103) Prohibits funds provided by this division from being used for the procurement of goods and services utilizing forced or indentured child labor.

(Sec. 104) Requires funds available under section 414(c) of the American Competitiveness and Workforce Innovation and Opportunity Act to be used only for competitive grants to train individuals over the age of 16 and not enrolled in school, in occupations and industries for which employers are using H-1B visas to hire foreign workers. Includes an exception for specified funds that are permitted to be used to process permanent foreign labor certifications under the Immigration and Nationality Act.

(Sec. 105) Prohibits a recipient of Employment and Training Administration (ETA) funds from using the funds to pay the salary and bonuses of an individual at a rate in excess of Executive Level II, with an exception for vendors providing goods and services. Permits states to establish lower limits for salaries and bonuses.

(Sec. 106) Permits the ETA to transfer funds provided for technical assistance services to grantees to Program Administration if the services will be more efficiently performed by federal employees.

(Sec. 107) Limits the funds that may be reserved for evaluation of programs and activities and requires the Chief Evaluation Officer to submit a plan to Congress in advance of transferring funds to be used for evaluations.

(Sec. 108) Exempts certain employees who are not employed by an insurance company and are adjusting or evaluating claims resulting from a major disaster from maximum hours provisions of the Fair Labor Standards Act of 1938 for two years after a state or federal declaration of a disaster or catastrophe.

(Sec. 109) Permits Labor to select an entity to operate a Civilian Conservation Center on a competitive basis if the Center has had consistently low performance.

(Sec. 110) Prohibits funds provided by this division from being used for Labor's Establishing a Minimum Wage for Contractors regulation, with respect to federal contracts or permits related to seasonal recreational services or equipment rental for the general public in connection with federal property or land. Includes an exception for lodging and food services associated with seasonal recreation services.

(Sec. 111) Provides employers in the seafood industry with flexibility with respect to bringing H-2B nonimmigrant workers into the United States. (The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.)

(Sec. 112) Sets forth requirements for determining the prevailing wage for the H-2B program.

(Sec. 113) Prohibits the use of funds provided by this division to enforce the definition of corresponding employment or the three-fourths guarantee rule definition found in specified regulations for the H-2B program. Specifies the definition of temporary need that applies for the purpose of regulating admission of temporary workers under the H-2B program.

Department of Health and Human Services Appropriations Act, 2016

TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

Provides FY2016 appropriations for agencies and programs within the Department of Health and Human Services (HHS).

Provides appropriations to the Health Resources and Services Administration for:

  • Primary Health Care,
  • the Health Work Force,
  • Maternal and Child Health,
  • the Ryan White HIV/AIDS Program,
  • Health Care Systems,
  • Rural Health,
  • Family Planning,
  • Program Management, and
  • the Vaccine Injury Compensation Program Trust Fund.

Provides appropriations to the Centers for Diseases Control and Prevention (CDC) for:

  • Immunization and Respiratory Diseases;
  • HIV/AIDS, Viral Hepatitis, Sexually Transmitted Diseases, and Tuberculosis Prevention;
  • Emerging and Zoonotic Infectious Diseases;
  • Chronic Disease Prevention and Health Promotion;
  • Birth Defects, Developmental Disabilities, Disabilities and Health;
  • Public Health Scientific Services;
  • Environmental Health;
  • Injury Prevention and Control;
  • the National Institute for Occupational Safety and Health;
  • the Energy Employees Occupational Illness Compensation Program;
  • Global Health;
  • Public Health Preparedness and Response;
  • Buildings and Facilities; and
  • CDC-Wide Activities and Program Support.

Provides appropriations to the National Institutes of Health (NIH) for:

  • the National Cancer Institute;
  • the National Heart, Lung, and Blood Institute;
  • the National Institute of Dental and Craniofacial Research;
  • the National Institute of Diabetes and Digestive and Kidney Diseases;
  • the National Institute of Neurological Disorders and Stroke;
  • the National Institute of Allergy and Infectious Diseases;
  • the National Institute of General Medical Sciences;
  • the Eunice Kennedy Shriver National Institute of Child Health and Human Development;
  • the National Eye Institute;
  • the National Institute of Environmental Health Sciences;
  • the National Institute on Aging;
  • the National Institute of Arthritis and Musculoskeletal and Skin Diseases;
  • the National Institute on Deafness and Other Communication Disorders;
  • the National Institute of Nursing Research;
  • the National Institute on Alcohol Abuse and Alcoholism;
  • the National Institute on Drug Abuse;
  • the National Institute of Mental Health;
  • the National Human Genome Research Institute;
  • the National Institute of Biomedical Imaging and Bioengineering;
  • the National Center for Complementary and Integrative Health;
  • the National Institute on Minority Health and Health Disparities;
  • the John E. Fogarty International Center;
  • the National Center for Advancing Translational Services;
  • the National Library of Medicine;
  • the Office of the Director; and
  • Buildings and Facilities.

Provides appropriations to the Substance Abuse and Mental Health Services Administration for:

  • Mental Health,
  • Substance Abuse Treatment,
  • Substance Abuse Prevention, and
  • Health Surveillance and Program Support.

Provides appropriations to the Agency for Healthcare Research and Quality.

Provides appropriations to the Centers for Medicare and Medicaid Services for:

  • Grants to States for Medicaid,
  • Payments to Health Care Trust Funds,
  • Program Management, and
  • the Health Care Fraud and Abuse Control Account.

Provides appropriations to the Administration for Children and Families for:

  • Payments to States for Child Support Enforcement and Family Support Programs,
  • Low Income Home Energy Assistance,
  • Refugee and Entrant Assistance,
  • Payments to States for the Child Care and Development Block Grant,
  • the Social Services Block Grant,
  • Children and Families Services Programs,
  • Promoting Safe and Stable Families, and
  • Payments for Foster Care and Permanency.

Provides appropriations to the Administration for Community Living for Aging and Disability Services Programs.

Provides appropriations to the Office of the Secretary for:

  • General Departmental Management,
  • the Office of Medicare Hearings and Appeals,
  • the Office of the National Coordinator for Health Information Technology,
  • the Office of Inspector General,
  • the Office for Civil Rights,
  • Retirement Pay and Medical Benefits for Commissioned Officers, and
  • the Public Health and Social Services Emergency Fund.

(Sec. 201) Limits the funds provided by this title that may be used for official reception and representation expenses.

(Sec. 202) Prohibits funds provided by this title from being used to pay the salary of an individual, through a grant or other extramural mechanism, in excess of Executive Level II.

(Sec. 203) Restricts HHS's use of funds for program evaluation activities unless a report is submitted to Congress regarding the proposed use of the funds or the funds are specifically provided in this division.

(Sec. 204) Permits the transfer of specified Public Health Service Act (PHS Act) funds for the evaluation of programs funded in this title.

(Sec. 205) Sets forth restrictions and requirements for the transfer of HHS funds between appropriations accounts.

(Sec. 206) Revises the time frame in which HHS may terminate a Public Health Service loan repayment contract with an individual from 45 days before the end of the fiscal year in which the contract was entered to 60 days after the execution of a contract awarded in 2016.

(Sec. 207) Prohibits funds provided by this division from being made available under title X (Population Research and Voluntary Family Planning Programs) of the PHS Act unless the applicant certifies that it: (1) encourages family participation in the decision of minors to seek family planning services, and (2) provides counseling to minors on resisting attempts to coerce minors into engaging in sexual activities.

(Sec. 208) Prohibits any provider of services under title X of the PHS Act from being exempt from any state law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.

(Sec. 209) Prohibits funds provided by this division from being used for the Medicare Advantage program if HHS denies participation to an otherwise eligible entity because it will not provide, pay for, provide coverage of, or provide referrals for abortions.

(Sec. 210) Prohibits funds provided by this title from being used to advocate or promote gun control.

(Sec. 211) Limits the number of Public Health Service employees that may be assigned to assist in child survival activities and to work in AIDS programs through and with funds provided by the U.S. Agency for International Development, the United Nations International Children's Emergency Fund, or the World Health Organization.

(Sec. 212) Permits HHS to exercise specified spending authority to carry out international health activities during FY2016.

(Sec. 213) Permits NIH, jointly with the Office of AIDS Research, to transfer specified HIV research funds among NIH institutes and centers if Congress is notified in advance.

(Sec. 214) Requires: (1) the use of AIDS research funds be determined jointly by the NIH and the Office of AIDS Research, and (2) the funds to be allocated directly to the Office of AIDS Research for distribution that is consistent with the AIDS research plan.

(Sec. 215) Permits the NIH to use specified funds to enter into certain transactions to carry out research in support of the NIH Common Fund. (The NIH Common Fund supports support cross-cutting, trans-NIH programs that require participation by at least two NIH Institutes or Centers or would otherwise benefit from strategic planning and coordination.)

(Sec. 216) Limits the funds NIH may use for the alteration, repair, or improvement of facilities.

(Sec. 217) Transfers specified funds provided to NIH for National Research Service Awards (NRSA) to the Health Resources and Services Administration to make NRSA awards for research in primary medical care and health service.

(Sec. 218) Requires third party payments made to NIH for research organisms or substances to be retained and credited to the appropriations accounts of the NIH institutes and centers making the substance or organism available. Permits the funds to be available through FY2017.

(Sec. 219) Permits the Biomedical Advanced Research and Development Authority to enter into multiyear contracts of up to 10 years for the purchase of research services or of security countermeasures, subject to specified requirements.

(Sec. 220) Requires HHS to establish a publicly accessible website that provides details regarding expenditures from the Prevention and Public Health Fund established by the Patient Protection and Affordable Care Act (PPACA).

(Sec. 221) Transfers mandatory funds from the Prevention and Public Health Fund created by PPACA to accounts within HHS activities outlined under the heading ''Prevention and Public Health Fund'' in the explanatory statement accompanying this bill.

(Sec. 222) Requires the HHS budget justifications to include specified details regarding federal employees and contractors involved in activities related to PPACA.

(Sec. 223) Requires HHS to include in the FY2017 budget specified details regarding: (1) the uses of funds by the Centers for Medicare and Medicaid Services for health insurance exchanges for each year since the enactment of PPACA, and (2) the proposed uses of the funds for FY2017.

(Sec. 224) Requires HHS to report to Congress on: (1) monthly enrollment figures from exchanges established under PPACA, and (2) any new or competitive grant awards authorized under section 330 (Health Centers) of the PHS Act.

(Sec. 225) Prohibits specified funds provided by this division from being used for payments relating to the risk corridors program established by PPACA.

(Sec. 226) Permits HHS to transfer specified funds from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to the Centers for Medicare and Medicaid Services to support program management activity related to Medicare. Prohibits the funds from being used to support any provision of PPACA.

(Sec. 227) Rescinds specified unobligated balances from appropriations previously provided to the Health Resources and Services Administration.

(Sec. 228) Requires HHS to include in the FY2017 budget justification an analysis of how a provision of the PHS Act related to coverage of preventive health services will impact eligibility for discretionary HHS programs.

(Sec. 229) Requires HHS to use the recommendations last issued before 2009 to administer any law referring to the current recommendations of the United States Preventive Services Task Force for breast cancer screening, mammography, and prevention

(Sec. 230) Extends the Temporary Assistance for Needy Families (TANF) program. Provides appropriations for the Contingency Fund for State Welfare Programs and requires specified funds to be transferred to the Administration for Children and Families and the Bureau of the Census for research.

(Sec. 231) Amends title XVIII (Medicare) of the Social Security Act to modify provisions regarding payments to rural long-term care hospitals for certain severe wound discharges.

Department of Education Appropriations Act, 2016

TITLE III--DEPARTMENT OF EDUCATION

Provides appropriations for agencies and programs within the Department of Education (ED).

Provides appropriations to ED for:

  • Education for the Disadvantaged,
  • Impact Aid,
  • School Improvement Programs,
  • Indian Education,
  • Innovation and Improvement,
  • Safe Schools and Citizenship Education,
  • English Language Acquisition,
  • Special Education, and
  • Rehabilitation Services and Disability Research.

Provides appropriations for Special Institutions for Persons with Disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, and Gallaudet University.

Provides Appropriations to ED for:

  • Career, Technical, and Adult Education;
  • Student Financial Assistance;
  • Student Aid Administration;
  • Higher Education;
  • Howard University;
  • the College Housing and Academic Facilities Loans Program;
  • the Historically Black College and University Capital Financing Program Account; and
  • the Institute of Education Sciences.

Provides appropriations for Departmental Management, including Program Administration, the Office for Civil Rights, and the Office of Inspector General.

(Sec. 301) Prohibits funds provided by this division from being used to transport teachers or students in order to: (1) overcome racial imbalance in any school, or (2) carry out a racial desegregation plan.

(Sec. 302) Prohibits funds provided by this division from being used to require the transportation of students to a school other than the school nearest to the student's home, in order to comply with title VI of the Civil Rights Act of 1964. Includes an exception for students requiring special education.

(Sec. 303) Prohibits the use of funds provided by this division to prevent the implementation of programs of voluntary prayer and meditation in public schools.

(Sec. 304) Permits ED to transfer certain funds between accounts, subject to specified restrictions and requirements.

(Sec. 305) Permits the Outlying Areas (American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands) to consolidate funds received under this division under part A (Innovative Programs) of title V of the Elementary and Secondary Education Act of 1965.

(Sec. 306) Amends the Compact of Free Association Amendments Act of 2003 to permit the Republic of Palau to continue to receive certain federal funds.

(Sec. 307) Permits ED to reserve specified funds for studies and evaluations of Elementary and Secondary Education Act of 1965 programs funded by this division.

(Sec. 308) Permits certain institutions to continue to use endowment income for student scholarships, subject to specified limits and requirements. Applies this section until titles III and V of the Higher Education Act of 1965 (HEA) are reauthorized.

(Sec. 309) Extends the authorization of the National Advisory Committee on Institutional Quality and Integrity through 2016.

(Sec. 310) Extends through 2016 ED's authority to provide account maintenance fees to guaranty agencies for federal student loans.

(Sec. 311) Requires ED to provide reinsurance at 100% of the defaulted loan claim amount for guaranty agencies.

(Sec. 312) Requires funds provided in this division for Elementary and Secondary Education Act (ESEA) formula grant programs for the 2016-2017 academic year to be administered under the provisions of the ESEA in effect prior to the reauthorization of the ESEA by the Every Student Succeeds Act.

(Sec. 313) Amends the HEA to modify the requirements for ED career pathway programs.

TITLE IV--RELATED AGENCIES

Provides appropriations for the Committee for Purchase From People Who Are Blind or Severely Disabled.

Provides appropriations to the Corporation for National and Community Service (CNCS) for:

  • Operating Expenses,
  • Payment to the National Service Trust,
  • Salaries and Expenses, and
  • the Office of Inspector General.

(Sec. 401) Amends the Inspector General Act of 1978 to establish an Office of Inspector General for the Committee for Purchase from People Who are Blind or Severely Disabled.

(Sec. 402) Sets forth reporting requirements for the Committee For Purchase From People Who Are Blind or Severely Disabled.

(Sec. 403) Requires the CNCS to make any significant changes to program requirements or policy through rulemaking. Prohibits CNCS employees from disclosing specified information during a grant selection process to any person that is not a CNCS employee or authorized to receive the information.

(Sec. 404) Sets forth requirements for AmeriCorps programs receiving grants under the National Service Trust program.

(Sec. 405) Requires certain donations made to the CNCS to be used to supplement and not supplant current programs and operations.

(Sec. 406) Requires certain education awards at GI bill-eligible institutions to be limited to veterans.

(Sec. 407) Permits State Commissions on National and Community Service established under the National and Community Service Act of 1990 to receive criminal history record information.

Provides appropriations for other related agencies, including:

  • the Corporation for Public Broadcasting,
  • the Federal Mediation and Conciliation Service,
  • the Federal Mine Safety and Health Review Commission,
  • the Institute of Museum and Library Services,
  • the Medicaid and CHIP Payment and Access Commission,
  • the Medicare Payment Advisory Commission,
  • the National Council on Disability, and
  • the National Labor Relations Board.

(Sec. 408) Prohibits the National Labor Relations Board from using funds to provide employees with electronic voting to determine a collective bargaining representative.

Provides appropriations to the National Mediation Board and the Occupational Safety and Health Review Commission.

Provides appropriations to the Railroad Retirement Board for:

  • the Dual Benefits Payments Account,
  • Federal Payments to the Railroad Retirement Accounts,
  • Administration, and
  • the Office of Inspector General.

Provides appropriations to the Social Security Administration (SSA) for:

  • Payments to Social Security Trust Funds,
  • the Supplemental Security Income Program,
  • Administrative Expenses, and
  • the Office of Inspector General.

TITLE V--GENERAL PROVISIONS

Sets forth required, permissible, restricted, and prohibited uses of funds provided by this and other appropriations Acts.

(Sec. 501) Permits Labor, HHS, and ED to transfer certain unexpended balances to accounts to be used for the same purposes as the original appropriation.

(Sec. 502) Prohibits funds provided by this division from remaining available for obligation beyond the current fiscal year unless otherwise specified.

(Sec. 503) Prohibits the use of funds provided by this division for lobbying and related activities.

(Sec. 504) Limits the official reception and representation expenses of Labor and ED.

(Sec. 505) Requires grantees receiving federal funds provided by this division to clearly state specified details regarding the federal funding and non-governmental funding sources in documents related to federally funded projects.

(Sec. 506) Prohibits funds provided by this division or in any trust fund which received funds in this division from being used for: (1) abortions, or (2) health benefits coverage that includes coverage of abortion.

(Sec. 507) Provides an exception to the prohibition on funding for abortion if: (1) the pregnancy is the result of rape or incest; or (2) a woman suffers from a physical disorder, injury, or illness that would place the woman in danger of death unless an abortion is performed.

Bars the availability of funds to a federal agency or program, or to a state or local government, if it subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.

(Sec. 508) Prohibit funds provided by this division from being used for human embryo research and related activities.

(Sec. 509) Limits the use of funds provided by this division for promoting the legalization of controlled substances. Includes an exception when there is medical evidence of a therapeutic advantage to the use of the drug or federally sponsored clinical trials are being conducted to determine therapeutic advantage.

(Sec. 510) Prohibits funds provided by this division from being used for regulations to provide a unique health identifier for an individual (except in an individual's capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard.

(Sec. 511) Prohibits funds provided by this division from being used to enter into or renew a contract with a contractor that has not submitted to Labor a required report annual report concerning employment of certain veterans.

(Sec. 512) Prohibits the transfer of funds provided by this division to any federal department, agency, or instrumentality, except pursuant to an appropriations Act.

(Sec. 513) Prohibits funds provided by this division from being used for libraries unless they are in compliance with the Children's Internet Protection Act.

(Sec. 514) Sets forth requirements, procedures, and restrictions for the reprogramming of funds.

(Sec. 515) Prohibits the use of funds provided by this division to: (1) require candidates for scientific advisory committees to disclose their political activities, or (2) disseminate information that is deliberately false or misleading.

(Sec. 516) Requires departments and agencies funded in this division to submit operating plans.

(Sec. 517) Requires Labor, HHS, and ED to report to Congress on the number and amounts of contracts, grants, and cooperative agreements awarded on a non-competitive basis.

(Sec. 518) Prohibits the SSA from processing earnings for work performed under a fraudulent Social Security number if the performance of the work has formed the basis of a conviction for violating specified provisions of the Social Security Act.

(Sec. 519) Prohibits the SSA from using funds provided by this division to establish totalization arrangements between the U.S. Social Security system and the social security system of Mexico. (A totalization agreement coordinates the payment of Social Security taxes and benefits for workers who divide their careers between two countries.)

(Sec. 520) Restricts the use of funds provided by this division to purchase sterile needles or syringes for the hypodermic injection of any illegal drug.

(Sec. 521) Requires computer networks of agencies funded by this division to block pornography.

(Sec. 522) Prohibits funds from being provided to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, allied organizations, or successors.

(Sec. 523) Sets forth reporting requirements for spending on conferences.

(Sec. 524) Requires agencies funded by this division to clearly state within the text, audio, or video used for advertising or educational purposes, that the communication is printed, published, or produced and disseminated at U.S. taxpayer expense.

(Sec. 525) Permits funds provided by this division to be used to carry out up to 10 Performance Partnership Pilots that: (1) are designed to improve outcomes for disconnected youth; (2) include communities that have recently experienced civil unrest; and (3) involve federal programs targeted on disconnected youth, or designed to prevent youth from disconnecting from school or work, or that provide education, training, employment, and other related social services.

(Sec. 526) Requires Labor, HHS, ED, and SSA to submit specified reports to Congress on the status of balances of appropriations.

(Sec. 527) Amends the PHS Act to modify requirements that apply to compensation for work injuries of National Disaster Medical System employees.

(Sec. 528) Rescinds funds previously provided for the Independent Payment Advisory Board.

(Sec. 529) Prohibits specified amounts in the Child Enrollment Contingency Fund from being obligated during the current fiscal year.

(Sec. 530) Rescinds specified funds previously provided as a one-time appropriation for the Children's Health Insurance Program.

Legislative Branch Appropriations Act, 2016

DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2016

The Legislative Branch Appropriations Act, 2016 provides FY2016 appropriations for Congress and the agencies that serve Congress.

It includes funding for the House of Representatives, the Senate, and Joint Items such as the Joint Economic Committee, the Joint Congressional Committee on Inaugural Ceremonies of 2017, the Joint Committee on Taxation, and the Office of the Attending Physician.

It also provides appropriations for the Capitol Police, the Office of Compliance, the Congressional Budget Office, the Architect of the Capitol, the Library of Congress, the Government Publishing Office, and the Government Accountability Office.

This division increases overall legislative branch funding above the FY2015 level.

TITLE I--LEGISLATIVE BRANCH

Provides appropriations to the Senate for:

  • Expense Allowances;
  • Representational Allowances for the Majority and Minority Leaders;
  • Salaries, Officers, and Employees;
  • the Office of the Legislative Counsel of the Senate;
  • the Office of Senate Legal Counsel;
  • Expense Allowances of the Secretary of the Senate, Sergeant at Arms and Doorkeeper of the Senate, and Secretaries for the Majority and Minority of the Senate; and
  • Contingent Expenses of the Senate.

(Sec. 1) Requires that amounts remaining in the Senators' Official Personnel and Office Expense Account be used for deficit reduction or to reduce the federal debt

(Sec. 2) Amends the Legislative Branch Appropriations Act, 1991 to permit the Chaplain of the Senate to transfer funds between specified accounts.

Provides appropriations to the House of Representatives for:

  • Salaries and Expenses;
  • House Leadership Offices;
  • Members' Representational Allowances, including Members' Clerk Hire, Official Expenses of Members, and Official Mail;
  • Committee Employees;
  • Salaries, Officers, and Employees; and
  • Allowances and Expenses.

(In this division, the term "Member of the House of Representatives" also includes a Delegate or Resident Commissioner to the Congress.)

(Sec. 101) Requires amounts remaining in Member's Representational Allowances after all payments are made for FY2016 to be used for deficit or debt reduction.

