Statutory Language

H. R. 2029

One Hundred Fourteenth Congress
of the
United States of America
AT T H E F I R S T S E S S I O N
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and fifteen

An Act
Making appropriations for military construction, the Department of Veterans Affairs,
and related agencies for the fiscal year ending September 30, 2016, and for
other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Consolidated Appropriations
Act, 2016’’.
SEC. 2. TABLE OF CONTENTS.

The table of contents of this Act is as follows:
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1.
2.
3.
4.
5.
6.
7.
8.
9.

Short title.
Table of contents.
References.
Explanatory statement.
Statement of appropriations.
Availability of funds.
Technical allowance for estimating differences.
Corrections.
Adjustments to compensation.

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
Title I—Agricultural Programs
Title II—Conservation Programs
Title III—Rural Development Programs
Title IV—Domestic Food Programs
Title V—Foreign Assistance and Related Programs
Title VI—Related Agencies and Food and Drug Administration
Title VII—General Provisions
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
Title I—Department of Commerce
Title II—Department of Justice
Title III—Science
Title IV—Related Agencies
Title V—General Provisions
DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2016
Title I—Military Personnel
Title II—Operation and Maintenance
Title III—Procurement
Title IV—Research, Development, Test and Evaluation
Title V—Revolving and Management Funds
Title VI—Other Department of Defense Programs
Title VII—Related Agencies
Title VIII—General Provisions
Title IX—Overseas Contingency Operations/Global War on Terrorism

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DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
Title I—Corps of Engineers—Civil
Title II—Department of the Interior
Title III—Department of Energy
Title IV—Independent Agencies
Title V—General Provisions

Title
Title
Title
Title
Title
Title
Title
Title

DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2016
I—Department of the Treasury
II—Executive Office of the President and Funds Appropriated to the President
III—The Judiciary
IV—District of Columbia
V—Independent Agencies
VI—General Provisions—This Act
VII—General Provisions—Government-wide
VIII—General Provisions—District of Columbia

DIVISION F—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS
ACT, 2016
Title I—Departmental Management and Operations
Title II—Security, Enforcement, and Investigations
Title III—Protection, Preparedness, Response, and Recovery
Title IV—Research, Development, Training, and Services
Title V—General Provisions
DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2016
Title I—Department of the Interior
Title II—Environmental Protection Agency
Title III—Related Agencies
Title IV—General Provisions
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
Title I—Department of Labor
Title II—Department of Health and Human Services
Title III—Department of Education
Title IV—Related Agencies
Title V—General Provisions
DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2016
Title I—Legislative Branch
Title II—General Provisions
DIVISION J—MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2016
Title I—Department of Defense
Title II—Department of Veterans Affairs
Title III—Related Agencies
Title IV—General Provisions
DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS APPROPRIATIONS ACT, 2016
Title I—Department of State and Related Agency
Title II—United States Agency for International Development
Title III—Bilateral Economic Assistance
Title IV—International Security Assistance
Title V—Multilateral Assistance
Title VI—Export and Investment Assistance
Title VII—General Provisions
Title VIII—Overseas Contingency Operations/Global War on Terrorism
Title IX—Other Matters
DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
Title I—Department of Transportation

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Title II—Department of Housing and Urban Development
Title III—Related Agencies
Title IV—General Provisions—This Act
DIVISION M—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016
DIVISION N—CYBERSECURITY ACT OF 2015
DIVISION O—OTHER MATTERS
DIVISION P—TAX-RELATED PROVISIONS
DIVISION Q—PROTECTING AMERICANS FROM TAX HIKES ACT OF 2015
SEC. 3. REFERENCES.

Except as expressly provided otherwise, any reference to ‘‘this
Act’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.

The explanatory statement regarding this Act, printed in the
House of Representatives section of the Congressional Record on
or about December 17, 2015 by the Chairman of the Committee
on Appropriations of the House, shall have the same effect with
respect to the allocation of funds and implementation of divisions
A through L of this Act as if it were a joint explanatory statement
of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.

The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2016.
SEC. 6. AVAILABILITY OF FUNDS.

Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant
to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 shall be available (or rescinded, if
applicable) only if the President subsequently so designates all
such amounts and transmits such designations to the Congress.
SEC. 7. TECHNICAL ALLOWANCE FOR ESTIMATING DIFFERENCES.

If, for fiscal year 2016, new budget authority provided in appropriations Acts exceeds the discretionary spending limit for any
category set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 due to estimating differences
with the Congressional Budget Office, an adjustment to the discretionary spending limit in such category for fiscal year 2016 shall
be made by the Director of the Office of Management and Budget
in the amount of the excess but the total of all such adjustments
shall not exceed 0.2 percent of the sum of the adjusted discretionary
spending limits for all categories for that fiscal year.
SEC. 8. CORRECTIONS.

The Continuing Appropriations Act, 2016 (Public Law 114–
53) is amended—
(1) by changing the long title so as to read: ‘‘Making continuing appropriations for the fiscal year ending September
30, 2016, and for other purposes.’’;
(2) by inserting after the enacting clause (before section
1) the following: ‘‘DIVISION A—TSA OFFICE OF INSPECTION ACCOUNTABILITY ACT OF 2015’’;

H. R. 2029—4
(3) by inserting after section 8 (before the statement of
appropriations) the following: ‘‘DIVISION B—CONTINUING
APPROPRIATIONS RESOLUTION, 2016’’; and
(4) by inserting after section 150 (before the short title)
the following new section: ‘‘SEC. 151. Except as expressly provided otherwise, any reference in this division to ‘this Act’
shall be treated as referring only to the provisions of this
division.’’.
SEC. 9. ADJUSTMENTS TO COMPENSATION.

Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments
for Members of Congress) during fiscal year 2016.
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT,
FOOD AND DRUG ADMINISTRATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
AGRICULTURAL PROGRAMS
PRODUCTION, PROCESSING,
OFFICE

OF THE

AND

MARKETING

SECRETARY

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of the Secretary,
$45,555,000, of which not to exceed $5,051,000 shall be available
for the immediate Office of the Secretary, of which not to exceed
$250,000 shall be available for the Military Veterans Agricultural
Liaison; not to exceed $502,000 shall be available for the Office
of Tribal Relations; not to exceed $1,496,000 shall be available
for the Office of Homeland Security and Emergency Coordination;
not to exceed $1,209,000 shall be available for the Office of Advocacy
and Outreach; not to exceed $25,928,000 shall be available for
the Office of the Assistant Secretary for Administration, of which
$25,124,000 shall be available for Departmental Administration
to provide for necessary expenses for management support services
to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and
expenses not otherwise provided for and necessary for the practical
and efficient work of the Department; not to exceed $3,869,000
shall be available for the Office of Assistant Secretary for Congressional Relations to carry out the programs funded by this Act,
including programs involving intergovernmental affairs and liaison
within the executive branch; and not to exceed $7,500,000 shall
be available for the Office of Communications: Provided, That the
Secretary of Agriculture is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other office
of the Office of the Secretary: Provided further, That no appropriation for any office shall be increased or decreased by more than
5 percent: Provided further, That not to exceed $11,000 of the
amount made available under this paragraph for the immediate
Office of the Secretary shall be available for official reception and
representation expenses, not otherwise provided for, as determined

H. R. 2029—5
by the Secretary: Provided further, That the amount made available
under this heading for Departmental Administration shall be
reimbursed from applicable appropriations in this Act for travel
expenses incident to the holding of hearings as required by 5
U.S.C. 551–558: Provided further, That funds made available under
this heading for the Office of the Assistant Secretary for Congressional Relations may be transferred to agencies of the Department
of Agriculture funded by this Act to maintain personnel at the
agency level: Provided further, That no funds made available under
this heading for the Office of Assistant Secretary for Congressional
Relations may be obligated after 30 days from the date of enactment
of this Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation of
these funds by USDA agency: Provided further, That within 180
days of the date of enactment of this Act, the Secretary shall
submit to Congress the report required in section 7 U.S.C.
6935(b)(3).
EXECUTIVE OPERATIONS
OFFICE OF THE CHIEF ECONOMIST

For necessary expenses of the Office of the Chief Economist,
$17,777,000, of which $4,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155, and of which
$1,000,000, to remain available until September 30, 2017, shall
be for the purpose set forth under this heading in the explanatory
statement described in section 4 (in the matter preceding division
A of the consolidated Act).
NATIONAL APPEALS DIVISION

For necessary expenses of the National Appeals Division,
$13,317,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and Program
Analysis, $9,392,000.
OFFICE

OF THE

CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information
Officer, $44,538,000, of which not less than $28,000,000 is for
cybersecurity requirements of the Department.
OFFICE

OF THE

CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial
Officer, $6,028,000.
OFFICE

OF THE

ASSISTANT SECRETARY

FOR

CIVIL RIGHTS

For necessary expenses of the Office of the Assistant Secretary
for Civil Rights, $898,000.

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OFFICE
For necessary
$24,070,000.

OF

expenses

CIVIL RIGHTS
of

the

AGRICULTURE BUILDINGS

Office

AND

of

Civil

Rights,

FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

For payment of space rental and related costs pursuant to
Public Law 92–313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General Services
to the Department of Agriculture under 40 U.S.C. 121, for programs
and activities of the Department which are included in this Act,
and for alterations and other actions needed for the Department
and its agencies to consolidate unneeded space into configurations
suitable for release to the Administrator of General Services, and
for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $64,189,000,
to remain available until expended, for buildings operations and
maintenance expenses: Provided, That the Secretary may use
unobligated prior year balances of an agency or office that are
no longer available for new obligation to cover shortfalls incurred
in prior or current year rental payments for such agency or office.
HAZARDOUS MATERIALS MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the
Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.),
$3,618,000, to remain available until expended: Provided, That
appropriations and funds available herein to the Department for
Hazardous Materials Management may be transferred to any
agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
OFFICE

OF INSPECTOR

GENERAL

For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978, $95,738,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General
Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants,
to be expended under the direction of the Inspector General pursuant to Public Law 95–452 and section 1337 of Public Law 97–
98.
OFFICE

OF THE

GENERAL COUNSEL

For necessary expenses of the Office of the General Counsel,
$44,383,000.

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OFFICE

OF

ETHICS

For necessary expenses of the Office of Ethics, $3,654,000.
OFFICE

OF THE

UNDER SECRETARY FOR RESEARCH, EDUCATION,
ECONOMICS

AND

For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $893,000.
ECONOMIC RESEARCH SERVICE
For necessary expenses of the Economic Research Service,
$85,373,000.
NATIONAL AGRICULTURAL STATISTICS SERVICE
For necessary expenses of the National Agricultural Statistics
Service, $168,443,000, of which up to $42,177,000 shall be available
until expended for the Census of Agriculture: Provided, That
amounts made available for the Census of Agriculture may be
used to conduct Current Industrial Report surveys subject to 7
U.S.C. 2204g(d) and (f).
AGRICULTURAL RESEARCH SERVICE
SALARIES AND EXPENSES

For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be
equalized by a payment of money to the grantor which shall not
exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,143,825,000: Provided, That
appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one
for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one building
shall not exceed $375,000, except for headhouses or greenhouses
which shall each be limited to $1,200,000, and except for 10
buildings to be constructed or improved at a cost not to exceed
$750,000 each, and the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current replacement value of the building or $375,000, whichever is greater: Provided further, That the limitations on alterations contained in this
Act shall not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the
Beltsville Agricultural Research Center: Provided further, That the
foregoing limitations shall not apply to replacement of buildings
needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a):
Provided further, That appropriations hereunder shall be available
for granting easements at any Agricultural Research Service location for the construction of a research facility by a non-Federal
entity for use by, and acceptable to, the Agricultural Research

H. R. 2029—8
Service and a condition of the easements shall be that upon completion the facility shall be accepted by the Secretary, subject to
the availability of funds herein, if the Secretary finds that acceptance of the facility is in the interest of the United States: Provided
further, That funds may be received from any State, other political
subdivision, organization, or individual for the purpose of establishing or operating any research facility or research project of
the Agricultural Research Service, as authorized by law: Provided
further, That of the appropriations hereunder, $57,192,000 may
not be obligated until 30 days after the Secretary of Agriculture
certifies in writing to the Committees on Appropriations of both
Houses of Congress that the Agricultural Research Service has
updated its animal care policies and that all Agricultural Research
Service research facilities at which animal research is conducted
have a fully functioning Institutional Animal Care and Use Committee, including all appropriate and necessary record keeping:
Provided further, That such certification shall set forth in detail
the factual basis for the certification and the Department’s plan
for ensuring these changes are maintained in the future: Provided
further, That such certification shall be subject to prior consultation
with the Committees on Appropriations of both Houses of Congress.
BUILDINGS AND FACILITIES

For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities
as necessary to carry out the agricultural research programs of
the Department of Agriculture, where not otherwise provided,
$212,101,000 to remain available until expended.
NATIONAL INSTITUTE

OF

FOOD

AND

AGRICULTURE

RESEARCH AND EDUCATION ACTIVITIES

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other
expenses, $819,685,000, which shall be for the purposes, and in
the amounts, specified in the table titled ‘‘National Institute of
Food and Agriculture, Research and Education Activities’’ in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funds
for research grants for 1994 institutions, education grants for 1890
institutions, capacity building for non-land-grant colleges of agriculture, the agriculture and food research initiative, veterinary
medicine loan repayment, multicultural scholars, graduate fellowship and institution challenge grants, and grants management systems shall remain available until expended: Provided further, That
each institution eligible to receive funds under the Evans-Allen
program receives no less than $1,000,000: Provided further, That
funds for education grants for Alaska Native and Native Hawaiianserving institutions be made available to individual eligible institutions or consortia of eligible institutions with funds awarded equally
to each of the States of Alaska and Hawaii: Provided further,
That funds for education grants for 1890 institutions shall be made
available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent
of the amounts made available by this or any other Act to carry
out the Agriculture and Food Research Initiative under 7 U.S.C.

H. R. 2029—9
450i(b) may be retained by the Secretary of Agriculture to pay
administrative costs incurred by the Secretary in carrying out that
authority.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

For the Native American Institutions Endowment Fund authorized by Public Law 103–382 (7 U.S.C. 301 note), $11,880,000, to
remain available until expended.
EXTENSION ACTIVITIES

For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $475,891,000, which shall be for the purposes,
and in the amounts, specified in the table titled ‘‘National Institute
of Food and Agriculture, Extension Activities’’ in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That funds for facility improvements at 1890 institutions shall remain available until expended:
Provided further, That institutions eligible to receive funds under
7 U.S.C. 3221 for cooperative extension receive no less than
$1,000,000: Provided further, That funds for cooperative extension
under sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b)
and (c)) and section 208(c) of Public Law 93–471 shall be available
for retirement and employees’ compensation costs for extension
agents.
INTEGRATED ACTIVITIES

For the integrated research, education, and extension grants
programs,
including
necessary
administrative
expenses,
$30,900,000, which shall be for the purposes, and in the amounts,
specified in the table titled ‘‘National Institute of Food and Agriculture, Integrated Activities’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for the Food and Agriculture
Defense Initiative shall remain available until September 30, 2017:
Provided further, That notwithstanding any other provision of law,
indirect costs shall not be charged against any Extension
Implementation Program Area grant awarded under the Crop
Protection/Pest Management Program (7 U.S.C. 7626).
OFFICE

OF THE

UNDER SECRETARY FOR MARKETING
REGULATORY PROGRAMS

AND

For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $893,000.
ANIMAL

AND

PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances
and for expenses pursuant to the Foreign Service Act of 1980

H. R. 2029—10
(22 U.S.C. 4085), $894,415,000, of which $470,000, to remain available until expended, shall be available for the control of outbreaks
of insects, plant diseases, animal diseases and for control of pest
animals and birds (‘‘contingency fund’’) to the extent necessary
to meet emergency conditions; of which $11,520,000, to remain
available until expended, shall be used for the cotton pests program
for cost share purposes or for debt retirement for active eradication
zones; of which $35,339,000, to remain available until expended,
shall be for Animal Health Technical Services; of which $697,000
shall be for activities under the authority of the Horse Protection
Act of 1970, as amended (15 U.S.C. 1831); of which $55,340,000,
to remain available until expended, shall be used to support avian
health; of which $4,251,000, to remain available until expended,
shall be for information technology infrastructure; of which
$158,000,000, to remain available until expended, shall be for specialty crop pests; of which, $8,826,000, to remain available until
expended, shall be for field crop and rangeland ecosystem pests;
of which $54,000,000, to remain available until expended, shall
be for tree and wood pests; of which $3,973,000, to remain available
until expended, shall be for the National Veterinary Stockpile;
of which up to $1,500,000, to remain available until expended,
shall be for the scrapie program for indemnities; of which
$2,500,000, to remain available until expended, shall be for the
wildlife damage management program for aviation safety: Provided,
That of amounts available under this heading for wildlife services
methods development, $1,000,000 shall remain available until
expended: Provided further, That of amounts available under this
heading for the screwworm program, $4,990,000 shall remain available until expended: Provided further, That no funds shall be used
to formulate or administer a brucellosis eradication program for
the current fiscal year that does not require minimum matching
by the States of at least 40 percent: Provided further, That this
appropriation shall be available for the operation and maintenance
of aircraft and the purchase of not to exceed five, of which two
shall be for replacement only: Provided further, That in addition,
in emergencies which threaten any segment of the agricultural
production industry of this country, the Secretary may transfer
from other appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest
and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7
U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant
Protection Act (7 U.S.C. 7751 and 7772), and any unexpended
balances of funds transferred for such emergency purposes in the
preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall
be available pursuant to law (7 U.S.C. 2250) for the repair and
alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
In fiscal year 2016, the agency is authorized to collect fees
to cover the total costs of providing technical assistance, goods,
or services requested by States, other political subdivisions,
domestic and international organizations, foreign governments, or

H. R. 2029—11
individuals, provided that such fees are structured such that any
entity’s liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the agency,
and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing
such assistance, goods, or services.
BUILDINGS AND FACILITIES

For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C. 428a,
$3,175,000, to remain available until expended.
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES

For necessary expenses of the Agricultural Marketing Service,
$81,223,000: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $60,982,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses:
Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Committees on Appropriations
of both Houses of Congress.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY
(SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)

Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of Commerce
as authorized by the Fish and Wildlife Act of August 8, 1956;
(2) transfers otherwise provided in this Act; and (3) not more
than $20,489,000 for formulation and administration of marketing
agreements and orders pursuant to the Agricultural Marketing
Agreement Act of 1937 and the Agricultural Act of 1961.
PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1623(b)), $1,235,000.

H. R. 2029—12
GRAIN INSPECTION, PACKERS

AND

STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $43,057,000: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

Not to exceed $55,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing
services: Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur,
this limitation may be exceeded by up to 10 percent with notification
to the Committees on Appropriations of both Houses of Congress.
OFFICE

OF THE

UNDER SECRETARY

FOR

FOOD SAFETY

For necessary expenses of the Office of the Under Secretary
for Food Safety, $816,000.
FOOD SAFETY

AND INSPECTION

SERVICE

For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products Inspection
Act, and the Egg Products Inspection Act, including not to exceed
$50,000 for representation allowances and for expenses pursuant
to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$1,014,871,000; and in addition, $1,000,000 may be credited to
this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That
funds provided for the Public Health Data Communication Infrastructure system shall remain available until expended: Provided
further, That no fewer than 148 full-time equivalent positions shall
be employed during fiscal year 2016 for purposes dedicated solely
to inspections and enforcement related to the Humane Methods
of Slaughter Act: Provided further, That the Food Safety and Inspection Service shall continue implementation of section 11016 of
Public Law 110–246 as further clarified by the amendments made
in section 12106 of Public Law 113–79: Provided further, That
this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements,
but the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value of
the building.
OFFICE

OF THE

UNDER SECRETARY FOR FARM
AGRICULTURAL SERVICES

AND

FOREIGN

For necessary expenses of the Office of the Under Secretary
for Farm and Foreign Agricultural Services, $898,000.

H. R. 2029—13
FARM SERVICE AGENCY
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Farm Service Agency,
$1,200,180,000: Provided, That not more than 50 percent of the
$129,546,000 made available under this heading for information
technology related to farm program delivery, including the Modernize and Innovate the Delivery of Agricultural Systems and other
farm program delivery systems, may be obligated until the Secretary
submits to the Committees on Appropriations of both Houses of
Congress a plan for expenditure that (1) identifies for each project/
investment over $25,000 (a) the functional and performance
capabilities to be delivered and the mission benefits to be realized,
(b) the estimated lifecycle cost, including estimates for development
as well as maintenance and operations, and (c) key milestones
to be met; (2) demonstrates that each project/investment is, (a)
consistent with the Farm Service Agency Information Technology
Roadmap, (b) being managed in accordance with applicable lifecycle
management policies and guidance, and (c) subject to the applicable
Department’s capital planning and investment control requirements; and (3) has been reviewed by the Government Accountability
Office and approved by the Committees on Appropriations of both
Houses of Congress: Provided further, That the agency shall submit
a report by the end of the fourth quarter of fiscal year 2016
to the Committees on Appropriations and the Government Accountability Office, that identifies for each project/investment that is
operational (a) current performance against key indicators of customer satisfaction, (b) current performance of service level agreements or other technical metrics, (c) current performance against
a pre-established cost baseline, (d) a detailed breakdown of current
and planned spending on operational enhancements or upgrades,
and (e) an assessment of whether the investment continues to
meet business needs as intended as well as alternatives to the
investment: Provided further, That the Secretary is authorized to
use the services, facilities, and authorities (but not the funds)
of the Commodity Credit Corporation to make program payments
for all programs administered by the Agency: Provided further,
That other funds made available to the Agency for authorized
activities may be advanced to and merged with this account: Provided further, That funds made available to county committees
shall remain available until expended: Provided further, That none
of the funds available to the Farm Service Agency shall be used
to close Farm Service Agency county offices: Provided further, That
none of the funds available to the Farm Service Agency shall
be used to permanently relocate county based employees that would
result in an office with two or fewer employees without prior
notification and approval of the Committees on Appropriations of
both Houses of Congress.
STATE MEDIATION GRANTS

For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101–5106), $3,404,000.

H. R. 2029—14
GRASSROOTS SOURCE WATER PROTECTION PROGRAM

For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act
of 1985 (16 U.S.C. 3839bb–2), $6,500,000, to remain available until
expended.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses involved in making indemnity payments
to dairy farmers and manufacturers of dairy products under a
dairy indemnity program, such sums as may be necessary, to remain
available until expended: Provided, That such program is carried
out by the Secretary in the same manner as the dairy indemnity
program described in the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106–387, 114 Stat. 1549A–12).
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating
(7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961
et seq.), Indian tribe land acquisition loans (25 U.S.C. 488), boll
weevil loans (7 U.S.C. 1989), guaranteed conservation loans (7
U.S.C. 1924 et seq.), and Indian highly fractionated land loans
(25 U.S.C. 488) to be available from funds in the Agricultural
Credit Insurance Fund, as follows: $2,000,000,000 for guaranteed
farm ownership loans and $1,500,000,000 for farm ownership direct
loans; $1,393,443,000 for unsubsidized guaranteed operating loans
and $1,252,004,000 for direct operating loans; emergency loans,
$34,667,000; Indian tribe land acquisition loans, $2,000,000;
guaranteed conservation loans, $150,000,000; Indian highly
fractionated land loans, $10,000,000; and for boll weevil eradication
program loans, $60,000,000: Provided, That the Secretary shall
deem the pink bollworm to be a boll weevil for the purpose of
boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, as follows: farm operating
loans, $53,961,000 for direct operating loans, $14,352,000 for unsubsidized guaranteed operating loans, and emergency loans,
$1,262,000, to remain available until expended.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $314,918,000, of
which $306,998,000 shall be transferred to and merged with the
appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.
Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on Appropriations
of both Houses of Congress are notified at least 15 days in advance
of any transfer.

H. R. 2029—15
RISK MANAGEMENT AGENCY
SALARIES AND EXPENSES

For necessary expenses of the Risk Management Agency,
$74,829,000: Provided, That not to exceed $1,000 shall be available
for official reception and representation expenses, as authorized
by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord
with law, and to make contracts and commitments without regard
to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying
out the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter provided.
FEDERAL CROP INSURANCE CORPORATION FUND
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary,
to remain available until expended.
COMMODITY CREDIT CORPORATION FUND
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)

For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to section
2 of the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided,
That of the funds available to the Commodity Credit Corporation
under section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i) for the conduct of its business with the Foreign
Agricultural Service, up to $5,000,000 may be transferred to and
used by the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service that
are not related to Commodity Credit Corporation business.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)

For the current fiscal year, the Commodity Credit Corporation
shall not expend more than $5,000,000 for site investigation and
cleanup expenses, and operations and maintenance expenses to
comply with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9607(g)), and section 6001 of the Resource Conservation
and Recovery Act (42 U.S.C. 6961).

H. R. 2029—16
TITLE II
CONSERVATION PROGRAMS
OFFICE

OF THE

UNDER SECRETARY FOR NATURAL RESOURCES
ENVIRONMENT

AND

For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $898,000.
NATURAL RESOURCES CONSERVATION SERVICE
CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation
of conservation plans and establishment of measures to conserve
soil and water (including farm irrigation and land drainage and
such special measures for soil and water management as may
be necessary to prevent floods and the siltation of reservoirs and
to control agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests
therein for use in the plant materials program by donation,
exchange, or purchase at a nominal cost not to exceed $100 pursuant
to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection
or alteration or improvement of permanent and temporary
buildings; and operation and maintenance of aircraft, $850,856,000,
to remain available until September 30, 2017: Provided, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations
and improvements to other buildings and other public improvements
shall not exceed $250,000: Provided further, That when buildings
or other structures are erected on non-Federal land, that the right
to use such land is obtained as provided in 7 U.S.C. 2250a: Provided
further, That of the amounts made available under this heading,
$5,600,000, shall remain available until expended for the authorities
under 16 U.S.C. 1001–1005 and 1007–1009 for authorized ongoing
watershed projects with a primary purpose of providing water to
rural communities: Provided further, That of the amounts made
available under this heading, $5,000,000 shall remain available
until expended for the authorities under section 13 of the Flood
Control Act of December 22, 1944 (Public Law 78–534) for authorized ongoing projects with a primary purpose of watershed protection by stabilizing stream channels, tributaries, and banks to reduce
erosion and sediment transport.
WATERSHED REHABILITATION PROGRAM

Under the authorities of section 14 of the Watershed Protection
and Flood Prevention Act, $12,000,000 is provided.

H. R. 2029—17
TITLE III
RURAL DEVELOPMENT PROGRAMS
OFFICE

OF THE

UNDER SECRETARY

FOR

RURAL DEVELOPMENT

For necessary expenses of the Office of the Under Secretary
for Rural Development, $893,000.
RURAL DEVELOPMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development mission
area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative
agreements; $225,835,000: Provided, That no less than $19,500,000
shall be for the Comprehensive Loan Accounting System: Provided
further, That notwithstanding any other provision of law, funds
appropriated under this heading may be used for advertising and
promotional activities that support the Rural Development mission
area: Provided further, That any balances available from prior
years for the Rural Utilities Service, Rural Housing Service, and
the Rural Business–Cooperative Service salaries and expenses
accounts shall be transferred to and merged with this appropriation.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $900,000,000 shall be for direct loans and
$24,000,000,000 shall be for unsubsidized guaranteed loans;
$26,278,000 for section 504 housing repair loans; $28,398,000 for
section 515 rental housing; $150,000,000 for section 538 guaranteed
multi-family housing loans; $10,000,000 for credit sales of single
family housing acquired property; $5,000,000 for section 523 selfhelp housing land development loans; and $5,000,000 for section
524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $60,750,000
shall be for direct loans; section 504 housing repair loans,
$3,424,000; and repair, rehabilitation, and new construction of section 515 rental housing, $8,414,000: Provided, That to support
the loan program level for section 538 guaranteed loans made
available under this heading the Secretary may charge or adjust
any fees to cover the projected cost of such loan guarantees pursuant
to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661
et seq.), and the interest on such loans may not be subsidized:

H. R. 2029—18
Provided further, That applicants in communities that have a current rural area waiver under section 541 of the Housing Act of
1949 (42 U.S.C. 1490q) shall be treated as living in a rural area
for purposes of section 502 guaranteed loans provided under this
heading: Provided further, That of the amounts available under
this paragraph for section 502 direct loans, no less than $5,000,000
shall be available for direct loans for individuals whose homes
will be built pursuant to a program funded with a mutual and
self-help housing grant authorized by section 523 of the Housing
Act of 1949 until June 1, 2016.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by 42 U.S.C. 1484 and 1486, $15,125,000, to remain
available until expended, for direct farm labor housing loans and
domestic farm labor housing grants and contracts: Provided, That
any balances available for the Farm Labor Program Account shall
be transferred to and merged with this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $417,854,000 shall
be transferred to and merged with the appropriation for ‘‘Rural
Development, Salaries and Expenses’’.
RENTAL ASSISTANCE PROGRAM

For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or agreements
entered into in lieu of debt forgiveness or payments for eligible
households as authorized by section 502(c)(5)(D) of the Housing
Act of 1949, $1,389,695,000; and in addition such sums as may
be necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided,
That rental assistance agreements entered into or renewed during
the current fiscal year shall be funded for a one-year period: Provided further, That any unexpended balances remaining at the
end of such one-year agreements may be transferred and used
for purposes of any debt reduction; maintenance, repair, or
rehabilitation of any existing projects; preservation; and rental
assistance activities authorized under title V of the Act: Provided
further, That rental assistance provided under agreements entered
into prior to fiscal year 2016 for a farm labor multi-family housing
project financed under section 514 or 516 of the Act may not
be recaptured for use in another project until such assistance has
remained unused for a period of 12 consecutive months, if such
project has a waiting list of tenants seeking such assistance or
the project has rental assistance eligible tenants who are not
receiving such assistance: Provided further, That such recaptured
rental assistance shall, to the extent practicable, be applied to
another farm labor multi-family housing project financed under
section 514 or 516 of the Act: Provided further, That of the total
amount provided, up to $75,000,000 shall be available until September 30, 2017, for renewal of rental assistance agreements within
the 12-month contract period: Provided further, That the Secretary
shall provide to the Committees on Appropriations of both Houses
of Congress quarterly reports on the number of renewals approved
pursuant to the preceding proviso, on the amount of rental assistance available, and the anticipated need for rental assistance for
the remainder of the fiscal year: Provided further, That except

H. R. 2029—19
as provided in the second proviso under this heading and notwithstanding any other provision of the Act, the Secretary may recapture
rental assistance provided under agreements entered into prior
to fiscal year 2016 for a project that the Secretary determines
no longer needs rental assistance and use such recaptured funds
for current needs as well as unmet rental assistance needs from
fiscal year 2015.
MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT

For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, and for additional costs to conduct
a demonstration program for the preservation and revitalization
of multi-family rental housing properties described in this paragraph, $37,000,000, to remain available until expended: Provided,
That of the funds made available under this heading, $15,000,000,
shall be available for rural housing vouchers to any low-income
household (including those not receiving rental assistance) residing
in a property financed with a section 515 loan which has been
prepaid after September 30, 2005: Provided further, That the
amount of such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available for
such vouchers shall be subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section 8
housing vouchers administered by the Secretary of the Department
of Housing and Urban Development: Provided further, That if the
Secretary determines that the amount made available for vouchers
in this or any other Act is not needed for vouchers, the Secretary
may use such funds for the demonstration program for the preservation and revitalization of multi-family rental housing properties
described in this paragraph: Provided further, That of the funds
made available under this heading, $22,000,000 shall be available
for a demonstration program for the preservation and revitalization
of the sections 514, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans,
as the Secretary deems appropriate, expressly for the purposes
of ensuring the project has sufficient resources to preserve the
project for the purpose of providing safe and affordable housing
for low-income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating,
reducing or reamortizing loan debt; and other financial assistance
including advances, payments and incentives (including the ability
of owners to obtain reasonable returns on investment) required
by the Secretary: Provided further, That the Secretary shall as
part of the preservation and revitalization agreement obtain a
restrictive use agreement consistent with the terms of the restructuring: Provided further, That if the Secretary determines that
additional funds for vouchers described in this paragraph are
needed, funds for the preservation and revitalization demonstration
program may be used for such vouchers: Provided further, That
if Congress enacts legislation to permanently authorize a multifamily rental housing loan restructuring program similar to the
demonstration program described herein, the Secretary may use

H. R. 2029—20
funds made available for the demonstration program under this
heading to carry out such legislation with the prior approval of
the Committees on Appropriations of both Houses of Congress:
Provided further, That in addition to any other available funds,
the Secretary may expend not more than $1,000,000 total, from
the program funds made available under this heading, for administrative expenses for activities funded under this heading.
MUTUAL AND SELF-HELP HOUSING GRANTS

For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $27,500,000, to remain
available until expended.
RURAL HOUSING ASSISTANCE GRANTS

For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized
by 42 U.S.C. 1474, and 1490m, $32,239,000, to remain available
until expended.
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $2,200,000,000 for direct loans and $148,305,000 for guaranteed
loans.
For the cost of guaranteed loans, including the cost of modifying
loans, as defined in section 502 of the Congressional Budget Act
of 1974, $3,500,000, to remain available until expended.
For the cost of grants for rural community facilities programs
as authorized by section 306 and described in section 381E(d)(1)
of the Consolidated Farm and Rural Development Act, $38,778,000,
to remain available until expended: Provided, That $4,000,000 of
the amount appropriated under this heading shall be available
for a Rural Community Development Initiative: Provided further,
That such funds shall be used solely to develop the capacity and
ability of private, nonprofit community-based housing and community development organizations, low-income rural communities, and
Federally Recognized Native American Tribes to undertake projects
to improve housing, community facilities, community and economic
development projects in rural areas: Provided further, That such
funds shall be made available to qualified private, nonprofit and
public intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further, That such
intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That $5,778,000
of the amount appropriated under this heading shall be to provide
grants for facilities in rural communities with extreme unemployment and severe economic depression (Public Law 106–387), with
up to 5 percent for administration and capacity building in the
State rural development offices: Provided further, That $4,000,000
of the amount appropriated under this heading shall be available
for community facilities grants to tribal colleges, as authorized

H. R. 2029—21
by section 306(a)(19) of such Act: Provided further, That sections
381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under
this heading: Provided further, That for the purposes of determining
eligibility or level of program assistance the Secretary shall not
include incarcerated prison populations.
RURAL BUSINESS—COOPERATIVE SERVICE
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For the cost of loan guarantees and grants, for the rural business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section 310B of
the Consolidated Farm and Rural Development Act, $62,687,000,
to remain available until expended: Provided, That of the amount
appropriated under this heading, not to exceed $500,000 shall be
made available for one grant to a qualified national organization
to provide technical assistance for rural transportation in order
to promote economic development and $3,000,000 shall be for grants
to the Delta Regional Authority (7 U.S.C. 2009aa et seq.) for any
Rural Community Advancement Program purpose as described in
section 381E(d) of the Consolidated Farm and Rural Development
Act, of which not more than 5 percent may be used for administrative expenses: Provided further, That $4,000,000 of the amount
appropriated under this heading shall be for business grants to
benefit Federally Recognized Native American Tribes, including
$250,000 for a grant to a qualified national organization to provide
technical assistance for rural transportation in order to promote
economic development: Provided further, That for purposes of determining eligibility or level of program assistance the Secretary shall
not include incarcerated prison populations: Provided further, That
sections 381E–H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to funds made available under
this heading.
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)

For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $5,217,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
of which $531,000 shall be available through June 30, 2016, for
Federally Recognized Native American Tribes; and of which
$1,021,000 shall be available through June 30, 2016, for Mississippi
Delta Region counties (as determined in accordance with Public
Law 100–460): Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with
the appropriation for ‘‘Rural Development, Salaries and Expenses’’.

H. R. 2029—22
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
(INCLUDING RESCISSION OF FUNDS)

For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural Electrification
Act of 1936, $179,000,000 shall not be obligated and $179,000,000
are rescinded.
RURAL COOPERATIVE DEVELOPMENT GRANTS

For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $22,050,000, of which $2,500,000 shall be
for cooperative agreements for the appropriate technology transfer
for rural areas program: Provided, That not to exceed $3,000,000
shall be for grants for cooperative development centers, individual
cooperatives, or groups of cooperatives that serve socially disadvantaged groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $10,750,000, to
remain available until expended, shall be for value-added agricultural product market development grants, as authorized by section
231 of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a).
RURAL ENERGY FOR AMERICA PROGRAM

For the cost of a program of loan guarantees, under the same
terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107),
$500,000: Provided, That the cost of loan guarantees, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974.
RURAL UTILITIES SERVICE
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, loan guarantees, and grants for
the rural water, waste water, waste disposal, and solid waste
management programs authorized by sections 306, 306A, 306C,
306D, 306E, and 310B and described in sections 306C(a)(2), 306D,
306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $522,365,000, to remain available until expended, of
which not to exceed $1,000,000 shall be available for the rural
utilities program described in section 306(a)(2)(B) of such Act, and
of which not to exceed $993,000 shall be available for the rural
utilities program described in section 306E of such Act: Provided,
That not to exceed $10,000,000 of the amount appropriated under
this heading shall be for grants authorized by section 306A(i)(2)
of the Consolidated Farm and Rural Development Act in addition
to funding authorized by section 306A(i)(1) of such Act: Provided

H. R. 2029—23
further, That $64,000,000 of the amount appropriated under this
heading shall be for loans and grants including water and waste
disposal systems grants authorized by section 306C(a)(2)(B) and
section 306D of the Consolidated Farm and Rural Development
Act, and Federally Recognized Native American Tribes authorized
by 306C(a)(1): Provided further, That funding provided for section
306D of the Consolidated Farm and Rural Development Act may
be provided to a consortium formed pursuant to section 325 of
Public Law 105–83: Provided further, That not more than 2 percent
of the funding provided for section 306D of the Consolidated Farm
and Rural Development Act may be used by the State of Alaska
for training and technical assistance programs and not more than
2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by a consortium formed pursuant to section 325 of Public Law 105–83 for
training and technical assistance programs: Provided further, That
not to exceed $20,000,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural water
and waste systems pursuant to section 306(a)(14) of such Act,
unless the Secretary makes a determination of extreme need, of
which $6,500,000 shall be made available for a grant to a qualified
nonprofit multi-State regional technical assistance organization,
with experience in working with small communities on water and
waste water problems, the principal purpose of such grant shall
be to assist rural communities with populations of 3,300 or less,
in improving the planning, financing, development, operation, and
management of water and waste water systems, and of which
not less than $800,000 shall be for a qualified national Native
American organization to provide technical assistance for rural
water systems for tribal communities: Provided further, That not
to exceed $16,397,000 of the amount appropriated under this
heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance
for rural water systems: Provided further, That not to exceed
$4,000,000 shall be for solid waste management grants: Provided
further, That $10,000,000 of the amount appropriated under this
heading shall be transferred to, and merged with, the Rural Utilities
Service, High Energy Cost Grants Account to provide grants authorized under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a): Provided further, That any prior year balances for
high-energy cost grants authorized by section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred to and
merged with the Rural Utilities Service, High Energy Cost Grants
Account: Provided further, That sections 381E–H and 381N of the
Consolidated Farm and Rural Development Act are not applicable
to the funds made available under this heading.
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)

The principal amount of direct and guaranteed loans as authorized by sections 305 and 306 of the Rural Electrification Act of
1936 (7 U.S.C. 935 and 936) shall be made as follows: loans made
pursuant to section 306 of that Act, rural electric, $5,500,000,000;
guaranteed underwriting loans pursuant to section 313A,

H. R. 2029—24
$750,000,000; 5 percent rural telecommunications loans, cost of
money rural telecommunications loans, and for loans made pursuant
to section 306 of that Act, rural telecommunications loans,
$690,000,000: Provided, That up to $2,000,000,000 shall be used
for the construction, acquisition, or improvement of fossil-fueled
electric generating plants (whether new or existing) that utilize
carbon sequestration systems.
For the cost of direct loans as authorized by section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935), including the
cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, cost of money rural telecommunications
loans, $104,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $34,707,000, which
shall be transferred to and merged with the appropriation for
‘‘Rural Development, Salaries and Expenses’’.
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

For the principal amount of broadband telecommunication
loans, $20,576,000.
For grants for telemedicine and distance learning services in
rural areas, as authorized by 7 U.S.C. 950aaa et seq., $22,000,000,
to remain available until expended: Provided, That $3,000,000 shall
be made available for grants authorized by 379G of the Consolidated
Farm and Rural Development Act: Provided further, That funding
provided under this heading for grants under 379G of the Consolidated Farm and Rural Development Act may only be provided
to entities that meet all of the eligibility criteria for a consortium
as established by this section.
For the cost of broadband loans, as authorized by section 601
of the Rural Electrification Act, $4,500,000, to remain available
until expended: Provided, That the cost of direct loans shall be
as defined in section 502 of the Congressional Budget Act of 1974.
In addition, $10,372,000, to remain available until expended,
for a grant program to finance broadband transmission in rural
areas eligible for Distance Learning and Telemedicine Program
benefits authorized by 7 U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
OFFICE

OF THE

UNDER SECRETARY FOR FOOD, NUTRITION,
CONSUMER SERVICES

AND

For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $811,000.
FOOD

AND

NUTRITION SERVICE

CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except section
21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),

H. R. 2029—25
except sections 17 and 21; $22,149,746,000 to remain available
through September 30, 2017, of which such sums as are made
available under section 14222(b)(1) of the Food, Conservation, and
Energy Act of 2008 (Public Law 110–246), as amended by this
Act, shall be merged with and available for the same time period
and purposes as provided herein: Provided, That of the total amount
available, $17,004,000 shall be available to carry out section 19
of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided
further, That of the total amount available, $25,000,000 shall be
available to provide competitive grants to State agencies for subgrants to local educational agencies and schools to purchase the
equipment needed to serve healthier meals, improve food safety,
and to help support the establishment, maintenance, or expansion
of the school breakfast program: Provided further, That of the
total amount available, $16,000,000 shall remain available until
expended to carry out section 749(g) of the Agriculture Appropriations Act of 2010 (Public Law 111–80): Provided further, That
section 26(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769g(d)) is amended in the first sentence by striking
‘‘2010 through 2015’’ and inserting ‘‘2010 through 2016’’.
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN (WIC)

For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,350,000,000, to remain available
through September 30, 2017: Provided, That notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)(10)), not less than $60,000,000 shall be used for
breastfeeding peer counselors and other related activities, and
$13,600,000 shall be used for infrastructure: Provided further, That
none of the funds provided in this account shall be available for
the purchase of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in section 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully
reimbursed by other Federal Government departments or agencies
unless authorized by section 17 of such Act: Provided further, That
upon termination of a federally mandated vendor moratorium and
subject to terms and conditions established by the Secretary, the
Secretary may waive the requirement at 7 CFR 246.12(g)(6) at
the request of a State agency.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $80,849,383,000, of which
$3,000,000,000, to remain available through December 31, 2017,
shall be placed in reserve for use only in such amounts and at
such times as may become necessary to carry out program operations: Provided, That funds available for the contingency reserve
under the heading ‘‘Supplemental Nutrition Assistance Program’’
of division A of Public Law 113–235 shall be available until
December 31, 2016: Provided further, That funds provided herein
shall be expended in accordance with section 16 of the Food and
Nutrition Act of 2008: Provided further, That of the funds made
available under this heading, $998,000 may be used to provide

H. R. 2029—26
nutrition education services to State agencies and Federally Recognized Tribes participating in the Food Distribution Program on
Indian Reservations: Provided further, That this appropriation shall
be subject to any work registration or workfare requirements as
may be required by law: Provided further, That funds made available for Employment and Training under this heading shall remain
available through September 30, 2017: Provided further, That funds
made available under this heading for section 28(d)(1) and section
27(a) of the Food and Nutrition Act of 2008 shall remain available
through September 30, 2017: Provided further, That funds made
available under this heading may be used to enter into contracts
and employ staff to conduct studies, evaluations, or to conduct
activities related to program integrity provided that such activities
are authorized by the Food and Nutrition Act of 2008.
COMMODITY ASSISTANCE PROGRAM

For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973
(7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983;
special assistance for the nuclear affected islands, as authorized
by section 103(f)(2) of the Compact of Free Association Amendments
Act of 2003 (Public Law 108–188); and the Farmers’ Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition
Act of 1966, $296,217,000, to remain available through September
30, 2017: Provided, That none of these funds shall be available
to reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That notwithstanding
any other provision of law, effective with funds made available
in fiscal year 2016 to support the Seniors Farmers’ Market Nutrition
Program, as authorized by section 4402 of the Farm Security and
Rural Investment Act of 2002, such funds shall remain available
through September 30, 2017: Provided further, That of the funds
made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 10 percent
for costs associated with the distribution of commodities.
NUTRITION PROGRAMS ADMINISTRATION

For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance
program, $150,824,000: Provided, That of the funds provided herein,
$2,000,000 shall be used for the purposes of section 4404 of Public
Law 107–171, as amended by section 4401 of Public Law 110–
246.

H. R. 2029—27
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
FOREIGN AGRICULTURAL SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and
for expenses pursuant to section 8 of the Act approved August
3, 1956 (7 U.S.C. 1766), $191,566,000: Provided, That the Service
may utilize advances of funds, or reimburse this appropriation
for expenditures made on behalf of Federal agencies, public and
private organizations and institutions under agreements executed
pursuant to the agricultural food production assistance programs
(7 U.S.C. 1737) and the foreign assistance programs of the United
States Agency for International Development: Provided further,
That funds made available for middle-income country training programs, funds made available for the Borlaug International Agricultural Science and Technology Fellowship program, and up to
$2,000,000 of the Foreign Agricultural Service appropriation solely
for the purpose of offsetting fluctuations in international currency
exchange rates, subject to documentation by the Foreign Agricultural Service, shall remain available until expended.
FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS
PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83–480) and the Food
for Progress Act of 1985, $2,528,000, shall be transferred to and
merged with the appropriation for ‘‘Farm Service Agency, Salaries
and Expenses’’.
FOOD FOR PEACE TITLE II GRANTS

For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years’ costs, including interest
thereon, under the Food for Peace Act (Public Law 83–480), for
commodities supplied in connection with dispositions abroad under
title II of said Act, $1,466,000,000, to remain available until
expended.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM GRANTS

For necessary expenses to carry out the provisions of section
3107 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1), $201,626,000, to remain available until
expended: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities for
the purpose of implementing such section, subject to reimbursement
from amounts provided herein: Provided further, That of the amount

H. R. 2029—28
made available under this heading, $5,000,000, shall remain available until expended for necessary expenses to carry out the provisions of section 3207 of the Agricultural Act of 2014 (7 U.S.C.
1726c).
COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT
GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the Commodity Credit
Corporation’s Export Guarantee Program, GSM 102 and GSM 103,
$6,748,000; to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, of which
$6,394,000 shall be transferred to and merged with the appropriation for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and
of which $354,000 shall be transferred to and merged with the
appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG
ADMINISTRATION
DEPARTMENT

OF

HEALTH

AND

HUMAN SERVICES

FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES

For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law
92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose
space in the District of Columbia or elsewhere; for miscellaneous
and emergency expenses of enforcement activities, authorized and
approved by the Secretary and to be accounted for solely on the
Secretary’s certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107–188; $4,681,392,000: Provided, That
of the amount provided under this heading, $851,481,000 shall
be derived from prescription drug user fees authorized by 21 U.S.C.
379h, and shall be credited to this account and remain available
until expended; $137,677,000 shall be derived from medical device
user fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended; $318,363,000
shall be derived from human generic drug user fees authorized
by 21 U.S.C. 379j–42, and shall be credited to this account and
remain available until expended; $21,540,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C.
379j–52, and shall be credited to this account and remain available
until expended; $22,818,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j–12, and shall be credited
to this account and remain available until expended; $9,705,000
shall be derived from animal generic drug user fees authorized
by 21 U.S.C. 379j–21, and shall be credited to this account and
remain available until expended; $599,000,000 shall be derived

H. R. 2029—29
from tobacco product user fees authorized by 21 U.S.C. 387s, and
shall be credited to this account and remain available until
expended: Provided further, That in addition to and notwithstanding
any other provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human generic
drug user fees, biosimilar biological product user fees, animal drug
user fees, and animal generic drug user fees that exceed the respective fiscal year 2016 limitations are appropriated and shall be
credited to this account and remain available until expended: Provided further, That fees derived from prescription drug, medical
device, human generic drug, biosimilar biological product, animal
drug, and animal generic drug assessments for fiscal year 2016,
including any such fees collected prior to fiscal year 2016 but
credited for fiscal year 2016, shall be subject to the fiscal year
2016 limitations: Provided further, That the Secretary may accept
payment during fiscal year 2016 of user fees specified under this
heading and authorized for fiscal year 2017, prior to the due date
for such fees, and that amounts of such fees assessed for fiscal
year 2017 for which the Secretary accepts payment in fiscal year
2016 shall not be included in amounts under this heading: Provided
further, That none of these funds shall be used to develop, establish,
or operate any program of user fees authorized by 31 U.S.C. 9701:
Provided further, That of the total amount appropriated: (1)
$987,328,000 shall be for the Center for Food Safety and Applied
Nutrition and related field activities in the Office of Regulatory
Affairs; (2) $1,394,136,000 shall be for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs; (3) $354,901,000 shall be for the Center for Biologics
Evaluation and Research and for related field activities in the
Office of Regulatory Affairs; (4) $187,825,000 shall be for the Center
for Veterinary Medicine and for related field activities in the Office
of Regulatory Affairs; (5) $430,443,000 shall be for the Center
for Devices and Radiological Health and for related field activities
in the Office of Regulatory Affairs; (6) $63,331,000 shall be for
the National Center for Toxicological Research; (7) $564,117,000
shall be for the Center for Tobacco Products and for related field
activities in the Office of Regulatory Affairs; (8) not to exceed
$171,418,000 shall be for Rent and Related activities, of which
$52,346,000 is for White Oak Consolidation, other than the amounts
paid to the General Services Administration for rent; (9) not to
exceed $238,274,000 shall be for payments to the General Services
Administration for rent; and (10) $289,619,000 shall be for other
activities, including the Office of the Commissioner of Food and
Drugs, the Office of Foods and Veterinary Medicine, the Office
of Medical and Tobacco Products, the Office of Global and Regulatory Policy, the Office of Operations, the Office of the Chief
Scientist, and central services for these offices: Provided further,
That not to exceed $25,000 of this amount shall be for official
reception and representation expenses, not otherwise provided for,
as determined by the Commissioner: Provided further, That any
transfer of funds pursuant to section 770(n) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from
amounts made available under this heading for other activities:
Provided further, That of the amounts that are made available
under this heading for ‘‘other activities’’, and that are not derived
from user fees, $1,500,000 shall be transferred to and merged
with the appropriation for ‘‘Department of Health and Human

H. R. 2029—30
Services—Office of Inspector General’’ for oversight of the programs
and operations of the Food and Drug Administration and shall
be in addition to funds otherwise made available for oversight
of the Food and Drug Administration: Provided further, That funds
may be transferred from one specified activity to another with
the prior approval of the Committees on Appropriations of both
Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C. 381,
priority review user fees authorized by 21 U.S.C. 360n and 360ff,
food and feed recall fees, food reinspection fees, and voluntary
qualified importer program fees authorized by 21 U.S.C. 379j–
31, outsourcing facility fees authorized by 21 U.S.C. 379j–62,
prescription drug wholesale distributor licensing and inspection
fees authorized by 21 U.S.C. 353(e)(3), and third-party logistics
provider licensing and inspection fees authorized by 21 U.S.C.
360eee–3(c)(1), and third-party auditor fees authorized by 21 U.S.C.
384d(c)(8), shall be credited to this account, to remain available
until expended.
BUILDINGS AND FACILITIES

For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used
by the Food and Drug Administration, where not otherwise provided, $8,788,000, to remain available until expended.
INDEPENDENT AGENCIES
COMMODITY FUTURES TRADING COMMISSION
For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase
and hire of passenger motor vehicles, and the rental of space (to
include multiple year leases), in the District of Columbia and elsewhere, $250,000,000, including not to exceed $3,000 for official
reception and representation expenses, and not to exceed $25,000
for the expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials, of which not less than $50,000,000, to remain available until
September 30, 2017, shall be for the purchase of information technology and of which not less than $2,620,000 shall be for expenses
of the Office of the Inspector General: Provided, That notwithstanding the limitations in 31 U.S.C. 1553, amounts provided under
this heading are available for the liquidation of obligations equal
to current year payments on leases entered into prior to the date
of enactment of this Act: Provided further, That for the purpose
of recording any obligations that should have been recorded against
accounts closed pursuant to 31 U.S.C. 1552, these accounts may
be reopened solely for the purpose of correcting any violations
of 31 U.S.C. 1501(a)(1), and balances canceled pursuant to 31 U.S.C.
1552(a) in any accounts reopened pursuant to this authority shall
remain unavailable to liquidate any outstanding obligations.

H. R. 2029—31
FARM CREDIT ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $65,600,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year
for administrative expenses as authorized under 12 U.S.C. 2249:
Provided, That this limitation shall not apply to expenses associated
with receiverships: Provided further, That the agency may exceed
this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture
for the current fiscal year under this Act shall be available for
the purchase, in addition to those specifically provided for, of not
to exceed 71 passenger motor vehicles of which 68 shall be for
replacement only, and for the hire of such vehicles: Provided, That
notwithstanding this section, the only purchase of new passenger
vehicles shall be for those determined by the Secretary to be necessary for transportation safety, to reduce operational costs, and
for the protection of life, property, and public safety.
SEC. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated balances
of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund
for the acquisition of plant and capital equipment necessary for
the delivery of financial, administrative, and information technology
services of primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency administrator: Provided further, That none of the funds transferred to
the Working Capital Fund pursuant to this section shall be available
for obligation without written notification to and the prior approval
of the Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds appropriated by this
Act or made available to the Department’s Working Capital Fund
shall be available for obligation or expenditure to make any changes
to the Department’s National Finance Center without written
notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 717 of
this Act: Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture allocated
for the National Finance Center, the Secretary may reserve not
more than 4 percent for the replacement or acquisition of capital
equipment, including equipment for the improvement and
implementation of a financial management plan, information technology, and other systems of the National Finance Center or to

H. R. 2029—32
pay any unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved shall
be available for obligation unless the Secretary submits written
notification of the obligation to the Committees on Appropriations
of both Houses of Congress: Provided further, That the limitation
on the obligation of funds pending notification to Congressional
Committees shall not apply to any obligation that, as determined
by the Secretary, is necessary to respond to a declared state of
emergency that significantly impacts the operations of the National
Finance Center; or to evacuate employees of the National Finance
Center to a safe haven to continue operations of the National
Finance Center.
SEC. 703. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 704. No funds appropriated by this Act may be used
to pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of mutual
interest between the two parties. This does not preclude appropriate
payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis
for all agencies for which appropriations are provided in this Act.
SEC. 705. Appropriations to the Department of Agriculture for
the cost of direct and guaranteed loans made available in the
current fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following
accounts: the Rural Development Loan Fund program account, the
Rural Electrification and Telecommunication Loans program
account, and the Rural Housing Insurance Fund program account.
SEC. 706. None of the funds made available to the Department
of Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the
Office of the Chief Information Officer, without the approval of
the Chief Information Officer and the concurrence of the Executive
Information Technology Investment Review Board: Provided, That
notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That, notwithstanding section 11319 of title 40, United States Code, none
of the funds available to the Department of Agriculture for information technology shall be obligated for projects, contracts, or other
agreements over $25,000 prior to receipt of written approval by
the Chief Information Officer: Provided further, That the Chief
Information Officer may authorize an agency to obligate funds
without written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based upon
the performance of an agency measured against the performance
plan requirements described in the explanatory statement accompanying Public Law 113–235.
SEC. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal

H. R. 2029—33
year shall remain available until expended to disburse obligations
made in the current fiscal year.
SEC. 708. Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured, direct
or guaranteed loan under the Rural Electrification Act of 1936,
or any not-for-profit utility that is eligible to receive an insured
or direct loan under such Act, shall be eligible for assistance under
section 313(b)(2)(B) of such Act in the same manner as a borrower
under such Act.
SEC. 709. Except as otherwise specifically provided by law,
not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for
the Farm Service Agency shall remain available through September
30, 2017, for information technology expenses: Provided, That except
as otherwise specifically provided by law, unobligated balances from
appropriations made available for salaries and expenses in this
Act for the Rural Development mission area shall remain available
through September 30, 2017, for information technology expenses.
SEC. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.
SEC. 711. In the case of each program established or amended
by the Agricultural Act of 2014 (Public Law 113–79), other than
by title I or subtitle A of title III of such Act, or programs for
which indefinite amounts were provided in that Act, that is authorized or required to be carried out using funds of the Commodity
Credit Corporation—
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance, associated with the implementation of the program, without regard
to the limitation on the total amount of allotments and fund
transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes
of applying the limitation on the total amount of allotments
and fund transfers contained in such section.
SEC. 712. Of the funds made available by this Act, not more
than $2,000,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and
task forces of the Department of Agriculture, except for panels
used to comply with negotiated rule makings and panels used
to evaluate competitively awarded grants.
SEC. 713. None of the funds in this Act shall be available
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 percent of total
Federal funds provided under each award: Provided, That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds provided by this Act for grants awarded competitively by the National
Institute of Food and Agriculture shall be available to pay full
allowable indirect costs for each grant awarded under section 9
of the Small Business Act (15 U.S.C. 638).

H. R. 2029—34
SEC. 714. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out the following:
(1) The Watershed Rehabilitation program authorized by
section 14(h)(1) of the Watershed and Flood Protection Act
(16 U.S.C. 1012(h)(1));
(2) The Environmental Quality Incentives Program as
authorized by sections 1240–1240H of the Food Security Act
of 1985 (16 U.S.C. 3839aa–3839aa–8) in excess of
$1,329,000,000: Provided, That this limitation shall apply only
to funds provided by section 1241(a)(5)(C) of the Food Security
Act of 1985 (16 U.S.C. 3841(a)(5)(C));
(3) The Biomass Crop Assistance Program authorized by
section 9011 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8111) in excess of $3,000,000 in new
obligational authority; and
(4) The Biorefinery, Renewable Chemical and Biobased
Product Manufacturing Assistance program as authorized by
section 9003 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8103) in excess of $27,000,000 of the funding
appropriated by subsection (g)(1)(A)(ii) of that section for fiscal
year 2016.
SEC. 715. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a program under subsection
(b)(2)(A)(viii) of section 14222 of Public Law 110–246 in excess
of $884,980,000, as follows: Child Nutrition Programs Entitlement
Commodities—$465,000,000; State Option Contracts—$5,000,000;
Removal of Defective Commodities—$2,500,000: Provided, That
none of the funds made available in this Act or any other Act
shall be used for salaries and expenses to carry out in this fiscal
year section 19(i)(1)(E) of the Richard B. Russell National School
Lunch Act, as amended, except in an amount that excludes the
transfer of $125,000,000 of the funds to be transferred under subsection (c) of section 14222 of Public Law 110–246, until October
1, 2016: Provided further, That $125,000,000 made available on
October 1, 2016, to carry out section 19(i)(1)(E) of the Richard
B. Russell National School Lunch Act, as amended, shall be
excluded from the limitation described in subsection (b)(2)(A)(ix)
of section 14222 of Public Law 110–246: Provided further, That
none of the funds appropriated or otherwise made available by
this or any other Act shall be used to pay the salaries or expenses
of any employee of the Department of Agriculture or officer of
the Commodity Credit Corporation to carry out clause 3 of section
32 of the Agricultural Adjustment Act of 1935 (Public Law 74–
320, 7 U.S.C. 612c, as amended), or for any surplus removal activities or price support activities under section 5 of the Commodity
Credit Corporation Charter Act: Provided further, That the available
unobligated balances under (b)(2)(A)(viii) of section 14222 of Public
Law 110–246 in excess of the limitation set forth in this section,
except for the amounts to be transferred pursuant to the first
proviso, are hereby permanently rescinded.
SEC. 716. None of the funds appropriated by this or any other
Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President’s budget submission to the Congress for programs under
the jurisdiction of the Appropriations Subcommittees on Agriculture,

H. R. 2029—35
Rural Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from the
previous year due to user fees proposals that have not been enacted
into law prior to the submission of the budget unless such budget
submission identifies which additional spending reductions should
occur in the event the user fees proposals are not enacted prior
to the date of the convening of a committee of conference for
the fiscal year 2017 appropriations Act.
SEC. 717. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury
derived by the collection of fees available to the agencies funded
by this Act, shall be available for obligation or expenditure through
a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of
Agriculture, through use of the authority provided by section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257) or section 8 of Public Law 89–106 (7 U.S.C. 2263), that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health and
Human Services, or the Chairman of the Commodity Futures
Trading Commission (as the case may be) notifies in writing and
receives approval from the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury derived
by the collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming or use of the
authorities referred to in subsection (a) involving funds in excess
of $500,000 or 10 percent, whichever is less, that—
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading
Commission (as the case may be) notifies in writing and receives
approval from the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such
authority.

H. R. 2029—36
(c) The Secretary of Agriculture, the Secretary of Health and
Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify in writing and receive approval
from the Committees on Appropriations of both Houses of Congress
before implementing any program or activity not carried out during
the previous fiscal year unless the program or activity is funded
by this Act or specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury derived
by the collection of fees available to the agencies funded by this
Act, shall be available for—
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center,
office, branch, or similar entity with five or more personnel;
or
(3) carrying out activities or functions that were not
described in the budget request; unless the agencies funded
by this Act notify, in writing, the Committees on Appropriations
of both Houses of Congress at least 30 days in advance of
using the funds for these purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture, the Secretary
of Health and Human Services, or the Chairman of the Commodity
Futures Trading Commission receives from the Committee on
Appropriations of both Houses of Congress written or electronic
mail confirmation of receipt of the notification as required in this
section.
SEC. 718. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the
Secretary may assess a one-time fee for any guaranteed business
and industry loan in an amount that does not exceed 3 percent
of the guaranteed principal portion of the loan.
SEC. 719. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or
the Farm Credit Administration shall be used to transmit or otherwise make available reports, questions, or responses to questions
that are a result of information requested for the appropriations
hearing process to any non-Department of Agriculture, non-Department of Health and Human Services, non-Commodity Futures
Trading Commission, or non-Farm Credit Administration employee.
SEC. 720. Unless otherwise authorized by existing law, none
of the funds provided in this Act, may be used by an executive
branch agency to produce any prepackaged news story intended
for broadcast or distribution in the United States unless the story
includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared
or funded by that executive branch agency.
SEC. 721. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this

H. R. 2029—37
Act or any other Act to any other agency or office of the Department
for more than 60 days in a fiscal year unless the individual’s
employing agency or office is fully reimbursed by the receiving
agency or office for the salary and expenses of the employee for
the period of assignment.
SEC. 722. None of the funds made available by this Act may
be used to pay the salaries and expenses of personnel who provide
nonrecourse marketing assistance loans for mohair under section
1201 of the Agricultural Act of 2014 (Public Law 113–79).
SEC. 723. Not later than 30 days after the date of enactment
of this Act, the Secretary of Agriculture, the Commissioner of the
Food and Drug Administration, the Chairman of the Commodity
Futures Trading Commission, and the Chairman of the Farm Credit
Administration shall submit to the Committees on Appropriations
of both Houses of Congress a detailed spending plan by program,
project, and activity for all the funds made available under this
Act including appropriated user fees, as defined in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act).
SEC. 724. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls,
as determined by the Administrator of the U.S. Agency for International Development, are in place to ensure that emergency food
aid is received by the intended beneficiaries in areas affected by
food shortages and not diverted for unauthorized or inappropriate
purposes.
SEC. 725. There is hereby appropriated $1,996,000 to carry
out section 1621 of Public Law 110–246.
SEC. 726. The Secretary shall establish an intermediary loan
packaging program based on the pilot program in effect for fiscal
year 2013 for packaging and reviewing section 502 single family
direct loans. The Secretary shall enter into agreements with current
intermediary organizations and with additional qualified intermediary organizations. The Secretary shall work with these
organizations to increase effectiveness of the section 502 single
family direct loan program in rural communities and shall set
aside and make available from the national reserve section 502
loans an amount necessary to support the work of such intermediaries and provide a priority for review of such loans.
SEC. 727. For loans and loan guarantees that do not require
budget authority and the program level has been established in
this Act, the Secretary of Agriculture may increase the program
level for such loans and loan guarantees by not more than 25
percent: Provided, That prior to the Secretary implementing such
an increase, the Secretary notifies, in writing, the Committees
on Appropriations of both Houses of Congress at least 15 days
in advance.
SEC. 728. There is hereby appropriated for the ‘‘Emergency
Watershed Protection Program’’, $157,000,000, to remain available
until expended; for the ‘‘Emergency Forestry Restoration Program’’,
$6,000,000, to remain available until expended; and for the ‘‘Emergency Conservation Program’’, $108,000,000, to remain available
until expended: Provided, That $37,000,000 made available for the
‘‘Emergency Watershed Protection Program’’; $2,000,000 made
available for the ‘‘Emergency Forestry Restoration Program’’; and

H. R. 2029—38
$91,000,000 made available for the ‘‘Emergency Conservation Program’’ under this section are for necessary expenses resulting from
a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), and are designated by the Congress as being for disaster
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
SEC. 729. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2002 (7 U.S.C. 2235a; Public
Law 107–76) shall be available for obligation without written
notification to, and the prior approval of, the Committees on Appropriations of both Houses of Congress: Provided, That the refunds
or rebates so transferred shall be available for obligation only
for the acquisition of plant and capital equipment necessary for
the delivery of financial, administrative, and information technology
services of primary benefit to the agencies of the Department of
Agriculture.
SEC. 730. None of the funds made available by this Act may
be used to procure processed poultry products imported into the
United States from the People’s Republic of China for use in the
school lunch program under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.), the Child and Adult Food
Care Program under section 17 of such Act (42 U.S.C. 1766), the
Summer Food Service Program for Children under section 13 of
such Act (42 U.S.C. 1761), or the school breakfast program under
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
SEC. 731. In response to an eligible community where the
drinking water supplies are inadequate due to a natural disaster,
as determined by the Secretary, including drought or severe
weather, the Secretary may provide potable water through the
Emergency Community Water Assistance Grant Program for an
additional period of time not to exceed 120 days beyond the established period provided under the Program in order to protect public
health.
SEC. 732. Funds provided by this or any prior Appropriations
Act for the Agriculture and Food Research Initiative under 7 U.S.C.
450i(b) shall be made available without regard to section 7128
of the Agricultural Act of 2014 (7 U.S.C. 3371 note), under the
matching requirements in laws in effect on the date before the
date of enactment of such section: Provided, That the requirements
of 7 U.S.C. 450i(b)(9) shall continue to apply.
SEC. 733. (a) For the period beginning on the date of enactment
of this Act through school year 2016–2017, with respect to the
school lunch program established under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) or the school
breakfast program established under the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.) and final regulations published by
the Department of Agriculture in the Federal Register on January
26, 2012 (77 Fed. Reg. 4088 et seq.), the Secretary shall allow
States to grant an exemption from the whole grain requirements
that took effect on or after July 1, 2014, and the States shall
establish a process for evaluating and responding, in a reasonable
amount of time, to requests for an exemption: Provided, That school
food authorities demonstrate hardship, including financial hardship,
in procuring specific whole grain products which are acceptable

H. R. 2029—39
to the students and compliant with the whole grain-rich requirements: Provided further, That school food authorities shall comply
with the applicable grain component or standard with respect to
the school lunch or school breakfast program that was in effect
prior to July 1, 2014.
(b) None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and
expenses of personnel to implement any regulations under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.), the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
the Healthy, Hunger-Free Kids Act of 2010 (Public Law 111–296),
or any other law that would require a reduction in the quantity
of sodium contained in federally reimbursed meals, foods, and
snacks sold in schools below Target 1 (as described in section
220.8(f)(3) of title 7, Code of Federal Regulations (or successor
regulations)) until the latest scientific research establishes the
reduction is beneficial for children.
SEC. 734. None of the funds made available by this or any
other Act may be used to release or implement the final version
of the eighth edition of the Dietary Guidelines for Americans,
revised pursuant to section 301 of the National Nutrition Monitoring
and Related Research Act of 1990 (7 U.S.C. 5341), unless the
Secretary of Agriculture and the Secretary of Health and Human
Services ensure that each revision to any nutritional or dietary
information or guideline contained in the 2010 edition of the Dietary
Guidelines for Americans and each new nutritional or dietary
information or guideline to be included in the eighth edition of
the Dietary Guidelines for Americans—
(1) is based on significant scientific agreement; and
(2) is limited in scope to nutritional and dietary information.
SEC. 735. (a) Not later than 30 days after the date of the
enactment of this Act, the Secretary of Agriculture shall engage
the National Academy of Medicine to conduct a comprehensive
study of the entire process used to establish the Advisory Committee
for the Dietary Guidelines for Americans and the subsequent
development of the Dietary Guidelines for Americans, most recently
revised pursuant to section 301 of the National Nutrition Monitoring
and Related Research Act of 1990 (7 U.S.C. 5341). The panel
of the National Academy of Medicine selected to conduct the study
shall include a balanced representation of individuals with broad
experiences and viewpoints regarding nutritional and dietary
information.
(b) The study required by subsection (a) shall include the following:
(1) An analysis of each of the following:
(A) How the Dietary Guidelines for Americans can
better prevent chronic disease, ensure nutritional sufficiency for all Americans, and accommodate a range of
individual factors, including age, gender, and metabolic
health.
(B) How the advisory committee selection process can
be improved to provide more transparency, eliminate bias,
and include committee members with a range of viewpoints.
(C) How the Nutrition Evidence Library is compiled
and utilized, including whether Nutrition Evidence Library
reviews and other systematic reviews and data analysis

H. R. 2029—40
are conducted according to rigorous and objective scientific
standards.
(D) How systematic reviews are conducted on longstanding Dietary Guidelines for Americans recommendations, including whether scientific studies are included from
scientists with a range of viewpoints.
(2) Recommendations to improve the process used to establish the Dietary Guidelines for Americans and to ensure the
Dietary Guidelines for Americans reflect balanced sound
science.
(c) There is hereby appropriated $1,000,000 to conduct the
study required by subsection (a).
SEC. 736. The unobligated balances identified by the Treasury
Appropriation Fund Symbol 12X0113 are rescinded.
SEC. 737. None of the funds made available by this Act may
be used by the Secretary of Agriculture, acting through the Food
and Nutrition Service, to commence any new research and evaluation projects until the Secretary submits to the Committees on
Appropriations of both Houses of Congress a research and evaluation plan for fiscal year 2016, prepared in coordination with the
Research, Education, and Economics mission area of the Department of Agriculture, and a period of 30 days beginning on the
date of the submission of the plan expires to permit Congressional
review of the plan.
SEC. 738. Of the unobligated prior year funds identified by
Treasury Appropriation Fund Symbol 12X1980 where obligations
have been cancelled, $13,000,000 is rescinded.
SEC. 739. The unobligated balances identified by the Treasury
Appropriation Fund Symbol 12X3318, 12X1010, 12X1090, 12X1907,
12X0402, 12X3508, and 12X3322 are rescinded.
SEC. 740. Section 166 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7286) is amended—
(1) by striking ‘‘and title I of the Food, Conservation, and
Energy Act of 2008’’ both places it appears and inserting ‘‘title
I of the Food, Conservation, and Energy Act of 2008, and
Subtitle B of title I of the Agricultural Act of 2014’’; and
(2) by amending paragraph (3) of subsection (c) to read
as follows:
‘‘(3) APPLICATION OF AUTHORITY.—Beginning with the 2015
crop marketing year, the Secretary shall carry out paragraph
(1) under the same terms and conditions as were in effect
for the 2008 crop year for loans made to producers under
subtitle B of title I of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8701 et seq.).’’.
SEC. 741. (a) There is hereby appropriated $5,000,000 to provide
competitive grants to State agencies for subgrants to local educational agencies and schools to purchase the equipment needed
to serve healthier meals, improve food safety, and to help support
the establishment, maintenance, or expansion of the school breakfast program, to remain available until expended.
(b) There is hereby appropriated $7,000,000 to carry out section
749(g) of the Agriculture Appropriations Act of 2010 (Public Law
111–80), to remain available until expended.
SEC. 742. Of the unobligated balances identified by the Treasury
Appropriation Fund Symbol 12X1072, $20,000,000 is hereby
rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by Congress as an emergency

H. R. 2029—41
requirement or for disaster relief requirement pursuant to a Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 743. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed
under such section and eligible lenders for such loans as the Secretary has under subsections (h) and (j) of section 538 of such
Act (42 U.S.C. 1490p–2) with respect to loans guaranteed under
such section 538 and eligible lenders for such loans.
SEC. 744. There is hereby appropriated $8,000,000, to remain
available until expended, to carry out section 6407 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided, That the Secretary launch the program authorized by this
section during the 2016 fiscal year and that it be carried out
through the Rural Utilities Service: Provided further, That, within
60 days of enactment of this Act, the Secretary shall provide a
report to the Committees on Appropriations of both Houses of
Congress on how the Rural Utilities Service will implement section
6407 during the 2016 fiscal year.
SEC. 745. Of the unobligated balances of appropriations in
Public Law 108–199, Public Law 109–234, and Public Law 110–
28 made available for the ‘‘Emergency Watershed Protection Program’’, $2,400,000 shall be available for the purposes of such program for any disaster occurring fiscal year 2016 or fiscal year
2017, and shall remain available until expended.
SEC. 746. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or take
any other action with respect to, allowing or requiring information
intended for a prescribing health care professional, in the case
of a drug or biological product subject to section 503(b)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to
be distributed to such professional electronically (in lieu of in paper
form) unless and until a Federal law is enacted to allow or require
such distribution.
SEC. 747. None of the funds made available by this Act may
be used to implement, administer, or enforce the final rule entitled
‘‘Food Labeling; Nutrition Labeling of Standard Menu Items in
Restaurants and Similar Retail Food Establishments’’ published
by the Food and Drug Administration in the Federal Register
on December 1, 2014 (79 Fed. Reg. 71156 et seq.) until the later
of—
(1) December 1, 2016; or
(2) the date that is one year after the date on which
the Secretary of Health and Human Services publishes Level
1 guidance with respect to nutrition labeling of standard menu
items in restaurants and similar retail food establishments
in accordance with paragraphs (g)(1)(i), (g)(1)(ii), (g)(1)(iii), and
(g)(1)(iv) of section 10.115 of title 21, Code of Federal Regulations.
SEC. 748. In addition to funds appropriated in this Act, there
is hereby appropriated $250,000,000, to remain available until
expended, under the heading ‘‘Food for Peace Title II Grants’’:
Provided, That the funds made available under this section shall
be used for the purposes set forth in the Food for Peace Act
for both emergency and non-emergency purposes: Provided further,
That the funds made available by this section used for emergency

H. R. 2029—42
programs may be prioritized to respond to emergency food needs
involving conflict in the Middle East and to address other urgent
food needs around the world: Provided further, That of the funds
made available under this section, $20,000,000 shall be used to
reimburse the Commodity Credit Corporation for the release of
eligible commodities under section 302(f)(2)(A) of the Bill Emerson
Humanitarian Trust Act (7 U.S.C. 1736f–1).
SEC. 749. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt of
a submission for an exemption for investigational use of a drug
or biological product under section 505(i) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the
Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which
a human embryo is intentionally created or modified to include
a heritable genetic modification. Any such submission shall be
deemed to have not been received by the Secretary, and the exemption may not go into effect.
SEC. 750. None of the funds made available by this or any
other Act may be used to implement or enforce any provision
of the FDA Food Safety Modernization Act (Public Law 111–353),
including the amendments made thereby, 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 such byproducts are solely intended for use as animal
feed.
SEC. 751. (a) Of the unobligated balances from amounts made
available in fiscal year 2015 for the supplemental nutrition program
as authorized by section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786), $220,000,000 are hereby rescinded.
(b) In addition to amounts provided elsewhere in this Act,
there is hereby appropriated for ‘‘Special Supplemental Nutrition
Program for Women, Infants, and Children’’, $220,000,000, to
remain available until expended, for management information systems, including WIC electronic benefit transfer systems and activities.
SEC. 752. (a) The Secretary of Agriculture shall—
(1) within 4 months of the date of enactment of this Act,
establish a prioritization process for APHIS to conduct audits
or reviews of countries or regions that have received animal
health status recognitions by APHIS and provide a description
of this process to the Committee on Appropriations of the
House, Committee on Appropriations of the Senate, Committee
on Agriculture of the House, and Committee on Agriculture,
Nutrition, and Forestry of the Senate;
(2) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable:
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources
of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response.
(3) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (2);
and

H. R. 2029—43
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
SEC. 753. None of the funds made available by this Act may
be used to carry out any activities or incur any expense related
to the issuance of licenses under section 3 of the Animal Welfare
Act (7 U.S.C. 2133), or the renewal of such licenses, to class B
dealers who sell dogs and cats for use in research, experiments,
teaching, or testing.
SEC. 754. No partially hydrogenated oils as defined in the
order published by the Food and Drug Administration in the Federal
Register on June 17, 2015 (80 Fed. Reg. 34650 et seq.) shall be
deemed unsafe within the meaning of section 409(a) and no food
that is introduced or delivered for introduction into interstate commerce that bears or contains a partially hydrogenated oil shall
be deemed adulterated under sections 402(a)(1) or 402(a)(2)(C)(i)
by virtue of bearing or containing a partially hydrogenated oil
until the compliance date as specified in such order (June 18,
2018).
SEC. 755. Notwithstanding any other provision of law—
(1) the Secretary of Agriculture shall implement section 12106
of the Agricultural Act of 2014 and the amendments made by
such section (21 U.S.C. 601 note; Public Law 113–79), including
any regulation or guidance the Secretary of Agriculture issues to
carry out such section or the amendments made by such section;
and
(2) the Secretary of Health and Human Services shall implement section 403(t) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 343(t)), including any regulation or guidance the Secretary of Health and Human Services issues to carry out such
section.
SEC. 756. There is hereby appropriated $600,000 for the purposes of section 727 of division A of Public Law 112–55.
SEC. 757. In addition to amounts otherwise made available
by this Act and notwithstanding the last sentence of 16 U.S.C.
1310, there is appropriated $4,000,000, to remain available until
expended, to implement non-renewable agreements on eligible
lands, including flooded agricultural lands, as determined by the
Secretary, under the Water Bank Act (16 U.S.C. 1301–1311).
SEC. 758. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2016, an amount
of funds made available in title III under the headings of Rural
Housing Insurance Fund Program Account, Mutual and Self-Help
Housing Grants, Rural Housing Assistance Grants, Rural Community Facilities Program Account, Rural Business Program Account,
Rural Development Loan Fund Program Account, and Rural Water
and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such
headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones.
SEC. 759. (a) Section 281 of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1638) is amended—
(1) by striking paragraphs (1) and (7);
(2) by redesignating paragraphs (2), (3), (4), (5), (6), (8),
and (9) as paragraphs (1), (2), (3), (4), (5), (6), and (7), respectively; and
(3) in paragraph (1)(A) (as so redesignated)—
(A) in clause (i), by striking ‘‘beef,’’ and ‘‘, pork,’’; and

H. R. 2029—44
(B) in clause (ii), by striking ‘‘ground beef,’’ and ‘‘,
ground pork,’’.
(b) Section 282 of the Agricultural Marketing Act of 1946 (7
U.S.C. 1638a) is amended—
(1) in subsection (a)(2)—
(A) in the heading, by striking ‘‘BEEF,’’ and ‘‘PORK,’’;
(B) by striking ‘‘beef,’’ and ‘‘pork,’’ each place it appears
in subparagraphs (A), (B), (C), and (D); and
(C) in subparagraph (E)—
(i) in the heading, by striking ‘‘BEEF, PORK,’’; and
(ii) by striking ‘‘ground beef, ground pork,’’ each
place it appears; and
(2) in subsection (f)(2)—
(A) by striking subparagraphs (B) and (C); and
(B) by redesignating subparagraphs (D) and (E) as
subparagraphs (B) and (C), respectively.
SEC. 760. The Secretary of Agriculture and the Secretary’s
designees are hereby granted the same access to information and
subject to the same requirements applicable to the Secretary of
Housing and Urban Development as provided in section 453(j) of
the Social Security Act (42 U.S.C. 653(j)) and section
6103(l)(7)(D)(ix) of the Internal Revenue Code of 1986 (26 U.S.C.
6103(l)(7)(D)(ix)) to verify the income for individuals participating
in sections 502, 504, 521, and 542 of the Housing Act of 1949
(42 U.S.C. 1472, 1474, 1490a, and 1490r).
SEC. 761. (a) During fiscal year 2016, the Food and Drug
Administration (FDA) shall not allow the introduction or delivery
for introduction into interstate commerce of any food that contains
genetically engineered salmon until FDA publishes final labeling
guidelines for informing consumers of such content; and
(b) Of the amounts made available to the Food and Drug
Administration, Salaries and Expenses, not less than $150,000 shall
be used to develop labeling guidelines and implement a program
to disclose to consumers whether salmon offered for sale to consumers is a genetically engineered variety.
SEC. 762. The Secretary may charge a fee for lenders to access
Department loan guarantee systems in connection with such
lenders’ participation in loan guarantee programs of the Rural
Housing Service: Provided, That the funds collected from such fees
shall be made available to the Secretary without further appropriation and such funds shall be deposited into the Rural Development
Salaries and Expense Account and shall remain available until
expended for obligation and expenditure by the Secretary for
administrative expenses of the Rural Housing Service Loan Guarantee Program in addition to other available funds: Provided further, That such fees collected shall not exceed $50 per loan.
SEC. 763. None of the funds made available by this Act or
any other Act may be used—
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940); or
(2) to prohibit the transportation, processing, sale, or use
of industrial hemp that is grown or cultivated in accordance
with subsection section 7606 of the Agricultural Act of 2014,
within or outside the State in which the industrial hemp is
grown or cultivated.
SEC. 764. For an additional amount for ‘‘Animal and Plant
Health Inspection Service, Salaries and Expenses’’, $5,500,000, to

H. R. 2029—45
remain available until September 30, 2017, for one-time control
and management and associated activities directly related to the
multiple-agency response to citrus greening.
SEC. 765. Section 529(b)(5) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360ff(b)(5)) is amended by striking ‘‘the
last day’’ and all that follows through the period at the end and
inserting ‘‘September 30, 2016.’’.
SEC. 766. Notwithstanding any other provision of law, for purposes of applying the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.)—
(1) the acceptable market name of Gadus chalcogrammus,
formerly known as Theragra chalcogramma, is ‘‘pollock’’; and
(2) the term ‘‘Alaskan Pollock’’ or ‘‘ ‘Alaska Pollock’ ’’ may
be used in labeling to refer solely to ‘‘pollock’’ harvested in
the State waters of Alaska or the exclusive economic zone
(as that term is defined in section 3 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1802))
adjacent to Alaska.
SEC. 767. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses
of personnel—
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
1901 note; Public Law 104–127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
This division may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016’’.
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of
the Department of Commerce provided for by law, and for engaging
in trade promotional activities abroad, including expenses of grants
and cooperative agreements for the purpose of promoting exports
of United States firms, without regard to sections 3702 and 3703
of title 44, United States Code; full medical coverage for dependent
members of immediate families of employees stationed overseas
and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration
between two points abroad, without regard to section 40118 of
title 49, United States Code; employment of citizens of the United
States and aliens by contract for services; rental of space abroad
for periods not exceeding 10 years, and expenses of alteration,
repair, or improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of tort

H. R. 2029—46
claims, in the manner authorized in the first paragraph of section
2672 of title 28, United States Code, when such claims arise in
foreign countries; not to exceed $294,300 for official representation
expenses abroad; purchase of passenger motor vehicles for official
use abroad, not to exceed $45,000 per vehicle; obtaining insurance
on official motor vehicles; and rental of tie lines, $493,000,000,
to remain available until September 30, 2017, of which $10,000,000
is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding section 3302 of
title 31, United States Code: Provided, That, of amounts provided
under this heading, not less than $16,400,000 shall be for China
antidumping and countervailing duty enforcement and compliance
activities: Provided further, That of the amounts provided for the
International Trade Administration under this title, $5,000,000
shall not be available for obligation or expenditure until 15 days
after the Undersecretary of Commerce for International Trade submits to the Committees on Appropriations of the House of Representatives and the Senate the report and certification detailed
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further,
That the provisions of the first sentence of section 105(f) and all
of section 108(c) of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
out these activities; and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural
Exchange Act of 1961 shall include payment for assessments for
services provided as part of these activities.
BUREAU

OF INDUSTRY AND

SECURITY

OPERATIONS AND ADMINISTRATION

For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of citizens of the United States and aliens
by contract for services abroad; payment of tort claims, in the
manner authorized in the first paragraph of section 2672 of title
28, United States Code, when such claims arise in foreign countries;
not to exceed $13,500 for official representation expenses abroad;
awards of compensation to informers under the Export Administration Act of 1979, and as authorized by section 1(b) of the Act
of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase
of passenger motor vehicles for official use and motor vehicles
for law enforcement use with special requirement vehicles eligible
for purchase without regard to any price limitation otherwise established by law, $112,500,000, to remain available until expended:
Provided, That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply
in carrying out these activities: Provided further, That payments
and contributions collected and accepted for materials or services
provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information
to the public with respect to the export administration and national

H. R. 2029—47
security activities of the Department of Commerce and other export
control programs of the United States and other governments.
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by section
27 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3722), $222,000,000, to remain available until expended,
of which $15,000,000 shall be for grants under such section 27.
SALARIES AND EXPENSES

For necessary expenses of administering the economic development assistance programs as provided for by law, $39,000,000:
Provided, That these funds may be used to monitor projects
approved pursuant to title I of the Public Works Employment
Act of 1976, title II of the Trade Act of 1974, section 27 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3722), and the Community Emergency Drought Relief Act of 1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business enterprise,
including expenses of grants, contracts, and other agreements with
public or private organizations, $32,000,000.
ECONOMIC

AND

STATISTICAL ANALYSIS

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of Commerce,
$109,000,000, to remain available until September 30, 2017.
BUREAU

OF THE

CENSUS

CURRENT SURVEYS AND PROGRAMS

For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics, provided for by law, $270,000,000:
Provided, That, from amounts provided herein, funds may be used
for promotion, outreach, and marketing activities: Provided further,
That the Bureau of the Census shall collect and analyze data
for the Annual Social and Economic Supplement to the Current
Population Survey using the same health insurance questions
included in previous years, in addition to the revised questions
implemented in the Current Population Survey beginning in February 2014.

H. R. 2029—48
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics for periodic censuses and programs
provided for by law, $1,100,000,000, to remain available until September 30, 2017: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activities: Provided further, That within the amounts appropriated,
$1,551,000 shall be transferred to the ‘‘Office of Inspector General’’
account for activities associated with carrying out investigations
and audits related to the Bureau of the Census: Provided further,
That not more than 50 percent of the amounts made available
under this heading for information technology related to 2020
census delivery, including the Census Enterprise Data Collection
and Processing (CEDCaP) program, may be obligated until the
Secretary submits to the Committees on Appropriations of the
House of Representatives and the Senate a plan for expenditure
that: (1) identifies for each CEDCaP project/investment over
$25,000: (A) the functional and performance capabilities to be delivered and the mission benefits to be realized; (B) the estimated
lifecycle cost, including estimates for development as well as maintenance and operations; and (C) key milestones to be met; (2) details
for each project/investment: (A) reasons for any cost and schedule
variances; and (B) top risks and mitigation strategies; and (3)
has been submitted to the Government Accountability Office.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES

For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA),
$39,500,000, to remain available until September 30, 2017: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of
Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and
such fees shall be retained and used as offsetting collections for
costs of such spectrum services, to remain available until expended:
Provided further, That the Secretary of Commerce is authorized
to retain and use as offsetting collections all funds transferred,
or previously transferred, from other Government agencies for all
costs incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication Sciences
of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies
shall remain available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION

For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available
for the administration of all open grants until their expiration.

H. R. 2029—49
UNITED STATES PATENT

AND

TRADEMARK OFFICE

SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the USPTO, $3,272,000,000,
to remain available until expended: Provided, That the sum herein
appropriated from the general fund shall be reduced as offsetting
collections of fees and surcharges assessed and collected by the
USPTO under any law are received during fiscal year 2016, so
as to result in a fiscal year 2016 appropriation from the general
fund estimated at $0: Provided further, That during fiscal year
2016, should the total amount of such offsetting collections be
less than $3,272,000,000 this amount shall be reduced accordingly:
Provided further, That any amount received in excess of
$3,272,000,000 in fiscal year 2016 and deposited in the Patent
and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall
submit a spending plan to the Committees on Appropriations of
the House of Representatives and the Senate for any amounts
made available by the preceding proviso and such spending plan
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: Provided
further, That any amounts reprogrammed in accordance with the
preceding proviso shall be transferred to the United States Patent
and Trademark Office ‘‘Salaries and Expenses’’ account: Provided
further, That from amounts provided herein, not to exceed $900
shall be made available in fiscal year 2016 for official reception
and representation expenses: Provided further, That in fiscal year
2016 from the amounts made available for ‘‘Salaries and Expenses’’
for the USPTO, the amounts necessary to pay (1) the difference
between the percentage of basic pay contributed by the USPTO
and employees under section 8334(a) of title 5, United States Code,
and the normal cost percentage (as defined by section 8331(17)
of that title) as provided by the Office of Personnel Management
(OPM) for USPTO’s specific use, of basic pay, of employees subject
to subchapter III of chapter 83 of that title, and (2) the present
value of the otherwise unfunded accruing costs, as determined
by OPM for USPTO’s specific use of post-retirement life insurance
and post-retirement health benefits coverage for all USPTO
employees who are enrolled in Federal Employees Health Benefits
(FEHB) and Federal Employees Group Life Insurance (FEGLI),
shall be transferred to the Civil Service Retirement and Disability
Fund, the FEGLI Fund, and the FEHB Fund, as appropriate,
and shall be available for the authorized purposes of those accounts:
Provided further, That any differences between the present value
factors published in OPM’s yearly 300 series benefit letters and
the factors that OPM provides for USPTO’s specific use shall be
recognized as an imputed cost on USPTO’s financial statements,
where applicable: Provided further, That, notwithstanding any other
provision of law, all fees and surcharges assessed and collected
by USPTO are available for USPTO only pursuant to section 42(c)

H. R. 2029—50
of title 35, United States Code, as amended by section 22 of the
Leahy-Smith America Invents Act (Public Law 112–29): Provided
further, That within the amounts appropriated, $2,000,000 shall
be transferred to the ‘‘Office of Inspector General’’ account for
activities associated with carrying out investigations and audits
related to the USPTO.
NATIONAL INSTITUTE

OF

STANDARDS

AND

TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the National Institute of Standards
and Technology (NIST), $690,000,000, to remain available until
expended, of which not to exceed $9,000,000 may be transferred
to the ‘‘Working Capital Fund’’: Provided, That not to exceed $5,000
shall be for official reception and representation expenses: Provided
further, That NIST may provide local transportation for summer
undergraduate research fellowship program participants.
INDUSTRIAL TECHNOLOGY SERVICES

For necessary expenses for industrial technology services,
$155,000,000, to remain available until expended, of which
$130,000,000 shall be for the Hollings Manufacturing Extension
Partnership, and of which $25,000,000 shall be for the National
Network for Manufacturing Innovation.
CONSTRUCTION OF RESEARCH FACILITIES

For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance
of existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by sections
13 through 15 of the National Institute of Standards and Technology
Act (15 U.S.C. 278c–278e), $119,000,000, to remain available until
expended: Provided, That the Secretary of Commerce shall include
in the budget justification materials that the Secretary submits
to Congress in support of the Department of Commerce budget
(as submitted with the budget of the President under section 1105(a)
of title 31, United States Code) an estimate for each National
Institute of Standards and Technology construction project having
a total multi-year program cost of more than $5,000,000, and
simultaneously the budget justification materials shall include an
estimate of the budgetary requirements for each such project for
each of the 5 subsequent fiscal years.
NATIONAL OCEANIC

AND

ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft and vessels; grants,
contracts, or other payments to nonprofit organizations for the

H. R. 2029—51
purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $3,305,813,000, to remain available until September 30, 2017, except that funds provided for
cooperative enforcement shall remain available until September
30, 2018: Provided, That fees and donations received by the National
Ocean Service for the management of national marine sanctuaries
may be retained and used for the salaries and expenses associated
with those activities, notwithstanding section 3302 of title 31,
United States Code: Provided further, That in addition,
$130,164,000 shall be derived by transfer from the fund entitled
‘‘Promote and Develop Fishery Products and Research Pertaining
to American Fisheries’’, which shall only be used for fishery activities related to the Saltonstall-Kennedy Grant Program, Cooperative
Research, Annual Stock Assessments, Survey and Monitoring
Projects, Interjurisdictional Fisheries Grants, and Fish Information
Networks: Provided further, That of the $3,453,477,000 provided
for in direct obligations under this heading, $3,305,813,000 is appropriated from the general fund, $130,164,000 is provided by transfer
and $17,500,000 is derived from recoveries of prior year obligations:
Provided further, That the total amount available for National
Oceanic and Atmospheric Administration corporate services
administrative support costs shall not exceed $226,300,000: Provided further, That any deviation from the amounts designated
for specific activities in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act: Provided further, That in
addition, for necessary retired pay expenses under the Retired
Serviceman’s Family Protection and Survivor Benefits Plan, and
for payments for the medical care of retired personnel and their
dependents under the Dependents Medical Care Act (10 U.S.C.
55), such sums as may be necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)

For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $2,400,416,000, to remain available until September 30, 2018, except that funds provided for
acquisition and construction of vessels and construction of facilities
shall remain available until expended: Provided, That of the
$2,413,416,000 provided for in direct obligations under this heading,
$2,400,416,000 is appropriated from the general fund and
$13,000,000 is provided from recoveries of prior year obligations:
Provided further, That any deviation from the amounts designated
for specific activities in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act: Provided further, That the
Secretary of Commerce shall include in budget justification materials that the Secretary submits to Congress in support of the
Department of Commerce budget (as submitted with the budget
of the President under section 1105(a) of title 31, United States

H. R. 2029—52
Code) an estimate for each National Oceanic and Atmospheric
Administration procurement, acquisition or construction project
having a total of more than $5,000,000 and simultaneously the
budget justification shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent
fiscal years: Provided further, That within the amounts appropriated, $80,050,000 shall not be available for obligation or expenditure until 15 days after the Under Secretary of Commerce for
Oceans and Atmosphere submits to the Committees on Appropriations of the House of Representatives and the Senate a fleet modernization and recapitalization plan: Provided further, That, within
the amounts appropriated, $1,302,000 shall be transferred to the
‘‘Office of Inspector General’’ account for activities associated with
carrying out investigations and audits related to satellite procurement, acquisition and construction.
PACIFIC COASTAL SALMON RECOVERY

For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available until
September 30, 2017: Provided, That, of the funds provided herein,
the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the
Federally recognized tribes of the Columbia River and Pacific Coast
(including Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed,
for maintaining populations necessary for exercise of tribal treaty
fishing rights or native subsistence fishing, or for conservation
of Pacific coastal salmon and steelhead habitat, based on guidelines
to be developed by the Secretary of Commerce: Provided further,
That all funds shall be allocated based on scientific and other
merit principles and shall not be available for marketing activities:
Provided further, That funds disbursed to States shall be subject
to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds.
FISHERMEN’S CONTINGENCY FUND

For carrying out the provisions of title IV of Public Law 95–
372, not to exceed $350,000, to be derived from receipts collected
pursuant to that Act, to remain available until expended.
FISHERIES FINANCE PROGRAM ACCOUNT

Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2016, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES

For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed $4,500
for official reception and representation, $58,000,000: Provided,

H. R. 2029—53
That within amounts provided, the Secretary of Commerce may
use up to $2,500,000 to engage in activities to provide businesses
and communities with information about and referrals to relevant
Federal, State, and local government programs.
RENOVATION AND MODERNIZATION

For necessary expenses for the renovation and modernization
of Department of Commerce facilities, $19,062,000, to remain available until expended.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $32,000,000.
GENERAL PROVISIONS—DEPARTMENT

OF

COMMERCE

(INCLUDING TRANSFER OF FUNDS)

SEC. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the
Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in
the manner prescribed by the Act, and, notwithstanding 31 U.S.C.
3324, may be used for advanced payments not otherwise authorized
only upon the certification of officials designated by the Secretary
of Commerce that such payments are in the public interest.
SEC. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries
and expenses shall be available for hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; services as authorized
by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901–5902).
SEC. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That the Secretary of Commerce
shall notify the Committees on Appropriations at least 15 days
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the Department of Commerce.
SEC. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations
Act, 2012 (Public Law 112–55), as amended by section 105 of
title I of division B of Public Law 113–6, are hereby adopted
by reference and made applicable with respect to fiscal year 2016:
Provided, That the life cycle cost for the Joint Polar Satellite System
is $11,322,125,000 and the life cycle cost for the Geostationary
Operational Environmental Satellite R-Series Program is
$10,828,059,000.

