Text: H.R.719 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-53 (09/30/2015)

 
[114th Congress Public Law 53]
[From the U.S. Government Publishing Office]



[[Page 501]]

           TSA OFFICE OF INSPECTION ACCOUNTABILITY ACT OF 2015

                   CONTINUING APPROPRIATIONS ACT, 2016

[[Page 129 STAT. 502]]

Public Law 114-53
114th Congress

                                 An Act


 
  To require the Transportation Security Administration to conform to 
  existing Federal law and regulations regarding criminal investigator 
   positions, and for other purposes. <<NOTE: Sept. 30, 2015 -  [H.R. 
                                 719]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: TSA Office of 
Inspection Accountability Act of 2015.  Continuing Appropriations Act, 
2016.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``TSA Office of Inspection 
Accountability Act of 2015''.
SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Consistent with Federal law and regulations, for law 
        enforcement officers to qualify for premium pay as criminal 
        investigators, the officers must, in general, spend on average 
        at least 50 percent of their time investigating, apprehending, 
        or detaining individuals suspected or convicted of offenses 
        against the criminal laws of the United States.
            (2) According to the Inspector General of the Department of 
        Homeland Security (DHS IG), the Transportation Security 
        Administration (TSA) does not ensure that its cadre of criminal 
        investigators in the Office of Inspection are meeting this 
        requirement, even though they are considered law enforcement 
        officers under TSA policy and receive premium pay.
            (3) Instead, TSA criminal investigators in the Office of 
        Inspection primarily monitor the results of criminal 
        investigations conducted by other agencies, investigate 
        administrative cases of TSA employee misconduct, and carry out 
        inspections, covert tests, and internal reviews, which the DHS 
        IG asserts could be performed by employees other than criminal 
        investigators at a lower cost.
            (4) The premium pay and other benefits afforded to TSA 
        criminal investigators in the Office of Inspection who are 
        incorrectly classified as such will cost the taxpayer as much as 
        $17 million over 5 years if TSA fails to make any changes to the 
        number of criminal investigators in the Office of Inspection, 
        according to the DHS IG.
            (5) This may be a conservative estimate, as it accounts for 
        the cost of Law Enforcement Availability Pay, but not the costs 
        of law enforcement training, statutory early retirement 
        benefits, police vehicles, and weapons.
SEC. 3. DEFINITIONS.

    In this Act:

[[Page 129 STAT. 503]]

            (1) Administration.--The term ``Administration'' means the 
        Transportation Security Administration.
            (2) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Homeland Security 
        (Transportation Security) of the Department of Homeland 
        Security.
            (3) Inspector general.--The term ``Inspector General'' means 
        the Inspector General of the Department of Homeland Security.
SEC. 4. INSPECTOR GENERAL AUDIT.

    (a) <<NOTE: Deadline. Analysis.>>  Audit.--Not later than 60 days 
after the date of the enactment of this Act, the Inspector General shall 
analyze the data and methods that the Assistant Secretary uses to 
identify Office of Inspection employees of the Administration who meet 
the requirements of sections 8331(20), 8401(17), and 5545a of title 5, 
United States Code, and provide the relevant findings to the Assistant 
Secretary, including a finding on whether the data and methods are 
adequate and valid.

    (b) Prohibition on Hiring.--If the Inspector General finds that such 
data and methods are inadequate or invalid, the Administration shall not 
hire any new employee to work in the Office of Inspection of the 
Administration until--
            (1) <<NOTE: Certification. Finding. Deadline.>>  the 
        Assistant Secretary makes a certification described in section 5 
        to the Committee on Homeland Security of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate; and
            (2) the Inspector General submits to such Committees a 
        finding, not later than 30 days after the Assistant Secretary 
        makes such certification, that the Assistant Secretary utilized 
        adequate and valid data and methods to make such certification.
SEC. 5. TSA OFFICE OF INSPECTION WORKFORCE CERTIFICATION.

    (a) <<NOTE: Deadline.>>  Certification to Congress.--The Assistant 
Secretary shall, by not later than 90 days after the date the Inspector 
General provides its findings to the Assistant Secretary under section 
4(a), document and certify in writing to the Committee on Homeland 
Security of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate that only those Office of 
Inspection employees of the Administration who meet the requirements of 
sections 8331(20), 8401(17), and 5545a of title 5, United States Code, 
are classified as criminal investigators and are receiving premium pay 
and other benefits associated with such classification.