(Sec. 102) Prohibits funds provided by this division from being used to deliver a printed copy of a bill, joint resolution, or resolution to the office of a Member of the House of Representatives unless the Member requests a copy.

(Sec. 103) Prohibits funds provided by this division from being used to deliver a printed copy of the Congressional Record to the office of a Member of the House of Representatives.

(Sec. 104) Prohibits funds provided by this division from being used to make payments from any Members' Representational Allowance to lease a vehicle, excluding mobile district offices, at a rate that exceeds $1,000 for the vehicle in any month.

(Sec. 105) Prohibits funds provided by this division from being used to provide an aggregate number of more than 50 printed copies of the U.S. Code to all offices of the House of Representatives.

(Sec. 106) Prohibits funds provided by this division from being used to deliver a printed copy of the report of disbursements for the operations of the House of Representatives to the office of a Member of the House of Representatives.

(Sec. 107) Prohibits funds provided by this division from being used to deliver to the office of a Member of the House Representatives a printed copy of the Daily Calendar of the House of Representatives prepared by the Clerk of the House of Representatives.

(Sec. 108) Prohibits funds provided by this division from being used to deliver a printed copy of the Congressional Pictorial Directory to the office of a Member of the House of Representatives.

Provides appropriations for Joint Items, including:

  • the Joint Economic Committee,
  • the Joint Congressional Committee on Inaugural Ceremonies of 2017,
  • the Joint Committee on Taxation,
  • the Office of the Attending Physician, and
  • the Office of Congressional Accessibility Services.

Provides appropriations for the Capitol Police, the Office of Compliance, and the Congressional Budget Office.

(Sec. 1001) Amends the Supplemental Appropriations Act, 2001 to permit the Capitol Police to deposit and use reimbursements for law enforcement assistance from any source in connection with an activity that was not sponsored by Congress.

Provides appropriations to the Architect of the Capitol (AOC) for:

  • Capital Construction and Operations;
  • the Capitol Building;
  • the Capitol Grounds;
  • the Senate Office Buildings;
  • the House Office Buildings;
  • the Capitol Power Plant;
  • the Library Buildings and Grounds;
  • the Capitol Police Buildings, Grounds and Security;
  • the Botanic Garden; and
  • the Capitol Visitor Center.

(Sec. 1101) Prohibits funds provided by this division for the AOC from being used to make incentive or award payments to contractors for work that is behind schedule or over budget, unless the deviations are due to unforeseeable events, government-driven scope changes, or are insignificant within the overall scope of the project or program.

(Sec. 1102) Prohibits funds provided by this division from being used for scrims (coverings for buildings that are being renovated) containing photographs of building facades during restoration or construction projects performed by the AOC.

(Sec. 1103) Authorizes the AOC to acquire from the Maryland State Highway Administration, at no cost to the United States, land that is located within the portion of Fort George Meade that the Army transferred to the AOC for long-term storage and service needs of the Library of Congress and other legislative branch agencies.

Provides appropriations to the Library of Congress for:

  • Salaries and Expenses,
  • the Copyright Office,
  • the Congressional Research Service, and
  • Books for the Blind and Physically Handicapped.

(Sec. 1201) Limits the FY2016 obligational authority of the Library of Congress for reimbursable and revolving fund activities funded from sources other than appropriations.

(Sec. 1202) Designates James H. Billington as the Librarian of Congress Emeritus.

Provides appropriations to the Government Publishing Office for:

  • Congressional Publishing,
  • Public Information Programs of the Superintendent of Documents, and
  • the Government Publishing Office Business Operations Revolving Fund.

Provides appropriations to the Government Accountability Office, the Open World Leadership Center Trust Fund, and the John C. Stennis Center for Public Service Training and Development.

(Sec. 1301) Permits employees from federal agencies to be detailed to the Government Accountability Office.

TITLE II--GENERAL PROVISIONS

(Sec. 201) Prohibits funds provided by this division from being used for the maintenance or care of private vehicles, except for emergency assistance and cleaning.

(Sec. 202) Prohibits funds provided by this division from remaining available for obligation beyond FY2016 unless expressly provided in this division.

(Sec. 203) Provides that: (1) rates of compensation or designations of offices or positions included in this division that are either not established by the Legislative Pay Act of 1929 or are contrary to that Act are considered permanent law; and (2) provisions in this division for official congressional expenses and clerk hire for Senators and Members of the House of Representatives are permanent law.

(Sec. 204) Limits contracts for certain consulting services to those where expenditures are a matter of public record and available for public inspection.

(Sec. 205) Permits legislative branch entities participating in the Legislative Branch Financial Managers Council to use funds provided for administrative expenses to pay a share of the cost of the Council if the total cost shared among all participating entities does not exceed $2000.

(Sec. 206) Permits the AOC to maintain and improve landscape features in a specified area in the District of Columbia.

(Sec. 207) Prohibits funds provided by this division from being transferred to any department, agency, or instrumentality of the U.S. government unless the transfer is pursuant to authority provided by this division or any other appropriations Act.

(Sec. 208) Prohibits the AOC from using funds provided by this division to eliminate or restrict guided Capitol tours led by congressional employees and interns. Permits the tours to be temporarily suspended for security or related reasons at the direction of the Capitol Police Board or at the direction of the AOC with the approval of the Capitol Police Board.

(Sec. 209) Permits the AOC to use funds provided for the Capitol Power Plant for the construction, operation, and maintenance of battery recharging stations in Library of Congress parking areas. Requires the AOC to charge fees to recover the costs and permits the fees to be available for obligation without further appropriation during the fiscal year in which the fee is collected.

(Sec. 210) Provides that the Librarian of Congress, the Architect of the Capitol, and the Director of the Government Publishing Office are responsible for regulations and certifications regarding performance appraisal systems for their senior-level employees.

Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2016

DIVISION J--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016

The Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2016 provides FY2016 appropriations to the Department of Defense (DOD) for military construction, military family housing, the U.S. share of the North Atlantic Treaty Organization Security Investment Program, and base closures and realignments.

The division also provides appropriations to the Department of Veterans Affairs (VA) for veterans benefit and health care programs, Departmental Administration, and the National Cemetery Administration.

Related agencies and programs funded in this division include the U.S. Court of Appeals for Veterans Claims; the Armed Forces Retirement Home; and the Cemeterial Expenses of the Army, including Arlington National Cemetery.

This division increases overall FY2016 Military Construction and Veterans Affairs funding above FY2015 levels.

TITLE I--DEPARTMENT OF DEFENSE

Provides appropriations to DOD for Military Construction for:

  • the Army;
  • the Navy and Marine Corps;
  • the Air Force;
  • Defense-Wide agencies and activities (other than military departments);
  • the Army and Air National Guard; and
  • the Army, Navy, and Air Force Reserves.

Provides appropriations to DOD for the North Atlantic Treaty Organization (NATO) Security Investment Program.

Provides appropriations to DOD for Construction and Operation and Maintenance of Family Housing for:

  • the Army,
  • the Navy and Marine Corps,
  • the Air Force, and
  • Defense-Wide agencies and activities (other than military departments).

Provides appropriations for the Department of Defense Base Closure Account.

(Sec. 101) Prohibits the use of funds provided by this title for cost-plus-a-fixed-fee construction contracts exceeding $25,000 without DOD approval. Includes an exception for work that is to be performed in Alaska.

(Sec. 102) Permits construction funds provided by this title to be used for hiring passenger motor vehicles.

(Sec. 103) Permits construction funds provided by this title to be used for advances to the Federal Highway Administration for the construction of access roads DOD has certified as important to national defense.

(Sec. 104) Prohibits funds provided by this title from being used to begin construction of new bases in the United States without a specific appropriation.

(Sec. 105) Prohibits funds provided by this title from being used to purchase land or land easements in excess of 100% of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command. Includes exceptions for: (1) determinations of value by a federal court, (2) purchases negotiated by the Attorney General or a designee, (3) values less than $25,000, and (4) DOD determinations that the purchase is in the public interest.

(Sec. 106) Prohibits funds provided by this title from being used to acquire land, provide for site preparation, or install utilities for family housing, except housing for which appropriations have been provided.

(Sec. 107) Prohibits funds provided this title for minor construction from being used to transfer or relocate any activity from one base or installation to another without notifying Congress in advance.

(Sec. 108) Prohibits funds provided by this title from being used to procure steel for construction unless American producers, fabricators, and manufacturers have been allowed to compete for the procurement.

(Sec. 109) Prohibits funds provided to DOD for military construction or family housing during the current fiscal year from being used to pay real property taxes in any foreign nation.

(Sec. 110) Prohibits funds provided by this title from being used to initiate a new installation overseas without notifying Congress in advance.

(Sec. 111) Prohibits funds provided this title from being used for architect and engineer contracts estimated to exceed $500,000 for projects in Japan, NATO member countries, or countries bordering the Arabian Gulf unless the contracts are awarded to U.S. firms or joint ventures with U.S. firms.

(Sec. 112) Prohibits funds provided by this title for military construction in U.S. territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf from being used to award a contract over $1 million to a foreign contractor. Includes exceptions.

(Sec. 113) Requires DOD to notify Congress in advance of military exercises if construction costs are expected to exceed $100,000.

(Sec. 114) Permits funds appropriated to DOD for construction in prior years to be used for construction projects authorized during the current session of Congress.

(Sec. 115) Permits expired or lapsed funds to be used to pay for supervision, inspection, overhead, engineering, and design costs for military construction or family housing projects being completed with lapsed or expired funds.

(Sec. 116) Permits funds provided for the construction of military projects to be available for five years if: (1) the funds are obligated from funds available for military construction, and (2) do not exceed the amount appropriated or permitted by law.

(Sec. 117) Permits the following transfers if Congress is notified and specified conditions are met:

  • to the Department of Defense Family Housing Improvement Fund from appropriations for construction in Family Housing accounts, and
  • to the Department of Defense Military Unaccompanied Housing Improvement Fund from appropriations for construction of military unaccompanied housing in Military Construction accounts.

(Sec. 118) Permits the transfer of funds from the Department of Defense Base Closure Account to the fund established to pay expenses associated with the Homeowners Assistance Program under the Demonstration Cities and Metropolitan Development Act of 1966.

(Sec. 119) Provides that funds for operation and maintenance of family housing in this title shall be the only source of funds for repair and maintenance of all family housing units, including general or flag officer quarters. Sets forth limitations and requirements for expenditures for maintenance and repair of general or flag officer quarters.

(Sec. 120) Appropriates funds contained in the Ford Island Improvement Account to remain available until expended or transferred.

(Sec. 121) Permits the transfer of unobligated balances of expired military construction and family housing funds into the Foreign Currency Fluctuations--Construction--Defense account.

(Sec. 122) Prohibits the Army from using funds provided by this division to relocate a unit that: (1) performs a required testing mission or function not performed by any other unit, and (2) is located at a military installation where the total number of Army civilian employees and contractor personnel exceeds 10% of the regular and reserve Army personnel. Includes an exception if the Army notifies Congress of the relocation's compliance with Army Regulation 5-10 concerning stationing actions.

(Sec. 123) Permits funds provided to an account in this title to be transferred among projects and activities within the account subject to specified DOD reprogramming guidelines for military and family housing construction.

(Sec. 124) Prohibits DOD military construction funds provided in this title from being used for the planning, design, and construction of projects at Arlington National Cemetery.

(Sec. 125) Rescinds specified unobligated balances from the Military Construction--Army and Family Housing Construction--Army accounts.

(Sec. 126) Rescinds specified unobligated balances from the Military Construction--Air Force account.

(Sec. 127) Rescinds specified unobligated balances from the Military Construction--Defense-Wide account.

(Sec. 128) Provides specified additional funds to the Army to remain available through FY2020 for unfunded military construction priorities.

(Sec. 129) Provides specified additional funds to the Navy and Marine Corps to remain available through FY2020 for unfunded military construction priorities.

(Sec. 130) Provides specified additional funds to the Army National Guard to remain available through FY2020 for unfunded military construction priorities.

(Sec. 131) Provides specified additional funds to the Army Reserve to remain available through FY2020 for unfunded military construction priorities.

(Sec. 132) Provides additional funding for the Military Construction--Army account for advances to Federal Highway Administration for the construction of defense access roads.

(Sec. 133) Provides additional Military Construction--Air Force funds to remain available through FY2020 for unfunded military construction priorities.

(Sec. 134) Provides additional Military Construction--Air National Guard funds to remain available through FY2020 for unfunded military construction priorities.

(Sec. 135) Defines "congressional defense committees" to include the House and Senate Armed Services Committees and Appropriations Subcommittees on Military Construction and Veterans Affairs.

(Sec. 136) Rescinds specified unobligated balances from the fund established by the Demonstration Cities and Metropolitan Development Act of 1966 for expenses associated with the Homeowners Assistance Program.

(Sec. 137) Provides additional Military Construction--Air Force Reserve funds to remain available through FY2020 for unfunded military construction priorities.

(Sec. 138) Prohibits funds from being used to consolidate or relocate any element of a U.S. Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron Engineer (RED HORSE) squadron outside of the United States until the Air Force: (1) submits to Congress an analysis and comparison of the cost and investment required to consolidate or relocate a RED HORSE squadron outside of the United States versus within the United States, and (2) certifies to Congress that the preferred site yields the greatest savings.

(Sec. 139) Prohibits funds provided by this division from being used to close or transfer the U.S. Naval Station, Guantanamo Bay, Cuba.

TITLE II--DEPARTMENT OF VETERANS AFFAIRS

Provides appropriations to the Veterans Benefits Administration for:

  • Compensation and Pensions,
  • Readjustment Benefits,
  • Veterans Insurance and Indemnities,
  • the Veterans Housing Benefit Program Fund,
  • the Vocational Rehabilitation Loans Program Account, and
  • the Native American Veteran Housing Loan Program Account.

Provides appropriations to the Veterans Health Administration (VHA) for:

  • Medical Services,
  • Medical Support and Compliance,
  • Medical Facilities, and
  • Medical and Prosthetic Research.

Provides appropriations to the National Cemetery Administration.

Provides appropriations to the VA for Departmental Administration, including:

  • General Administration,
  • the Board of Veterans Appeals,
  • General Operating Expenses of the Veterans Benefits Administration,
  • Information Technology Systems,
  • the Office of Inspector General,
  • Construction--Major Projects,
  • Construction--Minor Projects,
  • Grants for Construction of State Extended Care Facilities, and
  • Grants for Construction of Veterans Cemeteries.

Limits the expenditure of specified information technology funds for the VistA (Veterans Health Information Systems and Technology Architecture) Evolution Program to 25% of the funds provided until the VA provides a report to Congress including specified details regarding the status of the program.

Withholds specified VHA construction funds until the VA:

  • enters an agreement with a non-VA federal entity to serve as the design and/ or construction agent for any VHA major construction project that exceeds $100 million, and
  • certifies that an agreement is executed to minimize or prevent subsequent major construction project cost overruns.

(Sec. 201) Permits funds to be transferred between the Compensation and Pensions, Readjustment Benefits, and Veterans Insurance and Indemnities accounts if approved by Congress.

(Sec. 202) Permits funds to be transferred between the Medical Services, Medical Support and Compliance, and Medical Facilities accounts, subject to specified requirements and the approval of Congress for certain transfers.

(Sec. 203) Permits appropriations for salaries and expenses to be used for employment of temporary or intermittent experts and consultants, hire of passenger vehicles, lease of a facility or land, and uniforms.

(Sec. 204) Prohibits appropriations in this title other than Construction--Major Projects and Construction--Minor Projects from being used for land acquisition or construction of any new hospital or home.

(Sec. 205) Requires the VA to be reimbursed for medical services it provides to any person not defined as a beneficiary under specified laws.

(Sec. 206) Permits appropriations provided by this title for Compensation and Pensions, Readjustment Benefits, and Veterans Insurance and Indemnities to be used for payment of accrued obligations for the accounts recorded in the last quarter of FY2015.

(Sec. 207) Permits appropriations provided by this title to be used to pay specified prior year obligations. Requires obligations from trust fund accounts to be paid only from the Compensation and Pensions account.

(Sec. 208) Requires the VA to use surplus earnings from the National Service Life Insurance Fund, the Veterans' Special Life Insurance Fund, and the United States Government Life Insurance Fund to reimburse the General Operating Expenses--Veterans Benefits Administration and Information Technology Systems accounts for the costs to administer the insurance programs during FY2016.

(Sec. 209) Permits amounts deducted from enhanced-use lease proceeds for reimbursement of expenses from a prior year to be obligated in the year in which the proceeds are received.

(Sec. 210) Permits funds provided by this title for salaries and other administrative expenses to be used to reimburse the Office of Resolution Management and the Office of Employment Discrimination Complaint Adjudication within specified limits.

(Sec. 211) Permits specified FY2016 funds provided for the Office of Rural Health in the Medical Services account to be transferred to the Grants for Construction of State Extended Care Facilities account.

(Sec. 212) Requires the VA to collect third-party reimbursement information prior to providing hospital care, nursing home care, or medical services for a non-service connected disability. Permits the VA to recover reasonable charges for care from anyone who has not provided the required disclosures.

(Sec. 213) Permits enhanced-use leasing revenues to be deposited into the Construction--Major Projects and Construction--Minor Projects accounts to be used for construction, alterations, and improvements of VA medical facilities.

(Sec. 214) Permits funds provided for Medical Services to be used for: (1) furnishing recreational facilities, supplies, and equipment; and (2) funeral and burial expenses.

(Sec. 215) Permits funds deposited in the Medical Care Collections Fund to be transferred to the Medical Services account and remain available until expended.

(Sec. 216) Permits the VA to enter into agreements with certain Indian tribes and tribal organizations in rural Alaska to provide health care to veterans.

(Sec. 217) Permits funds deposited into the Department of Veterans Affairs Capital Asset Fund to be transferred to the Construction--Major Projects and Construction--Minor Projects accounts to remain available until expended.

(Sec. 218) Permits the Directors of the Veterans Integrated Services Networks to conduct outreach or marketing to enroll new veterans.

(Sec. 219) Requires the VA to report quarterly to Congress on the financial status of the VA.

(Sec. 220) Permits specified FY2016 VA funds to be transferred to or from the Information Technology Systems account if approved by Congress.

(Sec. 221) Prohibits funds from being used to: (1) convert to contractor performance an activity or function performed by more than 10 federal employees unless the conversion is based on the result of a public-private competition that meets specified criteria, or (2) conduct studies comparing the costs of private and government provision of certain VHA products and services without a specific appropriation for that purpose.

(Sec. 222) Permits specified FY2016 VA funds to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund and used for the operation of combined federal medical facilities.

(Sec. 223) Permits specified FY2017 VA funds to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund and used for the operation of combined federal medical facilities.

(Sec. 224) Permits transfers from the Medical Care Collections Fund to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for the operation of combined federal medical facilities.

(Sec. 225) Requires specified funds from the Medical Services, Medical Support and Compliance, and Medical Facilities accounts to be transferred to the DOD-VA Health Care Sharing Incentive Fund to remain available until expended.

(Sec. 226) Rescinds FY2016 appropriations for the VA Medical Services, Medical Support and Compliance, and Medical Facilities accounts and reappropriates the funds to remain available through FY2017.

(Sec. 227) Directs the VA to notify Congress of all bid savings in major construction projects that total at least $5 million or 5% of the programmed amount of the project, whichever is less.

(Sec. 228) Prohibits the scope of work for a project included in Construction--Major Projects from being increased above the original budget request without congressional approval.

(Sec. 229) Requires the VA to submit to Congress quarterly reports from each Veterans Benefits Administration regional office including

  • the average time to complete a disability compensation claim,
  • the number of claims pending more than 125 days,
  • error rates,
  • the number of claims personnel,
  • corrective actions taken,
  • training programs undertaken, and
  • the number and results of Quality Review Team audits.

(Sec. 230) Limits funds from the Medical Services and Medical Support and Compliance accounts that may be used for the VistA (Veterans Health Information Systems and Technology Architecture) Evolution and electronic health record interoperability projects. Permits additional funds to be obligated for this purpose if Congress is notified in advance.

(Sec. 231) Directs the VA to notify Congress before organizational changes that result in the transfer of 25 or more full-time equivalent staff from one organizational unit to another.

(Sec. 232) Requires the VA to report to Congress quarterly regarding any single national outreach and awareness campaign exceeding $2 million.

(Sec. 233) Prohibits the VA from using funds to replace the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and equipment.

(Sec. 234) Permits the VA to transfer funds to the Medical Services account if the transfer is necessary to address the needs of the VHA, meets specified requirements, and is approved by the Office of Management and Budget (OMB) and Congress.

(Sec. 235) Permits FY2016 funds provided for Board of Veterans Appeals and General Operating Expenses--Veterans Benefits Administration to be transferred between those accounts if Congress approves the transfer.

(Sec. 236) Rescinds specified unobligated balances from the DOD-VA Health Care Sharing Incentive Fund.

(Sec. 237) Prohibits the VA from reprogramming more than $5 million in funds among major construction projects or programs without congressional approval.

(Sec. 238) Provides whistleblower protections to certain VA health care employees.

(Sec. 239) Specifies requirements regarding access to Inspector General reports for specified congressional committees, the Secretary of the VA, and the public.

(Sec. 240) Prohibits funds provided by this division from being used to pay the salary of any individual who: (1) was the Executive Director of the Office of Acquisition, Logistics, and Construction; and (2) retired during a VA investigation into delays and cost overruns associated with the design and construction of the new medical center in Aurora, Colorado.

(Sec. 241) Prohibits transfers of funds from the Filipino Veterans Equity Compensation Fund to any other account within the VA.

(Sec. 242) Prohibits funds provided by title II of this division from being used to carry out the Home Marketing Incentive Program or the Appraisal Value Offer Program with respect to VA employees in senior executive positions. Permits a waiver to recruit for a position for which recruitment or retention of qualified personnel is likely to be difficult without these incentives.

(Sec. 243) Establishes the Recurring Expenses Transformational Fund in the Treasury. Permits certain unobligated balances of VA funds to be transferred to the Fund to be used for facilities infrastructure improvements at existing VHA hospitals and clinics and information technology improvements and sustainment, subject to the approval of the Office of Management and Budget and Congress.

TITLE III--RELATED AGENCIES

Provides appropriations for related agencies, including:

  • the American Battle Monuments Commission;
  • the U.S. Court of Appeals for Veterans Claims,
  • Cemeterial Expenses of the Army, including Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery; and
  • the Armed Forces Retirement Home.

(Sec. 301) Permits funds for Cemeterial Expenses--Army to be provided to Arlington County, Virginia to relocate a water main at Arlington National Cemetery to make additional land available for burials.

(Sec. 302) Permits funds from concessions at Army National Military Cemeteries to be used to support activities at the Cemeteries.

TITLE IV--GENERAL PROVISIONS

(Sec. 401) Prohibits the obligation of funds in this division beyond the current fiscal year unless expressly permitted in this division.