H. R. 2029—54
SEC. 105. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support
the operation, maintenance, and improvement of space that persons,
firms, or organizations are authorized, pursuant to the Public
Buildings Cooperative Use Act of 1976 or other authority, to use
or occupy in the Herbert C. Hoover Building, Washington, DC,
or other buildings, the maintenance, operation, and protection of
which has been delegated to the Secretary from the Administrator
of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable
basis. Amounts received as reimbursement for services provided
under this section or the authority under which the use or occupancy
of the space is authorized, up to $200,000, shall be credited to
the appropriation or fund which initially bears the costs of such
services.
SEC. 106. Nothing in this title shall be construed to prevent
a grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
SEC. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of
any department, agency, or instrumentality of the United States,
or of any State, local government, Indian tribal government, Territory, or possession, or of any political subdivision thereof, or of
any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration.
SEC. 108. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has provided
information to the customer on how an electronic copy of such
report or document may be accessed and downloaded for free online.
Should a customer still require the Service to provide a printed
or digital copy of the report or document, the charge shall be
limited to recovering the Service’s cost of processing, reproducing,
and delivering such report or document.
SEC. 109. The Secretary of Commerce may waive the requirement for bonds under 40 U.S.C. 3131 with respect to contracts
for the construction, alteration, or repair of vessels, regardless
of the terms of the contracts as to payment or title, when the
contract is made under the Coast and Geodetic Survey Act of
1947 (33 U.S.C. 883a et seq.).
SEC. 110. (a) None of the funds made available by this Act
or any other appropriations Act may be used by the Secretary
of Commerce for management activities pursuant to the Fishery
Management Plan for the Reef Fish Resources of the Gulf of Mexico
or any amendment to such Plan unless such management is conducted beyond the seaward boundary of a coastal State as set
out under subsection (b).
(b) Notwithstanding any other provision of law, for the purpose
of carrying out activities pursuant to the Fishery Management
Plan for the Reef Fish Resources of the Gulf of Mexico or any
amendment to such Plan, the seaward boundary of a coastal State
in the Gulf of Mexico is a line 9 nautical miles seaward from

H. R. 2029—55
the baseline from which the territorial sea of the United States
is measured.
SEC. 111. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the Administrator of NOAA is authorized to: (1) enter into grants and cooperative agreements with; (2) use on a non-reimbursable basis land,
services, equipment, personnel, and facilities provided by; and (3)
receive and expend funds made available on a consensual basis
from: a Federal agency, State or subdivision thereof, local government, tribal government, territory, or possession or any subdivisions
thereof: Provided, That funds received for permitting and related
regulatory activities pursuant to this section shall be deposited
under the heading ‘‘National Oceanic and Atmospheric Administration—Operations, Research, and Facilities’’ and shall remain available until September 30, 2018, for such purposes: Provided further,
That all funds within this section and their corresponding uses
are subject to section 505 of this Act.
SEC. 112. Amounts provided by this Act or by any prior appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration of the Department of Commerce, including amounts provided
for programs of the Bureau of Economic Analysis and the U.S.
Census Bureau, shall be available for expenses of cooperative agreements with appropriate entities, including any Federal, State, or
local governmental unit, or institution of higher education, to aid
and promote statistical, research, and methodology activities which
further the purposes for which such amounts have been made
available.
This title may be cited as the ‘‘Department of Commerce Appropriations Act, 2016’’.
TITLE II
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $111,500,000, of which not to exceed $4,000,000
for security and construction of Department of Justice facilities
shall remain available until expended.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $31,000,000, to remain available until expended: Provided, That the Attorney General may transfer up to $35,400,000
to this account, from funds available to the Department of Justice
for information technology, to remain available until expended,
for enterprise-wide information technology initiatives: Provided further, That the transfer authority in the preceding proviso is in
addition to any other transfer authority contained in this Act.

H. R. 2029—56
ADMINISTRATIVE REVIEW AND APPEALS
(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities, $426,791,000,
of which $4,000,000 shall be derived by transfer from the Executive
Office for Immigration Review fees deposited in the ‘‘Immigration
Examinations Fee’’ account: Provided, That of the amount available
for the Executive Office for Immigration Review, not to exceed
$15,000,000 shall remain available until expended.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General,
$93,709,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission
as authorized, $13,308,000: Provided, That, notwithstanding any
other provision of law, upon the expiration of a term of office
of a Commissioner, the Commissioner may continue to act until
a successor has been appointed.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed
$20,000 for expenses of collecting evidence, to be expended under
the direction of, and to be accounted for solely under the certificate
of, the Attorney General; and rent of private or Government-owned
space in the District of Columbia, $893,000,000, of which not to
exceed $20,000,000 for litigation support contracts shall remain
available until expended: Provided, That of the amount provided
for INTERPOL Washington dues payments, not to exceed $685,000
shall remain available until expended: Provided further, That of
the total amount appropriated, not to exceed $9,000 shall be available to INTERPOL Washington for official reception and representation expenses: Provided further, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may transfer
such amounts to ‘‘Salaries and Expenses, General Legal Activities’’
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the preceding proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That of the amount appropriated,
such sums as may be necessary shall be available to the Civil

H. R. 2029—57
Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act
of 1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel
Management for such salaries and expenses: Provided further, That
of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended.
In addition, for reimbursement of expenses of the Department
of Justice associated with processing cases under the National
Childhood Vaccine Injury Act of 1986, not to exceed $9,358,000,
to be appropriated from the Vaccine Injury Compensation Trust
Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and
kindred laws, $164,977,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, fees
collected for premerger notification filings under the Hart-ScottRodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and estimated to be $124,000,000
in fiscal year 2016), shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections
are received during fiscal year 2016, so as to result in a final
fiscal year 2016 appropriation from the general fund estimated
at $40,977,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements, $2,000,000,000: Provided, That of the total amount appropriated, not to exceed $7,200 shall be available for official reception
and representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate
in a task force on human trafficking.
UNITED STATES TRUSTEE SYSTEM FUND

For necessary expenses of the United States Trustee Program,
as authorized, $225,908,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits
to the United States Trustee System Fund and amounts herein
appropriated shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, fees collected pursuant
to section 589a(b) of title 28, United States Code, shall be retained
and used for necessary expenses in this appropriation and shall
remain available until expended: Provided further, That to the
extent that fees collected in fiscal year 2016, net of amounts necessary to pay refunds due depositors, exceed $225,908,000, those
excess amounts shall be available in future fiscal years only to
the extent provided in advance in appropriations Acts: Provided
further, That the sum herein appropriated from the general fund
shall be reduced (1) as such fees are received during fiscal year
2016, net of amounts necessary to pay refunds due depositors,

H. R. 2029—58
(estimated at $162,400,000) and (2) to the extent that any remaining
general fund appropriations can be derived from amounts deposited
in the Fund in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2016 appropriation
from the general fund estimated at $0.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized
by section 3109 of title 5, United States Code, $2,374,000.
FEES AND EXPENSES OF WITNESSES

For fees and expenses of witnesses, for expenses of contracts
for the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which
not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase
and maintenance of armored and other vehicles for witness security
caravans; and not to exceed $13,000,000 is for the purchase,
installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network
to store and retrieve the identities and locations of protected witnesses: Provided, That amounts made available under this heading
may not be transferred pursuant to section 205 of this Act.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Community Relations Service,
$14,446,000: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service,
the Attorney General may transfer such amounts to the Community
Relations Service, from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any
transfer pursuant to the preceding proviso shall be treated as
a reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance with
the procedures set forth in that section.
ASSETS FORFEITURE FUND

For expenses authorized by subparagraphs (B), (F), and (G)
of section 524(c)(1) of title 28, United States Code, $20,514,000,
to be derived from the Department of Justice Assets Forfeiture
Fund.

H. R. 2029—59
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES

For necessary expenses of the United States Marshals Service,
$1,230,581,000, of which not to exceed $6,000 shall be available
for official reception and representation expenses, and not to exceed
$15,000,000 shall remain available until expended.
CONSTRUCTION

For construction in space controlled, occupied or utilized by
the United States Marshals Service for prisoner holding and related
support, $15,000,000, to remain available until expended.
FEDERAL PRISONER DETENTION
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses related to United States prisoners in
the custody of the United States Marshals Service as authorized
by section 4013 of title 18, United States Code, $1,454,414,000,
to remain available until expended: Provided, That not to exceed
$20,000,000 shall be considered ‘‘funds appropriated for State and
local law enforcement assistance’’ pursuant to section 4013(b) of
title 18, United States Code: Provided further, That the United
States Marshals Service shall be responsible for managing the
Justice Prisoner and Alien Transportation System: Provided further,
That any unobligated balances available from funds appropriated
under the heading ‘‘General Administration, Detention Trustee’’
shall be transferred to and merged with the appropriation under
this heading.
NATIONAL SECURITY DIVISION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For expenses necessary to carry out the activities of the
National Security Division, $95,000,000, of which not to exceed
$5,000,000 for information technology systems shall remain available until expended: Provided, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for the activities
of the National Security Division, the Attorney General may
transfer such amounts to this heading from available appropriations
for the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be treated
as a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in compliance
with the procedures set forth in that section.

H. R. 2029—60
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT

For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise provided for, to include inter-governmental agreements with
State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime
drug trafficking, $512,000,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts obligated
from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation.
FEDERAL BUREAU

OF INVESTIGATION

SALARIES AND EXPENSES

For necessary expenses of the Federal Bureau of Investigation
for detection, investigation, and prosecution of crimes against the
United States, $8,489,786,000, of which not to exceed $216,900,000
shall remain available until expended: Provided, That not to exceed
$184,500 shall be available for official reception and representation
expenses.
CONSTRUCTION

For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities and sites by purchase, or as otherwise authorized by law; conversion, modification
and extension of federally owned buildings; and preliminary planning and design of projects; $308,982,000, to remain available until
expended.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to section 530C of
title 28, United States Code; and expenses for conducting drug
education and training programs, including travel and related
expenses for participants in such programs and the distribution
of items of token value that promote the goals of such programs,
$2,080,000,000, of which not to exceed $75,000,000 shall remain
available until expended and not to exceed $90,000 shall be available for official reception and representation expenses.
BUREAU

OF

ALCOHOL, TOBACCO, FIREARMS

AND

EXPLOSIVES

SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement

H. R. 2029—61
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement, $1,240,000,000, of which not to exceed
$36,000 shall be for official reception and representation expenses,
not to exceed $1,000,000 shall be available for the payment of
attorneys’ fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $20,000,000 shall remain available
until expended: Provided, That none of the funds appropriated
herein shall be available to investigate or act upon applications
for relief from Federal firearms disabilities under section 925(c)
of title 18, United States Code: Provided further, That such funds
shall be available to investigate and act upon applications filed
by corporations for relief from Federal firearms disabilities under
section 925(c) of title 18, United States Code: Provided further,
That no funds made available by this or any other Act may be
used to transfer the functions, missions, or activities of the Bureau
of Alcohol, Tobacco, Firearms and Explosives to other agencies
or Departments.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $6,948,500,000: Provided, That the Attorney General may
transfer to the Department of Health and Human Services such
amounts as may be necessary for direct expenditures by that
Department for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into contracts
with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal
Prison System, furnish health services to individuals committed
to the custody of the Federal Prison System: Provided further,
That not to exceed $5,400 shall be available for official reception
and representation expenses: Provided further, That not to exceed
$50,000,000 shall remain available for necessary operations until
September 30, 2017: Provided further, That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall
remain available until expended to make payments in advance
for grants, contracts and reimbursable agreements, and other
expenses: Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit entity
which has operated such program in the past, notwithstanding
the fact that such not-for-profit entity furnishes services under
contracts to the Federal Prison System relating to the operation
of pre-release services, halfway houses, or other custodial facilities.

H. R. 2029—62
BUILDINGS AND FACILITIES

For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings
and facilities at existing penal and correctional institutions,
including all necessary expenses incident thereto, by contract or
force account, $530,000,000, to remain available until expended,
of which $444,000,000 shall be available only for costs related
to construction of new facilities: Provided, That labor of United
States prisoners may be used for work performed under this appropriation.
FEDERAL PRISON INDUSTRIES, INCORPORATED

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and
borrowing authority available, and in accord with the law, and
to make such contracts and commitments without regard to fiscal
year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the program
set forth in the budget for the current fiscal year for such corporation.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON
INDUSTRIES, INCORPORATED

Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title
5, United States Code, to be computed on an accrual basis to
be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive
of depreciation, payment of claims, and expenditures which such
accounting system requires to be capitalized or charged to cost
of commodities acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition, construction,
operation, maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or in
which it has an interest.
STATE

AND

LOCAL LAW ENFORCEMENT ACTIVITIES

OFFICE

ON

VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION
PROGRAMS

For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women,
as authorized by the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.) (‘‘the 1968 Act’’); the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103–322) (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990
(Public Law 101–647) (‘‘the 1990 Act’’); the Prosecutorial Remedies
and Other Tools to end the Exploitation of Children Today Act

H. R. 2029—63
of 2003 (Public Law 108–21); the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’);
the Victims of Trafficking and Violence Protection Act of 2000
(Public Law 106–386) (‘‘the 2000 Act’’); the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (Public
Law 109–162) (‘‘the 2005 Act’’); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’);
and the Rape Survivor Child Custody Act of 2015 (Public Law
114–22) (‘‘the 2015 Act’’); and for related victims services,
$480,000,000, to remain available until expended, of which
$379,000,000 shall be derived by transfer from amounts available
for obligation in this Act from the Fund established by section
1402 of chapter XIV of title II of Public Law 98–473 (42 U.S.C.
10601), notwithstanding section 1402(d) of such Act of 1984, and
merged with the amounts otherwise made available under this
heading: Provided, That except as otherwise provided by law, not
to exceed 5 percent of funds made available under this heading
may be used for expenses related to evaluation, training, and technical assistance: Provided further, That of the amount provided—
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $30,000,000 is for transitional housing assistance grants
for victims of domestic violence, dating violence, stalking, or
sexual assault as authorized by section 40299 of the 1994
Act;
(3) $5,000,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women, which shall be transferred to ‘‘Research,
Evaluation and Statistics’’ for administration by the Office of
Justice Programs;
(4) $11,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; programs
to engage men and youth in preventing such violence; and
assistance to middle and high school students through education and other services related to such violence: Provided,
That unobligated balances available for the programs authorized by sections 41201, 41204, 41303, and 41305 of the 1994
Act, prior to its amendment by the 2013 Act, shall be available
for this program: Provided further, That 10 percent of the
total amount available for this grant program shall be available
for grants under the program authorized by section 2015 of
the 1968 Act: Provided further, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to
this program;
(5) $51,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000
is for a homicide reduction initiative;
(6) $35,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $34,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;

H. R. 2029—64
(8) $20,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of
the 2005 Act;
(9) $45,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act;
(10) $5,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40802 of the 1994 Act;
(11) $16,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002
of the 1994 Act, prior to their amendment by the 2013 Act,
shall be available for this program;
(12) $6,000,000 is for education and training to end violence
against and abuse of women with disabilities, as authorized
by section 1402 of the 2000 Act;
(13) $500,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act: Provided, That such funds may be transferred
to ‘‘Research, Evaluation and Statistics’’ for administration by
the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $2,500,000 is for grants to assist tribal governments
in exercising special domestic violence criminal jurisdiction,
as authorized by section 904 of the 2013 Act: Provided, That
the grant conditions in section 40002(b) of the 1994 Act shall
apply to this program; and
(17) $2,500,000 for the purposes authorized under the 2015
Act.
OFFICE

OF

JUSTICE PROGRAMS

RESEARCH, EVALUATION AND STATISTICS

For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (‘‘the 1968 Act’’); the Juvenile Justice and
Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the Missing
Children’s Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial
Remedies and Other Tools to end the Exploitation of Children
Today Act of 2003 (Public Law 108–21); the Justice for All Act
of 2004 (Public Law 108–405); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109–162) (‘‘the 2005 Act’’); the Victims of Child Abuse Act of 1990
(Public Law 101–647); the Second Chance Act of 2007 (Public Law
110–199); the Victims of Crime Act of 1984 (Public Law 98–473);
the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109–248) (‘‘the Adam Walsh Act’’); the PROTECT Our Children
Act of 2008 (Public Law 110–401); subtitle D of title II of the
Homeland Security Act of 2002 (Public Law 107–296) (‘‘the 2002
Act’’); the NICS Improvement Amendments Act of 2007 (Public

H. R. 2029—65
Law 110–180); the Violence Against Women Reauthorization Act
of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); and other programs,
$116,000,000, to remain available until expended, of which—
(1) $41,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act;
(2) $36,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title
I of the 1968 Act and subtitle D of title II of the 2002 Act;
(3) $35,000,000 is for regional information sharing activities, as authorized by part M of title I of the 1968 Act; and
(4) $4,000,000 is for activities to strengthen and enhance
the practice of forensic sciences, of which $3,000,000 is for
transfer to the National Institute of Standards and Technology
to support Scientific Area Committees.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus
Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the
Justice for All Act of 2004 (Public Law 108–405); the Victims
of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’);
the Trafficking Victims Protection Reauthorization Act of 2005
(Public Law 109–164); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109–162) (‘‘the
2005 Act’’); the Adam Walsh Child Protection and Safety Act of
2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the Victims
of Trafficking and Violence Protection Act of 2000 (Public Law
106–386); the NICS Improvement Amendments Act of 2007 (Public
Law 110–180); subtitle D of title II of the Homeland Security
Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); the Second
Chance Act of 2007 (Public Law 110–199); the Prioritizing Resources
and Organization for Intellectual Property Act of 2008 (Public Law
110–403); the Victims of Crime Act of 1984 (Public Law 98–473);
the Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law 110–
416); the Violence Against Women Reauthorization Act of 2013
(Public Law 113–4) (‘‘the 2013 Act’’); and other programs,
$1,408,500,000, to remain available until expended as follows—
(1) $476,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part
E of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g) of title
I of the 1968 Act shall not apply for purposes of this Act),
of which, notwithstanding such subpart 1, $15,000,000 is for
an Officer Robert Wilson III memorial initiative on Preventing
Violence Against Law Enforcement Officer Resilience and
Survivability (VALOR), $4,000,000 is for use by the National
Institute of Justice for research targeted toward developing
a better understanding of the domestic radicalization phenomenon, and advancing evidence-based strategies for effective
intervention and prevention, $5,000,000 is for an initiative
to support evidence-based policing, $2,500,000 is for an initiative to enhance prosecutorial decision-making, $100,000,000 is
for grants for law enforcement activities associated with the

H. R. 2029—66
presidential nominating conventions, and $2,400,000 is for the
operationalization, maintenance and expansion of the National
Missing and Unidentified Persons System;
(2) $210,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
than the actual cost for Federal immigration and other
detainees housed in State and local detention facilities;
(3) $45,000,000 for victim services programs for victims
of trafficking, as authorized by section 107(b)(2) of Public Law
106–386, for programs authorized under Public Law 109–164,
or programs authorized under Public Law 113–4;
(4) $42,000,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(5) $10,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110–416);
(6) $12,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(7) $2,500,000 for the Capital Litigation Improvement
Grant Program, as authorized by section 426 of Public Law
108–405, and for grants for wrongful conviction review;
(8) $13,000,000 for economic, high technology and Internet
crime prevention grants, including as authorized by section
401 of Public Law 110–403;
(9) $2,000,000 for a student loan repayment assistance
program pursuant to section 952 of Public Law 110–315;
(10) $20,000,000 for sex offender management assistance,
as authorized by the Adam Walsh Act, and related activities;
(11) $8,000,000 for an initiative relating to children exposed
to violence;
(12) $22,500,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of
title I of the 1968 Act: Provided, That $1,500,000 is transferred
directly to the National Institute of Standards and Technology’s
Office of Law Enforcement Standards for research, testing and
evaluation programs;
(13) $1,000,000 for the National Sex Offender Public
Website;
(14) $6,500,000 for competitive and evidence-based programs to reduce gun crime and gang violence;
(15) $73,000,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000
shall be for grants made under the authorities of the NICS
Improvement Amendments Act of 2007 (Public Law 110–180);
(16) $13,500,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968
Act;
(17) $125,000,000 for DNA-related and forensic programs
and activities, of which—

H. R. 2029—67
(A) $117,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and Federal forensic activities, including the purposes authorized
under section 2 of the DNA Analysis Backlog Elimination
Act of 2000 (Public Law 106–546) (the Debbie Smith DNA
Backlog Grant Program): Provided, That up to 4 percent
of funds made available under this paragraph may be
used for the purposes described in the DNA Training and
Education for Law Enforcement, Correctional Personnel,
and Court Officers program (Public Law 108–405, section
303);
(B) $4,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Program
(Public Law 108–405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108–405;
(18) $45,000,000 for a grant program for community-based
sexual assault response reform;
(19) $9,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(20) $30,000,000 for assistance to Indian tribes;
(21) $68,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110–199), without regard to the time limitations
specified at section 6(1) of such Act, of which not to exceed
$6,000,000 is for a program to improve State, local, and tribal
probation or parole supervision efforts and strategies,
$5,000,000 is for Children of Incarcerated Parents Demonstrations to enhance and maintain parental and family relationships for incarcerated parents as a reentry or recidivism reduction strategy, and $4,000,000 is for additional replication sites
employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain sanctions
in probation, and for a research project on the effectiveness
of the model: Provided, That up to $7,500,000 of funds made
available in this paragraph may be used for performance-based
awards for Pay for Success projects, of which up to $5,000,000
shall be for Pay for Success programs implementing the Permanent Supportive Housing Model;
(22) $6,000,000 for a veterans treatment courts program;
(23) $13,000,000 for a program to monitor prescription
drugs and scheduled listed chemical products;
(24) $10,500,000 for prison rape prevention and prosecution
grants to States and units of local government, and other
programs, as authorized by the Prison Rape Elimination Act
of 2003 (Public Law 108–79);
(25) $75,000,000 for the Comprehensive School Safety Initiative: Provided, That section 213 of this Act shall not apply
with respect to the amount made available in this paragraph;
and
(26) $70,000,000 for initiatives to improve police-community
relations, of which $22,500,000 is for a competitive matching
grant program for purchases of body-worn cameras for State,
local and tribal law enforcement, $27,500,000 is for a justice
reinvestment initiative, for activities related to criminal justice
reform and recidivism reduction, $5,000,000 is for research

H. R. 2029—68
and statistics on body-worn cameras and community trust
issues, and $15,000,000 is for an Edward Byrne Memorial
criminal justice innovation program:
Provided, That, if a unit of local government uses any of the
funds made available under this heading to increase the number
of law enforcement officers, the unit of local government will achieve
a net gain in the number of law enforcement officers who perform
non-administrative public sector safety service.
JUVENILE JUSTICE PROGRAMS

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention
Act of 1974 (‘‘the 1974 Act’’); the Omnibus Crime Control and
Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s
Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies
and Other Tools to end the Exploitation of Children Today Act
of 2003 (Public Law 108–21); the Victims of Child Abuse Act of
1990 (Public Law 101–647) (‘‘the 1990 Act’’); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109–248)
(‘‘the Adam Walsh Act’’); the PROTECT Our Children Act of 2008
(Public Law 110–401); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); and other juvenile
justice programs, $270,160,000, to remain available until expended
as follows—
(1) $58,000,000 for programs authorized by section 221
of the 1974 Act, and for training and technical assistance
to assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State,
local and tribal juvenile justice residential facilities;
(2) $90,000,000 for youth mentoring grants;
(3) $17,500,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to sections
261 and 262 thereof—
(A) $10,000,000 shall be for the Tribal Youth Program;
(B) $5,000,000 shall be for gang and youth violence
education, prevention and intervention, and related activities;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated parents; and
(D) $2,000,000 shall be for competitive grants focusing
on girls in the juvenile justice system;
(4) $20,000,000 for programs authorized by the Victims
of Child Abuse Act of 1990;
(5) $8,000,000 for community-based violence prevention initiatives, including for public health approaches to reducing
shootings and violence;
(6) $72,160,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a)
of the 1974 Act (except that section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (Public Law 110–401) shall
not apply for purposes of this Act);

H. R. 2029—69
(7) $2,000,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of
the 1990 Act; and
(8) $2,500,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities designed
to benefit the programs or activities authorized: Provided further,
That not more than 2 percent of the amounts designated under
paragraphs (1) through (4) and (7) may be used for training and
technical assistance: Provided further, That the two preceding provisos shall not apply to grants and projects administered pursuant
to sections 261 and 262 of the 1974 Act and to missing and exploited
children programs.
PUBLIC SAFETY OFFICER BENEFITS
(INCLUDING TRANSFER OF FUNDS)

For payments and expenses authorized under section 1001(a)(4)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $16,300,000
for payments authorized by section 1201(b) of such Act and for
educational assistance authorized by section 1218 of such Act, to
remain available until expended: Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney
General that emergent circumstances require additional funding
for such disability and education payments, the Attorney General
may transfer such amounts to ‘‘Public Safety Officer Benefits’’ from
available appropriations for the Department of Justice as may
be necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be treated
as a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
COMMUNITY ORIENTED POLICING SERVICES
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322); the Omnibus
Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); and
the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’),
$212,000,000, to remain available until expended: Provided, That
any balances made available through prior year deobligations shall
only be available in accordance with section 505 of this Act: Provided
further, That of the amount provided under this heading—
(1) $11,000,000 is for anti-methamphetamine-related activities, which shall be transferred to the Drug Enforcement
Administration upon enactment of this Act;
(2) $187,000,000 is for grants under section 1701 of title
I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring
of additional career law enforcement officers under part Q

H. R. 2029—70
of such title notwithstanding subsection (i) of such section:
Provided, That, notwithstanding section 1704(c) of such title
(42 U.S.C. 3796dd–3(c)), funding for hiring or rehiring a career
law enforcement officer may not exceed $125,000 unless the
Director of the Office of Community Oriented Policing Services
grants a waiver from this limitation: Provided further, That
within the amounts appropriated under this paragraph,
$30,000,000 is for improving tribal law enforcement, including
hiring, equipment, training, and anti-methamphetamine activities: Provided further, That of the amounts appropriated under
this paragraph, $10,000,000 is for community policing development activities in furtherance of the purposes in section 1701:
Provided further, That within the amounts appropriated under
this paragraph, $10,000,000 is for the collaborative reform
model of technical assistance in furtherance of the purposes
in section 1701;
(3) $7,000,000 is for competitive grants to State law enforcement agencies in States with high seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory
dump seizures: Provided, That funds appropriated under this
paragraph shall be utilized for investigative purposes to locate
or investigate illicit activities, including precursor diversion,
laboratories, or methamphetamine traffickers; and
(4) $7,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including activities
related to the distribution of heroin or unlawful distribution
of prescription opioids, or unlawful heroin and prescription
opioid traffickers through statewide collaboration.
GENERAL PROVISIONS—DEPARTMENT

OF

JUSTICE

(INCLUDING TRANSFER OF FUNDS)

SEC. 201. In addition to amounts otherwise made available
in this title for official reception and representation expenses, a
total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney
General for official reception and representation expenses.
SEC. 202. None of the funds appropriated by this title shall
be available 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: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void.
SEC. 203. None of the funds appropriated under this title shall
be used to require any person to perform, or facilitate in any
way the performance of, any abortion.
SEC. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section
in any way diminishes the effect of section 203 intended to address
the philosophical beliefs of individual employees of the Bureau
of Prisons.

H. R. 2029—71
SEC. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance with
the procedures set forth in that section.
SEC. 206. Funds appropriated by this or any other Act, with
respect to any fiscal year, under the heading ‘‘Bureau of Alcohol,
Tobacco, Firearms and Explosives, Salaries and Expenses’’ shall
be available for retention pay for any employee who would otherwise
be subject to a reduction in pay upon termination of the Bureau’s
Personnel Management Demonstration Project (as transferred to
the Attorney General by section 1115 of the Homeland Security
Act of 2002, Public Law 107–296 (28 U.S.C. 599B)): Provided,
That such retention pay shall comply with section 5363 of title
5, United States Code, and related Office of Personnel Management
regulations, except as provided in this section: Provided further,
That such retention pay shall be paid at the employee’s rate of
pay immediately prior to the termination of the demonstration
project and shall not be subject to the limitation set forth in section
5304(g)(1) of title 5, United States Code, and related regulations.
SEC. 207. None of the funds made available under this title
may be used by the Federal Bureau of Prisons or the United
States Marshals Service for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high
security prisoner, other than to a prison or other facility certified
by the Federal Bureau of Prisons as appropriately secure for
housing such a prisoner.
SEC. 208. (a) None of the funds appropriated by this Act may
be used by Federal prisons to purchase cable television services,
or to rent or purchase audiovisual or electronic media or equipment
used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance,
or purchase of audiovisual or electronic media or equipment for
inmate training, religious, or educational programs.
SEC. 209. None of the funds made available under this title
shall be obligated or expended for any new or enhanced information
technology program having total estimated development costs in
excess of $100,000,000, unless the Deputy Attorney General and
the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that
the information technology program has appropriate program
management controls and contractor oversight mechanisms in place,
and that the program is compatible with the enterprise architecture
of the Department of Justice.
SEC. 210. The notification thresholds and procedures set forth
in section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act), and to any use of deobligated balances
of funds provided under this title in previous years.
SEC. 211. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or approve

H. R. 2029—72
a public-private competition under the Office of Management and
Budget Circular A–76 or any successor administrative regulation,
directive, or policy for work performed by employees of the Bureau
of Prisons or of Federal Prison Industries, Incorporated.
SEC. 212. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title
28, United States Code.
SEC. 213. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated
by this title under the headings ‘‘Research, Evaluation and Statistics’’, ‘‘State and Local Law Enforcement Assistance’’, and ‘‘Juvenile
Justice Programs’’—
(1) up to 3 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may
be used by such Office to provide training and technical assistance; and
(2) up to 2 percent of funds made available for grant
or reimbursement programs under such headings, except for
amounts appropriated specifically for research, evaluation, or
statistical programs administered by the National Institute
of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National
Institute of Justice and the Bureau of Justice Statistics, to
be used by them for research, evaluation, or statistical purposes,
without regard to the authorizations for such grant or
reimbursement programs.
SEC. 214. Upon request by a grantee for whom the Attorney
General has determined there is a fiscal hardship, the Attorney
General may, with respect to funds appropriated in this or any
other Act making appropriations for fiscal years 2013 through 2016
for the following programs, waive the following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797w(g)(1)), the requirements under section 2976(g)(1) of such
part.
(2) For State, Tribal, and local reentry courts under part
FF of title I of such Act of 1968 (42 U.S.C. 3797w–2(e)(1)
and (2)), the requirements under section 2978(e)(1) and (2)
of such part.
(3) For the prosecution drug treatment alternatives to
prison program under part CC of title I of such Act of 1968
(42 U.S.C. 3797q–3), the requirements under section 2904 of
such part.
(4) For grants to protect inmates and safeguard communities as authorized by section 6 of the Prison Rape Elimination
Act of 2003 (42 U.S.C. 15605(c)(3)), the requirements of section
6(c)(3) of such Act.
SEC. 215. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13709(a)) shall not
apply to amounts made available by this or any other Act.

H. R. 2029—73
SEC. 216. None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (18 U.S.C. 922 note), may be used by
a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a
drug cartel, unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
SEC. 217. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public Law
102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available
for obligation during fiscal year 2016, except up to $40,000,000
may be obligated for implementation of a unified Department of
Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102–140 (105 Stat.
784; 28 U.S.C. 527 note) shall be available for obligation in fiscal
year 2016, and any use, obligation, transfer or allocation of such
funds shall be treated as a reprogramming of funds under section
505 of this Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2016, and any
use, obligation, transfer or allocation of such funds shall be treated
as a reprogramming of funds under section 505 of this Act.
(d) Subsections (a) through (c) of this section shall sunset
on September 30, 2016.
SEC. 218. (a) Of the funds appropriated by this Act under
each of the headings ‘‘General Administration—Salaries and
Expenses’’, ‘‘United States Marshals Service—Salaries and
Expenses’’, ‘‘Federal Bureau of Investigation—Salaries and
Expenses’’, ‘‘Drug Enforcement Administration—Salaries and
Expenses’’, and ‘‘Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses’’, $20,000,000 shall not be available
for obligation until the Attorney General demonstrates to the
Committees on Appropriations of the House of Representatives and
the Senate that all recommendations included in the Office of
Inspector General of the Department of Justice, Evaluation and
Inspections Division Report 15–04 entitled ‘‘The Handling of Sexual
Harassment and Misconduct Allegations by the Department’s Law
Enforcement Components’’, dated March, 2015, have been implemented or are in the process of being implemented.
(b) The Inspector General of the Department of Justice shall
report to the Committees on Appropriations of the House of Representatives and the Senate not later than 90 days after the date
of enactment of this Act on the status of the Department’s
implementation of recommendations included in the report specified
in subsection (a).
SEC. 219. Discretionary funds that are made available in this
Act for the Office of Justice Programs may be used to participate
in Performance Partnership Pilots authorized under section 526
of division H of Public Law 113–76, section 524 of division G
of Public Law 113–235, and such authorities as are enacted for
Performance Partnership Pilots in an appropriations Act for fiscal
year 2016.

H. R. 2029—74
This title may be cited as the ‘‘Department of Justice Appropriations Act, 2016’’.
TITLE III
SCIENCE
OFFICE

OF

SCIENCE

AND

TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42
U.S.C. 6601 et seq.), hire of passenger motor vehicles, and services
as authorized by section 3109 of title 5, United States Code, not
to exceed $2,250 for official reception and representation expenses,
and rental of conference rooms in the District of Columbia,
$5,555,000.
NATIONAL AERONAUTICS

AND

SPACE ADMINISTRATION

SCIENCE

For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $5,589,400,000, to remain
available until September 30, 2017: Provided, That the formulation
and development costs (with development cost as defined under
section 30104 of title 51, United States Code) for the James Webb
Space Telescope shall not exceed $8,000,000,000: Provided further,
That should the individual identified under subsection (c)(2)(E)
of section 30104 of title 51, United States Code, as responsible
for the James Webb Space Telescope determine that the development cost of the program is likely to exceed that limitation, the
individual shall immediately notify the Administrator and the
increase shall be treated as if it meets the 30 percent threshold
described in subsection (f) of section 30104: Provided further, That,
of the amounts provided, $175,000,000 is for an orbiter with a
lander to meet the science goals for the Jupiter Europa mission
as outlined in the most recent planetary science decadal survey:
Provided further, That the National Aeronautics and Space
Administration shall use the Space Launch System as the launch
vehicle for the Jupiter Europa mission, plan for a launch no later
than 2022, and include in the fiscal year 2017 budget the 5-year
funding profile necessary to achieve these goals.
AERONAUTICS

For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space

H. R. 2029—75
flight, spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by sections 5901 and 5902 of
title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft,
$640,000,000, to remain available until September 30, 2017.
SPACE TECHNOLOGY

For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and development
activities, including research, development, operations, support, and
services; maintenance and repair, facility planning and design;
space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and 5902
of title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft,
$686,500,000, to remain available until September 30, 2017: Provided, That $133,000,000 shall be for the RESTORE satellite servicing program for completion of pre-formulation and initiation of
formulation activities for RESTORE and such funds shall not support activities solely needed for the asteroid redirect mission.
EXPLORATION

For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space
flight, spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by sections 5901 and 5902 of
title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft,
$4,030,000,000, to remain available until September 30, 2017: Provided, That not less than $1,270,000,000 shall be for the Orion
Multi-Purpose Crew Vehicle: Provided further, That not less than
$2,000,000,000 shall be for the Space Launch System (SLS) launch
vehicle, which shall have a lift capability not less than 130 metric
tons and which shall have core elements and an enhanced upper
stage developed simultaneously: Provided further, That of the
amounts provided for SLS, not less than $85,000,000 shall be for
enhanced upper stage development: Provided further, That
$410,000,000 shall be for exploration ground systems: Provided
further, That the National Aeronautics and Space Administration
shall provide to the Committees on Appropriations of the House
of Representatives and the Senate, concurrent with the annual
budget submission, a 5-year budget profile and funding projection
that adheres to a 70 percent Joint Confidence Level and is consistent with the Key Decision Point C (KDP–C) for the SLS and
with the management agreement contained in the KDP–C for the
Orion Multi-Purpose Crew Vehicle: Provided further, That
$350,000,000 shall be for exploration research and development.

H. R. 2029—76
SPACE OPERATIONS

For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and development
activities, including research, development, operations, support and
services; space flight, spacecraft control and communications activities, including operations, production, and services; maintenance
and repair, facility planning and design; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance and operation
of mission and administrative aircraft, $5,029,200,000, to remain
available until September 30, 2017.
EDUCATION

For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $115,000,000, to remain
available until September 30, 2017, of which $18,000,000 shall
be for the Experimental Program to Stimulate Competitive Research
and $40,000,000 shall be for the National Space Grant College
program.
SAFETY, SECURITY AND MISSION SERVICES

For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space technology, exploration, space operations and education research and development
activities, including research, development, operations, support, and
services; maintenance and repair, facility planning and design;
space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and 5902
of title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$2,768,600,000, to remain available until September 30, 2017.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental compliance and restoration, $388,900,000, to remain available until September 30, 2021: Provided, That proceeds from leases
deposited into this account shall be available for a period of 5

H. R. 2029—77
years to the extent and in amounts as provided in annual appropriations Acts: Provided further, That such proceeds referred to in
the preceding proviso shall be available for obligation for fiscal
year 2016 in an amount not to exceed $9,470,300: Provided further,
That each annual budget request shall include an annual estimate
of gross receipts and collections and proposed use of all funds
collected pursuant to section 20145 of title 51, United States Code.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $37,400,000, of
which $500,000 shall remain available until September 30, 2017.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)

Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until the prize
is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation except
in compliance with the procedures set forth in that section.
The spending plan required by this Act shall be provided by
NASA at the theme, program, project and activity level. The
spending plan, as well as any subsequent change of an amount
established in that spending plan that meets the notification
requirements of section 505 of this Act, shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance with
the procedures set forth in that section.
The unexpired balances for Commercial Spaceflight Activities
contained within the Exploration account may be transferred to
the Space Operations account for such activities. Balances so transferred shall be merged with the funds in the Space Operations
account and shall be available under the same terms, conditions
and period of time as previously appropriated.
For the closeout of all Space Shuttle contracts and associated
programs, amounts that have expired but have not been cancelled
in the Exploration, Space Operations, Human Space Flight, Space
Flight Capabilities, and Exploration Capabilities appropriations
accounts shall remain available through fiscal year 2025 for the
liquidation of valid obligations incurred during the period of fiscal
year 2001 through fiscal year 2013.

H. R. 2029—78
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law
86–209 (42 U.S.C. 1880 et seq.); services as authorized by section
3109 of title 5, United States Code; maintenance and operation
of aircraft and purchase of flight services for research support;
acquisition of aircraft; and authorized travel; $6,033,645,000, to
remain available until September 30, 2017, of which not to exceed
$540,000,000 shall remain available until expended for polar
research and operations support, and for reimbursement to other
Federal agencies for operational and science support and logistical
and other related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and materials
furnished by the National Research Centers and other National
Science Foundation supported research facilities may be credited
to this appropriation.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized travel, $200,310,000, to remain available until expended.
EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science, mathematics
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of 1950
(42 U.S.C. 1861 et seq.), including services as authorized by section
3109 of title 5, United States Code, authorized travel, and rental
of conference rooms in the District of Columbia, $880,000,000, to
remain available until September 30, 2017.
AGENCY OPERATIONS AND AWARD MANAGEMENT

For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42 U.S.C.
1861 et seq.); services authorized by section 3109 of title 5, United
States Code; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title
5, United States Code; rental of conference rooms in the District
of Columbia; and reimbursement of the Department of Homeland
Security for security guard services; $330,000,000: Provided, That
not to exceed $8,280 is for official reception and representation
expenses: Provided further, That contracts may be entered into
under this heading in fiscal year 2016 for maintenance and operation of facilities and for other services to be provided during
the next fiscal year: Provided further, That of the amount provided
for costs associated with the acquisition, occupancy, and related
costs of new headquarters space, not more than $30,770,000 shall
remain available until expended.

H. R. 2029—79
OFFICE OF THE NATIONAL SCIENCE BOARD

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts
and consultants under section 3109 of title 5, United States Code)
involved in carrying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42
U.S.C. 1880 et seq.), $4,370,000: Provided, That not to exceed
$2,500 shall be available for official reception and representation
expenses.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $15,160,000, of
which $400,000 shall remain available until September 30, 2017.
ADMINISTRATIVE PROVISION

Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science Foundation
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers. Any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this
Act and shall not be available for obligation except in compliance
with the procedures set forth in that section.
This title may be cited as the ‘‘Science Appropriations Act,
2016’’.
TITLE IV
RELATED AGENCIES
COMMISSION

ON

CIVIL RIGHTS

SALARIES AND EXPENSES

For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,200,000: Provided,
That none of the funds appropriated in this paragraph may be
used to employ any individuals under Schedule C of subpart C
of part 213 of title 5 of the Code of Federal Regulations exclusive
of one special assistant for each Commissioner: Provided further,
That none of the funds appropriated in this paragraph shall be
used to reimburse Commissioners for more than 75 billable days,
with the exception of the chairperson, who is permitted 125 billable
days: Provided further, That none of the funds appropriated in
this paragraph shall be used for any activity or expense that is
not explicitly authorized by section 3 of the Civil Rights Commission
Act of 1983 (42 U.S.C. 1975a).
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act

H. R. 2029—80
of 1964, the Age Discrimination in Employment Act of 1967, the
Equal Pay Act of 1963, the Americans with Disabilities Act of
1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights
Act of 1991, the Genetic Information Non-Discrimination Act
(GINA) of 2008 (Public Law 110–233), the ADA Amendments Act
of 2008 (Public Law 110–325), and the Lilly Ledbetter Fair Pay
Act of 2009 (Public Law 111–2), including services as authorized
by section 3109 of title 5, United States Code; hire of passenger
motor vehicles as authorized by section 1343(b) of title 31, United
States Code; nonmonetary awards to private citizens; and up to
$29,500,000 for payments to State and local enforcement agencies
for authorized services to the Commission, $364,500,000: Provided,
That the Commission is authorized to make available for official
reception and representation expenses not to exceed $2,250 from
available funds: Provided further, That the Commission may take
no action to implement any workforce repositioning, restructuring,
or reorganization until such time as the Committees on Appropriations of the House of Representatives and the Senate have been
notified of such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further, That
the Chair is authorized to accept and use any gift or donation
to carry out the work of the Commission.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to
exceed $2,250 for official reception and representation expenses,
$88,500,000, to remain available until expended.
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION

For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$385,000,000, of which $352,000,000 is for basic field programs
and required independent audits; $5,000,000 is for the Office of
Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients; $19,000,000
is for management and grants oversight; $4,000,000 is for client
self-help and information technology; $4,000,000 is for a Pro Bono
Innovation Fund; and $1,000,000 is for loan repayment assistance:
Provided, That the Legal Services Corporation may continue to
provide locality pay to officers and employees at a rate no greater
than that provided by the Federal Government to Washington,
DC-based employees as authorized by section 5304 of title 5, United
States Code, notwithstanding section 1005(d) of the Legal Services
Corporation Act (42 U.S.C. 2996(d)): Provided further, That the
authorities provided in section 205 of this Act shall be applicable
to the Legal Services Corporation: Provided further, That, for the
purposes of section 505 of this Act, the Legal Services Corporation
shall be considered an agency of the United States Government.

H. R. 2029—81
ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited
by, or contrary to any of the provisions of, sections 501, 502,
503, 504, 505, and 506 of Public Law 105–119, and all funds
appropriated in this Act to the Legal Services Corporation shall
be subject to the same terms and conditions set forth in such
sections, except that all references in sections 502 and 503 to
1997 and 1998 shall be deemed to refer instead to 2015 and 2016,
respectively.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission
as authorized by title II of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1361 et seq.), $3,431,000.
OFFICE

OF THE

UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES

For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and
the employment of experts and consultants as authorized by section
3109 of title 5, United States Code, $54,500,000, of which $1,000,000
shall remain available until expended: Provided, That not to exceed
$124,000 shall be available for official reception and representation
expenses.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES

For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1984 (42
U.S.C. 10701 et seq.) $5,121,000, of which $500,000 shall remain
available until September 30, 2017: Provided, That not to exceed
$2,250 shall be available for official reception and representation
expenses: Provided further, That, for the purposes of section 505
of this Act, the State Justice Institute shall be considered an agency
of the United States Government.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)

SEC. 501. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.

H. R. 2029—82
SEC. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited
to those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
SEC. 504. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
SEC. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2016, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
or initiates a new program, project or activity; (2) eliminates a
program, project or activity; (3) increases funds or personnel by
any means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs or activities; (6) contracts out
or privatizes any functions or activities presently performed by
Federal employees; (7) augments existing programs, projects or
activities in excess of $500,000 or 10 percent, whichever is less,
or reduces by 10 percent funding for any program, project or
activity, or numbers of personnel by 10 percent; or (8) results
from any general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
projects or activities as approved by Congress; unless the House
and Senate Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds by agencies (excluding
agencies of the Department of Justice) funded by this Act and
45 days in advance of such reprogramming of funds by agencies
of the Department of Justice funded by this Act.
SEC. 506. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a label
bearing a ‘‘Made in America’’ inscription, or any inscription with
the same meaning, to any product sold in or shipped to the United
States that is not made in the United States, the person shall
be ineligible to receive any contract or subcontract made with
funds made available in this Act, pursuant to the debarment,
suspension, and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act
shall be used to purchase items that are manufactured, produced,
or assembled in the United States, its territories or possessions.
(2) The term ‘‘promotional items’’ has the meaning given the
term in OMB Circular A–87, Attachment B, Item (1)(f)(3).
SEC. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly
report on the status of balances of appropriations at the account

H. R. 2029—83
level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the
amounts attributable to each source year of appropriation from
which the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately identify
amounts by the year of obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect
of a reporting requirement described in subsection (a) due to a
limitation of a current accounting system, the department or agency
shall fulfill such aspect to the maximum extent practicable under
such accounting system and shall identify and describe in each
quarterly report the extent to which such aspect is not fulfilled.
SEC. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions
taken in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to carry
out this section shall be treated as a reprogramming of funds
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That for the Department of Commerce, this section shall also apply to actions taken for the care
and protection of loan collateral or grant property.
SEC. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country
of restrictions on the marketing of tobacco or tobacco products,
except for restrictions which are not applied equally to all tobacco
or tobacco products of the same type.
SEC. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402
of chapter XIV of title II of Public Law 98–473 (42 U.S.C. 10601)
in any fiscal year in excess of $3,042,000,000 shall not be available
for obligation until the following fiscal year: Provided, That notwithstanding section 1402(d) of such Act, of the amounts available
from the Fund for obligation, $10,000,000 shall remain available
until expended to the Department of Justice Office of Inspector
General for oversight and auditing purposes.
SEC. 511. None of the funds made available to the Department
of Justice in this Act may be used to discriminate against or
denigrate the religious or moral beliefs of students who participate
in programs for which financial assistance is provided from those
funds, or of the parents or legal guardians of such students.
SEC. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 513. Any funds provided in this Act used to implement
E-Government Initiatives shall be subject to the procedures set
forth in section 505 of this Act.

H. R. 2029—84
SEC. 514. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation shall conduct audits, pursuant to
the Inspector General Act (5 U.S.C. App.), of grants or contracts
for which funds are appropriated by this Act, and shall submit
reports to Congress on the progress of such audits, which may
include preliminary findings and a description of areas of particular
interest, within 180 days after initiating such an audit and every
180 days thereafter until any such audit is completed.
(b) Within 60 days after the date on which an audit described
in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President,
as appropriate, shall make the results of the audit available to
the public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The
results shall be made available in redacted form to exclude—
(1) any matter described in section 552(b) of title 5, United
States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary
of Commerce, the Attorney General, the Administrator, Director,
or President, as appropriate, certifying that no funds derived from
the grant or contract will be made available through a subcontract
or in any other manner to another person who has a financial
interest in the person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director
of the Office of Management and Budget, in consultation with
the Director of the Office of Government Ethics, determines that
a uniform set of rules and requirements, substantially similar to
the requirements in such subsections, consistently apply under
the executive branch ethics program to all Federal departments,
agencies, and entities.
SEC. 515. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire a
high-impact or moderate-impact information system, as defined for
security categorization in the National Institute of Standards and
Technology’s (NIST) Federal Information Processing Standard
Publication 199, ‘‘Standards for Security Categorization of Federal
Information and Information Systems’’ unless the agency has—
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform acquisition decisions for high-impact and moderate-impact information
systems within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information provided by the Federal Bureau of Investigation (FBI) and other
appropriate agencies; and
(3) in consultation with the FBI or other appropriate Federal entity, conducted an assessment of any risk of cyberespionage or sabotage associated with the acquisition of such

H. R. 2029—85
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be owned,
directed, or subsidized by the People’s Republic of China.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderateimpact information system reviewed and assessed under subsection
(a) unless the head of the assessing entity described in subsection
(a) has—
(1) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any identified risks;
(2) determined that the acquisition of such system is in
the national interest of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
(c) During fiscal year 2016—
(1) the FBI shall develop best practices for supply chain
risk management; and
(2) the Departments of Commerce and Justice, the National
Aeronautics and Space Administration, and the National
Science Foundation shall incorporate such practices into their
information technology procurement practices to the maximum
extent practicable.
SEC. 516. None of the funds made available in this Act shall
be used in any way whatsoever to support or justify the use of
torture by any official or contract employee of the United States
Government.
SEC. 517. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made available
under this Act or any other Act may be expended or obligated
by a department, agency, or instrumentality of the United States
to pay administrative expenses or to compensate an officer or
employee of the United States in connection with requiring an
export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on
April 1, 2005) with a total value not exceeding $500 wholesale
in any transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license—
(1) does not exempt an exporter from filing any Shipper’s
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles enumerated in subsection (a); and
(2) does not permit the export without a license of—
(A) fully automatic firearms and components and parts
for such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I,

H. R. 2029—86
other than for end use by the Federal Government, or
a Provincial or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary
export without a license of any unclassified articles specified in
subsection (a) to Canada for end use in Canada or return to the
United States, or temporary import of Canadian-origin items from
Canada for end use in the United States or return to Canada
for a Canadian citizen.
(d) The President may require export licenses under this section
on a temporary basis if the President determines, upon publication
first in the Federal Register, that the Government of Canada has
implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion
of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another
nation. The President shall terminate the requirements of a license
when reasons for the temporary requirements have ceased.
SEC. 518. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act shall
obligate or expend in any way such funds to pay administrative
expenses or the compensation of any officer or employee of the
United States to deny any application submitted pursuant to 22
U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section
478.112 or .113, for a permit to import United States origin ‘‘curios
or relics’’ firearms, parts, or ammunition.
SEC. 519. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade agreement the text of—
(1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
SEC. 520. None of the funds made available in this Act may
be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau
of Investigation to issue national security letters: The Right to
Financial Privacy Act; The Electronic Communications Privacy Act;
The Fair Credit Reporting Act; The National Security Act of 1947;
USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws
amended by these Acts.
SEC. 521. If at any time during any quarter, the program
manager of a project within the jurisdiction of the Departments
of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling more
than $75,000,000 has reasonable cause to believe that the total
program cost has increased by 10 percent or more, the program
manager shall immediately inform the respective Secretary,
Administrator, or Director. The Secretary, Administrator, or
Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was

H. R. 2029—87
made; a statement of the reasons for such increases; the action
taken and proposed to be taken to control future cost growth of
the project; changes made in the performance or schedule milestones
and the degree to which such changes have contributed to the
increase in total program costs or procurement costs; new estimates
of the total project or procurement costs; and a statement validating
that the project’s management structure is adequate to control
total project or procurement costs.
SEC. 522. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence or intelligence
related activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act
of 1947 (50 U.S.C. 414) during fiscal year 2016 until the enactment
of the Intelligence Authorization Act for fiscal year 2016.
SEC. 523. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in excess
of such amount unless the prospective contractor or grantee certifies
in writing to the agency awarding the contract or grant that,
to the best of its knowledge and belief, the contractor or grantee
has filed all Federal tax returns required during the three years
preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not,
more than 90 days prior to certification, been notified of any unpaid
Federal tax assessment for which the liability remains unsatisfied,
unless the assessment is the subject of an installment agreement
or offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial proceeding.
(RESCISSIONS)

SEC. 524. (a) Of the unobligated balances from prior year appropriations available to the Department of Commerce’s Economic
Development Administration, Economic Development Assistance
Programs, $10,000,000 are rescinded, not later than September
30, 2016.
(b) Of the unobligated balances available to the Department
of Justice, the following funds are hereby rescinded, not later than
September 30, 2016, from the following accounts in the specified
amounts—
(1) ‘‘Working Capital Fund’’, $69,000,000;
(2) ‘‘United States Marshals Service, Federal Prisoner
Detention’’, $195,974,000;
(3) ‘‘Federal Bureau of Investigation, Salaries and
Expenses’’, $80,767,000 from fees collected to defray expenses
for the automation of fingerprint identification and criminal
justice information services and associated costs;
(4) ‘‘State and Local Law Enforcement Activities, Office
on Violence Against Women, Violence Against Women Prevention and Prosecution Programs’’, $15,000,000;
(5) ‘‘State and Local Law Enforcement Activities, Office
of Justice Programs’’, $40,000,000;
(6) ‘‘State and Local Law Enforcement Activities, Community Oriented Policing Services’’, $10,000,000; and
(7) ‘‘Legal Activities, Assets Forfeiture Fund’’, $458,000,000.

H. R. 2029—88
(c) The Departments of Commerce and Justice shall submit
to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2016,
specifying the amount of each rescission made pursuant to subsections (a) and (b).
SEC. 525. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41
of the Code of Federal Regulations.
SEC. 526. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees from a Federal department or agency, who are stationed in the United States, at any single conference occurring
outside the United States unless such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are
law enforcement personnel stationed outside the United States.
SEC. 527. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
SEC. 528. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to construct,
acquire, or modify any facility in the United States, its territories,
or possessions to house any individual described in subsection (c)
for the purposes of detention or imprisonment in the custody or
under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
SEC. 529. To the extent practicable, funds made available in
this Act should be used to purchase light bulbs that are ‘‘Energy
Star’’ qualified or have the ‘‘Federal Energy Management Program’’
designation.
SEC. 530. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the
United States receiving funds appropriated under this Act to track
undisbursed balances in expired grant accounts and include in
its annual performance plan and performance and accountability
reports the following:

H. R. 2029—89
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant
accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
SEC. 531. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space Administration
(NASA) or the Office of Science and Technology Policy (OSTP)
to develop, design, plan, promulgate, implement, or execute a
bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China
or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment
of this Act.
(b) None of the funds made available by this Act may be
used to effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall
not apply to activities which NASA or OSTP has certified—
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company;
and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate, and the Federal Bureau of Investigation, no later than 30 days prior to the activity in question and
shall include a description of the purpose of the activity, its agenda,
its major participants, and its location and timing.
SEC. 532. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any model
of shotgun if—
(1) all other requirements of law with respect to the proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily adaptable to sporting purposes.
SEC. 533. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.

H. R. 2029—90
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
adjudication, or other law enforcement- or victim assistance-related
activity.
SEC. 534. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, the National
Science Foundation, the Commission on Civil Rights, the Equal
Employment Opportunity Commission, the International Trade
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and the
United States Trade Representative, and the State Justice Institute
shall submit spending plans, signed by the respective department
or agency head, to the Committees on Appropriations of the House
of Representatives and the Senate within 45 days after the date
of enactment of this Act.
SEC. 535. (a) The head of any executive branch department,
agency, board, commission, or office funded by this Act shall submit
annual reports to the Inspector General or senior ethics official
for any entity without an Inspector General, regarding the costs
and contracting procedures related to each conference held by any
such department, agency, board, commission, or office during fiscal
year 2016 for which the cost to the United States Government
was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period—
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including—
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and
from the conference; and
(D) a discussion of the methodology used to determine
which costs relate to the conference; and
(4) a description of the contracting procedures used
including—
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted by
the departmental component or office in evaluating potential contractors for the conference.
(c) Within 15 days of the date of a conference held by any
executive branch department, agency, board, commission, or office
funded by this Act during fiscal year 2016 for which the cost
to the United States Government was more than $20,000, the
head of any such department, agency, board, commission, or office
shall notify the Inspector General or senior ethics official for any
entity without an Inspector General, of the date, location, and
number of employees attending such conference.
(d) A grant or contract funded by amounts appropriated by
this Act may not be used for the purpose of defraying the costs
of a banquet or conference that is not directly and programmatically
related to the purpose for which the grant or contract was awarded,
such as a banquet or conference held in connection with planning,

H. R. 2029—91
training, assessment, review, or other routine purposes related to
a project funded by the grant or contract.
(e) None of the funds made available in this Act may be used
for travel and conference activities that are not in compliance
with Office of Management and Budget Memorandum M–12–12
dated May 11, 2012 or any subsequent revisions to that memorandum.
SEC. 536. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
SEC. 537. The head of any executive branch department, agency,
board, commission, or office funded by this Act shall require that
all contracts within their purview that provide award fees link
such fees to successful acquisition outcomes, specifying the terms
of cost, schedule, and performance.
SEC. 538. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance or for performance that does not meet the basic requirements
of a contract.
SEC. 539. (a) None of the funds made available by this Act
may be used to relinquish the responsibility of the National Telecommunications and Information Administration, during fiscal year
2016, with respect to Internet domain name system functions,
including responsibility with respect to the authoritative root zone
file and the Internet Assigned Numbers Authority functions.
(b) Nothwithstanding any other law, subsection (a) of this section shall not apply in fiscal year 2017.
SEC. 540. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978, or to prevent
or impede that Inspector General’s access to such records, documents, or other materials, under any provision of law, except a
provision of law that expressly refers to the Inspector General
and expressly limits the Inspector General’s right of access. A
department or agency covered by this section shall provide its
Inspector General with access to all such records, documents, and
other materials in a timely manner. Each Inspector General shall
ensure compliance with statutory limitations on disclosure relevant
to the information provided by the establishment over which that
Inspector General has responsibilities under the Inspector General
Act of 1978. Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures
to comply with this requirement.
SEC. 541. The Department of Commerce, the National Aeronautics and Space Administration, and the National Science
Foundation shall provide a quarterly report to the Committees
on Appropriations of the House of Representatives and the Senate
on any official travel to China by any employee of such Department
or agency, including the purpose of such travel.
SEC. 542. None of the funds made available in this Act to
the Department of Justice may be used, with respect to any of

H. R. 2029—92
the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire,
New Jersey, New Mexico, New York, North Carolina, Oklahoma,
Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah,
Vermont, Virginia, Washington, Wisconsin, and Wyoming, or with
respect to the District of Columbia, Guam, or Puerto Rico, to prevent
any of them from implementing their own laws that authorize
the use, distribution, possession, or cultivation of medical marijuana.
SEC. 543. None of the funds made available by this Act may
be used in contravention of section 7606 (‘‘Legitimacy of Industrial
Hemp Research’’) of the Agricultural Act of 2014 (Public Law 113–
79) by the Department of Justice or the Drug Enforcement Administration.
This division may be cited as the ‘‘Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2016’’.
DIVISION C—DEPARTMENT OF DEFENSE
APPROPRIATIONS ACT, 2016
TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $41,045,562,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members
of the Reserve provided for elsewhere), midshipmen, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $27,835,183,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and

H. R. 2029—93
expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except
members of the Reserve provided for elsewhere); and for payments
pursuant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $12,859,152,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $27,679,066,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army Reserve on active
duty under sections 10211, 10302, and 3038 of title 10, United
States Code, or while serving on active duty under section 12301(d)
of title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States Code,
or while undergoing reserve training, or while performing drills
or equivalent duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $4,463,164,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Navy Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and expenses
authorized by section 16131 of title 10, United States Code; and
for payments to the Department of Defense Military Retirement
Fund, $1,866,891,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Marine Corps Reserve
on active duty under section 10211 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title
10, United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent
duty, and for members of the Marine Corps platoon leaders class,
and expenses authorized by section 16131 of title 10, United States

H. R. 2029—94
Code; and for payments to the Department of Defense Military
Retirement Fund, $702,481,000.
RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air Force Reserve on
active duty under sections 10211, 10305, and 8038 of title 10,
United States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty or other duty, and expenses authorized
by section 16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$1,682,942,000.
NATIONAL GUARD PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army National Guard
while on duty under sections 10211, 10302, or 12402 of title 10
or section 708 of title 32, United States Code, or while serving
on duty under section 12301(d) of title 10 or section 502(f) of
title 32, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or
while undergoing training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department
of Defense Military Retirement Fund, $7,892,327,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air National Guard on
duty under sections 10211, 10305, or 12402 of title 10 or section
708 of title 32, United States Code, or while serving on duty
under section 12301(d) of title 10 or section 502(f) of title 32,
United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $3,201,890,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION

AND

MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$32,399,440,000: Provided, That not to exceed $12,478,000 can be
used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of the Army, and
payments may be made on his certificate of necessity for confidential
military purposes.

H. R. 2029—95
OPERATION

AND

MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law, $39,600,172,000: Provided, That not to exceed
$15,055,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate
of necessity for confidential military purposes.
OPERATION

AND

MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $5,718,074,000.
OPERATION

AND

MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$35,727,457,000: Provided, That not to exceed $7,699,000 can be
used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of the Air Force,
and payments may be made on his certificate of necessity for
confidential military purposes.
OPERATION

AND

MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $32,105,040,000: Provided, That not more than
$15,000,000 may be used for the Combatant Commander Initiative
Fund authorized under section 166a of title 10, United States
Code: Provided further, That not to exceed $36,000,000 can be
used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of Defense, and
payments may be made on his certificate of necessity for confidential
military purposes: Provided further, That of the funds provided
under this heading, not less than $35,045,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by
this Act may be used to plan or implement the consolidation of
a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces
into a legislative affairs or legislative liaison office: Provided further,
That $9,031,000, to remain available until expended, is available
only for expenses relating to certain classified activities, and may
be transferred as necessary by the Secretary of Defense to operation
and maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be available
for the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit

H. R. 2029—96
cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding
proviso: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
OPERATION

AND

MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,646,911,000.
OPERATION

AND

MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $998,481,000.
OPERATION

AND

MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications, $274,526,000.
OPERATION

AND

MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $2,980,768,000.
OPERATION

AND

MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger
motor vehicles; personnel services in the National Guard Bureau;
travel expenses (other than mileage), as authorized by law for
Army personnel on active duty, for Army National Guard division,
regimental, and battalion commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying
and equipping the Army National Guard as authorized by law;
and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $6,595,483,000.

H. R. 2029—97
OPERATION

AND

MAINTENANCE, AIR NATIONAL GUARD

For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment and
related expenses in non-Federal hospitals; maintenance, operation,
and repairs to structures and facilities; transportation of things,
hire of passenger motor vehicles; supplying and equipping the Air
National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including
those furnished from stocks under the control of agencies of the
Department of Defense; travel expenses (other than mileage) on
the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $6,820,569,000.
UNITED STATES COURT

OF

APPEALS

FOR THE

ARMED FORCES

For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $14,078,000, of which not
to exceed $5,000 may be used for official representation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $234,829,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Department
of the Army, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to
be available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
ENVIRONMENTAL RESTORATION, NAVY
(INCLUDING TRANSFER OF FUNDS)

For the Department of the Navy, $300,000,000, to remain available until transferred: Provided, That the Secretary of the Navy
shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the
Navy, or for similar purposes, transfer the funds made available
by this appropriation to other appropriations made available to
the Department of the Navy, to be merged with and to be available

H. R. 2029—98
for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading
is in addition to any other transfer authority provided elsewhere
in this Act.
ENVIRONMENTAL RESTORATION, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)

For the Department of the Air Force, $368,131,000, to remain
available until transferred: Provided, That the Secretary of the
Air Force shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Department
of the Air Force, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and
to be available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)

For the Department of Defense, $8,232,000, to remain available
until transferred: Provided, That the Secretary of Defense shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal
of unsafe buildings and debris of the Department of Defense, or
for similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department of Defense, to be merged with and to be available for the
same purposes and for the same time period as the appropriations
to which transferred: Provided further, That upon a determination
that all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this
Act.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $231,217,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for

H. R. 2029—99
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris at sites formerly
used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
OVERSEAS HUMANITARIAN, DISASTER,

AND

CIVIC AID

For expenses relating to the Overseas Humanitarian, Disaster,
and Civic Aid programs of the Department of Defense (consisting
of the programs provided under sections 401, 402, 404, 407, 2557,
and 2561 of title 10, United States Code), $103,266,000, to remain
available until September 30, 2017.
COOPERATIVE THREAT REDUCTION ACCOUNT
For assistance to the republics of the former Soviet Union
and, with appropriate authorization by the Department of Defense
and Department of State, to countries outside of the former Soviet
Union, including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation
and storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components, and weapon-related technology and expertise; for programs
relating to the training and support of defense and military personnel for demilitarization and protection of weapons, weapons
components, and weapons technology and expertise, and for defense
and military contacts, $358,496,000, to remain available until September 30, 2018.
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $5,866,367,000, to
remain available for obligation until September 30, 2018.

H. R. 2029—100
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,600,957,000, to
remain available for obligation until September 30, 2018.
PROCUREMENT

OF

WEAPONS

AND TRACKED COMBAT VEHICLES,
ARMY

For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,951,646,000, to
remain available for obligation until September 30, 2018.
PROCUREMENT

OF

AMMUNITION, ARMY

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,245,426,000, to
remain available for obligation until September 30, 2018.
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked combat
vehicles; the purchase of passenger motor vehicles for replacement
only; communications and electronic equipment; other support
equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and

H. R. 2029—101
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $5,718,811,000, to
remain available for obligation until September 30, 2018.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment; expansion
of public and private plants, including the land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government
and
contractor-owned
equipment
layaway,
$17,521,209,000, to remain available for obligation until September
30, 2018.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government
and
contractor-owned
equipment
layaway,
$3,049,542,000, to remain available for obligation until September
30, 2018.
PROCUREMENT

OF

AMMUNITION, NAVY

AND

MARINE CORPS

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $651,920,000, to
remain available for obligation until September 30, 2018.
SHIPBUILDING

AND

CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools
and installation thereof in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
procurement of critical, long lead time components and designs
for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor,

H. R. 2029—102
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title, as follows:
Carrier Replacement Program, $1,569,571,000;
Carrier Replacement Program (AP), $862,358,000;
Virginia Class Submarine, $3,346,370,000;
Virginia Class Submarine (AP), $1,971,840,000;
CVN Refueling Overhauls, $637,588,000;
CVN Refueling Overhauls (AP), $14,951,000;
DDG–1000 Program, $433,404,000;
DDG–51 Destroyer, $4,132,650,000;
Littoral Combat Ship, $1,331,591,000;
LPD–17, $550,000,000;
Afloat Forward Staging Base, $635,000,000;
LHA Replacement (AP), $476,543,000;
LX(R) (AP), $250,000,000;
Joint High Speed Vessel, $225,000,000;
TAO Fleet Oiler, $674,190,000;
T–ATS(X) Fleet Tug, $75,000,000;
LCU Replacement, $34,000,000;
Moored Training Ship (AP), $138,200,000;
Ship to Shore Connector, $210,630,000;
Service Craft, $30,014,000;
LCAC Service Life Extension Program, $80,738,000;
YP Craft Maintenance/ROH/SLEP, $21,838,000; and
For outfitting, post delivery, conversions, and first destination transportation, $613,758,000.
Completion of Prior Year Shipbuilding Programs,
$389,305,000.
In all: $18,704,539,000, to remain available for obligation until
September 30, 2020: Provided, That additional obligations may
be incurred after September 30, 2020, for engineering services,
tests, evaluations, and other such budgeted work that must be
performed in the final stage of ship construction: Provided further,
That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities for
the construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall
be used for the construction of any naval vessel in foreign shipyards.
OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy ordnance
(except ordnance for new aircraft, new ships, and ships authorized
for conversion); the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants, including
the land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway,
$6,484,257,000, to remain available for obligation until September
30, 2018.

H. R. 2029—103
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances, and
machine tools, and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; vehicles for the Marine Corps, including the purchase
of passenger motor vehicles for replacement only; and expansion
of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title,
$1,186,812,000, to remain available for obligation until September
30, 2018.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories
therefor; specialized equipment; expansion of public and private
plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $15,756,853,000,
to remain available for obligation until September 30, 2018.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Government
and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation
of things, $2,912,131,000, to remain available for obligation until
September 30, 2018.
SPACE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Government
and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation

H. R. 2029—104
of things, $2,812,159,000, to remain available for obligation until
September 30, 2018.
PROCUREMENT

OF

AMMUNITION, AIR FORCE

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,744,993,000, to
remain available for obligation until September 30, 2018.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; lease of passenger
motor vehicles; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $18,311,882,000, to remain available for obligation until
September 30, 2018.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for;
the purchase of passenger motor vehicles for replacement only;
expansion of public and private plants, equipment, and installation
thereof in such plants, erection of structures, and acquisition of
land for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior
to approval of title; reserve plant and Government and contractorowned equipment layaway, $5,245,443,000, to remain available for
obligation until September 30, 2018.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of
1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $76,680,000,
to remain available until expended.

H. R. 2029—105
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, ARMY

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$7,565,327,000, to remain available for obligation until September
30, 2017.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, NAVY

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$18,117,677,000, to remain available for obligation until September
30, 2017: Provided, That funds appropriated in this paragraph
which are available for the V–22 may be used to meet unique
operational requirements of the Special Operations Forces.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$25,217,148,000, to remain available for obligation until September
30, 2017.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic
and applied scientific research, development, test and evaluation;
advanced research projects as may be designated and determined
by the Secretary of Defense, pursuant to law; maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$18,695,955,000, to remain available for obligation until September
30, 2017: Provided, That, of the funds made available in this paragraph, $250,000,000 for the Defense Rapid Innovation Program
shall only be available for expenses, not otherwise provided for,
to include program management and oversight, to conduct research,
development, test and evaluation to include proof of concept demonstration; engineering, testing, and validation; and transition to
full-scale production: Provided further, That the Secretary of
Defense may transfer funds provided herein for the Defense Rapid
Innovation Program to appropriations for research, development,
test and evaluation to accomplish the purpose provided herein:
Provided further, That this transfer authority is in addition to
any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer
than 30 days prior to making transfers from this appropriation,
notify the congressional defense committees in writing of the details
of any such transfer.

H. R. 2029—106
OPERATIONAL TEST

AND

EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in
connection therewith, $188,558,000, to remain available for obligation until September 30, 2017.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $1,738,768,000.
NATIONAL DEFENSE SEALIFT FUND
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet,
as established by section 11 of the Merchant Ship Sales Act of
1946 (50 U.S.C. App. 1744), and for the necessary expenses to
maintain and preserve a U.S.-flag merchant fleet to serve the
national security needs of the United States, $474,164,000, to
remain available until expended: Provided, That none of the funds
provided in this paragraph shall be used to award a new contract
that provides for the acquisition of any of the following major
components unless such components are manufactured in the
United States: auxiliary equipment, including pumps, for all shipboard services; propulsion system components (engines, reduction
gears, and propellers); shipboard cranes; and spreaders for shipboard cranes: Provided further, That the exercise of an option
in a contract awarded through the obligation of previously appropriated funds shall not be considered to be the award of a new
contract: Provided further, That none of the funds provided in
this paragraph shall be used to award a new contract for the
construction, acquisition, or conversion of vessels, including procurement of critical, long lead time components and designs for vessels
to be constructed or converted in the future: Provided further,
That the Secretary of the military department responsible for such
procurement may waive the restrictions in the first proviso on
a case-by-case basis by certifying in writing to the Committees
on Appropriations of the House of Representatives and the Senate
that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such
an acquisition must be made in order to acquire capability for
national security purposes.

H. R. 2029—107
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by
law, $32,329,490,000; of which $29,842,167,000 shall be for operation and maintenance, of which not to exceed one percent shall
remain available for obligation until September 30, 2017, and of
which up to $14,579,612,000 may be available for contracts entered
into under the TRICARE program; of which $365,390,000, to remain
available for obligation until September 30, 2018, shall be for
procurement; and of which $2,121,933,000, to remain available for
obligation until September 30, 2017, shall be for research, development, test and evaluation: Provided, That, notwithstanding any
other provision of law, of the amount made available under this
heading for research, development, test and evaluation, not less
than $8,000,000 shall be available for HIV prevention educational
activities undertaken in connection with United States military
training, exercises, and humanitarian assistance activities conducted primarily in African nations: Provided further, That of the
funds provided under this heading for research, development, test
and evaluation, not less than $943,300,000 shall be made available
to the United States Army Medical Research and Materiel Command to carry out the congressionally directed medical research
programs.
CHEMICAL AGENTS

AND

MUNITIONS DESTRUCTION, DEFENSE

For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, $699,821,000, of
which $118,198,000 shall be for operation and maintenance, of
which no less than $50,743,000 shall be for the Chemical Stockpile
Emergency Preparedness Program, consisting of $21,289,000 for
activities on military installations and $29,454,000, to remain available until September 30, 2017, to assist State and local governments; $2,281,000 shall be for procurement, to remain available
until September 30, 2018, of which $2,281,000 shall be for the
Chemical Stockpile Emergency Preparedness Program to assist
State and local governments; and $579,342,000, to remain available
until September 30, 2017, shall be for research, development, test
and evaluation, of which $569,339,000 shall only be for the Assembled Chemical Weapons Alternatives program.
DRUG INTERDICTION

AND

COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United

H. R. 2029—108
States Code; for operation and maintenance; for procurement; and
for research, development, test and evaluation, $1,050,598,000, of
which $716,109,000 shall be for counter-narcotics support;
$121,589,000 shall be for the drug demand reduction program;
$192,900,000 shall be for the National Guard counter-drug program;
and $20,000,000 shall be for the National Guard counter-drug
schools program: Provided, That the funds appropriated under this
heading shall be available for obligation for the same time period
and for the same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act.
OFFICE

OF THE INSPECTOR

GENERAL

For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act
of 1978, as amended, $312,559,000, of which $310,459,000 shall
be for operation and maintenance, of which not to exceed $700,000
is available for emergencies and extraordinary expenses to be
expended on the approval or authority of the Inspector General,
and payments may be made on the Inspector General’s certificate
of necessity for confidential military purposes; and of which
$2,100,000, to remain available until September 30, 2017, shall
be for research, development, test and evaluation.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT
SYSTEM FUND

AND

DISABILITY

For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding level
for continuing the operation of the Central Intelligence Agency
Retirement and Disability System, $514,000,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
For necessary expenses of the Intelligence Community Management Account, $505,206,000.
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
any person not a citizen of the United States shall not apply
to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national

H. R. 2029—109
employees of the Department of Defense funded by this Act shall
not be at a rate in excess of the percentage increase authorized
by law for civilian employees of the Department of Defense whose
pay is computed under the provisions of section 5332 of title 5,
United States Code, or at a rate in excess of the percentage increase
provided by the appropriate host nation to its own employees,
whichever is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of 1980:
Provided further, That the limitations of this provision shall not
apply to foreign national employees of the Department of Defense
in the Republic of Turkey.
SEC. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year, unless expressly so provided herein.
SEC. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer
camp training of the Reserve Officers’ Training Corps.
(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget, transfer
not to exceed $4,500,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction)
between such appropriations or funds or any subdivision thereof,
to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer may
not be used unless for higher priority items, based on unforeseen
military requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in this
Act: Provided further, That no part of the funds in this Act shall
be available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the
item for which reprogramming is requested has been denied by
the Congress: Provided further, That a request for multiple
reprogrammings of funds using authority provided in this section
shall be made prior to June 30, 2016: Provided further, That transfers among military personnel appropriations shall not be taken
into account for purposes of the limitation on the amount of funds
that may be transferred under this section.
SEC. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments
to budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ‘‘Explanation of Project

H. R. 2029—110
Level Adjustments’’ in the explanatory statement regarding this
Act, the obligation and expenditure of amounts appropriated or
otherwise made available in this Act for those programs, projects,
and activities for which the amounts appropriated exceed the
amounts requested are hereby required by law to be carried out
in the manner provided by such tables to the same extent as
if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section
8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts.
SEC. 8007. (a) Not later than 60 days after enactment of this
Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application
of reprogramming and transfer authorities for fiscal year 2016:
Provided, That the report shall include—
(1) a table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as detailed
in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that
such reprogramming or transfer is necessary as an emergency
requirement: Provided, That this subsection shall not apply to transfers from the following appropriations accounts:
(1) ‘‘Environmental Restoration, Army’’;
(2) ‘‘Environmental Restoration, Navy’’;
(3) ‘‘Environmental Restoration, Air Force’’;
(4) ‘‘Environmental Restoration, Defense-wide’’; and
(5) ‘‘Environmental Restoration, Formerly Used Defense
Sites’’.
(TRANSFER OF FUNDS)

SEC. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided further,
That transfers may be made between working capital funds and
the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and
the ‘‘Operation and Maintenance’’ appropriation accounts in such
amounts as may be determined by the Secretary of Defense, with
the approval of the Office of Management and Budget, except that
such transfers may not be made unless the Secretary of Defense
has notified the Congress of the proposed transfer: Provided further,
That except in amounts equal to the amounts appropriated to

H. R. 2029—111
working capital funds in this Act, no obligations may be made
against a working capital fund to procure or increase the value
of war reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
SEC. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
SEC. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one
year of the contract or that includes an unfunded contingent liability
in excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any one year,
unless the congressional defense committees have been notified
at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act
shall be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government’s liability: Provided further,
That no part of any appropriation contained in this Act shall
be available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract can be
terminated without 30-day prior notification to the congressional
defense committees: Provided further, That the execution of
multiyear authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may
be used for a multiyear contract executed after the date of the
enactment of this Act unless in the case of any such contract—
(1) the Secretary of Defense has submitted to Congress
a budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement
of aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full
funding of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
SEC. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code,
for humanitarian and civic assistance costs under chapter 20 of
title 10, United States Code. Such funds may also be obligated
for humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of
chapter 20 of title 10, United States Code, and these obligations

H. R. 2029—112
shall be reported as required by section 401(d) of title 10, United
States Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized
by Public Law 99–239: Provided further, That upon a determination
by the Secretary of the Army that such action is beneficial for
graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian
patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
SEC. 8012. (a) During fiscal year 2016, the civilian personnel
of the Department of Defense may not be managed on the basis
of any end-strength, and the management of such personnel during
that fiscal year shall not be subject to any constraint or limitation
(known as an end-strength) on the number of such personnel who
may be employed on the last day of such fiscal year.
(b) The fiscal year 2017 budget request for the Department
of Defense as well as all justification material and other documentation supporting the fiscal year 2017 Department of Defense budget
request shall be prepared and submitted to the Congress as if
subsections (a) and (b) of this provision were effective with regard
to fiscal year 2017.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10
U.S.C. 2358 note) civilian personnel at the Department of Army
Science and Technology Reinvention Laboratories may not be managed on the basis of the Table of Distribution and Allowances,
and the management of the workforce strength shall be done in
a manner consistent with the budget available with respect to
such Laboratories.
(d) Nothing in this section shall be construed to apply to military (civilian) technicians.
SEC. 8013. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
the Congress.
SEC. 8014. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member of
the Army participating as a full-time student and receiving benefits
paid by the Secretary of Veterans Affairs from the Department
of Defense Education Benefits Fund when time spent as a fulltime student is credited toward completion of a service commitment:
Provided, That this section shall not apply to those members who
have reenlisted with this option prior to October 1, 1987: Provided
further, That this section applies only to active components of
the Army.
(TRANSFER OF FUNDS)

SEC. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Prote´ge´ Program may be transferred to any other appropriation contained in this Act solely for

H. R. 2029—113
the purpose of implementing a Mentor-Prote´ge´ Program developmental assistance agreement pursuant to section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 10 U.S.C. 2302 note), as amended, under the
authority of this provision or any other transfer authority contained
in this Act.
SEC. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its departments
and agencies) of welded shipboard anchor and mooring chain 4
inches in diameter and under unless the anchor and mooring chain
are manufactured in the United States from components which
are substantially manufactured in the United States: Provided,
That for the purpose of this section, the term ‘‘manufactured’’ shall
include cutting, heat treating, quality control, testing of chain and
welding (including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially all of
the components of anchor and mooring chain shall be considered
to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United
States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That
when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary
of the service responsible for the procurement may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security purposes.
SEC. 8017. Of the amounts appropriated for ‘‘Working Capital
Fund, Army’’, $145,000,000 shall be available to maintain competitive rates at the arsenals.
SEC. 8018. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M–1 Carbines,
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles,
or M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited
from commercial sale under Federal law, unless the small arms
ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for
further use.
SEC. 8019. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single fiscal
year for any single relocation of an organization, unit, activity
or function of the Department of Defense into or within the National
Capital Region: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing
to the congressional defense committees that such a relocation
is required in the best interest of the Government.
SEC. 8020. Of the funds made available in this Act, $15,000,000
shall be available for incentive payments authorized by section
504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): Provided,
That a prime contractor or a subcontractor at any tier that makes
a subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be considered
a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 (25

H. R. 2029—114
U.S.C. 1544) whenever the prime contract or subcontract amount
is over $500,000 and involves the expenditure of funds appropriated
by an Act making appropriations for the Department of Defense
with respect to any fiscal year: Provided further, That notwithstanding section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any subcontract
at any tier for acquisition of commercial items produced or manufactured, in whole or in part, by any subcontractor or supplier defined
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
SEC. 8021. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or international
political or psychological activities.
SEC. 8022. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided,
That, upon receipt, such contributions from the Government of
Kuwait shall be credited to the appropriations or fund which
incurred such obligations.
SEC. 8023. (a) Of the funds made available in this Act, not
less than $39,500,000 shall be available for the Civil Air Patrol
Corporation, of which—
(1) $27,400,000 shall be available from ‘‘Operation and
Maintenance, Air Force’’ to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities,
and drug demand reduction activities involving youth programs;
(2) $10,400,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and
(3) $1,700,000 shall be available from ‘‘Other Procurement,
Air Force’’ for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement
for any funds used by the Civil Air Patrol for counter-drug activities
in support of Federal, State, and local government agencies.
SEC. 8024. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated by
an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs
and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to
any defense FFRDC, except when acting in a technical advisory
capacity, may be compensated for his or her services as a member
of such entity, or as a paid consultant by more than one FFRDC
in a fiscal year: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed travel
expenses and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during fiscal

H. R. 2029—115
year 2016 may be used by a defense FFRDC, through a fee or
other payment mechanism, for construction of new buildings, for
payment of cost sharing for projects funded by Government grants,
for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community
service and/or development: Provided, That up to 1 percent of
funds provided in this Act for support of defense FFRDCs may
be used for planning and design of scientific or engineering facilities:
Provided further, That the Secretary of Defense shall notify the
congressional defense committees 15 days in advance of exercising
the authority in the previous proviso.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2016, not more
than 5,750 staff years of technical effort (staff years) may be funded
for defense FFRDCs: Provided, That, of the specific amount referred
to previously in this subsection, not more than 1,125 staff years
may be funded for the defense studies and analysis FFRDCs: Provided further, That this subsection shall not apply to staff years
funded in the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department’s fiscal year 2017 budget request, submit a report
presenting the specific amounts of staff years of technical effort
to be allocated for each defense FFRDC during that fiscal year
and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced
by $65,000,000.
SEC. 8025. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy, or armor steel
plate for use in any Government-owned facility or property under
the control of the Department of Defense which were not melted
and rolled in the United States or Canada: Provided, That these
procurement restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications of carbon,
alloy or armor steel plate: Provided further, That the Secretary
of the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to
acquire capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which are in
being as of the date of the enactment of this Act.
SEC. 8026. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Armed Services Committee of the
House of Representatives, the Armed Services Committee of the
Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
SEC. 8027. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the production
of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities

H. R. 2029—116
and private firms: Provided, That the Senior Acquisition Executive
of the military department or Defense Agency concerned, with power
of delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A–76 shall not apply to competitions conducted under
this section.
SEC. 8028. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a
foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States
that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy American Act
with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the
United States and a foreign country pursuant to which the Secretary
of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary of Defense shall submit to the Congress
a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2016. Such report shall separately
indicate the dollar value of items for which the Buy American
Act was waived pursuant to any agreement described in subsection
(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.),
or any international agreement to which the United States is a
party.
(c) For purposes of this section, the term ‘‘Buy American Act’’
means chapter 83 of title 41, United States Code.
SEC. 8029. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.
2687 note) shall be available until expended for the payments
specified by section 2921(c)(2) of that Act.
SEC. 8030. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the States
of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington relocatable military housing units
located at Grand Forks Air Force Base, Malmstrom Air Force Base,
Mountain Home Air Force Base, Ellsworth Air Force Base, and
Minot Air Force Base that are excess to the needs of the Air
Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a) in
accordance with the request for such units that are submitted
to the Secretary by the Operation Walking Shield Program on
behalf of Indian tribes located in the States of Nevada, Idaho,
North Dakota, South Dakota, Montana, Oregon, Minnesota, and
Washington. Any such conveyance shall be subject to the condition
that the housing units shall be removed within a reasonable period
of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under

H. R. 2029—117
subsection (a) before submitting requests to the Secretary of the
Air Force under subsection (b).
(d) In this section, the term ‘‘Indian tribe’’ means any recognized
Indian tribe included on the current list published by the Secretary
of the Interior under section 104 of the Federally Recognized Indian
Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C.
479a–1).
SEC. 8031. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment
item unit cost of not more than $250,000.
SEC. 8032. None of the funds made available by this Act may
be used to—
(1) disestablish, or prepare to disestablish, a Senior Reserve
Officers’ Training Corps program in accordance with Department of Defense Instruction Number 1215.08, dated June 26,
2006; or
(2) close, downgrade from host to extension center, or place
on probation a Senior Reserve Officers’ Training Corps program
in accordance with the information paper of the Department
of the Army titled ‘‘Army Senior Reserve Officers’ Training
Corps (SROTC) Program Review and Criteria’’, dated January
27, 2014.
SEC. 8033. The Secretary of Defense shall issue regulations
to prohibit the sale of any tobacco or tobacco-related products in
military resale outlets in the United States, its territories and
possessions at a price below the most competitive price in the
local community: Provided, That such regulations shall direct that
the prices of tobacco or tobacco-related products in overseas military
retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
SEC. 8034. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for
sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense
Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during
fiscal year 1994 and if the purchase of such an investment item
would be chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2017 budget request for the Department
of Defense as well as all justification material and other documentation supporting the fiscal year 2017 Department of Defense budget
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2017 procurement appropriation
and not in the supply management business area or any other
area or category of the Department of Defense Working Capital
Funds.
SEC. 8035. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain available
for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2017: Provided, That funds appropriated,

H. R. 2029—118
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior
or subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred to
the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National
Security Act of 1947 (50 U.S.C. 3093) shall remain available until
September 30, 2017.
SEC. 8036. Notwithstanding any other provision of law, funds
made available in this Act for the Defense Intelligence Agency
may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and
intelligence information systems for the Services, the Unified and
Specified Commands, and the component commands.
SEC. 8037. Of the funds appropriated to the Department of
Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, not less than $12,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative support,
the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and
cost to complete estimates for mitigation, on Indian lands resulting
from Department of Defense activities.
SEC. 8038. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy American
Act. For purposes of this subsection, the term ‘‘Buy American Act’’
means chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a ‘‘Made
in America’’ inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending
the appropriation, purchase only American-made equipment and
products, provided that American-made equipment and products
are cost-competitive, quality competitive, and available in a timely
fashion.
SEC. 8039. None of the funds appropriated by this Act and
hereafter shall be available for a contract for studies, analysis,
or consulting services entered into without competition on the basis
of an unsolicited proposal unless the head of the activity responsible
for the procurement determines—
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific

H. R. 2029—119
concern is given financial support: Provided, That this limitation shall not apply to contracts in an amount of less than
$25,000, contracts related to improvements of equipment that
is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
SEC. 8040. (a) Except as provided in subsections (b) and (c),
none of the funds made available by this Act may be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces
or civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee’s place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-bycase basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and the
Senate that the granting of the waiver will reduce the personnel
requirements or the financial requirements of the department.
(c) This section does not apply to—
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary Operations for the Department of Defense and authorized
Federal entities.
SEC. 8041. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an activity
or function of the Department of Defense that, on or after the
date of the enactment of this Act, is performed by Department
of Defense civilian employees unless—
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or
exceeds the lesser of—
(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by—

H. R. 2029—120
(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed
in the performance of that activity or function under the
contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to contribute less towards the premium or subscription share
than the amount that is paid by the Department of Defense
for health benefits for civilian employees under chapter
89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection
(a) of this section or subsection (a), (b), or (c) of section 2461
of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have
full authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that—
(A) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O’Day Act (section 8503 of
title 41, United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped individuals in accordance with
that Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe,
as defined in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of
title 10, United States Code.
(c) The conversion of any activity or function of the Department
of Defense under the authority provided by this section shall be
credited toward any competitive or outsourcing goal, target, or
measurement that may be established by statute, regulation, or
policy and is deemed to be awarded under the authority of, and
in compliance with, subsection (h) of section 2304 of title 10, United
States Code, for the competition or outsourcing of commercial activities.
(RESCISSIONS)

SEC. 8042. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended:
‘‘Cooperative Threat Reduction Account’’, 2014/2016,
$15,000,000;
‘‘Aircraft Procurement, Army’’, 2014/2016, $9,295,000;
‘‘Other Procurement, Army’’, 2014/2016, $40,000,000;

H. R. 2029—121
‘‘Aircraft Procurement, Navy’’, 2014/2016, $53,415,000;
‘‘Weapons Procurement, Navy’’, 2014/2016, $888,000;
‘‘Aircraft Procurement, Air Force’’, 2014/2016, $2,300,000;
‘‘Procurement of Ammunition, Air Force’’, 2014/2016,
$6,300,000;
‘‘Other Procurement, Air Force’’, 2014/2016, $90,000,000;
‘‘Aircraft Procurement, Army’’, 2015/2017, $25,000,000;
‘‘Procurement of Weapons and Tracked Combat Vehicles,
Army’’, 2015/2017, $7,500,000;
‘‘Other Procurement, Army’’, 2015/2017, $30,000,000;
‘‘Aircraft Procurement, Navy’’, 2015/2017, $11,702,000;
‘‘Weapons Procurement, Navy’’, 2015/2017, $15,422,000;
‘‘Procurement of Ammunition, Navy and Marine Corps’’,
2015/2017, $8,906,000;
‘‘Procurement, Marine Corps’’, 2015/2017, $66,477,000;
‘‘Aircraft
Procurement,
Air
Force’’,
2015/2017,
$199,046,000;
‘‘Missile Procurement, Air Force’’, 2015/2017, $212,000,000;
‘‘Other Procurement, Air Force’’, 2015/2017, $17,000,000;
‘‘Research, Development, Test and Evaluation, Army’’,
2015/2016, $9,299,000;
‘‘Research, Development, Test and Evaluation, Navy’’, 2015/
2016, $228,387,000;
‘‘Research, Development, Test and Evaluation, Air Force’’,
2015/2016, $718,500,000; and
‘‘Research, Development, Test and Evaluation, DefenseWide’’, 2015/2016, $2,500,000.
SEC. 8043. None of the funds available in this Act may be
used to reduce the authorized positions for military technicians
(dual status) of the Army National Guard, Air National Guard,
Army Reserve and Air Force Reserve for the purpose of applying
any administratively imposed civilian personnel ceiling, freeze, or
reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure.
SEC. 8044. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance
to the Democratic People’s Republic of Korea unless specifically
appropriated for that purpose.
SEC. 8045. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the activities
and programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That nothing in
this section authorizes deviation from established Reserve and
National Guard personnel and training procedures.
SEC. 8046. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-drug

H. R. 2029—122
activities may be transferred to any other department or agency
of the United States except as specifically provided in an appropriations law.
SEC. 8047. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible
for such procurement may waive this restriction on a case-bycase basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to
the purchase of ‘‘commercial items’’, as defined by section 103
of title 41, United States Code, except that the restriction shall
apply to ball or roller bearings purchased as end items.
SEC. 8048. None of the funds made available by this Act for
Evolved Expendable Launch Vehicle service competitive procurements may be used unless the competitive procurements are open
for award to all certified providers of Evolved Expendable Launch
Vehicle-class systems: Provided, That the award shall be made
to the provider that offers the best value to the government: Provided further, That notwithstanding any other provision of law,
award may 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, in order to ensure robust competition and continued
assured access to space.
SEC. 8049. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make grants in the amounts
specified as follows: $20,000,000 to the United Service Organizations
and $24,000,000 to the Red Cross.
SEC. 8050. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security purposes
that is not available from United States manufacturers.
SEC. 8051. Notwithstanding any other provision in this Act,
the Small Business Innovation Research program and the Small
Business Technology Transfer program set-asides shall be taken
proportionally from all programs, projects, or activities to the extent
they contribute to the extramural budget.
SEC. 8052. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department of Defense
for costs of any amount paid by the contractor to an employee
when—
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee;
and
(2) such bonus is part of restructuring costs associated
with a business combination.