    (b) Employee Reclassification.--The Assistant Secretary shall 
reclassify criminal investigator positions in the Office of Inspection 
as noncriminal investigator positions or non-law enforcement positions 
if the individuals in those positions do not, or are not expected to, 
spend an average of at least 50 percent of their time performing 
criminal investigative duties.
    (c) Projected Cost Savings.--
            (1) <<NOTE: Cost estimate. Deadline.>>  In general.--The 
        Assistant Secretary shall estimate the total long-term cost 
        savings to the Federal Government resulting from the 
        implementation of subsection (b), and provide such estimate to 
        the Committee on Homeland Security of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate by not later than 180 days after 
        the date of enactment of this Act.

[[Page 129 STAT. 504]]

            (2) Contents.--Such estimate shall identify savings 
        associated with the positions reclassified under subsection (b) 
        and include, among other factors the Assistant Secretary 
        considers appropriate, savings from--
                    (A) law enforcement training;
                    (B) early retirement benefits;
                    (C) law enforcement availability and other premium 
                pay; and
                    (D) weapons, vehicles, and communications devices.
SEC. 6. INVESTIGATION OF FEDERAL AIR MARSHAL SERVICE MISCONDUCT.

    Not <<NOTE: Deadline.>>  later than 90 days after the date of the 
enactment of this Act, or as soon as practicable, the Assistant 
Secretary shall submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on the Judiciary of the Senate--
            (1) <<NOTE: Records.>>  materials in the possession or 
        control of the Department of Homeland Security associated with 
        the Office of Inspection's review of instances in which Federal 
        Air Marshal Service officials obtained discounted or free 
        firearms for personal use;
            (2) information on specific actions that will be taken to 
        prevent Federal Air Marshal Service officials from using their 
        official positions, or exploiting, in any way, the Service's 
        relationships with private vendors to obtain discounted or free 
        firearms for personal use; and
            (3) information on specific actions that will be taken to 
        prevent the Federal Air Marshal Service from misusing Government 
        resources.
SEC. 7. STUDY.

    Not <<NOTE: Deadline.>>  later than 180 days after the date that the 
Assistant Secretary submits the certification to Congress under section 
5(a), the Inspector General of the Department of Homeland Security shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Homeland Security and Governmental 
Affairs of the Senate a study--
            (1) reviewing the employee requirements, responsibilities, 
        and benefits of criminal investigators in the TSA Office of 
        Inspection with criminal investigators employed at agencies 
        adhering to the Office of Personnel Management employee 
        classification system; and
            (2) identifying any inconsistencies and costs implications 
        for differences between the varying employee requirements, 
        responsibilities, and benefits.
SEC. 8. INDEPENDENT AUDIT OF FEDERAL AIR MARSHAL SERVICE PERSONNEL 
                    ISSUES.

    Not <<NOTE: Deadline.>>  later than 180 days after the date of the 
enactment of this Act, the Inspector General shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Commerce, Science, and Transportation and the Committee on 
Homeland Security and Governmental Affairs of the Senate a study that--
            (1) reviews the Federal Air Marshal Service's existing 
        personnel policies and procedures for identifying misuse of 
        Government resources; and

[[Page 129 STAT. 505]]

            (2) reviews the administration of the Federal Air Marshal 
        Service's existing code of conduct or integrity policies with 
        respect to instances of misconduct.