(Sec. 402) Prohibits the use of funds provided by this division for programs, projects, or activities not in compliance with federal laws related to risk assessment, the protection of private property rights, or unfunded mandates.

(Sec. 403) Encourages all departments and agencies funded in this division to expand their use of "E-Commerce" technologies and procedures.

(Sec. 404) Specifies the congressional committees that are to receive all reports and notifications required by this division.

(Sec. 405) Prohibits the transfer of funds to any part of the U.S. government without authority provided by an appropriations law.

(Sec. 406) Prohibits funds provided by this division from being used for a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the U.S. House of Representatives.

(Sec. 407) Requires agencies to post reports submitted to Congress on the public web site of the agency. Includes exceptions for national security and confidential or proprietary information.

(Sec. 408) Prohibits the use of funds provided by this division for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.

(Sec. 409) Prohibits the use of funds provided by this division for first-class travel by an employee of the executive branch.

(Sec. 410) Prohibits the use of funds provided by this division for any contract where the contractor has not complied with E-Verify requirements for verification of eligibility for employment.

(Sec. 411) Prohibits DOD or the VA from using funds provided by this division to purchase or lease a new vehicle except in accordance with Presidential Memorandum--Federal Fleet Performance, dated May 24, 2011.

(Sec. 412) Prohibits the use of funds provided by this division for the renovation, expansion, or construction of any facility in the United States to house any individual detained at the United States Naval Station at Guantanamo Bay, Cuba. Includes an exception for modification to the facility at Guantanamo Bay.

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016

DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2016

The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 provides FY2016 appropriations for diplomatic and international assistance programs, including the Department of State, the U.S. Agency for International Development (USAID), and related agencies and programs.

This division includes funding for the administration of foreign affairs, U.S. contributions to international organizations and commissions, bilateral economic assistance, international security assistance, multilateral assistance, and export and investment assistance.

The division also includes funding for Overseas and Contingency Operations (OCO), which is exempt from discretionary spending limits.

The division increases Department of State, Foreign Operations, and Related Programs funding below FY2015 levels.

TITLE I--DEPARTMENT OF STATE AND RELATED AGENCY

Provides appropriations to the Department of State for the Administration of Foreign Affairs, including:

  • Diplomatic and Consular Programs;
  • the Capital Investment Fund;
  • the Office of Inspector General;
  • Educational and Cultural Exchange Programs;
  • Representation Expenses;
  • Protection of Foreign Missions and Officials;
  • Embassy Security, Construction, and Maintenance;
  • Emergencies in the Diplomatic and Consular Service;
  • the Repatriation Loans Program Account;
  • Payment to the American Institute in Taiwan; and
  • Payment to the Foreign Service Retirement and Disability Fund.

Provides appropriations for International Organizations for Contributions to International Organizations and Contributions for International Peacekeeping Activities.

Provides appropriations for International Commissions, including:

  • the International Boundary and Water Commission, United States and Mexico;
  • Salaries and Expenses;
  • Construction;
  • American Sections, International Commissions; and
  • International Fisheries Commissions.

Provides appropriations to the Broadcasting Board of Governors for International Broadcasting Operations and Broadcasting Capital Improvements.

Provides appropriations for Related Programs, including:

  • the Asia Foundation,
  • the U.S. Institute of Peace,
  • the Center for Middle Eastern-Western Dialogue Trust Fund,
  • the Eisenhower Exchange Fellowship Program,
  • the Israeli Arab Scholarship Program,
  • the East-West Center, and
  • the National Endowment for Democracy.

Provides appropriations for Other Commissions, including:

  • the Commission for the Preservation of America's Heritage Abroad,
  • the U.S. Commission on International Religious Freedom,
  • the Commission on Security and Cooperation in Europe,
  • the Congressional-Executive Commission on the People's Republic of China, and
  • the United States-China Economic and Security Review Commission.

TITLE II--UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Provides appropriations to the U.S. Agency for International Development (USAID) for:

  • Operating Expenses,
  • the Capital Investment Fund, and
  • the Office of Inspector General.

TITLE III--BILATERAL ECONOMIC ASSISTANCE

Provides appropriations to the President for:

  • Global Health Programs;
  • Development Assistance;
  • International Disaster Assistance;
  • Transition Initiatives;
  • the Complex Crises Fund;
  • Development Credit Authority;
  • the Economic Support Fund;
  • the Democracy Fund; and
  • Assistance for Europe, Eurasia, and Central Asia.

Provides appropriations to the State Department for: (1) Migration and Refugee Assistance, and (2) the U.S. Emergency Refugee and Migration Assistance Fund.

Provides appropriations to Independent Agencies, including:

  • the Peace Corps,
  • the Millennium Challenge Corporation,
  • the Inter-American Foundation, and
  • the U.S. African Development Foundation.

Provides appropriations to the Department of the Treasury for International Affairs Technical Assistance.

TITLE IV--INTERNATIONAL SECURITY ASSISTANCE

Provides appropriations for International Security Assistance, including:

  • International Narcotics Control and Law Enforcement;
  • Nonproliferation, Anti-Terrorism, Demining, and Related Programs;
  • Peacekeeping Operations;
  • International Military Education and Training; and
  • the Foreign Military Financing Program.

TITLE V--MULTILATERAL ASSISTANCE

Provides appropriations to the President for International Organizations and Programs.

Provides appropriations for International Financial Institutions, including payments to:

  • the International Bank for Reconstruction and Development, including the Global Environmental Facility, the Clean Technology Fund, and the Strategic Climate Fund;
  • the International Development Association;
  • the Inter-American Development Bank;
  • the Asian Development Bank;
  • the Asian Development Fund;
  • the African Development Bank;
  • the African Development Fund;
  • the International Fund for Agricultural Development;
  • the Global Agriculture and Food Security Program; and
  • the North American Development Bank.

TITLE VI--EXPORT AND INVESTMENT ASSISTANCE

Provides appropriations for export and investment assistance to:

  • the Export-Import Bank of the United States for the Inspector General and Administrative Expenses,
  • the Overseas Private Investment Corporation, and
  • the Trade and Development Agency.

TITLE VII--GENERAL PROVISIONS

Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts.

(Sec. 7001) Permits funds provided by this title to be used for allowances and differentials, the employment of temporary or intermittent experts and consultants, and for hire of passenger transportation.

(Sec. 7002) Requires agencies funded by this division division to submit to Congress reports on unobligated balances.

(Sec. 7003) Limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection.

(Sec. 7004) Requires interagency cost sharing with respect to the construction and use of diplomatic facilities, subject to an exception for the U.S. Marine Corps.

Sets forth congressional notification and consultation requirements with respect to the use of funds for the acquisition of property or award of construction contracts for overseas diplomatic facilities.

Permits Embassy Security, Construction, and Maintenance funds provided by this division to be used to address security vulnerabilities at interim, and temporary facilities abroad, subject to specified requirements. Requires congressional notification and consultation prior to the opening, closure, or any significant modification to an interim or temporary diplomatic facility.

Permits specified funds to be transferred to implement the recommendations of the Benghazi Accountability Review Board, or to prevent or respond to security situations and requirements, subject to congressional notification requirements.

(Sec. 7005) Requires costs incurred by agencies funded in title I of this division due to personnel actions in response to funding reductions included in this division to be absorbed within the resources available under title I. Permits the transfer of funds between accounts to comply with this section, subject to reprogramming procedures.

(Sec. 7006) Permits the State Department to award local guard contracts for high risk, high threat posts on the basis of best value as determined by a cost-technical tradeoff analysis, subject to congressional notification requirements.

(Sec. 7007) Prohibits the use of funds provided by titles III through VI of this division for direct assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria.

(Sec. 7008) Prohibits the use of funds provided by titles III through VI of this division for assistance to any country whose duly elected head of government is deposed by a military or military-supported coup or decree. Includes exceptions if a democratically elected government has taken office and for assistance to promote democratic elections.

(Sec. 7009) Sets forth limitations, conditions, and reporting requirements for the transfer of funds between appropriations accounts.

(Sec. 7010) Prohibits funds provided by this division from being used for first-class travel by employees of agencies funded by this division.

(Sec. 7011) Prohibits funds provided by this division from remaining available for obligation beyond the current fiscal year unless expressly provided in this division, subject to specified exceptions.

(Sec. 7012) Prohibits funds provided by titles III through VI of this division from being used for assistance to the government of any country in default in excess of a year on payments on a U.S. loan unless the President determines the assistance is in the U.S. national interest.

(Sec. 7013) Prohibits funds provided by titles III through VI of this division from being used to provide assistance to a country in which the assistance is subject to taxation and not reimbursed by the foreign government unless the State Department makes certain determinations regarding U.S. foreign policy interests.

(Sec. 7014) Permits specifically designated appropriations provided by titles III through VI of this division to be reprogrammed for other programs within the same account if compliance with the designation is made impossible due to a provision in this or any other Act.

Extends the availability of program-specific appropriations for one fiscal year if the State Department or USAID reports to Congress that the termination of assistance to a country or a change in circumstances makes it unlikely that funds can be used during the original period of availability.

Provides that: (1) ceilings and specific funding levels included in this division are not applicable to funds provided by subsequent bills, and (2) specific funding levels or minimum funding requirements contained in other Acts are not applicable to funds provided by this division.

(Sec. 7015) Sets forth congressional notification requirements and procedures regarding reprogramming or transferring funds provided by this division.

Requires congressional notification for funds provided by titles III through VI that are expended for assistance to Afghanistan, Bahrain, Bolivia, Burma, Cambodia, Colombia, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Pakistan, the Russian Federation, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe.

(Sec. 7016) Requires the Department of Defense (DOD) to notify Congress before: (1) providing certain excess defense articles under the Foreign Assistance Act of 1961, or (2) issuing a letter of offer to sell certain defense articles under the Arms Export Control Act.

(Sec. 7017) Provides that: (1) certain funds included in titles I and III through V of this division that are returned or not made available for international organizations shall remain available through FY2018, and (2) specified requirements to withhold funds for programs in Burma do not apply to funds provided by this division.

(Sec. 7018) Prohibits funds provided to carry out part I of the Foreign Assistance Act of 1961 from being used for abortions and involuntary sterilization.

(Sec. 7019) Requires funds provided by this division to be made available for programs and countries in the amounts contained in the tables in the explanatory statement accompanying this bill.

(Sec. 7020) Prohibits certain funds from being used to pay for alcoholic beverages or entertainment expenses for recreational activities.

(Sec. 7021) Prohibits assistance for governments engaged in specified activities that support international terrorism.

(Sec. 7022) Permits funds provided by this division for the Trade and Development Agency to be spent, notwithstanding specified provisions that prohibit the obligation of funds for certain foreign assistance, intelligence, and broadcasting activities without a specific authorization of appropriations.

(Sec. 7023) Defines the terms "program", "project", and "activity" for the purposes of this division.

(Sec. 7024) Provides authority for activities of the Peace Corps, the Inter-American Foundation, and the U.S. African Development Foundation that are authorized by or conducted under specified statutes.

(Sec. 7025) Prohibits specified funds provided by this division from being used for activities related to the production, growth, or extraction of commodities for export by foreign countries if the commodities are likely to be in surplus on world markets or cause substantial injury to U.S. producers of the same, similar, or competing commodities, subject to specified exceptions. Directs Treasury to instruct the U.S. executive directors of the international financial institutions to oppose assistance for these activities.

(Sec. 7026) Directs USAID to require countries that receive foreign assistance or cash transfers which result in the generation of local currencies to deposit the currencies in a separate account to be used to finance foreign assistance activities. Sets forth conditions and restrictions for the use of the funds.

(Sec. 7027) Provides that restrictions on assistance for a country included in this or any other Act should not be construed to restrict assistance: (1) in support of nongovernmental organizations included in specified provisions of this division, and (2) under the Food for Peace Act.

Provides that this section does not alter prohibitions against funding for abortions, involuntary sterilizations, and countries that support international terrorism or violate human rights.

(Sec. 7028) Sets forth the conditions under which USAID may use funds provided by this division for limited competitions through local entities.

Requires USAID to report to Congress annually on certain awards subject to limited or no competition for local entities.

Extends the authority for USAID to enter into contracts where competition is limited to local entities if certain conditions are met.

(Sec. 7029) Requires the Department of the Treasury to instruct the U.S. executive director of certain international financial institutions to seek to require the institution to meet specified requirements regarding:

  • evaluations and reports of the effectiveness of loans, grants, and other activities;
  • social and environmental safeguards;
  • human rights;
  • fraud and corruption;
  • publication of beneficial ownership information; and
  • whistleblower protections.

Prohibits funds provided under title V of this division from being used for international financial institutions while the U.S. executive director is compensated above specified levels.

(Sec. 7030) Permits nongovernmental organizations which are USAID grantees or contractors to place funds provided by title III of this division in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges.

(Sec. 7031) Sets forth requirements and limitations for direct government-to-government assistance related to financial management, budget transparency, corruption, and human rights violations.

Permits funds provided by this division to be used to: (1) promote and support transparency and accountability of expenditures and revenues related to the extraction of natural resources, and (2) to support the provision of additional information on U.S. foreign assistance on the Department of State foreign assistance web site.

(Sec. 7032) Provides specified funds for democracy programs, including the National Endowment for Democracy and supporting freedom of religion. Sets forth reporting requirements and other requirements for the use of the funds.

(Sec. 7033) Provides appropriations for specified programs related to promoting international religious freedom.

Requires the State Department, after consulting with other agencies represented on the Atrocities Prevention Board (APB) and human rights organizations, to submit to Congress:

  • an evaluation of the persecution of Christians and people of other religions in the Middle East by violent Islamic extremists and the Muslim Rohingya people in Burma by violent Buddhist extremists, and
  • a description of any proposed atrocities prevention response recommended by the APB.

Requires the President to identify any non-state entities that have engaged in significant violations of religious freedom, and designate each entity as a non-state entity of particular concern for religious freedom.

(Sec. 7034) Permits specified funds provided by this division to be used for:

  • victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of such trafficking;
  • programs to disarm, demobilize, and reintegrate into civilian society former members of foreign terrorist organization;
  • assistance to eliminate inhumane conditions in foreign prisons and other detention facilities;
  • the World Food Program;
  • genocide victims memorial sites;
  • grants for the application of science and technology problems to foreign policy;
  • innovation incentive awards to encourage solutions related to the alleviation of poverty;
  • contingencies;
  • loan guarantees for Jordan, Ukraine, and Tunisia; and
  • enterprise funds for Egypt and Tunisia.

Prohibits funds provided by this division from being used for:

  • supporting military operations that include child soldiers; and
  • 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.

Requires specified funds provided by this division to be used for:

  • forensic assistance relating to the exhumation of mass graves and identification of victims of war crimes and crimes against humanity and combatting human trafficking, including in Guatemala, Peru, Colombia, Iraq, and Sri Lanka;
  • the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union; and
  • the Partner Vetting System pilot program.

Permits specified funds provided under the Foreign Assistance Act of 1961 to support a nation emerging from instability to include support for a regional, district, municipal, or other sub-national entity emerging from instability.

Directs the State Department to implement the requirement of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 that A-3 and G-5 visas to applicants of a diplomatic mission or international organization be suspended if its employees are found to have a record of exploiting nonimmigrant employees holding the visas.

Requires the State Department to report to Congress on:

  • funds spent during FY2015 for specified accounts related to security assistance,
  • limitations and vetting of foreign assistance for security forces due to human rights violations, and
  • the effectiveness of policies and procedures in ensuring that payments for indirect costs are reasonable and comply with the Federal Acquisition Regulations.

Amends the Foreign Service Act of 1980 to modify the group life insurance supplemental applicable to foreign service employees killed in terrorist attacks.

Requires the State Department to withhold specified funds 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.

Permits the State Department to transfer specified funds provided for Protection of Foreign Missions and Officials and Diplomatic and Consular Programs.

Extends authorities related to:

  • legal protections for U.S. citizens convicted by the Cairo Criminal Court on June 4, 2013, in Public Prosecution Case No. 1110 for the Year 2012;
  • passport fees;
  • accountability review boards;
  • incentives for critical posts;
  • the foreign service officer annuitant waiver;
  • the Department of State civil service annuitant waiver;
  • the USAID civil service annuitant waiver;
  • overseas pay comparability and limitation;
  • refugee set-asides for nationals of the former Soviet Union, Estonia, Latvia, or Lithuania who are current, active members of the Ukrainian Catholic Church or the Ukrainian Orthodox Church;
  • status to a lawfully admitted permanent resident for certain aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia;
  • the inspector general annuitant waiver;
  • loan guarantees to Israel;
  • war reserves stock pile authority; and
  • the U.S. Advisory Commission on Public Diplomacy.

Requires funds provided by this division for payments to the Working Capital Fund to be used only for the activities and in the amounts justified in the President's FY2016 budget.

Requires specified funds provided by this division for monitoring and evaluation of assistance in the International Disaster Assistance and Migration and Refugee Assistance accounts to be used for the regular collection of feedback obtained directly from beneficiaries.

Permits funds available in the HIV/AIDS Working Capital Fund to be used for pharmaceuticals and other products for child survival, malaria, and tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other products.

Requires specified funds provided for Development Assistance and the Economic Support Fund to be made available for the Small Grants Program. Establishes reporting requirements and modifies requirements for the program.

(Sec. 7035) Expresses the sense of Congress on the Arab League boycott of Israel.

(Sec. 7036) Establishes limitations on the use of funds provided under titles III through VI of this division to support a Palestinian state.

(Sec. 7037) Restricts the use of funds provided by titles II through VI for conducting official U.S. government business with the Palestinian Authority.

(Sec. 7038) Prohibits funds from being used for assistance to the Palestinian Broadcasting Corporation.

(Sec. 7039) Sets forth restrictions and requirements for assistance provided for the West Bank and Gaza.

(Sec. 7040) Restricts the use of specified funds provided by this division for assistance to the Palestinian Authority or Hamas.

(Sec. 7041) Specifies permissible, required, and prohibited uses for funds in the Near East, including for Egypt, Iran, Iraq, Jordan, Lebanon, Libya, Morocco, Syria, Tunisia, and the West Bank and Gaza. Sets forth reporting requirements.

(Sec. 7042) Requires funds provided by this division for assistance for Cameroon, Chad, Niger, and Nigeria to be used for assistance: (1) for women and girls who are targeted by the terrorist organization Boko Haram, and (2) counterterrorism programs to combat Boko Haram.

Permits funds provided by this division for assistance for the Central African Republic to be used for reconciliation and peacebuilding programs.

Provides funds for the Trans-Sahara Counter-terrorism Partnership program and the Partnership for Regional East Africa Counterterrorism program.

Prohibits funds provided by this division for assistance for Ethiopia from being used for forced evictions. Instructs Treasury to direct the U.S. executive director of each international financial institution to vote against financing any activity that involves forced evictions.

Requires Foreign Military Financing Program funds provided to Ethiopia to be used only for border security and counter terrorism programs, support for international peacekeeping efforts, and assistance for the Ethiopian Defense Command and Staff College.

Permits funds provided by this division to be used for democracy programs in Cameroon, Chad, Niger, and Nigeria, subject to specified requirements.

Provides funds for specified programs in Africa.

Sets forth restrictions and requirements for funds provided by this division for assistance to South Sudan.

Prohibits funds provided by this division from being used for assistance for the government of Sudan.

Permits specified funds provided by this division to be used for programs and activities in areas affected by the Lord's Resistance Army consistent with the goals of the Lord's Resistance Army Disarmament and Northern Uganda Recovery Act.

Prohibits the use of funds provided by this division to assist the government of Zimbabwe, subject to specified exceptions.

(Sec. 7043) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities in East Asia and the Pacific, including the Asia Rebalancing Initiative and in Burma, Cambodia, North Korea, the People's Republic of China, Tibet, and Vietnam.

(Sec. 7044) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities and programs in South and Central Asia, including Afghanistan, Bangladesh, Nepal, Pakistan, Sri Lanka, and regional programs.

(Sec. 7045) Provides specified funds for the implementation of the Plan of the Alliance for Prosperity in the Northern Triangle of Central America and specifies requirements for the use of the funds.

Permits funds provided by this division for assistance to Colombia to 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.

Permits specified funds provided by this division to be used for assistance for Haiti, subject to specified certification and reporting requirements.

Requires costs of operations and maintenance, including fuel, of aircraft funded by this division to be borne by the recipient country.

(Sec. 7046) Prohibits funds provided by titles III through VI of this division from being used to pay any assessments, arrearages, or dues of any United Nations member, or the costs for another country's delegation to attend an international conference.

(Sec. 7047) Permits the President to drawdown specified funds to support United Nations (U.N.) war crimes tribunals or commissions resolving charges regarding genocide or other violations of international humanitarian law.

Permits funds provided by this division to be used 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.

(Sec. 7048) Limits the use of funds provided by this division for contributions to the U.N. or the Organization of American States until specified transparency and accountability measures are taken by the organizations, subject to a waiver for a humanitarian crisis.

Prohibits funds provided by this division from being used for:

  • any U.S. delegation to any specialized agency, body, or commission of the U.N. that is chaired or presided over by a country that supports international terrorism;
  • the U.N. Human Rights Council unless the State Department determines and reports to Congress that participation in the Council is in the U.S. national security interest and that the Council is taking significant steps to remove Israel as a permanent agenda item; and
  • the design, renovation, or construction of the U.N. Headquarters in New York

Requires the State Department to report to Congress regarding: (1) the United Nations Relief and Works Agency, and (2) funds available for the U.N. or any international program that are withheld due to any provision of law.

(Sec. 7049) Permits funds provided by titles III and IV of this division to be used 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.

(Sec. 7050) Prohibits funds provided by this division from being used 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 the products, except for restrictions which are not applied equally to all products of the same type.

(Sec. 7051) Prohibits the use of funds provided by this division for the attendance of more than 50 U.S.-stationed employees at any single conference outside the United States unless Congress is notified in advance that attendance is important to the national interest.

(Sec. 7052) Permits the transfer of certain aircraft between programs, including for the transportation of active and standby Civilian Response Corps personnel and equipment. Specifies requirements for aircraft coordination.

(Sec. 7053) Withholds specified assistance from foreign countries with unpaid property taxes or parking fines and penalties in the District of Columbia or New York City.

(Sec. 7054) Permits demining equipment available to the State Department or USAID and used for the clearance of landmines and unexploded ordnance for humanitarian purposes to be disposed of on a grant basis in foreign countries.

Restricts furnishing military assistance, issuing export licenses, and transferring or selling technology relating to cluster munitions.

(Sec. 7055) Prohibits funds provided by this division from being used for publicity or propaganda purposes within the United States that were not authorized before the enactment of this bill.

Permits USAID to use specified funds to provide assistance to private and voluntary organizations engaged in facilitating public discussion of world hunger and other related issues.

(Sec. 7056) Permits the State Department, with the concurrence of the Attorney General, to 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.