H. R. 2029—123
(INCLUDING TRANSFER OF FUNDS)

SEC. 8053. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred
to appropriations available for the pay of military personnel, to
be merged with, and to be available for the same time period
as the appropriations to which transferred, to be used in support
of such personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense
pursuant to section 2012 of title 10, United States Code.
SEC. 8054. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the
period of availability for obligation has expired or which has closed
under the provisions of section 1552 of title 31, United States
Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be
charged to any current appropriation account for the same purpose
as the expired or closed account if—
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101–510, as amended (31 U.S.C. 1551 note): Provided,
That in the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to
1 percent of the total appropriation for that account.
SEC. 8055. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis. The
Chief of the National Guard Bureau shall establish the amount
of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited
to funds available for the National Guard Distance Learning Project
and be available to defray the costs associated with the use of
equipment of the project under that subsection. Such funds shall
be available for such purposes without fiscal year limitation.
SEC. 8056. None of the funds available to the Department
of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative control of United States Navy forces assigned to the Pacific
fleet: Provided, That the command and control relationships which
existed on October 1, 2004, shall remain in force unless changes
are specifically authorized in a subsequent Act: Provided further,

H. R. 2029—124
That this section does not apply to administrative control of Navy
Air and Missile Defense Command.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8057. Of the funds appropriated in this Act under the
heading ‘‘Operation and Maintenance, Defense-wide’’, $25,000,000
shall be for continued implementation and expansion of the Sexual
Assault Special Victims’ Counsel Program: Provided, That the funds
are made available for transfer to the Department of the Army,
the Department of the Navy, and the Department of the Air Force:
Provided further, That funds transferred shall be merged with
and available for the same purposes and for the same time period
as the appropriations to which the funds are transferred: Provided
further, That this transfer authority is in addition to any other
transfer authority provided in this Act.
SEC. 8058. None of the funds appropriated in title IV of this
Act may be used to procure end-items for delivery to military
forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items
used in development, prototyping, and test activities preceding and
leading to acceptance for operational use: Provided further, That
this restriction does not apply to programs funded within the
National Intelligence Program: Provided further, That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that it is in the national
security interest to do so.
SEC. 8059. (a) The Secretary of Defense may, on a case-bycase basis, waive with respect to a foreign country each limitation
on the procurement of defense items from foreign sources provided
in law if the Secretary determines that the application of the
limitation with respect to that country would invalidate cooperative
programs entered into between the Department of Defense and
the foreign country, or would invalidate reciprocal trade agreements
for the procurement of defense items entered into under section
2531 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced
in the United States for that country.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or after
the date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters
50–65) of the Harmonized Tariff Schedule of the United States
and products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215,
and 9404.
SEC. 8060. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this

H. R. 2029—125
or any other Act may be used to consolidate or relocate any element
of a United States Air Force Rapid Engineer Deployable Heavy
Operational Repair Squadron Engineer (RED HORSE) outside of
the United States until the Secretary of the Air Force—
(1) completes an analysis and comparison of the cost and
infrastructure investment required to consolidate or relocate
a RED HORSE squadron outside of the United States versus
within the United States;
(2) provides to the congressional defense committees a
report detailing the findings of the cost analysis; and
(3) certifies in writing to the congressional defense committees that the preferred site for the consolidation or relocation
yields the greatest savings for the Air Force:
Provided, That the term ‘‘United States’’ in this section does not
include any territory or possession of the United States.
SEC. 8061. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
SEC. 8062. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ‘‘Research, Development,
Test and Evaluation, Defense-Wide’’ for any new start advanced
concept technology demonstration project or joint capability demonstration project may only be obligated 45 days after a report,
including a description of the project, the planned acquisition and
transition strategy and its estimated annual and total cost, has
been provided in writing to the congressional defense committees:
Provided, That the Secretary of Defense may waive this restriction
on a case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
SEC. 8063. The Secretary of Defense shall continue to provide
a classified quarterly report to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as
directed in the classified annex accompanying this Act.
SEC. 8064. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard
serving on full-time National Guard duty under section 502(f) of
title 32, United States Code, may perform duties in support of
the ground-based elements of the National Ballistic Missile Defense
System.
SEC. 8065. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of ‘‘armor
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary
(API)’’, or ‘‘armor-piercing incendiary tracer (API–T)’’, except to
an entity performing demilitarization services for the Department
of Defense under a contract that requires the entity to demonstrate
to the satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Permanent

H. R. 2029—126
Export of Unclassified Military Articles issued by the Department
of State.
SEC. 8066. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration that otherwise would
be required under section 2667 of title 10, United States Code,
in the case of a lease of personal property for a period not in
excess of 1 year to any organization specified in section 508(d)
of title 32, United States Code, or any other youth, social, or
fraternal nonprofit organization as may be approved by the Chief
of the National Guard Bureau, or his designee, on a case-by-case
basis.
SEC. 8067. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located
in the United States unless such malt beverages and wine are
procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That, in a case in which the
military installation is located in more than one State, purchases
may be made in any State in which the installation is located:
Provided further, That such local procurement requirements for
malt beverages and wine shall apply to all alcoholic beverages
only for military installations in States which are not contiguous
with another State: Provided further, That alcoholic beverages other
than wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8068. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Army’’, $76,611,750 shall
remain available until expended: Provided, That, notwithstanding
any other provision of law, the Secretary of Defense is authorized
to transfer such funds to other activities of the Federal Government:
Provided further, That the Secretary of Defense is authorized to
enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided further,
That contracts entered into under the authority of this section
may provide for such indemnification as the Secretary determines
to be necessary: Provided further, That projects authorized by this
section shall comply with applicable Federal, State, and local law
to the maximum extent consistent with the national security, as
determined by the Secretary of Defense.
SEC. 8069. (a) None of the funds appropriated in this or any
other Act may be used to take any action to modify—
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request
is presented in the unclassified P–1, R–1, and O–1 documents
supporting the Department of Defense budget request;

H. R. 2029—127
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in section (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence Program
budget at or below the Expenditure Center level, provided such
change is otherwise in accordance with paragraphs (a)(1)–(3).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and
develop detailed proposals for alternative financial management
processes. Such study shall include a comprehensive counterintelligence risk assessment to ensure that none of the alternative
processes will adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary of Defense shall—
(1) provide the proposed alternatives to all affected agencies;
(2) receive certification from all affected agencies attesting
that the proposed alternatives will help achieve auditability,
improve fiscal reporting, and will not adversely affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees.
(e) This section shall not be construed to alter or affect the
application of section 1633 of the National Defense Authorization
Act for Fiscal Year 2016 to the amounts made available by this
Act.
SEC. 8070. In addition to amounts provided elsewhere in this
Act, $5,000,000 is hereby appropriated to the Department of
Defense, to remain available for obligation until expended: Provided,
That notwithstanding any other provision of law, that upon the
determination of the Secretary of Defense that it shall serve the
national interest, these funds shall be available only for a grant
to the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs of
military family members when confronted with the illness or hospitalization of an eligible military beneficiary.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8071. Of the amounts appropriated in this Act under
the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Research, Development, Test and Evaluation, Defense-Wide’’, $487,595,000 shall be
for the Israeli Cooperative Programs: Provided, That of this amount,
$55,000,000 shall be for the Secretary of Defense to provide to
the Government of Israel for the procurement of the Iron Dome
defense system to counter short-range rocket threats, subject to
the U.S.-Israel Iron Dome Procurement Agreement, as amended;
$286,526,000 shall be for the Short Range Ballistic Missile Defense
(SRBMD) program, including cruise missile defense research and
development under the SRBMD program, of which $150,000,000
shall be for production activities of SRBMD missiles in the United

H. R. 2029—128
States and in Israel to meet Israel’s defense requirements consistent
with each nation’s laws, regulations, and procedures, of which not
more than $90,000,000, subject to previously established transfer
procedures, may be obligated or expended until establishment of
a U.S.-Israeli production agreement for SRBMD; $89,550,000 shall
be for an upper-tier component to the Israeli Missile Defense
Architecture, of which not more than $15,000,000, subject to previously established transfer procedures, may be obligated or
expended until establishment of a U.S.-Israeli production agreement; and $56,519,000 shall be for the Arrow System Improvement
Program including development of a long range, ground and airborne, detection suite: Provided further, That funds made available
under this provision for production of missiles and missile components may be transferred to appropriations available for the
procurement of weapons and equipment, to be merged with and
to be available for the same time period and the same purposes
as the appropriation to which transferred: Provided further, That
the transfer authority provided under this provision is in addition
to any other transfer authority contained in this Act.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8072. Of the amounts appropriated in this Act under
the heading ‘‘Shipbuilding and Conversion, Navy’’, $389,305,000
shall be available until September 30, 2016, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of this
Act, the Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified: Provided further, That
the amounts transferred shall be merged with and be available
for the same purposes as the appropriations to which transferred
to:
(1) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2008/2016: Carrier Replacement Program $123,760,000;
(2) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2009/2016: LPD–17 Amphibious Transport Dock Program $22,860,000;
(3) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2012/2016: CVN Refueling Overhauls Program
$20,029,000;
(4) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2012/2016: DDG–51 Destroyer $75,014,000;
(5) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2012/2016: Littoral Combat Ship $82,674,000;
(6) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2012/2016: LPD–17 Amphibious Transport Dock Program $38,733,000;
(7) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2012/2016: Joint High Speed Vessel $22,597,000; and
(8) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2013/2016: Joint High Speed Vessel $3,638,000.
SEC. 8073. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes
of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2016 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2016.

H. R. 2029—129
SEC. 8074. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming
of funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
SEC. 8075. The budget of the President for fiscal year 2017
submitted to the Congress pursuant to section 1105 of title 31,
United States Code, shall include separate budget justification documents for costs of United States Armed Forces’ participation in
contingency operations for the Military Personnel accounts, the
Operation and Maintenance accounts, the Procurement accounts,
and the Research, Development, Test and Evaluation accounts:
Provided, That these documents shall include a description of the
funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for
each appropriations account: Provided further, That these documents shall include estimated costs for each element of expense
or object class, a reconciliation of increases and decreases for each
contingency operation, and programmatic data including, but not
limited to, troop strength for each Active and Reserve component,
and estimates of the major weapons systems deployed in support
of each contingency: Provided further, That these documents shall
include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal
years.
SEC. 8076. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or deployment
of nuclear armed interceptors of a missile defense system.
SEC. 8077. Notwithstanding any other provision of this Act,
to reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by
$1,500,789,000.
SEC. 8078. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the operation
of the 53rd Weather Reconnaissance Squadron of the Air Force
Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided,
That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
SEC. 8079. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during
the conduct of authorized foreign intelligence activities: Provided,
That information pertaining to United States persons shall only
be handled in accordance with protections provided in the Fourth
Amendment of the United States Constitution as implemented
through Executive Order No. 12333.

H. R. 2029—130
(INCLUDING TRANSFER OF FUNDS)

SEC. 8080. The Secretary of Defense may transfer funds from
any available Department of the Navy appropriation to any available Navy ship construction appropriation for the purpose of liquidating necessary changes resulting from inflation, market fluctuations, or rate adjustments for any ship construction program appropriated in law: Provided, That the Secretary may transfer not
to exceed $20,000,000 under the authority provided by this section:
Provided further, That the Secretary may not transfer any funds
until 30 days after the proposed transfer has been reported to
the Committees on Appropriations of the House of Representatives
and the Senate, unless a response from the Committees is received
sooner: Provided further, That any funds transferred pursuant to
this section shall retain the same period of availability as when
originally appropriated: Provided further, That the transfer
authority provided by this section is in addition to any other transfer
authority contained elsewhere in this Act.
SEC. 8081. (a) None of the funds appropriated by this Act
may be used to transfer research and development, acquisition,
or other program authority relating to current tactical unmanned
aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV)
in order to support the Secretary of Defense in matters relating
to the employment of unmanned aerial vehicles.
SEC. 8082. Up to $15,000,000 of the funds appropriated under
the heading ‘‘Operation and Maintenance, Navy’’ may be made
available for the Asia Pacific Regional Initiative Program for the
purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and
payment of incremental and personnel costs of training and exercising with foreign security forces: Provided, That funds made available for this purpose may be used, notwithstanding any other
funding authorities for humanitarian assistance, security assistance
or combined exercise expenses: Provided further, That funds may
not be obligated to provide assistance to any foreign country that
is otherwise prohibited from receiving such type of assistance under
any other provision of law.
SEC. 8083. None of the funds appropriated by this Act for
programs of the Office of the Director of National Intelligence
shall remain available for obligation beyond the current fiscal year,
except for funds appropriated for research and technology, which
shall remain available until September 30, 2017.
SEC. 8084. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act
under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be
considered to be for the same purpose as any subdivision under
the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations
in any prior fiscal year, and the 1 percent limitation shall apply
to the total amount of the appropriation.
SEC. 8085. (a) Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit
a report to the congressional intelligence committees to establish
the baseline for application of reprogramming and transfer authorities for fiscal year 2016: Provided, That the report shall include—

H. R. 2029—131
(1) a table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of
National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement.
SEC. 8086. None of the funds made available by this Act may
be used to eliminate, restructure, or realign Army Contracting
Command–New Jersey or make disproportionate personnel reductions at any Army Contracting Command–New Jersey sites without
30-day prior notification to the congressional defense committees.
SEC. 8087. None of the funds made available by this Act may
be used to retire, divest, realign, or transfer RQ–4B Global Hawk
aircraft, or to disestablish or convert units associated with such
aircraft.
SEC. 8088. None of the funds made available by this Act for
excess defense articles, assistance under section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109–163; 119 Stat. 3456), or peacekeeping operations for the
countries designated annually to be in violation of the standards
of the Child Soldiers Prevention Act of 2008 (Public Law 110–
457; 22 U.S.C. 2370c–1) may be used to support any military
training or operation that includes child soldiers, as defined by
the Child Soldiers Prevention Act of 2008, unless such assistance
is otherwise permitted under section 404 of the Child Soldiers
Prevention Act of 2008.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8089. Of the funds appropriated in the Intelligence
Community Management Account for the Program Manager for
the Information Sharing Environment, $20,000,000 is available for
transfer by the Director of National Intelligence to other departments and agencies for purposes of Government-wide information
sharing activities: Provided, That funds transferred under this
provision are to be merged with and available for the same purposes
and time period as the appropriation to which transferred: Provided
further, That the Office of Management and Budget must approve
any transfers made under this provision.
SEC. 8090. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall
be available for obligation or expenditure through a reprogramming
or transfer of funds in accordance with section 102A(d) of the
National Security Act of 1947 (50 U.S.C. 3024(d)) that—
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;

H. R. 2029—132
(3) transfers funding into or out of the National Intelligence
Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available
for obligation or expenditure through a reprogramming or transfer
of funds in accordance with section 102A(d) of the National Security
Act of 1947 (50 U.S.C. 3024(d)) that results in a cumulative increase
or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees
are notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national security
requirements.
SEC. 8091. The Director of National Intelligence shall submit
to Congress each year, at or about the time that the President’s
budget is submitted to Congress that year under section 1105(a)
of title 31, United States Code, a future-years intelligence program
(including associated annexes) reflecting the estimated expenditures
and proposed appropriations included in that budget. Any such
future-years intelligence program shall cover the fiscal year with
respect to which the budget is submitted and at least the four
succeeding fiscal years.
SEC. 8092. For the purposes of this Act, the term ‘‘congressional
intelligence committees’’ means the Permanent Select Committee
on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense
of the Committee on Appropriations of the House of Representatives,
and the Subcommittee on Defense of the Committee on Appropriations of the Senate.
SEC. 8093. The Department of Defense shall continue to report
incremental contingency operations costs for Operation Inherent
Resolve, Operation Freedom’s Sentinel, and any named successor
operations, on a monthly basis and any other operation designated
and identified by the Secretary of Defense for the purposes of
section 127a of title 10, United States Code, on a semi-annual
basis in the Cost of War Execution Report as prescribed in the
Department of Defense Financial Management Regulation Department of Defense Instruction 7000.14, Volume 12, Chapter 23
‘‘Contingency Operations’’, Annex 1, dated September 2005.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8094. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of
this Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and
Maintenance, Navy’’, and ‘‘Operation and Maintenance, Air Force’’
may be transferred by the military department concerned to its
central fund established for Fisher Houses and Suites pursuant
to section 2493(d) of title 10, United States Code.

H. R. 2029—133
(INCLUDING TRANSFER OF FUNDS)

SEC. 8095. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making remittances and transfer to the Defense Acquisition Workforce Development Fund in accordance with section 1705 of title 10, United
States Code.
SEC. 8096. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
Web site of that agency any report required to be submitted by
the Congress in this or any other Act, upon the determination
by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
SEC. 8097. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor
agrees not to—
(1) enter into any agreement with any of its employees
or independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or arising
out of sexual assault or harassment, including assault and
battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil Rights
Act of 1964 or any tort related to or arising out of sexual
assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or
negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available
by this Act may be expended for any Federal contract unless the
contractor certifies that it requires each covered subcontractor to
agree not to enter into, and not to take any action to enforce
any provision of, any agreement as described in paragraphs (1)
and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract.
For purposes of this subsection, a ‘‘covered subcontractor’’ is an
entity that has a subcontract in excess of $1,000,000 on a contract
subject to subsection (a).
(c) The prohibitions in this section do not apply with respect
to a contractor’s or subcontractor’s agreements with employees or
independent contractors that may not be enforced in a court of
the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor
for the purposes of a particular contract or subcontract if the
Secretary or the Deputy Secretary personally determines that the

H. R. 2029—134
waiver is necessary to avoid harm to national security interests
of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The
determination shall set forth with specificity the grounds for the
waiver and for the contract or subcontract term selected, and shall
state any alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. The Secretary of Defense shall
transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days
before the contract or subcontract addressed in the determination
may be awarded.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8098. From within the funds appropriated for operation
and maintenance for the Defense Health Program in this Act,
up to $121,000,000, shall be available for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund in accordance with the provisions
of section 1704 of the National Defense Authorization Act for Fiscal
Year 2010, Public Law 111–84: Provided, That for purposes of
section 1704(b), the facility operations funded are operations of
the integrated Captain James A. Lovell Federal Health Care Center,
consisting of the North Chicago Veterans Affairs Medical Center,
the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by
section 706 of Public Law 110–417: Provided further, That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the
Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the
Secretary of Defense to the Committees on Appropriations of the
House of Representatives and the Senate.
SEC. 8099. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light armored
vehicles for the physical security of personnel or for force protection
purposes up to a limit of $450,000 per vehicle, notwithstanding
price or other limitations applicable to the purchase of passenger
carrying vehicles.
SEC. 8100. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used by the Department of Defense or a component thereof in contravention of the
provisions of section 130h of title 10, United States Code (as added
by section 1671 of the National Defense Authorization Act for
Fiscal Year 2016).
SEC. 8101. The Secretary of Defense shall report quarterly
the numbers of civilian personnel end strength by appropriation
account for each and every appropriation account used to finance
Federal civilian personnel salaries to the congressional defense
committees within 15 days after the end of each fiscal quarter.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8102. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $1,500,000,000

H. R. 2029—135
of the funds made available in this Act for the National Intelligence
Program: Provided, That such authority to transfer may not be
used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That a request
for multiple reprogrammings of funds using authority provided
in this section shall be made prior to June 30, 2016.
SEC. 8103. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guanta´namo Bay, Cuba, by the Department of Defense.
SEC. 8104. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to construct,
acquire, or modify any facility in the United States, its territories,
or possessions to house any individual described in subsection (c)
for the purposes of detention or imprisonment in the custody or
under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guanta´namo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guanta´namo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guanta´namo Bay, Cuba.
SEC. 8105. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guanta´namo Bay, Cuba, to the
custody or control of the individual’s country of origin, any other
foreign country, or any other foreign entity except in accordance
with sections 1033 and 1034 of the National Defense Authorization
Act for Fiscal Year 2016.
SEC. 8106. None of the funds made available by this Act may
be used in contravention of the War Powers Resolution (50 U.S.C.
1541 et seq.).
(INCLUDING TRANSFER OF FUNDS)

SEC. 8107. Of the amounts appropriated for ‘‘Operation and
Maintenance, Navy’’, up to $1,000,000 shall be available for transfer
to the John C. Stennis Center for Public Service Development
Trust Fund established under section 116 of the John C. Stennis
Center for Public Service Training and Development Act (2 U.S.C.
1105).

H. R. 2029—136
SEC. 8108. None of the funds made available by this Act may
be used by the Department of Defense or any other Federal agency
to lease or purchase new light duty vehicles, for any executive
fleet, or for any agency’s fleet inventory, except in accordance with
Presidential Memorandum-Federal Fleet Performance, dated May
24, 2011.
SEC. 8109. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the Department of Defense, to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or
provide a loan or loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection (a) if the Secretary, in consultation with the Secretary
of State and the Director of National Intelligence, determines that
it is in the vital national security interest of the United States
to do so, and certifies in writing to the congressional defense
committees that, to the best of the Secretary’s knowledge:
(1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab
Republic;
(2) The armed forces of the Russian Federation have withdrawn from Crimea, other than armed forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of
Ukraine; and
(3) Agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government
of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with
respect to a waiver issued by the Secretary of Defense pursuant
to subsection (b), and not later than 90 days after the date on
which such a waiver is issued by the Secretary of Defense, the
Inspector General shall submit to the congressional defense committees a report containing the results of the review conducted with
respect to such waiver.
SEC. 8110. None of the funds made available in this Act may
be used for the purchase or manufacture of a flag of the United
States unless such flags are treated as covered items under section
2533a(b) of title 10, United States Code.
SEC. 8111. (a) Of the funds appropriated in this Act for the
Department of Defense, amounts may be made available, under
such regulations as the Secretary of Defense may prescribe, to
local military commanders appointed by the Secretary, or by an
officer or employee designated by the Secretary, to provide at their
discretion ex gratia payments in amounts consistent with subsection
(d) of this section for damage, personal injury, or death that is
incident to combat operations of the Armed Forces in a foreign
country.
(b) An ex gratia payment under this section may be provided
only if—
(1) the prospective foreign civilian recipient is determined
by the local military commander to be friendly to the United
States;

H. R. 2029—137
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known
as the ‘‘Foreign Claims Act’’); and
(3) the property damage, personal injury, or death was
not caused by action by an enemy.
(c) NATURE OF PAYMENTS.—Any payments provided under a
program under subsection (a) shall not be considered an admission
or acknowledgement of any legal obligation to compensate for any
damage, personal injury, or death.
(d) AMOUNT OF PAYMENTS.—If the Secretary of Defense determines a program under subsection (a) to be appropriate in a particular setting, the amounts of payments, if any, to be provided
to civilians determined to have suffered harm incident to combat
operations of the Armed Forces under the program should be determined pursuant to regulations prescribed by the Secretary and
based on an assessment, which should include such factors as
cultural appropriateness and prevailing economic conditions.
(e) LEGAL ADVICE.—Local military commanders shall receive
legal advice before making ex gratia payments under this subsection. The legal advisor, under regulations of the Department
of Defense, shall advise on whether an ex gratia payment is proper
under this section and applicable Department of Defense regulations.
(f) WRITTEN RECORD.—A written record of any ex gratia payment offered or denied shall be kept by the local commander and
on a timely basis submitted to the appropriate office in the Department of Defense as determined by the Secretary of Defense.
(g) REPORT.—The Secretary of Defense shall report to the
congressional defense committees on an annual basis the efficacy
of the ex gratia payment program including the number of types
of cases considered, amounts offered, the response from ex gratia
payment recipients, and any recommended modifications to the
program.
SEC. 8112. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or routine refurbishments, upgrades or maintenance activities, shall be used to reduce or to prepare to reduce the number
of deployed and non-deployed strategic delivery vehicles and
launchers below the levels set forth in the report submitted to
Congress in accordance with section 1042 of the National Defense
Authorization Act for Fiscal Year 2012.
SEC. 8113. The Secretary of Defense shall post grant awards
on a public Web site in a searchable format.
SEC. 8114. None of the funds made available by this Act may
be used to realign forces at Lajes Air Force Base, Azores, Portugal,
until the Secretary of Defense certifies to the congressional defense
committees that the Secretary of Defense 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. None of the funds made available by this Act may
be used to fund the performance of a flight demonstration team
at a location outside of the United States: Provided, That this
prohibition applies only if a performance of a flight demonstration
team at a location within the United States was canceled during
the current fiscal year due to insufficient funding.

H. R. 2029—138
SEC. 8116. None of the funds made available by this Act may
be used by the National Security Agency to—
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States Code)
of any electronic communication of a United States person
from a provider of electronic communication services to the
public pursuant to section 501 of the Foreign Intelligence
Surveillance Act of 1978.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8117. In addition to amounts provided elsewhere in this
Act for basic allowance for housing for military personnel, including
active duty, reserve and National Guard personnel, $300,000,000
is hereby appropriated to the Department of Defense and made
available for transfer only to military personnel accounts: Provided,
That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this
Act.
SEC. 8118. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
SEC. 8119. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or employee
of any agency funded by this Act who approves or implements
the transfer of administrative responsibilities or budgetary
resources of any program, project, or activity financed by this Act
to the jurisdiction of another Federal agency not financed by this
Act without the express authorization of Congress: Provided, That
this limitation shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
SEC. 8120. None of the funds appropriated or otherwise made
available by this Act may be used in contravention of section
1054 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. None of the funds made available in this Act may
be obligated for activities authorized under section 1208 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 112–81; 125 Stat. 1621) to initiate support
for, or expand support to, foreign forces, irregular forces, groups,
or individuals unless the congressional defense committees are notified in accordance with the direction contained in the classified
annex accompanying this Act, not less than 15 days before initiating
such support: Provided, That none of the funds made available
in this Act may be used under section 1208 for any activity that
is not in support of an ongoing military operation being conducted
by United States Special Operations Forces to combat terrorism:
Provided further, That the Secretary of Defense may waive the
prohibitions in this section if the Secretary determines that such
waiver is required by extraordinary circumstances and, by not

H. R. 2029—139
later than 72 hours after making such waiver, notifies the congressional defense committees of such waiver.
SEC. 8122. None of the funds made available by this Act may
be used with respect to Iraq in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction
of United States armed forces into hostilities in Iraq, into situations
in Iraq where imminent involvement in hostilities is clearly
indicated by the circumstances, or into Iraqi territory, airspace,
or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections
3 and 4 of such Resolution (50 U.S.C. 1542 and 1543).
SEC. 8123. None of the funds made available by this Act may
be used to divest, retire, transfer, or place in storage or on backup
aircraft inventory status, or prepare to divest, retire, transfer, or
place in storage or on backup aircraft inventory status, any A–
10 aircraft, or to disestablish any units of the active or reserve
component associated with such aircraft.
SEC. 8124. Of the funds provided for ‘‘Research, Development,
Test and Evaluation, Defense-Wide’’ in this Act, not less than
$2,800,000 shall be used to support the Department’s activities
related to the implementation of the Digital Accountability and
Transparency Act (Public Law 113–101; 31 U.S.C. 6101 note) and
to support the implementation of a uniform procurement instrument
identifier as described in subpart 4.16 of Title 48, Code of Federal
Regulations, to include changes in business processes, workforce,
or information technology.
SEC. 8125. None of the funds provided in this Act for the
T–AO(X) program shall be used to award a new contract that
provides for the acquisition of the following components unless
those components are manufactured in the United States: Auxiliary
equipment (including pumps) for shipboard services; propulsion
equipment (including engines, reduction gears, and propellers); shipboard cranes; and spreaders for shipboard cranes: Provided, That
the Secretary of the military department responsible for such
procurement may waive these restrictions on a case-by-case basis
by certifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely and cost competitive basis and that such
an acquisition must be made in order to acquire capability for
national security purposes.
SEC. 8126. The amounts appropriated in title II of this Act
are hereby reduced by $389,000,000 to reflect excess cash balances
in Department of Defense Working Capital Funds, as follows:
(1)
From
‘‘Operation
and
Maintenance,
Army’’,
$138,000,000;
(2) From ‘‘Operation and Maintenance, Air Force’’,
$251,000,000.
(RESCISSION)

SEC. 8127. Of the unobligated balances available to the Department of Defense, the following funds are permanently rescinded
from the following accounts and programs in the specified amounts
to reflect excess cash balances in Department of Defense Working
Capital Funds: Provided, That no amounts may be rescinded from

H. R. 2029—140
amounts that were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985, as amended:
From ‘‘Defense Working Capital Fund, Defense, X’’,
$1,037,000,000.
SEC. 8128. Notwithstanding any other provision of this Act,
to reflect savings due to lower than anticipated fuel costs, the
total amount appropriated in title II of this Act is hereby reduced
by $2,576,000,000.
SEC. 8129. None of the funds made available by this Act may
be used to divest or retire, or to prepare to divest or retire, KC–
10 aircraft.
SEC. 8130. None of the funds made available by this Act may
be used to divest, retire, transfer, or place in storage or on backup
aircraft inventory status, or prepare to divest, retire, transfer, or
place in storage or on backup aircraft inventory status, any EC–
130H aircraft.
SEC. 8131. None of the funds made available by this Act may
be used for Government Travel Charge Card expenses by military
or civilian personnel of the Department of Defense for gaming,
or for entertainment that includes topless or nude entertainers
or participants, as prohibited by Department of Defense FMR,
Volume 9, Chapter 3 and Department of Defense Instruction
1015.10 (enclosure 3, 14a and 14b).
SEC. 8132. None of the funds made available by this Act may
be used to propose, plan for, or execute a new or additional Base
Realignment and Closure (BRAC) round.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON
TERRORISM
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$1,846,356,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel,
$251,011,000: Provided, That such amount is designated
Congress for Overseas Contingency Operations/Global War
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
and Emergency Deficit Control Act of 1985.

Navy’’,
by the
on TerBudget

MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $171,079,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War

H. R. 2029—141
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$726,126,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
RESERVE PERSONNEL, ARMY
For an additional amount for ‘‘Reserve Personnel,
$24,462,000: Provided, That such amount is designated
Congress for Overseas Contingency Operations/Global War
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
and Emergency Deficit Control Act of 1985.

Army’’,
by the
on TerBudget

RESERVE PERSONNEL, NAVY
For an additional amount for ‘‘Reserve Personnel,
$12,693,000: Provided, That such amount is designated
Congress for Overseas Contingency Operations/Global War
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
and Emergency Deficit Control Act of 1985.

Navy’’,
by the
on TerBudget

RESERVE PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Reserve Personnel, Marine
Corps’’, $3,393,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESERVE PERSONNEL, AIR FORCE
For an additional amount for ‘‘Reserve Personnel, Air Force’’,
$18,710,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Personnel,
Army’’, $166,015,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
NATIONAL GUARD PERSONNEL, AIR FORCE
For an additional amount for ‘‘National Guard Personnel, Air
Force’’, $2,828,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.

H. R. 2029—142
OPERATION AND MAINTENANCE
OPERATION

AND

MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance,
Army’’, $14,994,833,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $7,169,611,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $1,372,534,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $11,128,813,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $5,665,633,000: Provided, That of the funds provided
under this heading, not to exceed $1,160,000,000, to remain available until September 30, 2017, shall be for payments to reimburse
key cooperating nations for logistical, military, and other support,
including access, provided to United States military and stability
operations in Afghanistan and to counter the Islamic State of Iraq
and the Levant: Provided further, That such reimbursement payments may be made in such amounts as the Secretary of Defense,
with the concurrence of the Secretary of State, and in consultation
with the Director of the Office of Management and Budget, may
determine, based on documentation determined by the Secretary
of Defense to adequately account for the support provided, and
such determination is final and conclusive upon the accounting
officers of the United States, and 15 days following notification
to the appropriate congressional committees: Provided further, That
these funds may be used for the purpose of providing specialized
training and procuring supplies and specialized equipment and
providing such supplies and loaning such equipment on a nonreimbursable basis to coalition forces supporting United States military and stability operations in Afghanistan and to counter the

H. R. 2029—143
Islamic State of Iraq and the Levant, and 15 days following notification to the appropriate congressional committees: Provided further,
That these funds may be used to support the Governments of
Jordan and Lebanon, in such amounts as the Secretary of Defense
may determine, to enhance the ability of the armed forces of Jordan
to increase or sustain security along its borders and the ability
of the armed forces of Lebanon to increase or sustain security
along its borders, upon 15 days prior written notification to the
congressional defense committees outlining the amounts intended
to be provided and the nature of the expenses incurred: Provided
further, That of the funds provided under this heading, up to
$30,000,000 shall be for Operation Observant Compass: Provided
further, That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the use of funds
provided in this paragraph: Provided further, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance,
Army Reserve’’, $99,559,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance,
Navy Reserve’’, $31,643,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance,
Marine Corps Reserve’’, $3,455,000: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance,
Air Force Reserve’’, $58,106,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance,
Army National Guard’’, $135,845,000: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.

H. R. 2029—144
OPERATION

AND

MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance,
Air National Guard’’, $19,900,000: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
COUNTERTERRORISM PARTNERSHIPS FUND
(INCLUDING TRANSFER OF FUNDS)

For the ‘‘Counterterrorism Partnerships Fund’’, $1,100,000,000,
to remain available until September 30, 2017: Provided, That such
funds shall be available to provide support and assistance to foreign
security forces or other groups or individuals to conduct, support,
or facilitate counterterrorism and crisis response activities: Provided
further, That the Secretary of Defense shall transfer the funds
provided herein to other appropriations provided for in this Act
to be merged with and to be available for the same purposes
and subject to the same authorities and for the same time period
as the appropriation to which transferred: Provided further, That
the transfer authority under this heading is in addition to any
other transfer authority provided elsewhere in this Act: Provided
further, That the funds available under this heading are available
for transfer only to the extent that the Secretary of Defense submits
a prior approval reprogramming request to the congressional
defense committees: Provided further, That the Secretary of Defense
shall comply with the appropriate vetting standards and procedures
established in division C of the Consolidated and Further Continuing Appropriations Act of 2015 (Public Law 113–235) for any
recipient of training, equipment, or other assistance: Provided further, That the amount provided under this heading is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
AFGHANISTAN SECURITY FORCES FUND
For the ‘‘Afghanistan Security Forces Fund’’, $3,652,257,000,
to remain available until September 30, 2017: Provided, That such
funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing
the Commander, Combined Security Transition Command—
Afghanistan, or the Secretary’s designee, to provide assistance,
with the concurrence of the Secretary of State, to the security
forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, construction, and funding: Provided further, That the Secretary
of Defense may obligate and expend funds made available to the
Department of Defense in this title for additional costs associated
with existing projects previously funded with amounts provided
under the heading ‘‘Afghanistan Infrastructure Fund’’ in prior Acts:
Provided further, That such costs shall be limited to contract
changes resulting from inflation, market fluctuation, rate adjustments, and other necessary contract actions to complete existing
projects, and associated supervision and administration costs and
costs for design during construction: Provided further, That the

H. R. 2029—145
Secretary may not use more than $50,000,000 under the authority
provided in this section: Provided further, That the Secretary shall
notify in advance such contract changes and adjustments in annual
reports to the congressional defense committees: Provided further,
That the authority to provide assistance under this heading is
in addition to any other authority to provide assistance to foreign
nations: Provided further, That contributions of funds for the purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund, to remain
available until expended, and used for such purposes: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of
the funds received and the specific use of such contributions: Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to obligating from this appropriation account, notify
the congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of Defense
shall notify the congressional defense committees of any proposed
new projects or transfer of funds between budget sub-activity groups
in excess of $20,000,000: Provided further, That the United States
may accept equipment procured using funds provided under this
heading in this or prior Acts that was transferred to the security
forces of Afghanistan and returned by such forces to the United
States: Provided further, That equipment procured using funds
provided under this heading in this or prior Acts, and not yet
transferred to the security forces of Afghanistan or transferred
to the security forces of Afghanistan and returned by such forces
to the United States, may be treated as stocks of the Department
of Defense upon written notification to the congressional defense
committees: Provided further, That of the funds provided under
this heading, not less than $10,000,000 shall be for recruitment
and retention of women in the Afghanistan National Security
Forces, and the recruitment and training of female security personnel: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
IRAQ TRAIN

AND

EQUIP FUND

For the ‘‘Iraq Train and Equip Fund’’, $715,000,000, to remain
available until September 30, 2017: Provided, That such funds
shall be available to the Secretary of Defense, in coordination with
the Secretary of State, to provide assistance, including training;
equipment; logistics support, supplies, and services; stipends; infrastructure repair, renovation, and sustainment, to military and other
security forces of or associated with the Government of Iraq,
including Kurdish and tribal security forces or other local security
forces, with a national security mission, to counter the Islamic
State of Iraq and the Levant: Provided further, That the Secretary
of Defense shall ensure that prior to providing assistance to elements of any forces such elements are appropriately vetted,
including at a minimum, assessing such elements for associations
with terrorist groups or groups associated with the Government
of Iran; and receiving commitments from such elements to promote
respect for human rights and the rule of law: Provided further,

H. R. 2029—146
That the Secretary of Defense may accept and retain contributions,
including assistance in-kind, from foreign governments, including
the Government of Iraq, and other entities, to carry out assistance
authorized under this heading: Provided further, That contributions
of funds for the purposes provided herein from any foreign government or other entities, may be credited to this Fund, to remain
available until expended, and used for such purposes: Provided
further, That not more than 25 percent of the funds appropriated
under this heading may be obligated or expended until not fewer
than 15 days after: (1) the Secretary of Defense submits a report
to the appropriate congressional committees, describing the plan
for the provision of such training and assistance and the forces
designated to receive such assistance; and (2) the President submits
a report to the appropriate congressional committees on how assistance provided under this heading supports a larger regional
strategy: Provided further, That of the amount provided under
this heading, not more than 60 percent may be obligated or
expended until not fewer than 15 days after the date on which
the Secretary of Defense certifies to the appropriate congressional
committees that an amount equal to not less than 40 percent
of the amount provided under this heading has been contributed
by other countries and entities for the purposes for which funds
are provided under this heading, of which at least 50 percent
shall have been contributed or provided by the Government of
Iraq: Provided further, That the limitation in the preceding proviso
shall not apply if the Secretary of Defense determines, in writing,
that the national security objectives of the United States will be
compromised by the application of the limitation to such assistance,
and notifies the appropriate congressional committees not less than
15 days in advance of the exemption taking effect, including a
justification for the Secretary’s determination and a description
of the assistance to be exempted from the application of such
limitation: Provided further, That the Secretary of Defense may
waive a provision of law relating to the acquisition of items and
support services or sections 40 and 40A of the Arms Export Control
Act (22 U.S.C. 2780 and 2785) if the Secretary determines such
provisions of law would prohibit, restrict, delay or otherwise limit
the provision of such assistance and a notice of and justification
for such waiver is submitted to the appropriate congressional
committees: Provided further, That the term ‘‘appropriate congressional committees’’ under this heading means the ‘‘congressional
defense committees’’, the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations
and Foreign Affairs of the House of Representatives: Provided further, That amounts made available under this heading are designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For an additional amount for ‘‘Aircraft Procurement, Army’’,
$161,987,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas

H. R. 2029—147
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
MISSILE PROCUREMENT, ARMY
For an additional amount for ‘‘Missile Procurement, Army’’,
$37,260,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT

OF

WEAPONS

AND TRACKED COMBAT VEHICLES,
ARMY

For an additional amount for ‘‘Procurement of Weapons and
Tracked Combat Vehicles, Army’’, $486,630,000, to remain available
until September 30, 2018: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT

OF

AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $222,040,000, to remain available until September 30, 2018:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$1,175,596,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement, Navy’’,
$210,990,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT

OF

AMMUNITION, NAVY

AND

MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition,
Navy and Marine Corps’’, $117,966,000, to remain available until
September 30, 2018: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.

H. R. 2029—148
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement, Navy’’,
$12,186,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine Corps’’,
$56,934,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,
$128,900,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
MISSILE PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Missile Procurement, Air Force’’,
$289,142,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT

OF

AMMUNITION, AIR FORCE

For an additional amount for ‘‘Procurement of Ammunition,
Air Force’’, $228,874,000, to remain available until September 30,
2018: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$3,477,001,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$173,918,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas

H. R. 2029—149
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
NATIONAL GUARD

AND

RESERVE EQUIPMENT ACCOUNT

For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for
the reserve components of the Armed Forces, $1,000,000,000, to
remain available for obligation until September 30, 2018: Provided,
That the Chiefs of National Guard and Reserve components shall,
not later than 30 days after enactment of this Act, individually
submit to the congressional defense committees the modernization
priority assessment for their respective National Guard or Reserve
component: Provided further, That none of the funds made available
by this paragraph may be used to procure manned fixed wing
aircraft, or procure or modify missiles, munitions, or ammunition:
Provided further, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, ARMY

For an additional amount for ‘‘Research, Development, Test
and Evaluation, Army’’, $1,500,000, to remain available until September 30, 2017: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test
and Evaluation, Navy’’, $35,747,000, to remain available until September 30, 2017: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $17,100,000, to remain available until
September 30, 2017: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $177,087,000, to remain available
until September 30, 2017: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War

H. R. 2029—150
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$88,850,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$272,704,000, which shall be for operation and maintenance: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
DRUG INTERDICTION

AND

COUNTER-DRUG ACTIVITIES, DEFENSE

For an additional amount for ‘‘Drug Interdiction and CounterDrug Activities, Defense’’, $186,000,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
(INCLUDING TRANSFER OF FUNDS)

For the ‘‘Joint Improvised Explosive Device Defeat Fund’’,
$349,464,000, to remain available until September 30, 2018: Provided, That such funds shall be available to the Secretary of
Defense, notwithstanding any other provision of law, for the purpose
of allowing the Director of the Joint Improvised Explosive Device
Defeat Organization to investigate, develop and provide equipment,
supplies, services, training, facilities, personnel and funds to assist
United States forces in the defeat of improvised explosive devices:
Provided further, That the Secretary of Defense may transfer funds
provided herein to appropriations for military personnel; operation
and maintenance; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish the
purpose provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority available
to the Department of Defense: Provided further, That the Secretary
of Defense shall, not fewer than 15 days prior to making transfers
from this appropriation, notify the congressional defense committees
in writing of the details of any such transfer: Provided further,
That such amount is designated by the Congress for Overseas

H. R. 2029—151
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OFFICE

OF THE INSPECTOR

GENERAL

For an additional amount for the ‘‘Office of the Inspector General’’, $10,262,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS—THIS TITLE
SEC. 9001. Notwithstanding any other provision of law, funds
made available in this title are in addition to amounts appropriated
or otherwise made available for the Department of Defense for
fiscal year 2016.
(INCLUDING TRANSFER OF FUNDS)

SEC. 9002. Upon the determination of the Secretary of Defense
that such action is necessary in the national interest, the Secretary
may, with the approval of the Office of Management and Budget,
transfer up to $4,500,000,000 between the appropriations or funds
made available to the Department of Defense in this title: Provided,
That the Secretary shall notify the Congress promptly of each
transfer made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in addition
to any other transfer authority available to the Department of
Defense and is subject to the same terms and conditions as the
authority provided in section 8005 of this Act.
SEC. 9003. Supervision and administration costs and costs for
design during construction associated with a construction project
funded with appropriations available for operation and maintenance
or the ‘‘Afghanistan Security Forces Fund’’ provided in this Act
and executed in direct support of overseas contingency operations
in Afghanistan, may be obligated at the time a construction contract
is awarded: Provided, That, for the purpose of this section, supervision and administration costs and costs for design during construction include all in-house Government costs.
SEC. 9004. From funds made available in this title, the Secretary of Defense may purchase for use by military and civilian
employees of the Department of Defense in the United States Central Command area of responsibility: (1) passenger motor vehicles
up to a limit of $75,000 per vehicle; and (2) heavy and light
armored vehicles for the physical security of personnel or for force
protection purposes up to a limit of $450,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of
passenger carrying vehicles.
SEC. 9005. Not to exceed $5,000,000 of the amounts appropriated by this title under the heading ‘‘Operation and Maintenance,
Army’’ may be used, notwithstanding any other provision of law,
to fund the Commanders’ Emergency Response Program (CERP),
for the purpose of enabling military commanders in Afghanistan
to respond to urgent, small-scale, humanitarian relief and
reconstruction requirements within their areas of responsibility:
Provided, That each project (including any ancillary or related

H. R. 2029—152
elements in connection with such project) executed under this
authority shall not exceed $2,000,000: Provided further, That not
later than 45 days after the end of each 6 months of the fiscal
year, the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and
the allocation and use of funds during that 6-month period that
were made available pursuant to the authority provided in this
section or under any other provision of law for the purposes
described herein: Provided further, That, not later than 30 days
after the end of each fiscal year quarter, the Army shall submit
to the congressional defense committees quarterly commitment,
obligation, and expenditure data for the CERP in Afghanistan:
Provided further, That, not less than 15 days before making funds
available pursuant to the authority provided in this section or
under any other provision of law for the purposes described herein
for a project with a total anticipated cost for completion of $500,000
or more, the Secretary shall submit to the congressional defense
committees a written notice containing each of the following:
(1) The location, nature and purpose of the proposed project,
including how the project is intended to advance the military
campaign plan for the country in which it is to be carried
out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a nonDepartment of Defense agency of the United States Government
or a third-party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to
be provided through the proposed project.
SEC. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to coalition
forces supporting military and stability operations in Afghanistan
and to counter the Islamic State of Iraq and the Levant: Provided,
That the Secretary of Defense shall provide quarterly reports to
the congressional defense committees regarding support provided
under this section.
SEC. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended
by the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
SEC. 9008. None of the funds made available in this Act may
be used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (done at New York on December 10, 1984):

H. R. 2029—153
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112
Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act,
2006 (Public Law 109–148).
SEC. 9009. None of the funds provided for the ‘‘Afghanistan
Security Forces Fund’’ (ASFF) may be obligated prior to the
approval of a financial and activity plan by the Afghanistan
Resources Oversight Council (AROC) of the Department of Defense:
Provided, That the AROC must approve the requirement and
acquisition plan for any service requirements in excess of
$50,000,000 annually and any non-standard equipment requirements in excess of $100,000,000 using ASFF: Provided further,
That the Department of Defense must certify to the congressional
defense committees that the AROC has convened and approved
a process for ensuring compliance with the requirements in the
preceding proviso and accompanying report language for the ASFF.
SEC. 9010. Funds made available in this title to the Department
of Defense for operation and maintenance may be used to purchase
items having an investment unit cost of not more than $250,000:
Provided, That, upon determination by the Secretary of Defense
that such action is necessary to meet the operational requirements
of a Commander of a Combatant Command engaged in contingency
operations overseas, such funds may be used to purchase items
having an investment item unit cost of not more than $500,000.
SEC. 9011. From funds made available to the Department of
Defense in this title under the heading ‘‘Operation and Maintenance, Air Force’’, up to $80,000,000 may be used by the Secretary
of Defense, notwithstanding any other provision of law, to support
United States Government transition activities in Iraq by funding
the operations and activities of the Office of Security Cooperation
in Iraq and security assistance teams, including life support,
transportation and personal security, and facilities renovation and
construction, and site closeout activities prior to returning sites
to the Government of Iraq: Provided, That to the extent authorized
under the National Defense Authorization Act for Fiscal Year 2016,
the operations and activities that may be carried out by the Office
of Security Cooperation in Iraq may, with the concurrence of the
Secretary of State, include non-operational training activities in
support of Iraqi Minister of Defense and Counter Terrorism Service
personnel in an institutional environment to address capability
gaps, integrate processes relating to intelligence, air sovereignty,
combined arms, logistics and maintenance, and to manage and
integrate defense-related institutions: Provided further, That not
later than 30 days following the enactment of this Act, the Secretary
of Defense and the Secretary of State shall submit to the congressional defense committees a plan for transitioning any such training
activities that they determine are needed after the end of fiscal
year 2016, to existing or new contracts for the sale of defense
articles or defense services consistent with the provisions of the
Arms Export Control Act (22 U.S.C. 2751 et seq.): Provided further,

H. R. 2029—154
That, not less than 15 days before making funds available pursuant
to the authority provided in this section, the Secretary of Defense
shall submit to the congressional defense committees a written
notice containing a detailed justification and timeline for the operations and activities of the Office of Security Cooperation in Iraq
at each site where such operations and activities will be conducted
during fiscal year 2016 : Provided further, That amounts made
available by this section are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant
to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
SEC. 9012. Up to $600,000,000 of funds appropriated by this
Act for the Counterterrorism Partnerships Fund may be used to
provide assistance to the Government of Jordan to support the
armed forces of Jordan and to enhance security along its borders.
SEC. 9013. None of the funds made available by this Act under
the heading ‘‘Iraq Train and Equip Fund’’ may be used to procure
or transfer man-portable air defense systems.
SEC. 9014. For the ‘‘Ukraine Security Assistance Initiative’’,
$250,000,000 is hereby appropriated, to remain available until September 30, 2016: Provided, That such funds shall be available
to the Secretary of Defense, in coordination with the Secretary
of State, to provide assistance, including training; equipment; lethal
weapons of a defensive nature; logistics support, supplies and services; sustainment; and intelligence support to the military and
national security forces of Ukraine, and for replacement of any
weapons or defensive articles provided to the Government of
Ukraine from the inventory of the United States: Provided further,
That the Secretary of Defense shall, not less than 15 days prior
to obligating funds provided under this heading, notify the congressional defense committees in writing of the details of any such
obligation: Provided further, That the United States may accept
equipment procured using funds provided under this heading in
this or prior Acts that was transferred to the security forces of
Ukraine and returned by such forces to the United States: Provided
further, That equipment procured using funds provided under this
heading in this or prior Acts, and not yet transferred to the military
or National Security Forces of Ukraine or returned by such forces
to the United States, may be treated as stocks of the Department
of Defense upon written notification to the congressional defense
committees: Provided further, That amounts made available by
this section are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 9015. Funds appropriated in this title shall be available
for replacement of funds for items provided to the Government
of Ukraine from the inventory of the United States to the extent
specifically provided for in section 9014 of this Act.
SEC. 9016. None of the funds made available by this Act under
section 9014 for ‘‘Assistance and Sustainment to the Military and
National Security Forces of Ukraine’’ may be used to procure or
transfer man-portable air defense systems.
SEC. 9017. (a) None of the funds appropriated or otherwise
made available by this Act under the heading ‘‘Operation and
Maintenance, Defense-Wide’’ for payments under section 1233 of

H. R. 2029—155
Public Law 110–181 for reimbursement to the Government of Pakistan may be made available unless the Secretary of Defense, in
coordination with the Secretary of State, certifies to the congressional defense committees that the Government of Pakistan is—
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other
domestic and foreign terrorist organizations, including taking
steps to end support for such groups and prevent them from
basing and operating in Pakistan and carrying out cross border
attacks into neighboring countries;
(2) not supporting terrorist activities against United States
or coalition forces in Afghanistan, and Pakistan’s military and
intelligence agencies are not intervening extra-judicially into
political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture
of IEDs;
(4) preventing the proliferation of nuclear-related material
and expertise;
(5) implementing policies to protect judicial independence
and due process of law;
(6) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance programs in Pakistan; and
(7) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the Secretary
of State, may waive the restriction in subsection (a) on a caseby-case basis by certifying in writing to the congressional defense
committees that it is in the national security interest to do so:
Provided, That if the Secretary of Defense, in coordination with
the Secretary of State, exercises such waiver authority, the Secretaries shall report to the congressional defense committees on both
the justification for the waiver and on the requirements of this
section that the Government of Pakistan was not able to meet:
Provided further, That such report may be submitted in classified
form if necessary.
(INCLUDING TRANSFER OF FUNDS)

SEC. 9018. In addition to amounts otherwise made available
in this Act, $500,000,000 is hereby appropriated to the Department
of Defense and made available for transfer only to the operation
and maintenance, military personnel, and procurement accounts,
to improve the intelligence, surveillance, and reconnaissance
capabilities of the Department of Defense: Provided, That the
transfer authority provided in this section is in addition to any
other transfer authority provided elsewhere in this Act: Provided
further, That not later than 30 days prior to exercising the transfer
authority provided in this section, the Secretary of Defense shall
submit a report to the congressional defense committees on the
proposed uses of these funds: Provided further, That the funds
provided in this section may not be transferred to any program,
project, or activity specifically limited or denied by this Act: Provided further, That amounts made available by this section are

H. R. 2029—156
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That the authority to provide funding under this
section shall terminate on September 30, 2016.
SEC. 9019. None of the funds made available by this Act may
be used with respect to Syria in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction
of United States armed or military forces into hostilities in Syria,
into situations in Syria where imminent involvement in hostilities
is clearly indicated by the circumstances, or into Syrian territory,
airspace, or waters while equipped for combat, in contravention
of the congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
SEC. 9020. None of the funds in this Act may be made available
for the transfer of additional C–130 cargo aircraft to the Afghanistan
National Security Forces or the Afghanistan Air Force until the
Department of Defense provides a report to the congressional
defense committees of the Afghanistan Air Force’s medium airlift
requirements. The report should identify Afghanistan’s ability to
utilize and maintain existing medium lift aircraft in the inventory
and the best alternative platform, if necessary, to provide additional
support to the Afghanistan Air Force’s current medium airlift
capacity.
(RESCISSION)

SEC. 9021. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
Provided, That such amounts are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended:
‘‘Afghanistan
Security
Forces
Fund’’,
2015/2016,
$400,000,000.
This division may be cited as the ‘‘Department of Defense
Appropriations Act, 2016’’.
DIVISION D—ENERGY AND WATER DEVELOPMENT AND
RELATED AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
CORPS OF ENGINEERS—CIVIL
DEPARTMENT OF THE ARMY
CORPS

OF

ENGINEERS—CIVIL

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of
the Army pertaining to river and harbor, flood and storm damage
reduction, shore protection, aquatic ecosystem restoration, and
related efforts.

H. R. 2029—157
INVESTIGATIONS

For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed
studies, and plans and specifications of proposed river and harbor,
flood and storm damage reduction, shore protection, and aquatic
ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed
studies, and plans and specifications of projects prior to construction, $121,000,000, to remain available until expended: Provided,
That the Secretary may initiate up to, but not more than, 10
new study starts during fiscal year 2016: Provided further, That
the new study starts will consist of seven studies where the majority
of the benefits are derived from navigation transportation savings
or from flood and storm damage reduction and three studies where
the majority of benefits are derived from environmental restoration:
Provided further, That the Secretary shall not deviate from the
new starts proposed in the work plan, once the plan has been
submitted to the Committees on Appropriations of the House of
Representatives and the Senate.
CONSTRUCTION

For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for
conducting detailed studies, and plans and specifications, of such
projects (including those involving participation by States, local
governments, or private groups) authorized or made eligible for
selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to
construction); $1,862,250,000, to remain available until expended;
of which such sums as are necessary to cover the Federal share
of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust Fund as authorized by Public Law 104–303; and of
which such sums as are necessary to cover one-half of the costs
of construction, replacement, rehabilitation, and expansion of inland
waterways projects shall be derived from the Inland Waterways
Trust Fund, except as otherwise specifically provided for in law:
Provided, That the Secretary may initiate up to, but not more
than, six new construction starts during fiscal year 2016: Provided
further, That the new construction starts will consist of five projects
where the majority of the benefits are derived from navigation
transportation savings or from flood and storm damage reduction
and one project where the majority of the benefits are derived
from environmental restoration: Provided further, That for new
construction projects, project cost sharing agreements shall be
executed as soon as practicable but no later than August 31, 2016:
Provided further, That no allocation for a new start shall be considered final and no work allowance shall be made until the Secretary
provides to the Committees on Appropriations of the House of
Representatives and the Senate an out-year funding scenario demonstrating the affordability of the selected new starts and the
impacts on other projects: Provided further, That the Secretary

H. R. 2029—158
may not deviate from the new starts proposed in the work plan,
once the plan has been submitted to the Committees on Appropriations of the House of Representatives and the Senate.
MISSISSIPPI RIVER AND TRIBUTARIES

For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley below
Cape Girardeau, Missouri, as authorized by law, $345,000,000, to
remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for inland harbors shall be derived from the Harbor
Maintenance Trust Fund.
OPERATION AND MAINTENANCE

For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage reduction,
aquatic ecosystem restoration, and related projects authorized by
law; providing security for infrastructure owned or operated by
the Corps, including administrative buildings and laboratories;
maintaining harbor channels provided by a State, municipality,
or other public agency that serve essential navigation needs of
general commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters; clearing
and straightening channels; and removing obstructions to navigation, $3,137,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels,
and for inland harbors shall be derived from the Harbor Maintenance Trust Fund; of which such sums as become available from
the special account for the Corps of Engineers established by the
Land and Water Conservation Fund Act of 1965 shall be derived
from that account for resource protection, research, interpretation,
and maintenance activities related to resource protection in the
areas at which outdoor recreation is available; and of which such
sums as become available from fees collected under section 217
of Public Law 104–303 shall be used to cover the cost of operation
and maintenance of the dredged material disposal facilities for
which such fees have been collected: Provided, That 1 percent
of the total amount of funds provided for each of the programs,
projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for use
by the Chief of Engineers to fund such emergency activities as
the Chief of Engineers determines to be necessary and appropriate,
and that the Chief of Engineers shall allocate during the fourth
quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities.
REGULATORY PROGRAM

For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $200,000,000, to
remain available until September 30, 2017.

H. R. 2029—159
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation’s early atomic energy program, $112,000,000, to remain
available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES

For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations, repairs,
and other activities in response to such disasters as authorized
by law, $28,000,000, to remain available until expended.
EXPENSES

For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division Engineers;
and for costs of management and operation of the Humphreys
Engineer Center Support Activity, the Institute for Water
Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers
Finance Center allocable to the civil works program, $179,000,000,
to remain available until September 30, 2017, of which not to
exceed $5,000 may be used for official reception and representation
purposes and only during the current fiscal year: Provided, That
no part of any other appropriation provided in this title shall
be available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction and
management activities of the division offices: Provided further, That
any Flood Control and Coastal Emergencies appropriation may
be used to fund the supervision and general administration of
emergency operations, repairs, and other activities in response to
any flood, hurricane, or other natural disaster.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $4,750,000, to remain
available until September 30, 2017: Provided, That not more than
50 percent of such amount may be obligated or expended until
the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress a work plan that allocates at
least 95 percent of the additional funding provided under each
heading in this title (as designated under such heading in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act)) to specific programs,
projects, or activities.
GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL
(INCLUDING TRANSFER OF FUNDS)

SEC. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the agencies
or entities funded in title I of this Act that remain available for
obligation or expenditure in fiscal year 2016, shall be available

H. R. 2029—160
for obligation or expenditure through a reprogramming of funds
that:
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted
by this Act, unless prior approval is received from the House
and Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs
(6) through (10), unless prior approval is received from the
House and Senate Committees on Appropriations;
(6) INVESTIGATIONS.—For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may
be reprogrammed into any continuing study or activity that
did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) CONSTRUCTION.—For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further,
That up to $300,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation for
existing obligations and concomitant administrative expenses;
(8) OPERATION AND MAINTENANCE.—Unlimited reprogramming authority is granted for the Corps to be able to respond
to emergencies: Provided, That the Chief of Engineers shall
notify the House and Senate Committees on Appropriations
of these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000, reprogramming of 15 percent of the base amount up to a limit
of $5,000,000 per project, study, or activity is allowed: Provided
further, That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000
may be reprogrammed into any continuing study or activity
that did not receive an appropriation;
(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The reprogramming guidelines in paragraphs (6), (7), and (8) shall apply
to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account,
respectively; and
(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.—Reprogramming of up to 15 percent of the base of
the receiving project is permitted.
(b) DE MINIMUS REPROGRAMMINGS.—In no case should a reprogramming for less than $50,000 be submitted to the House
and Senate Committees on Appropriations.

H. R. 2029—161
(c) CONTINUING AUTHORITIES PROGRAM.—Subsection (a)(1) shall
not apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the House and
Senate Committees on Appropriations to establish the baseline
for application of reprogramming and transfer authorities for the
current fiscal year which shall include:
(1) A table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
SEC. 102. The Secretary shall allocate funds made available
in this Act solely in accordance with the provisions of this Act
and the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), including the determination and designation of new starts.
SEC. 103. None of the funds made available in this title may
be used to award or modify any contract that commits funds beyond
the amounts appropriated for that program, project, or activity
that remain unobligated, except that such amounts may include
any funds that have been made available through reprogramming
pursuant to section 101.
SEC. 104. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service may
accept and expend, up to $5,400,000 of funds provided in this
title under the heading ‘‘Operation and Maintenance’’ to mitigate
for fisheries lost due to Corps of Engineers projects.
SEC. 105. None of the funds made available in this or any
other Act making appropriations for Energy and Water Development for any fiscal year may be used by the Corps of Engineers
during the fiscal year ending September 30, 2016, to develop, adopt,
implement, administer, or enforce any change to the regulations
in effect on October 1, 2012, pertaining to the definitions of the
terms ‘‘fill material’’ or ‘‘discharge of fill material’’ for the purposes
of the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
SEC. 106. None of the funds in this Act shall be used for
an open lake placement alternative of dredged material, after evaluating the least costly, environmentally acceptable manner for the
disposal or management of dredged material originating from Lake
Erie or tributaries thereto, unless it is approved under a State
water quality certification pursuant to 33 U.S.C. 1341.
SEC. 107. (a) Not later than 180 days after the date of enactment of this Act, the Secretary shall execute a transfer agreement
with the South Florida Water Management District for the project
identified as the ‘‘Ten Mile Creek Water Preserve Area Critical
Restoration Project’’, carried out under section 528(b)(3) of the
Water Resources Development Act of 1996 (110 Stat. 3768).

H. R. 2029—162
(b) The transfer agreement under subsection (a) shall require
the South Florida Water Management District to operate the transferred project as an environmental restoration project to provide
water storage and water treatment options.
(c) Upon execution of the transfer agreement under subsection
(a), the Ten Mile Creek Water Preserve Area Critical Restoration
Project shall no longer be authorized as a Federal project.
SEC. 108. None of the funds made available in this title may
be used for any acquisition that is not consistent with 48 CFR
225.7007.
SEC. 109. None of the funds made available by this Act may
be used to continue the study conducted by the Army Corps of
Engineers pursuant to section 5018(a)(1) of the Water Resources
Development Act of 2007 (Public Law 110–114).
SEC. 110. None of the funds made available by this Act may
be used to require a permit for the discharge of dredged or fill
material under the Federal Water Pollution Control Act (33 U.S.C.
1251, et seq.) for the activities identified in subparagraphs (A)
and (C) of section 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A),
(C)).
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT

For carrying out activities authorized by the Central Utah
Project Completion Act, $10,000,000, to remain available until
expended, of which $1,000,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission: Provided, That of the amount provided under this heading, $1,350,000
shall be available until September 30, 2017, for expenses necessary
in carrying out related responsibilities of the Secretary of the
Interior: Provided further, That for fiscal year 2016, of the amount
made available to the Commission under this Act or any other
Act, the Commission may use an amount not to exceed $1,500,000
for administrative expenses.
BUREAU

OF

RECLAMATION

The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)

For management, development, and restoration of water and
related natural resources and for related activities, including the
operation, maintenance, and rehabilitation of reclamation and other
facilities, participation in fulfilling related Federal responsibilities
to Native Americans, and related grants to, and cooperative and

H. R. 2029—163
other agreements with, State and local governments, federally recognized Indian tribes, and others, $1,118,972,000, to remain available until expended, of which $22,000 shall be available for transfer
to the Upper Colorado River Basin Fund and $5,899,000 shall
be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may
be advanced to the Colorado River Dam Fund: Provided, That
such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the
total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation
special fee account established by 16 U.S.C. 6806 shall be derived
from that Fund or account: Provided further, That funds contributed
under 43 U.S.C. 395 are available until expended for the purposes
for which the funds were contributed: Provided further, That funds
advanced under 43 U.S.C. 397a shall be credited to this account
and are available until expended for the same purposes as the
sums appropriated under this heading: Provided further, That of
the amounts provided herein, funds may be used for high-priority
projects which shall be carried out by the Youth Conservation
Corps, as authorized by 16 U.S.C. 1706.
CENTRAL VALLEY PROJECT RESTORATION FUND

For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley
Project Improvement Act, $49,528,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration
Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public
Law 102–575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to assess and collect the
full amount of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102–575: Provided
further, That none of the funds made available under this heading
may be used for the acquisition or leasing of water for in-stream
purposes if the water is already committed to in-stream purposes
by a court adopted decree or order.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)

For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior, $37,000,000,
to remain available until expended, of which such amounts as
may be necessary to carry out such activities may be transferred
to appropriate accounts of other participating Federal agencies to
carry out authorized purposes: Provided, That funds appropriated
herein may be used for the Federal share of the costs of CALFED
Program management: Provided further, That CALFED
implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.

H. R. 2029—164
POLICY AND ADMINISTRATION

For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office,
and offices in the five regions of the Bureau of Reclamation, to
remain available until September 30, 2017, $59,500,000, to be
derived from the Reclamation Fund and be nonreimbursable as
provided in 43 U.S.C. 377: Provided, That no part of any other
appropriation in this Act shall be available for activities or functions
budgeted as policy and administration expenses.
ADMINISTRATIVE PROVISION

Appropriations for the Bureau of Reclamation shall be available
for purchase of not to exceed five passenger motor vehicles, which
are for replacement only.
GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR
SEC. 201. (a) None of the funds provided in title II of this
Act for Water and Related Resources, or provided by previous
appropriations Acts to the agencies or entities funded in title II
of this Act for Water and Related Resources that remain available
for obligation or expenditure in fiscal year 2016, shall be available
for obligation or expenditure through a reprogramming of funds
that—
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations
of the House of Representatives and the Senate;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the beginning
of the fiscal year; or
(B) $300,000 for any program, project or activity for
which less than $2,000,000 is available at the beginning
of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program, project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations
of the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and
real estate deficiency judgments, unless prior approval is
received from the Committees on Appropriations of the House
of Representatives and the Senate.

H. R. 2029—165
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term transfer means any
movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of the House of
Representatives and the Senate detailing all the funds
reprogrammed between programs, projects, activities, or categories
of funding. The first quarterly report shall be submitted not later
than 60 days after the date of enactment of this Act.
SEC. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis Unit
until development by the Secretary of the Interior and the State
of California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup Program—Alternative Repayment Plan’’ and the
‘‘SJVDP—Alternative Repayment Plan’’ described in the report entitled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program
and San Joaquin Valley Drainage Program, February 1995’’, prepared by the Department of the Interior, Bureau of Reclamation.
Any future obligations of funds by the United States relating to,
or providing for, drainage service or drainage studies for the San
Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries
of such service or studies pursuant to Federal reclamation law.
SEC. 203. The Reclamation Safety of Dams Act of 1978 is
amended by—
(1) striking ‘‘Construction’’ and inserting ‘‘Except as provided in section 5B, construction’’ in section 3; and
(2) inserting after section 5A (43 U.S.C. 509a) the following:
‘‘SEC. 5B. Notwithstanding section 3, if the Secretary, in her
judgment, determines that additional project benefits, including
but not limited to additional conservation storage capacity, are
necessary and in the interests of the United States and the project
and are feasible and not inconsistent with the purposes of this
Act, the Secretary is authorized to develop additional project benefits through the construction of new or supplementary works on
a project in conjunction with the Secretary’s activities under section
2 of this Act and subject to the conditions described in the feasibility
study, provided a cost share agreement related to the additional
project benefits is reached among non-Federal and Federal funding
participants and the costs associated with developing the additional
project benefits are allocated exclusively among beneficiaries of
the additional project benefits and repaid consistent with all provisions of Federal Reclamation law (the Act of June 17, 1902, 43
U.S.C. 371 et seq.) and acts supplemental to and amendatory of
that Act.’’.
SEC. 204. Section 5 of the Reclamation Safety of Dams Act
of 1978 (43 U.S.C. 509) is amended in the first sentence—

H. R. 2029—166
(a) by inserting ‘‘and effective October 1, 2015, not to exceed
an additional $1,100,000,000 (October 1, 2003, price levels),’’ after
‘‘(October 1, 2003, price levels),’’;
(b) in the proviso—
(1) by striking ‘‘$1,250,000’’ and inserting ‘‘$20,000,000’’;
and
(2) by striking ‘‘Congress’’ and inserting ‘‘Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate’’;
and
(3) by adding at the end the following: ‘‘For modification
expenditures between $1,800,000 and $20,000,000 (October 1,
2015, price levels), the Secretary of the Interior shall, at least
30 days before the date on which the funds are expended,
submit written notice of the expenditures to the Committee
on Natural Resources of the House of Representatives and
Committee on Energy and Natural Resources of the Senate
that provides a summary of the project, the cost of the project,
and any alternatives that were considered.’’.
SEC. 205. The Secretary of the Interior, acting through the
Commissioner of Reclamation, shall—
(1) complete the feasibility studies described in clauses
(i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 108–
361 (118 Stat. 1684) and submit such studies to the appropriate
committees of the House of Representatives and the Senate
not later than December 31, 2015;
(2) complete the feasibility studies described in clauses
(i)(II) and (ii)(I) of section 103(d)(1)(A) of Public Law 108–
361 and submit such studies to the appropriate committees
of the House of Representatives and the Senate not later than
November 30, 2016;
(3) complete the feasibility study described in section
103(f)(1)(A) of Public Law 108–361 (118 Stat. 1694) and submit
such study to the appropriate committees of the House of
Representatives and the Senate not later than December 31,
2017; and
(4) provide a progress report on the status of the feasibility
studies referred to in paragraphs (1) through (3) to the appropriate committees of the House of Representatives and the
Senate not later than 90 days after the date of the enactment
of this Act and each 180 days thereafter until December 31,
2017, as applicable. The report shall include timelines for study
completion, draft environmental impact statements, final
environmental impact statements, and Records of Decision.
SEC. 206. Section 9504(e) of the Secure Water Act of 2009
(42 U.S.C. 10364(e)) is amended by striking ‘‘$300,000,000’’ and
inserting ‘‘$350,000,000’’.
SEC. 207. Title I of Public Law 108–361 (the Calfed BayDelta Authorization Act) (118 Stat. 1681), as amended by section
210 of Public Law 111–85, is amended by striking ‘‘2016’’ each
place it appears and inserting ‘‘2017’’.

H. R. 2029—167
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY EFFICIENCY

AND

RENEWABLE ENERGY

(INCLUDING TRANSFER OF FUNDS)

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $2,073,000,000,
to remain available until expended: Provided, That of such amount,
$155,000,000 shall be available until September 30, 2017, for program direction: Provided further, That of the amount provided
under this heading, the Secretary may transfer up to $45,000,000
to the Defense Production Act Fund for activities of the Department
of Energy pursuant to the Defense Production Act of 1950 (50
U.S.C. App. 2061, et seq.).
ELECTRICITY DELIVERY

AND

ENERGY RELIABILITY

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for electricity delivery and energy reliability activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$206,000,000, to remain available until expended: Provided, That
of such amount, $28,000,000 shall be available until September
30, 2017, for program direction.
NUCLEAR ENERGY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for nuclear energy activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility acquisition,
construction, or expansion, $986,161,000, to remain available until
expended: Provided, That of such amount, $80,000,000 shall be
available until September 30, 2017, for program direction including
official reception and representation expenses not to exceed $10,000.
FOSSIL ENERGY RESEARCH

AND

DEVELOPMENT

For Department of Energy expenses necessary in carrying out
fossil energy research and development activities, under the
authority of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility

H. R. 2029—168
or for plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning the
extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602,
and 1603), $632,000,000, to remain available until expended: Provided, That of such amount $114,202,000 shall be available until
September 30, 2017, for program direction.
NAVAL PETROLEUM

AND

OIL SHALE RESERVES

For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities, $17,500,000, to
remain available until expended: Provided, That notwithstanding
any other provision of law, unobligated funds remaining from prior
years shall be available for all naval petroleum and oil shale reserve
activities.
STRATEGIC PETROLEUM RESERVE
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and program
management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $212,000,000, to remain available
until expended.
NORTHEAST HOME HEATING OIL RESERVE
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $7,600,000, to remain available until expended.
ENERGY INFORMATION ADMINISTRATION
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$122,000,000, to remain available until expended.
NON-DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for non-defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $255,000,000, to
remain available until expended.
URANIUM ENRICHMENT DECONTAMINATION
FUND

AND

DECOMMISSIONING

For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and decommissioning,
remedial actions, and other activities of title II of the Atomic Energy
Act of 1954, and title X, subtitle A, of the Energy Policy Act
of 1992, $673,749,000, to be derived from the Uranium Enrichment
Decontamination and Decommissioning Fund, to remain available

H. R. 2029—169
until expended, of which $32,959,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992.
SCIENCE
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for science activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or facility or for plant or facility acquisition, construction, or expansion, and purchase of not more than 17 passenger
motor vehicles for replacement only, including one ambulance and
one bus, $5,350,200,000, to remain available until expended: Provided, That of such amount, $185,000,000 shall be available until
September 30, 2017, for program direction: Provided further, That
of such amount, not more than $115,000,000 shall be made available
for the in-kind contributions and related support activities of ITER:
Provided further, That not later than May 2, 2016, the Secretary
of Energy shall submit to the Committees on Appropriations of
both Houses of Congress a report recommending either that the
United States remain a partner in the ITER project after October
2017 or terminate participation, which shall include, as applicable,
an estimate of either the full cost, by fiscal year, of all future
Federal funding requirements for construction, operation, and
maintenance of ITER or the cost of termination.
ADVANCED RESEARCH PROJECTS AGENCY—ENERGY
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America COMPETES
Act (Public Law 110–69), $291,000,000, to remain available until
expended: Provided, That of such amount, $29,250,000 shall be
available until September 30, 2017, for program direction.
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM
Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of
2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974:
Provided, That for necessary administrative expenses to carry out
this Loan Guarantee program, $42,000,000 is appropriated, to
remain available until September 30, 2017: Provided further, That
$25,000,000 of the fees collected pursuant to section 1702(h) of
the Energy Policy Act of 2005 shall be credited as offsetting collections to this account to cover administrative expenses and shall
remain available until expended, so as to result in a final fiscal
year 2016 appropriation from the general fund estimated at not
more than $17,000,000: Provided further, That fees collected under
section 1702(h) in excess of the amount appropriated for administrative expenses shall not be available until appropriated: Provided
further, That the Department of Energy shall not subordinate any
loan obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed
Obligation to any loan or other debt obligations in violation of
section 609.10 of title 10, Code of Federal Regulations.

H. R. 2029—170
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN
PROGRAM
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles Manufacturing
Loan Program, $6,000,000, to remain available until September
30, 2017.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), $248,142,000, to remain available until September 30,
2017, including the hire of passenger motor vehicles and official
reception and representation expenses not to exceed $30,000, plus
such additional amounts as necessary to cover increases in the
estimated amount of cost of work for others notwithstanding the
provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further, That
moneys received by the Department for miscellaneous revenues
estimated to total $117,171,000 in fiscal year 2016 may be retained
and used for operating expenses within this account, as authorized
by section 201 of Public Law 95–238, notwithstanding the provisions
of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2016 appropriation
from the general fund estimated at not more than $130,971,000:
Provided further, That of the total amount made available under
this heading, $31,297,000 is for Energy Policy and Systems Analysis.
OFFICE

OF THE INSPECTOR

GENERAL

For expenses necessary for the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $46,424,000, to remain available until September 30, 2017.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense
weapons activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$8,846,948,000, to remain available until expended: Provided, That
of such amount, $97,118,000 shall be available until September
30, 2017, for program direction: Provided further, That funding
made available under this heading may be made available for
project engineering and design for the Albuquerque Complex
Project.

H. R. 2029—171
DEFENSE NUCLEAR NONPROLIFERATION
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$1,940,302,000, to remain available until expended.
NAVAL REACTORS
For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant,
and capital equipment, facilities, and facility expansion,
$1,375,496,000, to remain available until expended: Provided, That
of such amount, $42,504,000 shall be available until September
30, 2017, for program direction.
FEDERAL SALARIES

AND

EXPENSES

(INCLUDING RESCISSION OF FUNDS)

For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $383,666,000, to
remain available until September 30, 2017, including official reception and representation expenses not to exceed $12,000: Provided,
That of the unobligated balances from prior year appropriations
available under this heading, $19,900,000 is hereby rescinded: Provided further, That no amounts may be rescinded from amounts
that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense environmental
cleanup activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion, and
the purchase of not to exceed one fire apparatus pumper truck
and one armored vehicle for replacement only, $5,289,742,000, to
remain available until expended: Provided, That of such amount
$281,951,000 shall be available until September 30, 2017, for program direction.
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and

H. R. 2029—172
other expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition, construction, or expansion, $776,425,000, to remain available until
expended: Provided, That of such amount, $249,137,000 shall be
available until September 30, 2017, for program direction.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for the
Shoshone Paiute Trout Hatchery, the Spokane Tribal Hatchery,
the Snake River Sockeye Weirs and, in addition, for official reception
and representation expenses in an amount not to exceed $5,000:
Provided, That during fiscal year 2016, no new direct loan obligations may be made.
OPERATION

AND

MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION

For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant
to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
as applied to the southeastern power area, $6,900,000, including
official reception and representation expenses in an amount not
to exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944, up to $6,900,000 collected by the Southeastern
Power Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of
funding the annual expenses of the Southeastern Power Administration: Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2016 appropriation
estimated at not more than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to $66,500,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act
of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
OPERATION

AND

MAINTENANCE, SOUTHWESTERN POWER
ADMINISTRATION

For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations
and appurtenant facilities, and for administrative expenses,

H. R. 2029—173
including official reception and representation expenses in an
amount not to exceed $1,500 in carrying out section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern
Power Administration, $47,361,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up to
$35,961,000 collected by the Southwestern Power Administration
from the sale of power and related services shall be credited to
this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual
expenses of the Southwestern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall
be reduced as collections are received during the fiscal year so
as to result in a final fiscal year 2016 appropriation estimated
at not more than $11,400,000: Provided further, That notwithstanding 31 U.S.C. 3302, up to $63,000,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act
of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and
other related activities including conservation and renewable
resources programs as authorized, $307,714,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended, of which $302,000,000
shall be derived from the Department of the Interior Reclamation
Fund: Provided, That notwithstanding 31 U.S.C. 3302, section 5
of the Flood Control Act of 1944 (16 U.S.C. 825s), and section
1 of the Interior Department Appropriation Act, 1939 (43 U.S.C.
392a), up to $214,342,000 collected by the Western Area Power
Administration from the sale of power and related services shall
be credited to this account as discretionary offsetting collections,
to remain available until expended, for the sole purpose of funding
the annual expenses of the Western Area Power Administration:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2016 appropriation
estimated at not more than $93,372,000, of which $87,658,000 is
derived from the Reclamation Fund: Provided further, That notwithstanding 31 U.S.C. 3302, up to $352,813,000 collected by the
Western Area Power Administration pursuant to the Flood Control
Act of 1944 and the Reclamation Project Act of 1939 to recover
purchase power and wheeling expenses shall be credited to this
account as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling

H. R. 2029—174
expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
FALCON

AND

AMISTAD OPERATING

AND

MAINTENANCE FUND

For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $4,490,000,
to remain available until expended, and to be derived from the
Falcon and Amistad Operating and Maintenance Fund of the
Western Area Power Administration, as provided in section 2 of
the Act of June 18, 1954 (68 Stat. 255): Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. 3302, up
to $4,262,000 collected by the Western Area Power Administration
from the sale of power and related services from the Falcon and
Amistad Dams shall be credited to this account as discretionary
offsetting collections, to remain available until expended for the
sole purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal
year 2016 appropriation estimated at not more than $228,000:
Provided further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the
same year that they are incurred: Provided further, That for fiscal
year 2016, the Administrator of the Western Area Power Administration may accept up to $460,000 in funds contributed by United
States power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which contributed in like manner as if said sums had been specifically appropriated for such purpose: Provided further, That any such funds
shall be available without further appropriation and without fiscal
year limitation for use by the Commissioner of the United States
Section of the International Boundary and Water Commission for
the sole purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these Dams
in accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES

For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including services as
authorized by 5 U.S.C. 3109, official reception and representation
expenses not to exceed $3,000, and the hire of passenger motor
vehicles, $319,800,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to
exceed $319,800,000 of revenues from fees and annual charges,
and other services and collections in fiscal year 2016 shall be
retained and used for expenses necessary in this account, and
shall remain available until expended: Provided further, That the
sum herein appropriated from the general fund shall be reduced

H. R. 2029—175
as revenues are received during fiscal year 2016 so as to result
in a final fiscal year 2016 appropriation from the general fund
estimated at not more than $0.
GENERAL PROVISIONS—DEPARTMENT OF ENERGY
(INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)

SEC. 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used
to initiate or resume any program, project, or activity or to prepare
or initiate Requests For Proposals or similar arrangements
(including Requests for Quotations, Requests for Information, and
Funding Opportunity Announcements) for a program, project, or
activity if the program, project, or activity has not been funded
by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees
on Appropriations of both Houses of Congress at least 3 full business
days in advance, none of the funds made available in this title
may be used to—
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A) or (B).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of both Houses of Congress within 15 days of
the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000
provided during the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award,
the amount of the award, the fiscal year for which the funds
for the award were appropriated, the account and program, project,
or activity from which the funds are being drawn, the title of
the award, and a brief description of the activity for which the
award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made available in this title under the heading ‘‘Department of Energy—Energy
Programs’’, enter into a multiyear contract, award a multiyear
grant, or enter into a multiyear cooperative agreement unless—
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government’s obligation on
the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.

H. R. 2029—176
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified
in the ‘‘Final Bill’’ column in the ‘‘Department of Energy’’ table
included under the heading ‘‘Title III—Department of Energy’’ in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the Department shall notify the Committees on Appropriations of both Houses
of Congress at least 30 days prior to the use of any proposed
reprogramming that would cause any program, project, or activity
funding level to increase or decrease by more than $5,000,000
or 10 percent, whichever is less, during the time period covered
by this Act.
(f) None of the funds provided in this title shall be available
for obligation or expenditure through a reprogramming of funds
that—
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement
or restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days
after the date of the activity to which a requirement or restriction
would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted
such waiver.
SEC. 302. The unexpended balances of prior appropriations
provided for activities in this Act may be available to the same
appropriation accounts for such activities established pursuant to
this title. Available balances may be merged with funds in the
applicable established accounts and thereafter may be accounted
for as one fund for the same time period as originally enacted.
SEC. 303. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 3094) during fiscal year 2016 until the enactment of
the Intelligence Authorization Act for fiscal year 2016.
SEC. 304. None of the funds made available in this title shall
be used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Independent Enterprise Assessments to ensure the project is in compliance with nuclear safety
requirements.
SEC. 305. None of the funds made available in this title may
be used to approve critical decision-2 or critical decision-3 under

H. R. 2029—177
Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project
cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision.
SEC. 306. Notwithstanding section 301(c) of this Act, none
of the funds made available under the heading ‘‘Department of
Energy—Energy Programs—Science’’ in this or any subsequent
Energy and Water Development and Related Agencies appropriations Act for any fiscal year may be used for a multiyear contract,
grant, cooperative agreement, or Other Transaction Agreement of
$1,000,000 or less unless the contract, grant, cooperative agreement,
or Other Transaction Agreement is funded for the full period of
performance as anticipated at the time of award.
SEC. 307. (a) None of the funds made available in this or
any prior Act under the heading ‘‘Defense Nuclear Nonproliferation’’
may be made available to enter into new contracts with, or new
agreements for Federal assistance to, the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in subsection (a) if the Secretary determines that such activity is in
the national security interests of the United States. This waiver
authority may not be delegated.
(c) A waiver under subsection (b) shall not be effective until
15 days after the date on which the Secretary submits to the
Committees on Appropriations of both Houses of Congress, in classified form if necessary, a report on the justification for the waiver.
SEC. 308. (a) NEW REGIONAL RESERVES.—The Secretary of
Energy may not establish any new regional petroleum product
reserve unless funding for the proposed regional petroleum product
reserve is explicitly requested in advance in an annual budget
submission and approved by the Congress in an appropriations
Act.
(b) The budget request or notification shall include—
(1) the justification for the new reserve;
(2) a cost estimate for the establishment, operation, and
maintenance of the reserve, including funding sources;
(3) a detailed plan for operation of the reserve, including
the conditions upon which the products may be released;
(4) the location of the reserve; and
(5) the estimate of the total inventory of the reserve.
SEC. 309. Of the amounts made available by this Act for
‘‘National Nuclear Security Administration—Weapons Activities’’,
up to $50,000,000 may be reprogrammed within such account for
Domestic Uranium Enrichment, subject to the notice requirement
in section 301(e).
SEC. 310. (a) Unobligated balances available from appropriations are hereby rescinded from the following accounts of the
Department of Energy in the specified amounts:
(1) ‘‘Energy Programs—Energy Efficiency and Renewable
Energy’’, $1,355,149.00 from Public Law 110–161; $627,299.24 from
Public Law 111–8; and $1,824,051.94 from Public Law 111–85.
(2) ‘‘Energy Programs—Science’’, $3,200,000.00.
(b) No amounts may be rescinded by this section from amounts
that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
SEC. 311. Notwithstanding any other provision of law, the
provisions of 40 U.S.C. 11319 shall not apply to funds appropriated

H. R. 2029—178
in this title to Federally Funded Research and Development Centers
sponsored by the Department of Energy.
SEC. 312. None of the funds made available in this Act may
be used—
(1) to implement or enforce section 430.32(x) of title 10,
Code of Federal Regulations; or
(2) to implement or enforce the standards established by
the tables contained in section 325(i)(1)(B) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(i)(1)(B)) with respect
to BPAR incandescent reflector lamps, BR incandescent
reflector lamps, and ER incandescent reflector lamps.
SEC. 313. (a) Of the funds appropriated in prior Acts under
the headings ‘‘Fossil Energy Research and Development’’ and ‘‘Clean
Coal Technology’’ for prior solicitations under the Clean Coal Power
Initiative and FutureGen, not less than $160,000,000 from projects
selected under such solicitations 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 Act shall
be deobligated, if necessary, shall be utilized for previously selected
demonstration projects under such solicitations that have reached
financial close or have otherwise secured funding sufficient to construct the project prior to 30 days after the date of enactment
of this Act, and shall be allocated among such projects in proportion
to the total financial contribution by the recipients to those projects
stipulated in their respective cooperative agreements.
(b) Funds utilized pursuant to subsection (a) shall be administered in accordance with the provisions in the Act in which the
funds for those demonstration projects were originally appropriated,
except that financial assistance for costs in excess of those estimated
as of the date of award of the original financial assistance may
be provided in excess of the proportion of costs borne by the Government in the original agreement and shall not be limited to 25
percent of the original financial assistance.
(c) No amounts may be repurposed pursuant to this section
from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
(d) This section shall be fully implemented not later than
60 days after the date of enactment of this Act.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C. 14704, and for expenses necessary for the Federal Co-Chairman and the Alternate on the Appalachian Regional
Commission, for payment of the Federal share of the administrative
expenses of the Commission, including services as authorized by
5 U.S.C. 3109, and hire of passenger motor vehicles, $146,000,000,
to remain available until expended.