    The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, and out of applicable corporate or 
other revenues, receipts, and funds, for the several departments, 
agencies, corporations, and other organizational units of Government for 
fiscal year 2016, and for other purposes, namely:
    Sec. 101. (a) Such amounts as may be necessary, at a rate for 
operations as provided in the applicable appropriations Acts for fiscal 
year 2015 and under the authority and conditions provided in such Acts, 
for continuing projects or activities (including the costs of direct 
loans and loan guarantees) that are not otherwise specifically provided 
for in this Act, that were conducted in fiscal year 2015, and for which 
appropriations, funds, or other authority were made available in the 
following appropriations Acts:
            (1) The Agriculture, Rural Development, Food and Drug 
        Administration, and Related Agencies Appropriations Act, 2015 
        (division A of Public Law 113-235), except section 743 and title 
        VIII.
            (2) The Commerce, Justice, Science, and Related Agencies 
        Appropriations Act, 2015 (division B of Public Law 113-235).
            (3) The Department of Defense Appropriations Act, 2015 
        (division C of Public Law 113-235), except title X.
            (4) The Energy and Water Development and Related Agencies 
        Appropriations Act, 2015 (division D of Public Law 113-235).
            (5) The Financial Services and General Government 
        Appropriations Act, 2015 (division E of Public Law 113-235).
            (6) The Department of Homeland Security Appropriations Act, 
        2015 (Public Law 114-4).
            (7) The Department of the Interior, Environment, and Related 
        Agencies Appropriations Act, 2015 (division F of Public Law 113-
        235).
            (8) The Departments of Labor, Health and Human Services, and 
        Education, and Related Agencies Appropriations Act, 2015 
        (division G of Public Law 113-235), except title VI.
            (9) The Legislative Branch Appropriations Act, 2015 
        (division H of Public Law 113-235).
            (10) The Military Construction and Veterans Affairs, and 
        Related Agencies Appropriations Act, 2015 (division I of Public 
        Law 113-235).
            (11) The Department of State, Foreign Operations, and 
        Related Programs Appropriations Act, 2015 (division J of Public 
        Law 113-235), except title IX.
            (12) The Transportation, Housing and Urban Development, and 
        Related Agencies Appropriations Act, 2015 (division K of Public 
        Law 113-235).
            (13) Section 11 of the Consolidated and Further Continuing 
        Appropriations Act, 2015 (Public Law 113-235).

    (b) <<NOTE: Rate reduction.>>  The rate for operations provided by 
subsection (a) is hereby reduced by 0.2108 percent.

    Sec. 102. (a) No appropriation or funds made available or authority 
granted pursuant to section 101 for the Department of Defense shall be 
used for: (1) the new production of items not funded for production in 
fiscal year 2015 or prior years; (2) the increase in production rates 
above those sustained with fiscal year

[[Page 129 STAT. 506]]

2015 funds; or (3) the initiation, resumption, or continuation of any 
project, activity, operation, or organization (defined as any project, 
subproject, activity, budget activity, program element, and subprogram 
within a program element, and for any investment items defined as a P-1 
line item in a budget activity within an appropriation account and an R-
1 line item that includes a program element and subprogram element 
within an appropriation account) for which appropriations, funds, or 
other authority were not available during fiscal year 2015.
    (b) <<NOTE: Contracts.>>  No appropriation or funds made available 
or authority granted pursuant to section 101 for the Department of 
Defense shall be used to initiate multi-year procurements utilizing 
advance procurement funding for economic order quantity procurement 
unless specifically appropriated later.

    Sec. 103. Appropriations made by section 101 shall be available to 
the extent and in the manner that would be provided by the pertinent 
appropriations Act.
    Sec. 104. Except as otherwise provided in section 102, no 
appropriation or funds made available or authority granted pursuant to 
section 101 shall be used to initiate or resume any project or activity 
for which appropriations, funds, or other authority were not available 
during fiscal year 2015.
    Sec. 105. Appropriations made and authority granted pursuant to this 
Act shall cover all obligations or expenditures incurred for any project 
or activity during the period for which funds or authority for such 
project or activity are available under this Act.
    Sec. 106. <<NOTE: Expiration date.>>  Unless otherwise provided for 
in this Act or in the applicable appropriations Act for fiscal year 
2016, appropriations and funds made available and authority granted 
pursuant to this Act shall be available until whichever of the following 
first occurs: (1) the enactment into law of an appropriation for any 
project or activity provided for in this Act; (2) the enactment into law 
of the applicable appropriations Act for fiscal year 2016 without any 
provision for such project or activity; or (3) December 11, 2015.

    Sec. 107. Expenditures made pursuant to this Act shall be charged to 
the applicable appropriation, fund, or authorization whenever a bill in 
which such applicable appropriation, fund, or authorization is contained 
is enacted into law.
    Sec. 108. Appropriations made and funds made available by or 
authority granted pursuant to this Act may be used without regard to the 
time limitations for submission and approval of apportionments set forth 
in section 1513 of title 31, United States Code, but nothing in this Act 
may be construed to waive any other provision of law governing the 
apportionment of funds.
    Sec. 109. Notwithstanding any other provision of this Act, except 
section 106, for those programs that would otherwise have high initial 
rates of operation or complete distribution of appropriations at the 
beginning of fiscal year 2016 because of distributions of funding to 
States, foreign countries, grantees, or others, such high initial rates 
of operation or complete distribution shall not be made, and no grants 
shall be awarded for such programs funded by this Act that would impinge 
on final funding prerogatives.
    Sec. 110. This Act shall be implemented so that only the most 
limited funding action of that permitted in the Act shall be taken in 
order to provide for continuation of projects and activities.