(Sec. 7057) Permits USAID to use specified funds provided by this division for:

  • hiring individuals in the United States and overseas on a limited appointment basis, subject to specified terms and conditions;
  • individuals detailed or employed to USAID to respond to disasters;
  • hiring personal services contractors in the United States to support new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained.

Permits extensions of up to four years for limited-appointment Foreign Service personnel.

Permits USAID to provide exceptions to the fair opportunity process for placing task orders under multiple award indefinite-quantity contracts when the order is placed with a small or small disadvantaged business.

Continues USAID authority to appoint into the Senior Foreign Service and employ up to 10 individuals for programs in Afghanistan or Pakistan.

(Sec. 7058) Permits funds provided by this division for bilateral assistance for child survival activities or disease programs including activities relating to HIV/AIDS to be made available notwithstanding any other provision of law, subject to specified exceptions. Requires specified funds to be used for family planning and reproductive health.

Withholds specified funds from the Global Fund to Fight AIDS, Tuberculosis, and Malaria until the State Department submits a specified report to Congress.

Permits specified funds to be used to combat infectious disease or a public health emergency, if an international infectious disease outbreak is sustained, severe, and is spreading internationally, or it is in the national interest to respond to a Public Health Emergency of International Concern.

(Sec. 7059) Provides specified funds for programs related to gender equality.

(Sec. 7060) Allocates specified funds and establishes reporting and other requirements for:

  • basic and higher education,
  • development programs,
  • environment programs,
  • food security and agricultural development,
  • microenterprise and microfinance,
  • programs to combat trafficking in persons and end modern slavery,
  • reconciliation programs, and
  • water and sanitation.

(Sec. 7061) Permits specified funds provided by title III of this division to be transferred to the Overseas Private Investment Corporation Account.

(Sec. 7062) Prohibits funds provided by this division from being used to implement the Arms Trade Treaty until the Senate ratifies the Treaty.

(Sec. 7063) Requires specified funds provided by this division to be used for programs to assist significant populations of internally displaced persons or refugees in countries in conflict, subject to specified requirements.

(Sec. 7064) Requires the State Department to notify Congress and provide specified details after concluding an agreement with a country to receive individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo).

(Sec. 7065) Prohibits funds provided by this division from being used to make any pledge for future year funding for multilateral or bilateral programs funded in titles III through VI unless the pledge was justified in a congressional budget justification, the pledge was included in an appropriations Act, and congressional notification requirements have been met.

(Sec. 7066) Prohibits funds provided by this division from being used to support or justify the use of torture, cruel, or inhumane treatment by any official or contract employee of the U.S. government.

Permits specified funds provided by this division to be used for assistance to eliminate torture by foreign police, military or other security forces in countries receiving assistance from funds provided by this division.

(Sec. 7067) Prohibits the use of funds provided by this division to assist the governments of certain countries that have refused to extradite to the United States any individual indicted for: (1) a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole, or (2) killing a law enforcement officer. Specifies exceptions and permits the State Department to waive the restrictions based on the national interest.

(Sec. 7068) Permits financing to be provided to Israel, Egypt, the North Atlantic Treaty Organization (NATO), and major non-NATO allies for commercial leasing of certain defense articles from U.S. commercial suppliers, if the President determines that there are compelling foreign policy or national security reasons for providing the articles by commercial lease rather than by government-to-government sale.

(Sec. 7069) Requires specified funds included in titles III through VI to be made available for assistance for Ukraine.

Prohibits funds provided by this division from being made available for a government of an independent state of the former Soviet Union that directs any action in violation of the territorial integrity or national sovereignty of any other independent state of the former Soviet Union, subject to a waiver for national security.

Specifies exceptions to restrictions on providing assistance to the government of Azerbaijan.

(Sec. 7070) Prohibits funds provided by this division from being used for assistance for the central government of: (1) the Russian Federation, or (2) a country that has taken affirmative steps intended to support the Russian Federation annexation of Crimea. Permits a waiver for the national interest.

Prohibits funds provided by this division from being used for:

  • implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea;
  • facilitation, financing, or guarantee of U.S. government investments in Crimea if the activity includes the participation of Russian government officials, and Russian owned and controlled banks or financial entities; or
  • assistance for Crimea that includes the participation of Russian government officials, and Russian owned and controlled banks or financial entities.

Requires Treasury to instruct the U.S. executive directors of each international financial institution to vote against assistance for any program that violates the sovereignty or territorial integrity of Ukraine.

Permits funds provided by this division for assistance to the Eastern Partnership countries to be used to advance the implementation of Association Agreements, trade agreements, and visa liberalization agreements with the European Union (EU), and to reduce their vulnerability to Russian economic and political pressure.

Permits funds provided by this to be used to support the advancement of democracy and the rule of law in the Russian Federation, including to promote Internet freedom and to support the democracy and rule of law strategy required under current law.

(Sec. 7071) Extends certain International Monetary Fund (IMF) transparency, accountability, and lending requirements to this division. Directs Treasury to instruct the U.S. Executive Director of the IMF to ensure that: (1) any loan will be repaid to the IMF before other private creditors, and (2) that the IMF is implementing certain policies to protect whistleblowers from retaliation.

(Sec. 7072) Specifies funds that may be obligated for the purposes of the Special Defense Acquisition Fund, including the provision of defense articles and defense services to foreign countries or international organizations.

(Sec. 7073) Requires funds provided by this division to be used for programs to: (1) counter foreign fighters and violent extremist organizations, and (2) strengthen security and governance in countries threatened by violent extremism.

(Sec. 7074) Prohibits funds provided by titles III through VI of this division from being used for Enterprise Funds unless Congress is notified in advance. Establishes reporting requirements related to Enterprise Funds.

(Sec. 7075) Requires the head of the relevant agency to notify Congress if the President decides not to comply with any provisions of this division based on constitutional grounds. Requires the notification to include: (1) the basis for the determination, and (2) any resulting program and policy changes.

(Sec. 7076) Sets forth requirements for operating plans, spending plans, spending reports, and congressional budget justifications for specified agencies and programs funded by this division.

(Sec. 7077) Requires agencies to post reports required to be submitted to Congress on their public websites if it is in the national interest, subject to exceptions for national security or proprietary, privileged, or sensitive information.

Prohibits funds provided by this division from being used for email accounts or email servers created outside of the .gov domain or not fitted for automated records management as part of a federal government records management program. Establishes reporting and other requirements related to federal records management.

(Sec. 7078) Provides specified funds to be used for programs to promote Internet freedom globally, subject to specified requirements.

(Sec. 7079) Permits funds provided by this division for the Economic Support Fund to be used for USAID programs to address the needs and protect and promote the rights of people with disabilities in developing countries.

(Sec. 7080) Prohibits funds provided by titles III through VI of this division from being used for:

  • any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of U.S. employees,
  • assistance for any program that contributes to the violation of internationally recognized workers' rights in the recipient country,
  • any assistance to an entity outside the United States for the purpose of relocating or transferring jobs from the United States to other countries, or
  • to implement specified policies that would 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 or prevent the loss of jobs in the United States.

(Sec. 7081) Requires any country assistance strategy developed after enactment of this division to include a transition plan for the assistance to be provided through other international donor support and budget support by the respective foreign government.

Requires the State Department to implement a pilot program to gradually decrease assistance for at least two countries receiving assistance under this division that meet specified criteria.

(Sec. 7082) Provides appropriations for the U.N. Populations Fund and specifies requirements and restrictions for the funds. Prohibits the funds from being used for a country program in the People's Republic of China.

TITLE VIII--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM

Provides additional FY2016 appropriations for Overseas Contingency Operations/ Global War on Terrorism, which are exempt from discretionary spending limits.

Provides appropriations to the State Department for Administration of Foreign Affairs, including:

  • Diplomatic and Consular Programs;
  • the Office of Inspector General; and
  • Embassy Security, Construction, and Maintenance.

Provides appropriations for Contributions to International Organizations and Contributions for International Peacekeeping Activities.

Provides appropriations to the Broadcasting Board of Governors for International Broadcasting Operations and to USAID for Operating Expenses.

Provides appropriations for Bilateral Economic Assistance, including:

  • International Disaster Assistance;
  • Transition Initiatives;
  • the Complex Crises Fund;
  • the Economic Support Fund;
  • Assistance for Europe, Eurasia, and Central Asia; and
  • Migration and Refugee Assistance.

Provides appropriations for International Security Assistance, including:

  • International Narcotics Control and Law Enforcement;
  • Nonproliferation, Anti-Terrorism, Demining, and Related Programs;
  • Peacekeeping Operations; and
  • the Foreign Military Financing Program.

(Sec. 8001) States that funds provided by this title are in addition to other FY2016 funds provided by this division.

(Sec. 8002) States that funds provided by this title are subject to the same authorities and conditions applicable to the accounts in prior titles, unless otherwise noted.

(Sec. 8003) Sets forth authority, restrictions, and requirements for the transfer of funds provided by this title.

TITLE IX--OTHER MATTERS

Provides appropriations to the United States Quota--International Monetary Fund account for an increase in the U.S. quota in the International Monetary Fund (IMF). Designates the funds as an emergency requirement.

Rescinds appropriations provided by the Supplemental Appropriations Act, 2009 for Loans to the International Monetary Fund.

(Sec. 9001) Amends the Bretton Woods Agreements Act to end the authority for U.S. contributions to the IMF's New Arrangements to Borrow (NAB) on December 16, 2022.

(The NAB is a set of credit arrangements between the IMF and member countries and institutions, that is used when the IMF needs to supplement its quota resources for lending purposes.)

Requires Treasury to certify, prior to consenting to the activation of the NAB, that: (1) IMF resources available for new loans are expected to fall below a specified threshold, and (2) activating the NAB is in the U.S. strategic economic interest.

(Sec. 9002) Permits the U.S Governor of the IMF to approve reforms proposed as amendments to the Articles of Agreement of the Fund in resolution 66-2 of the Board of Governors of the Fund. Increases the U.S. quota in the IMF.

(Sec. 9003) Requires the Congressional Budget Office (CBO) to report on the methodology and rationale for incorporating market risk in estimates for the IMF. Requires the congressional budget and appropriations committees to review CBO's methodology and consider options for modifying the budgetary treatment of IMF appropriations.

(Sec. 9004) Requires the U.S. Executive Director of the IMF to meet congressional notification and reporting requirements before voting on a new exceptional access loan, subject to an exception permitting the report to be submitted after votes in extraordinary or emergency circumstances. (Under the exceptional access policy, the IMF may lend amounts above normal borrowing limits on a case-by-case basis.)

(Sec. 9005) Requires Treasury to direct the U.S. Executive Director of the IMF to urge the repeal of the systemic risk exemption to the debt sustainability criterion of the exceptional access framework. (The exemption was used for Greece and allows large loans to be approved despite questions about a country's debt sustainability, if the risk of not providing the loan would destabilize the global economy.)

Prohibits the quota increase authorized in section 9002 of this division from going forward until Treasury reports to Congress that the United States has taken all necessary steps to secure repeal of the systemic risk exemption to the exceptional access framework

(Sec. 9006) Requires Treasury to report annually to Congress on: (1) changes to IMF lending, surveillance, and technical assistance policies; and (2) the exceptional access program and policies.

(Sec. 9007) Requires Treasury to report to Congress on improving effectiveness and mitigating the risks of U.S. participation in the IMF.

Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016

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

The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016 provides FY2016 appropriations for the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and several related agencies.

The division includes both discretionary and mandatory funding. The HUD budget is primarily discretionary spending, and most of the DOT budget is mandatory spending, in the form of contract authority from the Highway Trust Fund (HTF).

This division increases overall funding for Transportation, Housing and Urban Development, and Related Agencies above FY2015 levels.

Department of Transportation Appropriations Act, 2016

TITLE I--DEPARTMENT OF TRANSPORTATION

Provides FY2016 appropriations for the Department of Transportation (DOT).

Provides appropriations for the Office of the Secretary, including:

  • Salaries and Expenses;
  • Research and Technology;
  • National Infrastructure Investments (also known as TIGER grants);
  • Financial Management Capital;
  • Cyber Security Initiatives;
  • the Office of Civil Rights;
  • Transportation Planning, Research, and Development, including the establishment of an Interagency Infrastructure Permitting Improvement Center;
  • the Working Capital Fund;
  • the Minority Business Resource Center Program;
  • Minority Business Outreach; and
  • Payments to Air Carriers.

(Sec. 101) Prohibits DOT from approving assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this division except for activities underway on the date of enactment, unless the reprogramming process has been completed.

(Sec. 102) Permits DOT to use the Working Capital Fund to provide transit benefits to federal employees.

(Sec. 103) Requires DOT to: (1) post on its website the schedule and agenda for all meetings of the Credit Council, and (2) require the Credit Council to record the decisions and actions of each meeting.

(Sec. 104) Permits DOT to use the Working Capital Fund to provide payments in advance and accept subsequent reimbursements from federal agencies for distributing transit benefits to federal employees. Requires DOT to maintain a limited operating reserve in the Fund to provide uninterrupted transit benefits.

Provides appropriations to the Federal Aviation Administration (FAA) for:

  • Operations;
  • Facilities and Equipment;
  • Research, Engineering, and Development; and
  • Grants-In-Aid For Airports.

Prohibits the use of funds provided by this division for: new applicants for the second career training program, new unauthorized user fees, or aeronautical charting and cartography activities through the Working Capital Fund.

Permits funds received from specified public, private, and foreign sources for expenses incurred to be credited to the appropriation.

Requires DOT to submit to Congress a five-year capital investment plan for the FAA.

Permits funds to be used for installation and commissioning or runway incursion prevention devices and systems.

(Sec. 110) Limits technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development.

(Sec. 111) Prohibits the FAA from requiring airport sponsors to provide the agency without cost building construction, maintenance, utilities and expenses, or space in sponsor-owned buildings for air traffic control, air navigation, or weather reporting, subject to specified exceptions.

(Sec. 112) Permits the FAA to reimburse amounts made available from certain fees to carry out the Essential Air Service (EAS) program, which ensures that small communities have a minimum level of air service.

(Sec. 113) Permits amounts collected by the FAA for providing technical assistance to foreign aviation authorities to be credited to the Operations account.

(Sec. 114) Prohibits the FAA from paying Sunday premium pay except if an individual worked on a Sunday.

(Sec. 115) Prohibits the FAA from using funds provided by this division to purchase a store gift card or gift certificate using a government-issued credit card.

(Sec. 116) Allows all airports experiencing the required level of boardings through charter and scheduled air service to be eligible for specified funds.

(Sec. 117) Prohibits funds provided by this division from being used for retention bonuses for FAA employees without prior approval of the Assistant Secretary for Administration of DOT.

(Sec. 118) Requires the FAA to block the display of an owner's or operator's aircraft registration number in the Aircraft Situational Display to Industry data program, upon the request of an owner or operator.

(Sec. 119) Prohibits the use of funds provided by this division to pay the salaries and expenses of more than nine political or presidential FAA appointees.

(Sec. 119A) Prohibits the use of funds provided by this division to increase fees for navigation products until the FAA provides Congress with a justification for all fees for aeronautical navigation products.

(Sec. 119B) Requires the FAA to notify Congress prior to closing a regional operations center or reducing the services it provides.

(Sec. 119C) Prohibits funds provided by this division from being used to change weight restrictions or prior permission rules at Teterboro Airport in New Jersey.

Provides funding from the Highway Trust Fund (HTF) to the Federal Highway Administration (FHWA) for Administrative Expenses and Federal-Aid Highways.

(Most of DOT's budget is mandatory budget authority rather than discretionary budget authority. The mandatory budget authority is primarily in the form of contract authority derived from the Highway Trust Fund (HTF). Contract authority is the authority to obligate funds in advance of an appropriation Act.

Spending from the HTF is determined both by authorization bills and appropriations bills. Authorization bills provide contract authority for highway programs, and appropriations bills include obligation limitations that determine how much of the contract authority may be used in a given year.)

(Sec. 120) Specifies allocations and requirements for distributing obligation authority from the HTF among federal-aid highway programs.

(Sec. 121) Credits funds received by the Bureau of Transportation Statistics from the sale of data products to the Federal-Aid Highways account to reimburse the Bureau for expenses.

(Sec. 122) Requires DOT to: (1) provide an informal public notice and comment opportunity prior to waiving the Buy America requirement for federal-aid highway projects, and (2) report to Congress annually on waivers.

(Sec. 123) Requires DOT to notify Congress prior to providing credit assistance under the Transportation Finance and Innovation Act (TIFIA) program, which provides credit to finance surface transportation projects of national and regional significance.

(Sec. 124) Makes permanent the Vermont and Maine exemptions from federal truck weight limitations. Adds an additional exemption for certain vehicles operating in Idaho.

(Sec. 125) Permits states to repurpose certain highway project funding to be used within 50 miles of its original designation.

(Sec. 126) Increases the highway safety improvement program set-aside for highway-railroad grade crossings.

Provides funding from the HTF to the Federal Motor Carrier Safety Administration (FMCSA) for: (1) Motor Carrier Safety Operations and Programs, and (2) Motor Carrier Safety Grants.

(Sec. 130) Subjects funds provided by this division to specified terms and conditions included in prior appropriations Acts regarding Mexico-domiciled motor carriers. Repeals a provision in the Department of Transportation and Related Agencies Appropriation Act, 2002 that established an annual reporting requirement for the Office of Inspector General.

(Sec. 131) Requires the FMCSA to provide written notice of violations of certain safety procedures and regulations that could require an expedited safety audit or compliance review or a written response demonstrating corrective action.

(Sec. 132) Permits states that issued Commercial License Permits to individuals under age 18 prior to the FMCSA rule establishing a minimum age of 18, to continue to do so.

(Sec. 133) Prohibits DOT from using funds to enforce provisions of the Hours of Service rule regarding the restart of a driver's 60- or 70-hour limit unless: (1) the study required by the Consolidated and Further Continuing Appropriations Act, 2015 demonstrates that the restart provisions resulted in statistically significant net safety benefits, and (2) the Inspector General certifies that the final report meets the statutory requirements.

(Sec. 134) Prohibits Motor Carrier Safety Operations and Programs funds from being used to deny an application to renew a hazardous materials safety permit unless a carrier has the opportunity to present its own corrective actions and DOT determines the actions are insufficient.

(Sec. 135) Prohibits funds for Motor Carrier Safety Operations and Programs from being used for a wireless roadside inspection program until after DOT makes specified certifications to Congress.

(Sec. 136) Provides that certain commercial motor carrier transportation regulations do not apply to the transportation of passengers by motor vehicles operated by youth or family camps that provide overnight accommodations and recreational or educational activities at fixed locations.

(Sec. 137) Includes Kansas under an agricultural exemption from federal truck trailer length requirements.

Provides appropriations to the National Highway Traffic Safety Administration (NHTSA) for Operations and Research.

Provides funding from the HTF to NHTSA for Operations and Research and Highway Traffic Safety Grants.

(Sec. 140) Provides additional funding to NHTSA for travel and related expenses associated with state management reviews and core competency development training for highway safety staff.

(Sec. 141) Exempts from the current fiscal year's obligation limitation any obligation authority that was made available in previous public laws.

(Sec. 142) Prohibits funds provided by this division from being used for NHTSA's National Roadside Survey.

(Sec. 143) Prohibits funds provided by this division from being used to mandate global positioning system tracking without fully considering privacy concerns.

Provides appropriations to the Federal Railroad Administration (FRA) for:

  • Safety and Operations,
  • Railroad Research and Development,
  • the Railroad Rehabilitation and Improvement Financing Program,
  • Railroad Safety Grants,
  • Operating Grants to the National Railroad Passenger Corporation (Amtrak), and
  • Capital and Debt Service Grants to Amtrak.

(Sec. 150) Permits the FRA to receive and use cash or spare parts to repair or replace damaged automated track inspection cars and equipment.

(Sec. 151) Limits overtime for Amtrak employees. Permits Amtrak to waive the limit for specific employees due to safety or operational efficiency reasons. Requires Amtrak to report to Congress on waivers granted and overtime payments incurred.

(Sec. 152) Permits specified unobligated railroad research and development funds to be used to assist class II and class III railroads with expenses related to applying for loans and loan guarantees under the Railroad Rehabilitation and Improvement Financing Program.

(Sec. 153) Permits specified unobligated balances to be used for capital grants to Amtrak for shared use infrastructure on the Northeast Corridor.

Provides appropriations to the Federal Transit Administration (FTA) for:

  • Administrative Expenses,
  • Capital Investment Grants, and
  • Grants to the Washington Metropolitan Area Transit Authority.

Provides funding from the HTF to the FTA for Transit Formula Grants.

(Sec. 160) Exempts previously made transit obligations from limitations on obligations.

(Sec. 161) Permits FTA Fixed Guideway Capital Investment funds for projects specified in this division or the accompanying report that are not obligated by September 30, 2020, to be used for other projects eligible to use the funds for the same purpose.

(Sec. 162) Permits the transfer of prior year appropriations from older accounts to be merged into new accounts with similar, current activities.

(Sec. 163) Prohibits funds provided by this division from being used to enter into a full funding grant agreement for a project with a New Starts share greater than 50%.

(Sec. 164) Prohibits the use of funds for a new light or heavy rail project for the Metropolitan Transit Authority of Harris County, Texas if the project is constructed at a specified location in Houston, Texas unless the voters approve a ballot proposition specifying the location and the project meets specified criteria.

(Sec. 165) Rescinds specified unobligated balances from funds provided for the bus and bus facilities and new fixed guideway capital projects programs and the job access and reverse commute program.

(Sec. 166) Provides an exemption from the charter bus regulations for portions of the state of Washington.

Provides appropriations to the Saint Lawrence Seaway Development Corporation for Operations and Maintenance.

Provides appropriations for the Maritime Administration (MARAD) for:

  • the Maritime Security Program,
  • Operations and Training,
  • Assistance to Small Shipyards,
  • Ship Disposal, and
  • The Maritime Guaranteed Loan (Title XI) Program Account.

(Sec. 170) Permits MARAD to furnish utilities and services and make repairs in connection with any lease, contract, or occupancy involving government property under the control of MARAD. Permits payments received to be credited to the appropriations account charged with the cost and requires rental payments to be deposited into the Treasury.

(Sec. 171) Prohibits DOT or MARAD from using funds provided by this division for fee-for-service contracts for vessel disposal, scrapping, or recycling, unless there is no qualified domestic ship recycler that will pay any sum to purchase and scrap or recycle a vessel owned, operated or managed by MARAD or that is part of the National Defense Reserve Fleet.

Provides appropriations to the Pipeline and Hazardous Materials Safety Administration for:

  • Operational Expenses,
  • Hazardous Materials Safety,
  • Pipeline Safety, and
  • Emergency Preparedness Grants.

Provides appropriations to the Office of Inspector General and the Surface Transportation Board.

(Sec. 180) Permits DOT to use funds for maintenance and operation of aircraft, hire of passenger motor vehicles and aircraft, insurance for motor vehicles operating in foreign countries, and uniforms.