H. R. 2029—179
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES

For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the Atomic
Energy Act of 1954, as amended by Public Law 100–456, section
1441, $29,150,000, to remain available until September 30, 2017.
DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES

For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta Regional
Authority Act of 2000, notwithstanding sections 382C(b)(2), 382F(d),
382M, and 382N of said Act, $25,000,000, to remain available
until expended.
DENALI COMMISSION
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and capital
equipment as necessary and other expenses, $11,000,000, to remain
available until expended, notwithstanding the limitations contained
in section 306(g) of the Denali Commission Act of 1998: Provided,
That funds shall be available for construction projects in an amount
not to exceed 80 percent of total project cost for distressed communities, as defined by section 307 of the Denali Commission Act
of 1998 (division C, title III, Public Law 105–277), as amended
by section 701 of appendix D, title VII, Public Law 106–113 (113
Stat. 1501A–280), and an amount not to exceed 50 percent for
non-distressed communities.
NORTHERN BORDER REGIONAL COMMISSION
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $7,500,000, to remain available
until expended: Provided, That such amounts shall be available
for administrative expenses, notwithstanding section 15751(b) of
title 40, United States Code.
SOUTHEAST CRESCENT REGIONAL COMMISSION
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $250,000, to remain available until
expended.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES

For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $990,000,000, including official representation expenses not to exceed $25,000, to remain available
until expended: Provided, That of the amount appropriated herein,

H. R. 2029—180
not more than $7,500,000 may be made available for salaries,
travel, and other support costs for the Office of the Commission,
to remain available until September 30, 2017, of which, notwithstanding section 201(a)(2)(c) of the Energy Reorganization Act of
1974 (42 U.S.C. 5841(a)(2)(c)), the use and expenditure shall only
be approved by a majority vote of the Commission: Provided further,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $872,864,000 in fiscal year
2016 shall be retained and used for necessary salaries and expenses
in this account, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received
during fiscal year 2016 so as to result in a final fiscal year 2016
appropriation estimated at not more than $117,136,000: Provided
further, That of the amounts appropriated under this heading,
$10,000,000 shall be for university research and development in
areas relevant to their respective organization’s mission, and
$5,000,000 shall be for a Nuclear Science and Engineering Grant
Program that will support multiyear projects that do not align
with programmatic missions but are critical to maintaining the
discipline of nuclear science and engineering.
OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $12,136,000, to remain available until September 30, 2017:
Provided, That revenues from licensing fees, inspection services,
and other services and collections estimated at $10,060,000 in fiscal
year 2016 shall be retained and be available until September 30,
2017, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided
further, That the sum herein appropriated shall be reduced by
the amount of revenues received during fiscal year 2016 so as
to result in a final fiscal year 2016 appropriation estimated at
not more than $2,076,000: Provided further, That of the amounts
appropriated under this heading, $958,000 shall be for Inspector
General services for the Defense Nuclear Facilities Safety Board,
which shall not be available from fee revenues.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES

For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100–203, section 5051,
$3,600,000, to be derived from the Nuclear Waste Fund, to remain
available until September 30, 2017.
GENERAL PROVISIONS—INDEPENDENT AGENCIES
SEC. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for
information.
SEC. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall notify the

H. R. 2029—181
Committees on Appropriations of both Houses of Congress at least
30 days prior to the use of any proposed reprogramming that
would cause any program funding level to increase or decrease
by more than $500,000 or 10 percent, whichever is less, during
the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in (a) if compliance with such requirement
would pose a substantial risk to human health, the environment,
welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of any
waiver under paragraph (1) as soon as practicable, but not later
than 3 days after the date of the activity to which a requirement
or restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under paragraph
(1) that permitted such waiver and shall provide a detailed report
to the Committees of such waiver and changes to funding levels
to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ‘‘Nuclear Regulatory
Commission—Salaries and Expenses’’ shall be expended as directed
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through
a reprogramming of funds that increases funds or personnel for
any program, project, or activity for which funds are denied or
restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress, which
includes the following for each program, project, or activity,
including any prior year appropriations—
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
SEC. 403. Public Law 105–277, division A, section 101(g) (title
III, section 329(a), (b)) is amended by inserting, in subsection (b),
after ‘‘State law’’ and before the period the following: ‘‘or for the
construction and repair of barge mooring points and barge landing
sites to facilitate pumping fuel from fuel transport barges into
bulk fuel storage tanks.’’.
TITLE V
GENERAL PROVISIONS
SEC. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
SEC. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant
to a transfer made by or transfer authority provided in this Act
or any other appropriations Act for any fiscal year, transfer

H. R. 2029—182
authority referenced in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government may
be transferred to accounts funded in title III of this Act, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal year,
transfer authority referenced in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide
goods or services to another department, agency, or instrumentality.
(c) The head of any relevant department or agency funded
in this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any
authority whereby a department, agency, or instrumentality of the
United States Government may provide goods or services to another
department, agency, or instrumentality, used in the previous 6
months and in the year-to-date. This report shall include the
amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority.
SEC. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of February
11, 1994 (Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations).
This division may be cited as the ‘‘Energy and Water Development and Related Agencies Appropriations Act, 2016’’.
DIVISION E—FINANCIAL SERVICES AND GENERAL
GOVERNMENT APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES

For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex;
hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies
for, real properties leased or owned overseas, when necessary for
the performance of official business; executive direction program
activities; international affairs and economic policy activities;
domestic finance and tax policy activities, including technical assistance to Puerto Rico; and Treasury-wide management policies and
programs activities, $222,500,000: Provided, That of the amount
appropriated under this heading—
(1) not to exceed $350,000 is for official reception and
representation expenses;

H. R. 2029—183
(2) not to exceed $258,000 is for unforeseen emergencies
of a confidential nature to be allocated and expended under
the direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary’s certificate; and
(3) not to exceed $22,200,000 shall remain available until
September 30, 2017, for—
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund; and
(D) the development and implementation of programs
within the Office of Critical Infrastructure Protection and
Compliance Policy, including entering into cooperative
agreements.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES

For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system against
illicit use and to combat rogue nations, terrorist facilitators,
weapons of mass destruction proliferators, money launderers, drug
kingpins, and other national security threats, $117,000,000: Provided, That of the amount appropriated under this heading: (1)
not to exceed $27,100,000 is available for administrative expenses;
and (2) $5,000,000, to remain available until September 30, 2017.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations
to buildings owned by the Department of the Treasury, $5,000,000,
to remain available until September 30, 2018: Provided, That these
funds shall be transferred to accounts and in amounts as necessary
to satisfy the requirements of the Department’s offices, bureaus,
and other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided in this Act: Provided further, That none of the funds appropriated under this heading shall be used to support or supplement
‘‘Internal Revenue Service, Operations Support’’ or ‘‘Internal Revenue Service, Business Systems Modernization’’.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$35,416,000, including hire of passenger motor vehicles; of which
not to exceed $100,000 shall be available for unforeseen emergencies
of a confidential nature, to be allocated and expended under the
direction of the Inspector General of the Treasury; of which up
to $2,800,000 to remain available until September 30, 2017, shall

H. R. 2029—184
be for audits and investigations conducted pursuant to section 1608
of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012
(33 U.S.C. 1321 note); and of which not to exceed $1,000 shall
be available for official reception and representation expenses.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES

For necessary expenses of the Treasury Inspector General for
Tax Administration in carrying out the Inspector General Act of
1978, as amended, including purchase and hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and services authorized by 5 U.S.C.
3109, at such rates as may be determined by the Inspector General
for Tax Administration; $167,275,000, of which $5,000,000 shall
remain available until September 30, 2017; of which not to exceed
$6,000,000 shall be available for official travel expenses; of which
not to exceed $500,000 shall be available for unforeseen emergencies
of a confidential nature, to be allocated and expended under the
direction of the Inspector General for Tax Administration; and
of which not to exceed $1,500 shall be available for official reception
and representation expenses.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF
PROGRAM
SALARIES AND EXPENSES

For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110–343), $40,671,000.
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES

For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel and
training expenses of non-Federal and foreign government personnel
to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial
regulation; services authorized by 5 U.S.C. 3109; not to exceed
$10,000 for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or without
reimbursement, $112,979,000, of which not to exceed $34,335,000
shall remain available until September 30, 2018.
TREASURY FORFEITURE FUND
(RESCISSION)

Of the unobligated balances available under this heading,
$700,000,000 are rescinded.

H. R. 2029—185
BUREAU

OF THE

FISCAL SERVICE

SALARIES AND EXPENSES

For necessary expenses of operations of the Bureau of the
Fiscal Service, $363,850,000; of which not to exceed $4,210,000,
to remain available until September 30, 2018, is for information
systems modernization initiatives; of which $5,000 shall be available
for official reception and representation expenses; and of which
not to exceed $19,800,000, to remain available until September
30, 2018, is to support the Department’s activities related to
implementation of the Digital Accountability and Transparency Act
(DATA Act; Public Law 113–101), including changes in business
processes, workforce, or information technology to support high
quality, transparent Federal spending information.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses
for financial management of the Fund, as authorized by section
1012 of Public Law 101–380.
ALCOHOL

AND

TOBACCO TAX

AND

TRADE BUREAU

SALARIES AND EXPENSES

For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger motor
vehicles, $106,439,000; of which not to exceed $6,000 for official
reception and representation expenses; not to exceed $50,000 for
cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement: Provided, That of the amount
appropriated under this heading, $5,000,000 shall be for the costs
of accelerating the processing of formula and label applications.
UNITED STATES MINT
UNITED STATES MINT PUBLIC ENTERPRISE FUND

Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States
Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services,
including both operating expenses and capital investments: Provided, That the aggregate amount of new liabilities and obligations
incurred during fiscal year 2016 under such section 5136 for circulating coinage and protective service capital investments of the
United States Mint shall not exceed $20,000,000.
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND
PROGRAM ACCOUNT
To carry out the Riegle Community Development and Regulatory Improvements Act of 1994 (subtitle A of title I of Public
Law 103–325), including services authorized by section 3109 of
title 5, United States Code, but at rates for individuals not to
exceed the per diem rate equivalent to the rate for EX–3,
$233,523,000. Of the amount appropriated under this heading—

H. R. 2029—186
(1) not less than $153,423,000, notwithstanding section
108(e) of Public Law 103–325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2017, for financial assistance and technical assistance under
subparagraphs (A) and (B) of section 108(a)(1), respectively,
of Public Law 103–325 (12 U.S.C. 4707(a)(1)(A) and (B)), of
which up to $3,102,500 may be used for the cost of direct
loans: Provided, That the cost of direct and guaranteed loans,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed
$25,000,000;
(2) not less than $15,500,000, notwithstanding section
108(e) of Public Law 103–325 (12 U.S.C. 4707(e)), is available
until September 30, 2017, for financial assistance, technical
assistance, training and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaskan Native
communities and provided primarily through qualified community development lender organizations with experience and
expertise in community development banking and lending in
Indian country, Native American organizations, tribes and
tribal organizations, and other suitable providers;
(3) not less than $19,000,000 is available until September
30, 2017, for the Bank Enterprise Award program;
(4) not less than $22,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103–325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2017, for
a Healthy Food Financing Initiative to provide financial assistance, technical assistance, training, and outreach to community
development financial institutions for the purpose of offering
affordable financing and technical assistance to expand the
availability of healthy food options in distressed communities;
(5) up to $23,600,000 is available until September 30, 2016,
for administrative expenses, including administration of CDFI
fund programs and the New Markets Tax Credit Program,
of which not less than $1,000,000 is for capacity building to
expand CDFI investments in underserved rural areas, and
up to $300,000 is for administrative expenses to carry out
the direct loan program; and
(6) during fiscal year 2016, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of commitments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That commitments to guarantee bonds and notes under such section 114A
shall not exceed $750,000,000: Provided further, That such
section 114A shall remain in effect until September 30, 2016.

H. R. 2029—187
INTERNAL REVENUE SERVICE
TAXPAYER SERVICES

For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and
other services as authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Commissioner, $2,156,554,000, of which
not less than $6,500,000 shall be for the Tax Counseling for the
Elderly Program, of which not less than $12,000,000 shall be available for low-income taxpayer clinic grants, and of which not less
than $15,000,000, to remain available until September 30, 2017,
shall be available for a Community Volunteer Income Tax Assistance matching grants program for tax return preparation assistance, of which not less than $206,000,000 shall be available for
operating expenses of the Taxpayer Advocate Service: Provided,
That of the amounts made available for the Taxpayer Advocate
Service, not less than $5,000,000 shall be for identity theft casework.
ENFORCEMENT

For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal
revenue laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner, $4,860,000,000, of which not
to exceed $50,000,000 shall remain available until September 30,
2017, and of which not less than $60,257,000 shall be for the
Interagency Crime and Drug Enforcement program.
OPERATIONS SUPPORT

For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including rent
payments; facilities services; printing; postage; physical security;
headquarters and other IRS-wide administration activities; research
and statistics of income; telecommunications; information technology development, enhancement, operations, maintenance, and
security; the hire of passenger motor vehicles (31 U.S.C. 1343(b));
the operations of the Internal Revenue Service Oversight Board;
and other services as authorized by 5 U.S.C. 3109, at such rates
as may be determined by the Commissioner; $3,638,446,000, of
which not to exceed $50,000,000 shall remain available until September 30, 2017; of which not to exceed $10,000,000 shall remain
available until expended for acquisition of equipment and construction, repair and renovation of facilities; of which not to exceed
$1,000,000 shall remain available until September 30, 2018, for
research; of which not to exceed $20,000 shall be for official reception and representation expenses: Provided, That not later than
30 days after the end of each quarter, the Internal Revenue Service
shall submit a report to the Committees on Appropriations of the
House of Representatives and the Senate and the Comptroller General of the United States detailing the cost and schedule performance for its major information technology investments, including

H. R. 2029—188
the purpose and life-cycle stages of the investments; the reasons
for any cost and schedule variances; the risks of such investments
and strategies the Internal Revenue Service is using to mitigate
such risks; and the expected developmental milestones to be
achieved and costs to be incurred in the next quarter: Provided
further, That the Internal Revenue Service shall include, in its
budget justification for fiscal year 2017, a summary of cost and
schedule performance information for its major information technology systems.
BUSINESS SYSTEMS MODERNIZATION

For necessary expenses of the Internal Revenue Service’s business systems modernization program, $290,000,000, to remain available until September 30, 2018, for the capital asset acquisition
of information technology systems, including management and
related contractual costs of said acquisitions, including related
Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided, That
not later than 30 days after the end of each quarter, the Internal
Revenue Service shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate and
the Comptroller General of the United States detailing the cost
and schedule performance for CADE 2 and Modernized e-File
information technology investments, including the purposes and
life-cycle stages of the investments; the reasons for any cost and
schedule variances; the risks of such investments and the strategies
the Internal Revenue Service is using to mitigate such risks; and
the expected developmental milestones to be achieved and costs
to be incurred in the next quarter.
ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)

SEC. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred to any other Internal Revenue Service appropriation upon
the advance approval of the Committees on Appropriations.
SEC. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following topics:
taxpayers’ rights, dealing courteously with taxpayers, cross-cultural
relations, ethics, and the impartial application of tax law.
SEC. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the confidentiality of taxpayer information and protect taxpayers against
identity theft.
SEC. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved facilities and increased staffing to provide sufficient and effective 1–
800 help line service for taxpayers. The Commissioner shall continue to make improvements to the Internal Revenue Service 1–
800 help line service a priority and allocate resources necessary
to enhance the response time to taxpayer communications, particularly with regard to victims of tax-related crimes.
SEC. 105. None of the funds made available to the Internal
Revenue Service by this Act may be used to make a video unless
the Service-Wide Video Editorial Board determines in advance that

H. R. 2029—189
making the video is appropriate, taking into account the cost, topic,
tone, and purpose of the video.
SEC. 106. The Internal Revenue Service shall issue a notice
of confirmation of any address change relating to an employer
making employment tax payments, and such notice shall be sent
to both the employer’s former and new address and an officer
or employee of the Internal Revenue Service shall 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. None of the funds made available under this Act
may be used by the Internal Revenue Service to target citizens
of the United States for exercising any right guaranteed under
the First Amendment to the Constitution of the United States.
SEC. 108. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for regulatory scrutiny based on their ideological beliefs.
SEC. 109. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on conferences that do not adhere to the procedures, verification processes,
documentation requirements, and policies issued by the Chief
Financial Officer, Human Capital Office, and Agency-Wide Shared
Services as a result of the recommendations in the report published
on May 31, 2013, by the Treasury Inspector General for Tax
Administration entitled ‘‘Review of the August 2010 Small Business/
Self-Employed Division’s Conference in Anaheim, California’’ (Reference Number 2013–10–037).
SEC. 110. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended—
(1) to make a payment to any employee under a bonus,
award, or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee,
unless such program or process takes into account the conduct
and Federal tax compliance of such employee or former employee.
SEC. 111. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal Revenue
Code of 1986 (relating to confidentiality and disclosure of returns
and return information).
SEC. 112. Except to the extent provided in section 6014, 6020,
or 6201(d) of the Internal Revenue Code of 1986, no funds in
this or any other Act shall be available to the Secretary of the
Treasury to provide to any person a proposed final return or statement for use by such person to satisfy a filing or reporting requirement under such Code.
SEC. 113. In addition to the amounts otherwise made available
in this Act for the Internal Revenue Service, $290,000,000, to be
available until September 30, 2017, shall be transferred by the
Commissioner to the ‘‘Taxpayer Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ accounts of the Internal Revenue Service for an
additional amount to be used solely 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: Provided, That such funds shall supplement, not supplant
any other amounts made available by the Internal Revenue Service
for such purpose: Provided further, That such funds shall not be
available until the Commissioner submits to the Committees on

H. R. 2029—190
Appropriations of the House of Representatives and the Senate
a spending plan for such funds: Provided further, That such funds
shall not be used to support any provision of Public Law 111–
148, Public Law 111–152, or any amendment made by either such
Public Law.
ADMINISTRATIVE PROVISIONS—DEPARTMENT

OF THE

TREASURY

(INCLUDING TRANSFERS OF FUNDS)

SEC. 114. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning; purchase of insurance for official motor
vehicles operated in foreign countries; purchase of motor vehicles
without regard to the general purchase price limitations for vehicles
purchased and used overseas for the current fiscal year; entering
into contracts with the Department of State for the furnishing
of health and medical services to employees and their dependents
serving in foreign countries; and services authorized by 5 U.S.C.
3109.
SEC. 115. Not to exceed 2 percent of any appropriations in
this title made available under the headings ‘‘Departmental
Offices—Salaries and Expenses’’, ‘‘Office of Inspector General’’, ‘‘Special Inspector General for the Troubled Asset Relief Program’’,
‘‘Financial Crimes Enforcement Network’’, ‘‘Bureau of the Fiscal
Service’’, and ‘‘Alcohol and Tobacco Tax and Trade Bureau’’ may
be transferred between such appropriations upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That, upon advance
approval of such Committees, not to exceed 2 percent of any such
appropriations may be transferred to the ‘‘Office of Terrorism and
Financial Intelligence’’: Provided further, That no transfer under
this section may increase or decrease any such appropriation by
more than 2 percent.
SEC. 116. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
SEC. 117. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau
of Engraving and Printing may be used to redesign the $1 Federal
Reserve note.
SEC. 118. The Secretary of the Treasury may transfer funds
from the ‘‘Bureau of the Fiscal Service-Salaries and Expenses’’
to the Debt Collection Fund as necessary to cover the costs of
debt collection: Provided, That such amounts shall be reimbursed
to such salaries and expenses account from debt collections received
in the Debt Collection Fund.
SEC. 119. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the explicit
approval of the Committees on Appropriations of the House of
Representatives and the Senate, the House Committee on Financial

H. R. 2029—191
Services, and the Senate Committee on Banking, Housing, and
Urban Affairs.
SEC. 120. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used to
consolidate any or all functions of the Bureau of Engraving and
Printing and the United States Mint without the explicit approval
of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Representatives and the
Senate.
SEC. 121. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for the Department of the
Treasury’s intelligence or intelligence related activities are deemed
to be specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414) during
fiscal year 2016 until the enactment of the Intelligence Authorization Act for Fiscal Year 2016.
SEC. 122. Not to exceed $5,000 shall be made available from
the Bureau of Engraving and Printing’s Industrial Revolving Fund
for necessary official reception and representation expenses.
SEC. 123. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the Senate
and the House of Representatives not later than 30 days following
the submission of the annual budget submitted by the President:
Provided, That such Capital Investment Plan shall include capital
investment spending from all accounts within the Department of
the Treasury, including but not limited to the Department-wide
Systems and Capital Investment Programs account, Treasury Franchise Fund account, and the Treasury Forfeiture Fund account:
Provided further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each capital
investment project that has not been fully completed.
SEC. 124. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of Financial
Research shall submit reports on their activities to the Committees
on Appropriations of the House of Representatives and the Senate,
the Committee on Financial Services of the House of Representatives and the Senate Committee on Banking, Housing, and Urban
Affairs.
(b) The reports required under subsection (a) shall include—
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the fiscal
year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection (a), the Office of Financial Stability and the Office of Financial Research shall make officials available to testify on the contents
of the reports required under subsection (a).

H. R. 2029—192
SEC. 125. Within 45 days after the date of enactment of this
Act, the Secretary of the Treasury shall submit an itemized report
to the Committees on Appropriations of the House of Representatives and the Senate on the amount of total funds charged to
each office by the Franchise Fund including the amount charged
for each service provided by the Franchise Fund to each office,
a detailed description of the services, a detailed explanation of
how each charge for each service is calculated, and a description
of the role customers have in governing in the Franchise Fund.
SEC. 126. The Secretary of the Treasury, in consultation with
the appropriate agencies, departments, bureaus, and commissions
that have expertise in terrorism and complex financial instruments,
shall provide a report to the Committees on Appropriations of
the House of Representatives and Senate, the Committee on Financial Services of the House of Representatives, and the Committee
on Banking, Housing, and Urban Affairs of the Senate not later
than 90 days after the date of enactment of this Act on economic
warfare and financial terrorism.
SEC. 127. During fiscal year 2016—
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to
a particular taxpayer relating to the standard which is used
to determine whether an organization is operated exclusively
for the promotion of social welfare for purposes of section
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535
(November 29, 2013)); and
(2) the standard and definitions as in effect on January
1, 2010, which are used to make such determinations shall
apply after the date of the enactment of this Act for purposes
of determining status under section 501(c)(4) of such Code
of organizations created on, before, or after such date.
This title may be cited as the ‘‘Department of the Treasury
Appropriations Act, 2016’’.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
THE WHITE HOUSE
SALARIES AND EXPENSES

For necessary expenses for the White House as authorized
by law, including not to exceed $3,850,000 for services as authorized
by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted
for as provided in that section; hire of passenger motor vehicles,
and travel (not to exceed $100,000 to be expended and accounted
for as provided by 3 U.S.C. 103); and not to exceed $19,000 for
official reception and representation expenses, to be available for
allocation within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$55,000,000.

H. R. 2029—193
EXECUTIVE RESIDENCE

AT THE

WHITE HOUSE

OPERATING EXPENSES

For necessary expenses of the Executive Residence at the White
House, $12,723,000, to be expended and accounted for as provided
by 3 U.S.C. 105, 109, 110, and 112–114.
REIMBURSABLE EXPENSES

For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this paragraph:
Provided further, That, notwithstanding any other provision of law,
such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and
to receive offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person sponsoring
a reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance payments
shall be credited to this account and remain available until
expended: Provided further, That the Executive Residence shall
require the national committee of the political party of the President
to maintain on deposit $25,000, to be separately accounted for
and available for expenses relating to reimbursable political events
sponsored by such committee during such fiscal year: Provided
further, That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating expense
under this paragraph is submitted to the person owing such amount
within 60 days after such expense is incurred, and that such amount
is collected within 30 days after the submission of such notice:
Provided further, That the Executive Residence shall charge interest
and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding debt
on a United States Government claim under 31 U.S.C. 3717: Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Treasury as miscellaneous receipts: Provided further, That the
Executive Residence shall prepare and submit to the Committees
on Appropriations, by not later than 90 days after the end of
the fiscal year covered by this Act, a report setting forth the
reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such
expenses, the amount of such total that consists of reimbursable
official and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each such
amount that has been reimbursed as of the date of the report:
Provided further, That the Executive Residence shall maintain a
system for the tracking of expenses related to reimbursable events
within the Executive Residence that includes a standard for the
classification of any such expense as political or nonpolitical: Provided further, That no provision of this paragraph may be construed
to exempt the Executive Residence from any other applicable
requirement of subchapter I or II of chapter 37 of title 31, United
States Code.

H. R. 2029—194
WHITE HOUSE REPAIR

AND

RESTORATION

For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d),
$750,000, to remain available until expended, for required maintenance, resolution of safety and health issues, and continued
preventative maintenance.
COUNCIL

OF

ECONOMIC ADVISERS

SALARIES AND EXPENSES

For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of 1946
(15 U.S.C. 1021 et seq.), $4,195,000.
NATIONAL SECURITY COUNCIL

AND

HOMELAND SECURITY COUNCIL

SALARIES AND EXPENSES

For necessary expenses of the National Security Council and
the Homeland Security Council, including services as authorized
by 5 U.S.C. 3109, $12,800,000.
OFFICE

OF

ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $96,116,000, of which
not to exceed $7,994,000 shall remain available until expended
for continued modernization of information resources within the
Executive Office of the President.
OFFICE

OF

MANAGEMENT

AND

BUDGET

SALARIES AND EXPENSES

For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109, to carry out the provisions of
chapter 35 of title 44, United States Code, and to prepare and
submit the budget of the United States Government, in accordance
with section 1105(a) of title 31, United States Code, $95,000,000,
of which not to exceed $3,000 shall be available for official representation expenses: Provided, That none of the funds appropriated
in this Act for the Office of Management and Budget may be
used for the purpose of reviewing any agricultural marketing orders
or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):
Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended
for the altering of the transcript of actual testimony of witnesses,
except for testimony of officials of the Office of Management and
Budget, before the Committees on Appropriations or their subcommittees: Provided further, That of the funds made available
for the Office of Management and Budget by this Act, no less

H. R. 2029—195
than one full-time equivalent senior staff position shall be dedicated
solely to the Office of the Intellectual Property Enforcement Coordinator: Provided further, That none of the funds provided in this
or prior Acts shall be used, directly or indirectly, by the Office
of Management and Budget, for evaluating or determining if water
resource project or study reports submitted by the Chief of Engineers acting through the Secretary of the Army are in compliance
with all applicable laws, regulations, and requirements relevant
to the Civil Works water resource planning process: Provided further, That the Office of Management and Budget shall have not
more than 60 days in which to perform budgetary policy reviews
of water resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office of
Management and Budget shall notify the appropriate authorizing
and appropriating committees when the 60-day review is initiated:
Provided further, That if water resource reports have not been
transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and Budget review period based on the notification from
the Director, Congress shall assume Office of Management and
Budget concurrence with the report and act accordingly.
OFFICE

OF

NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES

For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National
Drug Control Policy Reauthorization Act of 2006 (Public Law 109–
469); not to exceed $10,000 for official reception and representation
expenses; and for participation in joint projects or in the provision
of services on matters of mutual interest with nonprofit, research,
or public organizations or agencies, with or without reimbursement,
$20,047,000: Provided, That the Office is authorized to accept, hold,
administer, and utilize gifts, both real and personal, public and
private, without fiscal year limitation, for the purpose of aiding
or facilitating the work of the Office.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of National Drug Control
Policy’s High Intensity Drug Trafficking Areas Program,
$250,000,000, to remain available until September 30, 2017, for
drug control activities consistent with the approved strategy for
each of the designated High Intensity Drug Trafficking Areas
(‘‘HIDTAs’’), of which not less than 51 percent shall be transferred
to State and local entities for drug control activities and shall
be obligated not later than 120 days after enactment of this Act:
Provided, That up to 49 percent may be transferred to Federal
agencies and departments in amounts determined by the Director
of the Office of National Drug Control Policy, of which up to
$2,700,000 may be used for auditing services and associated activities: Provided further, That, notwithstanding the requirements of
Public Law 106–58, any unexpended funds obligated prior to fiscal

H. R. 2029—196
year 2014 may be used for any other approved activities of that
HIDTA, subject to reprogramming requirements: Provided further,
That each HIDTA designated as of September 30, 2015, shall be
funded at not less than the fiscal year 2015 base level, unless
the Director submits to the Committees on Appropriations of the
House of Representatives and the Senate justification for changes
to those levels based on clearly articulated priorities and published
Office of National Drug Control Policy performance measures of
effectiveness: Provided further, That the Director shall notify the
Committees on Appropriations of the initial allocation of fiscal
year 2016 funding among HIDTAs not later than 45 days after
enactment of this Act, and shall notify the Committees of planned
uses of discretionary HIDTA funding, as determined in consultation
with the HIDTA Directors, not later than 90 days after enactment
of this Act: Provided further, That upon a determination that all
or part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein and upon notification
to the Committees on Appropriations of the House of Representatives and the Senate, such amounts may be transferred back to
this appropriation.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)

For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public
Law 109–469), $109,810,000, to remain available until expended,
which shall be available as follows: $95,000,000 for the Drug-Free
Communities Program, of which $2,000,000 shall be made available
as directed by section 4 of Public Law 107–82, as amended by
Public Law 109–469 (21 U.S.C. 1521 note); $2,000,000 for drug
court training and technical assistance; $9,500,000 for anti-doping
activities; $2,060,000 for the United States membership dues to
the World Anti-Doping Agency; and $1,250,000 shall be made available as directed by section 1105 of Public Law 109–469: Provided,
That amounts made available under this heading may be transferred to other Federal departments and agencies to carry out
such activities.
UNANTICIPATED NEEDS
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the
current fiscal year, as authorized by 3 U.S.C. 108, $800,000, to
remain available until September 30, 2017.
INFORMATION TECHNOLOGY OVERSIGHT

AND

REFORM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the furtherance of integrated, efficient, secure, and effective uses of information technology in the
Federal Government, $30,000,000, to remain available until
expended: Provided, That the Director of the Office of Management
and Budget may transfer these funds to one or more other agencies
to carry out projects to meet these purposes.

H. R. 2029—197
SPECIAL ASSISTANCE

TO THE

PRESIDENT

SALARIES AND EXPENSES

For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
106, including subsistence expenses as authorized by 3 U.S.C. 106,
which shall be expended and accounted for as provided in that
section; and hire of passenger motor vehicles, $4,228,000.
OFFICIAL RESIDENCE

OF THE

VICE PRESIDENT

OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $299,000: Provided, That
advances, repayments, or transfers from this appropriation may
be made to any department or agency for expenses of carrying
out such activities.
ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE
PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT
(INCLUDING TRANSFER OF FUNDS)

SEC. 201. From funds made available in this Act under the
headings ‘‘The White House’’, ‘‘Executive Residence at the White
House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National Security Council and Homeland Security
Council’’, ‘‘Office of Administration’’, ‘‘Special Assistance to the
President’’, and ‘‘Official Residence of the Vice President’’, the
Director of the Office of Management and Budget (or such other
officer as the President may designate in writing), may, with
advance approval of the Committees on Appropriations of the House
of Representatives and the Senate, transfer not to exceed 10 percent
of any such appropriation to any other such appropriation, to be
merged with and available for the same time and for the same
purposes as the appropriation to which transferred: Provided, That
the amount of an appropriation shall not be increased by more
than 50 percent by such transfers: Provided further, That no amount
shall be transferred from ‘‘Special Assistance to the President’’
or ‘‘Official Residence of the Vice President’’ without the approval
of the Vice President.
SEC. 202. Within 90 days after the date of enactment of this
section, the Director of the Office of Management and Budget shall
submit a report to the Committees on Appropriations of the House
of Representatives and the Senate on the costs of implementing
the Dodd-Frank Wall Street Reform and Consumer Protection Act
(Public Law 111–203). Such report shall include—
(1) the estimated mandatory and discretionary obligations
of funds through fiscal year 2018, by Federal agency and by
fiscal year, including—

H. R. 2029—198
(A) the estimated obligations by cost inputs such as
rent, information technology, contracts, and personnel;
(B) the methodology and data sources used to calculate
such estimated obligations; and
(C) the specific section of such Act that requires the
obligation of funds; and
(2) the estimated receipts through fiscal year 2018 from
assessments, user fees, and other fees by the Federal agency
making the collections, by fiscal year, including—
(A) the methodology and data sources used to calculate
such estimated collections; and
(B) the specific section of such Act that authorizes
the collection of funds.
SEC. 203. (a) During fiscal year 2016, any Executive order
or Presidential memorandum issued by the President shall be
accompanied by a written statement from the Director of the Office
of Management and Budget on the budgetary impact, including
costs, benefits, and revenues, of such order or memorandum.
(b) Any such statement shall include—
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal year period
beginning in fiscal year 2016; and
(3) the impact on revenues of the Federal Government
as the result of such order or memorandum over the 5-fiscalyear period beginning in fiscal year 2016.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2016 due to a national emergency, the Director
of the Office of Management and Budget may issue the statement
required by subsection (a) not later than 15 days after the date
that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential memoranda shall only apply for Presidential memoranda estimated to
have a regulatory cost in excess of $100,000,000.
This title may be cited as the ‘‘Executive Office of the President
Appropriations Act, 2016’’.
TITLE III
THE JUDICIARY
SUPREME COURT

OF THE

UNITED STATES

SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court,
as required by law, excluding care of the building and grounds,
including hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344; not to exceed $10,000 for official reception
and representation expenses; and for miscellaneous expenses, to
be expended as the Chief Justice may approve, $75,838,000, of
which $2,000,000 shall remain available until expended.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief justice and
associate justices of the court.

H. R. 2029—199
CARE OF THE BUILDING AND GROUNDS

For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $9,964,000, to remain
available until expended.
UNITED STATES COURT

OF

APPEALS

FOR THE

FEDERAL CIRCUIT

SALARIES AND EXPENSES

For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $30,872,000.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and
judges of the court.
UNITED STATES COURT

OF INTERNATIONAL

TRADE

SALARIES AND EXPENSES

For salaries of officers and employees of the court, services,
and necessary expenses of the court, as authorized by law,
$18,160,000.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and
judges of the court.
COURTS

OF

APPEALS, DISTRICT COURTS,
SERVICES

AND

OTHER JUDICIAL

SALARIES AND EXPENSES

For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees
of the Federal Judiciary not otherwise specifically provided for,
necessary expenses of the courts, and the purchase, rental, repair,
and cleaning of uniforms for Probation and Pretrial Services Office
staff, as authorized by law, $4,918,969,000 (including the purchase
of firearms and ammunition); of which not to exceed $27,817,000
shall remain available until expended for space alteration projects
and for furniture and furnishings related to new space alteration
and construction projects.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of circuit and district
judges (including judges of the territorial courts of the United
States), bankruptcy judges, and justices and judges retired from
office or from regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed
$6,050,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.
DEFENDER SERVICES

For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed

H. R. 2029—200
to represent persons under 18 U.S.C. 3006A and 3599, and for
the compensation and reimbursement of expenses of persons furnishing investigative, expert, and other services for such representations as authorized by law; the compensation (in accordance with
the maximums under 18 U.S.C. 3006A) and reimbursement of
expenses of attorneys appointed to assist the court in criminal
cases where the defendant has waived representation by counsel;
the compensation and reimbursement of expenses of attorneys
appointed to represent jurors in civil actions for the protection
of their employment, as authorized by 28 U.S.C. 1875(d)(1); the
compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain
judicial civil forfeiture proceedings; the compensation and
reimbursement of travel expenses of guardians ad litem appointed
under 18 U.S.C. 4100(b); and for necessary training and general
administrative expenses, $1,004,949,000, to remain available until
expended.
FEES OF JURORS AND COMMISSIONERS

For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71.1(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)),
$44,199,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the daily
equivalent of the highest rate payable under 5 U.S.C. 5332.
COURT SECURITY
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses, not otherwise provided for, incident
to the provision of protective guard services for United States
courthouses and other facilities housing Federal court operations,
and the procurement, installation, and maintenance of security
systems and equipment for United States courthouses and other
facilities housing Federal court operations, including building
ingress-egress control, inspection of mail and packages, directed
security patrols, perimeter security, basic security services provided
by the Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access
to Justice Act (Public Law 100–702), $538,196,000, of which not
to exceed $15,000,000 shall remain available until expended, to
be expended directly or transferred to the United States Marshals
Service, which shall be responsible for administering the Judicial
Facility Security Program consistent with standards or guidelines
agreed to by the Director of the Administrative Office of the United
States Courts and the Attorney General.
ADMINISTRATIVE OFFICE

OF THE

UNITED STATES COURTS

SALARIES AND EXPENSES

For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle

H. R. 2029—201
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $85,665,000, of which not to
exceed $8,500 is authorized for official reception and representation
expenses.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES

For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90–219, $27,719,000; of which $1,800,000
shall remain available through September 30, 2017, to provide
education and training to Federal court personnel; and of which
not to exceed $1,500 is authorized for official reception and representation expenses.
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $17,570,000,
of which not to exceed $1,000 is authorized for official reception
and representation expenses.
ADMINISTRATIVE PROVISIONS—THE JUDICIARY
(INCLUDING TRANSFER OF FUNDS)

SEC. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available
for services as authorized by 5 U.S.C. 3109.
SEC. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act
may be transferred between such appropriations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and Other
Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and
Commissioners’’, shall be increased by more than 10 percent by
any such transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under sections
604 and 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in section 608.
SEC. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ‘‘Courts of Appeals, District
Courts, and Other Judicial Services’’ shall be available for official
reception and representation expenses of the Judicial Conference
of the United States: Provided, That such available funds shall
not exceed $11,000 and shall be administered by the Director of
the Administrative Office of the United States Courts in the capacity
as Secretary of the Judicial Conference.
SEC. 304. Section 3314(a) of title 40, United States Code, shall
be applied by substituting ‘‘Federal’’ for ‘‘executive’’ each place it
appears.
SEC. 305. In accordance with 28 U.S.C. 561–569, and notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may

H. R. 2029—202
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department
of Homeland Security to provide, except for the services specified
in 40 U.S.C. 1315(b)(2)(E). For building-specific security services
at these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland Security.
SEC. 306. (a) Section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101–650; 28 U.S.C. 133 note), is amended
in the second sentence (relating to the District of Kansas) following
paragraph (12), by striking ‘‘24 years and 6 months’’ and inserting
‘‘25 years and 6 months’’.
(b) Section 406 of the Transportation, Treasury, Housing and
Urban Development, the Judiciary, the District of Columbia, and
Independent Agencies Appropriations Act, 2006 (Public Law 109–
115; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the second
sentence (relating to the eastern District of Missouri) by striking
‘‘22 years and 6 months’’ and inserting ‘‘23 years and 6 months’’.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107–273; 28 U.S.C.
133 note), is amended—
(1) in the first sentence by striking ‘‘13 years’’ and inserting
‘‘14 years’’;
(2) in the second sentence (relating to the central District
of California), by striking ‘‘12 years and 6 months’’ and inserting
‘‘13 years and 6 months’’; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ‘‘11 years’’ and inserting ‘‘12
years’’.
SEC. 307. Section 3602(a) of title 18, United States Code, is
amended—
(1) by inserting after the first sentence: ‘‘A person appointed
as a probation officer in one district may serve in another
district with the consent of the appointing court and the court
in the other district.’’; and
(2) by inserting in the last sentence ‘‘appointing’’ before
‘‘court may, for cause’’.
This title may be cited as the ‘‘Judiciary Appropriations Act,
2016’’.
TITLE IV
DISTRICT OF COLUMBIA
FEDERAL FUNDS
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $40,000,000, to remain available until expended:
Provided, That such funds, including any interest accrued thereon,
may be used on behalf of eligible District of Columbia residents
to pay an amount based upon the difference between in-State and
out-of-State tuition at public institutions of higher education, or

H. R. 2029—203
to pay up to $2,500 each year at eligible private institutions of
higher education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident’s academic merit,
the income and need of eligible students and such other factors
as may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years,
and any interest earned in this or any fiscal year: Provided further,
That the account shall be under the control of the District of
Columbia Chief Financial Officer, who shall use those funds solely
for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial
Officer shall provide a quarterly financial report to the Committees
on Appropriations of the House of Representatives and the Senate
for these funds showing, by object class, the expenditures made
and the purpose therefor.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS
IN THE DISTRICT OF COLUMBIA

For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written consultation
with the elected county or city officials of surrounding jurisdictions,
$13,000,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary
of Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or attacks in
the District of Columbia or surrounding jurisdictions.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

For salaries and expenses for the District of Columbia Courts,
$274,401,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,192,000, of which not to exceed $2,500 is
for official reception and representation expenses; for the Superior
Court of the District of Columbia, $123,638,000, of which not to
exceed $2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $73,981,000, of which
not to exceed $2,500 is for official reception and representation
expenses; and $62,590,000, to remain available until September
30, 2017, for capital improvements for District of Columbia courthouse facilities: Provided, That funds made available for capital
improvements shall be expended consistent with the District of
Columbia Courts master plan study and facilities condition assessment: Provided further, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for salaries
and expenses of other Federal agencies: Provided further, That
30 days after providing written notice to the Committees on Appropriations of the House of Representatives and the Senate, the
District of Columbia Courts may reallocate not more than
$6,000,000 of the funds provided under this heading among the

H. R. 2029—204
items and entities funded under this heading: Provided further,
That the Joint Committee on Judicial Administration in the District
of Columbia may, by regulation, establish a program substantially
similar to the program set forth in subchapter II of chapter 35
of title 5, United States Code, for employees of the District of
Columbia Courts.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF
COLUMBIA COURTS

For payments authorized under section 11–2604 and section
11–2605, D.C. Official Code (relating to representation provided
under the District of Columbia Criminal Justice Act), payments
for counsel appointed in proceedings in the Family Court of the
Superior Court of the District of Columbia under chapter 23 of
title 16, D.C. Official Code, or pursuant to contractual agreements
to provide guardian ad litem representation, training, technical
assistance, and such other services as are necessary to improve
the quality of guardian ad litem representation, payments for
counsel appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21–2060, D.C. Official Code (relating to services provided under
the District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $49,890,000, to remain
available until expended: Provided, That funds provided under this
heading shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further, That,
notwithstanding any other provision of law, this appropriation shall
be apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER
SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender Supervision
Agency for the District of Columbia, as authorized by the National
Capital Revitalization and Self-Government Improvement Act of
1997, $244,763,000, of which not to exceed $2,000 is for official
reception and representation expenses related to Community Supervision and Pretrial Services Agency programs, of which not to
exceed $25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002; of which $182,406,000
shall be for necessary expenses of Community Supervision and
Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of
services for or related to such persons, of which up to $3,159,000
shall remain available until September 30, 2018, for the relocation
of offender supervision field offices; and of which $62,357,000 shall
be available to the Pretrial Services Agency: Provided, That notwithstanding any other provision of law, all amounts under this heading
shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies:
Provided further, That amounts under this heading may be used

H. R. 2029—205
for programmatic incentives for offenders and defendants successfully meeting terms of supervision: Provided further, That the
Director is authorized to accept and use gifts in the form of inkind contributions of the following: space and hospitality to support
offender and defendant programs; equipment, supplies, clothing,
and professional development and vocational training services and
items necessary to sustain, educate, and train offenders and defendants, including their dependent children; and programmatic incentives for offenders and defendants meeting terms of supervision:
Provided further, That the Director shall keep accurate and detailed
records of the acceptance and use of any gift under the previous
proviso, and shall make such records available for audit and public
inspection: Provided further, That the Court Services and Offender
Supervision Agency Director is authorized to accept and use
reimbursement from the District of Columbia Government for space
and services provided on a cost reimbursable basis.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER
SERVICE

For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public Defender
Service, as authorized by the National Capital Revitalization and
Self-Government Improvement Act of 1997, $40,889,000: Provided,
That notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner
as funds appropriated for salaries and expenses of Federal agencies:
Provided further, That, notwithstanding section 1342 of title 31,
United States Code, and in addition to the authority provided
by the District of Columbia Code Section 2–1607(b), upon approval
of the Board of Trustees, the District of Columbia Public Defender
Service may accept and use voluntary and uncompensated services
for the purpose of aiding or facilitating the work of the District
of Columbia Public Defender Service: Provided further, That, notwithstanding District of Columbia Code section 2–1603(d), for the
purpose of any action brought against the Board of the Trustees
of the District of Columbia Public Defender Service at any time
during fiscal year 2016 or any previous fiscal year, the trustees
shall be deemed to be employees of the Public Defender Service.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND
SEWER AUTHORITY

For a Federal payment to the District of Columbia Water
and Sewer Authority, $14,000,000, to remain available until
expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water
and Sewer Authority provides a 100 percent match for this payment.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING
COUNCIL

For a Federal payment to the Criminal Justice Coordinating
Council, $1,900,000, to remain available until expended, to support
initiatives related to the coordination of Federal and local criminal
justice resources in the District of Columbia.

H. R. 2029—206
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

For a Federal payment, to remain available until September
30, 2017, to the Commission on Judicial Disabilities and Tenure,
$295,000, and for the Judicial Nomination Commission, $270,000.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

For a Federal payment for a school improvement program
in the District of Columbia, $45,000,000, to remain available until
expended, for payments authorized under the Scholarship for Opportunity and Results Act (division C of Public Law 112–10): Provided,
That, to the extent that funds are available for opportunity scholarships and following the priorities included in section 3006 of such
Act, the Secretary of Education shall make scholarships available
to students eligible under section 3013(3) of such Act (Public Law
112–10; 125 Stat. 211) including students who were not offered
a scholarship during any previous school year: Provided further,
That within funds provided for opportunity scholarships $3,200,000
shall be for the activities specified in sections 3007(b) through
3007(d) and 3009 of the Act.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD

For a Federal payment to the District of Columbia National
Guard, $435,000, to remain available until expended for the Major
General David F. Wherley, Jr. District of Columbia National Guard
Retention and College Access Program.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS

For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals with,
human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $5,000,000.
DISTRICT

OF

COLUMBIA FUNDS

Local funds are appropriated for the District of Columbia for
the current fiscal year out of the General Fund of the District
of Columbia (‘‘General Fund’’) for programs and activities set forth
under the heading ‘‘District of Columbia Funds Summary of
Expenses’’ and at the rate set forth under such heading, as included
in the Fiscal Year 2016 Budget Request Act of 2015 submitted
to the Congress by the District of Columbia as amended as of
the date of enactment of this Act: Provided, That notwithstanding
any other provision of law, except as provided in section 450A
of the District of Columbia Home Rule Act (section 1–204.50a,
D.C. Official Code), sections 816 and 817 of the Financial Services
and General Government Appropriations Act, 2009 (secs. 47–369.01
and 47–369.02, D.C. Official Code), and provisions of this Act,
the total amount appropriated in this Act for operating expenses
for the District of Columbia for fiscal year 2016 under this heading
shall not exceed the estimates included in the Fiscal Year 2016
Budget Request Act of 2015 submitted to Congress by the District
of Columbia as amended as of the date of enactment of this Act
or the sum of the total revenues of the District of Columbia for
such fiscal year: Provided further, That the amount appropriated

H. R. 2029—207
may be increased by proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or capital needs:
Provided further, That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act: Provided further, That the Chief Financial Officer of the District of
Columbia shall take such steps as are necessary to assure that
the District of Columbia meets these requirements, including the
apportioning by the Chief Financial Officer of the appropriations
and funds made available to the District during fiscal year 2016,
except that the Chief Financial Officer may not reprogram for
operating expenses any funds derived from bonds, notes, or other
obligations issued for capital projects.
This title may be cited as the ‘‘District of Columbia Appropriations Act, 2016’’.
TITLE V
INDEPENDENT AGENCIES
ADMINISTRATIVE CONFERENCE

OF THE

UNITED STATES

SALARIES AND EXPENSES

For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq., $3,100,000,
to remain available until September 30, 2017, of which not to
exceed $1,000 is for official reception and representation expenses.
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles, services
as authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the maximum rate payable
under 5 U.S.C. 5376, purchase of nominal awards to recognize
non-Federal officials’ contributions to Commission activities, and
not to exceed $4,000 for official reception and representation
expenses, $125,000,000, of which not less than $1,000,000 shall
remain available until September 30, 2017, to reduce the costs
of third party testing associated with certification of children’s
products under section 14 of the Consumer Product Safety Act
(15 U.S.C. 2063).
ELECTION ASSISTANCE COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107–252), $9,600,000, of which $1,500,000
shall be transferred to the National Institute of Standards and
Technology for election reform activities authorized under the Help
America Vote Act of 2002.

H. R. 2029—208
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed
$4,000 for official reception and representation expenses; purchase
and hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109, $339,844,000, to remain available
until expended: Provided, That in addition, $44,168,497 shall be
made available until expended for necessary expenses associated
with moving to a new facility or reconfiguring the existing space
to significantly reduce space consumption: Provided further, That
$384,012,497 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of
1934, shall be retained and used for necessary expenses and shall
remain available until expended: Provided further, That the sum
herein appropriated shall be reduced as such offsetting collections
are received during fiscal year 2016 so as to result in a final
fiscal year 2016 appropriation estimated at $0: Provided further,
That any offsetting collections received in excess of $384,012,497
in fiscal year 2016 shall not be available for obligation: Provided
further, That remaining offsetting collections from prior years collected in excess of the amount specified for collection in each such
year and otherwise becoming available on October 1, 2015, shall
not be available for obligation: Provided further, That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding system that may be retained and made available for
obligation shall not exceed $117,000,000 for fiscal year 2016: Provided further, That, of the amount appropriated under this heading,
not less than $11,600,000 shall be for the salaries and expenses
of the Office of Inspector General.
ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS
COMMISSION

SEC. 501. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ‘‘December 31,
2016’’, each place it appears and inserting ‘‘December 31, 2017’’.
SEC. 502. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal service
support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service
regarding single connection or primary line restrictions on universal
service support payments.
FEDERAL DEPOSIT INSURANCE CORPORATION
OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$34,568,000, to be derived from the Deposit Insurance Fund or,
only when appropriate, the FSLIC Resolution Fund.

H. R. 2029—209
FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $76,119,000, of which
$5,000,000 shall remain available until September 30, 2017, for
lease expiration and replacement lease expenses; and of which
not to exceed $5,000 shall be available for reception and representation expenses.
FEDERAL LABOR RELATIONS AUTHORITY
SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal
Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including
services authorized by 5 U.S.C. 3109, and including hire of experts
and consultants, hire of passenger motor vehicles, and including
official reception and representation expenses (not to exceed $1,500)
and rental of conference rooms in the District of Columbia and
elsewhere, $26,200,000: Provided, That public members of the Federal Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703)
for persons employed intermittently in the Government service,
and compensation as authorized by 5 U.S.C. 3109: Provided further,
That, notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management relations
conferences shall be credited to and merged with this account,
to be available without further appropriation for the costs of carrying out these conferences.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception
and representation expenses, $306,900,000, to remain available
until expended: Provided, That not to exceed $300,000 shall be
available for use to contract with a person or persons for collection
services in accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law, not to
exceed $124,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless
of the year of collection, shall be retained and used for necessary
expenses in this appropriation: Provided further, That, notwithstanding any other provision of law, not to exceed $14,000,000
in offsetting collections derived from fees sufficient to implement
and enforce the Telemarketing Sales Rule, promulgated under the
Telemarketing and Consumer Fraud and Abuse Prevention Act
(15 U.S.C. 6101 et seq.), shall be credited to this account, and
be retained and used for necessary expenses in this appropriation:

H. R. 2029—210
Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received
during fiscal year 2016, so as to result in a final fiscal year 2016
appropriation from the general fund estimated at not more than
$168,900,000: Provided further, That none of the funds made available to the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance
Act (12 U.S.C. 1831t).
GENERAL SERVICES ADMINISTRATION
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFERS OF FUNDS)

Amounts in the Fund, including revenues and collections deposited into the Fund, shall be available for necessary expenses of
real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District
of Columbia; restoration of leased premises; moving governmental
agencies (including space adjustments and telecommunications
relocation expenses) in connection with the assignment, allocation,
and transfer of space; contractual services incident to cleaning
or servicing buildings, and moving; repair and alteration of federally
owned buildings, including grounds, approaches, and appurtenances; care and safeguarding of sites; maintenance, preservation,
demolition, and equipment; acquisition of buildings and sites by
purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning and
design of projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and payment
of principal, interest, and any other obligations for public buildings
acquired by installment purchase and purchase contract; in the
aggregate amount of $10,196,124,000, of which—
(1) $1,607,738,000 shall remain available until expended
for construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $341,000,000 shall be for the DHS Consolidation
at St. Elizabeths;
(B) $105,600,000 shall be for the Alexandria Bay, New
York, Land Port of Entry;
(C) $85,645,000 shall be for the Columbus, New Mexico,
Land Port of Entry;
(D) $947,760,000 shall be for new construction projects
of the Federal Judiciary as prioritized in the ‘‘Federal
Judiciary Courthouse Project Priorities’’ plan approved by
the Judicial Conference of the United States on September
17, 2015, and submitted to the House and Senate Committees on Appropriations on September 28, 2015;

H. R. 2029—211
(E) $52,733,000 shall be for new construction and
acquisition projects that are joint United States courthouses and Federal buildings, including U.S. Post Offices,
on the ‘‘FY2015–FY2019 Five-Year Capital Investment
Plan’’ submitted by the General Services Administration
to the House and Senate Committees on Appropriations
with the agency’s fiscal year 2016 Congressional Justification; and
(F) $75,000,000 shall be for construction management
and oversight activities, and other project support costs,
for the FBI Headquarters Consolidation:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but
not to exceed 10 percent of the amounts included in a transmitted prospectus, if required, unless advance approval is
obtained from the Committees on Appropriations of a greater
amount;
(2) $735,331,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which—
(A) $310,331,000 is for Major Repairs and Alterations;
(B) $300,000,000 is for Basic Repairs and Alterations;
and
(C) $125,000,000 is for Special Emphasis Programs,
of which—
(i) $20,000,000 is for Fire and Life Safety;
(ii) $20,000,000 is for Judiciary Capital Security;
(iii) $10,000,000 is for Energy and Water Retrofit
and Conservation Measures; and
(iv) $75,000,000 is for Consolidation Activities: Provided, That consolidation projects result in reduced
annual rent paid by the tenant agency: Provided further, That no consolidation project exceed $20,000,000
in costs: Provided further, That consolidation projects
are approved by each of the committees specified in
section 3307(a) of title 40, United States Code: Provided further, That preference is given to consolidation
projects that achieve a utilization rate of 130 usable
square feet or less per person for office space: Provided
further, That the obligation of funds under this paragraph for consolidation activities may not be made
until 10 days after a proposed spending plan and explanation for each project to be undertaken, including
estimated savings, has been submitted to the Committees on Appropriations of the House of Representatives
and the Senate:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount identified for each project, except each project in this or any previous
Act may be increased by an amount not to exceed 10 percent
unless advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further, That
additional projects for which prospectuses have been fully
approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations:

H. R. 2029—212
Provided further, That the amounts provided in this or any
prior Act for ‘‘Repairs and Alterations’’ may be used to fund
costs associated with implementing security improvements to
buildings necessary to meet the minimum standards for security
in accordance with current law and in compliance with the
reprogramming guidelines of the appropriate Committees of
the House and Senate: Provided further, That the difference
between the funds appropriated and expended on any projects
in this or any prior Act, under the heading ‘‘Repairs and Alterations’’, may be transferred to Basic Repairs and Alterations
or used to fund authorized increases in prospectus projects:
Provided further, That the amount provided in this or any
prior Act for Basic Repairs and Alterations may be used to
pay claims against the Government arising from any projects
under the heading ‘‘Repairs and Alterations’’ or used to fund
authorized increases in prospectus projects;
(3) $5,579,055,000 for rental of space to remain available
until expended; and
(4) $2,274,000,000 for building operations to remain available until expended, of which $1,137,000,000 is for building
services, and $1,137,000,000 is for salaries and expenses: Provided further, That not to exceed 5 percent of any appropriation
made available under this paragraph for building operations
may be transferred between and merged with such appropriations upon notification to the Committees on Appropriations
of the House of Representatives and the Senate, but no such
appropriation shall be increased by more than 5 percent by
any such transfers: Provided further, That section 508 of this
title shall not apply with respect to funds made available under
this heading for building operations: Provided further, That
the total amount of funds made available from this Fund to
the General Services Administration shall not be available for
expenses of any construction, repair, alteration and acquisition
project for which a prospectus, if required by 40 U.S.C. 3307(a),
has not been approved, except that necessary funds may be
expended for each project for required expenses for the development of a proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended
for emergency repairs when advance approval is obtained from
the Committees on Appropriations: Provided further, That
amounts necessary to provide reimbursable special services
to other agencies under 40 U.S.C. 592(b)(2) and amounts to
provide such reimbursable fencing, lighting, guard booths, and
other facilities on private or other property not in Government
ownership or control as may be appropriate to enable the United
States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, shall be available from such revenues
and collections: Provided further, That revenues and collections
and any other sums accruing to this Fund during fiscal year
2016, excluding reimbursements under 40 U.S.C. 592(b)(2), in
excess of the aggregate new obligational authority authorized
for Real Property Activities of the Federal Buildings Fund
in this Act shall remain in the Fund and shall not be available
for expenditure except as authorized in appropriations Acts.

H. R. 2029—213
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY

For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities associated
with the management of real and personal property assets and
certain administrative services; Government-wide policy support
responsibilities relating to acquisition, travel, motor vehicles,
information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109; $58,000,000.
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agencywide policy direction, management, and communications; the
Civilian Board of Contract Appeals; and services as authorized
by 5 U.S.C. 3109; $58,560,000, of which $25,979,000 is for Real
and Personal Property Management and Disposal; $23,397,000 is
for the Office of the Administrator, of which not to exceed $7,500
is for official reception and representation expenses; and $9,184,000
is for the Civilian Board of Contract Appeals: Provided, That not
to exceed 5 percent of the appropriation made available under
this heading for Office of the Administrator may be transferred
to the appropriation for the Real and Personal Property Management and Disposal upon notification to the Committees on Appropriations of the House of Representatives and the Senate, but
the appropriation for the Real and Personal Property Management
and Disposal may not be increased by more than 5 percent by
any such transfer.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $65,000,000, of which
$2,000,000 is available until expended: Provided, That not to exceed
$50,000 shall be available for payment for information and detection
of fraud against the Government, including payment for recovery
of stolen Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other Federal
agencies and private citizens in recognition of efforts and initiatives
resulting in enhanced Office of Inspector General effectiveness.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

For carrying out the provisions of the Act of August 25, 1958
(3 U.S.C. 102 note), and Public Law 95–138, $3,277,000.
PRE-ELECTION PRESIDENTIAL TRANSITION
(INCLUDING TRANSFER OF FUNDS)

For activities authorized by the Pre-Election Presidential
Transition Act of 2010 (Public Law 111–283), not to exceed

H. R. 2029—214
$13,278,000, to remain available until September 30, 2017: Provided, That such amounts may be transferred and credited to
‘‘Acquisition Services Fund’’ or ‘‘Federal Buildings Fund’’ to
reimburse obligations incurred for the purposes provided herein
in fiscal year 2015 and 2016: Provided further, That amounts made
available under this heading shall be in addition to any other
amounts available for such purposes.
FEDERAL CITIZEN SERVICES FUND
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of Citizen Services and
Innovative Technologies, including services authorized by 40 U.S.C.
323 and 44 U.S.C. 3604; and for necessary expenses in support
of interagency projects that enable the Federal Government to
enhance its ability to conduct activities electronically, through the
development and implementation of innovative uses of information
technology; $55,894,000, to be deposited into the Federal Citizen
Services Fund: Provided, That the previous amount may be transferred to Federal agencies to carry out the purpose of the Federal
Citizen Services Fund: Provided further, That the appropriations,
revenues, reimbursements, and collections deposited into the Fund
shall be available until expended for necessary expenses of Federal
Citizen Services and other activities that enable the Federal Government to enhance its ability to conduct activities electronically in
the aggregate amount not to exceed $90,000,000: Provided further,
That appropriations, revenues, reimbursements, and collections
accruing to this Fund during fiscal year 2016 in excess of such
amount shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts: Provided
further, That any appropriations provided to the Electronic Government Fund that remain unobligated may be transferred to the
Federal Citizen Services Fund: Provided further, That the transfer
authorities provided herein shall be in addition to any other transfer
authority provided in this Act.
ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)

SEC. 510. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.
SEC. 511. Funds in the Federal Buildings Fund made available
for fiscal year 2016 for Federal Buildings Fund activities may
be transferred between such activities only to the extent necessary
to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House of Representatives and the Senate.
SEC. 512. Except as otherwise provided in this title, funds
made available by this Act shall be used to transmit a fiscal year
2017 request for United States Courthouse construction only if
the request: (1) meets the design guide standards for construction
as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office
of Management and Budget; (2) reflects the priorities of the Judicial
Conference of the United States as set out in its approved 5year construction plan; and (3) includes a standardized courtroom

H. R. 2029—215
utilization study of each facility to be constructed, replaced, or
expanded.
SEC. 513. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency
that does not pay the rate per square foot assessment for space
and services as determined by the General Services Administration
in consideration of the Public Buildings Amendments Act of 1972
(Public Law 92–313).
SEC. 514. From funds made available under the heading Federal
Buildings Fund, Limitations on Availability of Revenue, claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate.
SEC. 515. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate adopt
a resolution granting lease authority pursuant to a prospectus
transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307, the Administrator shall
ensure that the delineated area of procurement is identical to
the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and
the Committees on Appropriations of the House of Representatives
and the Senate prior to exercising any lease authority provided
in the resolution.
SEC. 516. With respect to each project funded under the heading
‘‘Major Repairs and Alterations’’ or ‘‘Judiciary Capital Security Program’’, and with respect to E-Government projects funded under
the heading ‘‘Federal Citizen Services Fund’’, the Administrator
of General Services shall submit a spending plan and explanation
for each project to be undertaken to the Committees on Appropriations of the House of Representatives and the Senate not later
than 60 days after the date of enactment of this Act.
SEC. 517. With respect to each project funded under the heading
of ‘‘new construction projects of the Federal Judiciary’’, the General
Services Administration, in consultation with the Administrative
Office of the United States Courts, shall submit a spending plan
and description for each project to be undertaken to the Committees
on Appropriations of the House of Representatives and the Senate
not later than 120 days after the date of enactment of this Act.
SEC. 518. With respect to each project funded under the heading
of ‘‘joint United States courthouses and Federal buildings, including
U.S. Post Offices’’, the General Services Administration shall submit
a spending plan and explanation for the projects to be undertaken
to the Committees on Appropriations of the House of Representatives and the Senate not later than 60 days after the date of
enactment of this Act.

H. R. 2029—216
HARRY S TRUMAN SCHOLARSHIP FOUNDATION
SALARIES AND EXPENSES

For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93–642,
$1,000,000, to remain available until expended.
MERIT SYSTEMS PROTECTION BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), including
services as authorized by 5 U.S.C. 3109, rental of conference rooms
in the District of Columbia and elsewhere, hire of passenger motor
vehicles, direct procurement of survey printing, and not to exceed
$2,000 for official reception and representation expenses,
$44,490,000, to remain available until September 30, 2017, and
in addition not to exceed $2,345,000, to remain available until
September 30, 2017, for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
MORRIS K. UDALL

AND

STEWART L. UDALL FOUNDATION

MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
(INCLUDING TRANSFER OF FUNDS)

For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5601 et seq.), $1,995,000, to remain
available until expended, of which, notwithstanding sections 8 and
9 of such Act: (1) up to $50,000 shall be used to conduct financial
audits pursuant to the Accountability of Tax Dollars Act of 2002
(Public Law 107–289); and (2) up to $1,000,000 shall be available
to carry out the activities authorized by section 6(7) of Public
Law 102–259 and section 817(a) of Public Law 106–568 (20 U.S.C.
5604(7)): Provided, That of the total amount made available under
this heading $200,000 shall be transferred to the Office of Inspector
General of the Department of the Interior, to remain available
until expended, for audits and investigations of the Morris K. Udall
and Stewart L. Udall Foundation, consistent with the Inspector
General Act of 1978 (5 U.S.C. App.).
ENVIRONMENTAL DISPUTE RESOLUTION FUND

For payment to the Environmental Dispute Resolution Fund
to carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $3,400,000, to remain available
until expended.

H. R. 2029—217
NATIONAL ARCHIVES

AND

RECORDS ADMINISTRATION

OPERATING EXPENSES

For necessary expenses in connection with the administration
of the National Archives and Records Administration and archived
Federal records and related activities, as provided by law, and
for expenses necessary for the review and declassification of documents, the activities of the Public Interest Declassification Board,
the operations and maintenance of the electronic records archives,
the hire of passenger motor vehicles, and for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning, $372,393,000.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act
of 2008, Public Law 110–409, 122 Stat. 4302–16 (2008), and the
Inspector General Act of 1978 (5 U.S.C. App.), and for the hire
of passenger motor vehicles, $4,180,000.
REPAIRS AND RESTORATION

For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $7,500,000, to
remain available until expended: Provided, That from amounts
made available under this heading in Public Laws 111–8 and 111–
117 for necessary expenses related to the repair and renovation
of the Franklin D. Roosevelt Presidential Library and Museum
in Hyde Park, New York, the remaining unobligated balances shall
be available to implement the National Archives and Records
Administration Capital Improvement Plan.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM

For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504,
$5,000,000, to remain available until expended.
NATIONAL CREDIT UNION ADMINISTRATION
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000
shall be available until September 30, 2017, for technical assistance
to low-income designated credit unions.
OFFICE

OF

GOVERNMENT ETHICS

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Stop Trading
on Congressional Knowledge Act of 2012, including services as

H. R. 2029—218
authorized by 5 U.S.C. 3109, rental of conference rooms in the
District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and representation expenses, $15,742,000.
OFFICE

OF

PERSONNEL MANAGEMENT

SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis;
rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for
official reception and representation expenses; advances for
reimbursements to applicable funds of OPM and the Federal Bureau
of Investigation for expenses incurred under Executive Order No.
10422 of January 9, 1953, as amended; and payment of per diem
and/or subsistence allowances to employees where Voting Rights
Act activities require an employee to remain overnight at his or
her post of duty, $120,688,000, of which $2,500,000 shall remain
available until expended for Federal investigations enhancements,
and of which $616,000 may be for strengthening the capacity and
capabilities of the acquisition workforce (as defined by the Office
of Federal Procurement Policy Act, as amended (41 U.S.C. 4001
et seq.)), including the recruitment, hiring, training, and retention
of such workforce and information technology in support of acquisition workforce effectiveness or for management solutions to improve
acquisition management; and in addition $124,550,000 for administrative expenses, to be transferred from the appropriate trust funds
of OPM without regard to other statutes, including direct procurement of printed materials, for the retirement and insurance programs: Provided, That the provisions of this appropriation shall
not affect the authority to use applicable trust funds as provided
by sections 8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and
9004(f)(2)(A) of title 5, United States Code: Provided further, That
no part of this appropriation shall be available for salaries and
expenses of the Legal Examining Unit of OPM established pursuant
to Executive Order No. 9358 of July 1, 1943, or any successor
unit of like purpose: Provided further, That the President’s Commission on White House Fellows, established by Executive Order No.
11183 of October 3, 1964, may, during fiscal year 2016, accept
donations of money, property, and personal services: Provided further, That such donations, including those from prior years, may
be used for the development of publicity materials to provide
information about the White House Fellows, except that no such
donations shall be accepted for travel or reimbursement of travel
expenses, or for the salaries of employees of such Commission.

H. R. 2029—219
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $4,365,000, and in addition, not to exceed
$22,479,000 for administrative expenses to audit, investigate, and
provide other oversight of the Office of Personnel Management’s
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel Management,
as determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in the
District of Columbia and elsewhere.
OFFICE

OF

SPECIAL COUNSEL

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95–
454), the Whistleblower Protection Act of 1989 (Public Law 101–
12) as amended by Public Law 107–304, the Whistleblower Protection Enhancement Act of 2012 (Public Law 112–199), and the Uniformed Services Employment and Reemployment Rights Act of 1994
(Public Law 103–353), including services as authorized by 5 U.S.C.
3109, payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire
of passenger motor vehicles; $24,119,000.
POSTAL REGULATORY COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109–435), $15,200,000, to be derived
by transfer from the Postal Service Fund and expended as authorized by section 603(a) of such Act.
PRIVACY

AND

CIVIL LIBERTIES OVERSIGHT BOARD

SALARIES AND EXPENSES

For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee),
$21,297,000, to remain available until September 30, 2017.

H. R. 2029—220
SECURITIES

AND

EXCHANGE COMMISSION

SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the District
of Columbia and elsewhere, and not to exceed $3,500 for official
reception and representation expenses, $1,605,000,000, to remain
available until expended; of which not less than $11,315,971 shall
be for the Office of Inspector General; of which not to exceed
$75,000 shall be available for a permanent secretariat for the International Organization of Securities Commissions; of which not to
exceed $100,000 shall be available for expenses for consultations
and meetings hosted by the Commission with foreign governmental
and other regulatory officials, members of their delegations and
staffs to exchange views concerning securities matters, such
expenses to include necessary logistic and administrative expenses
and the expenses of Commission staff and foreign invitees in attendance including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence; and
of which not less than $68,223,000 shall be for the Division of
Economic and Risk Analysis: Provided, That fees and charges
authorized by section 31 of the Securities Exchange Act of 1934
(15 U.S.C. 78ee) shall be credited to this account as offsetting
collections: Provided further, That not to exceed $1,605,000,000
of such offsetting collections shall be available until expended for
necessary expenses of this account: Provided further, That the total
amount appropriated under this heading from the general fund
for fiscal year 2016 shall be reduced as such offsetting fees are
received so as to result in a final total fiscal year 2016 appropriation
from the general fund estimated at not more than $0.
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES

For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training for
uniformed personnel assigned to the Selective Service System, as
authorized by 5 U.S.C. 4101–4118 for civilian employees; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109;
and not to exceed $750 for official reception and representation
expenses; $22,703,000: Provided, That during the current fiscal
year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever the President deems such action
to be necessary in the interest of national defense: Provided further,
That none of the funds appropriated by this Act may be expended
for or in connection with the induction of any person into the
Armed Forces of the United States.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles
as authorized by sections 1343 and 1344 of title 31, United States

H. R. 2029—221
Code, and not to exceed $3,500 for official reception and representation expenses, $268,000,000, of which not less than $12,000,000
shall be available for examinations, reviews, and other lender oversight activities: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by the
Small Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small Business
Act: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities shall be credited to this
account, to remain available until expended, for carrying out these
purposes without further appropriations: Provided further, That
the Small Business Administration may accept gifts in an amount
not to exceed $4,000,000 and may co-sponsor activities, each in
accordance with section 132(a) of division K of Public Law 108–
447, during fiscal year 2016: Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2017: Provided further,
That $3,000,000 shall be for the Federal and State Technology
Partnership Program under section 34 of the Small Business Act
(15 U.S.C. 657d).
ENTREPRENEURIAL DEVELOPMENT PROGRAMS

For necessary expenses of programs supporting entrepreneurial
and small business development, $231,100,000, to remain available
until September 30, 2017: Provided, That $117,000,000 shall be
available to fund grants for performance in fiscal year 2016 or
fiscal year 2017 as authorized by section 21 of the Small Business
Act: Provided further, That $25,000,000 shall be for marketing,
management, and technical assistance under section 7(m) of the
Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program: Provided further,
That $18,000,000 shall be available for grants to States to carry
out export programs that assist small business concerns authorized
under section 1207 of Public Law 111–240.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$19,900,000.
OFFICE OF ADVOCACY

For necessary expenses of the Office of Advocacy in carrying
out the provisions of title II of Public Law 94–305 (15 U.S.C.
634a et seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C.
601 et seq.), $9,120,000, to remain available until expended.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $3,338,172, to remain available
until expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That subject
to section 502 of the Congressional Budget Act of 1974, during

H. R. 2029—222
fiscal year 2016 commitments to guarantee loans under section
503 of the Small Business Investment Act of 1958 shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2016
commitments for general business loans authorized under section
7(a) of the Small Business Act shall not exceed $26,500,000,000
for a combination of amortizing term loans and the aggregated
maximum line of credit provided by revolving loans: Provided further, That during fiscal year 2016 commitments for loans authorized
under subparagraph (C) of section 502(7) of The Small Business
Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2016
commitments to guarantee loans for debentures under section 303(b)
of the Small Business Investment Act of 1958 shall not exceed
$4,000,000,000: Provided further, That during fiscal year 2016,
guarantees of trust certificates authorized by section 5(g) of the
Small Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to carry
out the direct and guaranteed loan programs, $152,725,828, which
may be transferred to and merged with the appropriations for
Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act,
$186,858,000, to be available until expended, of which $1,000,000
is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster
loan programs and shall be transferred to and merged with the
appropriations for the Office of Inspector General; of which
$176,858,000 is for direct administrative expenses of loan making
and servicing to carry out the direct loan program, which may
be transferred to and merged with the appropriations for Salaries
and Expenses; and of which $9,000,000 is for indirect administrative
expenses for the direct loan program, which may be transferred
to and merged with the appropriations for Salaries and Expenses.
ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)

SEC. 520. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations,
but no such appropriation shall be increased by more than 10
percent by any such transfers: Provided, That any transfer pursuant
to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
SEC. 521. (a) Subparagraph (C) of section 502(7) of the Small
Business Investment Act of 1958 (15 U.S.C. 696(7)), as in effect
on September 25, 2012, shall be in effect in any fiscal year during
which the cost to the Federal Government of making guarantees
under such subparagraph (C) and section 503 of the Small Business
Investment Act of 1958 (15 U.S.C. 697) is zero, except that—

H. R. 2029—223
(1) subclause (I)(bb) and subclause (II) of clause (iv) of
such subparagraph (C) shall not be in effect;
(2) unless, upon application by a development company
and after determining that the refinance loan is needed for
good cause, the Administrator of the Small Business Administration waives this paragraph, a development company shall
limit its financings under section 502 of the Small Business
Investment Act of 1958 (15 U.S.C. 696) so that, during any
fiscal year, new financings under such subparagraph (C) shall
not exceed 50 percent of the dollars loaned under title V of
the Small Business Investment Act of 1958 (15 U.S.C. 695
et seq.) during the previous fiscal year; and
(3) clause (iv)(I)(aa) of such subparagraph (C) shall be
applied by substituting ‘‘job creation and retention’’ for ‘‘job
creation’’.
(b) Section 303(b)(2)(B) of the Small Business Investment Act
of 1958 (15 U.S.C. 683(b)(2)(B)) is amended by striking
‘‘$225,000,000’’ and inserting ‘‘$350,000,000’’.
UNITED STATES POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND

For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code, $55,075,000:
Provided, That mail for overseas voting and mail for the blind
shall continue to be free: Provided further, That 6-day delivery
and rural delivery of mail shall continue at not less than the
1983 level: Provided further, That none of the funds made available
to the Postal Service by this Act shall be used to implement any
rule, regulation, or policy of charging any officer or employee of
any State or local child support enforcement agency, or any individual participating in a State or local program of child support
enforcement, a fee for information requested or provided concerning
an address of a postal customer: Provided further, That none of
the funds provided in this Act shall be used to consolidate or
close small rural and other small post offices.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$248,600,000, to be derived by transfer from the Postal Service
Fund and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109–435).
UNITED STATES TAX COURT
SALARIES AND EXPENSES

For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $51,300,000: Provided,

H. R. 2029—224
That travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS—THIS ACT
(INCLUDING RESCISSION)

SEC. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 605. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to
a Government employee would result in a decision, determination,
rule, regulation, or policy that would prohibit the enforcement of
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
SEC. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
the assistance the entity will comply with chapter 83 of title 41,
United States Code.
SEC. 607. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating chapter 83 of title 41, United
States Code.
SEC. 608. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
available for obligation or expenditure in fiscal year 2016, or provided from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming
of funds that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any program,
project, or activity for which funds have been denied or restricted
by the Congress; (4) proposes to use funds directed for a specific
activity by the Committee on Appropriations of either the House
of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or activities in excess of

H. R. 2029—225
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or
activities unless prior approval is received from the Committees
on Appropriations of the House of Representatives and the Senate:
Provided, That prior to any significant reorganization or restructuring of offices, programs, or activities, each agency or entity
funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the Senate: Provided
further, That not later than 60 days after the date of enactment
of this Act, each agency funded by this Act shall submit a report
to the Committees on Appropriations of the House of Representatives and the Senate to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year:
Provided further, That at a minimum the report shall include:
(1) a table for each appropriation with a separate column to display
the President’s budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the
fiscal year enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and activity
as detailed in the budget appendix for the respective appropriation;
and (3) an identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000
per day for each day after the required date that the report has
not been submitted to the Congress.
SEC. 609. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2016 from appropriations made available
for salaries and expenses for fiscal year 2016 in this Act, shall
remain available through September 30, 2017, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines.
SEC. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to request—
(1) any official background investigation report on any individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury
or the Internal Revenue Service.
(b) Subsection (a) shall not apply—
(1) in the case of an official background investigation report,
if such individual has given express written consent for such
request not more than 6 months prior to the date of such
request and during the same presidential administration; or
(2) if such request is required due to extraordinary circumstances involving national security.
SEC. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply with
respect to a contract under the Federal Employees Health Benefits
Program established under chapter 89 of title 5, United States
Code.

H. R. 2029—226
SEC. 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area
cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction
on unanticipated travel expenses imposed in an Appropriations
Act) funds made available to the Office of Personnel Management
pursuant to court approval.
SEC. 613. No funds appropriated by this Act shall be available
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. The provision of section 613 shall not apply where
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. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title
41, United States Code (popularly known as the Buy American
Act), shall not apply to the acquisition by the Federal Government
of information technology (as defined in section 11101 of title 40,
United States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
SEC. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency or
commission funded by this Act may accept on behalf of that agency,
nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related
expenses for the purpose of enabling an officer or employee to
attend and participate in any meeting or similar function relating
to the official duties of the officer or employee when the entity
offering payment or reimbursement is a person or entity subject
to regulation by such agency or commission, or represents a person
or entity subject to regulation by such agency or commission, unless
the person or entity is an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code.
SEC. 617. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the
Securities and Exchange Commission by this or any other Act
may be used for the interagency funding and sponsorship of a
joint advisory committee to advise on emerging regulatory issues.
SEC. 618. (a)(1) Notwithstanding any other provision of law,
an Executive agency covered by this Act otherwise authorized to
enter into contracts for either leases or the construction or alteration
of real property for office, meeting, storage, or other space must
consult with the General Services Administration before issuing
a solicitation for offers of new leases or construction contracts,
and in the case of succeeding leases, before entering into negotiations with the current lessor.
(2) Any such agency with authority to enter into an emergency
lease may do so during any period declared by the President to
require emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ‘‘Executive agency
covered by this Act’’ means any Executive agency provided funds
by this Act, but does not include the General Services Administration or the United States Postal Service.

H. R. 2029—227
SEC. 619. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to—
(A) the Judicial Officers’ Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors’ Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges’
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions—
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch.
87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise applicable
limitation on the use of funds contained in this Act.
SEC. 620. The Public Company Accounting Oversight Board
(Board) shall have authority to obligate funds for the scholarship
program established by section 109(c)(2) of the Sarbanes-Oxley Act
of 2002 (Public Law 107–204) in an aggregate amount not exceeding
the amount of funds collected by the Board as of December 31,
2015, including accrued interest, as a result of the assessment
of monetary penalties. Funds available for obligation in fiscal year
2016 shall remain available until expended.
SEC. 621. None of the funds made available in this Act may
be used by the Federal Trade Commission 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 Interagency Working
Group on Food Marketed to Children complies with Executive Order
No. 13563.
SEC. 622. None of the funds made available by this Act may
be used to pay the salaries and expenses for the following positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and Climate
Change.
(3) Senior Advisor to the Secretary of the Treasury assigned
to the Presidential Task Force on the Auto Industry and Senior
Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
SEC. 623. None of the funds in this Act may be used for
the Director of the Office of Personnel Management to award a
contract, enter an extension of, or exercise an option on a contract
to a contractor conducting the final quality review processes for

H. R. 2029—228
background investigation fieldwork services or background investigation support services that, as of the date of the award of the
contract, are being conducted by that contractor.
SEC. 624. (a) The head of each executive branch agency funded
by this Act shall ensure that the Chief Information Officer of
the agency has the authority to participate in decisions regarding
the budget planning process related to information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information technology
shall be allocated within the agency, consistent with the provisions
of appropriations Acts and budget guidelines and recommendations
from the Director of the Office of Management and Budget, in
such manner as specified by, or approved by, the Chief Information
Officer of the agency in consultation with the Chief Financial Officer
of the agency and budget officials.
SEC. 625. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title 44, United
States Code.
SEC. 626. From the unobligated balances available in the Securities and Exchange Commission Reserve Fund established by section 991 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111–203), $25,000,000 are rescinded.
SEC. 627. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public or
remote computing service of the contents of a wire or electronic
communication that is in electronic storage with the provider (as
such terms are defined in sections 2510 and 2711 of title 18,
United States Code) in a manner that violates the Fourth Amendment to the Constitution of the United States.
SEC. 628. Beginning on the date of enactment of this Act,
in the current fiscal year and continuing through September 30,
2025, the Further Notice of Proposed Rulemaking and Report and
Order adopted by the Federal Communications Commission on
March 31, 2014 (FCC 14–28), and the amendments to the rules
of the Commission adopted in such Further Notice of Proposed
Rulemaking and Report and Order, shall not apply to a joint sales
agreement (as defined in Note 2(k) to section 73.3555 of title 47,
Code of Federal Regulations) that was in effect on March 31, 2014,
and a rule of the Commission amended by such an amendment
shall apply to such agreement as such rule was in effect on the
day before the effective date of such amendment. A party to a
joint sales agreement that was in effect on March 31, 2014, shall
not be considered to be in violation of the ownership limitations
of section 73.3555 of title 47, Code of Federal Regulations, by
reason of the application of the rule in Note 2(k)(2), as so amended,
to the joint sales agreement.
SEC. 629. During fiscal year 2016, none of the amounts made
available by this Act may be used to finalize or implement the
Safety Standard for Recreational Off-Highway Vehicles published
by the Consumer Product Safety Commission in the Federal Register on November 19, 2014 (79 Fed. Reg. 68964) until after—
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine—
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard

H. R. 2029—229
for purposes of reducing the risk of Recreational Off-Highway Vehicle (referred to in this section as ‘‘ROV’’) rollovers
in the off-road environment, including the repeatability
and reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal
to provide information on a point-of-sale hangtag about
a ROV’s rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to—
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House
of Representatives.
SEC. 630. Notwithstanding any other provision of law, not
to exceed $2,266,085 of unobligated balances from ‘‘Election Assistance Commission, Election Reform Programs’’ shall be available
to record a disbursement previously incurred under that heading
in fiscal year 2014 against a 2008 cancelled account.
SEC. 631. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission for
universal service high-cost support for competitive eligible telecommunications carriers in a way that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307 of title 47, Code of Federal
Regulations, as in effect on July 15, 2015: Provided, That this
section shall not prohibit the Commission from considering, developing, or adopting other support mechanisms as an alternative
to Mobility Fund Phase II.
SEC. 632. (a) The Office of Personnel Management shall provide
to each affected individual as defined in subsection (b) complimentary identity protection coverage that—
(1) is not less comprehensive than the complimentary
identity protection coverage that the Office provided to affected
individuals before the date of enactment of this Act;
(2) is effective for a period of not less than 10 years;
and
(3) includes not less than $5,000,000 in identity theft insurance.
(b) DEFINITION.—In this section, the term ‘‘affected individual’’
means any individual whose Social Security Number was compromised during—
(1) the data breach of personnel records of current and
former Federal employees, at a network maintained by the
Department of the Interior, that was announced by the Office
of Personnel Management on June 4, 2015; or
(2) the data breach of systems of the Office of Personnel
Management containing information related to the background

H. R. 2029—230
investigations of current, former, and prospective Federal
employees, and of other individuals.
SEC. 633. 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 ‘‘October 1,
2016’’ for ‘‘October 1, 2015’’.
SEC. 634. (a) DEFINITIONS.—In this section:
(1) BANKING INSTITUTION.—The term ‘‘banking institution’’
means an insured depository institution, Federal credit union,
State credit union, bank holding company, or savings and loan
holding company.
(2) BASEL III CAPITAL REQUIREMENTS.—The term ‘‘Basel
III capital requirements’’ means the Global Regulatory Framework for More Resilient Banks and Banking Systems issued
by the Basel Committee on Banking Supervision on December
16, 2010, as revised on June 1, 2011.
(3) FEDERAL BANKING AGENCIES.—The term ‘‘Federal
banking agencies’’ means the Board of Governors of the Federal
Reserve System, the Office of the Comptroller of the Currency,
the Federal Deposit Insurance Corporation, and the National
Credit Union Administration.
(4) MORTGAGE SERVICING ASSETS.—The term ‘‘mortgage
servicing assets’’ means those assets that result from contracts
to service loans secured by real estate, where such loans are
owned by third parties.
(5) NCUA CAPITAL REQUIREMENTS.—The term ‘‘NCUA capital requirements’’ means the final rule of the National Credit
Union Administration entitled ‘‘Risk-Based Capital’’ (80 Fed.
Reg. 66625 (October 29, 2015)).
(6) OTHER DEFINITIONS.—
(A) BANKING DEFINITIONS.—The terms ‘‘bank holding
company’’, ‘‘insured depository institution’’, and ‘‘savings
and loan holding company’’ have the meanings given those
terms in section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813).
(B) CREDIT UNION DEFINITIONS.—The terms ‘‘Federal
credit union’’ and ‘‘State credit union’’ have the meanings
given those terms in section 101 of the Federal Credit
Union Act (12 U.S.C. 1752).
(b) STUDY OF THE APPROPRIATE CAPITAL FOR MORTGAGE SERVICING ASSETS.—
(1) IN GENERAL.—The Federal banking agencies shall
jointly conduct a study of the appropriate capital requirements
for mortgage servicing assets for banking institutions.
(2) ISSUES TO BE STUDIED.—The study required under paragraph (1) shall include, with a specific focus on banking institutions—
(A) the risk to banking institutions of holding mortgage
servicing assets;
(B) the history of the market for mortgage servicing
assets, including in particular the market for those assets
in the period of the financial crisis;
(C) the ability of banking institutions to establish a
value for mortgage servicing assets of the institution
through periodic sales or other means;
(D) regulatory approaches to mortgage servicing assets
and capital requirements that may be used to address

H. R. 2029—231
concerns about the value of and ability to sell mortgage
servicing assets;
(E) the impact of imposing the Basel III capital requirements and the NCUA capital requirements on banking
institutions on the ability of those institutions—
(i) to compete in the mortgage servicing business,
including the need for economies of scale to compete
in that business; and
(ii) to provide service to consumers to whom the
institutions have made mortgage loans;
(F) an analysis of what the mortgage servicing marketplace would look like if the Basel III capital requirements
and the NCUA capital requirements on mortgage servicing
assets—
(i) were fully implemented; and
(ii) applied to both banking institutions and nondepository residential mortgage loan servicers;
(G) the significance of problems with mortgage servicing assets, if any, in banking institution failures and
problem banking institutions, including specifically identifying failed banking institutions where mortgage servicing
assets contributed to the failure; and
(H) an analysis of the relevance of the Basel III capital
requirements and the NCUA capital requirements on mortgage servicing assets to the banking systems of other
significantly developed countries.
(3) REPORT TO CONGRESS.—Not later than 180 days after
the date of enactment of this title, the Federal banking agencies
shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report containing—
(A) the results of the study required under paragraph
(1);
(B) any analysis on the specific issue of mortgage servicing assets undertaken by the Federal banking agencies
before finalizing regulations implementing the Basel III
capital requirements and the NCUA capital requirements;
and
(C) any recommendations for legislative or regulatory
actions that would address concerns about the value of
and ability to sell and the ability of banking institutions
to hold mortgage servicing assets.
SEC. 635. In addition to amounts otherwise provided in this
Act for ‘‘National Archives and Records Administration, Operating
Expenses’’, there is appropriated $7,000,000, to remain available
until expended, for the repair, alteration, and improvement of an
additional leased facility to provide adequate storage for holdings
of the House of Representatives and the Senate.

H. R. 2029—232
TITLE VII
GENERAL PROVISIONS—GOVERNMENT-WIDE
DEPARTMENTS, AGENCIES,

AND

CORPORATIONS

(INCLUDING TRANSFER OF FUNDS)

SEC. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for fiscal year 2016 shall obligate or expend any such funds,
unless such department, agency, or instrumentality has in place,
and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from the
illegal use, possession, or distribution of controlled substances (as
defined in the Controlled Substances Act (21 U.S.C. 802)) by the
officers and employees of such department, agency, or instrumentality.
SEC. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
subsection 1343(c) of title 31, United States Code, for the purchase
of any passenger motor vehicle (exclusive of buses, ambulances,
law enforcement vehicles, protective vehicles, and undercover
surveillance vehicles), is hereby fixed at $19,947 except station
wagons for which the maximum shall be $19,997: Provided, That
these limits may be exceeded by not to exceed $7,250 for policetype vehicles: Provided further, That the limits set forth in this
section may not be exceeded by more than 5 percent for electric
or hybrid vehicles purchased for demonstration under the provisions
of the Electric and Hybrid Vehicle Research, Development, and
Demonstration Act of 1976: Provided further, That the limits set
forth in this section may be exceeded by the incremental cost
of clean alternative fuels vehicles acquired pursuant to Public Law
101–549 over the cost of comparable conventionally fueled vehicles:
Provided further, That the limits set forth in this section shall
not apply to any vehicle that is a commercial item and which
operates on alternative fuel, including but not limited to electric,
plug-in hybrid electric, and hydrogen fuel cell vehicles.
SEC. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available
for expenses of travel, or for the expenses of the activity concerned,
are hereby made available for quarters allowances and cost-ofliving allowances, in accordance with 5 U.S.C. 5922–5924.
SEC. 704. Unless otherwise specified in law during the current
fiscal year, no part of any appropriation contained in this or any
other Act shall be used to pay the compensation of any officer
or employee of the Government of the United States (including
any agency the majority of the stock of which is owned by the
Government of the United States) whose post of duty is in the
continental United States unless such person: (1) is a citizen of
the United States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in 8
U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a refugee
under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158
and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or (4) is a person

H. R. 2029—233
who owes allegiance to the United States: Provided, That for purposes of this section, affidavits signed by any such person shall
be considered prima facie evidence that the requirements of this
section with respect to his or her status are being complied with:
Provided further, That for purposes of subsections (2) and (3) such
affidavits shall be submitted prior to employment and updated
thereafter as necessary: Provided further, That any person making
a false affidavit shall be guilty of a felony, and upon conviction,
shall be fined no more than $4,000 or imprisoned for not more
than 1 year, or both: Provided further, That the above penal clause
shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment
made to any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Government:
Provided further, That this section shall not apply to any person
who is an officer or employee of the Government of the United
States on the date of enactment of this Act, or to international
broadcasters employed by the Broadcasting Board of Governors,
or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply
to the employment as Wildland firefighters for not more than 120
days of nonresident aliens employed by the Department of the
Interior or the USDA Forest Service pursuant to an agreement
with another country.
SEC. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space
and services and those expenses of renovation and alteration of
buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73
Stat. 479), the Public Buildings Amendments of 1972 (86 Stat.
216), or other applicable law.
SEC. 706. In addition to funds provided in this or any other
Act, all Federal agencies are authorized to receive and use funds
resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling
or waste prevention programs. Such funds shall be available until
expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13423
(January 24, 2007), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs, including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
SEC. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States
Code, shall be available, in addition to objects for which such
funds are otherwise available, for rent in the District of Columbia;
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable

H. R. 2029—234
to the expenditure of such funds unless otherwise specified in
the Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations
on administrative expenses shall be correspondingly reduced.
SEC. 708. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities)
which do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
SEC. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with
the applicable law of the United States.
SEC. 710. During the period in which the head of any department or agency, or any other officer or civilian employee of the
Federal Government appointed by the President of the United
States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance
notice of such furnishing or redecoration is transmitted to the
Committees on Appropriations of the House of Representatives and
the Senate. For the purposes of this section, the term ‘‘office’’
shall include the entire suite of offices assigned to the individual,
as well as any other space used primarily by the individual or
the use of which is directly controlled by the individual.
SEC. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by this
or any other Act shall be available for the interagency funding
of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments,
agencies, or entities, as provided by Executive Order No. 13618
(July 6, 2012).
SEC. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a position of a confidential or policy-determining character that is
excepted from the competitive service under section 3302 of title
5, United States Code, (pursuant to schedule C of subpart C of
part 213 of title 5 of the Code of Federal Regulations) unless
the head of the applicable department, agency, or other instrumentality employing such schedule C individual certifies to the Director
of the Office of Personnel Management that the schedule C position
occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from
an element of the intelligence community (as that term is defined
under section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4))).
SEC. 713. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who—

H. R. 2029—235
(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal
Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee
of the Congress in connection with any matter pertaining to
the employment of such other officer or employee or pertaining
to the department or agency of such other officer or employee
in any way, irrespective of whether such communication or
contact is at the initiative of such other officer or employee
or in response to the request or inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment
right, entitlement, or benefit, or any term or condition of
employment of, any other officer or employee of the Federal
Government, or attempts or threatens to commit any of the
foregoing actions with respect to such other officer or employee,
by reason of any communication or contact of such other officer
or employee with any Member, committee, or subcommittee
of the Congress as described in paragraph (1).
SEC. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
SEC. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication, radio,
television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the
Congress itself.
SEC. 716. None of the funds appropriated by this or any other
Act may be used by an agency to provide a Federal employee’s
home address to any labor organization except when the employee
has authorized such disclosure or when such disclosure has been
ordered by a court of competent jurisdiction.
SEC. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information such

H. R. 2029—236
as mailing, telephone or electronic mailing lists to any person
or any organization outside of the Federal Government without
the approval of the Committees on Appropriations of the House
of Representatives and the Senate.
SEC. 718. No part of any appropriation contained in this or
any other Act shall be used directly or indirectly, including by
private contractor, for publicity or propaganda purposes within
the United States not heretofore authorized by Congress.
SEC. 719. (a) In this section, the term ‘‘agency’’—
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under section
102 of such title, the Postal Service, and the Postal Regulatory
Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official duties.
An employee not under a leave system, including a Presidential
appointee exempted under 5 U.S.C. 6301(2), has an obligation to
expend an honest effort and a reasonable proportion of such
employee’s time in the performance of official duties.
SEC. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.
SEC. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ‘‘General Services
Administration, Government-wide Policy’’ with the approval of the
Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided,
That these funds shall be administered by the Administrator of
General Services to support Government-wide and other multiagency financial, information technology, procurement, and other
management innovations, initiatives, and activities, including
improving coordination and reducing duplication, as approved by
the Director of the Office of Management and Budget, in consultation with the appropriate interagency and multi-agency groups
designated by the Director (including the President’s Management
Council for overall management improvement initiatives, the Chief
Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human
capital initiatives, the Chief Acquisition Officers Council for procurement initiatives, and the Performance Improvement Council for
performance improvement initiatives): Provided further, That the
total funds transferred or reimbursed shall not exceed $15,000,000
to improve coordination, reduce duplication, and for other activities
related to Federal Government Priority Goals established by 31
U.S.C. 1120, and not to exceed $17,000,000 for Government-Wide
innovations, initiatives, and activities: Provided further, That the
funds transferred to or for reimbursement of ‘‘General Services
Administration, Government-wide Policy’’ during fiscal year 2016
shall remain available for obligation through September 30, 2017:

H. R. 2029—237
Provided further, That such transfers or reimbursements may only
be made after 15 days following notification of the Committees
on Appropriations of the House of Representatives and the Senate
by the Director of the Office of Management and Budget.
SEC. 722. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building
or on Federal property, if the woman and her child are otherwise
authorized to be present at the location.
SEC. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by this
or any other Act shall be available for the interagency funding
of specific projects, workshops, studies, and similar efforts to carry
out the purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit multiple
Federal departments, agencies, or entities: Provided, That the Office
of Management and Budget shall provide a report describing the
budget of and resources connected with the National Science and
Technology Council to the Committees on Appropriations, the House
Committee on Science and Technology, and the Senate Committee
on Commerce, Science, and Transportation 90 days after enactment
of this Act.
SEC. 724. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving
the distribution of Federal funds shall comply with any relevant
requirements in part 200 of title 2, Code of Federal Regulations:
Provided, That this section shall apply to direct payments, formula
funds, and grants received by a State receiving Federal funds.
SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY MONITORING
OF INDIVIDUALS’ INTERNET USE.—None of the funds made available
in this or any other Act may be used by any Federal agency—
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable information relating to an individual’s access to or use
of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual’s access to or use of any nongovernmental Internet
site.
(b) EXCEPTIONS.—The limitations established in subsection (a)
shall not apply to—
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and
is necessarily incident to providing the Internet site services
or to protecting the rights or property of the provider of the
Internet site.
(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law.