[[Page 129 STAT. 507]]

    Sec. 111. (a) For entitlements and other mandatory payments whose 
budget authority was provided in appropriations Acts for fiscal year 
2015, and for activities under the Food and Nutrition Act of 2008, 
activities shall be continued at the rate to maintain program levels 
under current law, under the authority and conditions provided in the 
applicable appropriations Act for fiscal year 2015, to be continued 
through the date specified in section 106(3).
    (b) <<NOTE: Deadline.>>  Notwithstanding section 106, obligations 
for mandatory payments due on or about the first day of any month that 
begins after October 2015 but not later than 30 days after the date 
specified in section 106(3) may continue to be made, and funds shall be 
available for such payments.

    Sec. 112. <<NOTE: Furloughs.>>  Amounts made available under section 
101 for civilian personnel compensation and benefits in each department 
and agency may be apportioned up to the rate for operations necessary to 
avoid furloughs within such department or agency, consistent with the 
applicable appropriations Act for fiscal year 2015, except that such 
authority provided under this section shall not be used until after the 
department or agency has taken all necessary actions to reduce or defer 
non-personnel-related administrative expenses.

    Sec. 113. Funds appropriated by this Act may be obligated and 
expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 
2412), section 15 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) 
of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
    Sec. 114. <<NOTE: Terrorism. Disaster assistance.>>  (a) Each amount 
incorporated by reference in this Act that was previously designated by 
the Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 or as being for disaster relief pursuant to 
section 251(b)(2)(D) of such Act is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A) of such Act or as being for disaster relief 
pursuant to section 251(b)(2)(D) of such Act, respectively.

    (b) The reduction in section 101(b) of this Act shall not apply to--
            (1) amounts designated under subsection (a) of this section; 
        or
            (2) amounts made available by section 101(a) by reference to 
        the second paragraph under the heading ``Social Security 
        Administration--Limitation on Administrative Expenses'' in 
        division G of Public Law 113-235; or
            (3) amounts made available by section 101(a) by reference to 
        the paragraph under the heading ``Centers for Medicare and 
        Medicaid Services--Health Care Fraud and Abuse Control Account'' 
        in division G of Public Law 113-235.

    (c) <<NOTE: Applicability.>>  Section 6 of Public Law 113-235 shall 
apply to amounts designated in subsection (a) for Overseas Contingency 
Operations/Global War on Terrorism.

    Sec. 115. During the period covered by this Act, discretionary 
amounts appropriated for fiscal year 2016 that were provided in advance 
by appropriations Acts shall be available in the amounts provided in 
such Acts, reduced by the percentage in section 101(b).
    Sec. 116. Notwithstanding section 101, amounts are provided for 
``Department of Agriculture--Domestic Food Programs--Food

[[Page 129 STAT. 508]]

and Nutrition Service--Commodity Assistance Program'' at a rate for 
operations of $288,317,000, of which $221,298,000 shall be for the 
Commodity Supplemental Food Program.
    Sec. 117. Amounts made available by section 101 for ``Department of 
Agriculture--Rural Housing Service--Rental Assistance Program'' may be 
apportioned up to the rate for operations necessary to pay ongoing debt 
service for the multi-family direct loan programs under sections 514 and 
515 of the Housing Act of 1949 (42 U.S.C. 1484 and 1485): <<NOTE: Waiver 
authority. Contracts.>>  Provided, That the Secretary may waive the 
prohibition in the second proviso under such heading in division A of 
Public Law 113-235 with respect to rental assistance contracts entered 
into or renewed during fiscal year 2015.

    Sec. 118. Amounts made available by section 101 for ``Department of 
Commerce--National Oceanic and Atmospheric Administration--Procurement, 
Acquisition and Construction'' may be apportioned up to the rate for 
operations necessary to maintain the planned launch schedules for the 
Joint Polar Satellite System.
    Sec. 119. <<NOTE: Time period.>>  (a) The first proviso under the 
heading ``United States Marshals Service--Federal Prisoner Detention'' 
in title II of division B of Public Law 113-235 shall not apply during 
the period covered by this Act.