(Sec. 181) Permits fund provided by this division to be used for the employment of temporary or intermittent experts and consultants if the rates do not exceed the rate for an Executive Level IV.

(Sec. 182) Prohibits: (1) funds provided by this division from being used for more than 110 DOT presidential or political appointees, and (2) any of the appointees from being assigned on temporary detail outside of DOT.

(Sec. 183) Prohibits recipients of funds provided by this division from releasing certain personal information and photographs from a driver's license or motor vehicle record without the consent of the affected individual. Prohibits DOT from withholding funds if a state is not in compliance with this provision.

(Sec. 184) Permits funds received by specified DOT agencies from states or other private or public sources for training expenses to be credited to specified agency accounts.

(Sec. 185) Prohibits funds provided by this division from being used for certain loans, loan guarantees, lines of credit, or grants unless DOT notifies Congress prior to announcing competitively selected projects.

Requires DOT to provide concurrent notification to Congress regarding any ''quick release'' of funds from the FHWA's Emergency Relief Program. (The program provides funding for the repair or reconstruction of federal-aid highways and roads on federal lands which have suffered serious damage as a result of natural disasters or catastrophic failures from an external cause.)

(Sec. 186) Permits funds received by DOT from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources to be credited to DOT appropriations and allocated to elements of DOT using fair and equitable criteria.

(Sec. 187) Permits DOT to use amounts recovered from improper payments to a third party contractor for expenses incurred in the recovery.

(Sec. 188) Requires reprogramming action notifications to be transmitted to and approved or denied solely by the House and Senate Committees on Appropriations.

(Sec. 189) Limits Surface Transportation Board fees for the filing of rate or practice complaints.

(Sec. 190) Permits funds provided by this division for modal administrations to be obligated to the Office of the Secretary for assessments or reimbursable agreements only if the funds provide a direct benefit to the modal administrations.

(Sec. 191) Permits DOT to set uniform standards for transit benefits for agency transit passes and transit benefits.

(Sec. 192) Prohibits the use of funds for any geographic, economic, or other hiring preference not otherwise authorized by law, unless certain requirements are met related to availability of local labor, displacement of existing employees, and delays in transportation plans.

Department of Housing and Urban Development Appropriations Act, 2016

TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Provides FY2016 appropriations for the Department of Housing and Urban Development (HUD).

Provides appropriations for Management and Administration, including for Executive Offices and Administrative Support Offices.

Provides appropriations for Program Office Salaries and Expenses, including:

  • Public and Indian Housing,
  • Community Planning and Development,
  • Housing,
  • Policy Development and Research,
  • Fair Housing and Equal Opportunity,
  • the Office of Lead Hazard Control and Healthy Homes, and
  • the Working Capital Fund.

Provides appropriations for Public and Indian Housing Programs, including:

  • Tenant-Based Rental Assistance,
  • the Housing Certificate Fund,
  • the Public Housing Capital Fund,
  • the Public Housing Operating Fund,
  • the Choice Neighborhoods Initiative,
  • the Family Self-Sufficiency program,
  • Native American Housing Block Grants, and
  • the Indian Housing Loan Guarantee Fund Program Account.

Provides appropriations for Community Planning and Development, including:

  • Housing Opportunities for Persons with AIDS,
  • the Community Development Fund,
  • the Community Development Loan Guarantees Program Account,
  • the Home Investment Partnerships Program,
  • the Self-Help and Assisted Home Ownership Opportunity Program, and
  • Homeless Assistance Grants.

Provides appropriations for Housing Programs, including:

  • Project-Based Rental Assistance,
  • Housing for the Elderly,
  • Housing for Persons with Disabilities,
  • Housing Counseling Assistance,
  • Rental Housing Assistance, and
  • Payment to the Manufactured Housing Fees Trust Fund.

Provides appropriations and establishes limits on loan commitments for the Federal Housing Administration (FHA), which includes the Mutual Mortgage Insurance Program Account and the General and Special Risk Program Account.

Provides appropriation and establishes limits on loan commitments for the Government National Mortgage Association (Ginnie Mae).

Provides appropriations for Policy Development and Research for Research and Technology.

Provides appropriations for Fair Housing and Equal Opportunity for Fair Housing Activities.

Provides appropriations to the Office of Lead Hazard Control and Healthy Homes, the Information Technology Fund, and the Office of Inspector General.

(Sec. 201) Requires 50% of overpayments due to refinancing of state projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to be rescinded or, in the case of cash, remitted to the Treasury. Permits HUD to use up to 15% of the overpayments to provide project owners with incentives to refinance projects at lower interest rates.

(Sec. 202) Prohibits funds provided by this division from being used to investigate or prosecute under the Fair Housing Act any lawful activities, including the filing or maintaining of a nonfrivolous legal action to achieve or prevent action by a government entity or a court.

(Sec. 203) Extends formula modifications for distributing Housing Opportunities for Persons With Aids (HOPWA) funds for certain jurisdictions in New York, New Jersey, and North Carolina.

(Sec. 204) Requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with the Department of Housing and Urban Development Reform Act of 1989.

(Sec. 205) Permits specified funds to be used, without regard to limitations on administrative expenses, for: (1) legal services; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Ginnie Mae, the Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act.

(Sec. 206) Prohibits HUD appropriations from being used for any program, project, or activity in excess of amounts included in the budget estimates submitted to Congress, unless otherwise provided by this division or through reprogramming.

(Sec. 207) Permits HUD corporations and agencies subject to the Government Corporation Control Act to utilize funds and make contracts and commitments, without regard to fiscal year limitations and subject to specified restrictions, to implement the FY2016 budget.

(Sec. 208) Requires HUD to provide quarterly reports to Congress regarding uncommitted, unobligated, recaptured, and excess funds for each program and activity.

(Sec. 209) Requires the President's budget request and HUD's congressional budget justifications to use the same account structure included in this division.

(Sec. 210) Provides that a public housing agency (PHA) or other entity that administers federal housing assistance for the Housing Authority of the county of Los Angeles, California; or Alaska, Iowa, or Mississippi is not required to include public housing residents or recipients of section 8 rental assistance (under the United States Housing Act of 1937) on the governing board.

Requires each PHA or entity that does not include these individuals on its board to establish an advisory board of at least six residents of public housing or recipients of section 8 assistance to provide advice on issues related to public housing and section 8.

(Sec. 211) Exempts Ginnie Mae from certain requirements of the Federal Credit Reform Act of 1990.

(Sec. 212) Permits HUD to transfer project-based assistance, debt, and use restrictions associated with a multifamily housing project from an obsolete or economically nonviable project to a viable project, subject to specified conditions.

(Sec. 213) Sets forth eligibility requirements for Section 8 housing assistance vouchers.

(Sec. 214) Requires Native American Housing Block Grant funds to be distributed to the same Native Alaskans that received funds in FY2005.

(Sec. 215) Permits HUD to insure home equity conversion mortgages (HECMs or reverse mortgages) for elderly homeowners through FY2016, notwithstanding limitations on insurance authority included in the National Housing Act.

(Sec. 216) Requires HUD, in managing and disposing of any multifamily property that is owned or held by HUD, and during foreclosure on property with a contract for section 8 rental assistance payments or other federal programs, to maintain rental assistance payments attached to any dwelling units in the property. Permits HUD, if a property is not feasible for continued payments based on specified cost or environmental considerations, to: (1) contract with owners of other existing properties for project-based rental assistance payments, or (2) provide other rental assistance.

(Sec. 217) Permits the use of Community Development Loan Guarantee funds to guarantee notes or other obligations issued by any state on behalf of its non-entitlement communities.

(Sec. 218) Permits certain public housing agencies that own and operate 400 or fewer public housing units to elect to be exempt from asset management requirements imposed by HUD in connection with the operating fund rule.

(Sec. 219) Prohibits HUD from using public housing funds to impose any requirement or guideline relating to asset management that restricts or limits the use of capital funds for central office costs, up to the limits established in the Quality Housing and Work Responsibility Act of 1998.

(Sec. 220) Prohibits the designation of a HUD official or employee as an allotment holder unless the Chief Financial Officer has determined that the employee has: (1) implemented an adequate system of funds control, and (2) received training in funds control procedures and directives.

(Sec. 221) Requires HUD to publish all Notices of Funding Availability for FY2016 and subsequent years on the Internet.

(Sec. 222) Requires HUD to: (1) pay attorney fees in program-related litigation from the individual program office and Office of General Counsel salaries and expenses appropriations, (2) include projected litigation costs for attorney fees as a separate line item in the budget request, and (3) submit a spending plan for review and approval by Congress prior to using any funds provided by this title for attorney fees.

(Sec. 223) Sets forth requirements for transferring and reprogramming funds within specified HUD Administrative Support Office and Program Office Salaries and Expenses accounts.

(Sec. 224) Provides that the HUD-administered Disaster Housing Assistance Program is a HUD program under the McKinney Act for income verification and matching purposes.

(Sec. 225) Requires HUD to take specified actions against owners receiving rental subsidies that do not maintain safe properties based on specified Real Estate Assessment Center (REAC) scores.

(Sec. 226) Limits salaries and bonuses for public housing agency officials and employees.

(Sec. 227) Prohibits funds provided by this division from being used for the HUD doctoral dissertation research grant program.

(Sec. 228) Amends the United States Housing Act of 1937 to extend the HOPE VI program through FY2016. (The program provides funds to renovate or demolish existing public housing and replace it with mixed-income housing.)

(Sec. 229) Requires HUD to notify Congress prior to announcing the recipients of grant awards.

(Sec. 230) Prohibits funds provided by this division from being used to require or enforce the Physical Needs Assessment (PNA).

(Sec. 231) Prohibits funds provided by this division or receipts collected under FHA programs from being used to implement the Homeowners Armed with Knowledge (HAWK) program.

(Sec. 232) Prohibits the FHA, Ginnie Mae, or HUD from using funds provided by this division to finance mortgages for properties that have been subject to eminent domain.

(Sec. 233) Prohibits the use of funds made available by this division to terminate the status of a unit of general local government as a metropolitan city with respect to community development grants under the Housing and Community Development Act of 1974.

(Sec. 234) Permits Office of Policy Development and Research funds for research, evaluation, and statistical purposes that are unexpended at the completion of a contract, grant or cooperative agreement to be deobligated and reobligated for additional research, subject to reprogramming requirements.

(Sec. 235) Amends the Cranston-Gonzalez National Affordable Housing Act to provide that the waiting period for the termination of tenancy under the HOME Investment Partnerships program is not required if the grounds for the termination or refusal to renew involve a direct threat to the safety of the tenants or employees of the housing, or an imminent and serious threat to the property (and the termination or refusal to renew is in accordance with the requirements of state or local law).

(Sec. 236) Prohibits funds provided by this title from being used to pay a bonus to an employee who is subject to administrative discipline, including suspension from work.

(Sec. 237) Amends the Consolidated and Further Continuing Appropriations Act, 2012 to modify the requirements for the Rental Assistance Demonstration.

(Sec. 238) Amends the National Housing Act to permit HUD to establish exceptions to certain minimum property standards in order to address alternative water systems, including cisterns, which meet requirements of state and local building codes that ensure health and safety standards.

(Sec. 239) Modifies the Moving-To-Work program to increase the number of public housing authorities that may participate, extend existing contract terms, and establish a research advisory committee. (Moving to Work is a demonstration program that provides HUD and local public housing authorities flexibility to test alternative policies for providing housing assistance through the Section 8 Housing Choice Voucher program and the public housing program.)

(Sec. 240) Permits HUD to authorize the transfer of existing subsidies and liabilities from obsolete housing for persons with disabilities to housing that complies with specified requirements regarding housing for the disabled.

(Sec. 241) Rescinds specified unobligated balances from HUD programs.

(Sec. 242) Permits HUD to use funds provided for Homeless Assistance Grants to participate in the Performance Partnerships Pilots program on a limited basis.

(Sec. 243) Permits program income to be applied to matching requirements for grants awarded from the Homeless Assistance Grants account for the Continuum of Care program.

(Sec. 244) Modifies grantee compliance requirements for funds provided from the Community Development Fund to rural promise zone jurisdictions and certain other economically distressed communities.

TITLE III--RELATED AGENCIES

Provides FY2016 appropriations to:

  • the Access Board,
  • the Federal Maritime Commission,
  • the Amtrak Office of Inspector General,
  • the National Transportation Safety Board,
  • the Neighborhood Reinvestment Corporation, and
  • the U.S. Interagency Council on Homelessness.

TITLE IV--GENERAL PROVISIONS--THIS ACT

Sets forth permissible, restricted, and prohibited used for funds provided by this and other appropriations Acts.

(Sec. 401) Prohibits funds provided by this division from being used to compensate or pay the expenses of non-federal parties intervening in regulatory or adjudicatory proceedings funded in this division.

(Sec. 402) Prohibits transfers of funds to other appropriations or obligations beyond the current fiscal year, unless expressly permitted in this division.

(Sec. 403) Limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, unless otherwise provided by law.

(Sec. 404) Prohibits the use of funds provided by this division for employee training not specifically related to the performance of official duties.

(Sec. 405) Specifies procedures, restrictions, and reporting requirements for the reprogramming of funds provided by this division.

(Sec. 406) Permits up to 50% of unobligated balances remaining at the end of FY2016 from appropriations for salaries and expenses to remain available through FY2017, subject to congressional approval and reprogramming guidelines.

(Sec. 407) Prohibits funds provided by this division from being used for any project that seeks to use eminent domain unless eminent domain is employed only for a public use.

(Sec. 408) Prohibits the transfer of funds provided by this division to a department, agency, or instrumentality of the U.S. government unless the transfer is pursuant to an appropriations Act.

(Sec. 409) Prohibits the use of funds provided by this division to permanently replace an employee intent on returning to his or her previous occupation after completing military service.

(Sec. 410) Requires expenditures of funds provided by this division to comply with the Buy American Act.

(Sec. 411) Prohibits funds provided by this division from being made available to any person or entity that has been convicted of violating the Buy American Act.

(Sec. 412) Prohibits funds provided by this division from being used to purchase first class or premium airline travel in violation of specified federal travel regulations.

(Sec. 413) Prohibits the use of funds provided by this division to approve a new foreign air carrier permit or exemption application if the approval would contravene U.S. law or specified provisions of the U.S.-E.U.-Iceland-Norway Air Transport Agreement.

(Sec. 414) Prohibits the use of funds provided by this division for the attendance of more than 50 U.S.-stationed employees at any single conference outside the United States unless Congress is notified in advance that attendance is important to the national interest.

(Sec. 415) Prohibits the FTA from using funds provided by this division for regulations that prohibit statutorily or administratively imposed state or local geographic preferences in the evaluation of bids or proposals for construction hiring purposes, except where applicable federal statutes expressly mandate or encourage geographic preferences.

(Sec. 416) Prohibits funds provided by this division from being used in contravention of the Fifth or Fourteenth Amendments of the U.S. Constitution or title VI of the Civil Rights Act of 1964 (prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance).

(Sec. 417) Prohibits funds provided by this division from being used to purchase new light-duty vehicles for an executive fleet or an agency's fleet inventory, except in accordance with Presidential Memorandum- Federal Fleet Performance, which establishes requirements for purchasing alternative fueled vehicles.

(Sec. 418) Prohibits funds provided by this division from being used in contravention of HUD regulations restricting assistance to noncitizens.

(Sec. 419) Prohibits funds provided by this division from being use to provide assistance in contravention of provisions of the Housing and Community Development Act of 1980 requiring individuals to provide details regarding citizenship or immigration status to receive financial assistance.

(Sec. 420) Provides additional funds for the Community Planning and Development--Community Development Fund for communities that experienced a disaster in 2015.

(Sec. 421) Amends the Fixing America's Surface Transportation Act to apply the emergency relief federal cost share methodology in effect at the time of the disaster.

DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016

This division authorizes FY2016 appropriations for:

  • intelligence activities of elements of the federal government,
  • the Intelligence Community Management Account, and
  • the Central Intelligence Agency Retirement and Disability Fund.

An enhanced security review program must be implemented for employees or contractors eligible to access classified information or hold a sensitive position at certain agencies.

This division also requires designation of an official to manage intelligence regarding the tactical use of tunnels by state and nonstate actors, an internal reporting process for tracking requests for country clearance submitted to overseas DNI representatives by U.S. agencies, and a policy review strategy for acquiring national security satellite systems and architectures.

The National Counterintelligence Executive, who is currently appointed by the DNI, must now be appointed by the President.

Inspectors general of the CIA or the intelligence community may request information or assistance from state or local governmental agencies.

The DNI must: (1) notify Congress if the Russian Federation has deployed, or is about to deploy, the Club-K container missile system through the Russian military; and (2) assess intelligence collection efforts with regard to the South and East China Seas.

The State Department must ensure that key supervisory positions at U.S. diplomatic facilities in Cuba are occupied by U.S. citizens.

The President must submit a counterterrorism strategy that defines the defeat of the Islamic State or core al-Qa'ida. The division also prohibits detainees held in Guantanamo Bay, Cuba, from being transferred or released to certain countries and requires a report on the data breach of the OPM disclosed in June 2015.

Intelligence Authorization Act for Fiscal Year 2016

TITLE I--INTELLIGENCE ACTIVITIES

(Sec. 101) Authorizes FY2016 appropriations for the conduct of intelligence and intelligence-related activities of:

  • the Office of the Director of National Intelligence (DNI);
  • the Central Intelligence Agency (CIA);
  • the Department of Defense (DOD);
  • the Defense Intelligence Agency;
  • the National Security Agency;
  • the Departments of the Army, Navy, and Air Force;
  • the Coast Guard;
  • the Departments of State, the Treasury, Energy (DOE), and Justice;
  • the Federal Bureau of Investigation (FBI);
  • the Drug Enforcement Administration;
  • the National Reconnaissance Office;
  • the National Geospatial-Intelligence Agency; and
  • the Department of Homeland Security (DHS).

(Sec. 102) Declares that the amounts authorized and the authorized personnel ceilings as of September 30, 2016, for such activities are those in the classified Schedule of Authorizations, which shall be made available to the congressional appropriations committees and the President.

(Sec. 103) Allows the DNI, if it provides prior notification to Congress, to authorize employment of civilian personnel in excess of the number authorized for FY2016 when necessary for the performance of important intelligence functions.

Requires the DNI to establish guidelines to govern the treatment under such authorized personnel levels of employment or assignment in: (1) a student or trainee program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long-term, full-time training.

(Sec. 104) Authorizes FY2016 appropriations for the Intelligence Community Management Account. Requires funds identified in the classified schedule for advanced research and development to remain available until September 30, 2017.

(Sec. 105) Amends the National Security Act of 1947 to allow DOE, DHS, the State Department, or Treasury to appoint individuals to certain excepted service positions that the DNI determines are necessary to carry out intelligence functions.

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

(Sec. 201) Authorizes FY2016 appropriations for the Central Intelligence Agency Retirement and Disability Fund.

TITLE III--GENERAL PROVISIONS

(Sec. 301) Allows appropriations authorized by this division for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as necessary for increases in such compensation or benefits authorized by law.

(Sec. 302) Prohibits the authorization of appropriations by this division from being deemed to constitute authority to conduct any intelligence activity not otherwise authorized by the Constitution or U.S. laws.

(Sec. 303) Permits the intelligence community's inspector general to request information or assistance from state or local governmental agencies, subject to the concurrence of the DNI. Includes such inspector general within the Council of the Inspectors General on Integrity and Efficiency.

(Sec. 305) Prohibits the Intelligence Reform and Terrorism Prevention Act of 2004 from being construed to authorize the Privacy and Civil Liberties Oversight Board to gain access to information regarding activities that the President determines may be authorized as covert actions to support identifiable U.S. foreign policy objectives that are important to national security.

(Sec. 306) Requires the DNI to direct specified executive agencies, military departments, and elements of the intelligence community to implement a program to provide enhanced security review of agency employees or contractors who have been determined eligible to access classified information or hold a sensitive position. Requires such programs to integrate information from government, publicly available, and commercial data sources, consumer reporting agencies, and social media.

Allows information obtained from such sources to include: (1) security or counterintelligence information about the individual or information that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, change in ideology, or a lack of good judgment, reliability, or trustworthiness; and (2) data maintained on any terrorist or criminal watch list maintained by any agency, state or local government, or international organization.

Requires automated record checks under the enhanced program to be conducted at least twice every five years to ensure continued eligibility of agency employees and contractors. Requires the DNI to implement a plan to eliminate the backlog of overdue periodic reinvestigations of such individuals under the Intelligence Reform and Terrorism Prevention Act of 2004.

(Sec. 307) Directs the DNI to: (1) notify Congress within 15 days after learning that an electronic communication service provider that generates call detail records in the ordinary course of business has changed its retention policy to a period of less than 18 months, and (2) identify each electronic communication service provider that has a policy to retain such records for 18 months or less.

(Sec. 308) Requires the DNI to issue a directive containing a written policy for the timely notification to Congress of the identities of individuals occupying senior level positions within the intelligence community.

(Sec. 309) Directs the DNI to designate an official to manage intelligence regarding the tactical use of tunnels by state and nonstate actors. Requires the DNI, within 10 months after enactment of this Act and biennially thereafter until four years after enactment of this Act, to report to Congress regarding: (1) trends in the use of tunnels by foreign state and nonstate actors, and (2) collaboration between the United States and partner countries to address the use of tunnels by adversaries.

(Sec. 310) Requires the DNI to establish a formal internal reporting process for tracking requests for country clearance submitted to overseas DNI representatives by U.S. agencies.

(Sec. 311) Directs the DNI to evaluate duplication in finished intelligence analysis products and submit a plan for revising standards to ensure customers are able to identify differences among intelligence products on similar topics that are produced contemporaneously.

(Sec. 312) Directs the DNI to collaborate with DOD and the Joint Chiefs of Staff to develop and report to Congress on a strategy for a comprehensive interagency review of policies for planning and acquiring national security satellite systems and architectures, including the capabilities of commercial systems and partner countries, consistent with the National Space Policy issued on June 28, 2010. Requires the strategy to ensure that the U.S. national security overhead satellite architecture: (1) aims to produce satellite systems in less than five years that can leverage common, standardized design elements and commercially available technologies; (2) is open to distributed, disaggregated architectures that allow for better resiliency, reconstitution, replenishment, and rapid technological refresh; and (3) emphasizes deterrence and the importance of offensive and defensive space control capabilities.

(Sec. 313) Requires the DNI to study and report to Congress regarding appropriate standards to measure the damage of cyber incidents for purposes of determining the response to such incidents, including a method to quantify damage to affected computers, systems, and devices.

TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

Subtitle A--Office of the Director of National Intelligence

(Sec. 401) Requires the National Counterintelligence Executive to be appointed by the President with the advice and consent of the Senate. (Currently, the DNI appoints such executive.)

(Sec. 402) Excludes the Office of the DNI from certain position classification, pay, and allowances provisions relating to General Schedule employees.