H. R. 2029—238
(2) The term ‘‘supervisory’’ means examinations of the
agency’s supervised institutions, including assessing safety and
soundness, overall financial condition, management practices
and policies and compliance with applicable standards as provided in law.
SEC. 726. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract
also includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with—
(1) any of the following religious plans:
(A) Personal Care’s HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses
to prescribe or otherwise provide for contraceptives because such
activities would be contrary to the individual’s religious beliefs
or moral convictions.
(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.
SEC. 727. 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 sport through
testing, adjudication, education, and research as performed by
nationally recognized oversight authorities.
SEC. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies
may be used by such departments and agencies, if consistent with
Office of Management and Budget Circular A–126 regarding official
travel for Government personnel, to participate in the fractional
aircraft ownership pilot program.
SEC. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the
Office of Personnel Management to add sections 300.311 through
300.316 to part 300 of title 5 of the Code of Federal Regulations,
published in the Federal Register, volume 68, number 174, on
September 9, 2003 (relating to the detail of executive branch
employees to the legislative branch).
SEC. 730. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations
of the House of Representatives and the Senate, except that the
Federal Law Enforcement Training Center is authorized to obtain
the temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
SEC. 731. Unless otherwise authorized by existing law, none
of the funds provided in this or any other Act may be used by
an executive branch agency to produce any prepackaged news story

H. R. 2029—239
intended for broadcast or distribution in the United States, unless
the story includes a clear notification within the text or audio
of the prepackaged news story that the prepackaged news story
was prepared or funded by that executive branch agency.
SEC. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United States
Code (popularly known as the Privacy Act), and regulations implementing that section.
SEC. 733. (a) IN GENERAL.—None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation
under section 835(b) of the Homeland Security Act of 2002 (6
U.S.C. 395(b)) or any subsidiary of such an entity.
(b) WAIVERS.—
(1) IN GENERAL.—Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) EXCEPTION.—This section shall not apply to any Federal
Government contract entered into before the date of the enactment
of this Act, or to any task order issued pursuant to such contract.
SEC. 734. During fiscal year 2016, for each employee who—
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
5, United States Code; or
(2) retires under any other provision of subchapter III
of chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability Fund
an amount equal to the Office of Personnel Management’s
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall
be deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
SEC. 735. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of the
following information as a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate
for election for Federal office or to a political committee, or
that is otherwise made with respect to any election for Federal
office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any person
with the intent or the reasonable expectation that the person
will use the funds to make a payment described in paragraph
(1).
(b) In this section, each of the terms ‘‘contribution’’, ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘electioneering communication’’,
‘‘candidate’’, ‘‘election’’, and ‘‘Federal office’’ has the meaning given

H. R. 2029—240
such term in the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.).
SEC. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait of
an officer or employee of the Federal government, including the
President, the Vice President, a member of Congress (including
a Delegate or a Resident Commissioner to Congress), the head
of an executive branch agency (as defined in section 133 of title
41, United States Code), or the head of an office of the legislative
branch.
SEC. 737. (a)(1) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of any
of the funds appropriated for fiscal year 2016, by this or any
other Act, may be used to pay any prevailing rate employee
described in section 5342(a)(2)(A) of title 5, United States Code—
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2016, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2016, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A)
by more than the sum of—
(i) the percentage adjustment taking effect in fiscal
year 2016 under section 5303 of title 5, United States
Code, in the rates of pay under the General Schedule;
and
(ii) the difference between the overall average percentage of the locality-based comparability payments taking
effect in fiscal year 2016 under section 5304 of such title
(whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in
the previous fiscal year under such section.
(2) Notwithstanding any other provision of law, no prevailing
rate employee described in subparagraph (B) or (C) of section
5342(a)(2) of title 5, United States Code, and no employee covered
by section 5348 of such title, may be paid during the periods
for which paragraph (1) is in effect at a rate that exceeds the
rates that would be payable under paragraph (1) were paragraph
(1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to
an employee who is covered by this subsection and who is paid
from a schedule not in existence on September 30, 2015, shall
be determined under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium pay for employees subject to this subsection may not be
changed from the rates in effect on September 30, 2015, except
to the extent determined by the Office of Personnel Management
to be consistent with the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2015.

H. R. 2029—241
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires
any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the
rate of salary or basic pay payable after the application of this
subsection shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit
or require the payment to any employee covered by this subsection
at a rate in excess of the rate that would be payable were this
subsection not in effect.
(8) The Office of Personnel Management may provide for exceptions to the limitations imposed by this subsection if the Office
determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2016 under sections 5344 and 5348 of title 5, United
States Code, shall be—
(1) not less than the percentage received by employees
in the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303
and 5304 of title 5, United States Code: Provided, That prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay locality
designated as ‘‘Rest of United States’’ pursuant to section 5304
of title 5, United States Code, for purposes of this subsection;
and
(2) effective as of the first day of the first applicable pay
period beginning after September 30, 2015.
SEC. 738. (a) The Vice President may not receive a pay raise
in calendar year 2016, notwithstanding the rate adjustment made
under section 104 of title 3, United States Code, or any other
provision of law.
(b) An employee serving in an Executive Schedule position,
or in a position for which the rate of pay is fixed by statute
at an Executive Schedule rate, may not receive a pay rate increase
in calendar year 2016, notwithstanding schedule adjustments made
under section 5318 of title 5, United States Code, or any other
provision of law, except as provided in subsection (g), (h), or (i).
This subsection applies only to employees who are holding a position
under a political appointment.
(c) A chief of mission or ambassador at large may not receive
a pay rate increase in calendar year 2016, notwithstanding section
401 of the Foreign Service Act of 1980 (Public Law 96–465) or
any other provision of law, except as provided in subsection (g),
(h), or (i).
(d) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, a pay rate increase may not be received in calendar
year 2016 (except as provided in subsection (g), (h), or (i)) by—
(1) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above level IV of the Executive
Schedule; or

H. R. 2029—242
(2) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above level
IV of the Executive Schedule.
(e) Any employee paid a rate of basic pay (including any localitybased payments under section 5304 of title 5, United States Code,
or similar authority) at or above level IV of the Executive Schedule
who serves under a political appointment may not receive a pay
rate increase in calendar year 2016, notwithstanding any other
provision of law, except as provided in subsection (g), (h), or (i).
This subsection does not apply to employees in the General Schedule
pay system or the Foreign Service pay system, or to employees
appointed under section 3161 of title 5, United States Code, or
to employees in another pay system whose position would be classified at GS–15 or below if chapter 51 of title 5, United States
Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under applicable law.
(g) A career appointee in the Senior Executive Service who
receives a Presidential appointment and who makes an election
to retain Senior Executive Service basic pay entitlements under
section 3392 of title 5, United States Code, is not subject to this
section.
(h) A member of the Senior Foreign Service who receives a
Presidential appointment to any position in the executive branch
and who makes an election to retain Senior Foreign Service pay
entitlements under section 302(b) of the Foreign Service Act of
1980 (Public Law 96–465) is not subject to this section.
(i) Notwithstanding subsections (b) through (e), an employee
in a covered position may receive a pay rate increase upon an
authorized movement to a different covered position with higherlevel duties and a pre-established higher level or range of pay,
except that any such increase must be based on the rates of pay
and applicable pay limitations in effect on December 31, 2013.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period
of time subject to this section, the initial pay rate shall be based
on the rates of pay and applicable pay limitations in effect on
December 31, 2013.
(k) If an employee affected by subsections (b) through (e) is
subject to a biweekly pay period that begins in calendar year
2016 but ends in calendar year 2017, the bar on the employee’s
receipt of pay rate increases shall apply through the end of that
pay period.
SEC. 739. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any other
appropriations Act shall submit annual reports to the Inspector
General or senior ethics official for any entity without an Inspector
General, regarding the costs and contracting procedures related
to each conference held by any such department, agency, board,
commission, or office during fiscal year 2016 for which the cost
to the United States Government was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period—
(1) a description of its purpose;
(2) the number of participants attending;

H. R. 2029—243
(3) a detailed statement of the costs to the United States
Government, including—
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and
from the conference; and
(D) a discussion of the methodology used to determine
which costs relate to the conference; and
(4) a description of the contracting procedures used
including—
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted by
the departmental component or office in evaluating potential contractors for the conference.
(c) Within 15 days of the date of a conference held by any
Executive branch department, agency, board, commission, or office
funded by this or any other appropriations Act during fiscal year
2016 for which the cost to the United States Government was
more than $20,000, the head of any such department, agency,
board, commission, or office shall notify the Inspector General or
senior ethics official for any entity without an Inspector General,
of the date, location, and number of employees attending such
conference.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to
the purpose for which the grant or contract was awarded, such
as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded
by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M–12–12 dated May 11, 2012 or any subsequent
revisions to that memorandum.
SEC. 740. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate, or
reduce funding for a program, project, or activity as proposed in
the President’s budget request for a fiscal year until such proposed
change is subsequently enacted in an appropriation Act, or unless
such change is made pursuant to the reprogramming or transfer
provisions of this or any other appropriations Act.
SEC. 741. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or apply
the rule entitled ‘‘Competitive Area’’ published by the Office of
Personnel Management in the Federal Register on April 15, 2008
(73 Fed. Reg. 20180 et seq.).
SEC. 742. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce
a study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal
employees pursuant to Office of Management and Budget Circular
A–76 or any other administrative regulation, directive, or policy.
SEC. 743. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for

H. R. 2029—244
a contract, grant, or cooperative agreement with an entity that
requires employees or contractors of such entity seeking to report
fraud, waste, or abuse to sign internal confidentiality agreements
or statements prohibiting or otherwise restricting such employees
or contractors from lawfully reporting such waste, fraud, or abuse
to a designated investigative or law enforcement representative
of a Federal department or agency authorized to receive such
information.
(b) The limitation in subsection (a) shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
SEC. 744. (a) No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement does
not contain the following provisions: ‘‘These provisions are consistent with and do not supersede, conflict with, or otherwise alter
the employee obligations, rights, or liabilities created by existing
statute or Executive order relating to (1) classified information,
(2) communications to Congress, (3) the reporting to an Inspector
General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial
and specific danger to public health or safety, or (4) any other
whistleblower protection. The definitions, requirements, obligations,
rights, sanctions, and liabilities created by controlling Executive
orders and statutory provisions are incorporated into this agreement
and are controlling.’’: Provided, That notwithstanding the preceding
provision of this section, a nondisclosure policy form or agreement
that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified
information received in the course of such activity unless specifically
authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress, or to an authorized official of an executive
agency or the Department of Justice, that are essential to reporting
a substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented
and enforced notwithstanding subsection (a) if it complies with
the requirements for such agreement that were in effect when
the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into during
fiscal year 2014 which does not contain substantially similar language to that required in subsection (a).
SEC. 745. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation that
has any unpaid Federal tax liability that has been assessed, for
which all judicial and administrative remedies have been exhausted
or have lapsed, and that is not being paid in a timely manner

H. R. 2029—245
pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of
the unpaid tax liability, unless a Federal agency has considered
suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the
interests of the Government.
SEC. 746. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation that
was convicted of a felony criminal violation under any Federal
law within the preceding 24 months, where the awarding agency
is aware of the conviction, unless a Federal agency has considered
suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the
interests of the Government.
SEC. 747. (a) The Act entitled ‘‘An Act providing for the incorporation of certain persons as Group Hospitalization and Medical
Services, Inc.’’, approved August 11, 1939 (53 Stat. 1412), is
amended—
(1) by redesignating section 11 as section 12; and
(2) by inserting after section 10 the following:
‘‘SEC. 11. The surplus of the corporation is for the benefit
and protection of all of its certificate holders and shall be available
for the satisfaction of all obligations of the corporation regardless
of the jurisdiction in which such surplus originated or such obligations arise. The corporation shall not divide, attribute, distribute,
or reduce its surplus pursuant to any statute, regulation, or order
of any jurisdiction without the express agreement of the District
of Columbia, Maryland, and Virginia—
‘‘(1) that the entire surplus of the corporation is excessive;
and
‘‘(2) to any plan for reduction or distribution of surplus.’’.
(b) The amendments made by subsection (a) shall apply with
respect to the surplus of Group Hospitalization and Medical Services, Inc. for any year after 2011.
SEC. 748. (a) During fiscal year 2016, on the date on which
a request is made for a transfer of funds in accordance with section
1017 of Public Law 111–203, the Bureau of Consumer Financial
Protection shall notify the Committees on Appropriations of the
House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Committee
on Banking, Housing, and Urban Affairs of the Senate of such
request.
(b) Any notification required by this section shall be made
available on the Bureau’s public Web site.
SEC. 749. (a) Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the President may award the
Medal of Honor under section 3741 of such title to Charles S.
Kettles for the acts of valor during the Vietnam War described
in subsection (b).
(b) The acts of valor referred to in subsection (a) are the
actions of Charles S. Kettles during combat operations on May
15, 1967, while serving as Flight Commander, 176th Aviation Company, 14th Aviation Battalion, Task Force Oregon, Republic of

H. R. 2029—246
Vietnam, for which he was previously awarded the Distinguished
Service Cross.
SEC. 750. (a) None of the funds made available under this
or any other Act may be used to—
(1) implement, administer, carry out, modify, revise, or
enforce Executive Order 13690, entitled ‘‘Establishing a Federal
Flood Risk Management Standard and a Process for Further
Soliciting and Considering Stakeholder Input’’ (issued January
30, 2015), other than for—
(A) acquiring, managing, or disposing of Federal lands
and facilities;
(B) providing federally undertaken, financed, or
assisted construction or improvements; or
(C) conducting Federal activities or programs affecting
land use, including water and related land resources planning, regulating, and licensing activities;
(2) implement Executive Order 13690 in a manner that
modifies the non-grant components of the National Flood Insurance Program; or
(3) apply Executive Order 13690 or the Federal Flood Risk
Management Standard by any component of the Department
of Defense, including the Army Corps of Engineers in a way
that changes the ‘‘floodplain’’ considered when determining
whether or not to issue a Department of the Army permit
under section 404 of the Clean Water Act or section 10 of
the Rivers and Harbors Act.
(b) Subsection (a) of this section shall not be in effect during
the period beginning on October 1, 2016 and ending on September
30, 2017.
SEC. 751. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in any title other than title IV or VIII
shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS—DISTRICT OF COLUMBIA
(INCLUDING TRANSFERS OF FUNDS)

SEC. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia
government.
SEC. 802. None of the Federal funds provided in this Act shall
be used 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. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and District
government agencies, that remain available for obligation or
expenditure in fiscal year 2016, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which—
(1) creates new programs;

H. R. 2029—247
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of
$3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned
to a specific program, project or responsibility center,
unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of local
funds under this title through November 7, 2016.
SEC. 804. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries, expenses,
or other costs associated with the offices of United States Senator
or United States Representative under section 4(d) of the District
of Columbia Statehood Constitutional Convention Initiatives of 1979
(D.C. Law 3–171; D.C. Official Code, sec. 1–123).
SEC. 805. Except as otherwise provided in this section, none
of the funds made available by this Act or by any other Act may
be used to provide any officer or employee of the District of
Columbia with an official vehicle unless the officer or employee
uses the vehicle only in the performance of the officer’s or employee’s
official duties. For purposes of this section, the term ‘‘official duties’’
does not include travel between the officer’s or employee’s residence
and workplace, except in the case of—
(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise
designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) at the discretion of the Director of the Department
of Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical Examiner
who resides in the District of Columbia and is on call 24
hours a day;
(5) at the discretion of the Director of the Homeland Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management Agency who resides in the District of Columbia and
is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of Columbia.
SEC. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to provide

H. R. 2029—248
assistance for any petition drive or civil action which seeks to
require Congress to provide for voting representation in Congress
for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
SEC. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the purpose
of preventing the spread of blood borne pathogens in any location
that has been determined by the local public health or local law
enforcement authorities to be inappropriate for such distribution.
SEC. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from addressing
the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation
enacted on such issue should include a ‘‘conscience clause’’ which
provides exceptions for religious beliefs and moral convictions.
SEC. 809. (a) None of the Federal funds contained in this
Act may be used to enact or carry out any law, rule, or regulation
to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative.
(b) None of the funds contained in this Act may be used to
enact any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of
any schedule I substance under the Controlled Substances Act
(21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative
for recreational purposes.
SEC. 810. None of the funds appropriated under this Act shall
be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
SEC. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council of the District of Columbia,
a revised appropriated funds operating budget in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District
of Columbia government for fiscal year 2016 that is in the total
amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which the
Chief Financial Officer for the District of Columbia certifies that
a reallocation is required to address unanticipated changes in program requirements.
SEC. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for the District
of Columbia shall submit to the appropriate committees of Congress,
the Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia
Public Schools that aligns schools budgets to actual enrollment.
The revised appropriated funds budget shall be in the format of

H. R. 2029—249
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1–204.42).
SEC. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia’s enterprise
and capital funds and such amounts, once transferred, shall retain
appropriation authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds transferred or reprogrammed in this or the four prior fiscal years from
operating funds to capital funds, and such amounts, once transferred or reprogrammed, shall retain appropriation authority consistent with the provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds,
notes, or other obligations issued for capital projects.
SEC. 814. None of the Federal funds appropriated in this Act
shall remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2016 from appropriations of Federal funds made available for salaries and expenses
for fiscal year 2016 in this Act, shall remain available through
September 30, 2017, for each such account for the purposes authorized: Provided, That a request shall be submitted to the Committees
on Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds: Provided further,
That these requests shall be made in compliance with reprogramming guidelines outlined in section 803 of this Act.
SEC. 816. (a) During fiscal year 2017, during a period in which
neither a District of Columbia continuing resolution or a regular
District of Columbia appropriation bill is in effect, local funds
are appropriated in the amount provided for any project or activity
for which local funds are provided in the Fiscal Year 2017 Budget
Request Act of 2016 as submitted to Congress (subject to any
modifications enacted by the District of Columbia as of the beginning of the period during which this subsection is in effect) at
the rate set forth by such Act.
(b) Appropriations made by subsection (a) shall cease to be
available—
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2017 is in effect; or
(2) upon the enactment into law of the regular District
of Columbia appropriation bill for fiscal year 2017.
(c) An appropriation made by subsection (a) is provided under
the authority and conditions as provided under this Act and shall
be available to the extent and in the manner that would be provided
by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2017 for which this section applies
to such project or activity.
(e) This section shall not apply to a project or activity during
any period of fiscal year 2017 if any other provision of law (other
than an authorization of appropriations)—

H. R. 2029—250
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect obligations
of the government of the District of Columbia mandated by other
law.
SEC. 817. (a) This section may be cited as the ‘‘D.C. Opportunity
Scholarship Program School Certification Requirements Act’’.
(b) Section 3007(a) of the Scholarships for Opportunity and
Results Act (Public Law 112–10; 125 Stat. 203) is amended—
(1) in paragraph (4)—
(A) in subparagraph (E), by striking ‘‘and’’ after the
semicolon;
(B) in subparagraph (F), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(G)(i) is provisionally or fully accredited by a national
or regional accrediting agency that is recognized in the
District of Columbia School Reform Act of 1995 (sec. 38–
1802.02(16)(A)–(G), D.C. Official Code) or any other accrediting body deemed appropriate by the Office of the State
Superintendent for Schools for the purposes of accrediting
an elementary or secondary school; or
‘‘(ii) in the case of a school that is a participating
school as of the day before the date of enactment
of the D.C. Opportunity Scholarship Program School
Certification Requirements Act and, as of such day,
does not meet the requirements of clause (i)—
‘‘(I) by not later than 1 year after such date
of enactment, is pursuing accreditation by a
national or regional accrediting agency recognized
in the District of Columbia School Reform Act
of 1995 (sec. 38–1802.02(16)(A)–(G), D.C. Official
Code) or any other accrediting body deemed appropriate by the Office of the State Superintendent
for Schools for the purposes of accrediting an
elementary or secondary school; and
‘‘(II) by not later than 5 years after such date
of enactment, is provisionally or fully accredited
by such accrediting agency, except that an eligible
entity may grant not more than one 1-year extension to meet this requirement for each participating school that provides evidence to the eligible
entity from such accrediting agency that the
school’s application for accreditation is in process
and the school will be awarded accreditation before
the end of the 1-year extension period;
‘‘(H) conducts criminal background checks on school
employees who have direct and unsupervised interaction
with students; and
‘‘(I) complies with all requests for data and information
regarding the reporting requirements described in section
3010.’’; and

H. R. 2029—251
(2) by adding at the end the following:
‘‘(5) NEW PARTICIPATING SCHOOLS.—If a school is not a
participating school as of the date of enactment of the D.C.
Opportunity Scholarship Program School Certification Requirements Act, the school shall not become a participating school
and none of the funds provided under this division for opportunity scholarships may be used by an eligible student to enroll
in that school unless the school—
‘‘(A) is actively pursuing provisional or full accreditation by a national or regional accrediting agency that is
recognized in the District of Columbia School Reform Act
of 1995 (sec. 38–1802.02(16)(A)–(G), D.C. Official Code)
or any other accrediting body deemed appropriate by the
Office of the State Superintendent for Schools for the purposes of accrediting an elementary or secondary school;
and
‘‘(B) meets all of the other requirements for participating schools under this Act.
‘‘(6) ENROLLING IN ANOTHER SCHOOL.—An eligible entity
shall assist the parents of a participating eligible student in
identifying, applying to, and enrolling in an another participating school for which opportunity scholarship funds may be
used, if—
‘‘(A) such student is enrolled in a participating private
school and may no longer use opportunity scholarship funds
for enrollment in that participating private school because
such school fails to meet a requirement under paragraph
4, or any other requirement of this Act; or
‘‘(B) a participating eligible student is enrolled in a
school that ceases to be a participating school.’’.
(c) REPORT TO ELIGIBLE ENTITIES.—Section 3010 of the Scholarships for Opportunity and Results Act (Public Law 112–10; 125
Stat. 203) is further amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
‘‘(d) REPORTS TO ELIGIBLE ENTITIES.—The eligible entity
receiving funds under section 3004(a) shall ensure that each participating school under this division submits to the eligible entity
beginning not later than 5 years after the date of the enactment
of the D.C. Opportunity Scholarship Program School Certification
Requirements Act, a certification that the school has been awarded
provisional or full accreditation, or has been granted an extension
by the eligible entity in accordance with section 3007(a)(4)(G).’’.
(d) Unless specifically provided otherwise, this section, and
the amendments made by this section, shall take effect 1 year
after the date of enactment of this Act.
SEC. 818. Subparagraph (G) of section 3(c)(2) of the District
of Columbia College Access Act of 1999 (Public Law 106–98), as
amended, is further amended:
(1) by inserting after ‘‘(G)’’, ‘‘(i) for individuals who began
an undergraduate course of study prior to school year 2015–
2016,’’; and
(2) by inserting the following before the period at the
end: ‘‘and (ii) for individuals who begin an undergraduate course
of study in or after school year 2016–2017, is from a family
with a taxable annual income of less than $750,000. Beginning
with school year 2017–2018, the Mayor shall adjust the

H. R. 2029—252
amounts in clauses (i) and (ii) for inflation, as measured by
the percentage increase, if any, from the preceding fiscal year
in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics of the Department
of Labor’’.
SEC. 819. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in this title or in title IV shall be treated
as referring only to the provisions of this title or of title IV.
This division may be cited as the ‘‘Financial Services and General Government Appropriations Act, 2016’’.
DIVISION F—DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
OFFICE

OF THE

SECRETARY

AND

EXECUTIVE MANAGEMENT

For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive management of
the Department of Homeland Security, as authorized by law,
$137,466,000: Provided, That not to exceed $45,000 shall be for
official reception and representation expenses: Provided further,
That all official costs associated with the use of government aircraft
by Department of Homeland Security personnel to support official
travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Immediate Office of the Secretary and the Immediate Office of the Deputy Secretary: Provided
further, That not later than 30 days after the date of enactment
of this Act, the Secretary of Homeland Security shall submit to
the Committees on Appropriations of the Senate and the House
of Representatives, the Committees on the Judiciary of the Senate
and the House of Representatives, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives,
the comprehensive plan for implementation of the biometric entry
and exit data system as required under this heading in Public
Law 114–4 and a report on visa overstay data by country as
required by section 1376 of title 8, United States Code: Provided
further, That the report on visa overstay data shall also include—
(1) overstays from all nonimmigrant visa categories under
the immigration laws, delineated by each of the classes and
sub-classes of such categories; and
(2) numbers as well as rates of overstays for each class
and sub-class of such nonimmigrant categories on a per-country
basis:
Provided further, That of the funds provided under this heading,
$13,000,000 shall be withheld from obligation for the Office of
the Secretary and Executive Management until both the comprehensive plan and the report are submitted.
OFFICE

OF THE

UNDER SECRETARY

FOR

MANAGEMENT

For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701 through 705 of

H. R. 2029—253
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$196,810,000, of which not to exceed $2,000 shall be for official
reception and representation expenses: Provided, That of the total
amount made available under this heading, $4,456,000 shall remain
available until September 30, 2017, solely for the alteration and
improvement of facilities, tenant improvements, and relocation costs
to consolidate Department headquarters operations at the Nebraska
Avenue Complex; and $7,778,000 shall remain available until September 30, 2017, for the Human Resources Information Technology
program: Provided further, That the Under Secretary for Management shall include in the President’s budget proposal for fiscal
year 2017, submitted pursuant to section 1105(a) of title 31, United
States Code, a Comprehensive Acquisition Status Report, which
shall include the information required under the heading ‘‘Office
of the Under Secretary for Management’’ under title I of division
D of the Consolidated Appropriations Act, 2012 (Public Law 112–
74), and shall submit quarterly updates to such report not later
than 45 days after the completion of each quarter.
OFFICE

OF THE

CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), $56,420,000: Provided, That the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
at the time the President’s budget proposal for fiscal year 2017
is submitted pursuant to section 1105(a) of title 31, United States
Code, the Future Years Homeland Security Program, as authorized
by section 874 of Public Law 107–296 (6 U.S.C. 454).
OFFICE

OF THE

CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), and Department-wide technology investments, $309,976,000; of which $109,957,000 shall be available for
salaries and expenses; and of which $200,019,000, to remain available until September 30, 2017, shall be available for development
and acquisition of information technology equipment, software, services, and related activities for the Department of Homeland Security.
ANALYSIS

AND

OPERATIONS

For necessary expenses for intelligence analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $264,714,000; of which
not to exceed $3,825 shall be for official reception and representation
expenses; of which not to exceed $2,000,000 is available for facility
needs associated with secure space at fusion centers, including
improvements to buildings; and of which $111,021,000 shall remain
available until September 30, 2017.
OFFICE

OF INSPECTOR

GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978

H. R. 2029—254
(5 U.S.C. App.), $137,488,000; of which not to exceed $300,000
may be used for certain confidential operational expenses, including
the payment of informants, to be expended at the direction of
the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. CUSTOMS

AND

BORDER PROTECTION

SALARIES AND EXPENSES

For necessary expenses for enforcement of laws relating to
border security, immigration, customs, agricultural inspections and
regulatory activities related to plant and animal imports, and
transportation of unaccompanied minor aliens; purchase and lease
of up to 7,500 (6,500 for replacement only) police-type vehicles;
and contracting with individuals for personal services abroad;
$8,628,902,000; of which $3,274,000 shall be derived from the
Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant
to section 9505(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
$30,000,000 shall be available until September 30, 2017, solely
for the purpose of recruiting, hiring, training, and equipping law
enforcement officers and Border Patrol agents; of which not to
exceed $34,425 shall be for official reception and representation
expenses; of which such sums as become available in the Customs
User Fee Account, except sums subject to section 13031(f)(3) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(f)(3)), shall be derived from that account; of which not
to exceed $150,000 shall be available for payment for rental space
in connection with preclearance operations; and of which not to
exceed $1,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary
of Homeland Security: Provided, That of the amounts made available under this heading for Inspection and Detection Technology
Investments, $18,500,000 shall remain available until September
30, 2018: Provided further, That for fiscal year 2016, the overtime
limitation prescribed in section 5(c)(1) of the Act of February 13,
1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding
any other provision of law, none of the funds appropriated by
this Act shall be available to compensate any employee of U.S.
Customs and Border Protection for overtime, from whatever source,
in an amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or the
designee of the Secretary, to be necessary for national security
purposes, to prevent excessive costs, or in cases of immigration
emergencies: Provided further, That the Border Patrol shall maintain an active duty presence of not less than 21,370 full-time
equivalent agents protecting the borders of the United States in
the fiscal year.

H. R. 2029—255
AUTOMATION MODERNIZATION

For necessary expenses for U.S. Customs and Border Protection
for operation and improvement of automated systems, including
salaries and expenses, $829,460,000; of which $465,732,000 shall
remain available until September 30, 2018; and of which not less
than $151,184,000 shall be for the development of the Automated
Commercial Environment.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

For necessary expenses for border security fencing, infrastructure, and technology, $447,461,000; of which $273,931,000 shall
remain available until September 30, 2017, for operations and
maintenance; and of which $173,530,000 shall remain available
until September 30, 2018, for development and deployment.
AIR AND MARINE OPERATIONS

For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aerial systems,
the Air and Marine Operations Center, and other related equipment
of the air and marine program, including salaries and expenses,
operational training, and mission-related travel, the operations of
which include the following: the interdiction of narcotics and other
goods; the provision of support to Federal, State, and local agencies
in the enforcement or administration of laws enforced by the Department of Homeland Security; and, at the discretion of the Secretary
of Homeland Security, the provision of assistance to Federal, State,
and local agencies in other law enforcement and emergency humanitarian efforts; $802,298,000; of which $300,429,000 shall be available for salaries and expenses; and of which $501,869,000 shall
remain available until September 30, 2018: Provided, That no aircraft or other related equipment, with the exception of aircraft
that are one of a kind and have been identified as excess to
U.S. Customs and Border Protection requirements and aircraft that
have been damaged beyond repair, shall be transferred to any
other Federal agency, department, or office outside of the Department of Homeland Security during fiscal year 2016 without prior
notice to the Committees on Appropriations of the Senate and
the House of Representatives: Provided further, That funding made
available under this heading shall be available for customs expenses
when necessary to maintain or to temporarily increase operations
in Puerto Rico.
CONSTRUCTION AND FACILITIES MANAGEMENT

For necessary expenses to plan, acquire, construct, renovate,
equip, furnish, operate, manage, and maintain buildings, facilities,
and related infrastructure necessary for the administration and
enforcement of the laws relating to customs, immigration, and
border security, $340,128,000, to remain available until September
30, 2020.

H. R. 2029—256
U.S. IMMIGRATION

AND

CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations, including
intellectual property rights and overseas vetted units operations;
and purchase and lease of up to 3,790 (2,350 for replacement
only) police-type vehicles; $5,779,041,000; of which not to exceed
$10,000,000 shall be available until expended for conducting special
operations under section 3131 of the Customs Enforcement Act
of 1986 (19 U.S.C. 2081); of which not to exceed $11,475 shall
be for official reception and representation expenses; of which not
to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary
of Homeland Security; of which not less than $305,000 shall be
for promotion of public awareness of the child pornography tipline
and activities to counter child exploitation; of which not less than
$5,400,000 shall be used to facilitate agreements consistent with
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)); of which not to exceed $45,000,000, to remain available
until September 30, 2017, is for maintenance, construction, and
leasehold improvements at owned and leased facilities; and of which
not to exceed $11,216,000 shall be available to fund or reimburse
other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled aliens unlawfully
present in the United States: Provided, That of the total amount
made available under this heading, $100,000,000 shall be withheld
from obligation until the Director of U.S. Immigration and Customs
Enforcement submits to the Committees on Appropriations of the
Senate and the House of Representatives a report detailing the
number of full-time equivalent employees hired and lost through
attrition for the period beginning on October 1, 2015, and ending
on June 30, 2016: Provided further, That of the total amount made
available under this heading, $5,000,000 shall be withheld from
obligation until the Director of U.S. Immigration and Customs
Enforcement briefs the Committees on Appropriations of the Senate
and the House of Representatives on efforts to increase the number
of communities and law enforcement agencies participating in the
Priority Enforcement Program, including details as to the jurisdictions and law enforcement agencies approached and the level of
participation on a by-community basis: Provided further, That none
of the funds made available under this heading shall be available
to compensate any employee for overtime in an annual amount
in excess of $35,000, except that the Secretary of Homeland Security, or the designee of the Secretary, may waive that amount
as necessary for national security purposes and in cases of immigration emergencies: Provided further, That of the total amount provided, $15,770,000 shall be for activities to enforce laws against
forced child labor, of which not to exceed $6,000,000 shall remain
available until expended: Provided further, That of the total amount
available, not less than $1,600,000,000 shall be available to identify
aliens convicted of a crime who may be deportable, and to remove
them from the United States once they are judged deportable:
Provided further, That the Secretary of Homeland Security shall
prioritize the identification and removal of aliens convicted of a
crime by the severity of that crime: Provided further, That funding

H. R. 2029—257
made available under this heading shall maintain a level of not
less than 34,000 detention beds through September 30, 2016: Provided further, That of the total amount provided, not less than
$3,217,942,000 is for enforcement, detention, and removal operations, including transportation of unaccompanied minor aliens:
Provided further, That of the amount provided for Custody Operations in the previous proviso, $45,000,000 shall remain available
until September 30, 2020: Provided further, That of the total amount
provided for the Visa Security Program and international investigations, $13,300,000 shall remain available until September 30, 2017:
Provided further, That not less than $15,000,000 shall be available
for investigation of intellectual property rights violations, including
operation of the National Intellectual Property Rights Coordination
Center: Provided further, That none of the funds provided under
this heading may be used to continue a delegation of law enforcement authority authorized under section 287(g) of the Immigration
and Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland Security Inspector General determines that the terms of the
agreement governing the delegation of authority have been materially violated: Provided further, That none of the funds provided
under this heading may be used to continue any contract for the
provision of detention services if the two most recent overall
performance evaluations received by the contracted facility are less
than ‘‘adequate’’ or the equivalent median score in any subsequent
performance evaluation system: Provided further, That nothing
under this heading shall prevent U.S. Immigration and Customs
Enforcement from exercising those authorities provided under the
immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) during priority
operations pertaining to aliens convicted of a crime: Provided further, That without regard to the limitation as to time and condition
of section 503(d) of this Act, the Secretary may propose to reprogram
and transfer funds within and into this appropriation necessary
to ensure the detention of aliens prioritized for removal.
AUTOMATION MODERNIZATION

For expenses of immigration and customs enforcement automated systems, $53,000,000, to remain available until September
30, 2018.
TRANSPORTATION SECURITY ADMINISTRATION
AVIATION SECURITY

For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant
to the Aviation and Transportation Security Act (Public Law 107–
71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,719,437,000, to remain
available until September 30, 2017; of which not to exceed $7,650
shall be for official reception and representation expenses: Provided,
That any award to deploy explosives detection systems shall be
based on risk, the airport’s current reliance on other screening
solutions, lobby congestion resulting in increased security concerns,
high injury rates, airport readiness, and increased cost effectiveness:
Provided further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only

H. R. 2029—258
for aviation security: Provided further, That the sum appropriated
under this heading from the general fund shall be reduced on
a dollar-for-dollar basis as such offsetting collections are received
during fiscal year 2016 so as to result in a final fiscal year appropriation from the general fund estimated at not more than
$3,589,437,000: Provided further, That the funds deposited pursuant
to section 44945 of title 49, United States Code, that are currently
unavailable for obligation are hereby permanently cancelled: Provided further, That notwithstanding section 44923 of title 49, United
States Code, for fiscal year 2016, any funds in the Aviation Security
Capital Fund established by section 44923(h) of title 49, United
States Code, may be used for the procurement and installation
of explosives detection systems or for the issuance of other transaction agreements for the purpose of funding projects described
in section 44923(a) of such title: Provided further, That notwithstanding any other provision of law, for the current fiscal year
and each fiscal year hereafter, mobile explosives detection systems
purchased and deployed using funds made available under this
heading may be moved and redeployed to meet evolving passenger
and baggage screening security priorities at airports: Provided further, That none of the funds made available in this Act may be
used for any recruiting or hiring of personnel into the Transportation Security Administration that would cause the agency to
exceed a staffing level of 45,000 full-time equivalent screeners:
Provided further, That the preceding proviso shall not apply to
personnel hired as part-time employees: Provided further, That
not later than 90 days after the date of enactment of this Act,
the Secretary of Homeland Security shall submit to the Committees
on Appropriations of the Senate and the House of Representatives
a detailed report on—
(1) the Department of Homeland Security efforts and
resources being devoted to develop more advanced integrated
passenger screening technologies for the most effective security
of passengers and baggage at the lowest possible operating
and acquisition costs, including projected funding levels for
each fiscal year for the next 5 years or until project completion,
whichever is earlier;
(2) how the Transportation Security Administration is
deploying its existing passenger and baggage screener
workforce in the most cost-effective manner; and
(3) labor savings from the deployment of improved technologies for passenger and baggage screening, including highspeed baggage screening, and how those savings are being
used to offset security costs or reinvested to address security
vulnerabilities:
Provided further, That Members of the United States House of
Representatives and the United States Senate, including the leadership; the heads of Federal agencies and commissions, including
the Secretary, Deputy Secretary, Under Secretaries, and Assistant
Secretaries of the Department of Homeland Security; the United
States Attorney General, Deputy Attorney General, Assistant Attorneys General, and the United States Attorneys; and senior members
of the Executive Office of the President, including the Director
of the Office of Management and Budget, shall not be exempt
from Federal passenger and baggage screening.

H. R. 2029—259
SURFACE TRANSPORTATION SECURITY

For necessary expenses of the Transportation Security Administration related to surface transportation security activities,
$110,798,000, to remain available until September 30, 2017.
INTELLIGENCE AND VETTING

For necessary expenses for the development and implementation of intelligence and vetting activities, $236,693,000, to remain
available until September 30, 2017.
TRANSPORTATION SECURITY SUPPORT

For necessary expenses of the Transportation Security Administration related to transportation security support pursuant to the
Aviation and Transportation Security Act (Public Law 107–71; 115
Stat. 597; 49 U.S.C. 40101 note), $924,015,000, to remain available
until September 30, 2017.
COAST GUARD
OPERATING EXPENSES

For necessary expenses for the operations and maintenance
of the Coast Guard, not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be for
replacement only; purchase or lease of small boats for contingent
and emergent requirements (at a unit cost of no more than
$700,000) and repairs and service-life replacements, not to exceed
a total of $31,000,000; purchase or lease of boats necessary for
overseas deployments and activities; purchase or lease of other
equipment (at a unit cost of no more than $250,000); minor shore
construction projects not exceeding $1,000,000 in total cost on any
location; payments pursuant to section 156 of Public Law 97–
377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare;
$7,061,490,000, of which $500,002,000 shall be for defense-related
activities, of which $160,002,000 is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985; of which $24,500,000 shall
be derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(a)(5)); and of which not to exceed $23,000 shall
be for official reception and representation expenses: Provided, That
none of the funds made available by this Act shall be for expenses
incurred for recreational vessels under section 12114 of title 46,
United States Code, except to the extent fees are collected from
owners of yachts and credited to this appropriation: Provided further, That to the extent fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and
there is a backlog of recreational vessel applications, then personnel
performing non-recreational vessel documentation functions under
subchapter II of chapter 121 of title 46, United States Code, may
perform documentation under section 12114: Provided further, That
of the funds provided under this heading, $85,000,000 shall be
withheld from obligation for Coast Guard Headquarters Directorates
until a future-years capital investment plan for fiscal years 2017

H. R. 2029—260
through 2021, as specified under the heading ‘‘Coast Guard, Acquisition, Construction, and Improvements’’ of this Act, is submitted
to the Committees on Appropriations of the Senate and the House
of Representatives: Provided further, That funds made available
under this heading for Overseas Contingency Operations/Global
War on Terrorism may be allocated by program, project, and
activity, notwithstanding section 503 of this Act: Provided further,
That without regard to the limitation as to time and condition
of section 503(d) of this Act, after June 30, up to $10,000,000
may be reprogrammed to or from Military Pay and Allowances
in accordance with subsections (a), (b), and (c) of section 503.
ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter
19 of title 14, United States Code, $13,221,000, to remain available
until September 30, 2020.
RESERVE TRAINING

For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the Coast Guard reserve
program; personnel and training costs; and equipment and services;
$110,614,000.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels,
and aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease, and operation of facilities and equipment; as
authorized by law; $1,945,169,000; of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(a)(5)); and of which the following amounts shall
be available until September 30, 2020 (except as subsequently specified): $21,000,000 for military family housing; $1,264,400,000 to
acquire, effect major repairs to, renovate, or improve vessels, small
boats, and related equipment; $295,000,000 to acquire, effect major
repairs to, renovate, or improve aircraft or increase aviation capability; $65,100,000 for other acquisition programs; $181,600,000
for shore facilities and aids to navigation, including facilities at
Department of Defense installations used by the Coast Guard;
and $118,069,000, to remain available until September 30, 2016,
for personnel compensation and benefits and related costs: Provided,
That of the funds provided by this Act, not less than $640,000,000
shall be immediately available and allotted to contract for the
production of the ninth National Security Cutter notwithstanding
the availability of funds for post-production costs: Provided further,
That the Commandant of the Coast Guard shall submit to the
Congress, at the time the President’s budget proposal for fiscal
year 2017 is submitted pursuant to section 1105(a) of title 31,
United States Code, a future-years capital investment plan as
described in the second proviso under the heading ‘‘Coast Guard,
Acquisition, Construction, and Improvements’’ in the Department
of Homeland Security Appropriations Act, 2015 (Public Law 114–

H. R. 2029—261
4), which shall be subject to the requirements in the third and
fourth provisos under such heading.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by
law; $18,019,000, to remain available until September 30, 2018,
of which $500,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of the
Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That
there may be credited to and used for the purposes of this appropriation funds received from State and local governments, other public
authorities, private sources, and foreign countries for expenses
incurred for research, development, testing, and evaluation.
RETIRED PAY

For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments
under the Retired Serviceman’s Family Protection and Survivor
Benefits Plans, payment for career status bonuses, concurrent
receipts, and combat-related special compensation under the
National Defense Authorization Act, and payments for medical care
of retired personnel and their dependents under chapter 55 of
title 10, United States Code, $1,604,000,000, to remain available
until expended.
UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES

For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-type
use for replacement only; hire of passenger motor vehicles; purchase
of motorcycles made in the United States; hire of aircraft; services
of expert witnesses at such rates as may be determined by the
Director of the United States Secret Service; rental of buildings
in the District of Columbia, and fencing, lighting, guard booths,
and other facilities on private or other property not in Government
ownership or control, as may be necessary to perform protective
functions; payment of per diem or subsistence allowances to
employees in cases in which a protective assignment on the actual
day or days of the visit of a protectee requires an employee to
work 16 hours per day or to remain overnight at a post of duty;
conduct of and participation in firearms matches; presentation of
awards; travel of United States Secret Service employees on protective missions without regard to the limitations on such expenditures
in this or any other Act if approval is obtained in advance from
the Committees on Appropriations of the Senate and the House
of Representatives; research and development; grants to conduct
behavioral research in support of protective research and operations;
and payment in advance for commercial accommodations as may
be necessary to perform protective functions; $1,854,526,000; of
which not to exceed $19,125 shall be for official reception and
representation expenses; of which not to exceed $100,000 shall
be to provide technical assistance and equipment to foreign law

H. R. 2029—262
enforcement organizations in counterfeit investigations; of which
$2,366,000 shall be for forensic and related support of investigations
of missing and exploited children; of which $6,000,000 shall be
for a grant for activities related to investigations of missing and
exploited children and shall remain available until September 30,
2017; and of which not less than $12,000,000 shall be for activities
related to training in electronic crimes investigations and forensics:
Provided, That $18,000,000 for protective travel shall remain available until September 30, 2017: Provided further, That of the
amounts made available under this heading for security improvements at the White House complex, $8,200,000 shall remain available until September 30, 2017: Provided further, That $4,500,000
for National Special Security Events shall remain available until
expended: Provided further, That the United States Secret Service
is authorized to obligate funds in anticipation of reimbursements
from Federal agencies and entities, as defined in section 105 of
title 5, United States Code, for personnel receiving training sponsored by the James J. Rowley Training Center, except that total
obligations at the end of the fiscal year shall not exceed total
budgetary resources available under this heading at the end of
the fiscal year: Provided further, That none of the funds made
available under this heading shall be available to compensate any
employee for overtime in an annual amount in excess of $35,000,
except that the Secretary of Homeland Security, or the designee
of the Secretary, may waive that amount as necessary for national
security purposes: Provided further, That none of the funds made
available to the United States Secret Service by this Act or by
previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary
of Homeland Security: Provided further, That the Director of the
United States Secret Service may enter into an agreement to provide such protection on a fully reimbursable basis: Provided further,
That none of the funds made available to the United States Secret
Service by this Act or by previous appropriations Acts may be
obligated for the purpose of opening a new permanent domestic
or overseas office or location unless the Committees on Appropriations of the Senate and the House of Representatives are notified
15 days in advance of such obligation: Provided further, That for
purposes of section 503 of this Act, $15,000,000 or 10 percent,
whichever is less, may be reprogrammed between Protection of
Persons and Facilities and Domestic Field Operations.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES

For necessary expenses for acquisition, construction, repair,
alteration, and improvement of physical and technological infrastructure, $79,019,000, to remain available until September 30,
2018.

H. R. 2029—263
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
NATIONAL PROTECTION

AND

PROGRAMS DIRECTORATE

MANAGEMENT AND ADMINISTRATION

For the management and administration of the National Protection and Programs Directorate, and support for operations and
information technology, $62,132,000: Provided, That not to exceed
$3,825 shall be for official reception and representation expenses.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title
II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$1,291,000,000, of which $289,650,000 shall remain available until
September 30, 2017.
FEDERAL PROTECTIVE SERVICE

The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings
and for the operations of the Federal Protective Service: Provided,
That the Director of the Federal Protective Service shall submit
at the time the President’s budget proposal for fiscal year 2017
is submitted pursuant to section 1105(a) of title 31, United States
Code, a strategic human capital plan that aligns fee collections
to personnel requirements based on a current threat assessment.
OFFICE OF BIOMETRIC IDENTITY MANAGEMENT

For necessary expenses for the Office of Biometric Identity
Management, as authorized by section 7208 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b),
$282,473,000, of which $159,054,000 shall remain available until
September 30, 2018.
OFFICE

OF

HEALTH AFFAIRS

For necessary expenses of the Office of Health Affairs,
$125,369,000; of which $27,010,000 is for salaries and expenses
and $82,078,000 is for BioWatch operations: Provided, That of the
amount made available under this heading, $16,281,000 shall
remain available until September 30, 2017, for biosurveillance,
chemical defense, medical and health planning and coordination,
and workforce health protection.
FEDERAL EMERGENCY MANAGEMENT AGENCY
SALARIES AND EXPENSES

For necessary expenses of the Federal Emergency Management
Agency, $960,754,000, including activities authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.),
the Robert T. Stafford Disaster Relief and Emergency Assistance

H. R. 2029—264
Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire Assistance
Act of 2000 (division C, title I, 114 Stat. 583), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Defense
Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections
107 and 303 of the National Security Act of 1947 (50 U.S.C. 404,
405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the
National Dam Safety Program Act (33 U.S.C. 467 et seq.), the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the Implementing Recommendations of the 9/11 Commission Act of 2007
(Public Law 110–53), the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2201 et seq.), the Post-Katrina Emergency
Management Reform Act of 2006 (Public Law 109–295; 120 Stat.
1394), the Biggert-Waters Flood Insurance Reform Act of 2012
(Public Law 112–141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113–89): Provided,
That not to exceed $2,250 shall be for official reception and representation expenses: Provided further, That of the total amount
made available under this heading, $35,180,000 shall be for the
Urban Search and Rescue Response System, of which none is available for Federal Emergency Management Agency administrative
costs: Provided further, That of the total amount made available
under this heading, $27,500,000 shall remain available until September 30, 2017, for capital improvements and other expenses
related to continuity of operations at the Mount Weather Emergency
Operations Center: Provided further, That of the total amount made
available, $3,422,000 shall be for the Office of National Capital
Region Coordination.
STATE AND LOCAL PROGRAMS

For grants, contracts, cooperative agreements, and other activities, $1,500,000,000, which shall be allocated as follows:
(1) $467,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security
Act of 2002 (6 U.S.C. 605), of which $55,000,000 shall be
for Operation Stonegarden: Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2016,
the Commonwealth of Puerto Rico shall make available to
local and tribal governments amounts provided to the Commonwealth of Puerto Rico under this paragraph in accordance with
subsection (c)(1) of such section 2004.
(2) $600,000,000 shall be for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604), of which $20,000,000 shall be for organizations (as described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a)
of such code) determined by the Secretary of Homeland Security
to be at high risk of a terrorist attack.
(3) $100,000,000 shall be for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road
Bus Security Assistance under sections 1406, 1513, and 1532
of the Implementing Recommendations of the 9/11 Commission
Act of 2007 (Public Law 110–53; 6 U.S.C. 1135, 1163, and
1182), of which $10,000,000 shall be for Amtrak security and
$3,000,000 shall be for Over-the-Road Bus Security: Provided,
That such public transportation security assistance shall be
provided directly to public transportation agencies.

H. R. 2029—265
(4) $100,000,000 shall be for Port Security Grants in accordance with 46 U.S.C. 70107.
(5) $233,000,000 shall be to sustain current operations
for training, exercises, technical assistance, and other programs,
of which $162,991,000 shall be for training of State, local,
and tribal emergency response providers:
Provided, That for grants under paragraphs (1) through (4), applications for grants shall be made available to eligible applicants not
later than 60 days after the date of enactment of this Act, that
eligible applicants shall submit applications not later than 80 days
after the grant announcement, and the Administrator of the Federal
Emergency Management Agency shall act within 65 days after
the receipt of an application: Provided further, That notwithstanding
section 2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C.
609(a)(11)) or any other provision of law, a grantee may not use
more than 5 percent of the amount of a grant made available
under this heading for expenses directly related to administration
of the grant: Provided further, That for grants under paragraphs
(1) and (2), the installation of communications towers is not considered construction of a building or other physical facility: Provided
further, That grantees shall provide reports on their use of funds,
as determined necessary by the Secretary of Homeland Security:
Provided further, That notwithstanding section 509 of this Act,
the Administrator of the Federal Emergency Management Agency
may use the funds provided in paragraph (5) to acquire real property
for the purpose of establishing or appropriately extending the security buffer zones around Federal Emergency Management Agency
training facilities.
FIREFIGHTER ASSISTANCE GRANTS

For grants for programs authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), $690,000,000,
to remain available until September 30, 2017, of which $345,000,000
shall be available to carry out section 33 of that Act (15 U.S.C.
2229) and $345,000,000 shall be available to carry out section
34 of that Act (15 U.S.C. 2229a).
EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For emergency management performance grants, as authorized
by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), $350,000,000.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

The aggregate charges assessed during fiscal year 2016, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100
percent of the amounts anticipated by the Department of Homeland
Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided, That the methodology
for assessment and collection of fees shall be fair and equitable

H. R. 2029—266
and shall reflect costs of providing such services, including administrative costs of collecting such fees: Provided further, That fees
received under this heading shall be deposited in this account
as offsetting collections and will become available for authorized
purposes on October 1, 2016, and remain available until expended.
UNITED STATES FIRE ADMINISTRATION

For necessary expenses of the United States Fire Administration and for other purposes, as authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.),
$44,000,000.
DISASTER RELIEF FUND
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $7,374,693,000 to remain available until expended, of which
$24,000,000 shall be transferred to the Department of Homeland
Security Office of Inspector General for audits and investigations
related to disasters: Provided, That the reporting requirements
in paragraphs (1) and (2) under the heading ‘‘Federal Emergency
Management Agency, Disaster Relief Fund’’ in the Department
of Homeland Security Appropriations Act, 2015 (Public Law 114–
4) shall be applied in fiscal year 2016 with respect to budget
year 2017 and current fiscal year 2016, respectively, by substituting
‘‘fiscal year 2017’’ for ‘‘fiscal year 2016’’ in paragraph (1): Provided
further, That of the amount provided under this heading,
$6,712,953,000 shall be for major disasters declared pursuant to
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.): Provided further, That the amount
in the preceding proviso is designated by the Congress as being
for disaster relief pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM

For necessary expenses, including administrative costs, under
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), and under sections 100215, 100216, 100226, 100230, and
100246 of the Biggert-Waters Flood Insurance Reform Act of 2012,
(Public Law 112–141, 126 Stat. 916), $190,000,000, and such additional sums as may be provided by State and local governments
or other political subdivisions for cost-shared mapping activities
under section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain
available until expended.
NATIONAL FLOOD INSURANCE FUND

For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform
Act of 2012 (Public Law 112–141, 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 (Public Law 113–
89; 128 Stat. 1020), $181,198,000, which shall remain available

H. R. 2029—267
until September 30, 2017, and shall be derived from offsetting
amounts collected under section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which $25,299,000 shall
be available for salaries and expenses associated with flood management and flood insurance operations and $155,899,000 shall be
available for flood plain management and flood mapping: Provided,
That any additional fees collected pursuant to section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall
be credited as an offsetting collection to this account, to be available
for flood plain management and flood mapping: Provided further,
That in fiscal year 2016, no funds shall be available from the
National Flood Insurance Fund under section 1310 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4017) in excess of:
(1) $133,252,000 for operating expenses;
(2) $1,123,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102
of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)
and section 1366(e) of the National Flood Insurance Act of 1968
shall be deposited in the National Flood Insurance Fund to supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section
102(f)(8), section 1366(e), and paragraphs (1) through (3) of section
1367(b) of such Act (42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)–
(3)): Provided further, That total administrative costs shall not
exceed 4 percent of the total appropriation: Provided further, That
up to $5,000,000 is available to carry out section 24 of the Homeowner Flood Insurance Affordability Act of 2014 (42 U.S.C. 4033).
NATIONAL PREDISASTER MITIGATION FUND

For the predisaster mitigation grant program under section
203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), $100,000,000, to remain available until
expended.
EMERGENCY FOOD AND SHELTER

To carry out the Emergency Food and Shelter program pursuant to title III of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11331 et seq.), $120,000,000, to remain available until
expended: Provided, That total administrative costs shall not exceed
3.5 percent of the total amount made available under this heading:
Provided further, That if the President’s budget proposal for fiscal
year 2017, submitted pursuant to section 1105(a) of title 31, United
States Code, proposes to move the Emergency Food and Shelter
program from the Federal Emergency Management Agency to the
Department of Housing and Urban Development, or to fund such
program directly through the Department of Housing and Urban
Development, a joint transition plan from the Federal Emergency
Management Agency and the Department of Housing and Urban

H. R. 2029—268
Development shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives not later
than 90 days after the date the fiscal year 2017 budget is submitted
to Congress: Provided further, That such plan shall include details
on the transition of programmatic responsibilities, efforts to consult
with stakeholders, and mechanisms to ensure that the original
purpose of the program will be retained.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
UNITED STATES CITIZENSHIP

AND IMMIGRATION

SERVICES

For necessary expenses for citizenship and immigration services, $119,671,000 for the E-Verify Program, as described in section
403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), to assist United States
employers with maintaining a legal workforce: Provided, That notwithstanding any other provision of law, funds otherwise made
available to United States Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5
vehicles, for replacement only, for areas where the Administrator
of General Services does not provide vehicles for lease: Provided
further, That the Director of United States Citizenship and
Immigration Services may authorize employees who are assigned
to those areas to use such vehicles to travel between the employees’
residences and places of employment.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES

For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of Federal
law enforcement basic training; the purchase of not to exceed 117
vehicles for police-type use and hire of passenger motor vehicles;
expenses for student athletic and related activities; the conduct
of and participation in firearms matches and presentation of
awards; public awareness and enhancement of community support
of law enforcement training; room and board for student interns;
a flat monthly reimbursement to employees authorized to use personal mobile phones for official duties; and services as authorized
by section 3109 of title 5, United States Code; $217,485,000; of
which up to $38,981,000 shall remain available until September
30, 2017, for materials and support costs of Federal law enforcement
basic training; and of which not to exceed $7,180 shall be for
official reception and representation expenses: Provided, That the
Center is authorized to obligate funds in anticipation of reimbursements from agencies receiving training sponsored by the Center,
except that total obligations at the end of the fiscal year shall
not exceed total budgetary resources available at the end of the
fiscal year: Provided further, That section 1202(a) of Public Law
107–206 (42 U.S.C. 3771 note), as amended under this heading
in Public Law 114–4, is further amended by striking ‘‘December
31, 2017’’ and inserting ‘‘December 31, 2018’’: Provided further,
That the Director of the Federal Law Enforcement Training Center
shall schedule basic or advanced law enforcement training, or both,

H. R. 2029—269
at all four training facilities under the control of the Federal Law
Enforcement Training Center to ensure that such training facilities
are operated at the highest capacity throughout the fiscal year:
Provided further, That the Federal Law Enforcement Training
Accreditation Board, including representatives from the Federal
law enforcement community and non-Federal accreditation experts
involved in law enforcement training, shall lead the Federal law
enforcement training accreditation process to continue the
implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs, facilities, and instructors.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES

For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements,
and related expenses of the Federal Law Enforcement Training
Center, $27,553,000, to remain available until September 30, 2020:
Provided, That the Center is authorized to accept reimbursement
to this appropriation from government agencies requesting the
construction of special use facilities.
SCIENCE

AND

TECHNOLOGY

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary
for Science and Technology and for management and administration
of programs and activities, as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $131,531,000:
Provided, That not to exceed $7,650 shall be for official reception
and representation expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

For necessary expenses for science and technology research,
including advanced research projects, development, test and evaluation, acquisition, and operations as authorized by title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), and the
purchase or lease of not to exceed 5 vehicles, $655,407,000, to
remain available until September 30, 2018.
DOMESTIC NUCLEAR DETECTION OFFICE
MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Domestic Nuclear Detection
Office, as authorized by title XIX of the Homeland Security Act
of 2002 (6 U.S.C. 591 et seq.), for management and administration
of programs and activities, $38,109,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.

H. R. 2029—270
RESEARCH, DEVELOPMENT, AND OPERATIONS

For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $196,000,000, to
remain available until September 30, 2018.
SYSTEMS ACQUISITION

For necessary expenses for the Domestic Nuclear Detection
Office acquisition and deployment of radiological detection systems
in accordance with the global nuclear detection architecture,
$113,011,000, to remain available until September 30, 2018.
TITLE V
GENERAL PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

SEC. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this Act, may be merged
with funds in the applicable established accounts, and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
SEC. 503. (a) None of the funds provided by this Act, provided
by previous appropriations Acts to the agencies in or transferred
to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2016, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming of funds that—
(1) creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by the Congress;
(4) contracts out any function or activity presently performed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the President’s budget proposal for fiscal year 2016 for the Department
of Homeland Security;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces any program, project, or activity, or numbers
of personnel by 10 percent; or
(7) results from any general savings from a reduction in
personnel that would result in a change in existing programs,
projects, or activities as approved by the Congress, unless the
Committees on Appropriations of the Senate and the House
of Representatives are notified 15 days in advance of such
reprogramming of funds.
(b) Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Department of Homeland Security

H. R. 2029—271
by this Act or provided by previous appropriations Acts may be
transferred between such appropriations.
(c) Any transfer under this section shall be treated as a reprogramming of funds under subsection (a) and shall not be available for obligation unless the Committees on Appropriations of
the Senate and the House of Representatives are notified 15 days
in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations
based upon an initial notification provided after June 30, except
in extraordinary circumstances that imminently threaten the safety
of human life or the protection of property.
(e) The notification thresholds and procedures set forth in this
section shall apply to any use of deobligated balances of funds
provided in previous Department of Homeland Security Appropriations Acts.
SEC. 504. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103–
356 (31 U.S.C. 501 note), shall continue operations as a permanent
working capital fund for fiscal year 2016: Provided, That none
of the funds appropriated or otherwise made available to the Department of Homeland Security may be used to make payments to
the Working Capital Fund, except for the activities and amounts
allowed in the President’s fiscal year 2016 budget: Provided further,
That funds provided to the Working Capital Fund shall be available
for obligation until expended to carry out the purposes of the
Working Capital Fund: Provided further, That all Departmental
components shall be charged only for direct usage of each Working
Capital Fund service: Provided further, That funds provided to
the Working Capital Fund shall be used only for purposes consistent
with the contributing component: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed
at rates which will return the full cost of each service: Provided
further, That the Committees on Appropriations of the Senate and
the House of Representatives shall be notified of any activity added
to or removed from the fund: Provided further, That for any activity
added to the fund, the notification shall identify sources of funds
by program, project, and activity: Provided further, That the Chief
Financial Officer of the Department of Homeland Security shall
submit a quarterly execution report with activity level detail, not
later than 30 days after the end of each quarter.
SEC. 505. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2016, as recorded in the financial records
at the time of a reprogramming request, but not later than June
30, 2017, from appropriations for salaries and expenses for fiscal
year 2016 in this Act shall remain available through September
30, 2017, in the account and for the purposes for which the appropriations were provided: Provided, That prior to the obligation
of such funds, a request shall be submitted to the Committees
on Appropriations of the Senate and the House of Representatives
for approval in accordance with section 503 of this Act.
SEC. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2016 until the enactment of
an Act authorizing intelligence activities for fiscal year 2016.

H. R. 2029—272
SEC. 507. (a) Except as provided in subsections (b) and (c),
none of the funds made available by this Act may be used to—
(1) make or award a grant allocation, grant, contract, other
transaction agreement, or task or delivery order on a Department of Homeland Security multiple award contract, or to
issue a letter of intent totaling in excess of $1,000,000;
(2) award a task or delivery order requiring an obligation
of funds in an amount greater than $10,000,000 from multiyear Department of Homeland Security funds;
(3) make a sole-source grant award; or
(4) announce publicly the intention to make or award items
under paragraph (1), (2), or (3) including a contract covered
by the Federal Acquisition Regulation.
(b) The Secretary of Homeland Security may waive the prohibition under subsection (a) if the Secretary notifies the Committees
on Appropriations of the Senate and the House of Representatives
at least 3 full business days in advance of making an award or
issuing a letter as described in that subsection.
(c) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification,
and the Secretary shall notify the Committees on Appropriations
of the Senate and the House of Representatives not later than
5 full business days after such an award is made or letter issued.
(d) A notification under this section—
(1) may not involve funds that are not available for obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
(e) The Administrator of the Federal Emergency Management
Agency shall brief the Committees on Appropriations of the Senate
and the House of Representatives 5 full business days in advance
of announcing publicly the intention of making an award under
‘‘State and Local Programs’’.
SEC. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate
and the House of Representatives, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary
use of additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Center facilities.
SEC. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States
Code, has not been approved, except that necessary funds may
be expended for each project for required expenses for the development of a proposed prospectus.
SEC. 510. (a) Sections 520, 522, and 530 of the Department
of Homeland Security Appropriations Act, 2008 (division E of Public
Law 110–161; 121 Stat. 2073 and 2074) shall apply with respect

H. R. 2029—273
to funds made available in this Act in the same manner as such
sections applied to funds made available in that Act.
(b) The third proviso of section 537 of the Department of Homeland Security Appropriations Act, 2006 (6 U.S.C. 114), shall hereafter not apply with respect to funds made available in this or
any other Act.
(c) Section 525 of Public Law 109–90 is amended by striking
‘‘thereafter’’, and section 554 of Public Law 111–83 is amended
by striking ‘‘and shall report annually thereafter’’.
SEC. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the Buy
American Act. For purposes of the preceding sentence, the term
‘‘Buy American Act’’ means chapter 83 of title 41, United States
Code.
SEC. 512. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
SEC. 513. Not later than 30 days after the last day of each
month, the Chief Financial Officer of the Department of Homeland
Security shall submit to the Committees on Appropriations of the
Senate and the House of Representatives a monthly budget and
staffing report for that month that includes total obligations of
the Department for that month for the fiscal year at the appropriation and program, project, and activity levels, by the source year
of the appropriation: Provided, That total obligations for staffing
shall also be provided by subcategory of on-board and funded fulltime equivalent staffing levels, respectively: Provided further, That
the report shall specify the number of, and total obligations for,
contract employees for each office of the Department.
SEC. 514. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to Transportation Security Administration ‘‘Aviation Security’’, ‘‘Administration’’, and ‘‘Transportation Security Support’’ for fiscal years 2004
and 2005 that are recovered or deobligated shall be available only
for the procurement or installation of explosives detection systems,
air cargo, baggage, and checkpoint screening systems, subject to
notification: Provided, That semiannual reports shall be submitted
to the Committees on Appropriations of the Senate and the House
of Representatives on any funds that are recovered or deobligated.
SEC. 515. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided by employees
(including employees serving on a temporary or term basis) of
United States Citizenship and Immigration Services of the Department of Homeland Security who are known as Immigration Information Officers, Immigration Service Analysts, Contact Representatives, Investigative Assistants, or Immigration Services Officers.
SEC. 516. Any funds appropriated to ‘‘Coast Guard, Acquisition,
Construction, and Improvements’’ for fiscal years 2002, 2003, 2004,
2005, and 2006 for the 110–123 foot patrol boat conversion that
are recovered, collected, or otherwise received as the result of negotiation, mediation, or litigation, shall be available until expended
for the Fast Response Cutter program.
SEC. 517. The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as inherently
governmental for the purpose of the Federal Activities Inventory
Reform Act of 1998 (31 U.S.C. 501 note).

H. R. 2029—274
SEC. 518. (a) The Secretary of Homeland Security shall submit
a report not later than October 15, 2016, to the Inspector General
of the Department of Homeland Security listing all grants and
contracts awarded by any means other than full and open competition during fiscal year 2016.
(b) The Inspector General shall review the report required
by subsection (a) to assess Departmental compliance with applicable
laws and regulations and report the results of that review to the
Committees on Appropriations of the Senate and the House of
Representatives not later than February 15, 2017.
SEC. 519. None of the funds provided by this or previous appropriations Acts shall be used to fund any position designated as
a Principal Federal Official (or the successor thereto) for any Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) declared disasters or emergencies unless—
(1) the responsibilities of the Principal Federal Official
do not include operational functions related to incident management, including coordination of operations, and are consistent
with the requirements of section 509(c) and sections 503(c)(3)
and 503(c)(4)(A) of the Homeland Security Act of 2002 (6 U.S.C.
319(c), 313(c)(3), and 313(c)(4)(A)) and section 302 of the Robert
T. Stafford Disaster Relief and Assistance Act (42 U.S.C. 5143);
(2) not later than 10 business days after the latter of
the date on which the Secretary of Homeland Security appoints
the Principal Federal Official and the date on which the President issues a declaration under section 401 or section 501
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191, respectively), the Secretary
of Homeland Security shall submit a notification of the appointment of the Principal Federal Official and a description of
the responsibilities of such Official and how such responsibilities are consistent with paragraph (1) to the Committees on
Appropriations of the Senate and the House of Representatives,
the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives; and
(3) not later than 60 days after the date of enactment
of this Act, the Secretary shall provide a report specifying
timeframes and milestones regarding the update of operations,
planning and policy documents, and training and exercise protocols, to ensure consistency with paragraph (1) of this section.
SEC. 520. None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of
the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly
authorized by Congress.
SEC. 521. (a) None of the funds appropriated by this or previous
appropriations Acts may be used to establish an Office of Chemical,
Biological, Radiological, Nuclear, and Explosives Defense until such
time as Congress has authorized such establishment.
(b) Subject to the limitation in subsection (a) and notwithstanding section 503 of this Act, the Secretary may transfer funds
for the purpose of executing authorization of the Office of Chemical,
Biological, Radiological, Nuclear, and Explosives Defense.
(c) Not later than 15 days before transferring funds pursuant
to subsection (b), the Secretary of Homeland Security shall submit
a report to the Committees on Appropriations of the Senate and
the House of Representatives, the Committee on Homeland Security

H. R. 2029—275
and Governmental Affairs of the Senate, and the Committee on
Homeland Security of the House of Representatives on—
(1) the transition plan for the establishment of the office;
and
(2) the funds and positions to be transferred by source.
SEC. 522. None of the funds made available in this Act may
be used by United States Citizenship and Immigration Services
to grant an immigration benefit unless the results of background
checks required by law to be completed prior to the granting of
the benefit have been received by United States Citizenship and
Immigration Services, and the results do not preclude the granting
of the benefit.
SEC. 523. Section 831 of the Homeland Security Act of 2002
(6 U.S.C. 391) is amended—
(1) in subsection (a), by striking ‘‘Until September 30,
2015,’’ and inserting ‘‘Until September 30, 2016,’’; and
(2) in subsection (c)(1), by striking ‘‘September 30, 2015,’’
and inserting ‘‘September 30, 2016,’’.
SEC. 524. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition outcomes
(which outcomes shall be specified in terms of cost, schedule, and
performance).
SEC. 525. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used to
approve a waiver of the navigation and vessel-inspection laws
pursuant to 46 U.S.C. 501(b) for the transportation of crude oil
distributed from and to the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries of the Departments of Energy and Transportation and representatives from the United States flag maritime industry, takes
adequate measures to ensure the use of United States flag vessels:
Provided, That the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives within 2 business days of any
request for waivers of navigation and vessel-inspection laws pursuant to 46 U.S.C. 501(b).
SEC. 526. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food, Drug,
and Cosmetic Act) from importing a prescription drug from Canada
that complies with the Federal Food, Drug, and Cosmetic Act:
Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription
drug, not to exceed a 90-day supply: Provided further, That the
prescription drug may not be—
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
SEC. 527. None of the funds in this Act shall be used to
reduce the Coast Guard’s Operations Systems Center mission or
its government-employed or contract staff levels.

H. R. 2029—276
SEC. 528. The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, shall notify the Committees
on Appropriations of the Senate and the House of Representatives
of any proposed transfers of funds available under section
9703.1(g)(4)(B) of title 31, United States Code (as added by Public
Law 102–393) from the Department of the Treasury Forfeiture
Fund to any agency within the Department of Homeland Security:
Provided, That none of the funds identified for such a transfer
may be obligated until the Committees on Appropriations of the
Senate and the House of Representatives approve the proposed
transfers.
SEC. 529. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a national
identification card.
SEC. 530. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a competition
under Office of Management and Budget Circular A–76 for activities
performed with respect to the Coast Guard National Vessel Documentation Center.
SEC. 531. Any official that is required by this Act to report
or to certify to the Committees on Appropriations of the Senate
and the House of Representatives may not delegate such authority
to perform that act unless specifically authorized herein.
SEC. 532. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
SEC. 533. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies funded
by this Act in contravention of sections 301–10.122 through 301–
10.124 of title 41, Code of Federal Regulations.
SEC. 534. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
SEC. 535. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the Coast
Guard nationwide, including civil engineering units, facilities design
and construction centers, maintenance and logistics commands, and
the Coast Guard Academy, except that none of the funds provided
in this Act may be used to reduce operations within any civil
engineering unit unless specifically authorized by a statute enacted
after the date of enactment of this Act.
SEC. 536. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements
of a contract.
SEC. 537. In developing any process to screen aviation passengers and crews for transportation or national security purposes,
the Secretary of Homeland Security shall ensure that all such

H. R. 2029—277
processes take into consideration such passengers’ and crews’ privacy and civil liberties consistent with applicable laws, regulations,
and guidance.
SEC. 538. (a) Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations Fee Account, up to $10,000,000 may be allocated by United
States Citizenship and Immigration Services in fiscal year 2016
for the purpose of providing an immigrant integration grants program.
(b) None of the funds made available to United States Citizenship and Immigration Services for grants for immigrant integration
may be used to provide services to aliens who have not been
lawfully admitted for permanent residence.
SEC. 539. For an additional amount for the ‘‘Office of the
Under Secretary for Management’’, $215,679,000, to remain available until expended, for necessary expenses to plan, acquire, design,
construct, renovate, remediate, equip, furnish, improve infrastructure, and occupy buildings and facilities for the Department headquarters consolidation project and associated mission support
consolidation: Provided, That the Committees on Appropriations
of the Senate and the House of Representatives shall receive an
expenditure plan not later than 90 days after the date of enactment
of this Act detailing the allocation of these funds.
SEC. 540. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of subtitle
I of title 41, United States Code, or chapter 137 of title 10, United
States Code, and the Federal Acquisition Regulation, unless such
contract is otherwise authorized by statute to be entered into without regard to the above referenced statutes.
SEC. 541. (a) For an additional amount for financial systems
modernization, $52,977,000 to remain available until September
30, 2017.
(b) Funds made available in subsection (a) for financial systems
modernization may be transferred by the Secretary of Homeland
Security between appropriations for the same purpose, notwithstanding section 503 of this Act.
(c) No transfer described in subsection (b) shall occur until
15 days after the Committees on Appropriations of the Senate
and the House of Representatives are notified of such transfer.
SEC. 542. (a) For an additional amount for cybersecurity to
safeguard and enhance Department of Homeland Security systems
and capabilities, $100,000,000 to remain available until September
30, 2017.
(b) Funds made available in subsection (a) for cybersecurity
may be transferred by the Secretary of Homeland Security between
appropriations for the same purpose, notwithstanding section 503
of this Act.
(c) No transfer described in subsection (b) shall occur until
15 days after the Committees on Appropriations of the Senate
and the House of Representatives are notified of such transfer.
SEC. 543. (a) For an additional amount for emergent threats
from violent extremism and from complex, coordinated terrorist
attacks, $50,000,000 to remain available until September 30, 2017.
(b) Funds made available in subsection (a) for emergent threats
may be transferred by the Secretary of Homeland Security between

H. R. 2029—278
appropriations for the same purpose, notwithstanding section 503
of this Act.
(c) No transfer described in subsection (b) shall occur until
15 days after the Committees on Appropriations of the Senate
and the House of Representatives are notified of such transfer.
SEC. 544. The Secretary of Homeland Security may transfer
to the fund established by 8 U.S.C. 1101 note, up to $20,000,000
from appropriations available to the Department of Homeland Security: Provided, That the Secretary shall notify the Committees
on Appropriations of the Senate and the House of Representatives
5 days in advance of such transfer.
SEC. 545. The Secretary of Homeland Security shall ensure
enforcement of all immigration laws (as defined in section 101(a)(17)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
SEC. 546. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 547. None of the funds made available in this Act may
be used by a Federal law enforcement officer to facilitate the
transfer of an operable firearm to an individual if the Federal
law enforcement officer knows or suspects that the individual is
an agent of a drug cartel unless law enforcement personnel of
the United States continuously monitor or control the firearm at
all times.
SEC. 548. None of the funds provided in this or any other
Act may be obligated to implement the National Preparedness
Grant Program or any other successor grant programs unless explicitly authorized by Congress.
SEC. 549. None of the funds made available in this Act may
be used to provide funding for the position of Public Advocate,
or a successor position, within U.S. Immigration and Customs
Enforcement.
SEC. 550. Section 559(e)(3)(D) of Public Law 113–76 is amended
by striking ‘‘five pilots per year’’ and inserting ‘‘10 pilots per year’’.
SEC. 551. None of the funds made available in this Act may
be used to pay for the travel to or attendance of more than 50
employees of a single component of the Department of Homeland
Security, who are stationed in the United States, at a single international conference unless the Secretary of Homeland Security,
or a designee, determines that such attendance is in the national
interest and notifies the Committees on Appropriations of the
Senate and the House of Representatives within at least 10 days
of that determination and the basis for that determination: Provided, That for purposes of this section the term ‘‘international
conference’’ shall mean a conference occurring outside of the United
States attended by representatives of the United States Government
and of foreign governments, international organizations, or nongovernmental organizations: Provided further, That the total cost
to the Department of Homeland Security of any such conference
shall not exceed $500,000.

H. R. 2029—279
SEC. 552. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
SEC. 553. With the exception of countries with preclearance
facilities in service prior to 2013, none of the funds made available
in this Act may be used for new U.S. Customs and Border Protection
air preclearance agreements entering into force after February 1,
2014, unless: (1) the Secretary of Homeland Security, in consultation
with the Secretary of State, has certified to Congress that air
preclearance operations at the airport provide a homeland or
national security benefit to the United States; (2) U.S. passenger
air carriers are not precluded from operating at existing
preclearance locations; and (3) a U.S. passenger air carrier is operating at all airports contemplated for establishment of new air
preclearance operations.
SEC. 554. None of the funds made available by this or any
other Act may be used by the Administrator of the Transportation
Security Administration to implement, administer, or enforce, in
abrogation of the responsibility described in section 44903(n)(1)
of title 49, United States Code, any requirement that airport operators provide airport-financed staffing to monitor exit points from
the sterile area of any airport at which the Transportation Security
Administration provided such monitoring as of December 1, 2013.
SEC. 555. The administrative law judge annuitants participating in the Senior Administrative Law Judge Program managed
by the Director of the Office of Personnel Management under section
3323 of title 5, United States Code, shall be available on a temporary reemployment basis to conduct arbitrations of disputes
arising from delivery of assistance under the Federal Emergency
Management Agency Public Assistance Program.
SEC. 556. As authorized by section 601(b) of the United StatesColombia Trade Promotion Agreement Implementation Act (Public
Law 112–42) fees collected from passengers arriving from Canada,
Mexico, or an adjacent island pursuant to section 13031(a)(5) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(a)(5)) shall be available until expended.
SEC. 557. None of the funds made available to the Department
of Homeland Security by this or any other Act may be obligated
for any structural pay reform that affects more than 100 fulltime equivalent employee positions or costs more than $5,000,000
in a single year before the end of the 30-day period beginning
on the date on which the Secretary of Homeland Security submits
to Congress a notification that includes—
(1) the number of full-time equivalent employee positions
affected by such change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
SEC. 558. (a) Any agency receiving funds made available in
this Act shall, subject to subsections (b) and (c), post on the public
Web site of that agency any report required to be submitted by
the Committees on Appropriations of the Senate and the House
of Representatives in this Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—

H. R. 2029—280
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days
except as otherwise specified in law.
SEC. 559. (a) IN GENERAL.—Beginning on the date of enactment
of this Act, the Secretary of Homeland Security shall not—
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or
the Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) BORDER CROSSING FEE DEFINED.—In this section, the term
‘‘border crossing fee’’ means a fee that every pedestrian, cyclist,
and driver and passenger of a private motor vehicle is required
to pay for the privilege of crossing the Southern border or the
Northern border at a land port of entry.
SEC. 560. Notwithstanding any other provision of law, grants
awarded to States along the Southwest Border of the United States
under sections 2003 or 2004 of the Homeland Security Act of 2002
(6 U.S.C. 604 and 605) using funds provided under the heading
‘‘Federal Emergency Management Agency, State and Local Programs’’ in this Act, Public Law 114–4, division F of Public Law
113–76, or division D of Public Law 113–6 may be used by recipients
or sub-recipients for costs, or reimbursement of costs, related to
providing humanitarian relief to unaccompanied alien children and
alien adults accompanied by an alien minor where they are encountered after entering the United States, provided that such costs
were incurred between January 1, 2014, and December 31, 2014,
or during the award period of performance.
SEC. 561. (a) Each major acquisition program of the Department
of Homeland Security, as defined in Department of Homeland Security Management Directive 102–2, shall meet established acquisition documentation requirements for its acquisition program baseline established in the Department of Homeland Security Instruction Manual 102–01–001 and the Department of Homeland Security
Acquisition Instruction/Guidebook 102–01–001, Appendix K.
(b) The Department shall report to the Committees on Appropriations of the Senate and the House of Representatives in the
Comprehensive Acquisition Status Report and its quarterly updates,
required under the heading ‘‘Office of the Under Secretary for
Management’’ of this Act, on any major acquisition program that
does not meet such documentation requirements and the schedule
by which the program will come into compliance with these requirements.
(c) None of the funds made available by this or any other
Act for any fiscal year may be used for a major acquisition program
that is out of compliance with such documentation requirements
for more than two years except that funds may be used solely
to come into compliance with such documentation requirements
or to terminate the program.
SEC. 562. None of the funds appropriated by this or any other
Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President’s budget proposal to the Congress of the United States

H. R. 2029—281
for programs under the jurisdiction of the Appropriations Subcommittees on the Department of Homeland Security that assumes
revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior
to the submission of the budget unless such budget submission
identifies which additional spending reductions should occur in
the event the user fees proposals are not enacted prior to the
date of the convening of a committee of conference for the fiscal
year 2017 appropriations Act.
SEC. 563. (a) The Secretary of Homeland Security may include,
in the President’s budget proposal for fiscal year 2017, submitted
pursuant to section 1105(a) of title 31, United States Code, and
accompanying justification materials, an account structure under
which each appropriation under each agency heading either remains
the same as fiscal year 2016 or falls within the following categories
of appropriations:
(1) Operations and Support.
(2) Procurements, Construction, and Improvements.
(3) Research and Development.
(4) Federal Assistance.
(b) The Under Secretary for Management, acting through the
Chief Financial Officer, shall determine and provide centralized
guidance to each agency on how to structure appropriations for
purposes of subsection (a).
(c) Not earlier than October 1, 2016, the accounts designated
under subsection (a) may be established, and the Secretary of
Homeland Security may execute appropriations of the Department
as provided pursuant to such subsection, including any continuing
appropriations made available for fiscal year 2017 before enactment
of a regular appropriations Act.
(d) Notwithstanding any other provision of law, the Secretary
of Homeland Security may transfer any appropriation made available to the Department of Homeland Security by any appropriations
Acts to the accounts created pursuant to subsection (c) to carry
out the requirements of such subsection, and shall notify the
Committees on Appropriations of the Senate and the House of
Representatives within 5 days of each transfer.
(e)(1) Not later than November 1, 2016, the Secretary of Homeland Security shall establish the preliminary baseline for application
of reprogramming and transfer authorities and submit the report
specified in paragraph (2) to the Committees on Appropriations
of the Senate and the House of Representatives.
(2) The report required in this subsection shall include—
(A) a delineation of the amount and account of each transfer
made pursuant to subsection (c) or (d);
(B) a table for each appropriation with a separate column
to display the President’s budget proposal, adjustments made
by Congress, adjustments due to enacted rescissions, if appropriate, adjustments made pursuant to the transfer authority
in subsection (c) or (d), and the fiscal year level;
(C) a delineation in the table for each appropriation,
adjusted as described in paragraph (2), both by budget activity
and program, project, and activity as detailed in the Budget
Appendix; and
(D) an identification of funds directed for a specific activity.
(f) The Secretary shall not exercise the authority provided
in subsections (c), (d), and (e) unless, not later than April 1, 2016,

H. R. 2029—282
the Chief Financial Officer has submitted to the Committees on
Appropriations of the Senate and the House of Representatives—
(1) technical assistance on new legislative language in the
account structure under subsection (a);
(2) comparison tables of fiscal years 2015, 2016, and 2017
in the account structure under subsection (a);
(3) cross-component comparisons that the account structure
under subsection (a) facilitates;
(4) a copy of the interim financial management policy
manual addressing changes made in this Act;
(5) an outline of the financial management policy manual
changes necessary for the account structure under subsection
(a);
(6) proposed changes to transfer and reprogramming
requirements, including technical assistance on legislative language;
(7) certification by the Chief Financial Officer that the
Department’s financial systems can report in the new account
structure; and
(8) a plan for training and implementation of the account
structure under subsections (a) and (c).
SEC. 564. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
SEC. 565. Section 214(g)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended by striking ‘‘2004,
2005, or 2006 shall not again be counted toward such limitation
during fiscal year 2007.’’ and inserting ‘‘2013, 2014, or 2015 shall
not again be counted toward such limitation during fiscal year
2016.’’.
SEC. 566. For an additional amount for ‘‘U.S. Customs and
Border Protection, Salaries and Expenses’’, $14,000,000, to remain
available until expended, to be reduced by amounts collected and
credited to this appropriation from amounts authorized to be collected by section 286(i) of the Immigration and Nationality Act
(8 U.S.C. 1356(i)), section 10412 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the
Trade Facilitation and Trade Enforcement Act of 2015: Provided,
That to the extent that amounts realized from such collections
exceed $14,000,000, those amounts in excess of $14,000,000 shall
be credited to this appropriation and remain available until
expended: Provided further, That this authority is contingent on
enactment of the Trade Facilitation and Trade Enforcement Act
of 2015.
(RESCISSIONS)

SEC. 567. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99–177):
(1) $27,338,000 from Public Law 109–88;

H. R. 2029—283
(2) $4,188,000 from unobligated prior year balances from
‘‘Analysis and Operations’’;
(3) $7,000,000 from unobligated prior year balances from
‘‘U.S. Customs and Border Protection, Automation Modernization’’;
(4) $21,856,000 from unobligated prior year balances from
‘‘U.S. Customs and Border Protection, Border Security, Fencing,
Infrastructure, and Technology’’;
(5) $4,500,000 from unobligated prior year balances from
‘‘U.S. Customs and Border Protection, Construction and Facilities Management’’;
(6) $158,414,000 from Public Law 114–4 under the heading
‘‘Transportation Security Administration, Aviation Security’’;
(7) $14,000,000 from Public Law 114–4 under the heading
‘‘Transportation Security Administration, Surface Transportation Security’’;
(8) $5,800,000 from Public Law 112–74 under the heading
‘‘Coast Guard, Acquisition, Construction, and Improvements’’;
(9) $16,445,000 from Public Law 113–76 under the heading
‘‘Coast Guard, Acquisition, Construction, and Improvements’’;
(10) $13,758,918 from ‘‘Federal Emergency Management
Agency, National Predisaster Mitigation Fund’’ account 70 ×
0716;
(11) $393,178 from Public Law 113–6 under the heading
‘‘Science and Technology, Research, Development, Acquisition,
and Operations’’;
(12) $8,500,000 from Public Law 113–76 under the heading
‘‘Science and Technology, Research, Development, Acquisition,
and Operations’’; and
(13) $1,106,822 from Public Law 114–4 under the heading
‘‘Science and Technology, Research, Development, Acquisition,
and Operations’’.
(RESCISSIONS)

SEC. 568. Of the funds transferred to the Department of Homeland Security when it was created in 2003, the following funds
are hereby rescinded from the following accounts and programs
in the specified amounts:
(1) $417,017 from ‘‘U.S. Customs and Border Protection,
Salaries and Expenses’’;
(2) $15,238 from ‘‘Federal Emergency Management Agency,
Office of Domestic Preparedness’’; and
(3) $573,828 from ‘‘Federal Emergency Management
Agency, National Predisaster Mitigation Fund’’.
(RESCISSIONS)

SEC. 569. The following unobligated balances made available
to the Department of Homeland Security pursuant to section 505
of the Department of Homeland Security Appropriations Act, 2015
(Public Law 114–4) are rescinded:
(1) $361,242 from ‘‘Office of the Secretary and Executive
Management’’;
(2) $146,547 from ‘‘Office of the Under Secretary for
Management’’;
(3) $25,859 from ‘‘Office of the Chief Financial Officer’’;
(4) $507,893 from ‘‘Office of the Chief Information Officer’’;

H. R. 2029—284
(5) $301,637 from ‘‘Analysis and Operations’’;
(6) $20,856 from ‘‘Office of Inspector General’’;
(7) $598,201 from ‘‘U.S. Customs and Border Protection,
Salaries and Expenses’’;
(8) $254,322 from ‘‘U.S. Customs and Border Protection,
Automation Modernization’’;
(9) $450,806 from ‘‘U.S. Customs and Border Protection,
Air and Marine Operations’’;
(10) $2,461,665 from ‘‘U.S. Immigration and Customs
Enforcement, Salaries and Expenses’’;
(11) $8,653,853 from ‘‘Coast Guard, Operating Expenses’’;
(12) $515,040 from ‘‘Coast Guard, Reserve Training’’;
(13) $970,844 from ‘‘Coast Guard, Acquisition, Construction, and Improvements’’;
(14) $4,212,971 from ‘‘United States Secret Service, Salaries
and Expenses’’;
(15) $27,360 from ‘‘National Protection and Programs Directorate, Management and Administration’’;
(16) $188,146 from ‘‘National Protection and Programs
Directorate, Infrastructure Protection and Information Security’’;
(17) $986 from ‘‘National Protection and Programs Directorate, Office of Biometric Identity Management’’;
(18) $20,650 from ‘‘Office of Health Affairs’’;
(19) $236,332 from ‘‘Federal Emergency Management
Agency, United States Fire Administration’’;
(20) $3,086,173 from ‘‘United States Citizenship and
Immigration Services’’;
(21) $558,012 from ‘‘Federal Law Enforcement Training
Center, Salaries and Expenses’’;
(22) $284,796 from ‘‘Science and Technology, Management
and Administration’’; and
(23) $83,861 from ‘‘Domestic Nuclear Detection Office,
Management and Administration’’.
(RESCISSION)

SEC. 570. From the unobligated balances made available in
the Department of the Treasury Forfeiture Fund established by
section 9703 of title 31, United States Code (added by section
638 of Public Law 102–393), $176,000,000 shall be rescinded.
(RESCISSION)

SEC. 571. Of the unobligated balances made available to ‘‘Federal Emergency Management Agency, Disaster Relief Fund’’,
$1,021,879,000 shall be rescinded: Provided, That no amounts may
be rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That no amounts
may be rescinded from the amounts that were designated by the
Congress as being for disaster relief pursuant to section 251(b)(2)(D)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 572. 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 ‘‘September 30, 2016’’ for the date

H. R. 2029—285
specified in section 106(3) of the Continuing Appropriations Act,
2016 (Public Law 114–53).
SEC. 573. 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 ‘‘September 30, 2016’’ for
the date specified in section 106(3) of the Continuing Appropriations
Act, 2016 (Public Law 114–53).
SEC. 574. Section 220(c) of the Immigration and Nationality
Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be
applied by substituting ‘‘September 30, 2016’’ for the date specified
in section 106(3) of the Continuing Appropriations Act, 2016 (Public
Law 114–53).
SEC. 575. 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
‘‘September 30, 2016’’ for the date specified in section 106(3) of
the Continuing Appropriations Act, 2016 (Public Law 114–53).
This division may be cited as the ‘‘Department of Homeland
Security Appropriations Act, 2016’’.
DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF THE INTERIOR
BUREAU

OF

LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance
of other functions, including maintenance of facilities, as authorized
by law, in the management of lands and their resources under
the jurisdiction of the Bureau of Land Management, including the
general administration of the Bureau, and assessment of mineral
potential of public lands pursuant to section 1010(a) of Public
Law 96–487 (16 U.S.C. 3150(a)), $1,072,675,000, to remain available
until expended, including all such amounts as are collected from
permit processing fees, as authorized but made subject to future
appropriation by section 35(d)(3)(A)(i) of the Mineral Leasing Act
(30 U.S.C. 191), except that amounts from permit processing fees
may be used for any bureau-related expenses associated with the
processing of oil and gas applications for permits to drill and related
use of authorizations; of which $3,000,000 shall be available in
fiscal year 2016 subject to a match by at least an equal amount
by the National Fish and Wildlife Foundation for cost-shared
projects supporting conservation of Bureau lands; and such funds
shall be advanced to the Foundation as a lump-sum grant without
regard to when expenses are incurred.
In addition, $39,696,000 is for Mining Law Administration program operations, including the cost of administering the mining
claim fee program, to remain available until expended, to be reduced
by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that

H. R. 2029—286
are hereby authorized for fiscal year 2016, so as to result in a
final appropriation estimated at not more than $1,072,675,000,
and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost
of administering communication site activities.
LAND ACQUISITION

For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94–579, including administrative expenses
and acquisition of lands or waters, or interests therein, $38,630,000,
to be derived from the Land and Water Conservation Fund and
to remain available until expended.
OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other improvements
on the revested Oregon and California Railroad grant lands, on
other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of
lands or interests therein, including existing connecting roads on
or adjacent to such grant lands; $107,734,000, to remain available
until expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Oregon
and California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28,
1937 (43 U.S.C. 1181f).
RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant
to section 401 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1751), notwithstanding any other Act, sums
equal to 50 percent of all moneys received during the prior fiscal
year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315b, 315m) and the amount designated for range improvements
from grazing fees and mineral leasing receipts from BankheadJones lands transferred to the Department of the Interior pursuant
to law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be available
for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES

For administrative expenses and other costs related to processing application documents and other authorizations for use and
disposal of public lands and resources, for costs of providing copies
of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such
amounts as may be collected under Public Law 94–579 (43 U.S.C.
1701 et seq.), and under section 28 of the Mineral Leasing Act
(30 U.S.C. 185), to remain available until expended: Provided, That,

H. R. 2029—287
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not appropriate
for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)),
shall be available and may be expended under the authority of
this Act by the Secretary to improve, protect, or rehabilitate any
public lands administered through the Bureau of Land Management
which have been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without regard
to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided
further, That any such moneys that are in excess of amounts needed
to repair damage to the exact land for which funds were collected
may be used to repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of Public Law 94–579 (43 U.S.C.
1737), and such amounts as may be advanced for administrative
costs, surveys, appraisals, and costs of making conveyances of
omitted lands under section 211(b) of that Act (43 U.S.C. 1721(b)),
to remain available until expended.
ADMINISTRATIVE PROVISIONS

The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public
and private entities, including with States. Appropriations for the
Bureau shall be available for purchase, erection, and dismantlement
of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United
States has title; up to $100,000 for payments, at the discretion
of the Secretary, for information or evidence concerning violations
of laws administered by the Bureau; miscellaneous and emergency
expenses of enforcement activities authorized or approved by the
Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $10,000: Provided, That notwithstanding Public
Law 90–620 (44 U.S.C. 501), the Bureau may, under cooperative
cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau determines
the cooperator is capable of meeting accepted quality standards:
Provided further, That projects to be funded pursuant to a written
commitment by a State government to provide an identified amount
of money in support of the project may be carried out by the
Bureau on a reimbursable basis. Appropriations herein made shall
not be available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its contractors
or for the sale of wild horses and burros that results in their
destruction for processing into commercial products.