    (b) The limitation in section 217(c) of division B of Public Law 
113-235 on the amount of excess unobligated balances available under 
section 524(c)(8)(E) of title 28, United States Code, shall not apply 
under this Act to the use of such funds for ``United States Marshals 
Service--Federal Prisoner Detention''.
    Sec. 120. <<NOTE: Contracts. Extension date.>>  (a) The authority 
regarding closeout of Space Shuttle contracts and associated programs 
provided by language under the heading ``National Aeronautics and Space 
Administration--Administrative Provisions'' in the Omnibus 
Appropriations Act, 2009 (Public Law 111-8) shall continue in effect 
through fiscal year 2021.

    (b) <<NOTE: Applicability. Effective date.>>  This section shall be 
applied as if it were in effect on September 30, 2015.

    Sec. 121. <<NOTE: Grants.>>  (a) Notwithstanding section 1552 of 
title 31, United States Code, funds made available, including funds that 
have expired but have not been cancelled, and identified by Treasury 
Appropriation Fund Symbol 13-09/10-0554 shall remain available for 
expenditure through fiscal year 2020 for the purpose of liquidating 
valid obligations of active grants.

    (b) For the purpose of subsection (a), grants for which the period 
of performance has expired but are not finally closed out shall be 
considered active grants.
    (c) <<NOTE: Applicability. Effective date.>>  This section shall be 
applied as if it were in effect on September 30, 2015.

    Sec. 122. <<NOTE: Applicability.>>  The following provisions shall 
be applied by substituting ``2016'' for ``2015'' through the earlier of 
the date specified in section 106(3) of this Act or the date of the 
enactment of an Act authorizing appropriations for fiscal year 2016 for 
military activities of the Department of Defense:
            (1) Section 1215(f)(1) of the National Defense Authorization 
        Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 113 
        note), as most recently amended by section 1237 of the Carl 
        Levin and Howard P. ``Buck'' McKeon National Defense 
        Authorization Act for Fiscal Year 2015 (Public Law 113-291).
            (2) Section 127b(c)(3)(C) of title 10, United States Code.

[[Page 129 STAT. 509]]

    Sec. 123. (a) Funds made available by section 101 for ``Department 
of Energy--Energy Programs--Uranium Enrichment Decontamination and 
Decommissioning Fund'' may be apportioned up to the rate for operations 
necessary to avoid disruption of continuing projects or activities 
funded in this appropriation.
    (b) <<NOTE: Notification. Deadline.>>  The Secretary of Energy shall 
notify the Committees on Appropriations of the House of Representatives 
and the Senate not later than 3 days after each use of the authority 
provided in subsection (a).

    Sec. 124. Notwithstanding any other provision of this Act, except 
section 106, the District of Columbia may expend local funds under the 
heading ``District of Columbia Funds'' for such programs and activities 
under the District of Columbia Appropriations Act, 2015 (title IV of 
division E of Public Law 113-235) at the rate set forth under ``District 
of Columbia Funds--Summary of Expenses'' as included in the Fiscal Year 
2016 Budget Request Act of 2015 (D.C. Act 21-99), as modified as of the 
date of the enactment of this Act.
    Sec. 125. Notwithstanding section 101, no funds are provided by this 
Act for ``Recovery Accountability and Transparency Board--Salaries and 
Expenses''.
    Sec. 126. Amounts made available by section 101 for ``Small Business 
Administration--Business Loans Program Account'' may be apportioned up 
to the rate for operations necessary to accommodate increased demand for 
commitments for general business loans authorized under section 7(a) of 
the Small Business Act (15 U.S.C. 636(a)).
    Sec. 127. <<NOTE: Applicability. Extension date.>>  Sections 1101(a) 
and 1104(a)(2)(A) of the Internet Tax Freedom Act (title XI of division 
C of Public Law 105-277; 47 U.S.C. 151 note) shall be applied by 
substituting the date specified in section 106(3) of this Act for 
``October 1, 2015''.

    Sec. 128. <<NOTE: Applicability.>>  Section 101 shall be applied by 
assuming that section 7 of Public Law 113-235 was enacted as part of 
title VII of division E of Public Law 113-235.

    Sec. 129. <<NOTE: Extension date.>>  The authority provided by 
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) shall 
continue in effect through the date specified in section 106(3) of this 
Act.