(Sec. 403) Requires the DNI to: (1) assign the Chief of the Analytic Integrity and Standards Group to review finished CIA-produced intelligence products to assess whether the CIA's reorganization has resulted in any loss of analytic objectivity, and (2) submit review results to Congress.

Subtitle B--Central Intelligence Agency and Other Elements

(Sec. 411) Authorizes the CIA inspector general to request information or assistance from state or local governmental agencies.

(Sec. 412) Prohibits funds authorized to be appropriated by this division or made available for the intelligence community for FY2016 from being used to initiate a transfer of funds from the Joint Improvised Explosive Device Defeat Fund or the Counterterrorism Partnerships Fund for intelligence activities unless the DNI or DOD: (1) notifies Congress at least 15 days in advance, or (2) waives such prohibition in an emergency situation and notifies Congress within 48 hours after initiation of the program or transfer.

TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES

Subtitle A--Matters Relating to Russia

(Sec. 501) Requires the DNI to: (1) notify Congress if the intelligence community receives intelligence that the Russian Federation has deployed, or is about to deploy, the Club-K container missile system through the Russian military or has transferred or sold, or intends to transfer or sell, such system to another state or nonstate actor; and (2) update Congress regarding any intelligence community engagement with a foreign partner on such a deployment and the impacts of a deployment to any potentially impacted nation.

(Sec. 502) Directs the DNI to submit to Congress assessments of: (1) the funding of political parties and nongovernmental organizations in former Soviet states and countries in Europe by the Russian Security Services since January 1, 2006; and (2) the use of political assassinations as a form of statecraft by the Russian Federation since January 1, 2000.

Subtitle B--Matters Relating to Other Countries

(Sec. 511) Directs the DNI to submit to Congress an assessment of the resources used for intelligence collection efforts with regard to the South and East China Seas. Requires the assessment to describe lead agencies, key partners, purposes of collection activity, annual funding and personnel, prioritization and coordination of collection activities, and resourcing gaps.

(Sec. 512) Requires the State Department to ensure that key supervisory positions at U.S. diplomatic facilities in Cuba are occupied by U.S. citizens.

(Sec. 513) Requires U.S. diplomatic facilities in Cuba in which classified information will be processed or in which classified communications occur, that are constructed or undergo a major upgrade after the enactment of this Act, to include a sensitive compartmented information facility. Allows the State Department to waive such requirement in the interest of national security if it submits a justification to Congress before exercising such waiver.

(Sec. 514) Directs the DNI to submit reports to Congress regarding: (1) the monetary value of any sanctions relief that Iran has received since the Joint Plan of Action first entered into effect; (2) Iran's use of such funds, including to support international terrorism or the Bashar al-Assad regime in Syria, to advance nuclear weapons or ballistic missile efforts, or to commit any violation of the human rights of the people of Iran; and (3) the extent to which senior Iranian officials have diverted sanctions relief funds for their personal use.

TITLE VI--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA

(Sec. 601) Prohibits funds authorized to be appropriated or otherwise made available to an element of the intelligence community from being used through December 31, 2016, to:

  • transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or a member of the U.S. Armed Forces and who is or was held on or after January 20, 2009, at the U.S. Naval Station, Guantanamo Bay, Cuba, by DOD;
  • construct or modify any facility in the United States, its territories, or possessions (except at the U.S. Naval Station in Guantanamo) to house an individual located at Guantanamo, as of October 1, 2009, who is not a U.S. citizen or member of the U.S. Armed Forces and is in DOD custody or control or who is otherwise detained at Guantanamo, unless authorized by Congress; or
  • transfer or release a Guantanamo detainee in DOD custody or control to the custody or control of Libya, Somalia, Syria, or Yemen or any entity within such countries.

TITLE VII--REPORTS AND OTHER MATTERS

Subtitle A--Reports

(Sec. 701) Repeals certain reporting requirements, including:

  • the President's quadrennial audit and report on the manner in which the executive branch determines whether a security clearance is required for a particular government position,
  • the President's annual report on espionage by China,
  • DNI reports on outside employment by officers and employees of the intelligence community and on nuclear aspirations of nonstate entities,
  • FBI reports on the roles of FBI analysts, and
  • National Counterintelligence Policy Board reports on the security vulnerabilities of computers at national security laboratories.

(Sec. 702) Directs the DNI to report to Congress every 60 days for three years after enactment of this Act regarding foreign fighter flows to and from Syria and Iraq.

Requires the DNI to submit a report regarding foreign fighter travel to and from Iraq and Syria that addresses the challenges impeding intelligence sharing relationships between the United States and member states of the European Union and of the North Atlantic Treaty Organization.

(Sec. 703) Expresses the sense of Congress that the intelligence community should dedicate necessary resources to defeating the revenue mechanisms of the Islamic State. Directs the DNI to report on the strategy, efforts, and resources necessary to detect, deter, and degrade those revenue mechanisms.

(Sec. 704) Directs the President to transmit to Congress a comprehensive report on the U.S. counterterrorism strategy to disrupt, dismantle, and defeat the Islamic State, al-Qa'ida, and their affiliated groups, associated groups, and adherents. Requires the report to assess: (1) the relationships between such groups and their strengthening or weakening from January 1, 2010, to the present; (2) whether an individual who is not located in Afghanistan or Pakistan can be a member of core al-Qa'ida; (3) whether an individual can be a member of core al-Qa'ida as well as a member of an al-Qa'ida affiliated group, associated group, or adherent; (4) coordination, command, and control between the Islamic State or core al-Qa'ida and such groups and adherents; and (5) the effectiveness of counterterrorism operations.

Requires the report to define "defeat of the Islamic State or core al-Qa'ida."

(Sec. 705) Directs the President to transmit to Congress within 120 days after enactment of this Act a report regarding the data breach of the Office of Personnel Management (OPM) disclosed in June 2015. Requires the report to address: (1) any effects on the operations of the intelligence community abroad and on each element of the intelligence community; (2) an assessment of how foreign persons, groups, or countries may use the collected data, particularly information included in background investigations for security clearances; and (3) an assessment of which federal agencies use the best practices to protect sensitive data, including a summary of any such best practices that were not used by the OPM.

Directs the DNI to provide Congress an interim briefing on such report, including a discussion of proposals and options for responding to cyber attacks.

(Sec. 706) Requires the DNI , in coordination with the National Science Foundation, to report to Congress regarding the employment by the intelligence community of graduates of the Cyber Corps Scholarship Program.

(Sec. 707) Directs the DNI to report to Congress regarding the representation of certain minority-owned, women-owned, small disadvantaged, service-disabled veteran-owned, or veteran-owned businesses among the contractors awarded contracts by elements of the intelligence community.

Subtitle B--Other Matters

(Sec. 711) Requires the Federal Emergency Management Agency (FEMA) to permit grant recipients under the Urban Area Security Initiative or the State Homeland Security Grant Program to work in conjunction with DOE's national laboratories when grant funds are used to achieve target preparedness capabilities for federal, state, local, and tribal governments to respond to acts of terrorism under guidelines required by the Post-Katrina Emergency Management Reform Act of 2006.

(Sec. 712) Includes certain Hispanic-serving and Asian American and Native American Pacific Islander-serving institutions of higher education among the minority-serving institutions eligible for DNI grants to provide programs of study for individuals to learn advanced foreign languages, study abroad, or develop other skills that meet the needs of the intelligence community.

DIVISION N--CYBERSECURITY ACT OF 2015

This division requires the federal government to share cybersecurity information with private, nonfederal, and federal entities. Private entities may operate defensive measures on: (1) their own information systems; or (2) with consent, the information systems of other private or government entities.

In exchange for liability protections, private entities may also: (1) monitor information systems, or (2) share or receive cyber threat indicators or defensive measures with other private or government entities.

A sharing capability must be developed within DHS to: (1) receive cybersecurity information from private and nonfederal government entities, and (2) ensure that appropriate federal entities receive shared information in an automated, real-time manner. The President may designate other appropriate federal entities to implement such capabilities in addition to DHS.

The government may use shared information for certain cybersecurity purposes or to respond to, investigate, or prosecute a limited set of crimes, serious threats to a minor, or specific threats.

DHS may: (1) issue emergency directives to agencies in response to substantial information security threats, vulnerabilities, or incidents; or (2) authorize intrusion detection and prevention capabilities on agency systems in the case of imminent threats.

The division expands responsibilities of the national cybersecurity and communications integration center.

The division also requires:

  • federal agencies to identify cybersecurity skill shortages in federal workforce positions,
  • the State Department to develop a diplomacy strategy to obtain agreements on international behavior in cyberspace, and
  • HHS to convene a task force to plan information sharing between the federal government and health care industry stakeholders.

Criminal penalties for fraud involving account access devices may be imposed regardless of whether the underlying articles, property, or proceeds are held within, or have transferred through, U.S. jurisdiction.

Cybersecurity Act of 2015

TITLE I--CYBERSECURITY INFORMATION SHARING

Cybersecurity Information Sharing Act of 2015

(Sec. 103) This title requires the Director of National Intelligence (DNI) and the Departments of Homeland Security (DHS), Defense (DOD), and Justice (DOJ) to issue procedures that promote the sharing of: (1) classified cyber threat indicators and defensive measures in possession of the federal government with relevant federal entities and nonfederal entities that have security clearances; (2) declassified cyber threat indicators, defensive measures, and information relating to cybersecurity threats or authorized uses of such information with relevant federal and nonfederal entities; (3) unclassified indicators with the public; (4) cybersecurity threat or authorized use information with entities under such threats; and (5) cybersecurity best practices with attention to the challenges faced by small businesses.

A "defensive measure" is an action, device, procedure, signature, technique, or other measure applied to an information system or information that is stored on or processed by, or that is transiting, an information system that detects, prevents, or mitigates a known or suspected cybersecurity threat or security vulnerability. Defensive measures do not include measures that destroy, render unusable, provide unauthorized access to, or substantially harm an information system or information stored on, processed by, or transiting such information system not owned by: (1) the private entity operating the measure, or (2) another entity that is authorized to provide, and has provided, consent to that private entity for operation of such measure.

The term: (1) "nonfederal entity" includes private entities, nonfederal government agencies, or state, tribal, or local governments; and (2) "private entity" includes state, tribal, or local governments performing electric, natural gas, water, or other utility services. Both terms exclude foreign powers under the Foreign Intelligence Surveillance Act of 1978.

Such procedures must incorporate sector-specific information sharing and analysis centers and include a process for timely notifications to: (1) recipients of threat indicators or defensive measures from federal entities when the federal government has shared indicators in error or in contravention of law, and (2) U.S. persons whose personal information has been shared by the federal government in violation of this title. The DNI must submit such procedures to Congress within 60 days after enactment of this Act.

(Sec. 104) To detect, prevent, or mitigate cybersecurity threats or security vulnerabilities, private entities may monitor and operate defensive measures on: (1) their own information systems; and (2) with authorization and written consent, the information systems of other private or government entities.

Nonfederal entities may share and receive indicators and defensive measures with other entities or the federal government for a cybersecurity purpose. Recipients must comply with lawful restrictions that sharing entities place on the sharing or use of shared indicators or defensive measures.

The federal government and entities monitoring, operating, or sharing indicators or defensive measures must: (1) utilize security controls to protect against unauthorized access or acquisitions; and (2) remove information not directly related to a cybersecurity threat that is known to be personal information of, or information that identifies, a specific individual.

This title exempts from antitrust laws private entities that, for cybersecurity purposes, exchange or provide: (1) cyber threat indicators or defensive measures; or (2) assistance relating to the prevention, investigation, or mitigation of cybersecurity threats. The exemption is inapplicable to price-fixing, allocating a market between competitors, monopolizing or attempting to monopolize a market, boycotting, or exchanges of price or cost information, customer lists, or information regarding future competitive planning.

(Sec. 105) DOJ and DHS must issue procedures relating to the receipt of indicators and defensive measures by the federal government. The procedures must include automated real-time sharing procedures, an audit capability, and appropriate sanctions for federal officers, employees, or agents who conduct unauthorized activities.

DOJ and DHS must also develop, and make publicly available, guidelines to assist entities in sharing indicators with the federal government, including guidance for identifying cyber threat indicators that would be unlikely to include personal information not directly related to a threat.

DOJ and DHS must issue, and review at least every two years, privacy and civil liberties guidelines to limit receipt, retention, use, and dissemination of personal or identifying information. The guidelines must include steps to make dissemination of cyber threat indicators consistent with the protection of classified and other sensitive national security information.

DHS must develop a process within DHS for the federal government to: (1) accept cyber threat indicators and defensive measures from any nonfederal entity in real time, and (2) ensure that DOD, DHS, DOJ, the DNI, and the Departments of Commerce, Energy, and the Treasury receive the shared indicators and defensive measures in an automated manner through that real-time process.

The DHS capability must be the process by which the federal government receives indicators and defensive measures under this title that are shared by a nonfederal entity with the federal government through electronic mail or media, an interactive Internet website form, or a real-time, automated process between information systems, except: (1) communications between a federal entity and a nonfederal entity regarding a previously shared cyber threat indicator to describe the relevant cybersecurity threat or develop a defensive measure based on such indicator, and (2) a regulated nonfederal entity's communications with its federal regulatory authority regarding a cybersecurity threat.

DHS's process is prohibited from limiting lawful disclosures to: (1) report known or suspected criminal activity, including indicators or defensive measures shared with a federal entity in furtherance of opening a federal law enforcement investigation; (2) participate in a federal investigation voluntarily or upon being legally compelled; or (3) provide indicators or defensive measures as part of a statutory or authorized contractual requirement.

Within 90 days after enactment of this Act, DHS must submit to Congress a certification as to whether the DHS sharing capability is fully operational.

After DHS submits such a certification, the President may designate DOJ, the DNI, Commerce, Energy, or Treasury to develop a sharing capability in addition to the DHS capability. Before making such a designation, the President must submit a certification to Congress regarding its necessity.

DHS must ensure that there is public notice of, and access to, the DHS sharing procedures.

Cyber threat indicators and defensive measures shared with the federal government and threat indicators shared with state, tribal, or local governments are: (1) deemed voluntarily shared information, and (2) exempt from disclosure and withheld from the public under any laws of such jurisdictions requiring disclosure of information or records.

Consistent with otherwise applicable federal law, indicators and defensive measures provided to the government under this title may be disclosed to, retained by, and used by any federal agency or federal government agent solely for, or may be used by state, tribal, or local governments for:

  • protecting an information system or information that is stored on, processed by, or transiting an information system from a cybersecurity threat or security vulnerability;
  • identifying a cybersecurity threat, including the source, or a security vulnerability;
  • responding to, or otherwise preventing or mitigating, a specific threat of death, serious bodily harm, or serious economic harm, including a terrorist act or a use of a weapon of mass destruction;
  • responding to, investigating, prosecuting, or otherwise preventing or mitigating, a serious threat to a minor, including sexual exploitation and threats to physical safety; or
  • preventing, investigating, disrupting, or prosecuting offenses relating to fraud and identity theft, espionage and censorship, trade secrets, or offenses arising out of a specific threat of death, serious bodily harm, or serious economic harm.

Government agencies may not use shared indicators or defensive measures to regulate the lawful activities of a nonfederal entity or activities taken by a nonfederal entity pursuant to mandatory standards.

(Sec. 106) Liability protections are provided to private entities acting in accordance with this title that: (1) monitor information systems; or (2) share or receive indicators or defensive measures, provided that the manner in which an entity shares such indicators or measures with the federal government is consistent with specified procedures and exceptions set forth under the DHS sharing process.

Nothing in this title may be construed to create a duty to share information or a duty to warn or act based on receipt of such information.

(Sec. 107) The appropriate federal entities must report to Congress concerning the implementation of this title. The report must include:

  • an evaluation of the effectiveness of real-time information sharing,
  • an assessment of whether cyber threat indicators or defensive measures have been properly classified,
  • an accounting of the number of security clearances authorized by the federal government to share indicators or defensive measures with the private sector, and
  • the number of indicators or measures received through the DHS sharing process and a list of federal entity recipients.

Inspectors general of appropriate federal entities must report to Congress at least every two years regarding the executive branch's actions to carry out this title. The reports must include: (1) a review of the federal government's actions based on shared indicators or defensive measures, including an indication of whether sharing occurred in a timely manner and a review of the appropriateness of subsequent uses and disseminations; (2) an assessment of any information not directly related to a cybersecurity threat that is personal information of a specific individual or information identifying a specific individual and that was shared by a nonfederal government entity with the federal government, or that was shared within the federal government; and (3) the number of times shared information was used by a federal entity to prosecute an offense for which the government is authorized to disclose, retain, and use information.

The Government Accountability Office (GAO), within three years after enactment of this Act, must report on the federal government's actions to remove personal information from cyber threat indicators or defensive measures.

(Sec. 108) Nothing in this title shall be construed to permit a federal entity to require a nonfederal entity to provide information to a federal entity or another nonfederal entity.

(Sec. 109) The DNI must report to Congress regarding cybersecurity threats, including cyber attacks, theft, and data breaches. The report must include: (1) an assessment of current U.S. intelligence sharing and cooperation relationships with other countries regarding cybersecurity threats to the U.S. national security interests, economy, and intellectual property; (2) a list of countries and nonstate actors that are primary threats; (3) a description of the U.S. government's response and prevention capabilities; and (4) an assessment of additional technologies that would enhance U.S. capabilities, including private sector technologies that could be rapidly fielded to assist the intelligence community.

(Sec. 110) DOD may authorize the sharing of cyber threat indicators and defensive measures pursuant to this title, notwithstanding military law restrictions on the dissemination of information.

(Sec. 111) The effective period of this title ends on September 30, 2025, but it shall continue in effect for actions authorized or information obtained pursuant to this title before it ceases to have effect.

TITLE II--NATIONAL CYBERSECURITY ADVANCEMENT

Subtitle A--National Cybersecurity and Communications Integration Center

National Cybersecurity Protection Advancement Act of 2015

(Sec. 203) The Homeland Security Act of 2002 is amended to redefine, for purposes of the national cybersecurity and communications integration center (NCCIC): (1) "cybersecurity risk" to exclude actions that solely involve a violation of a consumer term of service or a consumer licensing agreement; and (2) "incident" to include an occurrence that actually or imminently jeopardizes, without lawful authority, an information system, thereby replacing a standard that includes occurrences that constitute a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.

The NCCIC's functions are expanded to include: (1) sharing cyber threat indicators and defensive measures; (2) implementing title I of the Cybersecurity Act of 2015; (3) engaging with international partners to enhance the security and resilience of global cybersecurity; (4) sharing across critical infrastructure sectors and with state and major urban area fusion centers; (5) participating in DHS's national exercises; and (6) facilitating improvements to the security and resiliency of public safety communications.

The NCCIC may include tribal governments, information sharing and analysis centers, and private entities among its nonfederal representatives. The composition of the NCCIC is also expanded to include a collaborator with state and local governments.

The NCCIC must: (1) designate an agency contact for nonfederal entities; (2) safeguard information from unauthorized disclosure; and (3) work with DHS's privacy officer to ensure that the NCCIC follows privacy, civil liberty, and information disclosure procedures required for DHS's sharing capability.

DHS must report annually on its progress in developing capabilities that support automated sharing mechanisms.

The NCCIC may enter a voluntary information sharing relationship with any consenting nonfederal entity, but a nonfederal entity is not required to enter such a relationship with the NCCIC or another entity. The NCCIC may terminate, and DHS may decline to enter, a voluntary information sharing relationship with a nonfederal entity at the sole and unreviewable discretion of the DHS Secretary, acting through the DHS Under Secretary responsible for critical infrastructure protection and cybersecurity, for any reason.

DHS must develop policies for the NCCIC's direct reporting to the DHS Secretary regarding significant cybersecurity risks and incidents.

DHS must report periodically on its efforts to bolster cybersecurity collaboration with relevant international partners.

DHS must: (1) disseminate to the public information about how to voluntarily share cyber threat indicators and defensive measures with the NCCIC, and (2) enhance outreach to critical infrastructure owners and operators for purposes of such sharing.

(Sec. 204) The purpose of information sharing and analysis organizations is expanded to include activities to gather, analyze, and disseminate information about cybersecurity risks and incidents.

(Sec. 205) DHS must update, maintain, and exercise the Cyber Incident Annex to DHS's National Response Framework.

(Sec. 206) DHS must report to Congress regarding the feasibility of creating an environment for the reduction in cybersecurity risks in DHS data centers, including by increasing compartmentalization between systems and providing a mix of security controls between compartments.

(Sec. 207) The GAO must submit, within two years after enactment of this Act, a report that includes an assessment of DHS's implementation of this title and findings regarding increases in information sharing at the NCCIC.

(Sec. 208) DHS must provide information to Congress regarding the feasibility of producing a risk-informed plan to address the risk of multiple simultaneous cyber incidents affecting critical infrastructure, including incidents that may have a cascading effect on other critical infrastructure.

(Sec. 209) DHS must report to Congress with recommendations to mitigate cybersecurity vulnerabilities for the 10 U.S. ports at greatest risk of a cybersecurity incident.

(Sec. 210) Nothing in this subtitle may be construed to grant DHS any authority to promulgate regulations or set standards relating to the cybersecurity of nonfederal entities, not including state, local, and tribal governments, that was not in effect before the enactment of this Act.

(Sec. 211) The reporting requirements in this subtitle terminate seven years after enactment of this Act.

Subtitle B--Federal Cybersecurity Enhancement

Federal Cybersecurity Enhancement Act of 2015

(Sec. 223) This subtitle amends the Homeland Security Act of 2002 to require DHS, in coordination with the Office of Management and Budget (OMB), to implement an intrusion assessment plan to proactively detect, identify, and remove intruders in federal agency information systems on a routine basis.

DHS must deploy, operate, and maintain, for use by other agencies, capabilities to: (1) detect cybersecurity risks in network traffic transiting or traveling to or from an agency information system, and (2) prevent or modify such traffic to remove cybersecurity risks. The DHS Secretary may access, and agency heads may disclose to the Secretary, information transiting agency systems, regardless of the location from which the information is accessed, notwithstanding any laws that would otherwise restrict or prevent such disclosures.

Agencies must utilize such capabilities and adopt subsequent improvements.

DHS must establish a pilot through which it may test and deploy advanced technologies to improve detection and prevention.

DHS must also ensure that: (1) the activities are reasonably necessary to protect agency information and systems from a cybersecurity risk, (2) information accessed by DHS will be retained no longer than reasonably necessary for such purposes, and (3) notice is provided to users of agency information systems concerning access to their communications.

This subtitle provides liability protections to private entities authorized to assist the Secretary with such capabilities. It prohibits the liability protections from being construed to authorize an Internet service provider to break a user agreement with customers without their consent.

DHS's privacy officer, in consultation with DOJ, must review the intrusion detection and prevention system for consistency with privacy laws, including those governing acquisition, interception, retention, use, and disclosure of communications.

The authority for such capabilities expires seven years after enactment of this Act.

DOD, national security systems, and the intelligence community are excluded from procedures of this subtitle.