H. R. 2029—288
UNITED STATES FISH

AND

WILDLIFE SERVICE

RESOURCE MANAGEMENT

For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic
studies, general administration, and for the performance of other
authorized functions related to such resources, $1,238,771,000, to
remain available until September 30, 2017: Provided, That not
to exceed $20,515,000 shall be used for implementing subsections
(a), (b), (c), and (e) of section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533) (except for processing petitions, developing
and issuing proposed and final regulations, and taking any other
steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed $4,605,000 shall
be used for any activity regarding the designation of critical habitat,
pursuant to subsection (a)(3), excluding litigation support, for species listed pursuant to subsection (a)(1) prior to October 1, 2014;
of which not to exceed $1,501,000 shall be used for any activity
regarding petitions to list species that are indigenous to the United
States pursuant to subsections (b)(3)(A) and (b)(3)(B); and, of which
not to exceed $1,504,000 shall be used for implementing subsections
(a), (b), (c), and (e) of section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533) for species that are not indigenous to
the United States.
CONSTRUCTION

For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$23,687,000, to remain available until expended.
LAND ACQUISITION

For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the United States Fish and
Wildlife Service, $68,500,000, to be derived from the Land and
Water Conservation Fund and to remain available until expended,
of which, notwithstanding section 200306 of title 54, United States
Code, not more than $10,000,000 shall be for land conservation
partnerships authorized by the Highlands Conservation Act of 2004,
including not to exceed $320,000 for administrative expenses: Provided, That none of the funds appropriated for specific land acquisition projects may be used to pay for any administrative overhead,
planning or other management costs.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $53,495,000, to remain available until expended, of which $22,695,000 is to be derived from
the Cooperative Endangered Species Conservation Fund; and of
which $30,800,000 is to be derived from the Land and Water Conservation Fund.

H. R. 2029—289
NATIONAL WILDLIFE REFUGE FUND

For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND

For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$35,145,000, to remain available until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION

For expenses necessary to carry out the Neotropical Migratory
Bird Conservation Act (16 U.S.C. 6101 et seq.), $3,910,000, to
remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND

For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great
Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the
Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.),
$11,061,000, to remain available until expended.
STATE AND TRIBAL WILDLIFE GRANTS

For wildlife conservation grants to States and to the District
of Columbia, Puerto Rico, Guam, the United States Virgin Islands,
the Northern Mariana Islands, American Samoa, and Indian tribes
under the provisions of the Fish and Wildlife Act of 1956 and
the Fish and Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and their
habitat, including species that are not hunted or fished,
$60,571,000, to remain available until expended: Provided, That
of the amount provided herein, $4,084,000 is for a competitive
grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $5,487,000 is
for a competitive grant program to implement approved plans for
States, territories, and other jurisdictions and at the discretion
of affected States, the regional Associations of fish and wildlife
agencies, not subject to the remaining provisions of this appropriation: Provided further, That the Secretary shall, after deducting
$9,571,000 and administrative expenses, apportion the amount provided herein in the following manner: (1) to the District of Columbia
and to the Commonwealth of Puerto Rico, each a sum equal to
not more than one-half of 1 percent thereof; and (2) to Guam,
American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal
to not more than one-fourth of 1 percent thereof: Provided further,
That the Secretary shall apportion the remaining amount in the
following manner: (1) one-third of which is based on the ratio
to which the land area of such State bears to the total land area
of all such States; and (2) two-thirds of which is based on the
ratio to which the population of such State bears to the total
population of all such States: Provided further, That the amounts

H. R. 2029—290
apportioned under this paragraph shall be adjusted equitably so
that no State shall be apportioned a sum which is less than 1
percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5 percent of such amount:
Provided further, That the Federal share of planning grants shall
not exceed 75 percent of the total costs of such projects and the
Federal share of implementation grants shall not exceed 65 percent
of the total costs of such projects: Provided further, That the nonFederal share of such projects may not be derived from Federal
grant programs: Provided further, That any amount apportioned
in 2016 to any State, territory, or other jurisdiction that remains
unobligated as of September 30, 2017, shall be reapportioned,
together with funds appropriated in 2018, in the manner provided
herein.
ADMINISTRATIVE PROVISIONS

The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with
public and private entities. Appropriations and funds available to
the United States Fish and Wildlife Service shall be available
for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the
purchase of land at not to exceed $1 for each option; facilities
incident to such public recreational uses on conservation areas
as are consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities under
the jurisdiction of the Service and to which the United States
has title, and which are used pursuant to law in connection with
management, and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements authorized
by law, procure printing services from cooperators in connection
with jointly produced publications for which the cooperators share
at least one-half the cost of printing either in cash or services
and the Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the Service may
accept donated aircraft as replacements for existing aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all fees collected for non-toxic shot review and approval shall be deposited
under the heading ‘‘United States Fish and Wildlife Service—
Resource Management’’ and shall be available to the Secretary,
without further appropriation, to be used for expenses of processing
of such non-toxic shot type or coating applications and revising
regulations as necessary, and shall remain available until expended.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National
Park Service and for the general administration of the National
Park Service, $2,369,596,000, of which $10,001,000 for planning
and interagency coordination in support of Everglades restoration
and $99,461,000 for maintenance, repair, or rehabilitation projects
for constructed assets shall remain available until September 30,

H. R. 2029—291
2017: Provided, That funds appropriated under this heading in
this Act are available for the purposes of section 5 of Public Law
95–348 and section 204 of Public Law 93–486, as amended by
section 1(3) of Public Law 100–355.
NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
and grant administration, not otherwise provided for, $62,632,000.
HISTORIC PRESERVATION FUND

For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $65,410,000, to be derived from the Historic Preservation
Fund and to remain available until September 30, 2017, of which
$500,000 is for competitive grants for the survey and nomination
of properties to the National Register of Historic Places and as
National Historic Landmarks associated with communities currently underrepresented, as determined by the Secretary, and of
which $8,000,000 is for competitive grants to preserve the sites
and stories of the Civil Rights movement: Provided, That such
competitive grants shall be made without imposing the matching
requirements in section 302902(b)(3) of title 54, United States Code
to States and Indian tribes as defined in chapter 3003 of such
title, Native Hawaiian organizations, local governments, including
Certified Local Governments, and nonprofit organizations.
CONSTRUCTION

For construction, improvements, repair, or replacement of physical facilities, including modifications authorized by section 104
of the Everglades National Park Protection and Expansion Act
of 1989 (16 U.S.C. 410r-8), $192,937,000, to remain available until
expended: Provided, That, notwithstanding any other provision of
law, for any project initially funded in fiscal year 2016 with a
future phase indicated in the National Park Service 5–Year Line
Item Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further, That the
solicitation and contract shall contain the clause availability of
funds found at 48 CFR 52.232–18: Provided further, That National
Park Service Donations, Park Concessions Franchise Fees, and
Recreation Fees may be made available for the cost of adjustments
and changes within the original scope of effort for projects funded
by the National Park Service Construction appropriation: Provided
further, That the Secretary of the Interior shall consult with the
Committees on Appropriations, in accordance with current reprogramming thresholds, prior to making any charges authorized
by this section.
LAND AND WATER CONSERVATION FUND
(RESCISSION)

The contract authority provided for fiscal year 2016 by section
200308 of title 54, United States Code, is rescinded.

H. R. 2029—292
LAND ACQUISITION AND STATE ASSISTANCE

For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of lands or waters, or interest therein, in accordance
with the statutory authority applicable to the National Park Service,
$173,670,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended, of which $110,000,000
is for the State assistance program and of which $10,000,000 shall
be for the American Battlefield Protection Program grants as
authorized by chapter 3081 of title 54, United States Code.
CENTENNIAL CHALLENGE

For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $15,000,000, to remain available until expended,
for Centennial Challenge projects and programs: Provided, That
not less than 50 percent of the total cost of each project or program
shall be derived from non-Federal sources in the form of donated
cash, assets, or a pledge of donation guaranteed by an irrevocable
letter of credit.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)

In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a subaccount shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the National
Park System to extinguish or reduce liability for Possessory Interest
or leasehold surrender interest. Such funds may only be used for
this purpose to the extent that the benefitting unit anticipated
franchise fee receipts over the term of the contract at that unit
exceed the amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to the
sub-account of the originating unit over a period not to exceed
the term of a single contract at the benefitting unit, in the amount
of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the
Gulf of Mexico Energy Security Act of 2006 (Public Law 109–
432), the National Park Service may retain up to 3 percent of
the amounts which are authorized to be disbursed under such
section, such retained amounts to remain available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation,
for purposes authorized under 23 U.S.C. 204. Transfers may include
a reasonable amount for FHWA administrative support costs.
In fiscal year 2016 and each fiscal year thereafter, any amounts
deposited into the National Park Service trust fund accounts (31
U.S.C. 1321(a)(l7)–(18)) shall be invested by the Secretary of the
Treasury in interest bearing obligations of the United States to
the extent such amounts are not, in his judgment, required to
meet current withdrawals: Provided, That interest earned by such
investments shall be available for obligation without further appropriation, to the benefit of the project.

H. R. 2029—293
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the United States Geological Survey
to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water
resources of the United States, its territories and possessions, and
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify
lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program
(30 U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30 U.S.C.
3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as authorized by law; and to publish and disseminate data relative to the
foregoing activities; $1,062,000,000, to remain available until September 30, 2017; of which $57,637,189 shall remain available until
expended for satellite operations; and of which $7,280,000 shall
be available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost: Provided, That
none of the funds provided for the ecosystem research activity
shall be used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner: Provided
further, That no part of this appropriation shall be used to pay
more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation with States and municipalities.
ADMINISTRATIVE PROVISIONS

From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary shall
be available for contracting for the furnishing of topographic maps
and for the making of geophysical or other specialized surveys
when it is administratively determined that such procedures are
in the public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands for gauging
stations and observation wells; expenses of the United States
National Committee for Geological Sciences; and payment of compensation and expenses of persons employed by the Survey duly
appointed to represent the United States in the negotiation and
administration of interstate compacts: Provided, That activities
funded by appropriations herein made may be accomplished through
the use of contracts, grants, or cooperative agreements as defined
in section 6302 of title 31, United States Code: Provided further,
That the United States Geological Survey may enter into contracts
or cooperative agreements directly with individuals or indirectly
with institutions or nonprofit organizations, without regard to 41
U.S.C. 6101, for the temporary or intermittent services of students
or recent graduates, who shall be considered employees for the
purpose of chapters 57 and 81 of title 5, United States Code,
relating to compensation for travel and work injuries, and chapter
171 of title 28, United States Code, relating to tort claims, but
shall not be considered to be Federal employees for any other
purposes.

H. R. 2029—294
BUREAU

OF

OCEAN ENERGY MANAGEMENT

OCEAN ENERGY MANAGEMENT

For expenses necessary for granting leases, easements, rightsof-way and agreements for use for oil and gas, other minerals,
energy, and marine-related purposes on the Outer Continental Shelf
and approving operations related thereto, as authorized by law;
for environmental studies, as authorized by law; for implementing
other laws and to the extent provided by Presidential or Secretarial
delegation; and for matching grants or cooperative agreements,
$170,857,000, of which $74,235,000, is to remain available until
September 30, 2017 and of which $96,622,000 is to remain available
until expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary and credited to
this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau
of Ocean Energy Management pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further, That the sum
herein appropriated shall be reduced as such collections are received
during the fiscal year, so as to result in a final fiscal year 2016
appropriation estimated at not more than $74,235,000: Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities.
BUREAU

OF

SAFETY

AND

ENVIRONMENTAL ENFORCEMENT

OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

For expenses necessary for the regulation of operations related
to leases, easements, rights-of-way and agreements for use for oil
and gas, other minerals, energy, and marine-related purposes on
the Outer Continental Shelf, as authorized by law; for enforcing
and implementing laws and regulations as authorized by law and
to the extent provided by Presidential or Secretarial delegation;
and for matching grants or cooperative agreements, $124,772,000,
of which $67,565,000 is to remain available until September 30,
2017 and of which $57,207,000 is to remain available until
expended: Provided, That this total appropriation shall be reduced
by amounts collected by the Secretary and credited to this appropriation from additions to receipts resulting from increases to lease
rental rates in effect on August 5, 1993, and from cost recovery
fees from activities conducted by the Bureau of Safety and Environmental Enforcement pursuant to the Outer Continental Shelf Lands
Act, including studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are received during
the fiscal year, so as to result in a final fiscal year 2016 appropriation estimated at not more than $67,565,000.
For an additional amount, $65,000,000, to remain available
until expended, to be reduced by amounts collected by the Secretary
and credited to this appropriation, which shall be derived from
non-refundable inspection fees collected in fiscal year 2016, as provided in this Act: Provided, That to the extent that amounts realized
from such inspection fees exceed $65,000,000, the amounts realized

H. R. 2029—295
in excess of $65,000,000 shall be credited to this appropriation
and remain available until expended: Provided further, That for
fiscal year 2016, not less than 50 percent of the inspection fees
expended by the Bureau of Safety and Environmental Enforcement
will be used to fund personnel and mission-related costs to expand
capacity and expedite the orderly development, subject to environmental safeguards, of the Outer Continental Shelf pursuant to
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
including the review of applications for permits to drill.
OIL SPILL RESEARCH

For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201
of the Oil Pollution Act of 1990, $14,899,000, which shall be derived
from the Oil Spill Liability Trust Fund, to remain available until
expended.
OFFICE

OF

SURFACE MINING RECLAMATION

AND

ENFORCEMENT

REGULATION AND TECHNOLOGY

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law
95–87, $123,253,000, to remain available until September 30, 2017:
Provided, That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95–
87 (30 U.S.C. 1257), $40,000, to remain available until expended:
Provided, That fees assessed and collected by the Office pursuant
to such section 507 shall be credited to this account as discretionary
offsetting collections, to remain available until expended: Provided
further, That the sum herein appropriated from the general fund
shall be reduced as collections are received during the fiscal year,
so as to result in a fiscal year 2016 appropriation estimated at
not more than $123,253,000.
ABANDONED MINE RECLAMATION FUND

For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95–87,
$27,303,000, to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended: Provided, That pursuant to Public Law 97–365, the Department of
the Interior is authorized to use up to 20 percent from the recovery
of the delinquent debt owed to the United States Government
to pay for contracts to collect these debts: Provided further, That
funds made available under title IV of Public Law 95–87 may
be used for any required non-Federal share of the cost of projects
funded by the Federal Government for the purpose of environmental
restoration related to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Surface Mining
Control and Reclamation Act: Provided further, That amounts provided under this heading may be used for the travel and per

H. R. 2029—296
diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
In addition, $90,000,000, to remain available until expended,
for grants to States for reclamation of abandoned mine lands and
other related activities in accordance with the terms and conditions
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That such
additional amount shall be used for economic and community
development in conjunction with the priorities in section 403(a)
of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233(a)): Provided further, That such additional amount
shall be distributed in equal amounts to the 3 Appalachian States
with the greatest amount of unfunded needs to meet the priorities
described in paragraphs (1) and (2) of such section: Provided further,
That such additional amount shall be allocated to States within
60 days after the date of enactment of this Act.
BUREAU

OF INDIAN

AFFAIRS

AND

BUREAU

OF INDIAN

EDUCATION

OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the operation of Indian programs,
as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), the Education
Amendments of 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), $2,267,924,000,
to remain available until September 30, 2017, except as otherwise
provided herein; of which not to exceed $8,500 may be for official
reception and representation expenses; of which not to exceed
$74,791,000 shall be for welfare assistance payments: Provided,
That, in cases of designated Federal disasters, the Secretary may
exceed such cap, from the amounts provided herein, to provide
for disaster relief to Indian communities affected by the disaster:
Provided further, That federally recognized Indian tribes and tribal
organizations of federally recognized Indian tribes may use their
tribal priority allocations for unmet welfare assistance costs: Provided further, That not to exceed $628,351,000 for school operations
costs of Bureau-funded schools and other education programs shall
become available on July 1, 2016, and shall remain available until
September 30, 2017: Provided further, That not to exceed
$43,813,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support,
land records improvement, and the Navajo-Hopi Settlement Program: Provided further, That, notwithstanding any other provision
of law, including but not limited to the Indian Self-Determination
Act of 1975 (25 U.S.C. 450f et seq.) and section 1128 of the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed
$73,276,000 within and only from such amounts made available
for school operations shall be available for administrative cost
grants associated with grants approved prior to July 1, 2016: Provided further, That any forestry funds allocated to a federally recognized tribe which remain unobligated as of September 30, 2017,
may be transferred during fiscal year 2018 to an Indian forest
land assistance account established for the benefit of the holder

H. R. 2029—297
of the funds within the holder’s trust fund account: Provided further,
That any such unobligated balances not so transferred shall expire
on September 30, 2018: Provided further, That, in order to enhance
the safety of Bureau field employees, the Bureau may use funds
to purchase uniforms or other identifying articles of clothing for
personnel.
CONTRACT SUPPORT COSTS

For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Bureau of Indian Affairs
for fiscal year 2016, such sums as may be necessary, which shall
be available for obligation through September 30, 2017: Provided,
That amounts obligated but not expended by a tribe or tribal
organization for contract support costs for such agreements for
the current fiscal year shall be applied to contract support costs
otherwise due for such agreements for subsequent fiscal years:
Provided further, That, notwithstanding any other provision of law,
no amounts made available under this heading shall be available
for transfer to another budget account.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)

For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract;
acquisition of lands, and interests in lands; and preparation of
lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483, $193,973,000, to remain
available until expended: Provided, That such amounts as may
be available for the construction of the Navajo Indian Irrigation
Project may be transferred to the Bureau of Reclamation: Provided
further, That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway Trust
Fund may be used to cover the road program management costs
of the Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made
available on a nonreimbursable basis: Provided further, That for
fiscal year 2016, in implementing new construction, replacement
facilities construction, or facilities improvement and repair project
grants in excess of $100,000 that are provided to grant schools
under Public Law 100–297, the Secretary of the Interior shall
use the Administrative and Audit Requirements and Cost Principles
for Assistance Programs contained in 43 CFR part 12 as the regulatory requirements: Provided further, That such grants shall not
be subject to section 12.61 of 43 CFR; the Secretary and the grantee
shall negotiate and determine a schedule of payments for the work
to be performed: Provided further, That in considering grant applications, the Secretary shall consider whether such grantee would
be deficient in assuring that the construction projects conform to
applicable building standards and codes and Federal, tribal, or
State health and safety standards as required by 25 U.S.C. 2005(b),
with respect to organizational and financial management capabilities: Provided further, That if the Secretary declines a grant application, the Secretary shall follow the requirements contained in 25

H. R. 2029—298
U.S.C. 2504(f): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject
to the disputes provision in 25 U.S.C. 2507(e): Provided further,
That in order to ensure timely completion of construction projects,
the Secretary may assume control of a project and all funds related
to the project, if, within 18 months of the date of enactment of
this Act, any grantee receiving funds appropriated in this Act
or in any prior Act, has not completed the planning and design
phase of the project and commenced construction: Provided further,
That this appropriation may be reimbursed from the Office of
the Special Trustee for American Indians appropriation for the
appropriate share of construction costs for space expansion needed
in agency offices to meet trust reform implementation.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS

For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to Public Laws 99–264, 100–580, 101–618, 111–11, and 111–
291, and for implementation of other land and water rights settlements, $49,475,000, to remain available until expended.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

For the cost of guaranteed loans and insured loans, $7,748,000,
of which $1,062,000 is for administrative expenses, as authorized
by the Indian Financing Act of 1974: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed or insured, not to
exceed $113,804,510.
ADMINISTRATIVE PROVISIONS

The Bureau of Indian Affairs may carry out the operation
of Indian programs by direct expenditure, contracts, cooperative
agreements, compacts, and grants, either directly or in cooperation
with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management, operation,
and maintenance of the Power Division of the San Carlos Irrigation
Project.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Affairs for central office oversight and
Executive Direction and Administrative Services (except executive
direction and administrative services funding for Tribal Priority
Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public Law 103–413).
In the event any tribe returns appropriations made available
by this Act to the Bureau of Indian Affairs, this action shall not
diminish the Federal Government’s trust responsibility to that tribe,
or the government-to-government relationship between the United

H. R. 2029—299
States and that tribe, or that tribe’s ability to access future appropriations.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Education, other than the amounts provided
herein for assistance to public schools under 25 U.S.C. 452 et
seq., shall be available to support the operation of any elementary
or secondary school in the State of Alaska.
No funds available to the Bureau of Indian Education shall
be used to support expanded grades for any school or dormitory
beyond the grade structure in place or approved by the Secretary
of the Interior at each school in the Bureau of Indian Education
school system as of October 1, 1995, except that the Secretary
of the Interior may waive this prohibition to support expansion
of up to one additional grade when the Secretary determines such
waiver is needed to support accomplishment of the mission of the
Bureau of Indian Education. Appropriations made available in this
or any prior Act for schools funded by the Bureau shall be available,
in accordance with the Bureau’s funding formula, only to the schools
in the Bureau school system as of September 1, 1996, and to
any school or school program that was reinstated in fiscal year
2012. Funds made available under this Act may not be used to
establish a charter school at a Bureau-funded school (as that term
is defined in section 1141 of the Education Amendments of 1978
(25 U.S.C. 2021)), except that a charter school that is in existence
on the date of the enactment of this Act and that has operated
at a Bureau-funded school before September 1, 1999, may continue
to operate during that period, but only if the charter school pays
to the Bureau a pro rata share of funds to reimburse the Bureau
for the use of the real and personal property (including buses
and vans), the funds of the charter school are kept separate and
apart from Bureau funds, and the Bureau does not assume any
obligation for charter school programs of the State in which the
school is located if the charter school loses such funding. Employees
of Bureau-funded schools sharing a campus with a charter school
and performing functions related to the charter school’s operation
and employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United States
Code.
Notwithstanding any other provision of law, including section
113 of title I of appendix C of Public Law 106–113, if in fiscal
year 2003 or 2004 a grantee received indirect and administrative
costs pursuant to a distribution formula based on section 5(f) of
Public Law 101–301, the Secretary shall continue to distribute
indirect and administrative cost funds to such grantee using the
section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this
prohibition in order for an Indian tribe to provide language and
cultural immersion educational programs for non-public schools
located within the jurisdictional area of the tribal government which
exclusively serve tribal members, do not include grades beyond
those currently served at the existing Bureau-funded school, provide
an educational environment with educator presence and academic
facilities comparable to the Bureau-funded school, comply with all
applicable Tribal, Federal, or State health and safety standards,

H. R. 2029—300
and the Americans with Disabilities Act, and demonstrate the benefits of establishing operations at a satellite location in lieu of incurring extraordinary costs, such as for transportation or other impacts
to students such as those caused by busing students extended
distances: Provided, That no funds available under this Act may
be used to fund operations, maintenance, rehabilitation, construction or other facilities-related costs for such assets that are not
owned by the Bureau: Provided further, That the term ‘‘satellite
school’’ means a school location physically separated from the
existing Bureau school by more than 50 miles but that forms
part of the existing school in all other respects.
DEPARTMENTAL OFFICES
OFFICE

OF THE

SECRETARY

DEPARTMENTAL OPERATIONS

For necessary expenses for management of the Department
of the Interior, including the collection and disbursement of royalties, fees, and other mineral revenue proceeds, and for grants and
cooperative agreements, as authorized by law, $721,769,000, to
remain available until September 30, 2017; of which not to exceed
$15,000 may be for official reception and representation expenses;
and of which up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments
associated with the orderly closure of the United States Bureau
of Mines; and of which $12,618,000 for the Office of Valuation
Services is to be derived from the Land and Water Conservation
Fund and shall remain available until expended; and of which
$38,300,000 shall remain available until expended for the purpose
of mineral revenue management activities: Provided, That notwithstanding any other provision of law, $15,000 under this heading
shall be available for refunds of overpayments in connection with
certain Indian leases in which the Secretary concurred with the
claimed refund due, to pay amounts owed to Indian allottees or
tribes, or to correct prior unrecoverable erroneous payments.
ADMINISTRATIVE PROVISIONS

For fiscal year 2016, up to $400,000 of the payments authorized
by the Act of October 20, 1976 (31 U.S.C. 6901–6907) may be
retained for administrative expenses of the Payments in Lieu of
Taxes Program: Provided, That no payment shall be made pursuant
to that Act to otherwise eligible units of local government if the
computed amount of the payment is less than $100: Provided further, That the Secretary may reduce the payment authorized by
31 U.S.C. 6901–6907 for an individual county by the amount necessary to correct prior year overpayments to that county: Provided
further, That the amount needed to correct a prior year underpayment to an individual county shall be paid from any reductions
for overpayments to other counties and the amount necessary to
cover any remaining underpayment is hereby appropriated and
shall be paid to individual counties: Provided further, That of the
total amount made available by this title for ‘‘Office of the Secretary—Departmental Operations’’, $452,000,000 shall be available
to the Secretary of the Interior for an additional amount for fiscal

H. R. 2029—301
year 2016 for payments in lieu of taxes under chapter 69 of title
31, United States Code.
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108–188, $86,976,000,
of which: (1) $77,528,000 shall remain available until expended
for territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants to
the judiciary in American Samoa for compensation and expenses,
as authorized by law (48 U.S.C. 1661(c)); grants to the Government
of American Samoa, in addition to current local revenues, for
construction and support of governmental functions; grants to the
Government of the Virgin Islands as authorized by law; grants
to the Government of Guam, as authorized by law; and grants
to the Government of the Northern Mariana Islands as authorized
by law (Public Law 94–241; 90 Stat. 272); and (2) $9,448,000 shall
be available until September 30, 2017, for salaries and expenses
of the Office of Insular Affairs: Provided, That all financial transactions of the territorial and local governments herein provided
for, including such transactions of all agencies or instrumentalities
established or used by such governments, may be audited by the
Government Accountability Office, at its discretion, in accordance
with chapter 35 of title 31, United States Code: Provided further,
That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for
the Northern Mariana Islands approved by Public Law 104–134:
Provided further, That the funds for the program of operations
and maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee’s commitment to
timely maintenance of its capital assets: Provided further, That
any appropriation for disaster assistance under this heading in
this Act or previous appropriations Acts may be used as nonFederal matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION

For grants and necessary expenses, $3,318,000, to remain available until expended, as provided for in sections 221(a)(2) and 233
of the Compact of Free Association for the Republic of Palau;
and section 221(a)(2) of the Compacts of Free Association for the
Government of the Republic of the Marshall Islands and the Federated States of Micronesia, as authorized by Public Law 99–658
and Public Law 108–188.

H. R. 2029—302
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)

At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided under
section 104(e) of Public Law 108–188 and Public Law 104–134,
that are allocated for Guam, to the Secretary of Agriculture for
the subsidy cost of direct or guaranteed loans, plus not to exceed
three percent of the amount of the subsidy transferred for the
cost of loan administration, for the purposes authorized by the
Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act for construction and repair
projects in Guam, and such funds shall remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That such loans or loan
guarantees may be made without regard to the population of the
area, credit elsewhere requirements, and restrictions on the types
of eligible entities under the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary
of Agriculture shall be in addition to funds otherwise made available
to make or guarantee loans under such authorities.
OFFICE

OF THE

SOLICITOR

SALARIES AND EXPENSES

For necessary
$65,800,000.

expenses

OFFICE

of

the

OF INSPECTOR

Office

of

the

Solicitor,

GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General,
$50,047,000.
OFFICE

OF THE

SPECIAL TRUSTEE

FOR

AMERICAN INDIANS

FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $139,029,000, to remain available until expended, of which
not to exceed $22,120,000 from this or any other Act, may be
available for historical accounting: Provided, That funds for trust
management improvements and litigation support may, as needed,
be transferred to or merged with the Bureau of Indian Affairs
and Bureau of Indian Education, ‘‘Operation of Indian Programs’’
account; the Office of the Solicitor, ‘‘Salaries and Expenses’’ account;
and the Office of the Secretary, ‘‘Departmental Operations’’ account:
Provided further, That funds made available through contracts or
grants obligated during fiscal year 2016, as authorized by the
Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.),

H. R. 2029—303
shall remain available until expended by the contractor or grantee:
Provided further, That, notwithstanding any other provision of law,
the Secretary shall not be required to provide a quarterly statement
of performance for any Indian trust account that has not had
activity for at least 15 months and has a balance of $15 or less:
Provided further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and shall
permit the balance in each such account to be withdrawn upon
the express written request of the account holder: Provided further,
That not to exceed $50,000 is available for the Secretary to make
payments to correct administrative errors of either disbursements
from or deposits to Individual Indian Money or Tribal accounts
after September 30, 2002: Provided further, That erroneous payments that are recovered shall be credited to and remain available
in this account for this purpose: Provided further, That the Secretary shall not be required to reconcile Special Deposit Accounts
with a balance of less than $500 unless the Office of the Special
Trustee receives proof of ownership from a Special Deposit Accounts
claimant.
DEPARTMENT-WIDE PROGRAMS
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, hazardous fuels management activities, and rural fire assistance by
the Department of the Interior, $816,745,000, to remain available
until expended, of which not to exceed $6,427,000 shall be for
the renovation or construction of fire facilities: Provided, That such
funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred
for such purposes: Provided further, That of the funds provided
$170,000,000 is for hazardous fuels management activities: Provided
further, That of the funds provided $18,970,000 is for burned area
rehabilitation: Provided further, That persons hired pursuant to
43 U.S.C. 1469 may be furnished subsistence and lodging without
cost from funds available from this appropriation: Provided further,
That notwithstanding 42 U.S.C. 1856d, sums received by a bureau
or office of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United
States property, may be credited to the appropriation from which
funds were expended to provide that protection, and are available
without fiscal year limitation: Provided further, That using the
amounts designated under this title of this Act, the Secretary of
the Interior may enter into procurement contracts, grants, or
cooperative agreements, for hazardous fuels management and resilient landscapes activities, and for training and monitoring associated with such hazardous fuels management and resilient landscapes activities on Federal land, or on adjacent non-Federal land
for activities that benefit resources on Federal land: Provided further, That the costs of implementing any cooperative agreement
between the Federal Government and any non-Federal entity may
be shared, as mutually agreed on by the affected parties: Provided
further, That notwithstanding requirements of the Competition in

H. R. 2029—304
Contracting Act, the Secretary, for purposes of hazardous fuels
management and resilient landscapes activities, may obtain maximum practicable competition among: (1) local private, nonprofit,
or cooperative entities; (2) Youth Conservation Corps crews, Public
Lands Corps (Public Law 109–154), or related partnerships with
State, local, or nonprofit youth groups; (3) small or micro-businesses;
or (4) other entities that will hire or train locally a significant
percentage, defined as 50 percent or more, of the project workforce
to complete such contracts: Provided further, That in implementing
this section, the Secretary shall develop written guidance to field
units to ensure accountability and consistent application of the
authorities provided herein: Provided further, That funds appropriated under this heading may be used to reimburse the United
States Fish and Wildlife Service and the National Marine Fisheries
Service for the costs of carrying out their responsibilities under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act, in
connection with wildland fire management activities: Provided further, That the Secretary of the Interior may use wildland fire
appropriations to enter into leases of real property with local governments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including
but not limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated
with the lease: Provided further, That the Secretary of the Interior
and the Secretary of Agriculture may authorize the transfer of
funds appropriated for wildland fire management, in an aggregate
amount not to exceed $50,000,000, between the Departments when
such transfers would facilitate and expedite wildland fire management programs and projects: Provided further, That funds provided
for wildfire suppression shall be available for support of Federal
emergency response actions: Provided further, That funds appropriated under this heading shall be available for assistance to
or through the Department of State in connection with forest and
rangeland research, technical information, and assistance in foreign
countries, and, with the concurrence of the Secretary of State,
shall be available to support forestry, wildland fire management,
and related natural resource activities outside the United States
and its territories and possessions, including technical assistance,
education and training, and cooperation with United States and
international organizations.
FLAME WILDFIRE SUPPRESSION RESERVE FUND
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for large fire suppression operations
of the Department of the Interior and as a reserve fund for suppression and Federal emergency response activities, $177,000,000, to
remain available until expended: Provided, That such amounts
are only available for transfer to the ‘‘Wildland Fire Management’’
account following a declaration by the Secretary in accordance
with section 502 of the FLAME Act of 2009 (43 U.S.C. 1748a).

H. R. 2029—305
CENTRAL HAZARDOUS MATERIALS FUND

For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the response action,
including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability
Act (42 U.S.C. 9601 et seq.), $10,010,000, to remain available until
expended.
NATURAL RESOURCE DAMAGE ASSESSMENT

AND

RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department
of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability
Act (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.), and Public Law 101–337 (16 U.S.C. 19jj
et seq.), $7,767,000, to remain available until expended.
WORKING CAPITAL FUND

For the operation and maintenance of a departmental financial
and business management system, information technology improvements of general benefit to the Department, and the consolidation
of facilities and operations throughout the Department, $67,100,000,
to remain available until expended: Provided, That none of the
funds appropriated in this Act or any other Act may be used
to establish reserves in the Working Capital Fund account other
than for accrued annual leave and depreciation of equipment without prior approval of the Committees on Appropriations of the
House of Representatives and the Senate: Provided further, That
the Secretary may assess reasonable charges to State, local and
tribal government employees for training services provided by the
National Indian Program Training Center, other than training
related to Public Law 93–638: Provided further, That the Secretary
may lease or otherwise provide space and related facilities, equipment or professional services of the National Indian Program
Training Center to State, local and tribal government employees
or persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title 40,
United States Code) at the prevailing rate for similar space, facilities, equipment, or services in the vicinity of the National Indian
Program Training Center: Provided further, That all funds received
pursuant to the two preceding provisos shall be credited to this
account, shall be available until expended, and shall be used by
the Secretary for necessary expenses of the National Indian Program Training Center: Provided further, That the Secretary may
enter into grants and cooperative agreements to support the Office
of Natural Resource Revenue’s collection and disbursement of royalties, fees, and other mineral revenue proceeds, as authorized by
law.

H. R. 2029—306
ADMINISTRATIVE PROVISION

There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase or through available excess surplus property: Provided, That existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft.
GENERAL PROVISIONS, DEPARTMENT

OF THE INTERIOR

(INCLUDING TRANSFERS OF FUNDS)
EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

SEC. 101. Appropriations made in this title shall be available
for expenditure or transfer (within each bureau or office), with
the approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant
to this section must be replenished by a supplemental appropriation,
which must be requested as promptly as possible.
EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

SEC. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in addition
to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of wildland
fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burnedover lands under its jurisdiction; for emergency actions related
to potential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous
substances into the environment; for the prevention, suppression,
and control of actual or potential grasshopper and Mormon cricket
outbreaks on lands under the jurisdiction of the Secretary, pursuant
to the authority in section 417(b) of Public Law 106–224 (7 U.S.C.
7717(b)); for emergency reclamation projects under section 410 of
Public Law 95–87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying
out the regulatory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for wildland fire operations
shall be available for the payment of obligations incurred during
the preceding fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other equipment
in connection with their use for wildland fire operations, such
reimbursement to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for wildland
fire operations, no funds shall be made available under this

H. R. 2029—307
authority until the Secretary determines that funds appropriated
for ‘‘wildland fire operations’’ and ‘‘FLAME Wildfire Suppression
Reserve Fund’’ shall be exhausted within 30 days: Provided further,
That all funds used pursuant to this section must be replenished
by a supplemental appropriation, which must be requested as
promptly as possible: Provided further, That such replenishment
funds shall be used to reimburse, on a pro rata basis, accounts
from which emergency funds were transferred.
AUTHORIZED USE OF FUNDS

SEC. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized
by section 3109 of title 5, United States Code, when authorized
by the Secretary, in total amount not to exceed $500,000; purchase
and replacement of motor vehicles, including specially equipped
law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when
authorized under regulations approved by the Secretary; and the
payment of dues, when authorized by the Secretary, for library
membership in societies or associations which issue publications
to members only or at a price to members lower than to subscribers
who are not members.
AUTHORIZED USE OF FUNDS, INDIAN TRUST MANAGEMENT

SEC. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and
Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the
same headings shall be available for expenditure or transfer for
Indian trust management and reform activities. Total funding for
historical accounting activities shall not exceed amounts specifically
designated in this Act for such purpose.
REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN AFFAIRS

SEC. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction
in Tribal Priority Allocation funds of more than 10 percent in
fiscal year 2016. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the
10 percent limitation does not apply.
ELLIS, GOVERNORS, AND LIBERTY ISLANDS

SEC. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters,
or interests therein including the use of all or part of any pier,
dock, or landing within the State of New York and the State
of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors
to Ellis, Governors, and Liberty Islands, and of other program

H. R. 2029—308
and administrative activities, by donation or with appropriated
funds, including franchise fees (and other monetary consideration),
or by exchange; and the Secretary is authorized to negotiate and
enter into leases, subleases, concession contracts or other agreements for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
OUTER CONTINENTAL SHELF INSPECTION FEES

SEC. 107. (a) In fiscal year 2016, the Secretary shall collect
a nonrefundable inspection fee, which shall be deposited in the
‘‘Offshore Safety and Environmental Enforcement’’ account, from
the designated operator for facilities subject to inspection under
43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2016 shall be:
(1) $10,500 for facilities with no wells, but with processing
equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2016. Fees for fiscal year 2016 shall be:
(1) $30,500 per inspection for rigs operating in water depths
of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water depths
of less than 500 feet.
(d) The Secretary shall bill designated operators under subsection (b) within 60 days, with payment required within 30 days
of billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the
inspection occurred, with payment required within 30 days of
billing.
BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION AND
ENFORCEMENT REORGANIZATION

SEC. 108. The Secretary of the Interior, in order to implement
a reorganization of the Bureau of Ocean Energy Management,
Regulation and Enforcement, may transfer funds among and
between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines
described in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
CONTRACTS AND AGREEMENTS FOR WILD HORSE AND BURRO HOLDING
FACILITIES

SEC. 109. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with
the provisions of section 3903 of title 41, United States Code (except
that the 5-year term restriction in subsection (a) shall not apply),
for the long-term care and maintenance of excess wild free roaming
horses and burros by such organizations or entities on private

H. R. 2029—309
land. Such cooperative agreements and contracts may not exceed
10 years, subject to renewal at the discretion of the Secretary.
MASS MARKING OF SALMONIDS

SEC. 110. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking
of salmonid stocks, intended for harvest, that are released from
federally operated or federally financed hatcheries including but
not limited to fish releases of coho, chinook, and steelhead species.
Marked fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
EXHAUSTION OF ADMINISTRATIVE REVIEW

SEC. 111. Paragraph (1) of section 122(a) of division E of Public
Law 112–74 (125 Stat. 1013) is amended by striking ‘‘through
2016,’’ in the first sentence and inserting ‘‘through 2018,’’.
WILD LANDS FUNDING PROHIBITION

SEC. 112. None of the funds made available in this Act or
any other Act may be used to implement, administer, or enforce
Secretarial Order No. 3310 issued by the Secretary of the Interior
on December 22, 2010: Provided, That nothing in this section shall
restrict the Secretary’s authorities under sections 201 and 202
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1711 and 1712).
BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS

SEC. 113. Section 115(d) of division E of Public Law 112–
74 (25 U.S.C. 2000 note) is amended by striking ‘‘2017’’ and
inserting ‘‘2027’’.
VOLUNTEERS IN PARKS

SEC. 114. Section 102301(d) of title 54, United States Code,
is amended by striking ‘‘$3,500,000’’ and inserting ‘‘$7,000,000’’.
CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS

SEC. 115. Notwithstanding any other provision of law, during
fiscal year 2016, in carrying out work involving cooperation with
State, local, and tribal governments or any political subdivision
thereof, Indian Affairs may record obligations against accounts
receivable from any such entities, except that total obligations at
the end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
HERITAGE AREAS

SEC. 116. (a) Section 157(h)(1) of title I of Public Law 106–
291 (16 U.S.C. 461 note) is amended by striking ‘‘$11,000,000’’
and inserting ‘‘$13,000,000’’.
(b) Division II of Public Law 104–333 (16 U.S.C. 461 note)
is amended—

H. R. 2029—310
(1) in sections 409(a), 508(a), and 812(a) by striking
‘‘$15,000,000’’ and inserting ‘‘$17,000,000’’; and
(2) in sections 208, 310, and 607 by striking ‘‘2015’’ and
inserting ‘‘2017’’.
SAGE-GROUSE

SEC. 117. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to write
or issue pursuant to section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533)—
(1) a proposed rule for greater sage-grouse
(Centrocercus urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
ONSHORE PAY AUTHORITY EXTENSION

SEC. 118. For fiscal year 2016, funds made available in this
title for the Bureau of Land Management and the Bureau of Indian
Affairs may be used by the Secretary of the Interior to establish
higher minimum rates of basic pay for employees of the Department
of the Interior carrying out the inspection and regulation of onshore
oil and gas operations on public lands in the Petroleum Engineer
(GS–0881) and Petroleum Engineering Technician (GS–0802) job
series at grades 5 through 14 at rates no greater than 25 percent
above the minimum rates of basic pay normally scheduled, and
such higher rates shall be consistent with subsections (e) through
(h) of section 5305 of title 5, United States Code.
REPUBLIC OF PALAU

SEC. 119. (a) IN GENERAL.—Subject to subsection (c), the United
States Government, through the Secretary of the Interior shall
provide to the Government of Palau for fiscal year 2016 grants
in amounts equal to the annual amounts specified in subsections
(a), (c), and (d) of section 211 of the Compact of Free Association
between the Government of the United States of America and
the Government of Palau (48 U.S.C. 1931 note) (referred to in
this section as the ‘‘Compact’’).
(b) PROGRAMMATIC ASSISTANCE.—Subject to subsection (c), the
United States shall provide programmatic assistance to the Republic
of Palau for fiscal year 2016 in amounts equal to the amounts
provided in subsections (a) and (b)(1) of section 221 of the Compact.
(c) LIMITATIONS ON ASSISTANCE.—
(1) IN GENERAL.—The grants and programmatic assistance
provided under subsections (a) and (b) shall be provided to
the same extent and in the same manner as the grants and
assistance were provided in fiscal year 2009.
(2) TRUST FUND.—If the Government of Palau withdraws
more than $5,000,000 from the trust fund established under
section 211(f) of the Compact, amounts to be provided under
subsections (a) and (b) shall be withheld from the Government
of Palau.

H. R. 2029—311
WILDLIFE RESTORATION EXTENSION OF INVESTMENT OF UNEXPENDED
AMOUNTS

SEC. 120. Section 3(b)(2)(C) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b(b)(2)(C)) is amended by striking
‘‘2016’’ and inserting ‘‘2026’’.
PROHIBITION ON USE OF FUNDS

SEC. 121. (a) Any proposed new use of the Arizona & California
Railroad Company’s Right of Way for conveyance of water shall
not proceed unless the Secretary of the Interior certifies that the
proposed new use is within the scope of the Right of Way.
(b) No funds appropriated or otherwise made available to the
Department of the Interior may be used, in relation to any proposal
to store water underground for the purpose of export, for approval
of any right-of-way or similar authorization on the Mojave National
Preserve or lands managed by the Needles Field Office of the
Bureau of Land Management, or for carrying out any activities
associated with such right-of-way or similar approval.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE

AND

TECHNOLOGY

For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980; necessary expenses for personnel and
related costs and travel expenses; procurement of laboratory equipment and supplies; and other operating expenses in support of
research and development, $734,648,000, to remain available until
September 30, 2017: Provided, That of the funds included under
this heading, $14,100,000 shall be for Research: National Priorities
as specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
ENVIRONMENTAL PROGRAMS

AND

MANAGEMENT

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and
related costs and travel expenses; hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase of reprints;
library memberships in societies or associations which issue publications to members only or at a price to members lower than to
subscribers who are not members; administrative costs of the
brownfields program under the Small Business Liability Relief and
Brownfields Revitalization Act of 2002; and not to exceed $9,000
for official reception and representation expenses, $2,613,679,000,
to remain available until September 30, 2017: Provided, That of
the funds included under this heading, $12,700,000 shall be for
Environmental Protection: National Priorities as specified in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That
of the funds included under this heading, $427,737,000 shall be
for Geographic Programs specified in the explanatory statement

H. R. 2029—312
described in section 4 (in the matter preceding division A of this
consolidated Act).
HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND
For necessary expenses to carry out section 3024 of the Solid
Waste Disposal Act (42 U.S.C. 6939g), including the development,
operation, maintenance, and upgrading of the hazardous waste
electronic manifest system established by such section, $3,674,000,
to remain available until September 30, 2018.
OFFICE

OF INSPECTOR

GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,489,000, to remain available until September 30, 2017.
BUILDINGS

AND

FACILITIES

For construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of, or for use by,
the Environmental Protection Agency, $42,317,000, to remain available until expended.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42
U.S.C. 9611) $1,088,769,000, to remain available until expended,
consisting of such sums as are available in the Trust Fund on
September 30, 2015, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and
up to $1,088,769,000 as a payment from general revenues to the
Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA: Provided, That funds appropriated under
this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA: Provided further, That of
the funds appropriated under this heading, $9,939,000 shall be
paid to the ‘‘Office of Inspector General’’ appropriation to remain
available until September 30, 2017, and $18,850,000 shall be paid
to the ‘‘Science and Technology’’ appropriation to remain available
until September 30, 2017.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM
For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid
Waste Disposal Act, $91,941,000, to remain available until
expended, of which $66,572,000 shall be for carrying out leaking
underground storage tank cleanup activities authorized by section
9003(h) of the Solid Waste Disposal Act; $25,369,000 shall be for
carrying out the other provisions of the Solid Waste Disposal Act
specified in section 9508(c) of the Internal Revenue Code: Provided,
That the Administrator is authorized to use appropriations made
available under this heading to implement section 9013 of the

H. R. 2029—313
Solid Waste Disposal Act to provide financial assistance to federally
recognized Indian tribes for the development and implementation
of programs to manage underground storage tanks.
INLAND OIL SPILL PROGRAMS
For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990,
$18,209,000, to be derived from the Oil Spill Liability trust fund,
to remain available until expended.
STATE

AND

TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,518,161,000, to remain available until expended, of which—
(1) $1,393,887,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI
of the Federal Water Pollution Control Act; and of which
$863,233,000 shall be for making capitalization grants for the
Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That for fiscal year
2016, to the extent there are sufficient eligible project applications and projects are consistent with State Intended Use Plans,
not less than 10 percent of the funds made available under
this title to each State for Clean Water State Revolving Fund
capitalization grants shall be used by the State for projects
to address green infrastructure, water or energy efficiency
improvements, or other environmentally innovative activities:
Provided further, That for fiscal year 2016, funds made available under this title to each State for Drinking Water State
Revolving Fund capitalization grants may, at the discretion
of each State, be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as
principal in loans made by such fund in fiscal year 2016 and
prior years where such amounts represent costs of administering the fund to the extent that such amounts are or were
deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible
purposes of the fund, including administration: Provided further, That for fiscal year 2016, notwithstanding the limitation
on amounts in section 518(c) of the Federal Water Pollution
Control Act, up to a total of 2 percent of the funds appropriated,
or $30,000,000, whichever is greater, and notwithstanding the
limitation on amounts in section 1452(i) of the Safe Drinking
Water Act, up to a total of 2 percent of the funds appropriated,
or $20,000,000, whichever is greater, for State Revolving Funds
under such Acts may be reserved by the Administrator for
grants under section 518(c) and section 1452(i) of such Acts:
Provided further, That for fiscal year 2016, notwithstanding
the amounts specified in section 205(c) of the Federal Water
Pollution Control Act, up to 1.5 percent of the aggregate funds

H. R. 2029—314
appropriated for the Clean Water State Revolving Fund program under the Act less any sums reserved under section
518(c) of the Act, may be reserved by the Administrator for
grants made under title II of the Federal Water Pollution
Control Act for American Samoa, Guam, the Commonwealth
of the Northern Marianas, and United States Virgin Islands:
Provided further, That for fiscal year 2016, notwithstanding
the limitations on amounts specified in section 1452(j) of the
Safe Drinking Water Act, up to 1.5 percent of the funds appropriated for the Drinking Water State Revolving Fund programs
under the Safe Drinking Water Act may be reserved by the
Administrator for grants made under section 1452(j) of the
Safe Drinking Water Act: Provided further, That 10 percent
of the funds made available under this title to each State
for Clean Water State Revolving Fund capitalization grants
and 20 percent of the funds made available under this title
to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to provide additional
subsidy to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants (or any combination
of these), and shall be so used by the State only where such
funds are provided as initial financing for an eligible recipient
or to buy, refinance, or restructure the debt obligations of
eligible recipients only where such debt was incurred on or
after the date of enactment of this Act;
(2) $10,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection
with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission; Provided,
That no funds provided by this appropriations Act to address
the water, wastewater and other critical infrastructure needs
of the colonias in the United States along the United StatesMexico border shall be made available to a county or municipal
government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in
that jurisdiction the development or construction of any additional colonia areas, or the development within an existing
colonia the construction of any new home, business, or other
structure which lacks water, wastewater, or other necessary
infrastructure;
(3) $20,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be
used for administrative and overhead expenses; and (C) the
State of Alaska shall make awards consistent with the Statewide priority list established in conjunction with the Agency
and the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the funds
provided for projects in regional hub communities;

H. R. 2029—315
(4) $80,000,000 shall be to carry out section 104(k) of
the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (CERCLA), including grants, interagency agreements, and associated program support costs: Provided, That not more than 25 percent of the amount appropriated to carry out section 104(k) of CERCLA shall be used
for site characterization, assessment, and remediation of facilities described in section 101(39)(D)(ii)(II) of CERCLA;
(5) $50,000,000 shall be for grants under title VII, subtitle
G of the Energy Policy Act of 2005;
(6) $20,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions of the explanatory
statement described in section 4 (in the matter preceding division A of this consolidated Act);
(7) $1,060,041,000 shall be for grants, including associated
program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention,
control and abatement and related activities, including activities pursuant to the provisions set forth under this heading
in Public Law 104–134, and for making grants under section
103 of the Clean Air Act for particulate matter monitoring
and data collection activities subject to terms and conditions
specified by the Administrator, of which: $47,745,000 shall
be for carrying out section 128 of CERCLA; $9,646,000 shall
be for Environmental Information Exchange Network grants,
including associated program support costs; $1,498,000 shall
be for grants to States under section 2007(f)(2) of the Solid
Waste Disposal Act, which shall be in addition to funds appropriated under the heading ‘‘Leaking Underground Storage Tank
Trust Fund Program’’ to carry out the provisions of the Solid
Waste Disposal Act specified in section 9508(c) of the Internal
Revenue Code other than section 9003(h) of the Solid Waste
Disposal Act; $17,848,000 of the funds available for grants
under section 106 of the Federal Water Pollution Control Act
shall be for State participation in national- and State-level
statistical surveys of water resources and enhancements to
State monitoring programs: Provided, That for the period of
fiscal years 2016 through 2020, notwithstanding other
applicable provisions of law, the funds appropriated for the
Indian Environmental General Assistance Program shall be
available to federally recognized tribes for solid waste and
recovered materials collection, transportation, backhaul, and
disposal services; and
(8) $21,000,000 shall be for grants to States and federally
recognized Indian tribes for implementation of environmental
programs and projects that complement existing environmental
program grants, including interagency agreements, as specified
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).

H. R. 2029—316
ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL PROTECTION
AGENCY
(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

For fiscal year 2016, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency,
in carrying out the Agency’s function to implement directly Federal
environmental programs required or authorized by law in the
absence of an acceptable tribal program, may award cooperative
agreements to federally recognized Indian tribes or Intertribal consortia, if authorized by their member tribes, to assist the Administrator in implementing Federal environmental programs for Indian
tribes required or authorized by law, except that no such cooperative
agreements may be awarded from funds designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended by Public Law 112–177, the
Pesticide Registration Improvement Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w–8(d)(2)),
the Administrator of the Environmental Protection Agency may
assess fees under section 33 of FIFRA (7 U.S.C. 136w–8) for fiscal
year 2016.
The Administrator is authorized to transfer up to $300,000,000
of the funds appropriated for the Great Lakes Restoration Initiative
under the heading ‘‘Environmental Programs and Management’’
to the head of any Federal department or agency, with the concurrence of such head, to carry out activities that would support
the Great Lakes Restoration Initiative and Great Lakes Water
Quality Agreement programs, projects, or activities; to enter into
an interagency agreement with the head of such Federal department
or agency to carry out these activities; and to make grants to
governmental entities, nonprofit organizations, institutions, and
individuals for planning, research, monitoring, outreach, and
implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction, alteration,
repair, rehabilitation, and renovation of facilities provided that
the cost does not exceed $150,000 per project.
For fiscal year 2016, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for
any fiscal year under section 319 of the Act to make grants to
federally recognized Indian tribes pursuant to sections 319(h) and
518(e) of that Act.
The Administrator is authorized to use the amounts appropriated under the heading ‘‘Environmental Programs and Management’’ for fiscal year 2016 to provide grants to implement the
Southeastern New England Watershed Restoration Program.
In addition to the amounts otherwise made available in this
Act for the Environmental Protection Agency, $27,000,000, to be

H. R. 2029—317
available until September 30, 2017, to be used solely to meet
Federal requirements for cybersecurity implementation, including
enhancing response capabilities and upgrading incident management tools: Provided, That such funds shall supplement, not supplant, any other amounts made available to the Environmental
Protection Agency for such purpose: Provided further, That solely
for the purposes provided herein, such funds may be transferred
to and merged with any other appropriation in this Title.
Of the unobligated balances available for ‘‘State and Tribal
Assistance Grants’’ account, $40,000,000 are permanently rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH

For necessary expenses of forest and rangeland research as
authorized by law, $291,000,000, to remain available until
expended: Provided, That of the funds provided, $75,000,000 is
for the forest inventory and analysis program.
STATE AND PRIVATE FORESTRY

For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions,
and others, and for forest health management, including treatments
of pests, pathogens, and invasive or noxious plants and for restoring
and rehabilitating forests damaged by pests or invasive plants,
cooperative forestry, and education and land conservation activities
and conducting an international program as authorized,
$237,023,000, to remain available until expended, as authorized
by law; of which $62,347,000 is to be derived from the Land and
Water Conservation Fund.
NATIONAL FOREST SYSTEM
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization of the National Forest System, $1,509,364,000, to remain available until expended: Provided, That of the funds provided,
$40,000,000 shall be deposited in the Collaborative Forest Landscape Restoration Fund for ecological restoration treatments as
authorized by 16 U.S.C. 7303(f): Provided further, That of the
funds provided, $359,805,000 shall be for forest products: Provided
further, That of the funds provided, up to $81,941,000 is for the
Integrated Resource Restoration pilot program for Region 1, Region
3 and Region 4: Provided further, That of the funds provided for

H. R. 2029—318
forest products, up to $65,560,000 may be transferred to support
the Integrated Resource Restoration pilot program in the preceding
proviso: Provided further, That the Secretary of Agriculture may
transfer to the Secretary of the Interior any unobligated funds
appropriated in a previous fiscal year for operation of the Valles
Caldera National Preserve.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Forest Service, not otherwise
provided for, $364,164,000, to remain available until expended,
for construction, capital improvement, maintenance and acquisition
of buildings and other facilities and infrastructure; and for construction, reconstruction, decommissioning of roads that are no longer
needed, including unauthorized roads that are not part of the
transportation system, and maintenance of forest roads and trails
by the Forest Service as authorized by 16 U.S.C. 532–538 and
23 U.S.C. 101 and 205: Provided, That $40,000,000 shall be designated for urgently needed road decommissioning, road and trail
repair and maintenance and associated activities, and removal of
fish passage barriers, especially in areas where Forest Service roads
may be contributing to water quality problems in streams and
water bodies which support threatened, endangered, or sensitive
species or community water sources: Provided further, That funds
becoming available in fiscal year 2016 under the Act of March
4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund
of the Treasury and shall not be available for transfer or obligation
for any other purpose unless the funds are appropriated: Provided
further, That of the funds provided for decommissioning of roads,
up to $14,743,000 may be transferred to the ‘‘National Forest
System’’ to support the Integrated Resource Restoration pilot program.
LAND ACQUISITION

For expenses necessary to carry out the provisions of chapter
2003 of title 54, United States Code, including administrative
expenses, and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the Forest
Service, $63,435,000, to be derived from the Land and Water Conservation Fund and to remain available until expended.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,
and Cleveland National Forests, California, as authorized by law,
$950,000, to be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant

H. R. 2029—319
to Land Sale and Exchange Acts, pursuant to the Act of December
4, 1967 (16 U.S.C. 484a), to remain available until expended (16
U.S.C. 516–617a, 555a; Public Law 96–586; Public Law 76–589,
76–591; and Public Law 78–310).
RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior
fiscal year, as fees for grazing domestic livestock on lands in
National Forests in the 16 Western States, pursuant to section
401(b)(1) of Public Law 94–579, to remain available until expended,
of which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH

For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available until expended, to be derived from the fund established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96–487),
$2,500,000, to remain available until expended.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for forest fire presuppression activities
on National Forest System lands, for emergency fire suppression
on or adjacent to such lands or other lands under fire protection
agreement, hazardous fuels management on or adjacent to such
lands, emergency rehabilitation of burned-over National Forest
System lands and water, and for State and volunteer fire assistance,
$2,386,329,000, to remain available until expended: Provided, That
such funds including unobligated balances under this heading, are
available for repayment of advances from other appropriations
accounts previously transferred for such purposes: Provided further,
That such funds shall be available to reimburse State and other
cooperating entities for services provided in response to wildfire
and other emergencies or disasters to the extent such reimbursements by the Forest Service for non-fire emergencies are fully
repaid by the responsible emergency management agency: Provided
further, That, notwithstanding any other provision of law,
$6,914,000 of funds appropriated under this appropriation shall
be available for the Forest Service in support of fire science research
authorized by the Joint Fire Science Program, including all Forest
Service authorities for the use of funds, such as contracts, grants,
research joint venture agreements, and cooperative agreements:
Provided further, That all authorities for the use of funds, including
the use of contracts, grants, and cooperative agreements, available
to execute the Forest and Rangeland Research appropriation, are

H. R. 2029—320
also available in the utilization of these funds for Fire Science
Research: Provided further, That funds provided shall be available
for emergency rehabilitation and restoration, hazardous fuels
management activities, support to Federal emergency response, and
wildfire suppression activities of the Forest Service: Provided further, That of the funds provided, $375,000,000 is for hazardous
fuels management activities, $19,795,000 is for research activities
and to make competitive research grants pursuant to the Forest
and Rangeland Renewable Resources Research Act, (16 U.S.C. 1641
et seq.), $78,000,000 is for State fire assistance, and $13,000,000
is for volunteer fire assistance under section 10 of the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2106): Provided further,
That amounts in this paragraph may be transferred to the ‘‘National
Forest System’’, and ‘‘Forest and Rangeland Research’’ accounts
to fund forest and rangeland research, the Joint Fire Science Program, vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and restoration: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any
non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That up to $15,000,000 of the
funds provided herein may be used by the Secretary of Agriculture
to enter into procurement contracts or cooperative agreements or
to issue grants for hazardous fuels management activities and
for training or monitoring associated with such hazardous fuels
management activities on Federal land or on non-Federal land
if the Secretary determines such activities benefit resources on
Federal land: Provided further, That funds made available to implement the Community Forest Restoration Act, Public Law 106–
393, title VI, shall be available for use on non-Federal lands in
accordance with authorities made available to the Forest Service
under the ‘‘State and Private Forestry’’ appropriation: Provided
further, That the Secretary of the Interior and the Secretary of
Agriculture may authorize the transfer of funds appropriated for
wildland fire management, in an aggregate amount not to exceed
$50,000,000, between the Departments when such transfers would
facilitate and expedite wildland fire management programs and
projects: Provided further, That of the funds provided for hazardous
fuels management, not to exceed $15,000,000 may be used to make
grants, using any authorities available to the Forest Service under
the ‘‘State and Private Forestry’’ appropriation, for the purpose
of creating incentives for increased use of biomass from National
Forest System lands: Provided further, That funds designated for
wildfire suppression, including funds transferred from the ‘‘FLAME
Wildfire Suppression Reserve Fund’’, shall be assessed for cost
pools on the same basis as such assessments are calculated against
other agency programs: Provided further, That of the funds for
hazardous fuels management, up to $24,000,000 may be transferred
to the ‘‘National Forest System’’ to support the Integrated Resource
Restoration pilot program.

H. R. 2029—321
FLAME WILDFIRE SUPPRESSION RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for large fire suppression operations
of the Department of Agriculture and as a reserve fund for suppression and Federal emergency response activities, $823,000,000, to
remain available until expended: Provided, That such amounts
are only available for transfer to the ‘‘Wildland Fire Management’’
account following a declaration by the Secretary in accordance
with section 502 of the FLAME Act of 2009 (43 U.S.C. 1748a).
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
(INCLUDING TRANSFERS OF FUNDS)

Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and
hire of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000
for employment under 5 U.S.C. 3109; (3) purchase, erection, and
alteration of buildings and other public improvements (7 U.S.C.
2250); (4) acquisition of land, waters, and interests therein pursuant
to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and
558a note); (6) the cost of uniforms as authorized by 5 U.S.C.
5901–5902; and (7) for debt collection contracts in accordance with
31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management appropriation
for forest firefighting, emergency rehabilitation of burned-over or
damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary’s notification of the House and Senate Committees on Appropriations that
all fire suppression funds appropriated under the headings
‘‘Wildland Fire Management’’ and ‘‘FLAME Wildfire Suppression
Reserve Fund’’ will be obligated within 30 days: Provided, That
all funds used pursuant to this paragraph must be replenished
by a supplemental appropriation which must be requested as
promptly as possible.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities
outside the United States and its territories and possessions,
including technical assistance, education and training, and cooperation with U.S., private, and international organizations. The Forest
Service, acting for the International Program, may sign direct
funding agreements with foreign governments and institutions as
well as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the

H. R. 2029—322
Millennium Challenge Corporation), U.S. private sector firms,
institutions and organizations to provide technical assistance and
training programs overseas on forestry and rangeland management.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the Interior,
Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System
lands, and for the performance of cadastral surveys to designate
the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year shall
be subject to transfer under the provisions of section 702(b) of
the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
section 442 of Public Law 106–224 (7 U.S.C. 7772), or section
10417(b) of Public Law 107–107 (7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture and not more than $14,500,000 of funds
available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Nothing in this paragraph
shall prohibit or limit the use of reimbursable agreements requested
by the Forest Service in order to obtain services from the Department of Agriculture’s National Information Technology Center and
the Department of Agriculture’s International Technology Service.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the
Public Lands Corps Act of 1993, Public Law 103–82, as amended
by Public Lands Corps Healthy Forests Restoration Act of 2005,
Public Law 109–154.
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101–
593, of the funds available to the Forest Service, up to $3,000,000
may be advanced in a lump sum to the National Forest Foundation
to aid conservation partnership projects in support of the Forest
Service mission, without regard to when the Foundation incurs
expenses, for projects on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That of
the Federal funds made available to the Foundation, no more than
$300,000 shall be available for administrative expenses: Provided
further, That the Foundation shall obtain, by the end of the period
of Federal financial assistance, private contributions to match on
at least one-for-one basis funds made available by the Forest
Service: Provided further, That the Foundation may transfer Federal funds to a Federal or a non-Federal recipient for a project
at the same rate that the recipient has obtained the non-Federal
matching funds.

H. R. 2029—323
Pursuant to section 2(b)(2) of Public Law 98–244, up to
$3,000,000 of the funds available to the Forest Service may be
advanced to the National Fish and Wildlife Foundation in a lump
sum to aid cost-share conservation projects, without regard to when
expenses are incurred, on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That such
funds shall be matched on at least a one-for-one basis by the
Foundation or its sub-recipients: Provided further, That the Foundation may transfer Federal funds to a Federal or non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable
rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge National
Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2)
of Public Law 99–663.
Any funds appropriated to the Forest Service may be used
to meet the non-Federal share requirement in section 502(c) of
the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed
$65,000,000, shall be assessed for the purpose of performing fire,
administrative and other facilities maintenance and decommissioning. Such assessments shall occur using a square foot rate
charged on the same basis the agency uses to assess programs
for payment of rent, utilities, and other support services.
Notwithstanding any other provision of law, any appropriations
or funds available to the Forest Service not to exceed $500,000
may be used to reimburse the Office of the General Counsel (OGC),
Department of Agriculture, for travel and related expenses incurred
as a result of OGC assistance or participation requested by the
Forest Service at meetings, training sessions, management reviews,
land purchase negotiations and similar nonlitigation-related matters. Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
An eligible individual who is employed in any project funded
under title V of the Older Americans Act of 1965 (42 U.S.C. 3056
et seq.) and administered by the Forest Service shall be considered
to be a Federal employee for purposes of chapter 171 of title 28,
United States Code.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination and Education Assistance Act, the Indian Health Care Improvement Act, and titles
II and III of the Public Health Service Act with respect to the
Indian Health Service, $3,566,387,000, together with payments
received during the fiscal year pursuant to 42 U.S.C. 238(b) and
238b, for services furnished by the Indian Health Service: Provided,

H. R. 2029—324
That funds made available to tribes and tribal organizations
through contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed
to be obligated at the time of the grant or contract award and
thereafter shall remain available to the tribe or tribal organization
without fiscal year limitation: Provided further, That, $914,139,000
for Purchased/Referred Care, including $51,500,000 for the Indian
Catastrophic Health Emergency Fund, shall remain available until
expended: Provided further, That, of the funds provided, up to
$36,000,000 shall remain available until expended for implementation of the loan repayment program under section 108 of the Indian
Health Care Improvement Act: Provided further, That, of the funds
provided, $2,000,000 shall be used to supplement funds available
for operational costs at tribal clinics operated under an Indian
Self-Determination and Education Assistance Act compact or contract where health care is delivered in space acquired through
a full service lease, which is not eligible for maintenance and
improvement and equipment funds from the Indian Health Service,
and $2,000,000 shall be for accreditation emergencies: Provided
further, That the amounts collected by the Federal Government
as authorized by sections 104 and 108 of the Indian Health Care
Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding
fiscal year for breach of contracts shall be deposited to the Fund
authorized by section 108A of the Act (25 U.S.C. 1616a–1) and
shall remain available until expended and, notwithstanding section
108A(c) of the Act (25 U.S.C. 1616a–1(c)), funds shall be available
to make new awards under the loan repayment and scholarship
programs under sections 104 and 108 of the Act (25 U.S.C. 1613a
and 1616a): Provided further, That, notwithstanding any other
provision of law, the amounts made available within this account
for the methamphetamine and suicide prevention and treatment
initiative, for the domestic violence prevention initiative, to improve
collections from public and private insurance at Indian Health
Service and tribally operated facilities, and for accreditation emergencies shall be allocated at the discretion of the Director of the
Indian Health Service and shall remain available until expended:
Provided further, That funds provided in this Act may be used
for annual contracts and grants that fall within 2 fiscal years,
provided the total obligation is recorded in the year the funds
are appropriated: Provided further, That the amounts collected by
the Secretary of Health and Human Services under the authority
of title IV of the Indian Health Care Improvement Act shall remain
available until expended for the purpose of achieving compliance
with the applicable conditions and requirements of titles XVIII
and XIX of the Social Security Act, except for those related to
the planning, design, or construction of new facilities: Provided
further, That funding contained herein for scholarship programs
under the Indian Health Care Improvement Act (25 U.S.C. 1613)
shall remain available until expended: Provided further, That
amounts received by tribes and tribal organizations under title
IV of the Indian Health Care Improvement Act shall be reported
and accounted for and available to the receiving tribes and tribal
organizations until expended: Provided further, That the Bureau
of Indian Affairs may collect from the Indian Health Service, tribes
and tribal organizations operating health facilities pursuant to

H. R. 2029—325
Public Law 93–638, such individually identifiable health information relating to disabled children as may be necessary for the
purpose of carrying out its functions under the Individuals with
Disabilities Education Act (20 U.S.C. 1400, et seq.): Provided further, That the Indian Health Care Improvement Fund may be
used, as needed, to carry out activities typically funded under
the Indian Health Facilities account.
CONTRACT SUPPORT COSTS

For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Indian Health Service
for fiscal year 2016, such sums as may be necessary: Provided,
That amounts obligated but not expended by a tribe or tribal
organization for contract support costs for such agreements for
the current fiscal year shall be applied to contract support costs
otherwise due for such agreements for subsequent fiscal years:
Provided further, That, notwithstanding any other provision of law,
no amounts made available under this heading shall be available
for transfer to another budget account.
INDIAN HEALTH FACILITIES

For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters
for personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings,
and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian SelfDetermination Act, and the Indian Health Care Improvement Act,
and for expenses necessary to carry out such Acts and titles II
and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health
Service, $523,232,000, to remain available until expended: Provided,
That, notwithstanding any other provision of law, funds appropriated for the planning, design, construction, renovation or expansion of health facilities for the benefit of an Indian tribe or tribes
may be used to purchase land on which such facilities will be
located: Provided further, That not to exceed $500,000 may be
used by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian
Health Service and tribal facilities: Provided further, That none
of the funds appropriated to the Indian Health Service may be
used for sanitation facilities construction for new homes funded
with grants by the housing programs of the United States Department of Housing and Urban Development: Provided further, That
not to exceed $2,700,000 from this account and the ‘‘Indian Health
Services’’ account may be used by the Indian Health Service to
obtain ambulances for the Indian Health Service and tribal facilities
in conjunction with an existing interagency agreement between
the Indian Health Service and the General Services Administration:
Provided further, That not to exceed $500,000 may be placed in
a Demolition Fund, to remain available until expended, and be
used by the Indian Health Service for the demolition of Federal
buildings.

H. R. 2029—326
ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE

Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109
at rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; uniforms or
allowances therefor as authorized by 5 U.S.C. 5901–5902; and for
expenses of attendance at meetings that relate to the functions
or activities of the Indian Health Service: Provided, That in accordance with the provisions of the Indian Health Care Improvement
Act, non-Indian patients may be extended health care at all tribally
administered or Indian Health Service facilities, subject to charges,
and the proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651–2653) shall be credited
to the account of the facility providing the service and shall be
available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from
the Department of Housing and Urban Development to the Indian
Health Service shall be administered under Public Law 86–121,
the Indian Sanitation Facilities Act and Public Law 93–638: Provided further, That funds appropriated to the Indian Health Service
in this Act, except those used for administrative and program
direction purposes, shall not be subject to limitations directed at
curtailing Federal travel and transportation: Provided further, That
none of the funds made available to the Indian Health Service
in this Act shall be used for any assessments or charges by the
Department of Health and Human Services unless identified in
the budget justification and provided in this Act, or approved by
the House and Senate Committees on Appropriations through the
reprogramming process: Provided further, That notwithstanding any
other provision of law, funds previously or herein made available
to a tribe or tribal organization through a contract, grant, or agreement authorized by title I or title V of the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 450), may be
deobligated and reobligated to a self-determination contract under
title I, or a self-governance agreement under title V of such Act
and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That none
of the funds made available to the Indian Health Service in this
Act shall be used to implement the final rule published in the
Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for the health
care services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such request
has been included in an appropriations Act and enacted into law:
Provided further, That with respect to functions transferred by
the Indian Health Service to tribes or tribal organizations, the
Indian Health Service is authorized to provide goods and services
to those entities on a reimbursable basis, including payments in
advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those entities

H. R. 2029—327
pursuant to the Indian Self-Determination Act, may be credited
to the same or subsequent appropriation account from which the
funds were originally derived, with such amounts to remain available until expended: Provided further, That reimbursements for
training, technical assistance, or services provided by the Indian
Health Service will contain total costs, including direct, administrative, and overhead associated with the provision of goods, services,
or technical assistance: Provided further, That the appropriation
structure for the Indian Health Service may not be altered without
advance notification to the House and Senate Committees on Appropriations: Provided further, That the Indian Health Service shall
develop a strategic plan for the Urban Indian Health program
in consultation with urban Indians and the National Academy
of Public Administration, and shall publish such plan not later
than one year after the date of enactment of this Act.
NATIONAL INSTITUTES

OF

HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section
311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)) and section
126(g) of the Superfund Amendments and Reauthorization Act of
1986, $77,349,000.
AGENCY

FOR

TOXIC SUBSTANCES

AND

DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set forth
in sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and
section 3019 of the Solid Waste Disposal Act, $74,691,000, of which
up to $1,000 per eligible employee of the Agency for Toxic Substances and Disease Registry shall remain available until expended
for Individual Learning Accounts: Provided, That notwithstanding
any other provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited
healthcare providers: Provided further, That in performing any
such health assessment or health study, evaluation, or activity,
the Administrator of ATSDR shall not be bound by the deadlines
in section 104(i)(6)(A) of CERCLA: Provided further, That none
of the funds appropriated under this heading shall be available
for ATSDR to issue in excess of 40 toxicological profiles pursuant
to section 104(i) of CERCLA during fiscal year 2016, and existing
profiles may be updated as necessary.

H. R. 2029—328
OTHER RELATED AGENCIES
EXECUTIVE OFFICE

OF THE

PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY

For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of 1969,
the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official
reception and representation expenses, $3,000,000: Provided, That
notwithstanding section 202 of the National Environmental Policy
Act of 1970, the Council shall consist of one member, appointed
by the President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and duties
of the Council.
CHEMICAL SAFETY

AND

HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902, and for services authorized by 5 U.S.C. 3109 but at
rates for individuals not to exceed the per diem equivalent to
the maximum rate payable for senior level positions under 5 U.S.C.
5376, $11,000,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General
of the Board shall utilize personnel of the Office of Inspector General
of EPA in performing the duties of the Inspector General of the
Board, and shall not appoint any individuals to positions within
the Board.
OFFICE

OF

NAVAJO

AND

HOPI INDIAN RELOCATION

SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93–531, $15,000,000, to
remain available until expended: Provided, That funds provided
in this or any other appropriations Act are to be used to relocate
eligible individuals and groups including evictees from District 6,
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in
the preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single Navajo

H. R. 2029—329
or Navajo family who, as of November 30, 1985, was physically
domiciled on the lands partitioned to the Hopi Tribe unless a
new or replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected
a replacement residence off the Navajo reservation or on the land
acquired pursuant to 25 U.S.C. 640d–10: Provided further, That
$200,000 shall be transferred to the Office of Inspector General
of the Department of the Interior, to remain available until
expended, for audits and investigations of the Office of Navajo
and Hopi Indian Relocation, consistent with the Inspector General
Act of 1978 (5 U.S.C. App.).
INSTITUTE

OF

AMERICAN INDIAN AND ALASKA NATIVE CULTURE
ARTS DEVELOPMENT

AND

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99–498 (20 U.S.C. 56 part A), $11,619,000, to remain
available until September 30, 2017.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and
museum assistance programs; maintenance, alteration, operation,
lease agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000 for
services as authorized by 5 U.S.C. 3109; and purchase, rental,
repair, and cleaning of uniforms for employees, $696,045,000, to
remain available until September 30, 2017, except as otherwise
provided herein; of which not to exceed $48,233,000 for the
instrumentation program, collections acquisition, exhibition reinstallation, the National Museum of African American History
and Culture, and the repatriation of skeletal remains program
shall remain available until expended; and including such funds
as may be necessary to support American overseas research centers:
Provided, That funds appropriated herein are available for advance
payments to independent contractors performing research services
or participating in official Smithsonian presentations.
FACILITIES CAPITAL

For necessary expenses of repair, revitalization, and alteration
of facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of
August 22, 1949 (63 Stat. 623), and for construction, including
necessary personnel, $144,198,000, to remain available until

H. R. 2029—330
expended, of which not to exceed $10,000 shall be for services
as authorized by 5 U.S.C. 3109.
NATIONAL GALLERY

OF

ART

SALARIES AND EXPENSES

For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March
24, 1937 (50 Stat. 51), as amended by the public resolution of
April 13, 1939 (Public Resolution 9, Seventy-sixth Congress),
including services as authorized by 5 U.S.C. 3109; payment in
advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose
publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair,
and cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C. 5901–
5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates
or prices and under such terms and conditions as the Gallery
may deem proper, $124,988,000, to remain available until September 30, 2017, of which not to exceed $3,578,000 for the special
exhibition program shall remain available until expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

For necessary expenses of repair, restoration and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, for operating
lease agreements of no more than 10 years, with no extensions
or renewals beyond the 10 years, that address space needs created
by the ongoing renovations in the Master Facilities Plan, as authorized, $22,564,000, to remain available until expended: Provided,
That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National
Gallery of Art may be negotiated with selected contractors and
awarded on the basis of contractor qualifications as well as price.
JOHN F. KENNEDY CENTER

FOR THE

PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$21,660,000.
CAPITAL REPAIR AND RESTORATION

For necessary expenses for capital repair and restoration of
the existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $14,740,000, to remain available
until expended.

H. R. 2029—331
WOODROW WILSON INTERNATIONAL CENTER

FOR

SCHOLARS

SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5 U.S.C.
3109, $10,500,000, to remain available until September 30, 2017.
NATIONAL FOUNDATION

ON THE

ARTS

NATIONAL ENDOWMENT

AND THE

FOR THE

HUMANITIES

ARTS

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $147,949,000 shall
be available to the National Endowment for the Arts for the support
of projects and productions in the arts, including arts education
and public outreach activities, through assistance to organizations
and individuals pursuant to section 5 of the Act, for program
support, and for administering the functions of the Act, to remain
available until expended.
NATIONAL ENDOWMENT

FOR THE

HUMANITIES

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $147,942,000 to
remain available until expended, of which $137,042,000 shall be
available for support of activities in the humanities, pursuant to
section 7(c) of the Act and for administering the functions of the
Act; and $10,900,000 shall be available to carry out the matching
grants program pursuant to section 10(a)(2) of the Act, including
$8,500,000 for the purposes of section 7(h): Provided, That appropriations for carrying out section 10(a)(2) shall be available for
obligation only in such amounts as may be equal to the total
amounts of gifts, bequests, devises of money, and other property
accepted by the chairman or by grantees of the National Endowment
for the Humanities under the provisions of sections 11(a)(2)(B)
and 11(a)(3)(B) during the current and preceding fiscal years for
which equal amounts have not previously been appropriated.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used for official
reception and representation expenses: Provided further, That funds
from nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may approve
grants of up to $10,000, if in the aggregate the amount of such
grants does not exceed 5 percent of the sums appropriated for
grantmaking purposes per year: Provided further, That such small

H. R. 2029—332
grant actions are taken pursuant to the terms of an expressed
and direct delegation of authority from the National Council on
the Arts to the Chairperson.
COMMISSION

OF

FINE ARTS

SALARIES AND EXPENSES

For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $2,653,000: Provided, That the
Commission is authorized to charge fees to cover the full costs
of its publications, and such fees shall be credited to this account
as an offsetting collection, to remain available until expended without further appropriation: Provided further, That the Commission
is authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design
of the Nation’s Capital or the history and activities of the Commission of Fine Arts, for the purpose of artistic display, study or
education.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190
(20 U.S.C. 956a), $2,000,000.
ADVISORY COUNCIL

ON

HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89–665), $6,080,000.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109, $8,348,000: Provided, That one-quarter of 1 percent of the funds provided under
this heading may be used for official reception and representational
expenses associated with hosting international visitors engaged in
the planning and physical development of world capitals.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
HOLOCAUST MEMORIAL MUSEUM

For expenses of the Holocaust Memorial Museum, as authorized
by Public Law 106–292 (36 U.S.C. 2301–2310), $54,000,000, of
which $1,215,000 shall remain available until September 30, 2018,
for the Museum’s equipment replacement program; and of which
$2,500,000 for the Museum’s repair and rehabilitation program
and $1,264,000 for the Museum’s outreach initiatives program shall
remain available until expended.

H. R. 2029—333
DWIGHT D. EISENHOWER MEMORIAL COMMISSION
SALARIES AND EXPENSES

For necessary expenses, including the costs of construction
design, of the Dwight D. Eisenhower Memorial Commission,
$1,000,000, to remain available until expended.
TITLE IV
GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
RESTRICTION ON USE OF FUNDS

SEC. 401. No part of any appropriation contained in this Act
shall be available for any activity or the publication or distribution
of literature that in any way tends to promote public support
or opposition to any legislative proposal on which Congressional
action is not complete other than to communicate to Members
of Congress as described in 18 U.S.C. 1913.
OBLIGATION OF APPROPRIATIONS

SEC. 402. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
DISCLOSURE OF ADMINISTRATIVE EXPENSES

SEC. 403. The amount and basis of estimated overhead charges,
deductions, reserves or holdbacks, including working capital fund
and cost pool charges, from programs, projects, activities and subactivities to support government-wide, departmental, agency, or
bureau administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications
and subject to approval by the Committees on Appropriations of
the House of Representatives and the Senate. Changes to such
estimates shall be presented to the Committees on Appropriations
for approval.
MINING APPLICATIONS

SEC. 404. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall
be obligated or expended to accept or process applications for a
patent for any mining or mill site claim located under the general
mining laws.
(b) EXCEPTIONS.—Subsection (a) shall not apply if the Secretary
of the Interior determines that, for the claim concerned (1) a patent
application was filed with the Secretary on or before September
30, 1994; and (2) all requirements established under sections 2325
and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein
or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section
2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims,
as the case may be, were fully complied with by the applicant
by that date.

H. R. 2029—334
(c) REPORT.—On September 30, 2017, the Secretary of the
Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House
and the Committee on Energy and Natural Resources of the Senate
a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior
and Related Agencies Appropriations Act, 1997 (Public Law 104–
208).
(d) MINERAL EXAMINATIONS.—In order to process patent
applications in a timely and responsible manner, upon the request
of a patent applicant, the Secretary of the Interior shall allow
the applicant to fund a qualified third-party contractor to be selected
by the Director of the Bureau of Land Management to conduct
a mineral examination of the mining claims or mill sites contained
in a patent application as set forth in subsection (b). The Bureau
of Land Management shall have the sole responsibility to choose
and pay the third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION

SEC. 405. Sections 405 and 406 of division F of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113–
235) shall continue in effect in fiscal year 2016.
CONTRACT SUPPORT COSTS, FISCAL YEAR 2016 LIMITATION

SEC. 406. Amounts provided by this Act for fiscal year 2016
under the headings ‘‘Department of Health and Human Services,
Indian Health Service, Contract Support Costs’’ and ‘‘Department
of the Interior, Bureau of Indian Affairs and Bureau of Indian
Education, Contract Support Costs’’ are the only amounts available
for contract support costs arising out of self-determination or selfgovernance contracts, grants, compacts, or annual funding agreements for fiscal year 2016 with the Bureau of Indian Affairs or
the Indian Health Service: Provided, That such amounts provided
by this Act are not available for payment of claims for contract
support costs for prior years, or for repayments of payments for
settlements or judgments awarding contract support costs for prior
years.
FOREST MANAGEMENT PLANS

SEC. 407. The Secretary of Agriculture shall not be considered
to be in violation of subparagraph 6(f)(5)(A) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System.
Nothing in this section exempts the Secretary from any other
requirement of the Forest and Rangeland Renewable Resources
Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided,
That if the Secretary is not acting expeditiously and in good faith,
within the funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with respect
to such plan and a court of proper jurisdiction may order completion
of the plan on an accelerated basis.

H. R. 2029—335
PROHIBITION WITHIN NATIONAL MONUMENTS

SEC. 408. No funds provided in this Act may be expended
to conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
LIMITATION ON TAKINGS

SEC. 409. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in
lands may be expended for the filing of declarations of taking
or complaints in condemnation without the approval of the House
and Senate Committees on Appropriations: Provided, That this
provision shall not apply to funds appropriated to implement the
Everglades National Park Protection and Expansion Act of 1989,
or to funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
TIMBER SALE REQUIREMENTS

SEC. 410. No timber sale in Alaska’s Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the
timber is not sufficient to cover all logging and stumpage costs
and provide a normal profit and risk allowance under the Forest
Service’s appraisal process) when appraised using a residual value
appraisal. The western red cedar timber from those sales which
is surplus to the needs of the domestic processors in Alaska, shall
be made available to domestic processors in the contiguous 48
United States at prevailing domestic prices. All additional western
red cedar volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar may
be sold at prevailing export prices at the election of the timber
sale holder.
PROHIBITION ON NO-BID CONTRACTS

SEC. 411. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used
to enter into any Federal contract unless such contract is entered
into in accordance with the requirements of Chapter 33 of title
41, United States Code, or Chapter 137 of title 10, United States
Code, and the Federal Acquisition Regulation, unless—
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian tribes;
or
(2) such contract is authorized by the Indian Self-Determination and Education Assistance Act (Public Law 93–638,
25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or

H. R. 2029—336
(3) such contract was awarded prior to the date of enactment of this Act.
POSTING OF REPORTS

SEC. 412. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by
the Congress in this or any other Act, upon the determination
by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES

SEC. 413. Of the funds provided to the National Endowment
for the Arts—
(1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the season,
including identified programs or projects.
NATIONAL ENDOWMENT FOR THE ARTS PROGRAM PRIORITIES

SEC. 414. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the
Chairperson of the National Endowment for the Arts shall ensure
that priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs that
serve underserved populations.
(b) In this section:
(1) The term ‘‘underserved population’’ means a population
of individuals, including urban minorities, who have historically
been outside the purview of arts and humanities programs
due to factors such as a high incidence of income below the
poverty line or to geographic isolation.
(2) The term ‘‘poverty line’’ means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to
a family of the size involved.

H. R. 2029—337
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance for
projects, productions, workshops, or programs that will encourage
public knowledge, education, understanding, and appreciation of
the arts.
(d) With funds appropriated by this Act to carry out section
5 of the National Foundation on the Arts and Humanities Act
of 1965—
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
STATUS OF BALANCES OF APPROPRIATIONS

SEC. 415. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health
Service shall provide the Committees on Appropriations of the
House of Representatives and Senate quarterly reports on the status
of balances of appropriations including all uncommitted, committed,
and unobligated funds in each program and activity.
REPORT ON USE OF CLIMATE CHANGE FUNDS

SEC. 416. Not later than 120 days after the date on which
the President’s fiscal year 2017 budget request is submitted to
the Congress, the President shall submit a comprehensive report
to the Committees on Appropriations of the House of Representatives and the Senate describing in detail all Federal agency funding,
domestic and international, for climate change programs, projects,
and activities in fiscal years 2015 and 2016, including an accounting
of funding by agency with each agency identifying climate change
programs, projects, and activities and associated costs by line item
as presented in the President’s Budget Appendix, and including
citations and linkages where practicable to each strategic plan
that is driving funding within each climate change program, project,
and activity listed in the report.
PROHIBITION ON USE OF FUNDS

SEC. 417. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may
be used to promulgate or implement any regulation requiring the
issuance of permits under title V of the Clean Air Act (42 U.S.C.
7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or
methane emissions resulting from biological processes associated
with livestock production.