    Sec. 130. <<NOTE: Applicability. Extension date.>>  Section 401(b) 
of the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note) shall be applied by substituting the date 
specified in section 106(3) of this Act for ``September 30, 2015''.

    Sec. 131. <<NOTE: Applicability. Extension date.>>  Section 610(b) 
of the Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be 
applied by substituting the date specified in section 106(3) of this Act 
for ``September 30, 2015''.

    Sec. 132. <<NOTE: Applicability. Extension date.>>  Subclauses 
101(a)(27)(C)(ii)(II) and (III) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(27)(C)(ii)(II) and (III)) shall be applied by 
substituting the date specified in section 106(3) of this Act for 
``September 30, 2015''.

    Sec. 133. <<NOTE: Applicability. Extension date.>>  Section 220(c) 
of the Immigration and Nationality Technical Corrections Act of 1994 (8 
U.S.C. 1182 note) shall be applied by substituting the date specified in 
section 106(3) of this Act for ``September 30, 2015''.

    Sec. 134. Section 810 of the Federal Lands Recreation Enhancement 
Act (16 U.S.C. 6809) is amended by striking all that follows after 
``shall terminate'' and inserting ``September 30, 2017.''.

[[Page 129 STAT. 510]]

    Sec. 135. In addition to the amount otherwise provided by section 
101 for ``Department of Agriculture--Forest Service--Wildland Fire 
Management'', there is appropriated $700,000,000 for an additional 
amount for fiscal year 2016, to remain available until expended, for 
urgent wildland fire suppression <<NOTE: Wildland 
fires. Notification.>>  activities: Provided, That such funds shall only 
become available if funds previously provided for wildland fire 
suppression will be exhausted imminently and the Secretary of 
Agriculture notifies the Committees on Appropriations of the House of 
Representatives and the Senate in writing of the need for these 
additional funds: Provided further, That such funds are also available 
for transfer to other appropriations accounts to repay amounts 
previously transferred for wildfire 
suppression: <<NOTE: President. Designation.>>  Provided further, That 
such amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, except that such amount shall be available 
only if the President subsequently so designates such amount and 
transmits such designation to the Congress.

    Sec. 136. <<NOTE: Extension date.>>  The authorities provided by 
sections 117 and 123 of division G of Public Law 113-76 shall continue 
in effect through the date specified in section 106(3) of this Act.

    Sec. 137. <<NOTE: Extension date.>>  (a) The authority provided by 
subsection (m)(3) of section 8162 of the Department of Defense 
Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106-79) shall 
continue in effect through the date specified in section 106(3) of this 
Act.

    (b) <<NOTE: Time period.>>  For the period covered by this Act, the 
authority provided by the provisos under the heading ``Dwight D. 
Eisenhower Memorial Commission--Capital Construction'' in division E of 
Public Law 112-74 shall not be in effect.

    Sec. 138. Section 3096(2) of the Carl Levin and Howard P. ``Buck'' 
McKeon National Defense Authorization Act for Fiscal Year 2015 is 
amended <<NOTE: 128 Stat. 3882.>>  by inserting ``for fiscal year 2015'' 
after ``$37,000,000''.

    Sec. 139. Funds made available in prior appropriations Acts for 
construction and renovation of facilities for the Centers for Disease 
Control and Prevention may also be used for construction on leased land.
    Sec. 140. Subsection (b) of section 163 of Public Law 111-242, as 
amended, <<NOTE: 20 USC 7801 note.>>  is further amended by striking 
``2015-2016'' and inserting ``2016-2017''.

    Sec. 141. <<NOTE: Applicability.>>  Section 101 shall be applied by 
assuming that section 139 of Public Law 113-164 was enacted as part of 
division G of Public Law 113-235, and section 139 of Public Law 113-164 
shall be applied by adding at the end the following: ``and of the 
unobligated balance of amounts deposited or available in the Child 
Enrollment Contingency Fund from appropriations to the Fund under 
section 2104(n)(2)(A)(i) of the Social Security Act and the income 
derived from investment of those funds pursuant to 2104(n)(2)(C) of that 
Act, $1,664,000,000 is rescinded''.

    Sec. 142. <<NOTE: Applicability. Extension date.>>  Section 114(f) 
of the Higher Education Act of 1965 (20 U.S.C. 1011c(f)) shall be 
applied by substituting the date specified in section 106(3) of this Act 
for ``September 30, 2015''.