(Sec. 224) DHS must include advanced network security tools in its efforts to continuously diagnose and mitigate cybersecurity risks to improve visibility of network activity to detect and mitigate intrusions and anomalous activity. The OMB must implement a plan to ensure that agencies utilize such advanced tools.

DHS must collaborate with the OMB to update government information security metrics to include measures of intrusion and incident detection and response times. The OMB must display additional agency metrics on federal government performance websites.

Upon an agency's request, DHS is authorized to operate and maintain technology that is deployed to agencies to diagnose and mitigate against cyber threats and vulnerabilities.

(Sec. 225) DHS must issue binding operational directives to assist the OMB in ensuring timely agency adoption of and compliance with standards for securing agency information systems.

Agencies must: (1) encrypt sensitive and mission critical data or otherwise render such data indecipherable to unauthorized users; (2) implement single sign-on trusted identity platforms for public websites; and (3) implement identity management, including multifactor authentication standards, for remote access to agency systems and user accounts with elevated privileges. Agency information systems are exempted from such cybersecurity requirements if the agency certifies to the OMB and Congress that the agency has taken all steps necessary to secure the agency's systems and that the requirements would be excessively burdensome and unnecessary.

(Sec. 226) The GAO, within three years after enactment of this Act, must report on the effectiveness of the federal government's approach to securing agency information systems.

DHS must report annually to Congress on the implementation status of the intrusion detection and prevention capabilities.

The Federal Chief Information Officer must submit to Congress a report assessing intrusion detection and prevention capabilities, including their costs and benefits and the capabilities of agencies to protect threat indicators and defensive measures if they were shared through unclassified mechanisms for use in commercial technologies and tools.

The OMB must submit to Congress: (1) an annual analysis of agency application of the intrusion detection and prevention capabilities; (2) updated intrusion assessment plans; and (3) annual updates on implementation, assessment findings, agency compliance, utilization of advanced security tools, and security metrics.

(Sec. 227) When authority expires for DHS's federal intrusion detection and prevention capabilities, the reporting requirements concerning such capabilities shall also expire.

(Sec. 228) The DNI and the OMB must submit to Congress an assessment of: (1) the risks that would result from the breach of unclassified information systems that provide access to information that may enable an adversary to derive information that would otherwise be considered classified, and (2) the cost and impact on the mission carried out by each agency if such systems were subsequently designated as national security systems.

(Sec. 229) The DHS Secretary may issue an emergency directive to an agency to take any lawful action with respect to the operation of the agency's information system in response to a known or reasonably suspected information security threat, vulnerability, or incident that represents a substantial threat to information security. DHS must report annually to Congress regarding the specific actions taken pursuant to such directive.

The Secretary may also authorize the use of intrusion detection and prevention capabilities to ensure the security of agency information systems if the Secretary: (1) determines that there is an imminent threat to such systems, that operational or emergency directives are unlikely to be timely, and that the risk outweighs any adverse consequences; (2) provides prior notice to the OMB and the chief information officers of the affected agencies and notice to Congress within seven days of taking an action; and (3) authorizes the use of protective capabilities under procedures established in coordination with the OMB.

The Secretary may direct or authorize such lawful action or the use of intrusion detection and prevention capabilities only: (1) to protect agency information from unauthorized access, use, disclosure, disruption, modification, or destruction; or (2) to require the remediation of, or to protect against, identified information security risks for information collected or maintained by or on behalf of an agency or that portion of an information system used or operated by an agency or by a contractor or other organization on behalf of an agency.

The OMB and DHS must report to Congress annually regarding specific actions they have taken to enforce agency compliance and accountability.

TITLE III--FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT

Federal Cybersecurity Workforce Assessment Act of 2015

(Sec. 303) This title requires federal agencies to: (1) identify all personnel positions that require the performance of cybersecurity or other cyber-related functions, and (2) assign a corresponding employment code to such positions using a coding structure developed by the Office of Personnel Management (OPM) under the National Initiative for Cybersecurity Education.

To implement the coding structure: (1) the OPM must coordinate with DHS, the National Institute of Standards and Technology (NIST), and the DNI to establish procedures to identify such federal civilian positions, and (2) DOD must establish procedures to identify such federal noncivilian positions.

Federal agencies must submit to Congress a report identifying: (1) the percentage of personnel with such job functions who currently hold industry-recognized certifications, (2) the preparedness of other civilian and noncivilian cyber personnel without existing credentials to take certification exams, and (3) a strategy for mitigating any identified gaps with training and certification for existing personnel.

The agencies must establish procedures to identify all encumbered and vacant positions with such functions and assign the appropriate employment code to each position.

(Sec. 304) Annually through 2022, the agencies must submit a report to the OPM that identifies cyber-related roles designated as critical needs in the agency's workforce. The OPM must provide agencies with guidance for identifying work roles with acute and emerging skill shortages.

The OPM, within two years after enactment of this Act, must identify critical needs for the cyber workforce across all federal agencies and report to Congress regarding the implementation of this Act.

(Sec. 305) The GAO must report on the status of the implementation of this title within three years after enactment of this Act.

TITLE IV--OTHER CYBER MATTERS

(Sec. 401) DHS must report to Congress on threats relating to the security of the mobile devices of the federal government, including a plan for accelerated adoption of secure mobile device technology by DHS.

(Sec. 402) The Department of State shall produce a comprehensive strategy relating to U.S. international cyberspace policy. The strategy must include:

  • a review of activities undertaken to support the goal of the President's International Strategy for Cyberspace;
  • a plan to guide the diplomacy of the State Department to obtain agreements on the norms of responsible international behavior in cyberspace;
  • a review of alternative concepts with regard to international norms in cyberspace offered by other foreign countries, including China, Russia, Brazil, and India;
  • a description of cyberspace threats to U.S. national security from foreign countries, state-sponsored actors, and private actors to federal and private sector infrastructure, U.S. intellectual property, and U.S. citizens;
  • a review of deterrent policy tools available to the President; and
  • a review of resources required by the State Department, including the Office of the Coordinator for Cyber Issues, to build international cyber behavior norms.

The State Department must brief congressional committees on such issues and make the strategy available to the public.

(Sec. 403) The State Department must consult with countries in which international cyber criminals are physically present, and from which extradition is unlikely, to determine what actions those governments have taken to prosecute and prevent cyber or intellectual property crimes against U.S. interests or citizens.

The State Department must also report annually to Congress regarding: (1) the number of such criminals located in other countries, including an indication of countries from which extradition is unlikely; (2) its discussions with officials of other countries; and (3) each international cyber criminal extradited to the United States.

(Sec. 404) The NCCIC must: (1) establish a process for statewide interoperability coordinators to report cybersecurity risks or incidents involving information systems or networks used by emergency response providers within their states, and (2) develop security and resilience recommendations for such networks. NIST must support, and report to Congress regarding, the development of methods for reducing cybersecurity risks to such emergency response providers.

(Sec. 405) The Department of Health and Human Services (HHS) must report to Congress regarding the preparedness of HHS and health care industry stakeholders in responding to cybersecurity threats. The report must identify the HHS official responsible for coordinating HHS cyber threat efforts and include plans on how HHS divisions will communicate with each other regarding such threats.

HHS must convene a one-year task force of health care industry stakeholders, cybersecurity experts, and federal agencies to establish a plan for implementing the Cybersecurity Information Sharing Act of 2015 (title I of this division) so that the federal government and health care industry stakeholders may, in real time, share actionable cyber threat indicators and defensive measures. The task force must report to Congress regarding the plan and recommendations for securing private entities against cyber attacks and protecting networked medical devices and other software or systems that connect to an electronic health record. The task force must also provide HHS with cybersecurity preparedness information to disseminate to the health care industry.

HHS must collaborate with DHS, health care industry stakeholders, NIST, and other entities to establish a common set of voluntary, consensus-based, and industry-led guidelines to serve as a resource for cost-effectively reducing cybersecurity risks for health care organizations.

(Sec. 406) Inspectors general of agencies operating national security systems or federal computer systems that provide access to personally identifiable information must report to Congress regarding their agencies': (1) logical access controls for granting or denying requests to obtain and use information and processing services; (2) use of multi-factor authentication that requires at least two of authentication factors (such as something that is known to the user, an access device provided to the user, or a unique biometric characteristic of the user) to gain access to information; (3) procedures to detect exfiltration and inventory software and licenses; and (4) policies to ensure that contractors and other entities providing services to the agency implement appropriate information security management practices.

(Sec. 407) This section amends the federal criminal code to extend extraterritorially the application of penalties for fraud offenses involving an access device issued, owned, managed, or controlled by a financial institution, account issuer, credit card system member, or other entity organized under the laws of the United States or any U.S. state or territory. (An access device is any card, code, electronic serial number, telecommunications service, or other means of account access that can be used to initiate a transfer of funds or to obtain money, goods, or services.) It removes a condition under current law that subjects a person to such penalties only if the underlying articles, property, or proceeds are held within or have transferred through U.S. jurisdiction.

DIVISION O--OTHER MATTERS

TITLE I--OIL EXPORTS, SAFETY VALVE, AND MARITIME SECURITY

(Sec. 101) The division amends the Energy Policy and Conservation Act (EPCA) to repeal the authority of the President to impose export restrictions upon coal, petroleum products, natural gas, or petrochemical feedstocks, and supplies of related materials or equipment.

The division prohibits federal officials from either imposing or enforcing any restriction upon crude oil exports.

The division does retain the President's authority under specified laws, however, to impose sanctions upon a foreign person or foreign government, including one designated as a state sponsor of terrorism, as well as the authority to prohibit or restrict U.S. persons from conducting transactions with a sanctioned person or government.

The President may also impose licensing restrictions upon U.S.crude oil exports for a maximum one year period, if:

  • the President declares a national emergency and formally notices the declaration in the Federal Register;
  • the restrictions apply within the context of sanctions or trade restrictions imposed for reasons of national security by the Executive authority of the President or by Congress; or
  • the Secretary of Commerce reports to the President that the export of crude oil has caused sustained material oil supply shortages or sustained oil prices significantly above world market levels directly attributable to the export of crude oil produced in the United States, and those shortages or increases have either caused or are likely to cause sustained material adverse employment effects in the U.S.

Restrictions imposed under this Act may be renewed for additional periods of not more than one year each.

The Department of Transportation shall make increased payments for FY2017-FY2021 to the contractor for an operating agreement for each vessel covered by the agreement. The division increases the authorization of appropriations for such payments for each of FY2017-FY2021.

TITLE II--TERRORIST TRAVEL PREVENTION AND VISA WAIVER PROGRAM REFORM

Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015

(Sec. 202) This division amends the Immigration and Nationality Act regarding the visa waiver program to require that an alien, when applying for program admission, possess a valid unexpired passport that:

  • is machine-readable, tamper-resistant, incorporates document authentication identifiers, and otherwise satisfies the internationally accepted standard for machine readability; and
  • beginning on April 1, 2016, is an electronic passport that is fraud-resistant, contains relevant biographic and biometric information, and satisfies internationally accepted standards for electronic passports.

A program country must certify that:

  • it issues passports that satisfy the internationally accepted standard for machine readability, and as of April 1, 2016, passports that satisfy internationally accepted standards for electronic passports; and
  • by October 1, 2016, except for travel between countries within the Schengen Zone (26 European countries that have abolished passport and any other border control at their common borders), it has in place mechanisms to validate such passports at each key port of entry.

(Sec. 203) An alien shall be ineligible for program participation who:

  • has been present, at any time on or after March 1, 2011, in Iraq or Syria, in a country designated as one that has repeatedly provided support for acts of international terrorism, or in any other country or area of concern designated by the Department of Homeland Security (DHS); and
  • regardless of whether the alien is a national of a program country, is not a national of Iraq or Syria, a country designated as a country that has repeatedly provided support for acts of international terrorism, or any other country or area of concern.

Such prohibitions shall not apply to an alien who was present in such a country to perform military or official government service for a program country.

DHS may waive such prohibitions if in U.S. law enforcement or national security interests, and shall report annually to Congress on each waiver made in the previous year.

DHS shall determine and review annually whether such prohibitions shall apply to any country or area, considering whether:

  • the presence of an alien in the country or area increases the likelihood that he or she is a credible U.S. security threat,
  • a foreign terrorist organization has a significant presence in the country or area, and
  • the country or area is a safe haven for terrorists.

(Sec. 204) A program country shall:

  • report the loss or theft of one of its national's passports to the United States within 24 hours; and
  • except in the case of a country without an international airport, and except for travel between countries within the Schengen Zone, certify to DHS that it is screening each entering or departing non-citizen or non-national for unlawful activity by using Interpol databases and notices, or other means designated by DHS.

If DHS and the State Department jointly determine that a program country is not sharing information or conducting required screening, DHS shall terminate the country's program status, subject to specified conditions for reinstatement.

(Sec. 205) Certain reporting requirements are amended.

(Sec. 206) DHS shall evaluate program countries annually and identify and suspend from program participation any country whose nationals present a high U.S. security risk.

In suspending a country DHS shall consider:

  • the number of nationals determined ineligible for U.S. travel during the previous year,
  • the number of nationals identified in U.S. government databases related to the identities of known or suspected terrorists during the previous year,
  • the estimated number of nationals who have traveled to Iraq or Syria at any time on or after March 1, 2011, to engage in terrorism,
  • the country's capacity to combat passport fraud,
  • the level of cooperation with U.S. counter-terrorism efforts, and
  • the adequacy of the country's border and immigration controls.

DHS shall give Congress an annual evaluation and threat assessment of each country that presents a high U.S. security risk.

(Sec. 207) DHS shall:

  • research opportunities to incorporate anti-fraud/deception technology into the electronic system for travel authorization; and
  • collect from an applicant information on any additional or previous countries of citizenship, and consider such information when making admissions determinations.

DHS shall report annually to Congress on: (1) the number of individuals denied travel eligibility under the program or whose travel eligibility was revoked during the previous year, and (2) the number of such individuals who were determined to represent a U.S. security threat.

DHS shall report to Congress on steps to strengthen the electronic system for travel authorization.

(Sec. 208) DHS shall provide assistance in a risk-based manner to non-program countries to assist them in:

  • submitting theft or loss of passport information to Interpol; and
  • issuing and validating at ports of entry electronic passports that are fraud-resistant, contain relevant biographic and biometric information, and otherwise satisfy internationally accepted standards for electronic passports.

(Sec. 209) The electronic travel authorization system is renamed the electronic system for travel authorization.

(Sec. 210) It is the sense of Congress that:

  • the International Civil Aviation Organization should establish electronic passport standards and obligate member countries to utilize them as soon as possible, and
  • such passports should be a combined paper and electronic passport that contains biographic and biometric information that can be used to authenticate identity through an embedded chip.

TITLE III--JAMES ZADROGA 9/11 HEALTH AND COMPENSATION REAUTHORIZATION ACT

James Zadroga 9/11 Health and Compensation Reauthorization Act

(Sec. 302) Amends the Public Health Service Act to extend the World Trade Center (WTC) Health Program Fund through FY2090 and index federal deposits after FY2025 to the consumer price index for urban consumers. Makes funding available for:

  • a quality assurance program for services delivered by health care providers,
  • the WTC Health Program annual report,
  • the WTC Health Program Steering Committees,
  • education and outreach, and
  • contracts with Clinical Centers of Excellence.

Requires the WTC Health Program to provide for an independent peer review of the scientific and technical basis for adding a health condition to the list of conditions covered by the program. Directs the program's Scientific/Technical Advisory Committee to evaluate the process for adding a health condition to the list.

TITLE IV--JAMES ZADROGA 9/11 VICTIM COMPENSATION FUND REAUTHORIZATION

James Zadroga 9/11 Victim Compensation Fund Reauthorization Act

(Sec. 402) Amends the Air Transportation Safety and System Stabilization Act to exclude future medical expense loss from the economic losses that may be claimed under the September 11th Victim Compensation Fund of 2001.

Makes individuals (or relatives of deceased individuals) who were injured or killed in the rescue and recovery efforts after the aircraft crashes of September 11, 2001, eligible for compensation.

Allows individuals to file claims for compensation up to five years after enactment of this Act.

Limits the amount of awards determined on or after the date of enactment of this Act.

Removes the limit on the amount available to pay claims in the five-year period beginning on the date when regulations were updated in accordance with the James Zadroga 9/11 Health and Compensation Act of 2010. Requires payment of the remainder of an award that was reduced due to this limit.

Establishes in the Treasury and makes appropriations for the Victims Compensation Fund to pay new claimants.

Increases through FY2025 the combined filing fee and fraud prevention and detection fee submitted with applications for L-1 or H-1B visas for employers with more than 50 employees if more than half of the employees are admitted to the United States on L-1 or H-1B visas.

Establishes in the Treasury the 9-11 Response and Biometric Exit Account to receive half of the increased fees. These funds are available to the Department of Homeland Security for the biometric entry and exit data system described in the Intelligence Reform and Terrorism Prevention Act of 2004. Limits deposits into the account.

(Sec. 403) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to add the September 11th Victim Compensation Fund, the Victims Compensation Fund established under this Act, the United States Victims of State Sponsored Terrorism Fund established under this Act, and the World Trade Center Health Program Fund to the list of accounts that are not subject to budget sequestration.

Justice for United States Victims of State Sponsored Terrorism Act

(Sec. 404) Establishes in the Treasury the United States Victims of State Sponsored Terrorism Fund to compensate victims of state-sponsored terrorism and the Iran hostage crisis.

Requires to be deposited in the fund: (1) criminal penalties and half of civil penalties for violations of the International Emergency Economic Powers Act or the Trading with the Enemy Act, or for a federal offense arising from doing business with or acting on behalf of a state sponsor of terrorism; and (2) proceeds from the sale of certain assets of Iran. Makes additional appropriations to the fund.

Terminates the fund on January 2, 2026.

Provides for compensation to a person who informs the Department of Justice of funds or property of a state sponsor of terrorism.

(Sec. 405) Requires funds paid to the U.S. government related to a plea agreement between the Department of Justice and BNP Paribas to be deposited into the United States Victims of State Sponsored Terrorism Fund in accordance with this Act.

TITLE V--MEDICARE AND MEDICAID PROVISIONS

(Sec. 501) This bill amends title XVIII (Medicare) of the Social Security Act (SSAct) to reduce, from $205 million to $5 million, the amount available to the Medicare Improvement Fund for services furnished during and after FY2020. (The purpose of the fund is to make improvements under the original Medicare fee-for-service program.)

(Sec. 502) The bill reduces Medicare payment for traditional x-ray imaging in order to incentivize providers to transition to digital radiography. This payment reduction shall not affect budget-neutrality calculations, which are used to limit annual adjustments to Medicare expenditures.

(Sec. 503) The bill amends title XIX (Medicaid) of SSAct to limit federal reimbursement rates under Medicaid for durable medical equipment, such as wheelchairs, to the rates that are paid under Medicare.

The Department of Health and Human Services (HHS) shall evaluate the impact of this limitation on Medicaid payment.

(Sec. 504) The bill establishes a separate payment under Medicare to a home health agency for a disposable device that is a type of negative pressure wound therapy deviceused in lieu of durable medical equipment.

The Government Accountability Office (GAO) shall study and report on: (1) the value of those disposable devices to Medicare, and (2) the impact of Medicare payment for the devices.

TITLE VI--PUERTO RICO

(Sec. 601) The bill increases the Medicare inpatient hospital payment rates for subsection (d) Puerto Rico hospitals. Under current law, a subsection (d) hospital is generally an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system when providing covered inpatient services to eligible beneficiaries.

(Sec. 602) The bill makes subsection (d) Puerto Rico hospitals eligible for Medicare incentive payments for the adoption and meaningful use of certified electronic health record technology.

TITLE VII--FINANCIAL SERVICES

(Sec. 702) The bill temporarily prohibits the Department of the Treasury from selling or otherwise disposing of senior preferred stock in Fannie Mae and Freddic Mac until at least January 1, 2018, unless legislation is enacted authorizing that action. (TTreasury acquired the stock to provides Fannie Mae and Freddie Mac with financial support.)

(Sec. 703) The bill amends the S.A.F.E. Mortgage Licensing Act of 2008 to allow information from the Nationwide Mortgage Licensing System and Registry to be shared with financial services regulators without the loss of privilege or confidentiality protections.

(Sec. 704) The bill amends the Consumer Financial Protection Act of 2010 to apply the Federal Advisory Committee Act (FACA) to each advisory committee and subcommittee of the Consumer Financial Protection Bureau. (FACA governs how federal advisory committees operate and requires advisory committee meetings to be open to the public.)

(Sec. 705) The bill amends the Commodity Exchange Act and the Securities Exchange Act of 1934 to exempt corporate affiliates of non-financial companies from requirements for swaps or security-based swaps to be submitted a derivative clearing agency and traded on an exchange or exchange-like trading platform. Any exempt swap entered into by an affiliate shall be subject to a centralized risk management program.

(Sec. 706) The bill amends the Federal Deposit Insurance Act to place limits on the Federal Reserve's ability to claim assets from specified financial holding companies that are also insurance companies.

The bill amends the Dodd-Frank Wall Street Reform and Consumer Protection Ac to authorize the Federal Deposit Insurance Corporation (FDIC) to stand in the place of a state regulatory agency and file a judicial action to place such companies into orderly rehabilitation under state law if the appropriate regulatory agency has not done so.

FDIC must notify the relevant state insurance authority promptly of its intention to take a lien on such a company's assets. FDIC may take such a lien to secure repayment of funds made available to the covered financial company or its subsidiary only if the lien will not unduly impede or delay liquidation, rehabilitation, or recovery.

(Sec. 707) Funds made available by the bill shall not be used by the Securities Exchange Commission (SEC) to finalize, issue, or implement any rule, regulation, or order regarding the disclosure of: (1) political contributions, (2) contributions to tax-exempt organizations, or (3) dues paid to trade associations.

(Sec. 708) The bill amends the Securities Exchange Act of 1934 to repeal the requirement for the SEC to report on its use of the Right to Financial Privacy Act of 1978 to obtain access to customers' financial records.

(Sec. 709) The bill amends the Emergency Economic Stabilization Act of 2008 to extend the Housing Finance Agency Innovation Fund for the Hardest Hit Housing Markets for current participants and limit funds for the extension to $2 billion. (This program provides federal funding for states that have been particularly impacted by the housing crisis to develop locally tailored programs to assist struggling homeowners.)

The bill terminates the Making Home Affordable initiative. (This initiative encompasses several programs aimed at helping struggling homeowners avoid foreclosure.)

TITLE VIII--LAND AND WATER CONSERVATION FUND

(Sec. 801) The bill reauthorizes through FY2018 the Land and Water Conservation Fund.

With the exception for certain funding related to the Everglades National Park, federal land acquisition funds s may not be used for condemnation or eminent domain without congressional approval.

TITLE IX--NATIONAL OCEANS AND COASTAL SECURITY

National Oceans and Coastal Security Act

(Sec. 904) The bill authorizes the National Oceanic and Atmospheric Administration (NOAA) and the National Fish and Wildlife Foundation to establish the National Oceans and Coastal Security Fund as a tax-exempt fund.