H. R. 2029—338
GREENHOUSE GAS REPORTING RESTRICTIONS

SEC. 418. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision requires
mandatory reporting of greenhouse gas emissions from manure
management systems.
MODIFICATION OF AUTHORITIES

SEC. 419. (a) Section 8162(m)(3) of the Department of Defense
Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106–
79) is amended by striking ‘‘September 30, 2015’’ and inserting
‘‘September 30, 2016’’.
(b) For fiscal year 2016, 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.
FUNDING PROHIBITION

SEC. 420. None of the funds made available by this or any
other Act may be used to regulate the lead content of ammunition,
ammunition components, or fishing tackle under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other law.
CONTRACTING AUTHORITIES

SEC. 421. Section 412 of Division E of Public Law 112–74
is amended by striking ‘‘fiscal year 2015,’’ and inserting ‘‘fiscal
year 2017,’’.
CHESAPEAKE BAY INITIATIVE

SEC. 422. Section 502(c) of the Chesapeake Bay Initiative Act
of 1998 (Public Law 105–312; 16 U.S.C. 461 note) is amended
by striking ‘‘2015’’ and inserting ‘‘2017’’.
EXTENSION OF GRAZING PERMITS

SEC. 423. The terms and conditions of section 325 of Public
Law 108–108 (117 Stat. 1307), regarding grazing permits issued
by the Forest Service on any lands not subject to administration
under section 402 of the Federal Lands Policy and Management
Act (43 U.S.C. 1752), shall remain in effect for fiscal year 2016.
USE OF AMERICAN IRON AND STEEL

SEC. 424. (a)(1) None of the funds made available by a State
water pollution control revolving fund as authorized by section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) shall
be 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.
(2) In this section, the term ‘‘iron and steel’’ products means
the following products made primarily of iron or steel: lined or
unlined pipes and fittings, manhole covers and other municipal
castings, hydrants, tanks, flanges, pipe clamps and restraints,

H. R. 2029—339
valves, structural steel, reinforced precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Administrator of the Environmental Protection
Agency (in this section referred to as the ‘‘Administrator’’) finds
that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Administrator receives a request for a waiver under
this section, the Administrator shall make available to the public
on an informal basis a copy of the request and information available
to the Administrator concerning the request, and shall allow for
informal public input on the request for at least 15 days prior
to making a finding based on the request. The Administrator shall
make the request and accompanying information available by electronic means, including on the official public Internet Web site
of the Environmental Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking Water
State Revolving Funds for carrying out the provisions described
in subsection (a)(1) for management and oversight of the requirements of this section.
NOTIFICATION REQUIREMENTS

SEC. 425. (a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Environmental Protection Agency.
(2) AFFECTED STATE.—The term ‘‘affected State’’ means any
of the Great Lakes States (as defined in section 118(a)(3) of
the Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3))).
(3) DISCHARGE.—The term ‘‘discharge’’ means a discharge
as defined in section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362).
(4) GREAT LAKES.—The term ‘‘Great Lakes’’ means any
of the waters as defined in section 118(a)(3) of the Federal
Water Pollution Control Act (33 U.S.C. 1268(a)(3)).
(5) TREATMENT WORKS.—The term ‘‘treatment works’’ has
the meaning given the term in section 212 of the Federal
Water Pollution Control Act (33 U.S.C. 1292).
(b) REQUIREMENTS.—
(1) IN GENERAL.—The Administrator shall work with
affected States having 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.
(2) NOTICE REQUIREMENTS.—The notice requirements
referred to in paragraph (1) shall provide for—
(i) the method of the notice;

H. R. 2029—340
(ii) the contents of the notice, in accordance with paragraph (3); and
(iii) requirements for public availability of the notice.
(3) MINIMUM REQUIREMENTS.—
(A) IN GENERAL.—The contents of the notice under
paragraph (1) shall include—
(i) the dates and times of the applicable discharge;
(ii) the volume of the discharge; and
(iii) a description of any public access areas
impacted by the discharge.
(B) CONSISTENCY.—The minimum requirements under
this paragraph shall be consistent for all affected States.
(4) ADDITIONAL REQUIREMENTS.—The Administrator shall
work with the affected States to include—
(A) follow-up notice requirements that provide a
description of—
(i) each applicable discharge;
(ii) the cause of the discharge; and
(iii) plans to prevent a reoccurrence of a combined
sewer overflow discharge to the Great Lakes consistent
with section 402 of the Federal Water Pollution Control
Act (33 U.S.C. 1342) or an administrative order or
consent decree under such Act; and
(B) annual publication requirements that list each
treatment works from which the Administrator or the
affected State receive a follow-up notice.
(5) TIMING.—
(A) The notice and publication requirements described
in this subsection shall be implemented by not later than
2 years after the date of enactment of this Act.
(B) The Administrator of the EPA may extend the
implementation deadline for individual communities if the
Administrator determines the community needs additional
time to comply in order to avoid undue economic hardship.
(6) STATE ACTION.—Nothing in this subsection prohibits
an affected State from establishing a State notice requirement
in the event of a discharge that is more stringent than the
requirements described in this subsection.
GREAT LAKES RESTORATION INITIATIVE

SEC. 426. Section 118(c) of the Federal Water Pollution Control
Act (33 U.S.C. 1268(c)) is amended by striking paragraph (7) and
inserting the following:
‘‘(7) GREAT LAKES RESTORATION INITIATIVE.—
‘‘(A) ESTABLISHMENT.—There is established in the
Agency a Great Lakes Restoration Initiative (referred to
in this paragraph as the ‘Initiative’) to carry out programs
and projects for Great Lakes protection and restoration.
‘‘(B) FOCUS AREAS.—The Initiative shall prioritize programs and projects carried out in coordination with nonFederal partners and programs and projects that address
priority areas each fiscal year, including—
‘‘(i) the remediation of toxic substances and areas
of concern;
‘‘(ii) the prevention and control of invasive species
and the impacts of invasive species;

H. R. 2029—341
‘‘(iii) the protection and restoration of nearshore
health and the prevention and mitigation of nonpoint
source pollution;
‘‘(iv) habitat and wildlife protection and restoration, including wetlands restoration and preservation;
and
‘‘(v) accountability, monitoring, evaluation, communication, and partnership activities.
‘‘(C) PROJECTS.—Under the Initiative, the Agency shall
collaborate with Federal partners, including the Great
Lakes Interagency Task Force, to select the best combination of programs and projects for Great Lakes protection
and restoration using appropriate principles and criteria,
including whether a program or project provides—
‘‘(i) the ability to achieve strategic and measurable
environmental outcomes that implement the Great
Lakes Action Plan and the Great Lakes Water Quality
Agreement;
‘‘(ii) the feasibility of—
‘‘(I) prompt implementation;
‘‘(II) timely achievement of results; and
‘‘(III) resource leveraging; and
‘‘(iii) the opportunity to improve interagency and
inter-organizational coordination and collaboration to
reduce duplication and streamline efforts.
‘‘(D) IMPLEMENTATION OF PROJECTS.—
‘‘(i) IN GENERAL.—Subject to subparagraph (G)(ii),
funds made available to carry out the Initiative shall
be used to strategically implement—
‘‘(I) Federal projects; and
‘‘(II) projects carried out in coordination with
States, Indian tribes, municipalities, institutions
of higher education, and other organizations.
‘‘(ii) TRANSFER OF FUNDS.—With amounts made
available for the Initiative each fiscal year, the
Administrator may—
‘‘(I) transfer not more than the total amount
appropriated under subparagraph (G)(i) for the
fiscal year to the head of any Federal department
or agency, with the concurrence of the department
or agency head, to carry out activities to support
the Initiative and the Great Lakes Water Quality
Agreement; and
‘‘(II) enter into an interagency agreement with
the head of any Federal department or agency
to carry out activities described in subclause (I).
‘‘(E) SCOPE.—
‘‘(i) IN GENERAL.—Projects shall be carried out
under the Initiative on multiple levels, including—
‘‘(I) Great Lakes-wide; and
‘‘(II) Great Lakes basin-wide.
‘‘(ii) LIMITATION.—No funds made available to
carry out the Initiative may be used for any water
infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem
functions in the Great Lakes) for which amounts are
made available from—

H. R. 2029—342
‘‘(I) a State water pollution control revolving
fund established under title VI; or
‘‘(II) a State drinking water revolving loan
fund established under section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j–12).
‘‘(F) ACTIVITIES BY OTHER FEDERAL AGENCIES.—Each
relevant Federal department or agency shall, to the maximum extent practicable—
‘‘(i) maintain the base level of funding for the
Great Lakes activities of that department or agency
without regard to funding under the Initiative; and
‘‘(ii) identify new activities and projects to support
the environmental goals of the Initiative.
‘‘(G) FUNDING.—There are authorized to be appropriated to carry out this paragraph for fiscal year 2016,
$300,000,000.’’.
JOHN F. KENNEDY CENTER REAUTHORIZATION

SEC. 427. Section 13 of the John F. Kennedy Center Act (20
U.S.C. 76r) is amended by striking subsections (a) and (b) and
inserting the following:
‘‘(a) MAINTENANCE, REPAIR, AND SECURITY.—There is authorized to be appropriated to the Board to carry out section 4(a)(1)(H),
$22,000,000 for fiscal year 2016.
‘‘(b) CAPITAL PROJECTS.—There is authorized to be appropriated
to the Board to carry out subparagraphs (F) and (G) of section
4(a)(1), $15,000,000 for fiscal year 2016.’’.
This division may be cited as the ‘‘Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2016’’.
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND
HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF LABOR
EMPLOYMENT

AND

TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

For necessary expenses of the Workforce Innovation and Opportunity Act (referred to in this Act as ‘‘WIOA’’), the Second Chance
Act of 2007, the National Apprenticeship Act, and the Women
in Apprenticeship and Nontraditional Occupations Act of 1992
(‘‘WANTO Act’’), $3,335,425,000, plus reimbursements, shall be
available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,709,832,000 as follows:
(A) $815,556,000 for adult employment and training
activities, of which $103,556,000 shall be available for the
period July 1, 2016 through June 30, 2017, and of which
$712,000,000 shall be available for the period October 1,
2016 through June 30, 2017;

H. R. 2029—343
(B) $873,416,000 for youth activities, which shall be
available for the period April 1, 2016 through June 30,
2017; and
(C) $1,020,860,000 for dislocated worker employment
and training activities, of which $160,860,000 shall be
available for the period July 1, 2016 through June 30,
2017, and of which $860,000,000 shall be available for
the period October 1, 2016 through June 30, 2017:
Provided, That pursuant to section 128(a)(1) of the WIOA,
the amount available to the Governor for statewide workforce
investment activities shall not exceed 15 percent of the amount
allotted to the State from each of the appropriations under
the preceding subparagraphs: Provided further, That the funds
available for allotment to outlying areas to carry out subtitle
B of title I of the WIOA shall not be subject to the requirements
of section 127(b)(1)(B)(ii) of such Act; and
(2) for national programs, $625,593,000 as follows:
(A) $220,859,000 for the dislocated workers assistance
national reserve, of which $20,859,000 shall be available
for the period July 1, 2016 through September 30, 2017,
and of which $200,000,000 shall be available for the period
October 1, 2016 through September 30, 2017: Provided,
That funds provided to carry out section 132(a)(2)(A) of
the WIOA may be used to provide assistance to a State
for statewide or local use in order to address cases where
there have been worker dislocations across multiple sectors
or across multiple local areas and such workers remain
dislocated; coordinate the State workforce development
plan with emerging economic development needs; and train
such eligible dislocated workers: Provided further, That
funds provided to carry out sections 168(b) and 169(c) of
the WIOA may be used for technical assistance and demonstration projects, respectively, that provide assistance
to new entrants in the workforce and incumbent workers:
Provided further, That notwithstanding section 168(b) of
the WIOA, of the funds provided under this subparagraph,
the Secretary of Labor (referred to in this title as ‘‘Secretary’’) may reserve not more than 10 percent of such
funds to provide technical assistance and carry out additional activities related to the transition to the WIOA:
Provided further, That, of the funds provided under this
subparagraph, $19,000,000 shall be made available for
applications submitted in accordance with section 170 of
the WIOA for training and employment assistance for
workers dislocated from coal mines and coal-fired power
plants;
(B) $50,000,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2016 through June 30, 2017;
(C) $81,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$75,885,000 for formula grants (of which not less than
70 percent shall be for employment and training services),
$5,517,000 for migrant and seasonal housing (of which
not less than 70 percent shall be for permanent housing),
and $494,000 for other discretionary purposes, which shall
be available for the period July 1, 2016 through June

H. R. 2029—344
30, 2017: Provided, That notwithstanding any other provision of law or related regulation, the Department of Labor
shall take no action limiting the number or proportion
of eligible participants receiving related assistance services
or discouraging grantees from providing such services;
(D) $994,000 for carrying out the WANTO Act, which
shall be available for the period July 1, 2016 through
June 30, 2017;
(E) $84,534,000 for YouthBuild activities as described
in section 171 of the WIOA, which shall be available for
the period April 1, 2016 through June 30, 2017;
(F) $3,232,000 for technical assistance activities under
section 168 of the WIOA, which shall be available for
the period July 1, 2016 through June 30, 2017;
(G) $88,078,000 for ex-offender activities, under the
authority of section 169 of the WIOA and section 212
of the Second Chance Act of 2007, which shall be available
for the period April 1, 2016 through June 30, 2017: Provided, That of this amount, $20,000,000 shall be for
competitive grants to national and regional intermediaries
for activities that prepare young ex-offenders and school
dropouts for employment, with a priority for projects
serving high-crime, high-poverty areas;
(H) $6,000,000 for the Workforce Data Quality Initiative, under the authority of section 169 of the WIOA, which
shall be available for the period July 1, 2016 through
June 30, 2017; and
(I) $90,000,000 to expand opportunities relating to
apprenticeship programs registered under the National
Apprenticeship Act, to be available to the Secretary to
carry out activities through grants, cooperative agreements,
contracts and other arrangements, with States and other
appropriate entities, which shall be available for the period
April 1, 2016 through June 30, 2017.
JOB CORPS
(INCLUDING TRANSFER OF FUNDS)

To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training centers as authorized by the WIOA, $1,689,155,000, plus reimbursements, as follows:
(1) $1,581,825,000 for Job Corps Operations, which shall
be available for the period July 1, 2016 through June 30,
2017;
(2) $75,000,000 for construction, rehabilitation and acquisition of Job Corps Centers, which shall be available for the
period July 1, 2016 through June 30, 2019, and which may
include the acquisition, maintenance, and repair of major items
of equipment: Provided, That the Secretary may transfer up
to 15 percent of such funds to meet the operational needs
of such centers or to achieve administrative efficiencies: Provided further, That any funds transferred pursuant to the preceding proviso shall not be available for obligation after June

H. R. 2029—345
30, 2017: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1, 2015
through September 30, 2016:
Provided, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps centers.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ‘‘OAA’’), $434,371,000, which shall be available
for the period July 1, 2016 through June 30, 2017, and may be
recaptured and reobligated in accordance with section 517(c) of
the OAA.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during fiscal year 2016 of trade adjustment benefit payments and allowances under part I of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and section 246
of that Act; and for training, employment and case management
services, allowances for job search and relocation, and related State
administrative expenses under part II of subchapter B of chapter
2 of title II of the Trade Act of 1974, and including benefit payments,
allowances, training, employment and case management services,
and related State administration provided pursuant to section
231(a) of the Trade Adjustment Assistance Extension Act of 2011
and section 405(a) of the Trade Preferences Extension Act of 2015,
$861,000,000 together with such amounts as may be necessary
to be charged to the subsequent appropriation for payments for
any period subsequent to September 15, 2016: Provided, That notwithstanding section 502 of this division, any part of the appropriation provided under this heading may remain available for obligation beyond the current fiscal year pursuant to the authorities
of section 245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
OPERATIONS

For authorized administrative expenses, $89,066,000, together
with not to exceed $3,480,812,000 which may be expended from
the Employment Security Administration Account in the Unemployment Trust Fund (‘‘the Trust Fund’’), of which:
(1) $2,725,550,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $95,000,000 to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews, and to provide reemployment services and referrals to training as appropriate, for claimants of unemployment insurance for ex-service members under
5 U.S.C. 8521 et. seq. and for the claimants of regular
unemployment compensation who are profiled as most likely
to exhaust their benefits in each State, and $3,000,000 for
continued support of the Unemployment Insurance Integrity
Center of Excellence), the administration of unemployment

H. R. 2029—346
insurance for Federal employees and for ex-service members
as authorized under 5 U.S.C. 8501–8523, and the administration of trade readjustment allowances, reemployment trade
adjustment assistance, and alternative trade adjustment assistance under the Trade Act of 1974 and under section 231(a)
of the Trade Adjustment Assistance Extension Act of 2011
and section 405(a) of the Trade Preferences Extension Act
of 2015, and shall be available for obligation by the States
through December 31, 2016, except that funds used for automation acquisitions shall be available for Federal obligation
through December 31, 2016, and for State obligation through
September 30, 2018, or, if the automation acquisition is being
carried out through consortia of States, for State obligation
through September 30, 2021, and for expenditure through September 30, 2022, and funds for competitive grants awarded
to States for improved operations and to conduct in-person
assessments and reviews and provide reemployment services
and referrals shall be available for Federal obligation through
December 31, 2016, and for obligation by the States through
September 30, 2018, and funds for the Unemployment Insurance Integrity Center of Excellence shall be available for obligation by the State through September 30, 2017, and funds used
for unemployment insurance workloads experienced by the
States through September 30, 2016 shall be available for Federal obligation through December 31, 2016;
(2) $14,547,000 from the Trust Fund is for national activities necessary to support the administration of the FederalState unemployment insurance system;
(3) $658,587,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the WagnerPeyser Act, and shall be available for Federal obligation for
the period July 1, 2016 through June 30, 2017;
(4) $19,818,000 from the Trust Fund is for national activities of the Employment Service, including administration of
the work opportunity tax credit under section 51 of the Internal
Revenue Code of 1986, and the provision of technical assistance
and staff training under the Wagner-Peyser Act;
(5) $62,310,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under
the Immigration and Nationality Act and related laws, of which
$48,028,000 shall be available for the Federal administration
of such activities, and $14,282,000 shall be available for grants
to States for the administration of such activities; and
(6) $67,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2016
through June 30, 2017:
Provided, That to the extent that the Average Weekly Insured
Unemployment (‘‘AWIU’’) for fiscal year 2016 is projected by the
Department of Labor to exceed 2,680,000, an additional $28,600,000
from the Trust Fund shall be available for obligation for every
100,000 increase in the AWIU level (including a pro rata amount
for any increment less than 100,000) to carry out title III of the
Social Security Act: Provided further, That funds appropriated in
this Act that are allotted to a State to carry out activities under

H. R. 2029—347
title III of the Social Security Act may be used by such State
to assist other States in carrying out activities under such title
III if the other States include areas that have suffered a major
disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided further,
That the Secretary may use funds appropriated for grants to States
under title III of the Social Security Act to make payments on
behalf of States for the use of the National Directory of New
Hires under section 453(j)(8) of such Act: Provided further, That
the Secretary may use funds appropriated for grants to States
under title III of the Social Security Act to make payments on
behalf of States to the entity operating the State Information Data
Exchange System: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop career
center system, or which are used to support the national activities
of the Federal-State unemployment insurance, employment service,
or immigration programs, may be obligated in contracts, grants,
or agreements with States and non-State entities: Provided further,
That States awarded competitive grants for improved operations
under title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States under
such grants, subject to the conditions applicable to the grants:
Provided further, That funds appropriated under this Act for activities authorized under title III of the Social Security Act and the
Wagner-Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation
efforts, notwithstanding cost allocation principles prescribed under
the Office of Management and Budget Circular A–87: Provided
further, That the Secretary, at the request of a State participating
in a consortium with other States, may reallot funds allotted to
such State under title III of the Social Security Act to other States
participating in the consortium in order to carry out activities
that benefit the administration of the unemployment compensation
law of the State making the request: Provided further, That the
Secretary may collect fees for the costs associated with additional
data collection, analyses, and reporting services relating to the
National Agricultural Workers Survey requested by State and local
governments, public and private institutions of higher education,
and nonprofit organizations and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, for the National Agricultural Workers Survey infrastructure, methodology, and data to meet
the information collection and reporting needs of such entities,
which shall be credited to this appropriation and shall remain
available until September 30, 2017, for such purposes.
In addition, $20,000,000 from the Employment Security
Administration Account of the Unemployment Trust Fund shall
be available for in-person reemployment and eligibility assessments
and unemployment insurance improper payment reviews and to
provide reemployment services and referrals to training as appropriate, which shall be available for Federal obligations through
December 31, 2016, and for State obligation through September
30, 2018.

H. R. 2029—348
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security Act,
and to the Black Lung Disability Trust Fund as authorized by
section 9501(c)(1) of the Internal Revenue Code of 1986; and for
nonrepayable advances to the revolving fund established by section
901(e) of the Social Security Act, to the Unemployment Trust Fund
as authorized by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment
Benefits and Allowances’’ account, such sums as may be necessary,
which shall be available for obligation through September 30, 2017.
PROGRAM ADMINISTRATION

For expenses of administering employment and training programs, $104,577,000, together with not to exceed $49,982,000 which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund.
EMPLOYEE BENEFITS SECURITY ADMINISTRATION
SALARIES AND EXPENSES

For necessary expenses for the Employee Benefits Security
Administration, $181,000,000.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation (‘‘Corporation’’) is
authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement
Income Security Act of 1974, within limits of funds and borrowing
authority available to the Corporation, and in accord with law,
and to make such contracts and commitments without regard to
fiscal year limitations, as provided by 31 U.S.C. 9104, as may
be necessary in carrying out the program, including associated
administrative expenses, through September 30, 2016, for the Corporation: Provided, That none of the funds available to the Corporation for fiscal year 2016 shall be available for obligations for
administrative expenses in excess of $431,799,000: Provided further,
That to the extent that the number of new plan participants in
plans terminated by the Corporation exceeds 100,000 in fiscal year
2016, an amount not to exceed an additional $9,200,000 shall be
available through September 30, 2017, for obligation for administrative expenses for every 20,000 additional terminated participants:
Provided further, That obligations in excess of the amounts provided
in this paragraph may be incurred for unforeseen and extraordinary
pretermination expenses or extraordinary multiemployer program
related expenses after approval by the Office of Management and
Budget and notification of the Committees on Appropriations of
the House of Representatives and the Senate.

H. R. 2029—349
WAGE

AND

HOUR DIVISION

SALARIES AND EXPENSES

For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies and
their employees for inspection services rendered, $227,500,000.
OFFICE

OF

LABOR-MANAGEMENT STANDARDS

SALARIES AND EXPENSES

For necessary expenses for the Office of Labor-Management
Standards, $40,593,000.
OFFICE

OF

FEDERAL CONTRACT COMPLIANCE PROGRAMS
SALARIES AND EXPENSES

For necessary expenses for the Office of Federal Contract
Compliance Programs, $105,476,000.
OFFICE

OF

WORKERS’ COMPENSATION PROGRAMS
SALARIES AND EXPENSES

For necessary expenses for the Office of Workers’ Compensation
Programs, $113,324,000, together with $2,177,000 which may be
expended from the Special Fund in accordance with sections 39(c),
44(d), and 44(j) of the Longshore and Harbor Workers’ Compensation Act.
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by 5 U.S.C. 81; continuation of
benefits as provided for under the heading ‘‘Civilian War Benefits’’
in the Federal Security Agency Appropriation Act, 1947; the
Employees’ Compensation Commission Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C. App. 2004); obligations
incurred under the War Hazards Compensation Act (42 U.S.C.
1701 et seq.); and 50 percent of the additional compensation and
benefits required by section 10(h) of the Longshore and Harbor
Workers’ Compensation Act, $210,000,000, together with such
amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the current
year, for deposit into and to assume the attributes of the Employees’
Compensation Fund established under 5 U.S.C. 8147(a): Provided,
That amounts appropriated may be used under 5 U.S.C. 8104
by the Secretary to reimburse an employer, who is not the employer
at the time of injury, for portions of the salary of a re-employed,
disabled beneficiary: Provided further, That balances of reimbursements unobligated on September 30, 2015, shall remain available
until expended for the payment of compensation, benefits, and

H. R. 2029—350
expenses: Provided further, That in addition there shall be transferred to this appropriation from the Postal Service and from any
other corporation or instrumentality required under 5 U.S.C. 8147(c)
to pay an amount for its fair share of the cost of administration,
such sums as the Secretary determines to be the cost of administration for employees of such fair share entities through September
30, 2016: Provided further, That of those funds transferred to this
account from the fair share entities to pay the cost of administration
of the Federal Employees’ Compensation Act, $62,170,000 shall
be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$21,140,000;
(2) For automated workload processing operations,
including document imaging, centralized mail intake, and medical bill processing, $22,968,000;
(3) For periodic roll disability management and medical
review, $16,668,000;
(4) For program integrity, $1,394,000; and
(5) The remaining funds shall be paid into the Treasury
as miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C.
81, or the Longshore and Harbor Workers’ Compensation Act, provide as part of such notice and claim, such identifying information
(including Social Security account number) as such regulations
may prescribe.
SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health
Act of 1977, as amended by Public Law 107–275, $69,302,000,
to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter
of fiscal year 2017, $19,000,000, to remain available until expended.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION FUND

For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $58,552,000, to
remain available until expended: Provided, That the Secretary may
require that any person filing a claim for benefits under the Act
provide as part of such claim such identifying information (including
Social Security account number) as may be prescribed.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)

Such sums as may be necessary from the Black Lung Disability
Trust Fund (the ‘‘Fund’’), to remain available until expended, for
payment of all benefits authorized by section 9501(d)(1), (2), (6),
and (7) of the Internal Revenue Code of 1986; and repayment
of, and payment of interest on advances, as authorized by section

H. R. 2029—351
9501(d)(4) of that Act. In addition, the following amounts may
be expended from the Fund for fiscal year 2016 for expenses of
operation and administration of the Black Lung Benefits program,
as authorized by section 9501(d)(5): not to exceed $35,244,000 for
transfer to the Office of Workers’ Compensation Programs, ‘‘Salaries
and Expenses’’; not to exceed $30,279,000 for transfer to Departmental Management, ‘‘Salaries and Expenses’’; not to exceed
$327,000 for transfer to Departmental Management, ‘‘Office of
Inspector General’’; and not to exceed $356,000 for payments into
miscellaneous receipts for the expenses of the Department of the
Treasury.
OCCUPATIONAL SAFETY

AND

HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health
Administration, $552,787,000, including not to exceed $100,850,000
which shall be the maximum amount available for grants to States
under section 23(g) of the Occupational Safety and Health Act
(the ‘‘Act’’), which grants shall be no less than 50 percent of the
costs of State occupational safety and health programs required
to be incurred under plans approved by the Secretary under section
18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302,
the Occupational Safety and Health Administration may retain
up to $499,000 per fiscal year of training institute course tuition
and fees, otherwise authorized by law to be collected, and may
utilize such sums for occupational safety and health training and
education: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the fiscal year ending September 30,
2016, to collect and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that
ensure the safety of equipment and products used by workers
in the workplace: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended to
prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act which is applicable to any person
who is engaged in a farming operation which does not maintain
a temporary labor camp and employs 10 or fewer employees: Provided further, That no funds appropriated under this paragraph
shall be obligated or expended to administer or enforce any
standard, rule, regulation, or order under the Act with respect
to any employer of 10 or fewer employees who is included within
a category having a Days Away, Restricted, or Transferred (‘‘DART’’)
occupational injury and illness rate, at the most precise industrial
classification code for which such data are published, less than
the national average rate as such rates are most recently published
by the Secretary, acting through the Bureau of Labor Statistics,
in accordance with section 24 of the Act, except—
(1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations

H. R. 2029—352
found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement
period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That $10,537,000 shall be available
for Susan Harwood training grants.
MINE SAFETY

AND

HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Mine Safety and Health
Administration, $375,887,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and firstaid work, and the hire of passenger motor vehicles, including up
to $2,000,000 for mine rescue and recovery activities and not less
than $8,441,000 for State assistance grants: Provided, That notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be collected
by the National Mine Health and Safety Academy for room, board,
tuition, and the sale of training materials, otherwise authorized
by law to be collected, to be available for mine safety and health
education and training activities: Provided further, That notwithstanding 31 U.S.C. 3302, the Mine Safety and Health Administration is authorized to collect and retain up to $2,499,000 from fees
collected for the approval and certification of equipment, materials,
and explosives for use in mines, and may utilize such sums for
such activities: Provided further, That the Secretary is authorized
to accept lands, buildings, equipment, and other contributions from
public and private sources and to prosecute projects in cooperation
with other agencies, Federal, State, or private: Provided further,
That the Mine Safety and Health Administration is authorized
to promote health and safety education and training in the mining
community through cooperative programs with States, industry,
and safety associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety Association
as a principal safety association and, notwithstanding any other
provision of law, may provide funds and, with or without reimbursement, personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in the
national organization: Provided further, That any funds available
to the Department of Labor may be used, with the approval of
the Secretary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.

H. R. 2029—353
BUREAU

OF

LABOR STATISTICS

SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $544,000,000,
together with not to exceed $65,000,000 which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund.
OFFICE

OF

DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and
award grants furthering the objective of eliminating barriers to
the training and employment of people with disabilities,
$38,203,000.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles, $334,065,000,
together with not to exceed $308,000, which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, That $59,825,000 for the
Bureau of International Labor Affairs shall be available for obligation through December 31, 2016: Provided further, That funds available to the Bureau of International Labor Affairs may be used
to administer or operate international labor activities, bilateral
and multilateral technical assistance, and microfinance programs,
by or through contracts, grants, subgrants and other arrangements:
Provided further, That not more than $53,825,000 shall be for
programs to combat exploitative child labor internationally and
not less than $6,000,000 shall be used to implement model programs
that address worker rights issues through technical assistance in
countries with which the United States has free trade agreements
or trade preference programs: Provided further, That $8,040,000
shall be used for program evaluation and shall be available for
obligation through September 30, 2017: Provided further, That
funds available for program evaluation may be used to administer
grants for the purpose of evaluation: Provided further, That grants
made for the purpose of evaluation shall be awarded through fair
and open competition: Provided further, That funds available for
program evaluation may be transferred to any other appropriate
account in the Department for such purpose: Provided further,
That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance
of any transfer: Provided further, That the funds available to the
Women’s Bureau may be used for grants to serve and promote
the interests of women in the workforce.

H. R. 2029—354
VETERANS EMPLOYMENT AND TRAINING

Not to exceed $233,001,000 may be derived from the Employment Security Administration account in the Unemployment Trust
Fund to carry out the provisions of chapters 41, 42, and 43 of
title 38, United States Code, of which:
(1) $175,000,000 is for Jobs for Veterans State grants under
38 U.S.C. 4102A(b)(5) to support disabled veterans’ outreach
program specialists under section 4103A of such title and local
veterans’ employment representatives under section 4104(b)
of such title, and for the expenses described in section
4102A(b)(5)(C), which shall be available for obligation by the
States through December 31, 2016, and not to exceed 3 percent
for the necessary Federal expenditures for data systems and
contract support to allow for the tracking of participant and
performance information: Provided, That, in addition, such
funds may be used to support such specialists and representatives in the provision of services to transitioning members
of the Armed Forces who have participated in the Transition
Assistance Program and have been identified as in need of
intensive services, to members of the Armed Forces who are
wounded, ill, or injured and receiving treatment in military
treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or
injured members;
(2) $14,100,000 is for carrying out the Transition Assistance
Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $40,487,000 is for Federal administration of chapters
41, 42, and 43 of title 38, United States Code; and
(4) $3,414,000 is for the National Veterans’ Employment
and Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations provided under paragraphs (1) through (4) above an amount
not to exceed 3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury,
$38,109,000 is for carrying out programs to assist homeless veterans
and veterans at risk of homelessness who are transitioning from
certain institutions under sections 2021, 2021A, and 2023 of title
38, United States Code: Provided, That notwithstanding subsections
(c)(3) and (d) of section 2023, the Secretary may award grants
through September 30, 2016, to provide services under such section:
Provided further, That services provided under section 2023 may
include, in addition to services to the individuals described in subsection (e) of such section, services to veterans recently released
from incarceration who are at risk of homelessness.
IT MODERNIZATION

For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $29,778,000.
OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $80,640,000, together with not to exceed $5,660,000 which

H. R. 2029—355
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated by this Act for the
Job Corps shall be used to pay the salary and bonuses of an
individual, either as direct costs or any proration as an indirect
cost, at a rate in excess of Executive Level II.
(TRANSFER OF FUNDS)

SEC. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for the Department of Labor in this Act may be transferred between
a program, project, or activity, but no such program, project, or
activity shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund
any project or activity for which no funds are provided in this
Act: Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at least
15 days in advance of any transfer.
SEC. 103. In accordance with Executive Order 13126, none
of the funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child labor
in industries and host countries already identified by the United
States Department of Labor prior to enactment of this Act.
SEC. 104. Except as otherwise provided in this section, none
of the funds made available to the Department of Labor for grants
under section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 2916a) may be
used for any purpose other than competitive grants for training
individuals who are older than 16 years of age and are not currently
enrolled in school within a local educational agency in the occupations and industries for which employers are using H–1B visas
to hire foreign workers, and the related activities necessary to
support such training: Provided, That up to $13,000,000 of such
funds shall be available for obligation through September 30, 2017
to process permanent foreign labor certifications under section
212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(5)(A)): Provided further, That the funding limitation under
this section shall not apply to funding provided pursuant to solicitations for grant applications issued before January 15, 2014.
SEC. 105. None of the funds made available by this Act under
the heading ‘‘Employment and Training Administration’’ shall be
used by a recipient or subrecipient of such funds to pay the salary
and bonuses of an individual, either as direct costs or indirect
costs, at a rate in excess of Executive Level II. This limitation
shall not apply to vendors providing goods and services as defined
in Office of Management and Budget Circular A–133. Where States
are recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and bonuses
from subrecipients of such funds, taking into account factors
including the relative cost-of-living in the State, the compensation

H. R. 2029—356
levels for comparable State or local government employees, and
the size of the organizations that administer Federal programs
involved including Employment and Training Administration programs.
(TRANSFER OF FUNDS)

SEC. 106. Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside,
for technical assistance services to grantees to ‘‘Program Administration’’ when it is determined that those services will be more
efficiently performed by Federal employees: Provided, That this
section shall not apply to section 171 of the WIOA.
(TRANSFER OF FUNDS)

SEC. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any
of the programs or activities that are funded under such accounts.
Any funds reserved under this section shall be transferred to
‘‘Departmental Management’’ for use by the Office of the Chief
Evaluation Officer within the Department of Labor, and shall be
available for obligation through September 30, 2017: Provided, That
such funds shall only be available if the Chief Evaluation Officer
of the Department of Labor submits a plan to the Committees
on Appropriations of the House of Representatives and the Senate
describing the evaluations to be carried out 15 days in advance
of any transfer.
(b) The accounts referred to in subsection (a) are: ‘‘Training
and Employment Services’’, ‘‘Job Corps’’, ‘‘Community Service
Employment for Older Americans’’, ‘‘State Unemployment Insurance
and Employment Service Operations’’, ‘‘Employee Benefits Security
Administration’’, ‘‘Office of Workers’ Compensation Programs’’,
‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract Compliance
Programs’’, ‘‘Office of Labor Management Standards’’, ‘‘Occupational
Safety and Health Administration’’, ‘‘Mine Safety and Health
Administration’’, ‘‘Office of Disability Employment Policy’’, funding
made available to the ‘‘Bureau of International Labor Affairs’’ and
‘‘Women’s Bureau’’ within the ‘‘Departmental Management, Salaries
and Expenses’’ account, and ‘‘Veterans Employment and Training’’.
SEC. 108. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following text
is part of such section:
‘‘(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to any
employee—
‘‘(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies or
contracts;
‘‘(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever
is greater, for the number of weeks such employee is engaged
in any of the activities described in subparagraph (C); and

H. R. 2029—357
‘‘(C) whose duties include any of the following:
‘‘(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from
or relating to a disaster, witnesses, or physicians;
‘‘(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
‘‘(iii) evaluating and making recommendations
regarding coverage or compensability of claims or determining liability or value aspects of claims;
‘‘(iv) negotiating settlements; or
‘‘(v) making recommendations regarding litigation.
‘‘(2) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1).
‘‘(3) For purposes of this subsection—
‘‘(A) the term ‘major disaster’ means any disaster or catastrophe declared or designated by any State or Federal agency
or department;
‘‘(B) the term ‘employee employed to adjust or evaluate
claims resulting from or relating to such major disaster’ means
an individual who timely secured or secures a license required
by applicable law to engage in and perform the activities
described in clauses (i) through (v) of paragraph (1)(C) relating
to a major disaster, and is employed by an employer that
maintains worker compensation insurance coverage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll
taxes from the wages, salaries and any benefits of such
employees; and
‘‘(C) the term ‘affiliate’ means a company that, by reason
of ownership or control of 25 percent or more of the outstanding
shares of any class of voting securities of one or more companies, directly or indirectly, controls, is controlled by, or is under
common control with, another company.’’.
(b) This section shall be effective on the date of enactment
of this Act.
SEC. 109. Notwithstanding any other provision of law, beginning October 1, 2015, the Secretary of Labor, in consultation with
the Secretary of Agriculture may select an entity to operate a
Civilian Conservation Center on a competitive basis in accordance
with section 147 of the WIOA, if the Secretary of Labor determines
such Center has had consistently low performance under the
performance accountability system in effect for the Job Corps program prior to July 1, 2016, or with respect to expected levels
of performance established under section 159(c) of such Act beginning July 1, 2016.
SEC. 110. None of the funds made available by this Act may
be used to implement, administer, or enforce the Establishing a
Minimum Wage for Contractors regulation published by the Department of Labor in the Federal Register on October 7, 2014 (79
Fed. Reg. 60634 et seq.), with respect to Federal contracts, permits,
or other contract-like instruments entered into with the Federal
Government in connection with Federal property or lands, specifically related to offering seasonal recreational services or seasonal
recreation equipment rental for the general public: Provided, That
this section shall not apply to lodging and food services associated
with seasonal recreation services.

H. R. 2029—358
SEC. 111. (a) FLEXIBILITY WITH RESPECT TO THE CROSSING
H–2B NONIMMIGRANTS WORKING IN THE SEAFOOD INDUSTRY.—
(1) IN GENERAL.—Subject to paragraph (2), if a petition
for H–2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for
which the employer is seeking the services of the nonimmigrants without filing another petition.
(2) REQUIREMENTS FOR CROSSINGS AFTER 90TH DAY.—An
employer in the seafood industry may not bring H–2B nonimmigrants into the United States after the date that is 90
days after the start date for which the employer is seeking
the services of the nonimmigrants unless the employer—
(A) completes a new assessment of the local labor
market by—
(i) listing job orders in local newspapers on 2 separate Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at
the employer’s place of employment; and
(B) offers the job to an equally or better qualified
United States worker who—
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) EXEMPTION FROM RULES WITH RESPECT TO STAGGERING.—The Secretary of Labor shall not consider an employer
in the seafood industry who brings H–2B nonimmigrants into
the United States during the 120-day period specified in paragraph (1) to be staggering the date of need in violation of
section 655.20(d) of title 20, Code of Federal Regulations, or
any other applicable provision of law.
(b) H–2B NONIMMIGRANTS DEFINED.—In this section, the term
‘‘H–2B nonimmigrants’’ means aliens admitted to the United States
pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)).
SEC. 112. The determination of prevailing wage for the purposes
of the H–2B program shall be the greater of—(1) the actual wage
level paid by the employer to other employees with similar experience and qualifications for such position in the same location;
or (2) the prevailing wage level for the occupational classification
of the position in the geographic area in which the H–2B nonimmigrant will be employed, based on the best information available
at the time of filing the petition. In the determination of prevailing
wage for the purposes of the H–2B program, the Secretary shall
accept private wage surveys even in instances where Occupational
Employment Statistics survey data are available unless the Secretary determines that the methodology and data in the provided
survey are not statistically supported.
SEC. 113. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in 20
CFR 655.5 or the three-fourths guarantee rule definition found
in 20 CFR 655.20, or any references thereto. Further, for the
purpose of regulating admission of temporary workers under the
H–2B program, the definition of temporary need shall be that
provided in 8 CFR 214.2(h)(6)(ii)(B).
OF

H. R. 2029—359
SEC. 114. None of the funds in this Act shall be used to
implement 20 CFR 655.70 and 20 CFR 655.71.
This title may be cited as the ‘‘Department of Labor Appropriations Act, 2016’’.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
HEALTH RESOURCES

AND

SERVICES ADMINISTRATION

PRIMARY HEALTH CARE

For carrying out titles II and III of the Public Health Service
Act (referred to in this Act as the ‘‘PHS Act’’) with respect to
primary health care and the Native Hawaiian Health Care Act
of 1988, $1,491,522,000 (in addition to the $3,600,000,000 previously
appropriated to the Community Health Center Fund for fiscal year
2016): Provided, That no more than $100,000 shall be available
until expended for carrying out the provisions of section 224(o)
of the PHS Act: Provided further, That no more than $99,893,000
shall be available until expended for carrying out the provisions
of Public Law 104–73 and for expenses incurred by the Department
of Health and Human Services (referred to in this Act as ‘‘HHS’’)
pertaining to administrative claims made under such law: Provided
further, That of funds provided for the Health Centers program,
as defined by section 330 of the PHS Act, by this Act or any
other Act for fiscal year 2016, not less than $200,000,000 shall
be obligated in fiscal year 2016 to support new access points,
grants to expand medical services, behavioral health, oral health,
pharmacy, or vision services, and not less than $150,000,000 shall
be obligated in fiscal year 2016 for construction and capital improvement costs: Provided further, That the time limitation in section
330(e)(3) of the PHS Act shall not apply in fiscal year 2016.
HEALTH WORKFORCE

For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, section 1128E of the Social Security
Act, and the Health Care Quality Improvement Act of 1986,
$786,895,000: Provided, That sections 747(c)(2), 751(j)(2), 762(k),
and the proportional funding amounts in paragraphs (1) through
(4) of section 756(e) of the PHS Act shall not apply to funds
made available under this heading: Provided further, That for any
program operating under section 751 of the PHS Act on or before
January 1, 2009, the Secretary of Health and Human Services
(referred to in this title as the ‘‘Secretary’’) may hereafter waive
any of the requirements contained in sections 751(d)(2)(A) and
751(d)(2)(B) of such Act for the full project period of a grant under
such section: Provided further, That no funds shall be available
for section 340G–1 of the PHS Act: Provided further, That fees
collected for the disclosure of information under section 427(b)
of the Health Care Quality Improvement Act of 1986 and sections
1128E(d)(2) and 1921 of the Social Security Act shall be sufficient
to recover the full costs of operating the programs authorized by
such sections and shall remain available until expended for the
National Practitioner Data Bank: Provided further, That funds
transferred to this account to carry out section 846 and subpart

H. R. 2029—360
3 of part D of title III of the PHS Act may be used to make
prior year adjustments to awards made under such sections.
MATERNAL AND CHILD HEALTH

For carrying out titles III, XI, XII, and XIX of the PHS Act
with respect to maternal and child health, title V of the Social
Security Act, and section 712 of the American Jobs Creation Act
of 2004, $845,117,000: Provided, That notwithstanding sections
502(a)(1) and 502(b)(1) of the Social Security Act, not more than
$77,093,000 shall be available for carrying out special projects
of regional and national significance pursuant to section 501(a)(2)
of such Act and $10,276,000 shall be available for projects described
in subparagraphs (A) through (F) of section 501(a)(3) of such Act.
RYAN WHITE HIV/AIDS PROGRAM

For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,322,781,000, of which
$1,970,881,000 shall remain available to the Secretary through
September 30, 2018, for parts A and B of title XXVI of the PHS
Act, and of which not less than $900,313,000 shall be for State
AIDS Drug Assistance Programs under the authority of section
2616 or 311(c) of such Act.
HEALTH CARE SYSTEMS

For carrying out titles III and XII of the PHS Act with respect
to health care systems, and the Stem Cell Therapeutic and Research
Act of 2005, $103,193,000, of which $122,000 shall be available
until expended for facilities renovations at the Gillis W. Long
Hansen’s Disease Center.
RURAL HEALTH

For carrying out titles III and IV of the PHS Act with respect
to rural health, section 427(a) of the Federal Coal Mine Health
and Safety Act of 1969, and sections 711 and 1820 of the Social
Security Act, $149,571,000, of which $41,609,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act,
shall be available for carrying out the Medicare rural hospital
flexibility grants program: Provided, That of the funds made available under this heading for Medicare rural hospital flexibility
grants, $14,942,000 shall be available for the Small Rural Hospital
Improvement Grant Program for quality improvement and adoption
of health information technology and up to $1,000,000 shall be
to carry out section 1820(g)(6) of the Social Security Act, with
funds provided for grants under section 1820(g)(6) available for
the purchase and implementation of telehealth services, including
pilots and demonstrations on the use of electronic health records
to coordinate rural veterans care between rural providers and the
Department of Veterans Affairs electronic health record system:
Provided further, That notwithstanding section 338J(k) of the PHS
Act, $9,511,000 shall be available for State Offices of Rural Health.

H. R. 2029—361
FAMILY PLANNING

For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects, $286,479,000:
Provided, That amounts provided to said projects under such title
shall not be expended for abortions, that all pregnancy counseling
shall be nondirective, and that such amounts shall not be expended
for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office.
PROGRAM MANAGEMENT

For program support in the Health Resources and Services
Administration, $154,000,000: Provided, That funds made available
under this heading may be used to supplement program support
funding provided under the headings ‘‘Primary Health Care’’,
‘‘Health Workforce’’, ‘‘Maternal and Child Health’’, ‘‘Ryan White
HIV/AIDS Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program
Trust Fund (the ‘‘Trust Fund’’), such sums as may be necessary
for claims associated with vaccine-related injury or death with
respect to vaccines administered after September 30, 1988, pursuant
to subtitle 2 of title XXI of the PHS Act, to remain available
until expended: Provided, That for necessary administrative
expenses, not to exceed $7,500,000 shall be available from the
Trust Fund to the Secretary.
CENTERS

FOR

DISEASE CONTROL

AND

PREVENTION

IMMUNIZATION AND RESPIRATORY DISEASES

For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to immunization and respiratory diseases,
$459,055,000.
HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES, AND
TUBERCULOSIS PREVENTION

For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,122,278,000.
EMERGING AND ZOONOTIC INFECTIOUS DISEASES

For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and Nationality
Act, and section 501 of the Refugee Education Assistance Act,
with respect to emerging and zoonotic infectious diseases,
$527,885,000.

H. R. 2029—362
CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION

For carrying out titles II, III, XI, XV, XVII, and XIX of the
PHS Act with respect to chronic disease prevention and health
promotion, $838,146,000: Provided, That funds appropriated under
this account may be available for making grants under section
1509 of the PHS Act for not less than 21 States, tribes, or tribal
organizations: Provided further, That of the funds available under
this heading, $10,000,000 shall be available to continue and expand
community specific extension and outreach programs to combat
obesity in counties with the highest levels of obesity: Provided
further, That the proportional funding requirements under section
1503(a) of the PHS Act shall not apply to funds made available
under this heading.
BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, DISABILITIES AND
HEALTH

For carrying out titles II, III, XI, and XVII of the PHS Act
with respect to birth defects, developmental disabilities, disabilities
and health, $135,610,000.
PUBLIC HEALTH SCIENTIFIC SERVICES

For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $491,597,000.
ENVIRONMENTAL HEALTH

For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $165,303,000.
INJURY PREVENTION AND CONTROL

For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $236,059,000: Provided,
That of the funds provided under this heading, $70,000,000 shall
be available for an evidence-based opioid drug overdose prevention
program.
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine
Safety and Health Act, section 13 of the Mine Improvement and
New Emergency Response Act, and sections 20, 21, and 22 of
the Occupational Safety and Health Act, with respect to occupational safety and health, $339,121,000.
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM

For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to
remain available until expended: Provided, That this amount shall
be available consistent with the provision regarding administrative
expenses in section 151(b) of division B, title I of Public Law
106–554.

H. R. 2029—363
GLOBAL HEALTH

For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $427,121,000, of which $128,421,000 for
international HIV/AIDS shall remain available through September
30, 2017: Provided, That funds may be used for purchase and
insurance of official motor vehicles in foreign countries.
PUBLIC HEALTH PREPAREDNESS AND RESPONSE

For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for
expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian
populations, $1,405,000,000, of which $575,000,000 shall remain
available until expended for the Strategic National Stockpile: Provided, That in the event the Director of the CDC activates the
Emergency Operations Center, the Director of the CDC may detail
CDC staff without reimbursement for up to 90 days to support
the work of the CDC Emergency Operations Center, so long as
the Director provides a notice to the Committees on Appropriations
of the House of Representatives and the Senate within 15 days
of the use of this authority and a full report within 30 days after
use of this authority which includes the number of staff and funding
level broken down by the originating center and number of days
detailed: Provided further, That funds appropriated under this
heading may be used to support a contract for the operation and
maintenance of an aircraft in direct support of activities throughout
CDC to ensure the agency is prepared to address public health
preparedness emergencies.
BUILDINGS AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)

For acquisition of real property, equipment, construction, demolition, and renovation of facilities, $10,000,000, which shall remain
available until September 30, 2020: Provided, That funds previously
set-aside by CDC for repair and upgrade of the Lake Lynn Experimental Mine and Laboratory shall be used to acquire a replacement
mine safety research facility: Provided further, That in addition,
the prior year unobligated balance of any amounts assigned to
former employees in accounts of CDC made available for Individual
Learning Accounts shall be credited to and merged with the
amounts made available under this heading to support the replacement of the mine safety research facility.
CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

For carrying out titles II, III, XVII and XIX, and section 2821
of the PHS Act and for cross-cutting activities and program support
for activities funded in other appropriations included in this Act
for the Centers for Disease Control and Prevention, $113,570,000:
Provided, That paragraphs (1) through (3) of subsection (b) of section
2821 of the PHS Act shall not apply to funds appropriated under
this heading and in all other accounts of the CDC: Provided further,
That employees of CDC or the Public Health Service, both civilian
and commissioned officers, detailed to States, municipalities, or

H. R. 2029—364
other organizations under authority of section 214 of the PHS
Act, or in overseas assignments, shall be treated as non-Federal
employees for reporting purposes only and shall not be included
within any personnel ceiling applicable to the Agency, Service,
or HHS during the period of detail or assignment: Provided further,
That CDC may use up to $10,000 from amounts appropriated
to CDC in this Act for official reception and representation expenses
when specifically approved by the Director of CDC: Provided further,
That in addition, such sums as may be derived from authorized
user fees, which shall be credited to the appropriation charged
with the cost thereof: Provided further, That with respect to the
previous proviso, authorized user fees from the Vessel Sanitation
Program and the Respirator Certification Program shall be available
through September 30, 2017.
NATIONAL INSTITUTES

OF

HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $5,214,701,000, of which up to $16,000,000
may be used for facilities repairs and improvements at the National
Cancer Institute—Frederick Federally Funded Research and
Development Center in Frederick, Maryland.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and blood
and blood products, $3,115,538,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

For carrying out section 301 and title IV of the PHS Act
with respect to dental and craniofacial diseases, $415,582,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY
DISEASES

For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$1,818,357,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke, $1,696,139,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases, $4,629,928,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $2,512,073,000, of which
$780,000,000 shall be from funds available under section 241 of

H. R. 2029—365
the PHS Act: Provided, That not less than $320,840,000 is provided
for the Institutional Development Awards program.
EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH
AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,339,802,000.
NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders, $715,903,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $693,702,000.
NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the PHS Act
with respect to aging, $1,600,191,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN
DISEASES

For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin diseases,
$542,141,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION
DISORDERS

For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$423,031,000.
NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $146,485,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $467,700,000.
NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,077,488,000.
NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $1,548,390,000.

H. R. 2029—366
NATIONAL HUMAN GENOME RESEARCH INSTITUTE

For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $518,956,000.
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering research,
$346,795,000.
NATIONAL CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH

For carrying out section 301 and title IV of the PHS Act
with respect to complementary and integrative health,
$130,789,000.
NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES

For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities research,
$279,718,000.
JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of
the PHS Act), $70,447,000.
NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the PHS Act
with respect to health information communications, $394,664,000:
Provided, That of the amounts available for improvement of
information systems, $4,000,000 shall be available until September
30, 2017: Provided further, That in fiscal year 2016, the National
Library of Medicine may enter into personal services contracts
for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health
(referred to in this title as ‘‘NIH’’).
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES

For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $685,417,000: Provided, That
up to $25,835,000 shall be available to implement section 480
of the PHS Act, relating to the Cures Acceleration Network: Provided further, That at least $500,000,000 is provided to the Clinical
and Translational Sciences Awards program.
OFFICE OF THE DIRECTOR

For carrying out the responsibilities of the Office of the Director,
NIH, $1,558,600,000, of which up to $30,000,000 may be used
to carry out section 215 of this Act: Provided, That funding shall
be available for the purchase of not to exceed 29 passenger motor
vehicles for replacement only: Provided further, That all funds
credited to the NIH Management Fund shall remain available for
one fiscal year after the fiscal year in which they are deposited:

H. R. 2029—367
Provided further, That $165,000,000 shall be for the National Children’s Study Follow-on: Provided further, That NIH shall submit
a spend plan on the next phase of the study in the previous
proviso to the Committees on Appropriations of the House of Representatives and the Senate not later than 90 days after the date
of enactment of this Act: Provided further, That $663,039,000 shall
be available for the Common Fund established under section
402A(c)(1) of the PHS Act: Provided further, That of the funds
provided, $10,000 shall be for official reception and representation
expenses when specifically approved by the Director of the NIH:
Provided further, That the Office of AIDS Research within the
Office of the Director of the NIH may spend up to $8,000,000
to make grants for construction or renovation of facilities as provided for in section 2354(a)(5)(B) of the PHS Act: Provided further,
That up to $130,000,000 of the funds provided to the Common
Fund are available to support the trans-NIH Precision Medicine
Initiative: Provided further, That of the amount provided to the
NIH, the Director of the NIH shall enter into an agreement with
the National Academy of Sciences, as part of the studies conducted
under section 489 of the PHS Act, to conduct a comprehensive
study on policies affecting the next generation of researchers in
the United States: Provided further, That, of the funds from
Institute, Center, and Office of the Director accounts within
‘‘Department of Health and Human Services, National Institutes
of Health,’’ in order to strengthen privacy protections for human
research participants, NIH shall require investigators receiving NIH
funding for new and competing research projects designed to generate and analyze large volumes of data derived from human
research participants to obtain a certificate of confidentiality.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund from the 10-year Pediatric
Research Initiative Fund described in section 9008 of title 26,
United States Code, for the purpose of carrying out section
402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as
authorized in the Gabriella Miller Kids First Research Act.
BUILDINGS AND FACILITIES

For the study of, construction of, renovation of, and acquisition
of equipment for, facilities of or used by NIH, including the acquisition of real property, $128,863,000, to remain available through
September 30, 2020.
SUBSTANCE ABUSE

AND

MENTAL HEALTH SERVICES ADMINISTRATION
MENTAL HEALTH

For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, and the Protection and Advocacy for
Individuals with Mental Illness Act, $1,133,948,000: Provided, That
notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated for carrying out section 520A shall be available for carrying
out section 1971 of the PHS Act: Provided further, That in addition
to amounts provided herein, $21,039,000 shall be available under
section 241 of the PHS Act to carry out subpart I of part B
of title XIX of the PHS Act to fund section 1920(b) technical assistance, national data, data collection and evaluation activities, and

H. R. 2029—368
further that the total available under this Act for section 1920(b)
activities shall not exceed 5 percent of the amounts appropriated
for subpart I of part B of title XIX: Provided further, That section
520E(b)(2) of the PHS Act shall not apply to funds appropriated
in this Act for fiscal year 2016: Provided further, That of the
amount appropriated under this heading, $46,887,000 shall be for
the National Child Traumatic Stress Initiative as described in section 582 of the PHS Act: Provided further, That notwithstanding
section 565(b)(1) of the PHS Act, technical assistance may be provided to a public entity to establish or operate a system of comprehensive community mental health services to children with a
serious emotional disturbance, without regard to whether the public
entity receives a grant under section 561(a) of such Act: Provided
further, That States shall expend at least 10 percent of the amount
each receives for carrying out section 1911 of the PHS Act to
support evidence-based programs that address the needs of individuals with early serious mental illness, including psychotic disorders,
regardless of the age of the individual at onset: Provided further,
That none of the funds provided for section 1911 of the PHS
Act shall be subject to section 241 of such Act: Provided further,
That of the funds made available under this heading, $15,000,000
shall be to carry out section 224 of the Protecting Access to Medicare
Act of 2014 (Public Law 113–93; 42 U.S.C. 290aa 22 note).
SUBSTANCE ABUSE TREATMENT

For carrying out titles III, V, and XIX of the PHS Act with
respect to substance abuse treatment and section 1922(a) of the
PHS Act with respect to substance abuse prevention,
$2,114,224,000: Provided, That in addition to amounts provided
herein, the following amounts shall be available under section 241
of the PHS Act: (1) $79,200,000 to carry out subpart II of part
B of title XIX of the PHS Act to fund section 1935(b) technical
assistance, national data, data collection and evaluation activities,
and further that the total available under this Act for section
1935(b) activities shall not exceed 5 percent of the amounts appropriated for subpart II of part B of title XIX; and (2) $2,000,000
to evaluate substance abuse treatment programs: Provided further,
That none of the funds provided for section 1921 of the PHS
Act shall be subject to section 241 of such Act.
SUBSTANCE ABUSE PREVENTION

For carrying out titles III and V of the PHS Act with respect
to substance abuse prevention, $211,219,000.
HEALTH SURVEILLANCE AND PROGRAM SUPPORT

For program support and cross-cutting activities that supplement activities funded under the headings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’ in
carrying out titles III, V, and XIX of the PHS Act and the Protection
and Advocacy for Individuals with Mental Illness Act in the Substance Abuse and Mental Health Services Administration,
$174,878,000: Provided, That in addition to amounts provided
herein, $31,428,000 shall be available under section 241 of the
PHS Act to supplement funds available to carry out national surveys
on drug abuse and mental health, to collect and analyze program

H. R. 2029—369
data, and to conduct public awareness and technical assistance
activities: Provided further, That, in addition, fees may be collected
for the costs of publications, data, data tabulations, and data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to
this appropriation and shall remain available until expended for
such purposes: Provided further, That amounts made available in
this Act for carrying out section 501(m) of the PHS Act shall
remain available through September 30, 2017: Provided further,
That funds made available under this heading may be used to
supplement program support funding provided under the headings
‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance
Abuse Prevention’’.
AGENCY

FOR

HEALTHCARE RESEARCH

AND

QUALITY

HEALTHCARE RESEARCH AND QUALITY

For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, $334,000,000: Provided, That section 947(c) of the PHS
Act shall not apply in fiscal year 2016: Provided further, That
in addition, amounts received from Freedom of Information Act
fees, reimbursable and interagency agreements, and the sale of
data shall be credited to this appropriation and shall remain available until September 30, 2017.
CENTERS

FOR

MEDICARE

AND

MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $243,545,410,000, to remain available until expended.
For making, after May 31, 2016, payments to States under
title XIX or in the case of section 1928 on behalf of States under
title XIX of the Social Security Act for the last quarter of fiscal
year 2016 for unanticipated costs incurred for the current fiscal
year, such sums as may be necessary.
For making payments to States or in the case of section 1928
on behalf of States under title XIX of the Social Security Act
for the first quarter of fiscal year 2017, $115,582,502,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect during
such quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund,
as provided under sections 217(g), 1844, and 1860D–16 of the Social
Security Act, sections 103(c) and 111(d) of the Social Security
Amendments of 1965, section 278(d)(3) of Public Law 97–248, and
for administrative expenses incurred pursuant to section 201(g)
of the Social Security Act, $283,171,800,000.

H. R. 2029—370
In addition, for making matching payments under section 1844
and benefit payments under section 1860D–16 of the Social Security
Act that were not anticipated in budget estimates, such sums as
may be necessary.
PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII
of the PHS Act, the Clinical Laboratory Improvement Amendments
of 1988, and other responsibilities of the Centers for Medicare
and Medicaid Services, not to exceed $3,669,744,000, to be transferred from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act; together with
all funds collected in accordance with section 353 of the PHS
Act and section 1857(e)(2) of the Social Security Act, funds retained
by the Secretary pursuant to section 302 of the Tax Relief and
Health Care Act of 2006; and such sums as may be collected
from authorized user fees and the sale of data, which shall be
credited to this account and remain available until September 30,
2021: Provided, That all funds derived in accordance with 31 U.S.C.
9701 from organizations established under title XIII of the PHS
Act shall be credited to and available for carrying out the purposes
of this appropriation: Provided further, That the Secretary is
directed to collect fees in fiscal year 2016 from Medicare Advantage
organizations pursuant to section 1857(e)(2) of the Social Security
Act and from eligible organizations with risk-sharing contracts
under section 1876 of that Act pursuant to section 1876(k)(4)(D)
of that Act.
HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

In addition to amounts otherwise available for program integrity and program management, $681,000,000, to remain available
through September 30, 2017, to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, as authorized by section 201(g)
of the Social Security Act, of which $486,120,000 shall be for the
Medicare Integrity Program at the Centers for Medicare and Medicaid Services, including administrative costs, to conduct oversight
activities for Medicare Advantage under Part C and the Medicare
Prescription Drug Program under Part D of the Social Security
Act and for activities described in section 1893(b) of such Act,
of which $67,200,000 shall be for the Department of Health and
Human Services Office of Inspector General to carry out fraud
and abuse activities authorized by section 1817(k)(3) of such Act,
of which $67,200,000 shall be for the Medicaid and Children’s
Health Insurance Program (‘‘CHIP’’) program integrity activities,
and of which $60,480,000 shall be for the Department of Justice
to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2016 shall
include measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs
for the funds provided by this appropriation: Provided further,
That of the amount provided under this heading, $311,000,000
is provided to meet the terms of section 251(b)(2)(C)(ii) of the

H. R. 2029—371
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, and $370,000,000 is additional new budget authority
specified for purposes of section 251(b)(2)(C) of such Act: Provided
further, That the Secretary shall support the full cost of the Senior
Medicare Patrol program to combat health care fraud and abuse
from the funds provided to this account.
ADMINISTRATION

FOR

CHILDREN

AND

FAMILIES

PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND
FAMILY SUPPORT PROGRAMS

For carrying out, except as otherwise provided, titles I, IV–
D, X, XI, XIV, and XVI of the Social Security Act and the Act
of July 5, 1960, $2,944,906,000, to remain available until expended;
and for such purposes for the first quarter of fiscal year 2017,
$1,300,000,000, to remain available until expended.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960, for the last 3
months of the current fiscal year for unanticipated costs, incurred
for the current fiscal year, such sums as may be necessary.
LOW INCOME HOME ENERGY ASSISTANCE

For making payments under subsections (b) and (d) of section
2602 of the Low Income Home Energy Assistance Act of 1981,
$3,390,304,000: Provided, That all but $491,000,000 of this amount
shall be allocated as though the total appropriation for such payments for fiscal year 2016 was less than $1,975,000,000: Provided
further, That notwithstanding section 2609A(a), of the amounts
appropriated under section 2602(b), not more than $2,988,000 of
such amounts may be reserved by the Secretary for technical assistance, training, and monitoring of program activities for compliance
with internal controls, policies and procedures and may, in addition
to the authorities provided in section 2609A(a)(1), use such funds
through contracts with private entities that do not qualify as nonprofit organizations.
REFUGEE AND ENTRANT ASSISTANCE

For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance
Act of 1980, and for carrying out section 462 of the Homeland
Security Act of 2002, section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, the Trafficking Victims Protection Act of 2000 (‘‘TVPA’’), section 203 of
the Trafficking Victims Protection Reauthorization Act of 2005,
and the Torture Victims Relief Act of 1998, $1,674,691,000, of
which $1,645,201,000 shall remain available through September
30, 2018 for carrying out such sections 414, 501, 462, and 235:
Provided, That amounts available under this heading to carry out
such section 203 and the TVPA shall also be available for research
and evaluation with respect to activities under those authorities:
Provided further, That the limitation in section 205 of this Act
regarding transfers increasing any appropriation shall apply to

H. R. 2029—372
transfers to appropriations under this heading by substituting ‘‘10
percent’’ for ‘‘3 percent’’.
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT
BLOCK GRANT

For carrying out the Child Care and Development Block Grant
Act of 2014 (‘‘CCDBG Act’’), $2,761,000,000 shall be used to supplement, not supplant State general revenue funds for child care
assistance for low-income families: Provided, That, in addition to
the amounts required to be reserved by the States under section
658G of the CCDBG Act, $127,206,000 shall be for activities that
improve the quality of infant and toddler care: Provided further,
That technical assistance under section 658I(a)(3) of such Act may
be provided directly, or through the use of contracts, grants,
cooperative agreements, or interagency agreements: Provided further, That all funds made available to carry out section 418 of
the Social Security Act (42 U.S.C. 618), including funds appropriated
for that purpose in such section 418 or any other provision of
law, shall be subject to the reservation of funds authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG Act.
SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry
out State programs pursuant to title XX–A of such Act shall be
10 percent.
CHILDREN AND FAMILIES SERVICES PROGRAMS

For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Child Abuse
Prevention and Treatment Act, sections 303 and 313 of the Family
Violence Prevention and Services Act, the Native American Programs Act of 1974, title II of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (adoption opportunities), part B–1 of title IV and sections 429, 473A, 477(i), 1110,
1114A, and 1115 of the Social Security Act; for making payments
under the Community Services Block Grant Act (‘‘CSBG Act’’),
and the Assets for Independence Act; for necessary administrative
expenses to carry out titles I, IV, V, X, XI, XIV, XVI, and XX–
A of the Social Security Act, the Act of July 5, 1960, the Low
Income Home Energy Assistance Act of 1981, title IV of the
Immigration and Nationality Act, and section 501 of the Refugee
Education Assistance Act of 1980; and for the administration of
prior year obligations made by the Administration for Children
and Families under the Developmental Disabilities Assistance and
Bill of Rights Act and the Help America Vote Act of 2002,
$10,984,268,000, of which $37,943,000, to remain available through
September 30, 2017, shall be for grants to States for adoption
and legal guardianship incentive payments, as defined by section
473A of the Social Security Act and may be made for adoptions
completed before September 30, 2016: Provided, That
$9,168,095,000 shall be for making payments under the Head Start
Act: Provided further, That of the amount in the previous proviso,

H. R. 2029—373
$8,214,095,000 shall be available for payments under section 640
of the Head Start Act, of which $141,000,000 shall be available
for a cost of living adjustment notwithstanding section 640(a)(3)(A)
of such Act: Provided further, That notwithstanding such section
640, of the amount in the second preceding proviso, $294,000,000
(of which up to one percent may be reserved for research and
evaluation) shall be available through December 31, 2016 for award
by the Secretary to grantees that apply for supplemental funding
to increase their hours of program operations and for training
and technical assistance for such activities: Provided further, That
of the amount provided for making payments under the Head
Start Act, $25,000,000 shall be available for allocation by the Secretary to supplement activities described in paragraphs (7)(B) and
(9) of section 641(c) of such Act under the Designation Renewal
System, established under the authority of sections 641(c)(7),
645A(b)(12) and 645A(d) of such Act: Provided further, That notwithstanding such section 640, of the amount provided for making
payments under the Head Start Act, and in addition to funds
otherwise available under such section 640 for such purposes,
$635,000,000 shall be available through March 31, 2017 for Early
Head Start programs as described in section 645A of such Act,
for conversion of Head Start services to Early Head Start services
as described in section 645(a)(5)(A) of such Act, for discretionary
grants for high quality infant and toddler care through Early Head
Start-Child Care Partnerships, to entities defined as eligible under
section 645A(d) of such Act, for training and technical assistance
for such activities, and for up to $14,000,000 in Federal costs
of administration and evaluation, and, notwithstanding section
645A(c)(2) of such Act, these funds are available to serve children
under age 4: Provided further, That funds described in the preceding
two provisos shall not be included in the calculation of ‘‘base grant’’
in subsequent fiscal years, as such term is used in section
640(a)(7)(A) of such Act: Provided further, That $751,383,000 shall
be for making payments under the CSBG Act: Provided further,
That $36,733,000 shall be for sections 680 and 678E(b)(2) of the
CSBG Act, of which not less than $29,883,000 shall be for section
680(a)(2) and not less than $6,500,000 shall be for section
680(a)(3)(B) of such Act: Provided further, That to the extent
Community Services Block Grant funds are distributed as grant
funds by a State to an eligible entity as provided under the CSBG
Act, and have not been expended by such entity, they shall remain
with such entity for carryover into the next fiscal year for expenditure by such entity consistent with program purposes: Provided
further, That the Secretary shall establish procedures regarding
the disposition of intangible assets and program income that permit
such assets acquired with, and program income derived from, grant
funds authorized under section 680 of the CSBG Act to become
the sole property of such grantees after a period of not more
than 12 years after the end of the grant period for any activity
consistent with section 680(a)(2)(A) of the CSBG Act: Provided
further, That intangible assets in the form of loans, equity investments and other debt instruments, and program income may be
used by grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That these procedures shall apply to such grant funds made available after
November 29, 1999: Provided further, That funds appropriated for
section 680(a)(2) of the CSBG Act shall be available for financing

H. R. 2029—374
construction and rehabilitation and loans or investments in private
business enterprises owned by community development corporations: Provided further, That the Secretary shall issue performance
standards for nonprofit organizations receiving funds from State
and territorial grantees under the CSBG Act, and such States
and territories shall assure the implementation of such standards
prior to September 30, 2016, and include information on such
implementation in the report required by section 678E(2) of such
Act: Provided further, That, to the extent funds for the Assets
for Independence (AFI) Act provided in this Act are distributed
as grant funds to a qualified entity and have not been expended
by such entity within 3 years after the date of the award, such
funds may be recaptured and, during the fiscal year of such recapture, reallocated among other qualified entities, to remain available
to such entities for 5 years: Provided further, That $1,864,000
shall be for a human services case management system for federally
declared disasters, to include a comprehensive national case
management contract and Federal costs of administering the
system: Provided further, That up to $2,000,000 shall be for
improving the Public Assistance Reporting Information System,
including grants to States to support data collection for a study
of the system’s effectiveness.
PROMOTING SAFE AND STABLE FAMILIES

For carrying out, except as otherwise provided, section 436
of the Social Security Act, $345,000,000 and, for carrying out,
except as otherwise provided, section 437 of such Act, $59,765,000.
PAYMENTS FOR FOSTER CARE AND PERMANENCY

For carrying out, except as otherwise provided, title IV–E of
the Social Security Act, $5,298,000,000.
For carrying out, except as otherwise provided, title IV–E of
the Social Security Act, for the first quarter of fiscal year 2017,
$2,300,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, section 474 of title IV–E of the Social Security Act, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
ADMINISTRATION

FOR

COMMUNITY LIVING

AGING AND DISABILITY SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (‘‘OAA’’), titles III and XXIX of the
PHS Act, sections 1252 and 1253 of the PHS Act, section 119
of the Medicare Improvements for Patients and Providers Act of
2008, title XX–B of the Social Security Act, the Developmental
Disabilities Assistance and Bill of Rights Act, parts 2 and 5 of
subtitle D of title II of the Help America Vote Act of 2002, the
Assistive Technology Act of 1998, titles II and VII (and section
14 with respect to such titles) of the Rehabilitation Act of 1973,

H. R. 2029—375
and for Department-wide coordination of policy and program activities that assist individuals with disabilities, $1,912,735,000,
together with $52,115,000 to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund to carry out section 4360 of the Omnibus
Budget Reconciliation Act of 1990: Provided, That amounts appropriated under this heading may be used for grants to States under
section 361 of the OAA only for disease prevention and health
promotion programs and activities which have been demonstrated
through rigorous evaluation to be evidence-based and effective:
Provided further, That notwithstanding any other provision of this
Act, funds made available under this heading to carry out section
311 of the OAA may be transferred to the Secretary of Agriculture
in accordance with such section: Provided further, That $2,000,000
shall be for competitive grants to support alternative financing
programs that provide for the purchase of assistive technology
devices, such as a low-interest loan fund; an interest buy-down
program; a revolving loan fund; a loan guarantee; or an insurance
program: Provided further, That applicants shall provide an assurance that, and information describing the manner in which, the
alternative financing program will expand and emphasize consumer
choice and control: Provided further, That State agencies and
community-based disability organizations that are directed by and
operated for individuals with disabilities shall be eligible to compete:
Provided further, That in addition, the unobligated balance of
amounts previously made available for the Health Resources and
Services Administration to carry out functions under sections 1252
and 1253 of the PHS Act shall be transferred to this account,
except for such sums as may be necessary to provide for an orderly
transition of such functions to the Administration for Community
Living: Provided further, That none of the funds made available
under this heading may be used by an eligible system (as defined
in section 102 of the Protection and Advocacy for Individuals with
Mental Illness Act (42 U.S.C. 10802)) to continue to pursue any
legal action in a Federal or State court on behalf of an individual
or group of individuals with a developmental disability (as defined
in section 102(8)(A) of the Developmental Disabilities and Assistance and Bill of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that
is attributable to a mental impairment (or a combination of mental
and physical impairments), that has as the requested remedy the
closure of State operated intermediate care facilities for people
with intellectual or developmental disabilities, unless reasonable
public notice of the action has been provided to such individuals
(or, in the case of mental incapacitation, the legal guardians who
have been specifically awarded authority by the courts to make
healthcare and residential decisions on behalf of such individuals)
who are affected by such action, within 90 days of instituting
such legal action, which informs such individuals (or such legal
guardians) of their legal rights and how to exercise such rights
consistent with current Federal Rules of Civil Procedure: Provided
further, That the limitations in the immediately preceding proviso
shall not apply in the case of an individual who is neither competent
to consent nor has a legal guardian, nor shall the proviso apply
in the case of individuals who are a ward of the State or subject
to public guardianship.

H. R. 2029—376
OFFICE

OF THE

SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section
229 of the PHS Act, the United States-Mexico Border Health
Commission Act, and research studies under section 1110 of the
Social Security Act, $456,009,000, together with $64,828,000 from
the amounts available under section 241 of the PHS Act to carry
out national health or human services research and evaluation
activities: Provided, That of this amount, $53,900,000 shall be for
minority AIDS prevention and treatment activities: Provided further, That of the funds made available under this heading,
$101,000,000 shall be for making competitive contracts and grants
to public and private entities to fund medically accurate and age
appropriate programs that reduce teen pregnancy and for the Federal costs associated with administering and evaluating such contracts and grants, of which not more than 10 percent of the available
funds shall be for training and technical assistance, evaluation,
outreach, and additional program support activities, and of the
remaining amount 75 percent shall be for replicating programs
that have been proven effective through rigorous evaluation to
reduce teenage pregnancy, behavioral risk factors underlying teenage pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to develop,
replicate, refine, and test additional models and innovative strategies for preventing teenage pregnancy: Provided further, That of
the amounts provided under this heading from amounts available
under section 241 of the PHS Act, $6,800,000 shall be available
to carry out evaluations (including longitudinal evaluations) of teenage pregnancy prevention approaches: Provided further, That of
the funds made available under this heading, $10,000,000 shall
be for making competitive grants which exclusively implement education in sexual risk avoidance (defined as voluntarily refraining
from non-marital sexual activity): Provided further, That funding
for such competitive grants for sexual risk avoidance shall use
medically accurate information referenced to peer-reviewed publications by educational, scientific, governmental, or health organizations; implement an evidence-based approach integrating research
findings with practical implementation that aligns with the needs
and desired outcomes for the intended audience; and teach the
benefits associated with self-regulation, success sequencing for poverty prevention, healthy relationships, goal setting, and resisting
sexual coercion, dating violence, and other youth risk behaviors
such as underage drinking or illicit drug use without normalizing
teen sexual activity: Provided further, That no more than 10 percent
of the funding for such competitive grants for sexual risk avoidance
shall be available for technical assistance and administrative costs
of such programs: Provided further, That funds provided in this
Act for embryo adoption activities may be used to provide to individuals adopting embryos, through grants and other mechanisms, medical and administrative services deemed necessary for such adoptions: Provided further, That such services shall be provided consistent with 42 CFR 59.5(a)(4).

H. R. 2029—377
OFFICE OF MEDICARE HEARINGS AND APPEALS

For expenses necessary for the Office of Medicare Hearings
and Appeals, $107,381,000, to be transferred in appropriate part
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION
TECHNOLOGY

For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and
advancement of interoperable health information technology,
$60,367,000.
OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations,
in carrying out the provisions of the Inspector General Act of
1978, $75,000,000: Provided, That of such amount, necessary sums
shall be available for providing protective services to the Secretary
and investigating non-payment of child support cases for which
non-payment is a Federal offense under 18 U.S.C. 228.
OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights,
$38,798,000.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED
OFFICERS

For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for payments
under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired
personnel under the Dependents’ Medical Care Act, such amounts
as may be required during the current fiscal year.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $950,958,000, of which $511,700,000 shall
remain available through September 30, 2017, for expenses necessary to support advanced research and development pursuant
to section 319L of the PHS Act and other administrative expenses
of the Biomedical Advanced Research and Development Authority:
Provided, That funds provided under this heading for the purpose
of acquisition of security countermeasures shall be in addition to
any other funds available for such purpose: Provided further, That
products purchased with funds provided under this heading may,
at the discretion of the Secretary, be deposited in the Strategic
National Stockpile pursuant to section 319F–2 of the PHS Act:
Provided further, That $5,000,000 of the amounts made available

H. R. 2029—378
to support emergency operations shall remain available through
September 30, 2018.
For expenses necessary for procuring security countermeasures
(as defined in section 319F–2(c)(1)(B) of the PHS Act), $510,000,000,
to remain available until expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $72,000,000; of which
$40,000,000 shall be available until expended, for activities
including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools:
Provided, That notwithstanding section 496(b) of the PHS Act,
funds may be used for the construction or renovation of privately
owned facilities for the production of pandemic influenza vaccines
and other biologics, if the Secretary finds such construction or
renovation necessary to secure sufficient supplies of such vaccines
or biologics.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be available
for not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
SEC. 202. None of the funds appropriated in this title shall
be used to pay the salary of an individual, through a grant or
other extramural mechanism, at a rate in excess of Executive Level
II.
SEC. 203. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except for
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the
preparation and submission of a report by the Secretary to the
Committees on Appropriations of the House of Representatives and
the Senate detailing the planned uses of such funds.
SEC. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized
under such Act shall be made available for the evaluation (directly,
or by grants or contracts) and the implementation and effectiveness
of programs funded in this title.
(TRANSFER OF FUNDS)

SEC. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for HHS in this Act may be transferred between appropriations,
but no such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority granted
by this section shall not be used to create any new program or
to fund any project or activity for which no funds are provided
in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
SEC. 206. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur
up to 60 days after the execution of a contract awarded in fiscal
year 2016 under section 338B of such Act.

H. R. 2029—379
SEC. 207. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary that
it encourages family participation in the decision of minors to
seek family planning services and that it provides counseling to
minors on how to resist attempts to coerce minors into engaging
in sexual activities.
SEC. 208. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt
from any State law requiring notification or the reporting of child
abuse, child molestation, sexual abuse, rape, or incest.
SEC. 209. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out
the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity (including
a Provider Sponsored Organization) because the entity informs
the Secretary that it will not provide, pay for, provide coverage
of, or provide referrals for abortions: Provided, That the Secretary
shall make appropriate prospective adjustments to the capitation
payment to such an entity (based on an actuarially sound estimate
of the expected costs of providing the service to such entity’s
enrollees): Provided further, That nothing in this section shall be
construed to change the Medicare program’s coverage for such services and a Medicare Advantage organization described in this section shall be responsible for informing enrollees where to obtain
information about all Medicare covered services.
SEC. 210. None of the funds made available in this title may
be used, in whole or in part, to advocate or promote gun control.
SEC. 211. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service
to assist in child survival activities and to work in AIDS programs
through and with funds provided by the Agency for International
Development, the United Nations International Children’s Emergency Fund or the World Health Organization.
SEC. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad
during fiscal year 2016:
(1) The Secretary may exercise authority equivalent to
that available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this section
is exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may
be necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The Secretary is authorized, in consultation with the Secretary
of State, through grant or cooperative agreement, to make

H. R. 2029—380
available to public or nonprofit private institutions or agencies
in participating foreign countries, funds to acquire, lease, alter,
or renovate facilities in those countries as necessary to conduct
programs of assistance for international health activities,
including activities relating to HIV/AIDS and other infectious
diseases, chronic and environmental diseases, and other health
activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed
by the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such personnel under section 5304 of title 5, United States Code if
such personnel’s official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter
I of chapter 63 of title 5, United States Code, or section 903
of the Foreign Service Act of 1980, to individuals serving in
the Foreign Service.
(TRANSFER OF FUNDS)

SEC. 213. The Director of the NIH, jointly with the Director
of the Office of AIDS Research, may transfer up to 3 percent
among institutes and centers from the total amounts identified
by these two Directors as funding for research pertaining to the
human immunodeficiency virus: Provided, That the Committees
on Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer.
(TRANSFER OF FUNDS)

SEC. 214. Of the amounts made available in this Act for NIH,
the amount for research related to the human immunodeficiency
virus, as jointly determined by the Director of NIH and the Director
of the Office of AIDS Research, shall be made available to the
‘‘Office of AIDS Research’’ account. The Director of the Office of
AIDS Research shall transfer from such account amounts necessary
to carry out section 2353(d)(3) of the PHS Act.
SEC. 215. (a) AUTHORITY.—Notwithstanding any other provision
of law, the Director of NIH (‘‘Director’’) may use funds available
under section 402(b)(7) or 402(b)(12) of the PHS Act to enter into
transactions (other than contracts, cooperative agreements, or
grants) to carry out research identified pursuant to such section
402(b)(7) (pertaining to the Common Fund) or research and activities described in such section 402(b)(12).
(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director may utilize such peer review procedures
(including consultation with appropriate scientific experts) as the
Director determines to be appropriate to obtain assessments of
scientific and technical merit. Such procedures shall apply to such
transactions in lieu of the peer review and advisory council review
procedures that would otherwise be required under sections

H. R. 2029—381
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the
PHS Act.
SEC. 216. Not to exceed $45,000,000 of funds appropriated
by this Act to the institutes and centers of the National Institutes
of Health may be used for alteration, repair, or improvement of
facilities, as necessary for the proper and efficient conduct of the
activities authorized herein, at not to exceed $3,500,000 per project.
(TRANSFER OF FUNDS)

SEC. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service Awards
(‘‘NRSA’’) shall be made available to the Administrator of the Health
Resources and Services Administration to make NRSA awards for
research in primary medical care to individuals affiliated with
entities who have received grants or contracts under sections 736,
739, or 747 of the PHS Act, and 1 percent of the amount made
available for NRSA shall be made available to the Director of
the Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
SEC. 218. In addition to amounts provided herein, payments
made for research organisms or substances, authorized under section 301(a) of the PHS Act, shall be retained and credited to
the appropriations accounts of the Institutes and Centers of the
NIH making the substance or organism available under section
301(a). Amounts credited to the account under this authority shall
be available for obligation through September 30, 2017.
SEC. 219. (a) The Biomedical Advanced Research and Development Authority (‘‘BARDA’’) may enter into a contract, for more
than one but no more than 10 program years, for purchase of
research services or of security countermeasures, as that term is
defined in section 319F–2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–
6b(c)(1)(B)), if—
(1) funds are available and obligated—
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy
in administration, performance, and operation of BARDA’s programs.
(b) A contract entered into under this section—
(1) shall include a termination clause as described by subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
SEC. 220. (a) The Secretary shall establish a publicly accessible
Web site to provide information regarding the uses of funds made
available under section 4002 of the Patient Protection and Affordable Care Act of 2010 (‘‘ACA’’).
(b) With respect to funds provided under section 4002 of the
ACA, the Secretary shall include on the Web site established under
subsection (a) at a minimum the following information:

H. R. 2029—382
(1) In the case of each transfer of funds under section
4002(c), a statement indicating the program or activity receiving
funds, the operating division or office that will administer the
funds, and the planned uses of the funds, to be posted not
later than the day after the transfer is made.
(2) Identification (along with a link to the full text) of
each funding opportunity announcement, request for proposals,
or other announcement or solicitation of proposals for grants,
cooperative agreements, or contracts intended to be awarded
using such funds, to be posted not later than the day after
the announcement or solicitation is issued.
(3) Identification of each grant, cooperative agreement, or
contract with a value of $25,000 or more awarded using such
funds, including the purpose of the award and the identity
of the recipient, to be posted not later than 5 days after the
award is made.
(4) A report detailing the uses of all funds transferred
under section 4002(c) during the fiscal year, to be posted not
later than 90 days after the end of the fiscal year.
(c) With respect to awards made in fiscal years 2013 through
2016, the Secretary shall also include on the Web site established
under subsection (a), semi-annual reports from each entity awarded
a grant, cooperative agreement, or contract from such funds with
a value of $25,000 or more, summarizing the activities undertaken
and identifying any sub-grants or sub-contracts awarded (including
the purpose of the award and the identity of the recipient), to
be posted not later than 30 days after the end of each 6-month
period.
(d) In carrying out this section, the Secretary shall—
(1) present the information required in subsection (b)(1)
on a single webpage or on a single database;
(2) ensure that all information required in this section
is directly accessible from the single webpage or database;
and
(3) ensure that all information required in this section
is able to be organized by program or State.
(TRANSFER OF FUNDS)

SEC. 221. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002
of the ACA to the accounts specified, in the amounts specified,
and for the activities specified under the heading ‘‘Prevention and
Public Health Fund’’ in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary
may not further transfer these amounts.
(c) Funds transferred for activities authorized under section
2821 of the PHS Act shall be made available without reference
to section 2821(b) of such Act.
SEC. 222. (a) The Secretary shall publish in the fiscal year
2017 budget justification and on Departmental Web sites information concerning the employment of full-time equivalent Federal
employees or contractors for the purposes of implementing, administering, enforcing, or otherwise carrying out the provisions of the

H. R. 2029—383
ACA, and the amendments made by that Act, in the proposed
fiscal year and each fiscal year since the enactment of the ACA.
(b) With respect to employees or contractors supported by all
funds appropriated for purposes of carrying out the ACA (and
the amendments made by that Act), the Secretary shall include,
at a minimum, the following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating
the program, project, or activity receiving such funds, the Federal operating division or office that administers such program,
and the amount of funding received in discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who—
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior
to the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
SEC. 223. The Secretary shall publish, as part of the fiscal
year 2017 budget of the President submitted under section 1105(a)
of title 31, United States Code, information that details the uses
of all funds used by the Centers for Medicare and Medicaid Services
specifically for Health Insurance Exchanges for each fiscal year
since the enactment of the ACA and the proposed uses for such
funds for fiscal year 2017. Such information shall include, for each
such fiscal year, the amount of funds used for each activity specified
under the heading ‘‘Health Insurance Exchange Transparency’’ in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
SEC. 224. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the
Exchanges established under the Patient Protection and Affordable Care Act of 2010 pertaining to enrollments during the
open enrollment period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) The Committees on Appropriations of the House and Senate
must be notified at least 2 business days in advance of any public
release of enrollment information or the award of such grants.
SEC. 225. None of the funds made available by this Act from
the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund, or transferred from other
accounts funded by this Act to the ‘‘Centers for Medicare and
Medicaid Services—Program Management’’ account, may be used
for payments under section 1342(b)(1) of Public Law 111–148
(relating to risk corridors).

H. R. 2029—384
SEC. 226. In addition to the amounts otherwise available for
‘‘Centers for Medicare and Medicaid Services, Program Management’’, the Secretary of Health and Human Services may transfer
up to $305,000,000 to such account from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund to support program management activity
related to the Medicare Program: Provided, That except for the
foregoing purpose, such funds may not be used to support any
provision of Public Law 111–148 or Public Law 111–152 (or any
amendment made by either such Public Law) or to supplant any
other amounts within such account.
(RESCISSION)

SEC. 227. The following unobligated balances of amounts appropriated prior to fiscal year 2007 for ‘‘Department of Health and
Human Services, Health Resources and Services Administration’’
are hereby permanently rescinded:
(1) $281,003 appropriated to carry out section 1610(b) of
the PHS Act;
(2) $3,611 appropriated to carry out section 1602(c) of the
PHS Act;
(3) $105,576 appropriated in section 167 of division H of
Public Law 108–199; and
(4) $55,793 appropriated to carry out the National Cord
Blood Stem Cell Bank Program.
SEC. 228. The Secretary shall include in the fiscal year 2017
budget justification an analysis of how section 2713 of the PHS
Act will impact eligibility for discretionary HHS programs.
SEC. 229. Effective during the period beginning on November
1, 2015 and ending January 1, 2018, any provision of law that
refers (including through cross-reference to another provision of
law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening,
mammography, and prevention shall be administered by the Secretary involved as if—
(1) such reference to such current recommendations were
a reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and prevention last issued before 2009; and
(2) such recommendations last issued before 2009 applied
to any screening mammography modality under section 1861(jj)
of the Social Security Act (42 U.S.C. 1395x(jj)).
(TRANSFER OF FUNDS)

SEC. 230. (a) IN GENERAL.—Subject to the succeeding provisions
of this section, activities authorized under part A of title IV and
section 1108(b) of the Social Security Act shall continue through
September 30, 2016, in the manner authorized for fiscal year 2015,
and out of any money in the Treasury of the United States not
otherwise appropriated, there are hereby appropriated such sums
as may be necessary for such purpose. Grants and payments may
be made pursuant to this authority through September 30, 2016
at the level provided for such activities for fiscal year 2015, except
as provided in subsection (b).

H. R. 2029—385
(b) CONTINGENCY FUND.—In the case of the Contingency Fund
for State Welfare Programs established under section 403(b) of
the Social Security Act—
(1) the amount appropriated for such section 403(b) shall
be $608,000,000 for each of fiscal years 2016 and 2017, notwithstanding section 228(b)(1) of the Department of Health and
Human Services Appropriations Act, 2015;
(2) the requirement to reserve funds provided for in section
403(b)(2) of the Social Security Act shall not apply during
fiscal years 2016 and 2017; and
(3) grants and payments may only be made from such
Fund for fiscal year 2016 after the application of subsection
(c).
(c) CENSUS RESEARCH AND WELFARE RESEARCH.—Of the
amount made available under subsection (b)(1) for section 403(b)
of the Social Security Act for fiscal year 2016—
(1) $15,000,000 is hereby transferred to the Children’s
Research and Technical Assistance account in the Administration for Children and Families at the Department of Health
and Human Services and made available to carry out section
413(h) of the Social Security Act; and
(2) $10,000,000 is hereby transferred and made available
to the Bureau of the Census to conduct activities using the
Survey of Income and Program Participation to obtain information to enable interested parties to evaluate the impact of
the amendments made by title I of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996.
SEC. 231. Section 1886(m)(6) of the Social Security Act (42
U.S.C. 1395ww(m)(6)) is amended—
(1) in subparagraph (A)(i) by striking ‘‘subparagraph (C)’’
and inserting ‘‘subparagraphs (C) and (E)’’; and
(2) by adding at the end the following new subparagraph:
‘‘(E) TEMPORARY EXCEPTION FOR CERTAIN SEVERE
WOUND DISCHARGES FROM CERTAIN LONG-TERM CARE HOSPITALS.—
‘‘(i) IN GENERAL.—In the case of a discharge occurring prior to January 1, 2017, subparagraph (A)(i) shall
not apply (and payment shall be made to a long-term
care hospital without regard to this paragraph) if such
discharge—
‘‘(I) is from a long-term care hospital that is—
‘‘(aa) identified by the amendment made
by section 4417(a) of the Balanced Budget Act
of 1997 (42 U.S.C. 1395ww note, Public Law
105–33); and
‘‘(bb) located in a rural area (as defined
in subsection (d)(2)(D)) or treated as being
so located pursuant to subsection (d)(8)(E); and
‘‘(II) the individual discharged has a severe
wound.
‘‘(ii) SEVERE WOUND DEFINED.—In this subparagraph, the term ‘severe wound’ means a stage 3 wound,
stage 4 wound, unstageable wound, non-healing surgical wound, infected wound, fistula, osteomyelitis, or
wound with morbid obesity, as identified in the claim
from the long-term care hospital.’’.

H. R. 2029—386
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 2016’’.
TITLE III
DEPARTMENT OF EDUCATION
EDUCATION

FOR THE

DISADVANTAGED

For carrying out title I of the Elementary and Secondary Education Act of 1965 (referred to in this Act as ‘‘ESEA’’) and section
418A of the Higher Education Act of 1965 (referred to in this
Act as ‘‘HEA’’), $16,016,790,000, of which $5,127,006,000 shall
become available on July 1, 2016, and shall remain available
through September 30, 2017, and of which $10,841,177,000 shall
become available on October 1, 2016, and shall remain available
through September 30, 2017, for academic year 2016–2017: Provided, That $6,459,401,000 shall be for basic grants under section
1124 of the ESEA: Provided further, That up to $3,984,000 of
these funds shall be available to the Secretary of Education (referred
to in this title as ‘‘Secretary’’) on October 1, 2015, to obtain annually
updated local educational agency-level census poverty data from
the Bureau of the Census: Provided further, That $1,362,301,000
shall be for concentration grants under section 1124A of the ESEA:
Provided further, That $3,544,050,000 shall be for targeted grants
under section 1125 of the ESEA: Provided further, That
$3,544,050,000 shall be for education finance incentive grants under
section 1125A of the ESEA: Provided further, That funds available
under sections 1124, 1124A, 1125 and 1125A of the ESEA may
be used to provide homeless children and youths with services
not ordinarily provided to other students under those sections,
including supporting the liaison designated pursuant to section
722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act,
and providing transportation pursuant to section 722(g)(1)(J)(iii)
of such Act: Provided further, That $450,000,000 shall be available
for school improvement grants under section 1003(g) of the ESEA,
which shall be allocated by the Secretary through the formula
described in section 1003(g)(2) and shall be used consistent with
the requirements of section 1003(g), except that State and local
educational agencies may use such funds to serve any school eligible
to receive assistance under part A of title I that has not made
adequate yearly progress for at least 2 years or is in the State’s
lowest quintile of performance based on proficiency rates and, in
the case of secondary schools, priority shall be given to those schools
with graduation rates below 60 percent: Provided further, That
notwithstanding section 1003(g)(5)(C) of the ESEA, the Secretary
may permit a State educational agency to establish an award period
of up to 5 years for each participating local educational agency:
Provided further, That funds available for school improvement
grants for fiscal year 2014 and thereafter may be used by a local
educational agency to implement a whole-school reform strategy
for a school using an evidence-based strategy that ensures wholeschool reform is undertaken in partnership with a strategy developer offering a whole-school reform program that is based on at
least a moderate level of evidence that the program will have
a statistically significant effect on student outcomes, including at
least one well-designed and well-implemented experimental or

H. R. 2029—387
quasi-experimental study: Provided further, That funds available
for school improvement grants may be used by a local educational
agency to implement an alternative State-determined school
improvement strategy that has been established by a State educational agency with the approval of the Secretary: Provided further,
That a local educational agency that is determined to be eligible
for services under subpart 1 or 2 of part B of title VI of the
ESEA may modify not more than one element of a school improvement grant model: Provided further, That notwithstanding section
1003(g)(5)(A), each State educational agency may establish a maximum subgrant size of not more than $2,000,000 for each participating school applicable to such funds: Provided further, That the
Secretary may reserve up to 5 percent of the funds available for
section 1003(g) of the ESEA to carry out activities to build State
and local educational agency capacity to implement effectively the
school improvement grants program: Provided further, That
$190,000,000 shall be available under section 1502 of the ESEA
for a comprehensive literacy development and education program
to advance literacy skills, including pre-literacy skills, reading, and
writing, for students from birth through grade 12, including limitedEnglish-proficient students and students with disabilities, of which
one-half of 1 percent shall be reserved for the Secretary of the
Interior for such a program at schools funded by the Bureau of
Indian Education, one-half of 1 percent shall be reserved for grants
to the outlying areas for such a program, up to 5 percent may
be reserved for national activities, and the remainder shall be
used to award competitive grants to State educational agencies
for such a program, of which a State educational agency may
reserve up to 5 percent for State leadership activities, including
technical assistance and training, data collection, reporting, and
administration, and shall subgrant not less than 95 percent to
local educational agencies or, in the case of early literacy, to local
educational agencies or other nonprofit providers of early childhood
education that partner with a public or private nonprofit organization or agency with a demonstrated record of effectiveness in
improving the early literacy development of children from birth
through kindergarten entry and in providing professional development in early literacy, giving priority to such agencies or other
entities serving greater numbers or percentages of disadvantaged
children: Provided further, That the State educational agency shall
ensure that at least 15 percent of the subgranted funds are used
to serve children from birth through age 5, 40 percent are used
to serve students in kindergarten through grade 5, and 40 percent
are used to serve students in middle and high school including
an equitable distribution of funds between middle and high schools:
Provided further, That eligible entities receiving subgrants from
State educational agencies shall use such funds for services and
activities that have the characteristics of effective literacy instruction through professional development, screening and assessment,
targeted interventions for students reading below grade level and
other research-based methods of improving classroom instruction
and practice: Provided further, That $44,623,000 shall be for carrying out section 418A of the HEA.