    Sec. 143. Notwithstanding any other provision of this Act, there is 
appropriated for payment to Tori B. Nunnelee, widow of Alan Nunnelee, 
late a Representative from the State of Mississippi, $174,000.

[[Page 129 STAT. 511]]

    Sec. 144. Of the discretionary unobligated balances of the 
Department of Veterans Affairs from fiscal year 2015 or prior fiscal 
years, or discretionary amounts appropriated in advance for fiscal year 
2016, the Secretary of Veterans Affairs may transfer up to $625,000,000 
to ``Department of Veterans Affairs--Departmental Administration--
Construction, Major Projects'', to be merged with the amounts available 
in such account: Provided, That no amounts may be transferred from 
amounts that were designated by the Congress as an emergency requirement 
pursuant to the Concurrent Resolution on the Budget, the Balanced Budget 
and Emergency Deficit Control Act of 1985, or the Statutory Pay-As-You-
Go Act of 2010: <<NOTE: Transfer request.>>  Provided further, That no 
amounts may be transferred until the Secretary submits to the Committees 
on Appropriations of the House of Representatives and the Senate a 
request for, and receives from the Committees written approval of, such 
transfers: Provided further, That the Secretary shall specify in such 
request the donor account and amount of each proposed transfer, the 
fiscal year of each appropriation to be transferred, the amount of 
unobligated balances remaining in the account after the transfer, and 
the project or program impact of the transfer.

    Sec. 145. Notwithstanding section 101, amounts are provided for 
``Department of Veterans Affairs--Departmental Administration--General 
Operating Expenses, Veterans Benefits Administration'' at a rate for 
operations of $2,697,734,000.
    Sec. 146. Notwithstanding section 101, section 226(a) of division I 
of Public Law 113-235 shall be applied to amounts made available by this 
Act by substituting ``division I of Public Law 113-235'' for ``division 
J of Public Law 113-76'' and by substituting ``2015'' for ``2014''.
    Sec. 147. <<NOTE: Applicability. Extension date.>>  Section 209 of 
the International Religious Freedom Act of 1998 (22 U.S.C. 6436) shall 
be applied by substituting the date specified in section 106(3) of this 
Act for ``September 30, 2015''.

    Sec. 148. Amounts made available by section 101 for ``Broadcasting 
Board of Governors--International Broadcasting Operations'', ``Bilateral 
Economic Assistance--Funds Appropriated to the President--Economic 
Support Fund'', ``International Security Assistance--Department of 
State--International Narcotics Control and Law Enforcement'', 
``International Security Assistance--Department of State--
Nonproliferation, Anti-terrorism, Demining and Related Programs'', and 
``International Security Assistance--Funds Appropriated to the 
President--Foreign Military Financing Program'' shall be obligated at a 
rate for operations as necessary to sustain assistance for Ukraine to 
counter external, regional aggression and influence, including for the 
costs of authorized loan guarantees.
    Sec. 149. <<NOTE: Applicability.>>  Section 1334 of the Foreign 
Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6553) shall be 
applied by substituting the date specified in section 106(3) of this Act 
for ``October 1, 2015''.

    Sec. 150. (a) Funds made available by section 101 for ``Department 
of Housing and Urban Development--Management and Administration--
Administrative Support Offices'' may be apportioned up to the rate for 
operations necessary to maintain the planned schedule for the New Core 
Shared Services Project.
    (b) <<NOTE: Deadline.>>  Not later than 3 days before the first use 
of the apportionment authority in subsection (a), each 30 days 
thereafter, and 3 days after the authority expires under this Act, the 
Secretary

[[Page 129 STAT. 512]]

of Housing and Urban Development shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
specifying each use of the authority through the date of the report.

    This Act may be cited as the ``Continuing Appropriations Act, 
2016''.

    Approved September 30, 2015.

LEGISLATIVE HISTORY--H.R. 719:
---------------------------------------------------------------------------

SENATE REPORTS: No. 114-111 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD, Vol. 161 (2015):
            Feb. 10, considered and passed House.
            Sept. 17, considered and passed Senate, amended.
            Sept. 24, House concurred in Senate amendment with an 
                amendment pursuant to H. Res. 434. Senate considered 
                concurring in House amendment with an amendment.
            Sept. 28, 29, Senate considered concurring in House 
                amendment with an amendment.
            Sept. 30, Senate considered and concurred in House amendment 
                with an amendment. House concurred in Senate amendment.

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