(Sec. 905) The foundations may allocate amounts in the fund to support programs and activities to utilize and further the understanding of ocean and coastal resources and coastal infrastructure. The fund shall not be used for: (1) litigation against the federal government, (2) the creation of national marine monuments and marine protected areas, (3) marine spatial planning, (4) or the National Ocean Policy.

(Sec. 906) NOAA and the foundation may award grants for baseline scientific research, ocean observation, and other programs intended to utilize and further the understanding of ocean and coastal resources and coastal infrastructure.

(Sec. 907) The foundation must report annually on the fund's operations.

(Sec. 908) The bill authorizes the program for FY2017-FY2019.

TITLE X--BUDGETARY PROVISIONS

(Sec. 1001) The bill exempts the budgetary effects of division M and each succeeding division from o the Statutory Pay-As-You-Go Act of 2010 (PAYGO), the Senate PAYGO rule, and discretionary spending limits.

(Sec. 1002) The chairman of the House Budget Committee may adjust FY2016 allocations and levels to achieve consistency with the Bipartisan Budget Act of 2015.

(Sec. 1003) The bill amends bill the Balanced Budget and Emergency Deficit Control Act of 1985 to modify reporting requirements related to the enforcement of discretionary spending limits.

TITLE XI--IRAQ LOAN AUTHORITY

(Sec. 1101) The bill authorizes up to $2.7 billion in direct loans to Iraq for defense articles and services. pecial emphasis shall be placed on assistance to: (1) the Kurdish Peshmerga, and (2) Sunni tribal security forces or other local security forces with a national security mission.

DIVISION P--TAX-RELATED PROVISIONS

TITLE I--HIGH COST EMPLOYER-SPONSORED HEALTH COVERAGE EXCISE TAX PROVISIONS

(Sec. 101) Delays until 2020 the excise tax (cadillac tax) on the excess benefit from high cost employer-sponsored health care plans.

(Sec. 102) Allows employers a tax deduction for the excise tax on the excess benefit from high cost employer-sponsored health care plans.

(Sec. 103) Requires the Government Accountability Office, in consultation with the National Association of Insurance Commissioners, to report to the congressional tax committees on the suitability of using certain benchmarks for age and gender adjustments of the excise tax on high cost employer-sponsored health care plans.

TITLE II--ANNUAL FEE ON HEALTH INSURANCE PROVIDERS

(Sec. 201) Delays until 2018 the annual fee on health insurance providers.

TITLE III--MISCELLANEOUS PROVISIONS

(Sec. 301) Extends through 2019 the tax credit for producing electricity from wind facilities. Establishes a phaseout percentage for wind facilities constructed after 2016 and before 2020.

(Sec. 302) Extends through 2019 the energy tax credit for investment in certain renewable energy facilities.

(Sec. 303) Extends through 2021 the energy tax credit for investment in solar energy property.

(Sec. 304) Extends through 2021 the tax credit for qualified solar electric property and solar water heating property

(Sec. 305) Allows a tax deduction, through 2021, for 25% of the transportation costs of crude oil by taxpayers that are not major integrated oil companies.

DIVISION Q--PROTECTING AMERICANS FROM TAX HIKES ACT OF 2015

Protecting Americans from Tax Hikes Act of 2015

TITLE I--EXTENDERS

Subtitle A--Permanent Extensions

Part 1--Tax Relief for Families and Individuals

(Sec. 101) Amends the Internal Revenue Code to make permanent: (1) the increased refundability of the child tax credit, (2) the American Opportunity tax credit, (3) increases in the earned income tax credit, (4) the tax deduction for expenses of elementary and secondary school teachers, (5) the parity of the tax exclusion for employer-provided mass transit and parking benefits, and (6) the tax deduction for state and local general sales taxes in lieu of state and local income taxes.

Part 2--Incentives for Charitable Giving

(Sec. 111) Makes permanent: (1) the tax deduction for individual and corporate contributions of capital gain real property for conservation purposes, (2) tax-free distributions from individual retirement accounts for charitable purposes, (3) the special rule allowing taxpayers other than C corporations a tax deduction for charitable contributions of food inventory, (4) the exemption from treatment as foreign holding company income of dividends, interest, rents, and royalties received or accrued from certain controlled foreign corporations by a related entity, and (5) the basis adjustment rule for stock of an S corporation making charitable contributions of property.

Part 3--Incentives for Growth, Jobs, Investment, and Innovation

(Sec. 121) Makes permanent: (1) the tax credit for research expenditures; (2) the tax credit for differential wage payments for employees who are active duty members of the uniformed services; (3) 15-year straight-line depreciation of qualified leasehold improvements, qualified restaurant buildings and improvements, and qualified retail improvements; (4) the increased expensing allowance for business assets, computer software, and qualified real property (i.e., leasehold improvement, restaurant, and retail improvement property); (5) the special rule exempting from tax and withholding of tax requirements the interest-related dividends and short-term capital gain dividends received from a regulated investment company; (6) the 100% exclusion from gross income of gain from the sale of small business stock; (7) the reduction (from 10 years to 5 years) of the recognition period of the built-in gains of S corporations; and (8) the subpart F income exemption for income derived in the active conduct of a banking, financing, or insurance business.

Part 4--Incentives for Real Estate Investment

(Sec. 131) Makes permanent: (1) the 9% low-income housing tax credit rate for new buildings that are not federally subsidized, and (2) the tax treatment of regulated investment companies as qualified investment entities for purposes of the Foreign Investment in Real Property Tax Act (FIRPTA).

(Sec. 132) Amends the Housing Assistance Act of 2008 to make permanent the exemption of the basic military housing allowance from the income test for programs financed by tax-exempt housing bonds.

Subtitle B--Extensions Through 2019

(Sec. 141) Extends through 2019: (1) the new markets tax credit; (2) the work opportunity tax credit; (3) the allowance for additional depreciation (bonus depreciation) and the election to accelerate the alternative minimum tax credit in lieu of bonus depreciation; and (4) the tax rule exempting dividends, interest, rents, and royalties received or accrued from certain controlled foreign corporations by a related entity from treatment as foreign holding company income

(Sec. 142) Allows a work opportunity tax credit, through 2019, for the hiring of long-term unemployment recipients who have received at least 27 consecutive weeks of benefits.

(Sec. 143) Allows an additional depreciation allowance, through 2019, for any specified plant that is planted, or grafted to a plant that has already been planted, by the taxpayer in the ordinary course of the taxpayer's farming business. Defines "specified plant" as: (1) any tree or vine that bears fruits or nuts, and (2) any other plant that will have more than one yield of fruits or nuts and that generally has a period of more than two years from the time of planting or grafting to the time at which such plant begins bearing fruits or nuts.

Subtitle C--Extensions Through 2016

Part 1--Tax Relief for Families and Individuals

(Sec. 151) Extends through 2016: (1) the exclusion from gross income of income imputed to the discharge of indebtedness for the acquisition of a principal residence, (2) the tax deduction for mortgage insurance premiums, and (3) the deduction from gross income of qualified tuition and related expenses.

Part 2--Incentives for Growth, Jobs, Investment, and Innovation

(Sec. 161) Extends through 2016:

  • the Indian employment tax credit;
  • the railroad track maintenance tax credit;
  • the mine rescue team training tax credit;
  • the authority for issuing qualified zone academy bonds;
  • the classification of race horses as three-year property for depreciation purposes;
  • accelerated depreciation for motorsports entertainment property and business property on an Indian reservation;
  • the election to expense mine safety equipment;
  • the special expensing rules for certain film and television productions and for live theatrical productions;
  • the tax deduction attributable to domestic production activities in Puerto Rico;
  • tax incentives for investment in empowerment zones;
  • the increased payment of rum excise taxes to Puerto Rico and the Virgin Islands; and
  • the American Samoa Economic Development credit.

(Sec. 174) Delays until 2018 the excise tax on medical devices.

Part 3--Incentives for Energy Production and Conservation

(Sec. 181) Extends through 2016 the tax credit for residential energy efficiency improvements. Modifies energy efficiency standards for windows, doors, and skylights.

(Sec. 182) Extends through 2016:

  • the tax credit for alternative fuel vehicle refueling property expenditures;
  • the tax credit for two-wheeled plug-in electric vehicles;
  • the tax credit for second generation biofuel production;
  • tax credits for biodiesel and renewable diesel;
  • the tax credit for the production of electricity from Indian coal facilities;
  • the tax credit for production of electricity from wind, biomass, geothermal energy, landfill gas, trash, qualified hydropower, and marine and hydrokinetic renewable energy facilities;
  • the tax credit for energy-efficient new homes;
  • the special depreciation allowance for second generation biofuel plant property;
  • the tax deduction for energy efficient commercial building expenditures;
  • tax deferral rules for sales or dispositions of qualified electric facilities;
  • the excise tax credit for alternative fuels; and
  • the tax credit for new qualified fuel cell motor vehicles.

TITLE II--PROGRAM INTEGRITY

(Sec. 201) Requires wage statements and nonemployee compensation statements to be filed on or before January 31 in the year after the year to which such statements relate.

(Sec. 202) Sets forth a safe harbor rule for errors on tax information returns and payee statements. Provides that if any such return or statement has one or more incorrect dollar amounts, but no single amount in error differs from the correct amount by more than $100, and no single amount reported for tax withheld on any information return differs from the correct amount by more than $25, then no correction shall be required and such return or statement shall be treated as having been filed with all of the correct required information.

(Sec. 203) Authorizes the Department of the Treasury to issue an individual taxpayer identification number (ITIN) to an individual only if such individual: (1) submits an application for an ITIN in person at an Internal Revenue Service (IRS) taxpayer assistance center with required documentation, or (2) submits an application in person outside of the United States to an IRS employee or a designee of Treasury at a U.S. diplomatic mission or consular post with required documentation.

Requires the Treasury Inspector General for Tax Administration to: (1) audit, on a biennial basis, the IRS program for issuance of ITINs pursuant to this Act; and (2) report to the congressional tax committees on such audit. Requires Treasury to maintain a program for training and approving community-based certified acceptance agents for issuing ITINs and to study, and report on, the effectiveness of the application process for ITINs.

(Sec. 204) Prohibits a taxpayer from filing an amended claim for the earned income tax credit, the child tax credit, or the American Opportunity tax credit after the taxpayer has been issued a Social Security account number.

(Sec. 207) Directs Treasury to conduct a study of the effectiveness of tax return preparer due diligence requirements for claiming the earned income tax credit, the child tax credit, and the American Opportunity tax credit.

(Sec. 208) Prohibits taxpayers who improperly claimed such credit in a previous year from claiming such credit during a disallowance period of: (1) 2 years for claims made with reckless or intentional disregard of rules governing such credit, or (2) 10 years for fraudulent claims.

(Sec. 209) Allows a penalty for underpayments of tax based upon the excess of refundable credit amounts over tax liability.

(Sec. 210) Increases the penalty for understatements of tax by paid tax preparers due to willful or reckless conduct.

(Sec. 211) Requires the disclosure of the employer identification number of any institution to which qualified tuition and related expenses were paid on behalf of a taxpayer and the reporting of the aggregate amount of qualified tuition and related expenses received during the calendar year.

TITLE III--MISCELLANEOUS PROVISIONS

Subtitle A--Family Tax Relief

(Sec. 301) Excludes from gross income amounts received under a comprehensive student work-learning-service program.

(Sec. 302) Allows payment of expenses for the purchase of computer or peripheral equipment, software, or Internet access from qualified tuition programs (529 plans)

(Sec. 303) Eliminates the residency requirement for beneficiaries of qualified ABLE programs.

(Sec. 304) Excludes from gross income amounts received as compensation for wrongfully-incarcerated individuals.

(Sec. 305) Modifies the exclusion from gross income of payments from an accident or health plan in order to: (1) make the exclusion for payments to a beneficiary other than a spouse or dependent child applicable to plans established by or on behalf of a state or political subdivision thereof; and (2) define a "qualified taxpayer," for purposes of the exclusion, as an employee or the spouse, dependent, or child (under age 27) of an employee.

(Sec. 306) Allows tax-free rollovers from tax-exempt retirement plans, annuities, and deferred compensation plans into a simple individual retirement account.

(Sec. 307) Amends the FAA Modernization and Reform Act of 2012 to allow tax-free rollover of amounts defined as airline payments into individual retirement accounts.

(Sec. 308) Expands the exemption from the tax penalty for early distributions from retirement plans by a public safety employee to nuclear materials couriers, member of the U.S. Capitol Police or the Supreme Court Police, or any diplomatic security special agent of the Department of State.

(Sec. 309) Prohibits any suspension of the tax collection period after assessment, for taxpayers who are members of the Armed Forces, for any period of continuous hospitalization for combat zone injuries and the next 180 days thereafter.

Subtitle B--Real Estate Investment Trusts

(Sec. 311) Prohibits a tax-free distribution of the stock of a real estate investment trust (REIT) if the REIT is either a distributing corporation or a controlled corporation, except where the distributing corporation and the controlled corporation are both REITs after a distribution.

(Sec. 312) Reduces from 25% to 20%, after December 31, 2017, the percentage of assets of a REIT that may be securities of one or more taxable REIT subsidiaries.

(Sec. 313) Expands the amount of property that a REIT may sell within safe harbor rules from 10% to 20% of the aggregate basis or fair market value and provides for an alternative 3-year averaging test for the percentage of REIT assets that can be sold annually.

(Sec. 314) Repeals the requirement that allows a tax deduction for dividends paid to REIT shareholders that are not preferential dividends.

(Sec. 315) Grants Treasury the authority to cure a failure of a REIT to comply with preferential dividend requirements.

(Sec. 316) Sets forth a rule limiting the designation of dividends by a REIT. Allows Treasury to prescribe regulations requiring the proportionality of the designation of particular types of dividends among shares or beneficial interests of a REIT.

(Sec. 317) Treats debt instruments issued by publicly-offered REITs as real estate assets for purposes of the REIT gross income test.

(Sec. 318) Allows certain personal property that is ancillary to real property to be treated as real property for purposes of the REIT asset test (i.e., 75% of the value of a REIT's total assets must be real estate assets).

(Sec. 320) Provides that the earnings and profits of a REIT are not reduced by any amount that: (1) is not allowable as a deduction in computing REIT taxable income for the current taxable year, and (2) was not so allowable for any prior taxable year.

(Sec. 321) Allows taxable REIT subsidiaries to: (1) operate property in foreclosure without causing income from such property to affect the REIT income tests, and (2) develop and market REIT real property without incurring a prohibited transaction tax.

Expands the excise tax on non-arm's length transactions to include services provided by a taxable REIT subsidiary to its parent REIT.

(Sec. 322) Increases from 5% to 10% the allowable ownership interest in REIT stock for purposes of tax exemptions allowed by FIRPTA relating to foreign investment in United States real property interests.

(Sec. 323) Exempts from FIRPTA interests held by foreign retirement or pension funds.

(Sec. 324) Increases from 10% to 15% the rate of withholding of tax on dispositions or distributions of U.S. real property interests.

(Sec. 325) Includes regulated investment companies (RICs) and REITs in the definition of U.S. real property interests.

(Sec. 326) Denies dividends derived from RICs and REITs a tax deduction for the U.S. source portion of dividends from certain foreign corporations.

Subtitle C--Additional Provisions

(Sec. 331) Allows an increased charitable tax deduction for contributions to agricultural research organizations.

(Sec. 332) Allows taxpayers who: (1) are liable for not more than $50,000 per year in excise taxes on distilled spirits, wine, or beer to file and pay such taxes quarterly without the requirement to post a bond covering the operations and withdrawals of such distilled spirits, wines, or beer; and (2) reasonably expect to have a tax liability of not more than $1,000 per year and who were liable for not more than $1,000 in taxes in the preceding calendar year to file and pay such taxes annually rather than quarterly.

(Sec. 333) Requires small property and casualty insurance companies eligible for the alternative corporate income tax to comply with specified diversification requirements. Increases the premium limitation used to determine eligibility for the alternative tax to $2.2 million (from $1.2 million), with an annual inflation adjustment to such increased amount after 2015.

(Sec. 334) Allows a 23.8% alternative tax rate on the portion of a corporations taxable income that consists of qualified timber gain.

(Sec. 335) Revises the definition of "hard cider" for purposes of the excise tax on distilled spirits, wines, and beer.

(Sec. 336) Revises the tax treatment of church pension plans to: (1) provide that an organization otherwise eligible to participate in a church plan shall not be aggregated with another such organization and treated as a single employer with it for pension benefit rules and testing purposes unless one such organization provides directly or indirectly at least 80% of the operating funds for the other organization during the recipient organization's preceding tax year and there is a degree of common management or supervision between the organizations, (2) adopt benefit accrual limitations for church defined benefit plans established before 1982, (3) allow transfers and mergers of qualified church retirement plans, and (4) allow church plans and their supporting organizations to invest plan assets in a group trust (as defined by Internal Revenue Service Revenue Rulings).

Preempts any state law relating to wage, salary, or payroll payment, collection, deduction, garnishment, assignment, or withholding that would directly or indirectly prohibit or restrict the inclusion in any church plan of an automatic contribution arrangement.

Subtitle D--Revenue Provisions

(Sec. 341) Updates to Standard 90.1-2007, the energy standard of the American Society of Heating, Refrigerating, and Air Conditioning Engineers and the Illuminating Engineering Society of North America used for the tax deduction for energy efficient commercial buildings.

(Sec. 342) Equalizes the excise tax rate for liquefied natural gas and liquefied petroleum gas

(Sec. 343) Excludes from gross income, for income tax purposes, any amount received by a non-corporate taxpayer as a clean coal power grant, award, or allowance under the Energy Policy Act of 2005.

(Sec. 344) Sets forth a special rule for the valuation of charitable remainder unitrusts upon early termination.

(Sec. 345) Prohibits the transfer of losses from the sale or exchange of property from a foreign individual who is not subject to U.S. taxation to any individual who is subject to U.S. taxation.

(Sec. 346) Allows the consolidation of remuneration paid to a motion picture project worker by a motion picture project employer in a calendar year for employment tax purposes.

TITLE IV--TAX ADMINISTRATION

Subtitle A--Internal Revenue Service Reforms

(Sec. 401) Directs the Commissioner of the Internal Revenue Service (IRS) to ensure that IRS employees are familiar with and act in accordance with taxpayer rights, including the right to be informed, to quality service, to pay no more than the correct amount of tax, to challenge the position of the IRS and be heard, to appeal a decision of the IRS in an independent forum, to finality, to privacy, to confidentiality, to retain representation, and to a fair and just tax system.

(Sec. 402) Prohibits any IRS officer or employee from using a personal email account to conduct official government business.

(Sec. 403) Authorizes the IRS to disclose information about the status of an investigation of a tax law violation to any person who provides information to the IRS indicating a violation.

(Sec. 404) Directs the IRS to prescribe procedures to allow an organization claiming tax-exempt status to request an administrative appeal of an adverse determination of such organization's initial or continuing classification as tax-exempt.

(Sec. 405) Requires an organization that intends to operate as a tax-exempt social welfare organization to notify the Secretary of the Treasury of such intent with information as to its identity and purpose. Allows such an organization to seek a declaratory judgment regarding its initial or continuing classification as a tax-exempt organization.

(Sec. 407) Amends the Internal Revenue Service Restructuring and Reform Act of 1998 to allow the termination of employment of an IRS employee for performing, delaying, or failing to perform (or threatening to perform, delay, or fail to perform) any official action (including any audit) for the purpose of extracting personal gain or benefit or for a political purpose.

(Sec. 408) Exempts from the gift tax any transfers of money or other property to tax-exempt social welfare organizations, labor, agricultural, or horticultural organizations, or business leagues, chambers of commerce, real-estate boards, boards of trade, or professional football leagues.

(Sec. 409) Requires the replacement of Social Security account numbers on tax statements reporting wages and other tax information with an identifying number for an employee.

(Sec. 410) Permits any enrolled agent properly licensed to represent taxpayers before the IRS to use the credentials or designation of "enrolled agent," "EA," or "E.A."

(Sec. 411) Sets forth procedures for adjustments to partnership tax liability resulting from certain losses of publicly traded partnerships.

Subtitle B--United States Tax Court

Part 1--Taxpayer Access to United States Tax Court

(Sec. 421) Changes the period for filing an action in the Tax Court for review of a denial by the Department of the Treasury of a request to abate interest. Provides that such an action may be filed in Tax Court at any time after the earlier of the date of the mailing of Treasury's final determination not to abate such interest or the date that is 180 days after the filing of a claim for abatement, but not later that 180 days after Treasury's final determination.

(Sec. 422) Allows the filing of an action in Tax Court for review of a denial to abate interest not exceeding $50,000 as a small tax case, thus providing for expedited review.

(Sec. 423) Provides that: (1) venue in an innocent spouse relief petition is the legal residence of the petitioner; and (2) venue in a collection due process proceeding is the legal residence of an individual petitioner or the principal place of business or principal office or agency if the the petitioner is an entity other than an individual.

(Sec. 424) Allows a taxpayer seeking review of a claim for innocent spouse relief or of a collection case in U.S. Tax Court a 60-day suspension of the period for filing a petition for such review when the U.S. Bankruptcy Court has issued an automatic stay in a bankruptcy case involving the taxpayer's claim.

(Sec. 425) Requires proceedings of the U.S. Tax Court to be conducted in accordance with the Federal Rules of Evidence.

Part 2--United States Tax Court Administration

(Sec. 431) Directs the U.S. Tax Court to prescribe rules for the filing of complaints with respect to the conduct of any judge or special trial judge of the Court and for the investigation and resolution of such complaints. Grants to the Court the powers of a judicial council under the federal judicial code in investigating and taking action on any complaint.

(Sec. 432) Grants the Tax Court the same management, administrative, and expenditure authority as is granted to other federal courts with general jurisdiction under Article III of the Constitution.

Authorizes the Chief Judge of the Tax Court to summon the judges and magistrate judges of the Court to an annual judicial conference to consider the business of the Court and make recommendations to improve the administration of justice within the jurisdiction of the Court. Authorizes the Court to impose a reasonable registration fee on persons who attend the judicial conference, other than judges and magistrate judges, to defray costs of the conference.

Requires all fees received by the Tax Court to be deposited into a special fund of the Treasury and made available to offset funds appropriated for the operation and maintenance of the Court.

Part 3--Clarification Relating to United States Tax Court

(Sec. 441) Declares that the U.S. Tax Court is not an agency of, and shall be independent of, the executive branch.

TITLE V--TRADE-RELATED PROVISIONS

(Sec. 501) Changes the effective date of provisions relating to tariff classification of recreational performance outerwear to March 31, 2016.

(Sec. 502) Grants authority to the President to implement an Agreement by Asia-Pacific Economic Cooperation Members to reduce rates of duty on certain environmental goods after notification to Congress.

TITLE VI--BUDGETARY EFFECTS

(Sec. 601) Prohibits the entry of the budgetary effects of this Act on any PAYGO scorecard.