H. R. 2029—388
IMPACT AID
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the ESEA,
$1,305,603,000, of which $1,168,233,000 shall be for basic support
payments under section 8003(b), $48,316,000 shall be for payments
for children with disabilities under section 8003(d), $17,406,000
shall be for construction under section 8007(a), $66,813,000 shall
be for Federal property payments under section 8002, and
$4,835,000, to remain available until expended, shall be for facilities
maintenance under section 8008: Provided, That for purposes of
computing the amount of a payment for an eligible local educational
agency under section 8003(a) for school year 2015–2016, children
enrolled in a school of such agency that would otherwise be eligible
for payment under section 8003(a)(1)(B) of such Act, but due to
the deployment of both parents or legal guardians, or a parent
or legal guardian having sole custody of such children, or due
to the death of a military parent or legal guardian while on active
duty (so long as such children reside on Federal property as
described in section 8003(a)(1)(B)), are no longer eligible under
such section, shall be considered as eligible students under such
section, provided such students remain in average daily attendance
at a school in the same local educational agency they attended
prior to their change in eligibility status.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities authorized by
parts A and B of title II, part B of title IV, parts A and B of
title VI, and parts B and C of title VII of the ESEA; the McKinneyVento Homeless Assistance Act; section 203 of the Educational
Technical Assistance Act of 2002; the Compact of Free Association
Amendments Act of 2003; and the Civil Rights Act of 1964,
$4,433,629,000, of which $2,611,619,000 shall become available on
July 1, 2016, and remain available through September 30, 2017,
and of which $1,681,441,000 shall become available on October
1, 2016, and shall remain available through September 30, 2017,
for academic year 2016–2017: Provided, That funds made available
to carry out part B of title VII of the ESEA may be used for
construction, renovation, and modernization of any elementary
school, secondary school, or structure related to an elementary
school or secondary school, run by the Department of Education
of the State of Hawaii, that serves a predominantly Native
Hawaiian student body: Provided further, That funds made available to carry out part C of title VII of the ESEA shall be awarded
on a competitive basis, and also may be used for construction:
Provided further, That $51,445,000 shall be available to carry out
section 203 of the Educational Technical Assistance Act of 2002
and the Secretary shall make such arrangements as determined
to be necessary to ensure that the Bureau of Indian Education
has access to services provided under this section: Provided further,
That $16,699,000 shall be available to carry out the Supplemental
Education Grants program for the Federated States of Micronesia
and the Republic of the Marshall Islands: Provided further, That
the Secretary may reserve up to 5 percent of the amount referred
to in the previous proviso to provide technical assistance in the
implementation of these grants: Provided further, That up to 4.0
percent of the funds for subpart 1 of part A of title II of the

H. R. 2029—389
ESEA shall be reserved by the Secretary for competitive awards
for teacher or principal recruitment and training or professional
enhancement activities, including for civic education instruction,
to national not-for-profit organizations, of which up to 8 percent
may only be used for research, dissemination, evaluation, and technical assistance for competitive awards carried out under this proviso: Provided further, That $152,717,000 shall be to carry out
part B of title II of the ESEA: Provided further, That none of
the funds made available by this Act shall be used to allow 21st
Century Community Learning Centers initiative funding for
expanded learning time unless these activities provide enrichment
and engaging academic activities for students at least 300 additional
program hours before, during, or after the traditional school day
and supplements but does not supplant school day requirements.
INDIAN EDUCATION
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the ESEA, $143,939,000.
INNOVATION

AND IMPROVEMENT

For carrying out activities authorized by part G of title I,
subpart 5 of part A and parts C and D of title II, parts B, C,
and D of title V of the ESEA, and section 14007 of division A
of the American Recovery and Reinvestment Act of 2009, as
amended, $1,181,226,000: Provided, That up to $120,000,000 shall
be available through December 31, 2016 for section 14007 of division
A of Public Law 111–5, and up to 5 percent of such funds may
be used for technical assistance and the evaluation of activities
carried out under such section: Provided further, That the education
facilities clearinghouse established through a competitive process
in fiscal year 2013 may collect and disseminate information on
effective educational practices and the latest research on the planning, design, financing, construction, improvement, operation, and
maintenance of safe, healthy, high-performance public facilities for
early learning programs, kindergarten through grade 12, and higher
education: Provided further, That $230,000,000 of the funds for
subpart 1 of part D of title V of the ESEA shall be for competitive
grants to local educational agencies, including charter schools that
are local educational agencies, or States, or partnerships of: (1)
a local educational agency, a State, or both; and (2) at least one
nonprofit organization to develop and implement performance-based
compensation systems for teachers, principals, and other personnel
in high-need schools: Provided further, That such performancebased compensation systems must consider gains in student academic achievement as well as classroom evaluations conducted multiple times during each school year among other factors and provide
educators with incentives to take on additional responsibilities and
leadership roles: Provided further, That recipients of such grants
shall demonstrate that such performance-based compensation systems are developed with the input of teachers and school leaders
in the schools and local educational agencies to be served by the
grant: Provided further, That recipients of such grants may use
such funds to develop or improve systems and tools (which may
be developed and used for the entire local educational agency or
only for schools served under the grant) that would enhance the
quality and success of the compensation system, such as high-

H. R. 2029—390
quality teacher evaluations and tools to measure growth in student
achievement: Provided further, That applications for such grants
shall include a plan to sustain financially the activities conducted
and systems developed under the grant once the grant period has
expired: Provided further, That up to 5 percent of such funds
for competitive grants shall be available for technical assistance,
training, peer review of applications, program outreach, and evaluation activities: Provided further, That $250,000,000 of the funds
for part D of title V of the ESEA shall be available through
December 31, 2016 for carrying out, in accordance with the
applicable requirements of part D of title V of the ESEA, a preschool
development grants program: Provided further, That the Secretary,
jointly with the Secretary of HHS, shall make competitive awards
to States for activities that build the capacity within the State
to develop, enhance, or expand high-quality preschool programs,
including comprehensive services and family engagement, for preschool-aged children from families at or below 200 percent of the
Federal poverty line: Provided further, That each State may
subgrant a portion of such grant funds to local educational agencies
and other early learning providers (including, but not limited to,
Head Start programs and licensed child care providers), or consortia
thereof, for the implementation of high-quality preschool programs
for children from families at or below 200 percent of the Federal
poverty line: Provided further, That subgrantees that are local
educational agencies shall form strong partnerships with early
learning providers and that subgrantees that are early learning
providers shall form strong partnerships with local educational
agencies, in order to carry out the requirements of the subgrant:
Provided further, That up to 3 percent of such funds for preschool
development grants shall be available for technical assistance,
evaluation, and other national activities related to such grants:
Provided further, That $10,000,000 of funds available under part
D of title V of the ESEA shall be for the Full-Service Community
Schools program: Provided further, That of the funds available
for part B of title V of the ESEA, the Secretary shall use up
to $10,000,000 to carry out activities under section 5205(b) and
shall use not less than $16,000,000 for subpart 2: Provided further,
That of the funds available for subpart 1 of part B of title V
of the ESEA, and notwithstanding section 5205(a), the Secretary
shall reserve up to $100,000,000 to make multiple awards to nonprofit charter management organizations and other entities that
are not for-profit entities for the replication and expansion of
successful charter school models and shall reserve not less than
$11,000,000 to carry out the activities described in section 5205(a),
including improving quality and oversight of charter schools and
providing technical assistance and grants to authorized public chartering agencies in order to increase the number of high-performing
charter schools: Provided further, That funds available for part
B of title V of the ESEA may be used for grants that support
preschool education in charter schools: Provided further, That each
application submitted pursuant to section 5203(a) shall describe
a plan to monitor and hold accountable authorized public chartering
agencies through such activities as providing technical assistance
or establishing a professional development program, which may
include evaluation, planning, training, and systems development
for staff of authorized public chartering agencies to improve the
capacity of such agencies in the State to authorize, monitor, and

H. R. 2029—391
hold accountable charter schools: Provided further, That each
application submitted pursuant to section 5203(a) shall contain
assurances that State law, regulations, or other policies require
that: (1) each authorized charter school in the State operate under
a legally binding charter or performance contract between itself
and the school’s authorized public chartering agency that describes
the rights and responsibilities of the school and the public chartering agency; conduct annual, timely, and independent audits of
the school’s financial statements that are filed with the school’s
authorized public chartering agency; and demonstrate improved
student academic achievement; and (2) authorized public chartering
agencies use increases in student academic achievement for all
groups of students described in section 1111(b)(2)(C)(v) of the ESEA
as one of the most important factors when determining to renew
or revoke a school’s charter.
SAFE SCHOOLS

AND

CITIZENSHIP EDUCATION

For carrying out activities authorized by part A of title IV
and subparts 1, 2, and 10 of part D of title V of the ESEA,
$244,815,000: Provided, That $75,000,000 shall be available for
subpart 2 of part A of title IV, of which up to $5,000,000, to
remain available until expended, shall be for the Project School
Emergency Response to Violence (‘‘Project SERV’’) program to provide education-related services to local educational agencies and
institutions of higher education in which the learning environment
has been disrupted due to a violent or traumatic crisis: Provided
further, That $73,254,000 shall be available through December 31,
2016 for Promise Neighborhoods.
ENGLISH LANGUAGE ACQUISITION
For carrying out part A of title III of the ESEA, $737,400,000,
which shall become available on July 1, 2016, and shall remain
available through September 30, 2017, except that 6.5 percent
of such amount shall be available on October 1, 2015, and shall
remain available through September 30, 2017, to carry out activities
under section 3111(c)(1)(C): Provided, That the Secretary shall use
estimates of the American Community Survey child counts for
the most recent 3-year period available to calculate allocations
under such part.
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities Education
Act (IDEA) and the Special Olympics Sport and Empowerment
Act of 2004, $12,976,858,000, of which $3,456,259,000 shall become
available on July 1, 2016, and shall remain available through
September 30, 2017, and of which $9,283,383,000 shall become
available on October 1, 2016, and shall remain available through
September 30, 2017, for academic year 2016–2017: Provided, That
the amount for section 611(b)(2) of the IDEA shall be equal to
the lesser of the amount available for that activity during fiscal
year 2015, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in the
funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2015: Provided
further, That the Secretary shall, without regard to section 611(d)

H. R. 2029—392
of the IDEA, distribute to all other States (as that term is defined
in section 611(g)(2)), subject to the third proviso, any amount by
which a State’s allocation under section 611(d), from funds appropriated under this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the States’
relative populations of children aged 3 through 21 who are of
the same age as children with disabilities for whom the State
ensures the availability of a free appropriate public education under
this part, and 15 percent to States on the basis of the States’
relative populations of those children who are living in poverty:
Provided further, That the Secretary may not distribute any funds
under the previous proviso to any State whose reduction in allocation from funds appropriated under this heading made funds available for such a distribution: Provided further, That the States
shall allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f): Provided further, That the amount by which a State’s allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B)
and the amounts distributed to States under the previous provisos
in fiscal year 2012 or any subsequent year shall not be considered
in calculating the awards under section 611(d) for fiscal year 2013
or for any subsequent fiscal years: Provided further, That, notwithstanding the provision in section 612(a)(18)(B) regarding the fiscal
year in which a State’s allocation under section 611(d) is reduced
for failure to comply with the requirement of section 612(a)(18)(A),
the Secretary may apply the reduction specified in section
612(a)(18)(B) over a period of consecutive fiscal years, not to exceed
five, until the entire reduction is applied: Provided further, That
the Secretary may, in any fiscal year in which a State’s allocation
under section 611 is reduced in accordance with section
612(a)(18)(B), reduce the amount a State may reserve under section
611(e)(1) by an amount that bears the same relation to the maximum amount described in that paragraph as the reduction under
section 612(a)(18)(B) bears to the total allocation the State would
have received in that fiscal year under section 611(d) in the absence
of the reduction: Provided further, That the Secretary shall either
reduce the allocation of funds under section 611 for any fiscal
year following the fiscal year for which the State fails to comply
with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452
of the General Education Provisions Act (20 U.S.C. 1234a): Provided
further, That the funds reserved under 611(c) of the IDEA may
be used to provide technical assistance to States to improve the
capacity of the States to meet the data collection requirements
of sections 616 and 618 and to administer and carry out other
services and activities to improve data collection, coordination,
quality, and use under parts B and C of the IDEA: Provided
further, That the level of effort a local educational agency must
meet under section 613(a)(2)(A)(iii) of the IDEA, in the year after
it fails to maintain effort is the level of effort that would have
been required in the absence of that failure and not the LEA’s
reduced level of expenditures: Provided further, That the Secretary
may use funds made available for the State Personnel Development
Grants program under part D, subpart 1 of IDEA to evaluate
program performance under such subpart.

H. R. 2029—393
REHABILITATION SERVICES

AND

DISABILITY RESEARCH

For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center
Act, $3,529,605,000, of which $3,391,770,000 shall be for grants
for vocational rehabilitation services under title I of the Rehabilitation Act: Provided, That the Secretary may use amounts provided
in this Act that remain available subsequent to the reallotment
of funds to States pursuant to section 110(b) of the Rehabilitation
Act for innovative activities aimed at improving the outcomes of
individuals with disabilities as defined in section 7(20)(B) of the
Rehabilitation Act, including activities aimed at improving the education and post-school outcomes of children receiving Supplemental
Security Income (‘‘SSI’’) and their families that may result in longterm improvement in the SSI child recipient’s economic status
and self-sufficiency: Provided further, That States may award subgrants for a portion of the funds to other public and private,
nonprofit entities: Provided further, That any funds made available
subsequent to reallotment for innovative activities aimed at
improving the outcomes of individuals with disabilities shall remain
available until September 30, 2017.
SPECIAL INSTITUTIONS

FOR

PERSONS WITH DISABILITIES

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, $25,431,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles
I and II of the Education of the Deaf Act of 1986, $70,016,000:
Provided, That from the total amount available, the Institute may
at its discretion use funds for the endowment program as authorized
under section 207 of such Act.
GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf
Act of 1986, $121,275,000: Provided, That from the total amount
available, the University may at its discretion use funds for the
endowment program as authorized under section 207 of such Act.
CAREER, TECHNICAL,

AND

ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006 and
the Adult Education and Family Literacy Act (‘‘AEFLA’’),
$1,720,686,000, of which $929,686,000 shall become available on
July 1, 2016, and shall remain available through September 30,
2017, and of which $791,000,000 shall become available on October
1, 2016, and shall remain available through September 30, 2017:
Provided, That of the amounts made available for AEFLA,
$13,712,000 shall be for national leadership activities under section
242.

H. R. 2029—394
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3, and 10 of part A, and part
C of title IV of the HEA, $24,198,210,000, which shall remain
available through September 30, 2017.
The maximum Pell Grant for which a student shall be eligible
during award year 2016–2017 shall be $4,860.
STUDENT AID ADMINISTRATION
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A
of title VII of the Public Health Service Act, $1,551,854,000, to
remain available through September 30, 2017: Provided, That the
Secretary shall, no later than March 1, 2016, allocate new student
loan borrower accounts to eligible student loan servicers on the
basis of their performance compared to all loan servicers utilizing
established common metrics, and on the basis of the capacity of
each servicer to process new and existing accounts.
HIGHER EDUCATION
For carrying out, to the extent not otherwise provided, titles
II, III, IV, V, VI, and VII of the HEA, the Mutual Educational
and Cultural Exchange Act of 1961, and section 117 of the Carl
D. Perkins Career and Technical Education Act of 2006,
$1,982,185,000: Provided, That notwithstanding any other provision
of law, funds made available in this Act to carry out title VI
of the HEA and section 102(b)(6) of the Mutual Educational and
Cultural Exchange Act of 1961 may be used to support visits
and study in foreign countries by individuals who are participating
in advanced foreign language training and international studies
in areas that are vital to United States national security and
who plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or international development: Provided further, That of the funds referred
to in the preceding proviso up to 1 percent may be used for program
evaluation, national outreach, and information dissemination activities: Provided further, That up to 1.5 percent of the funds made
available under chapter 2 of subpart 2 of part A of title IV of
the HEA may be used for evaluation.
HOWARD UNIVERSITY
For partial support of Howard University, $221,821,000, of
which not less than $3,405,000 shall be for a matching endowment
grant pursuant to the Howard University Endowment Act and
shall remain available until expended.
COLLEGE HOUSING

AND

ACADEMIC FACILITIES LOANS PROGRAM

For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of the
HEA, $435,000.

H. R. 2029—395
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL
FINANCING PROGRAM ACCOUNT
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2017: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed
$302,099,000: Provided further, That these funds may be used to
support loans to public and private Historically Black Colleges
and Universities without regard to the limitations within section
344(a) of the HEA.
In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
INSTITUTE

OF

EDUCATION SCIENCES

For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational
Progress Authorization Act, section 208 of the Educational Technical
Assistance Act of 2002, and section 664 of the Individuals with
Disabilities Education Act, $618,015,000, which shall remain available through September 30, 2017: Provided, That funds available
to carry out section 208 of the Educational Technical Assistance
Act may be used to link Statewide elementary and secondary data
systems with early childhood, postsecondary, and workforce data
systems, or to further develop such systems: Provided further, That
up to $6,000,000 of the funds available to carry out section 208
of the Educational Technical Assistance Act may be used for awards
to public or private organizations or agencies to support activities
to improve data coordination, quality, and use at the local, State,
and national levels: Provided further, That $157,235,000 shall be
for carrying out activities authorized by the National Assessment
of Educational Progress Authorization Act.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $432,000,000, of which up to $1,000,000,
to remain available until expended, may be for relocation of, and
renovation of buildings occupied by, Department staff.
OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization
Act, $107,000,000.

H. R. 2029—396
OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $59,256,000.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the purchase
of equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation
of students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation
of any school or school system.
SEC. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of any
student to a school other than the school which is nearest the
student’s home, except for a student requiring special education,
to the school offering such special education, in order to comply
with title VI of the Civil Rights Act of 1964. For the purpose
of this section an indirect requirement of transportation of students
includes the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the pairing
of schools, or the clustering of schools, or any combination of grade
restructuring, pairing, or clustering. The prohibition described in
this section does not include the establishment of magnet schools.
SEC. 303. No funds appropriated in this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(TRANSFER OF FUNDS)

SEC. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but
no such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority granted
by this section shall not be used to create any new program or
to fund any project or activity for which no funds are provided
in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
SEC. 305. The Outlying Areas may consolidate funds received
under this Act, pursuant to 48 U.S.C. 1469a, under part A of
title V of the ESEA.
SEC. 306. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix))
shall be applied by substituting ‘‘2016’’ for ‘‘2009’’.
SEC. 307. The Secretary, in consultation with the Director
of the Institute of Education Sciences, may reserve funds under
section 9601 of the ESEA (subject to the limitations in subsections
(b) and (c) of that section) in order to carry out activities authorized
under paragraphs (1) and (2) of subsection (a) of that section with
respect to any ESEA program funded in this Act and without
respect to the source of funds for those activities: Provided, That
high-quality evaluations of ESEA programs shall be prioritized,

H. R. 2029—397
before using funds for any other evaluation activities: Provided
further, That any funds reserved under this section shall be available from July 1, 2016 through September 30, 2017: Provided
further, That not later than 10 days prior to the initial obligation
of funds reserved under this section, the Secretary, in consultation
with the Director, shall submit an evaluation plan to the Senate
Committees on Appropriations and Health, Education, Labor, and
Pensions and the House Committees on Appropriations and Education and the Workforce which identifies the source and amount
of funds reserved under this section, the impact on program
grantees if funds are withheld, the programs to be evaluated with
such funds, how ESEA programs will be regularly evaluated, and
how findings from evaluations completed under this section will
be widely disseminated.
SEC. 308. (a) An institution of higher education that maintains
an endowment fund supported with funds appropriated for title
III or V of the HEA for fiscal year 2016 may use the income
from that fund to award scholarships to students, subject to the
limitation in section 331(c)(3)(B)(i) of the HEA. The use of such
income for such purposes, prior to the enactment of this Act, shall
be considered to have been an allowable use of that income, subject
to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of
the HEA are reauthorized.
SEC. 309. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is
amended by striking ‘‘2015’’ and inserting ‘‘2016’’.
SEC. 310. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is
amended in paragraph (4) by striking ‘‘2014’’ and inserting ‘‘2016’’.
SEC. 311. Section 428(c)(1) of the HEA (20 U.S.C. 1078(c)(1))
is amended by striking ‘‘95 percent’’ and inserting ‘‘100 percent’’.
SEC. 312. Notwithstanding section 5(b) of the Every Student
Succeeds Act, funds provided in this Act for non-competitive formula
grant programs authorized by the ESEA for use during academic
year 2016–2017 shall be administered in accordance with the ESEA
as in effect on the day before the date of enactment of the Every
Student Succeeds Act.
SEC. 313. CAREER PATHWAYS PROGRAMS.—
(1) Subsection (d) of section 484 of the HEA is amended
by replacing (d)(2) with the following:
‘‘(2) ELIGIBLE CAREER PATHWAY PROGRAM.—In this subsection, the term ‘eligible career pathway program’ means a
program that combines rigorous and high-quality education,
training, and other services that—
‘‘(A) aligns with the skill needs of industries in the
economy of the State or regional economy involved;
‘‘(B) prepares an individual to be successful in any
of a full range of secondary or postsecondary education
options, including apprenticeships registered under the Act
of August 16, 1937 (commonly known as the ‘National
Apprenticeship Act’; 50 Stat. 664, chapter 663; 29 U.S.C.
50 et seq.) (referred to individually in this Act as an
‘apprenticeship’, except in section 171);
‘‘(C) includes counseling to support an individual in
achieving the individual’s education and career goals;

H. R. 2029—398
‘‘(D) includes, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or
occupational cluster;
‘‘(E) organizes education, training, and other services
to meet the particular needs of an individual in a manner
that accelerates the educational and career advancement
of the individual to the extent practicable;
‘‘(F) enables an individual to attain a secondary school
diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; and
‘‘(G) helps an individual enter or advance within a
specific occupation or occupational cluster.’’.
(2) Subsection (b) of section 401 of the HEA is amended
by striking the addition to (b)(2)(A)(ii) made by subsection
309(b) of division G of Public Law 113–235.
This title may be cited as the ‘‘Department of Education Appropriations Act, 2016’’.
TITLE IV
RELATED AGENCIES
COMMITTEE

FOR

PURCHASE FROM PEOPLE WHO ARE BLIND
SEVERELY DISABLED

OR

SALARIES AND EXPENSES

For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled established under section 8502 of title 41, United States Code, $6,191,000: Provided,
That in order to authorize any central nonprofit agency designated
pursuant to section 8503(c) of title 41, United States Code, to
perform contract requirements of the Committee as prescribed
under section 51–3.2 of title 41, Code of Federal Regulations, the
Committee shall within 180 days after the date of enactment of
this Act enter into a written agreement with any such central
nonprofit agency: Provided further, That such agreement entered
into under the preceding proviso shall contain such auditing, oversight, and reporting provisions as necessary to implement chapter
85 of title 41, United States Code: Provided further, That such
agreement shall include the elements listed under the heading
‘‘Committee For Purchase From People Who Are Blind or Severely
Disabled—Written Agreement Elements’’ in the explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act): Provided further, That after 180 days
from the date of enactment of this Act a fee may not be charged
under section 51–3.5 of title 41, Code of Federal Regulations, unless
such fee is under the terms of the written agreement between
the Committee and any such central nonprofit agency: Provided
further, That no less than $750,000 shall be available for the
Office of Inspector General.
ADMINISTRATIVE PROVISIONS

SEC. 401. (a) Section 8G of the Inspector General Act of 1978
(5 U.S.C. App.) is amended—
(1) in subsection (a)—

H. R. 2029—399
(A) in paragraph (2), by inserting ‘‘the Committee for
Purchase From People Who Are Blind or Severely Disabled,’’ after ‘‘the Board for International Broadcasting,’’;
and
(B) in paragraph (4)—
(i) by redesignating subparagraphs (D) through
(H) as subparagraphs (E) through (I), respectively; and
(ii) by inserting after subparagraph (C) the following new subparagraph:
‘‘(D) with respect to the Committee for Purchase From
People Who Are Blind or Severely Disabled, such term
means the Chairman of the Committee for Purchase From
People Who Are Blind or Severely Disabled;’’; and
(2) in subsection (e)(1)—
(A) by striking ‘‘board or commission’’, the first place
it appears, and inserting ‘‘board, chairman of a committee,
or commission’’; and
(B) by striking ‘‘board or commission’’, the second place
it appears, and inserting ‘‘board, committee, or commission’’.
(b) Not later than 180 days after the date of the enactment
of this Act, the Chairman of the Committee for Purchase From
People Who Are Blind or Severely Disabled shall appoint an
Inspector General for the Committee.
(c) This section, and the amendments made by this section,
shall take effect on the date that is 180 days after the date of
the enactment of this Act.
SEC. 402. Not later than 30 days after the end of each fiscal
year quarter, beginning with the first quarter of fiscal year 2016,
the Committee For Purchase From People Who Are Blind or
Severely Disabled shall submit to the Committees on Oversight
and Government Reform and Education and the Workforce of the
House of Representatives, the Committees on Homeland Security
and Governmental Affairs and Health, Education, Labor, and Pensions of the Senate, and the Committees on Appropriations of
the House of Representatives and the Senate, the reports described
under the heading ‘‘Committee For Purchase From People Who
Are Blind or Severely Disabled—Requested Reports’’ in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
CORPORATION

FOR

NATIONAL

AND

COMMUNITY SERVICE

OPERATING EXPENSES

For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ‘‘CNCS’’) to carry
out the Domestic Volunteer Service Act of 1973 (referred to in
this title as ‘‘1973 Act’’) and the National and Community Service
Act of 1990 (referred to in this title as ‘‘1990 Act’’), $787,929,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds
may be used to defray the costs of conducting grant application
reviews, including the use of outside peer reviewers and electronic
management of the grants cycle; (2) $50,000,000 shall be available
for expenses to carry out section 198K of the 1990 Act; (3)

H. R. 2029—400
$16,038,000 shall be available to provide assistance to State
commissions on national and community service, under section
126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B)
of the 1990 Act; (4) $30,000,000 shall be available to carry out
subtitle E of the 1990 Act; and (5) $3,800,000 shall be available
for expenses authorized under section 501(a)(4)(F) of the 1990 Act,
which, notwithstanding the provisions of section 198P shall be
awarded by CNCS on a competitive basis: Provided further, That
for the purposes of carrying out the 1990 Act, satisfying the requirements in section 122(c)(1)(D) may include a determination of need
by the local community: Provided further, That not to exceed 20
percent of funds made available under section 198K of the 1990
Act may be used for Social Innovation Fund Pilot Program-related
performance-based awards for Pay for Success projects and shall
remain available through September 30, 2017: Provided further,
That, with respect to the previous proviso, any funds obligated
for such projects shall remain available for disbursement until
expended, notwithstanding 31 U.S.C. 1552(a): Provided further,
That any funds deobligated from projects under section 198K of
the 1990 Act shall immediately be available for activities authorized
under section 198K of such Act.
PAYMENT TO THE NATIONAL SERVICE TRUST
(INCLUDING TRANSFER OF FUNDS)

For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $220,000,000, to remain available until expended: Provided, That CNCS may transfer additional
funds from the amount provided within ‘‘Operating Expenses’’ allocated to grants under subtitle C of title I of the 1990 Act to
the National Service Trust upon determination that such transfer
is necessary to support the activities of national service participants
and after notice is transmitted to the Committees on Appropriations
of the House of Representatives and the Senate: Provided further,
That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the 1990
Act without regard to the requirement to apportion funds under
31 U.S.C. 1513(b).
SALARIES AND EXPENSES

For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of the
1973 Act, including payment of salaries, authorized travel, hire
of passenger motor vehicles, the rental of conference rooms in
the District of Columbia, the employment of experts and consultants
authorized under 5 U.S.C. 3109, and not to exceed $2,500 for
official reception and representation expenses, $81,737,000.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,250,000.

H. R. 2029—401
ADMINISTRATIVE PROVISIONS

SEC. 403. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice
and comment rulemaking. For fiscal year 2016, during any grant
selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding
such selection, directly or indirectly, to any person other than
an officer or employee of CNCS that is authorized by CNCS to
receive such information.
SEC. 404. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that they
receive AmeriCorps funding, and thereafter shall meet the overall
minimum share requirement as provided in section 2521.60 of title
45, Code of Federal Regulations, without regard to the operating
costs match requirement in section 121(e) or the member support
Federal share limitations in section 140 of the 1990 Act, and subject
to partial waiver consistent with section 2521.70 of title 45, Code
of Federal Regulations.
SEC. 405. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and operations
under titles I and II of the 1973 Act or subtitle B, C, D, or
E of title I of the 1990 Act shall be used to supplement and
not supplant current programs and operations.
SEC. 406. In addition to the requirements in section 146(a)
of the 1990 Act, use of an educational award for the purpose
described in section 148(a)(4) shall be limited to individuals who
are veterans as defined under section 101 of the Act.
SEC. 407. For the purpose of carrying out section 189D of
the 1990 Act—
(1) entities described in paragraph (a) of such section shall
be considered ‘‘qualified entities’’ under section 3 of the National
Child Protection Act of 1993 (‘‘NCPA’’); and
(2) individuals described in such section shall be considered
‘‘volunteers’’ under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are authorized to receive criminal history record information, consistent
with Public Law 92–544.
CORPORATION

FOR

PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting
(‘‘CPB’’), as authorized by the Communications Act of 1934, an
amount which shall be available within limitations specified by
that Act, for the fiscal year 2018, $445,000,000: Provided, That
none of the funds made available to CPB by this Act shall be
used to pay for receptions, parties, or similar forms of entertainment
for Government officials or employees: Provided further, That none
of the funds made available to CPB by this Act shall be available
or used to aid or support any program or activity from which
any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or
sex: Provided further, That none of the funds made available to
CPB by this Act shall be used to apply any political test or qualification in selecting, appointing, promoting, or taking any other personnel action with respect to officers, agents, and employees of

H. R. 2029—402
CPB: Provided further, That none of the funds made available
to CPB by this Act shall be used to support the Television Future
Fund or any similar purpose.
In addition, for the costs associated with replacing and
upgrading the public broadcasting interconnection system,
$40,000,000.
FEDERAL MEDIATION

AND

CONCILIATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service (‘‘Service’’) to carry out the functions vested in it
by the Labor-Management Relations Act, 1947, including hire of
passenger motor vehicles; for expenses necessary for the LaborManagement Cooperation Act of 1978; and for expenses necessary
for the Service to carry out the functions vested in it by the
Civil Service Reform Act, $48,748,000, including up to $400,000
to remain available through September 30, 2017, for activities
authorized by the Labor-Management Cooperation Act of 1978:
Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up
to full-cost recovery, for special training activities and other conflict
resolution services and technical assistance, including those provided to foreign governments and international organizations, and
for arbitration services shall be credited to and merged with this
account, and shall remain available until expended: Provided further, That fees for arbitration services shall be available only for
education, training, and professional development of the agency
workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts
of services and real, personal, or other property in the aid of
any projects or functions within the Director’s jurisdiction.
FEDERAL MINE SAFETY

AND

HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health
Review Commission, $17,085,000.
INSTITUTE

OF

MUSEUM

AND

LIBRARY SERVICES

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND
ADMINISTRATION

For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $230,000,000.
MEDICAID

AND

CHIP PAYMENT

AND

ACCESS COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1900 of the Social
Security Act, $7,765,000.

H. R. 2029—403
MEDICARE PAYMENT ADVISORY COMMISSION
SALARIES AND EXPENSES

For expenses necessary to carry out section 1805 of the Social
Security Act, $11,925,000, to be transferred to this appropriation
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.
NATIONAL COUNCIL

ON

DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973,
$3,250,000.
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, and other laws, $274,224,000: Provided, That
no part of this appropriation shall be available to organize or
assist in organizing agricultural laborers or used in connection
with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in
section 2(3) of the Act of July 5, 1935, and as amended by the
Labor-Management Relations Act, 1947, and as defined in section
3(f) of the Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of ditches,
canals, reservoirs, and waterways when maintained or operated
on a mutual, nonprofit basis and at least 95 percent of the water
stored or supplied thereby is used for farming purposes.
ADMINISTRATIVE PROVISIONS

SEC. 408. None of the funds provided by this Act or previous
Acts making appropriations for the National Labor Relations Board
may be used to issue any new administrative directive or regulation
that would provide employees any means of voting through any
electronic means in an election to determine a representative for
the purposes of collective bargaining.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $13,230,000.
OCCUPATIONAL SAFETY

AND

HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health
Review Commission, $12,639,000.

H. R. 2029—404
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974,
$29,000,000, which shall include amounts becoming available in
fiscal year 2016 pursuant to section 224(c)(1)(B) of Public Law
98–76; and in addition, an amount, not to exceed 2 percent of
the amount provided herein, shall be available proportional to the
amount by which the product of recipients and the average benefit
received exceeds the amount available for payment of vested dual
benefits: Provided, That the total amount provided herein shall
be credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2017, which shall be the maximum
amount available for payment pursuant to section 417 of Public
Law 98–76.
LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board
(‘‘Board’’) for administration of the Railroad Retirement Act and
the Railroad Unemployment Insurance Act, $111,225,000, to be
derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund: Provided, That
notwithstanding section 7(b)(9) of the Railroad Retirement Act this
limitation may be used to hire attorneys only through the excepted
service: Provided further, That the previous proviso shall not change
the status under Federal employment laws of any attorney hired
by the Railroad Retirement Board prior to January 1, 2013.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $8,437,000, to be
derived from the railroad retirement accounts and railroad
unemployment insurance account.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund, as
provided under sections 201(m), 228(g), and 1131(b)(2) of the Social
Security Act, $11,400,000.

H. R. 2029—405
SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92–603, section 212 of Public Law 93–
66, as amended, and section 405 of Public Law 95–216, including
payment to the Social Security trust funds for administrative
expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $46,305,733,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the
current fiscal year and not obligated by the State during that
year shall be returned to the Treasury: Provided further, That
not more than $101,000,000 shall be available for research and
demonstrations under sections 1110, 1115, and 1144 of the Social
Security Act, and remain available through September 30, 2018.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal year,
such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2017,
$14,500,000,000, to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official reception
and representation expenses, not more than $10,598,945,000 may
be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to in
such section: Provided, That not less than $2,300,000 shall be
for the Social Security Advisory Board: Provided further, That,
$116,000,000 may be used for the costs associated with conducting
continuing disability reviews under titles II and XVI of the Social
Security Act and conducting redeterminations of eligibility under
title XVI of the Social Security Act: Provided further, That the
Commissioner may allocate additional funds under this paragraph
above the level specified in the previous proviso for such activities
but only to reconcile estimated and actual unit costs for conducting
such activities and after notifying the Committees on Appropriations
of the House of Representatives and the Senate at least 15 days
in advance of any such reallocation: Provided further, That the
acquisition of services to conduct and manage representative payee
reviews shall be made using full and open competition procedures:
Provided further, That, $150,000,000, to remain available until
expended, shall be for necessary expenses for the renovation and
modernization of the Arthur J. Altmeyer Building: Provided further,
That unobligated balances of funds provided under this paragraph
at the end of fiscal year 2016 not needed for fiscal year 2016
shall remain available until expended to invest in the Social Security Administration information technology and telecommunications
hardware and software infrastructure, including related equipment
and non-payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure: Provided further, That the Commissioner of Social Security shall notify
the Committees on Appropriations of the House of Representatives
and the Senate prior to making unobligated balances available
under the authority in the previous proviso: Provided further, That

H. R. 2029—406
reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies, regulations,
or procedures referred to in section 7135(b) of such title shall
be made by the Secretary of the Treasury, with interest, from
amounts in the general fund not otherwise appropriated, as soon
as possible after such expenditures are made.
In addition, for the costs associated with continuing disability
reviews under titles II and XVI of the Social Security Act and
for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, $1,426,000,000
may be expended, as authorized by section 201(g)(1) of the Social
Security Act, from any one or all of the trust funds referred to
therein: Provided, That, of such amount, $273,000,000 is provided
to meet the terms of section 251(b)(2)(B)(ii)(III) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
and $1,153,000,000 is additional new budget authority specified
for purposes of section 251(b)(2)(B) of such Act: Provided further,
That the Commissioner shall provide to the Congress (at the conclusion of the fiscal year) a report on the obligation and expenditure
of these funds, similar to the reports that were required by section
103(d)(2) of Public Law 104–121 for fiscal years 1996 through
2002.
In addition, $136,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3)
of Public Law 93–66, which shall remain available until expended.
To the extent that the amounts collected pursuant to such sections
in fiscal year 2016 exceed $136,000,000, the amounts shall be
available in fiscal year 2017 only to the extent provided in advance
in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act,
which shall remain available until expended.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $29,787,000, together with not to exceed $75,713,000, to be
transferred and expended as authorized by section 201(g)(1) of
the Social Security Act from the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust
Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ‘‘Limitation on Administrative Expenses’’, Social Security Administration,
to be merged with this account, to be available for the time and
purposes for which this account is available: Provided, That notice
of such transfers shall be transmitted promptly to the Committees
on Appropriations of the House of Representatives and the Senate
at least 15 days in advance of any transfer.

H. R. 2029—407
TITLE V
GENERAL PROVISIONS
(TRANSFER OF FUNDS)

SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall
be used for the same purpose, and for the same periods of time,
for which they were originally appropriated.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained in this
Act or transferred pursuant to section 4002 of Public Law 111–
148 shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State
or local legislature itself, or designed to support or defeat any
proposed or pending regulation, administrative action, or order
issued by the executive branch of any State or local government,
except in presentation to the executive branch of any State or
local government itself.
(b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed
to influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or tribal government in policymaking and
administrative processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall include
any activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending,
or future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
SEC. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles
I and III, respectively, for official reception and representation
expenses; the Director of the Federal Mediation and Conciliation
Service is authorized to make available for official reception and
representation expenses not to exceed $5,000 from the funds available for ‘‘Federal Mediation and Conciliation Service, Salaries and
Expenses’’; and the Chairman of the National Mediation Board

H. R. 2029—408
is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for
‘‘National Mediation Board, Salaries and Expenses’’.
SEC. 505. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,
including but not limited to State and local governments and recipients of Federal research grants, shall clearly state—
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project
or program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
SEC. 506. (a) None of the funds appropriated in this Act, and
none of the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated in
this Act, shall be expended for health benefits coverage that includes
coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
SEC. 507. (a) The limitations established in the preceding section shall not apply to an abortion—
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the
pregnancy itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State’s or
locality’s contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State’s or locality’s contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government 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.
(2) In this subsection, the term ‘‘health care entity’’ includes
an individual physician or other health care professional, a hospital,
a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care
facility, organization, or plan.

H. R. 2029—409
SEC. 508. (a) None of the funds made available in this Act
may be used for—
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses
in utero under 45 CFR 46.204(b) and section 498(b) of the
Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human embryo
or embryos’’ includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or
any other means from one or more human gametes or human
diploid cells.
SEC. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the schedules
of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executivecongressional communications.
(b) The limitation in subsection (a) shall not apply when there
is significant medical evidence of a therapeutic advantage to the
use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic advantage.
SEC. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act providing for, or providing for
the assignment of, 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. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if—
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary
of Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required
by that section for the most recent year for which such requirement was applicable to such entity.
SEC. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriation Act.
SEC. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section 224(f)
of such Act, as amended by the Children’s Internet Protection
Act, unless such library has made the certifications required by
paragraph (4) of such section.
SEC. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure

H. R. 2029—410
in fiscal year 2016, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier, and are notified in writing
10 days in advance of such reprogramming.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2016, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds in excess of $500,000
or 10 percent, whichever is less, that—
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier, and are notified in writing
10 days in advance of such reprogramming.
SEC. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political affiliation
or voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or misleading.
SEC. 516. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit
an operating plan that details at the program, project, and activity
level any funding allocations for fiscal year 2016 that are different
than those specified in this Act, the accompanying detailed table
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or the fiscal year
2016 budget request.

H. R. 2029—411
SEC. 517. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the
Senate a report on the number and amount of contracts, grants,
and cooperative agreements exceeding $500,000 in value and
awarded by the Department on a non-competitive basis during
each quarter of fiscal year 2016, but not to include grants awarded
on a formula basis or directed by law. Such report shall include
the name of the contractor or grantee, the amount of funding,
the governmental purpose, including a justification for issuing the
award on a non-competitive basis. Such report shall be transmitted
to the Committees within 30 days after the end of the quarter
for which the report is submitted.
SEC. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social Security,
for purposes of administering Social Security benefit payments
under title II of the Social Security Act, to process any claim
for credit for a quarter of coverage based on work performed under
a social security account number that is not the claimant’s number
and the performance of such work under such number has formed
the basis for a conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
SEC. 519. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and
Mexico establishing totalization arrangements between the social
security system established by title II of the Social Security Act
and the social security system of Mexico, which would not otherwise
be payable but for such agreement.
SEC. 520. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase sterile
needles or syringes for the hypodermic injection of any illegal drug:
Provided, That such limitation does not apply to the use of funds
for elements of a program other than making such purchases if
the relevant State or local health department, in consultation with
the Centers for Disease Control and Prevention, determines that
the State or local jurisdiction, as applicable, is experiencing, or
is at risk for, a significant increase in hepatitis infections or an
HIV outbreak due to injection drug use, and such program is
operating in accordance with State and local law.
SEC. 521. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 522. None of the funds made available under this or
any other Act, or any prior Appropriations Act, may be provided
to the Association of Community Organizations for Reform Now
(ACORN), or any of its affiliates, subsidiaries, allied organizations,
or successors.
SEC. 523. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M–12–12 dated

H. R. 2029—412
May 11, 2012, and requirements contained in the annual appropriations bills relating to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
SEC. 524. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated
at U.S. taxpayer expense. The funds used by a Federal agency
to carry out this requirement shall be derived from amounts made
available to the agency for advertising or other communications
regarding the programs and activities of the agency.
SEC. 525. (a) Federal agencies may use Federal discretionary
funds that are made available in this Act to carry out up to
10 Performance Partnership Pilots. Such Pilots shall—
(1) be 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, that provide education, training, employment,
and other related social services. Such Pilots shall be governed
by the provisions of section 526 of division H of Public Law
113–76, except that in carrying out such Pilots section 526
shall be applied by substituting ‘‘FISCAL YEAR 2016’’ for ‘‘FISCAL
YEAR 2014’’ in the title of subsection (b) and by substituting
‘‘September 30, 2020’’ for ‘‘September 30, 2018’’ each place
it appears.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance Partnership Pilots that are being carried out pursuant to
the authority provided by section 526 of division H of Public Law
113–76, and section 524 of division G of Public Law 113–235:
Provided, That new pilots that are being carried out with discretionary funds made available in division G of Public Law 113–
235 shall include communities that have recently experienced civil
unrest.
SEC. 526. Not later than 30 days after the end of each calendar
quarter, beginning with the first quarter of fiscal year 2013, the
Departments of Labor, Health and Human Services and Education
and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate
a quarterly report on the status of balances of appropriations:
Provided, That for balances that are unobligated and uncommitted,
committed, and obligated but unexpended, the quarterly reports
shall separately identify the amounts attributable to each source
year of appropriation (beginning with fiscal year 2012, or, to the
extent feasible, earlier fiscal years) from which balances were
derived.
SEC. 527. Section 2812(d)(2) of the Public Health Service Act
(42 U.S.C. 300hh–11(d)(2)) is amended—
(1) by redesignating the three sentences as subparagraphs
(A), (B), and (C), respectively, and indenting accordingly;

H. R. 2029—413
(2) in subparagraph (A), as so redesignated, by striking
‘‘An’’ and inserting ‘‘IN GENERAL.—An’’;
(3) in subparagraph (B), as so redesignated, by striking
‘‘With’’ and inserting ‘‘APPLICATION TO TRAINING PROGRAMS.—
With’’;
(4) in subparagraph (C), as so redesignated, by striking
‘‘In’’ and inserting ‘‘RESPONSIBILITY OF LABOR SECRETARY.—
In’’; and
(5) by adding at the end the following new subparagraphs:
‘‘(D) COMPUTATION OF PAY.—In the event of an injury
to such an intermittent disaster response appointee, the
position of the employee shall be deemed to be ‘one which
would have afforded employment for substantially a whole
year’, for purposes of section 8114(d)(2) of such title.
‘‘(E) CONTINUATION OF PAY.—The weekly pay of such
an employee shall be deemed to be the hourly pay in
effect on the date of the injury multiplied by 40, for purposes of computing benefits under section 8118 of such
title.’’.
(RESCISSION)

SEC. 528. Of the funds made available for fiscal year 2016
under section 3403 of Public Law 111–148, $15,000,000 are
rescinded.
SEC. 529. 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, shall not be available for obligation in this fiscal
year.
(RESCISSION)

SEC. 530. Of any available amounts appropriated under section
108 of Public Law 111–3, as amended, $4,678,500,000 are hereby
rescinded.
This division may be cited as the ‘‘Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations Act, 2016’’.
DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS
ACT, 2016
TITLE I
LEGISLATIVE BRANCH
SENATE
EXPENSE ALLOWANCES
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader
of the Senate, $39,920; Minority Leader of the Senate, $39,920;
Majority Whip of the Senate, $9,980; Minority Whip of the Senate,
$9,980; Chairmen of the Majority and Minority Conference Committees, $4,690 for each Chairman; and Chairmen of the Majority

H. R. 2029—414
and Minority Policy Committees, $4,690 for each Chairman; in
all, $174,840.
REPRESENTATION ALLOWANCES FOR THE MAJORITY
LEADERS

AND

MINORITY

For representation allowances of the Majority and Minority
Leaders of the Senate, $14,070 for each such Leader; in all, $28,140.
SALARIES, OFFICERS

AND

EMPLOYEES

For compensation of officers, employees, and others as authorized by law, including agency contributions, $179,185,311, which
shall be paid from this appropriation without regard to the following
limitations:
OFFICE OF THE VICE PRESIDENT

For the Office of the Vice President, $2,417,248.
OFFICE OF THE PRESIDENT PRO TEMPORE

For the Office of the President Pro Tempore, $723,466.
OFFICES OF THE MAJORITY AND MINORITY LEADERS

For Offices of the Majority and Minority Leaders, $5,255,576.
OFFICES OF THE MAJORITY AND MINORITY WHIPS

For Offices of the Majority and Minority Whips, $3,359,424.
COMMITTEE ON APPROPRIATIONS

For salaries of the Committee on Appropriations, $15,142,000.
CONFERENCE COMMITTEES

For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman
of each such committee, $1,658,000 for each such committee; in
all, $3,316,000.
OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY
AND THE CONFERENCE OF THE MINORITY

For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $817,402.
POLICY COMMITTEES

For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,692,905 for each such committee; in all,
$3,385,810.
OFFICE OF THE CHAPLAIN

For Office of the Chaplain, $436,886.

H. R. 2029—415
OFFICE OF THE SECRETARY

For Office of the Secretary, $24,772,000.
OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

For Office
$69,000,000.

of

the

Sergeant

at

Arms

and

Doorkeeper,

OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY

For Offices of the Secretary for the Majority and the Secretary
for the Minority, $1,762,000.
AGENCY CONTRIBUTIONS AND RELATED EXPENSES

For agency contributions for employee benefits, as authorized
by law, and related expenses, $48,797,499.
OFFICE

OF THE

LEGISLATIVE COUNSEL

OF THE

SENATE

For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $5,408,500.
OFFICE

OF

SENATE LEGAL COUNSEL

For salaries and expenses of the Office of Senate Legal Counsel,
$1,120,000.
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
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary
for the Majority of the Senate, $7,110; Secretary for the Minority
of the Senate, $7,110; in all, $28,440.
CONTINGENT EXPENSES

OF THE

SENATE

INQUIRIES AND INVESTIGATIONS

For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96–304), and
Senate Resolution 281, 96th Congress, agreed to March 11, 1980,
$133,265,000, of which $26,650,000 shall remain available until
September 30, 2018.
EXPENSES OF THE UNITED STATES SENATE CAUCUS ON
INTERNATIONAL NARCOTICS CONTROL

For expenses of the United States Senate Caucus on International Narcotics Control, $508,000.

H. R. 2029—416
SECRETARY OF THE SENATE

For expenses of the Office of the Secretary of the Senate,
$8,750,000 of which $4,350,000 shall remain available until September 30, 2020 and of which $2,500,000 shall remain available
until expended.
SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $130,000,000, which shall remain available
until September 30, 2020.
MISCELLANEOUS ITEMS

For miscellaneous items, $21,390,270 which shall remain available until September 30, 2018.
SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT

For Senators’ Official Personnel and Office Expense Account,
$390,000,000 of which $19,121,212 shall remain available until
September 30, 2018.
OFFICIAL MAIL COSTS

For expenses necessary for official mail costs of the Senate,
$300,000.
ADMINISTRATIVE PROVISIONS
REQUIRING AMOUNTS REMAINING IN SENATORS’ OFFICIAL PERSONNEL
AND OFFICE EXPENSE ACCOUNT TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE THE FEDERAL DEBT

SEC. 1. Notwithstanding any other provision of law, any
amounts appropriated under this Act under the heading ‘‘SENATE’’
under the heading ‘‘CONTINGENT EXPENSES OF THE SENATE’’ under
the heading ‘‘SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE
ACCOUNT’’ shall be available for obligation only during the fiscal
year or fiscal years for which such amounts are made available.
Any unexpended balances under such allowances remaining after
the end of the period of availability shall be returned to the
Treasury in accordance with the undesignated paragraph under
the center heading ‘‘GENERAL PROVISION’’ under chapter XI
of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 4107)
and used for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury
considers appropriate).
AUTHORITY FOR TRANSFER OF FUNDS

SEC. 2. Section 1 of the Legislative Branch Appropriations
Act, 1991 (2 U.S.C. 6153) is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(2) by inserting after subsection (b) the following:

H. R. 2029—417
‘‘(c)(1) The Chaplain of the Senate may, during any fiscal year,
at the election of the Chaplain of the Senate, transfer funds from
the appropriation account for salaries for the Office of the Chaplain
of the Senate to the account, within the contingent fund of the
Senate, from which expenses are payable for the Office of the
Chaplain.
‘‘(2) The Chaplain of the Senate may, during any fiscal year,
at the election of the Chaplain of the Senate, transfer funds from
the appropriation account for expenses, within the contingent fund
of the Senate, for the Office of the Chaplain to the account from
which salaries are payable for the Office of the Chaplain of the
Senate.’’;
(3) in subsection (d), as so redesignated—
(A) in paragraph (1), by inserting ‘‘or the Office of
the Chaplain of the Senate, as the case may be,’’ after
‘‘such committee’’ each place it appears; and
(B) in paragraph (2), by inserting ‘‘or the Chaplain
of the Senate, as the case may be,’’ after ‘‘the Chairman’’;
and
(4) in subsection (e), as so redesignated, by inserting ‘‘or
the Chaplain of the Senate, as the case may be,’’ after ‘‘The
Chairman of a committee’’.
HOUSE OF REPRESENTATIVES
SALARIES

AND

EXPENSES

For salaries and expenses of the House of Representatives,
$1,180,736,000, as follows:
HOUSE LEADERSHIP OFFICES
For salaries and expenses, as authorized by law, $22,278,891,
including: Office of the Speaker, $6,645,417, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,180,048, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $7,114,471, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$1,886,632, including $5,000 for official expenses of the Majority
Whip; Office of the Minority Whip, including the Chief Deputy
Minority Whip, $1,459,639, including $5,000 for official expenses
of the Minority Whip; Republican Conference, $1,505,426; Democratic Caucus, $1,487,258: Provided, That such amount for salaries
and expenses shall remain available from January 3, 2016 until
January 2, 2017.
MEMBERS’ REPRESENTATIONAL ALLOWANCES
INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES
MEMBERS, AND OFFICIAL MAIL

OF

For Members’ representational allowances, including Members’
clerk hire, official expenses, and official mail, $554,317,732.

H. R. 2029—418
COMMITTEE EMPLOYEES
STANDING COMMITTEES, SPECIAL

AND

SELECT

For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $123,903,173: Provided,
That such amount shall remain available for such salaries and
expenses until December 31, 2016.
COMMITTEE

ON

APPROPRIATIONS

For salaries and expenses of the Committee on Appropriations,
$23,271,004, including studies and examinations of executive agencies and temporary personal services for such committee, to be
expended in accordance with section 202(b) of the Legislative
Reorganization Act of 1946 and to be available for reimbursement
to agencies for services performed: Provided, That such amount
shall remain available for such salaries and expenses until
December 31, 2016.
SALARIES, OFFICERS

AND

EMPLOYEES

For compensation and expenses of officers and employees, as
authorized by law, $178,531,768, including: for salaries and
expenses of the Office of the Clerk, including the positions of the
Chaplain and the Historian, and including not more than $25,000
for official representation and reception expenses, of which not
more than $20,000 is for the Family Room and not more than
$2,000 is for the Office of the Chaplain, $24,980,898; for salaries
and expenses of the Office of the Sergeant at Arms, including
the position of Superintendent of Garages and the Office of Emergency Management, and including not more than $3,000 for official
representation and reception expenses, $14,827,120 of which
$4,784,229 shall remain available until expended; for salaries and
expenses of the Office of the Chief Administrative Officer including
not more than $3,000 for official representation and reception
expenses, $117,165,000, of which $1,350,000 shall remain available
until expended; for salaries and expenses of the Office of the
Inspector General, $4,741,809; for salaries and expenses of the
Office of General Counsel, $1,413,450; for salaries and expenses
of the Office of the Parliamentarian, including the Parliamentarian,
$2,000 for preparing the Digest of Rules, and not more than $1,000
for official representation and reception expenses, $1,974,606; for
salaries and expenses of the Office of the Law Revision Counsel
of the House, $3,119,766; for salaries and expenses of the Office
of the Legislative Counsel of the House, $8,352,975; for salaries
and expenses of the Office of Interparliamentary Affairs, $814,069;
for other authorized employees, $1,142,075.
ALLOWANCES

AND

EXPENSES

For allowances and expenses as authorized by House resolution
or law, $278,433,432, including: supplies, materials, administrative
costs and Federal tort claims, $3,625,236; official mail for committees, leadership offices, and administrative offices of the House,
$190,486; Government contributions for health, retirement, Social
Security, and other applicable employee benefits, $251,629,425, to
remain available until March 31, 2017; Business Continuity and

H. R. 2029—419
Disaster Recovery, $16,217,008 of which $5,000,000 shall remain
available until expended; transition activities for new members
and staff, $2,084,000, to remain available until expended; Wounded
Warrior Program $2,500,000, to remain available until expended;
Office of Congressional Ethics, $1,467,030; and miscellaneous items
including purchase, exchange, maintenance, repair and operation
of House motor vehicles, interparliamentary receptions, and gratuities to heirs of deceased employees of the House, $720,247.
ADMINISTRATIVE PROVISIONS
REQUIRING AMOUNTS REMAINING IN MEMBERS’ REPRESENTATIONAL
ALLOWANCES TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE
THE FEDERAL DEBT

SEC. 101. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EXPENSES—MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ shall be available only for fiscal year 2016.
Any amount remaining after all payments are made under such
allowances for fiscal year 2016 shall be deposited in the Treasury
and used for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury
considers appropriate).
(b) REGULATIONS.—The Committee on House Administration
of the House of Representatives shall have authority to prescribe
regulations to carry out this section.
(c) DEFINITION.—As used in this section, the term ‘‘Member
of the House of Representatives’’ means a Representative in, or
a Delegate or Resident Commissioner to, the Congress.
DELIVERY OF BILLS AND RESOLUTIONS

SEC. 102. None of the funds made available in this Act may
be used to deliver a printed copy of a bill, joint resolution, or
resolution to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress)
unless the Member requests a copy.
DELIVERY OF CONGRESSIONAL RECORD

SEC. 103. None of the funds made available by this Act may
be used to deliver a printed copy of any version of the Congressional
Record to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress).
LIMITATION ON AMOUNT AVAILABLE TO LEASE VEHICLES

SEC. 104. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of Representatives to make any payments from any Members’ Representational Allowance for the leasing of a vehicle, excluding mobile
district offices, in an aggregate amount that exceeds $1,000 for
the vehicle in any month.

H. R. 2029—420
LIMITATION ON PRINTED COPIES OF U.S. CODE TO HOUSE

SEC. 105. None of the funds made available by this Act may
be used to provide an aggregate number of more than 50 printed
copies of any edition of the United States Code to all offices of
the House of Representatives.
DELIVERY OF REPORTS OF DISBURSEMENTS

SEC. 106. None of the funds made available by this Act may
be used to deliver a printed copy of the report of disbursements
for the operations of the House of Representatives under section
106 of the House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 5535) to the office of a Member
of the House of Representatives (including a Delegate or Resident
Commissioner to the Congress).
DELIVERY OF DAILY CALENDAR

SEC. 107. None of the funds made available by this Act may
be used to deliver to the office of a Member of the House of
Representatives (including a Delegate or Resident Commissioner
to the Congress) a printed copy of the Daily Calendar of the House
of Representatives which is prepared by the Clerk of the House
of Representatives.
DELIVERY OF CONGRESSIONAL PICTORIAL DIRECTORY

SEC. 108. None of the funds made available by this Act may
be used to deliver a printed copy of the Congressional Pictorial
Directory to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress).
JOINT ITEMS
For Joint Committees, as follows:
JOINT ECONOMIC COMMITTEE
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES
2017

OF

For salaries and expenses associated with conducting the inaugural ceremonies of the President and Vice President of the United
States, January 20, 2017, in accordance with such program as
may be adopted by the joint congressional committee authorized
to conduct the inaugural ceremonies of 2017, $1,250,000 to be
disbursed by the Secretary of the Senate and to remain available
until September 30, 2017: Provided, That funds made available
under this heading shall be available for payment, on a direct
or reimbursable basis, whether incurred on, before, or after, October
1, 2016: Provided further, That the compensation of any employee
of the Committee on Rules and Administration of the Senate who
has been designated to perform service with respect to the inaugural
ceremonies of 2017 shall continue to be paid by the Committee
on Rules and Administration, but the account from which such

H. R. 2029—421
staff member is paid may be reimbursed for the services of the
staff member out of funds made available under this heading:
Provided further, That there are authorized to be paid from the
appropriations account for ‘‘Expenses of Inquiries and Investigations’’ of the Senate such sums as may be necessary, without
fiscal year limitation, for agency contributions related to the compensation of employees of the joint congressional committee.
JOINT COMMITTEE

ON

TAXATION

For salaries and expenses of the Joint Committee on Taxation,
$10,095,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
For other joint items, as follows:
OFFICE

OF THE

ATTENDING PHYSICIAN

For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $725 per month to 2 assistants and
$580 per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,692,000 for reimbursement to the Department of
the Navy for expenses incurred for staff and equipment
assigned to the Office of the Attending Physician, which shall
be advanced and credited to the applicable appropriation or
appropriations from which such salaries, allowances, and other
expenses are payable and shall be available for all the purposes
thereof, $3,784,000, to be disbursed by the Chief Administrative
Officer of the House of Representatives.
OFFICE

OF

CONGRESSIONAL ACCESSIBILITY SERVICES
SALARIES AND EXPENSES

For salaries and expenses of the Office of Congressional Accessibility Services, $1,400,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
SALARIES
For salaries of employees of the Capitol Police, including overtime, hazardous duty pay, and Government contributions for health,
retirement, social security, professional liability insurance, and
other applicable employee benefits, $309,000,000 of which overtime
shall not exceed $30,928,000 unless the Committee on Appropriations of the House and Senate are notified, to be disbursed by
the Chief of the Capitol Police or his designee.

H. R. 2029—422
GENERAL EXPENSES
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment
and installation, uniforms, weapons, supplies, materials, training,
medical services, forensic services, stenographic services, personal
and professional services, the employee assistance program, the
awards program, postage, communication services, travel advances,
relocation of instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol Police
in connection with official representation and reception expenses,
$66,000,000, to be disbursed by the Chief of the Capitol Police
or his designee: Provided, That, notwithstanding any other provision
of law, the cost of basic training for the Capitol Police at the
Federal Law Enforcement Training Center for fiscal year 2016
shall be paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security.
ADMINISTRATIVE PROVISION
DEPOSIT OF REIMBURSEMENTS FOR LAW ENFORCEMENT ASSISTANCE

SEC. 1001. (a) IN GENERAL.—Section 2802(a)(1) of the Supplemental Appropriations Act, 2001 (2 U.S.C. 1905(a)(1)) is amended
by striking ‘‘District of Columbia)’’ and inserting the following:
‘‘District of Columbia), and from any other source in the case
of assistance provided in connection with an activity that was
not sponsored by Congress’’.
(b) CONFORMING AMENDMENT.—Section 2802(a)(2) of such Act
(2 U.S.C. 1905(a)(2)) is amended by striking ‘‘law enforcement
assistance to any Federal, State, or local government agency
(including any agency of the District of Columbia)’’ and inserting
‘‘any law enforcement assistance for which reimbursement described
in paragraph (1) is made’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall only apply with respect to any reimbursement received before,
on, or after the date of the enactment of the Act.
OFFICE OF COMPLIANCE
SALARIES

AND

EXPENSES

For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability Act
of 1995 (2 U.S.C. 1385), $3,959,000, of which $450,000 shall remain
available until September 30, 2017: Provided, That not more than
$500 may be expended on the certification of the Executive Director
of the Office of Compliance in connection with official representation
and reception expenses.
CONGRESSIONAL BUDGET OFFICE
SALARIES

AND

EXPENSES

For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to
be expended on the certification of the Director of the Congressional

H. R. 2029—423
Budget Office in connection with official representation and reception expenses, $46,500,000.
ARCHITECT OF THE CAPITOL
CAPITAL CONSTRUCTION

AND

OPERATIONS

For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House
office buildings, and other facilities under the jurisdiction of the
Architect of the Capitol; including furnishings and office equipment;
including not more than $5,000 for official reception and representation expenses, to be expended as the Architect of the Capitol may
approve; for purchase or exchange, maintenance, and operation
of a passenger motor vehicle, $91,589,000.
CAPITOL BUILDING
For all necessary expenses for the maintenance, care and operation of the Capitol, $46,737,000, of which $22,737,000 shall remain
available until September 30, 2020.
CAPITOL GROUNDS
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings,
and the Capitol Power Plant, $11,880,000, of which $2,000,000
shall remain available until September 30, 2020.
SENATE OFFICE BUILDINGS
For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to
be expended under the control and supervision of the Architect
of the Capitol, $84,221,000, of which $26,283,000 shall remain
available until September 30, 2020.
HOUSE OFFICE BUILDINGS
For all necessary expenses for the maintenance, care and operation of the House office buildings, $174,962,000, of which
$48,885,000 shall remain available until September 30, 2020, and
of which $62,000,000 shall remain available until expended for
the restoration and renovation of the Cannon House Office Building.
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $10,000,000, to remain available until
expended.
CAPITOL POWER PLANT
For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including
the purchase of electrical energy) and water and sewer services
for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden,

H. R. 2029—424
Senate garage, and air conditioning refrigeration not supplied from
plants in any of such buildings; heating the Government Publishing
Office and Washington City Post Office, and heating and chilled
water for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal Judiciary
Building and the Folger Shakespeare Library, expenses for which
shall be advanced or reimbursed upon request of the Architect
of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation, $94,722,499, of
which $17,581,499 shall remain available until September 30, 2020:
Provided, That not more than $9,000,000 of the funds credited
or to be reimbursed to this appropriation as herein provided shall
be available for obligation during fiscal year 2016.
LIBRARY BUILDINGS

AND

GROUNDS

For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and
grounds, $40,689,000, of which $15,746,000 shall remain available
until September 30, 2020.
CAPITOL POLICE BUILDINGS, GROUNDS,

AND

SECURITY

For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the United
States Capitol Police, wherever located, the Alternate Computer
Facility, and AOC security operations, $25,434,000, of which
$7,901,000 shall remain available until September 30, 2020.
BOTANIC GARDEN
For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds,
and collections; and purchase and exchange, maintenance, repair,
and operation of a passenger motor vehicle; all under the direction
of the Joint Committee on the Library, $12,113,000, of which
$2,100,000 shall remain available until September 30, 2020: Provided, That, of the amount made available under this heading,
the Architect of the Capitol may obligate and expend such sums
as may be necessary for the maintenance, care and operation of
the National Garden established under section 307E of the Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers
approved by the Architect of the Capitol or a duly authorized
designee.
CAPITOL VISITOR CENTER
For all necessary expenses for the operation of the Capitol
Visitor Center, $20,557,000.
ADMINISTRATIVE PROVISIONS
NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE OR OVER BUDGET

SEC. 1101. None of the funds made available in this Act for
the Architect of the Capitol may be used to make incentive or
award payments to contractors for work on contracts or programs
for which the contractor is behind schedule or over budget, unless

H. R. 2029—425
the Architect of the Capitol, or agency-employed designee, determines that any such deviations are due to unforeseeable events,
government-driven scope changes, or are not significant within the
overall scope of the project and/or program.
SCRIMS

SEC. 1102. None of the funds made available by this Act may
be used for scrims containing photographs of building facades during
restoration or construction projects performed by the Architect of
the Capitol.
ACQUISITION OF PARCEL AT FORT MEADE

SEC. 1103. (a) ACQUISITION.—The Architect of the Capitol is
authorized to acquire from the Maryland State Highway Administration, at no cost to the United States, a parcel of real property
(including improvements thereon) consisting of approximately 7.34
acres located within the portion of Fort George G. Meade in Anne
Arundel County, Maryland, that was transferred to the Architect
of the Capitol by the Secretary of the Army pursuant to section
122 of the Military Construction Appropriations Act, 1994 (2 U.S.C.
141 note).
(b) TERMS AND CONDITIONS.—The terms and conditions
applicable under subsections (b) and (d) of section 122 of the Military Construction Appropriations Act, 1994 (2 U.S.C. 141 note)
to the property acquired by the Architect of the Capitol pursuant
to such section shall apply to the real property acquired by the
Architect pursuant to the authority of this section.
LIBRARY OF CONGRESS
SALARIES

AND

EXPENSES

For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library’s catalogs; custody and custodial care of the Library
buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library;
operation and maintenance of the American Folklife Center in
the Library; preparation and distribution of catalog records and
other publications of the Library; hire or purchase of one passenger
motor vehicle; and expenses of the Library of Congress Trust Fund
Board not properly chargeable to the income of any trust fund
held by the Board, $425,971,000, of which not more than $6,000,000
shall be derived from collections credited to this appropriation
during fiscal year 2016, and shall remain available until expended,
under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from
collections during fiscal year 2016 and shall remain available until
expended for the development and maintenance of an international
legal information database and activities related thereto: Provided,
That the Library of Congress may not obligate or expend any
funds derived from collections under the Act of June 28, 1902,
in excess of the amount authorized for obligation or expenditure
in appropriations Acts: Provided further, That the total amount
available for obligation shall be reduced by the amount by which
collections are less than $6,350,000: Provided further, That, of the

H. R. 2029—426
total amount appropriated, not more than $12,000 may be expended,
on the certification of the Librarian of Congress, in connection
with official representation and reception expenses for the Overseas
Field Offices: Provided further, That of the total amount appropriated, $8,231,000 shall remain available until expended for the
digital collections and educational curricula program: Provided further, That, of the total amount appropriated, $1,300,000 shall
remain available until expended for upgrade of the Legislative
Branch Financial Management System.
COPYRIGHT OFFICE
SALARIES AND EXPENSES

For all necessary expenses of the Copyright Office, $58,875,000,
of which not more than $30,000,000, to remain available until
expended, shall be derived from collections credited to this appropriation during fiscal year 2016 under section 708(d) of title 17,
United States Code: Provided, That the Copyright Office may not
obligate or expend any funds derived from collections under such
section, in excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That not more than
$5,777,000 shall be derived from collections during fiscal year 2016
under sections 111(d)(2), 119(b)(3), 803(e), 1005, and 1316 of such
title: Provided further, That the total amount available for obligation
shall be reduced by the amount by which collections are less than
$35,777,000: Provided further, That not more than $100,000 of
the amount appropriated is available for the maintenance of an
‘‘International Copyright Institute’’ in the Copyright Office of the
Library of Congress for the purpose of training nationals of developing countries in intellectual property laws and policies: Provided
further, That not more than $6,500 may be expended, on the certification of the Librarian of Congress, in connection with official
representation and reception expenses for activities of the International Copyright Institute and for copyright delegations, visitors,
and seminars: Provided further, That, notwithstanding any provision of chapter 8 of title 17, United States Code, any amounts
made available under this heading which are attributable to royalty
fees and payments received by the Copyright Office pursuant to
sections 111, 119, and chapter 10 of such title may be used for
the costs incurred in the administration of the Copyright Royalty
Judges program, with the exception of the costs of salaries and
benefits for the Copyright Royalty Judges and staff under section
802(e).
CONGRESSIONAL RESEARCH SERVICE
SALARIES AND EXPENSES

For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166)
and to revise and extend the Annotated Constitution of the United
States of America, $106,945,000: Provided, That no part of such
amount may be used to pay any salary or expense in connection
with any publication, or preparation of material therefor (except
the Digest of Public General Bills), to be issued by the Library
of Congress unless such publication has obtained prior approval
of either the Committee on House Administration of the House

H. R. 2029—427
of Representatives or the Committee on Rules and Administration
of the Senate.
BOOKS

FOR THE

BLIND

AND

PHYSICALLY HANDICAPPED

SALARIES AND EXPENSES

For all necessary expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $50,248,000:
Provided, That of the total amount appropriated, $650,000 shall
be available to contract to provide newspapers to blind and physically handicapped residents at no cost to the individual.
ADMINISTRATIVE PROVISIONS
REIMBURSABLE AND REVOLVING FUND ACTIVITIES

SEC. 1201. (a) IN GENERAL.—For fiscal year 2016, the
obligational authority of the Library of Congress for the activities
described in subsection (b) may not exceed $186,015,000.
(b) ACTIVITIES.—The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from
sources other than appropriations to the Library in appropriations
Acts for the legislative branch.
LIBRARIAN OF CONGRESS EMERITUS

SEC. 1202. (a) DESIGNATION OF JAMES BILLINGTON AS LIBRARIAN
CONGRESS EMERITUS.—As an honorary designation, James H.
Billington, upon leaving service as the Librarian of Congress, may
be known as the Librarian of Congress Emeritus.
(b) NO APPOINTMENT TO GOVERNMENT SERVICE; AVAILABILITY
OF INCIDENTAL SUPPORT.—The honorary designation under this
section does not constitute an appointment to a position in the
Federal Government under title 5, United States Code. Notwithstanding the previous sentence, in connection with his activities
as Librarian of Congress Emeritus, James H. Billington may receive
incidental administrative and clerical support through the Library
of Congress.
OF

GOVERNMENT PUBLISHING OFFICE
CONGRESSIONAL PUBLISHING
(INCLUDING TRANSFER OF FUNDS)

For authorized publishing of congressional information and the
distribution of congressional information in any format; expenses
necessary for preparing the semimonthly and session index to the
Congressional Record, as authorized by law (section 902 of title
44, United States Code); publishing of Government publications
authorized by law to be distributed to Members of Congress; and
publishing, and distribution of Government publications authorized
by law to be distributed without charge to the recipient,
$79,736,000: Provided, That this appropriation shall not be available for paper copies of the permanent edition of the Congressional
Record for individual Representatives, Resident Commissioners or
Delegates authorized under section 906 of title 44, United States

H. R. 2029—428
Code: Provided further, That this appropriation shall be available
for the payment of obligations incurred under the appropriations
for similar purposes for preceding fiscal years: Provided further,
That notwithstanding the 2-year limitation under section 718 of
title 44, United States Code, none of the funds appropriated or
made available under this Act or any other Act for printing and
binding and related services provided to Congress under chapter
7 of title 44, United States Code, may be expended to print a
document, report, or publication after the 27-month period beginning on the date that such document, report, or publication is
authorized by Congress to be printed, unless Congress reauthorizes
such printing in accordance with section 718 of title 44, United
States Code: Provided further, That any unobligated or unexpended
balances in this account or accounts for similar purposes for preceding fiscal years may be transferred to the Government Publishing Office Business Operations Revolving Fund for carrying
out the purposes of this heading, subject to the approval of the
Committees on Appropriations of the House of Representatives and
Senate: Provided further, That notwithstanding sections 901, 902,
and 906 of title 44, United States Code, this appropriation may
be used to prepare indexes to the Congressional Record on only
a monthly and session basis.
PUBLIC INFORMATION PROGRAMS OF THE SUPERINTENDENT
DOCUMENTS

OF

SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For expenses of the public information programs of the Office
of Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications and their distribution to the public, Members of Congress, other Government agencies, and designated depository and international exchange libraries
as authorized by law, $30,500,000: Provided, That amounts of not
more than $2,000,000 from current year appropriations are authorized for producing and disseminating Congressional serial sets and
other related publications for fiscal years 2014 and 2015 to depository and other designated libraries: Provided further, That any
unobligated or unexpended balances in this account or accounts
for similar purposes for preceding fiscal years may be transferred
to the Government Publishing Office Business Operations Revolving
Fund for carrying out the purposes of this heading, subject to
the approval of the Committees on Appropriations of the House
of Representatives and Senate.
GOVERNMENT PUBLISHING OFFICE BUSINESS OPERATIONS
REVOLVING FUND
For payment to the Government Publishing Office Business
Operations Revolving Fund, $6,832,000, to remain available until
expended, for information technology development and facilities
repair: Provided, That the Government Publishing Office is hereby
authorized to make such expenditures, within the limits of funds
available and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may

H. R. 2029—429
be necessary in carrying out the programs and purposes set forth
in the budget for the current fiscal year for the Government Publishing Office Business Operations Revolving Fund: Provided further, That not more than $7,500 may be expended on the certification of the Director of the Government Publishing Office in
connection with official representation and reception expenses: Provided further, That the business operations revolving fund shall
be available for the hire or purchase of not more than 12 passenger
motor vehicles: Provided further, That expenditures in connection
with travel expenses of the advisory councils to the Director of
the Government Publishing Office shall be deemed necessary to
carry out the provisions of title 44, United States Code: Provided
further, That the business operations revolving fund shall be available for temporary or intermittent services under section 3109(b)
of title 5, United States Code, but at rates for individuals not
more than the daily equivalent of the annual rate of basic pay
for level V of the Executive Schedule under section 5316 of such
title: Provided further, That activities financed through the business
operations revolving fund may provide information in any format:
Provided further, That the business operations revolving fund and
the funds provided under the heading ‘‘Public Information Programs
of the Superintendent of Documents’’ may not be used for contracted
security services at GPO’s passport facility in the District of
Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
SALARIES

AND

EXPENSES

For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States in
connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than
the daily equivalent of the annual rate of basic pay for level IV
of the Executive Schedule under section 5315 of such title; hire
of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States
Code; benefits comparable to those payable under sections 901(5),
(6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in foreign
countries, $531,000,000: Provided, That, in addition, $25,450,000
of payments received under sections 782, 791, 3521, and 9105
of title 31, United States Code, shall be available without fiscal
year limitation: Provided further, That this appropriation and
appropriations for administrative expenses of any other department
or agency which is a member of the National Intergovernmental
Audit Forum or a Regional Intergovernmental Audit Forum shall
be available to finance an appropriate share of either Forum’s
costs as determined by the respective Forum, including necessary
travel expenses of non-Federal participants: Provided further, That
payments hereunder to the Forum may be credited as reimbursements to any appropriation from which costs involved are initially
financed.

H. R. 2029—430
ADMINISTRATIVE PROVISION
FEDERAL GOVERNMENT DETAILS

SEC. 1301. (a) PERMITTING DETAILS FROM OTHER FEDERAL
OFFICES.—Section 731 of title 31, United States Code, is amended
by adding at the end the following new subsection:
‘‘(k) FEDERAL GOVERNMENT DETAILS.—The activities of the
Government Accountability Office may, in the reasonable discretion
of the Comptroller General, be carried out by receiving details
of personnel from other offices of the Federal Government on a
reimbursable, partially-reimbursable, or nonreimbursable basis.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to fiscal year 2016 and each succeeding
fiscal year.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership Center
under section 313 of the Legislative Branch Appropriations Act,
2001 (2 U.S.C. 1151), $5,600,000: Provided, That funds made available to support Russian participants shall only be used for those
engaging in free market development, humanitarian activities, and
civic engagement, and shall not be used for officials of the central
government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING
AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John
C. Stennis Center for Public Service Training and Development
Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
MAINTENANCE AND CARE OF PRIVATE VEHICLES

SEC. 201. No part of the funds appropriated in this Act shall
be used for the maintenance or care of private vehicles, except
for emergency assistance and cleaning as may be provided under
regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for
the Senate issued by the Committee on Rules and Administration.
FISCAL YEAR LIMITATION

SEC. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2016 unless
expressly so provided in this Act.
RATES OF COMPENSATION AND DESIGNATION

SEC. 203. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32

H. R. 2029—431
et seq.) is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from
that specifically established by such Act, the rate of compensation
and the designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act for the
various items of official expenses of Members, officers, and committees of the Senate and House of Representatives, and clerk hire
for Senators and Members of the House of Representatives shall
be the permanent law with respect thereto.
CONSULTING SERVICES

SEC. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, under
section 3109 of title 5, United States Code, shall be limited to
those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued under existing law.
COSTS OF LBFMC

SEC. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the Legislative
Branch Financial Managers Council (LBFMC) established by
charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except
that the total LBFMC costs to be shared among all participating
legislative branch entities (in such allocations among the entities
as the entities may determine) may not exceed $2,000.
LANDSCAPE MAINTENANCE

SEC. 206. For fiscal year 2016 and each fiscal year thereafter,
the Architect of the Capitol, in consultation with the District of
Columbia, is authorized to maintain and improve the landscape
features, excluding streets, in Square 580 up to the beginning
of I–395.
LIMITATION ON TRANSFERS

SEC. 207. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriation Act.
GUIDED TOURS OF THE CAPITOL

SEC. 208. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in this
Act may be used to eliminate or restrict guided tours of the United
States Capitol which are led by employees and interns of offices
of Members of Congress and other offices of the House of Representatives and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol

H. R. 2029—432
which are led by employees and interns described in subsection
(a) may be suspended temporarily or otherwise subject to restriction
for security or related reasons to the same extent as guided tours
of the United States Capitol which are led by the Architect of
the Capitol.
BATTERY RECHARGING STATIONS FOR PRIVATELY OWNED VEHICLES IN
PARKING AREAS UNDER THE JURISDICTION OF THE LIBRARIAN OF
CONGRESS AT NO NET COST TO THE FEDERAL GOVERNMENT

SEC. 209. (a) DEFINITION.—In this section, the term ‘‘covered
employee’’ means—
(1) an employee of the Library of Congress; or
(2) any other individual who is authorized to park in any
parking area under the jurisdiction of the Library of Congress
on the Library of Congress buildings and grounds.
(b) AUTHORITY.—
(1) IN GENERAL.—Subject to paragraph (3), funds appropriated to the Architect of the Capitol under the heading ‘‘Capitol Power Plant’’ under the heading ‘‘ARCHITECT OF THE
CAPITOL’’ in any fiscal year are available to construct, operate,
and maintain on a reimbursable basis battery recharging stations in parking areas under the jurisdiction of the Library
of Congress on Library of Congress buildings and grounds
for use by privately owned vehicles used by covered employees.
(2) VENDORS AUTHORIZED.—In carrying out paragraph (1),
the Architect of the Capitol may use one or more vendors
on a commission basis.
(3) APPROVAL OF CONSTRUCTION.—The Architect of the Capitol may construct or direct the construction of battery recharging stations described under paragraph (1) after—
(A) submission of written notice detailing the numbers
and locations of the battery recharging stations to the
Joint Committee on the Library; and
(B) approval by that Committee.
(c) FEES AND CHARGES.—
(1) IN GENERAL.—Subject to paragraph (2), the Architect
of the Capitol shall charge fees or charges for electricity provided to covered employees sufficient to cover the costs to
the Architect of the Capitol to carry out this section, including
costs to any vendors or other costs associated with maintaining
the battery charging stations.
(2) APPROVAL OF FEES OR CHARGES.—The Architect of the
Capitol may establish and adjust fees or charges under paragraph (1) after—
(A) submission of written notice detailing the amount
of the fee or charge to be established or adjusted to the
Joint Committee on the Library; and
(B) approval by that Committee.
(d) DEPOSIT AND AVAILABILITY OF FEES, CHARGES, AND COMMISSIONS.—Any fees, charges, or commissions collected by the Architect
of the Capitol under this section shall be—
(1) deposited in the Treasury to the credit of the appropriations account described under subsection (b); and
(2) available for obligation without further appropriation
during the fiscal year collected.
(e) REPORTS.—

H. R. 2029—433
(1) IN GENERAL.—Not later than 30 days after the end
of each fiscal year, the Architect of the Capitol shall submit
a report on the financial administration and cost recovery of
activities under this section with respect to that fiscal year
to the Joint Committee on the Library and the Committees
on Appropriations of the House of Representatives and Senate.
(2) AVOIDING SUBSIDY.—
(A) DETERMINATION.—Not later than 3 years after the
date of enactment of this Act and every 3 years thereafter,
the Architect of the Capitol shall submit a report to the
Joint Committee on the Library determining whether covered employees using battery charging stations as authorized by this section are receiving a subsidy from the taxpayers.
(B) MODIFICATION OF RATES AND FEES.—If a determination is made under subparagraph (A) that a subsidy is
being received, the Architect of the Capitol shall submit
a plan to the Joint Committee on the Library on how
to update the program to ensure no subsidy is being
received. If the Joint Committee does not act on the plan
within 60 days, the Architect of the Capitol shall take
appropriate steps to increase rates or fees to ensure
reimbursement for the cost of the program consistent with
an appropriate schedule for amortization, to be charged
to those using the charging stations.
(f) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2016 and each fiscal year thereafter.
SELF-CERTIFICATION OF PERFORMANCE APPRAISAL SYSTEMS FOR
SENIOR-LEVEL EMPLOYEES

SEC. 210. (a) SELF-CERTIFICATION BY LIBRARIAN OF CONGRESS,
ARCHITECT OF THE CAPITOL, AND DIRECTOR OF GOVERNMENT PUBLISHING OFFICE.—Section 5307(d) of title 5, United States Code,
is amended—
(1) in paragraph (1)(A), by striking ‘‘this title or section
332(f), 603, or 604 of title 28’’ and inserting ‘‘this title, section
332(f), 603, or 604 of title 28, or section 108 of the Legislative
Branch Appropriations Act, 1991 (2 U.S.C. 1849)’’; and
(2) by adding at the end the following new paragraph:
‘‘(5)(A) Notwithstanding any provision of paragraph (3),
any regulations, certifications, or other measures necessary
to carry out this subsection—
‘‘(i) with respect to employees of the Library of Congress shall be the responsibility of the Librarian of Congress;
‘‘(ii) with respect to employees of the Office of the
Architect of the Capitol shall be the responsibility of the
Architect of the Capitol; and
‘‘(iii) with respect to employees of the Government
Publishing Office shall be the responsibility of the Director
of the Government Publishing Office.
‘‘(B) The regulations under this paragraph shall be consistent with those promulgated under paragraph (3).’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.

H. R. 2029—434
This division may be cited as the ‘‘Legislative Branch Appropriations Act, 2016’’.
DIVISION J—MILITARY CONSTRUCTION AND VETERANS
AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS
ACT, 2016
TITLE I
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION, ARMY
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation,
and for construction and operation of facilities in support of the
functions of the Commander in Chief, $663,245,000, to remain
available until September 30, 2020: Provided, That, of this amount,
not to exceed $109,245,000 shall be available for study, planning,
design, architect and engineer services, and host nation support,
as authorized by law, unless the Secretary of the Army determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor.
MILITARY CONSTRUCTION, NAVY

AND

MARINE CORPS

For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently
authorized by law, including personnel in the Naval Facilities
Engineering Command and other personal services necessary for
the purposes of this appropriation, $1,669,239,000, to remain available until September 30, 2020: Provided, That, of this amount,
not to exceed $91,649,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination
and the reasons therefor: Provided further, That none of the funds
made available under this heading may be obligated for the Townsend Bombing Range Expansion, Phase 2, until the Secretary of
the Navy enters into an agreement with local stakeholders that
addresses the disposition and management of the timber and forest
resources in the proposed areas of expansion.
MILITARY CONSTRUCTION, AIR FORCE
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized
by law, $1,389,185,000, to remain available until September 30,
2020: Provided, That of this amount, not to exceed $89,164,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of

H. R. 2029—435
the Air Force determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons
therefor.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)

For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of
Defense (other than the military departments), as currently authorized by law, $2,242,867,000, to remain available until September
30, 2020: Provided, That such amounts of this appropriation as
may be determined by the Secretary of Defense may be transferred
to such appropriations of the Department of Defense available for
military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided further, That of the amount appropriated, not to exceed $175,404,000 shall be available for study,
planning, design, and architect and engineer services, as authorized
by law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the funds
made available by this title to construct fiscal year 2016 Special
Operations Command military construction projects, not to exceed
75 percent shall be available until the Commander of the Special
Operations Command has complied with the certification and
reporting requirements in the last proviso under the heading
‘‘Department of Defense—Military Construction, Defense-Wide’’ in
title I of H.R. 2029, as passed by the House of Representatives
on April 30, 2015.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $197,237,000, to remain available
until September 30, 2020: Provided, That, of the amount appropriated, not to exceed $20,337,000 shall be available for study,
planning, design, and architect and engineer services, as authorized
by law, unless the Director of the Army National Guard determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $138,738,000, to remain available until

H. R. 2029—436
September 30, 2020: Provided, That, of the amount appropriated,
not to exceed $5,104,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Director of the Air National Guard determines that
additional obligations are necessary for such purposes and notifies
the Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.
MILITARY CONSTRUCTION, ARMY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$113,595,000, to remain available until September 30, 2020: Provided, That, of the amount appropriated, not to exceed $9,318,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of the
Army Reserve determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons
therefor.
MILITARY CONSTRUCTION, NAVY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $36,078,000, to remain available
until September 30, 2020: Provided, That, of the amount appropriated, not to exceed $2,208,000 shall be available for study, planning, design, and architect and engineer services, as authorized
by law, unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air Force Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$65,021,000, to remain available until September 30, 2020: Provided, That, of the amount appropriated, not to exceed $13,400,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of the
Air Force Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the
reasons therefor.

H. R. 2029—437
NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations
(including international military headquarters) and for related
expenses for the collective defense of the North Atlantic Treaty
Area as authorized by section 2806 of title 10, United States Code,
and Military Construction Authorization Acts, $135,000,000, to
remain available until expended.
FAMILY HOUSING CONSTRUCTION, ARMY
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension,
and alteration, as authorized by law, $108,695,000, to remain available until September 30, 2020.
FAMILY HOUSING OPERATION

AND

MAINTENANCE, ARMY

For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as
authorized by law, $375,611,000.
FAMILY HOUSING CONSTRUCTION, NAVY

AND

MARINE CORPS

For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$16,541,000, to remain available until September 30, 2020.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY
MARINE CORPS

AND

For expenses of family housing for the Navy and Marine Corps
for operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and insurance
premiums, as authorized by law, $353,036,000.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $160,498,000, to remain
available until September 30, 2020.
FAMILY HOUSING OPERATION

AND

MAINTENANCE, AIR FORCE

For expenses of family housing for the Air Force for operation
and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as
authorized by law, $331,232,000.

H. R. 2029—438
FAMILY HOUSING OPERATION

AND

MAINTENANCE, DEFENSE-WIDE

For expenses of family housing for the activities and agencies
of the Department of Defense (other than the military departments)
for operation and maintenance, leasing, and minor construction,
as authorized by law, $58,668,000.
DEPARTMENT

OF

DEFENSE BASE CLOSURE ACCOUNT

For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base Closure
and Realignment Act of 1990 (10 U.S.C. 2687 note), $266,334,000,
to remain available until expended.
ADMINISTRATIVE PROVISIONS
SEC. 101. None of the funds made available in this title shall
be expended for payments under a cost-plus-a-fixed-fee contract
for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
SEC. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
SEC. 103. Funds made available in this title for construction
may be used for advances to the Federal Highway Administration,
Department of Transportation, for the construction of access roads
as authorized by section 210 of title 23, United States Code, when
projects authorized therein are certified as important to the national
defense by the Secretary of Defense.
SEC. 104. None of the funds made available in this title may
be used to begin construction of new bases in the United States
for which specific appropriations have not been made.
SEC. 105. None of the funds made available in this title shall
be used for purchase of land or land easements in excess of 100
percent of the value as determined by the Army Corps of Engineers
or the Naval Facilities Engineering Command, except: (1) where
there is a determination of value by a Federal court; (2) purchases
negotiated by the Attorney General or the designee of the Attorney
General; (3) where the estimated value is less than $25,000; or
(4) as otherwise determined by the Secretary of Defense to be
in the public interest.
SEC. 106. None of the funds made available in this title shall
be used to: (1) acquire land; (2) provide for site preparation; or
(3) install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for military construction.
SEC. 107. None of the funds made available in this title for
minor construction may be used to transfer or relocate any activity
from one base or installation to another, without prior notification
to the Committees on Appropriations of both Houses of Congress.
SEC. 108. None of the funds made available in this title may
be used for the procurement of steel for any construction project
or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for
such steel procurement.
SEC. 109. None of the funds available to the Department of
Defense for military construction or family housing during the

H. R. 2029—439
current fiscal year may be used to pay real property taxes in
any foreign nation.
SEC. 110. None of the funds made available in this title may
be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress.
SEC. 111. None of the funds made available in this title may
be obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished
in Japan, in any North Atlantic Treaty Organization member
country, or in countries bordering the Arabian Gulf, unless such
contracts are awarded to United States firms or United States
firms in joint venture with host nation firms.
SEC. 112. None of the funds made available in this title for
military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering
the Arabian Gulf, may be used to award any contract estimated
by the Government to exceed $1,000,000 to a foreign contractor:
Provided, That this section shall not be applicable to contract
awards for which the lowest responsive and responsible bid of
a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract
awards for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a Marshallese
contractor.
SEC. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees
on Appropriations, of plans and scope of any proposed military
exercise involving United States personnel 30 days prior to its
occurring, if amounts expended for construction, either temporary
or permanent, are anticipated to exceed $100,000.
SEC. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
SEC. 115. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed
for obligation, expired or lapsed funds may be used to pay the
cost of associated supervision, inspection, overhead, engineering
and design on those projects and on subsequent claims, if any.
SEC. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency
for the construction of military projects may be obligated for a
military construction project or contract, or for any portion of such
a project or contract, at any time before the end of the fourth
fiscal year after the fiscal year for which funds for such project
were made available, if the funds obligated for such project: (1)
are obligated from funds available for military construction projects;
and (2) do not exceed the amount appropriated for such project,
plus any amount by which the cost of such project is increased
pursuant to law.
(INCLUDING TRANSFER OF FUNDS)

SEC. 117. Subject to 30 days prior notification, or 14 days
for a notification provided in an electronic medium pursuant to

H. R. 2029—440
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated
for construction in ‘‘Family Housing’’ accounts, to be merged with
and to be available for the same purposes and for the same period
of time as amounts appropriated directly to the Fund; or (2) the
Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ‘‘Military Construction’’ accounts, to be
merged with and to be available for the same purposes and for
the same period of time as amounts appropriated directly to the
Fund: Provided, That appropriations made available to the Funds
shall be available to cover the costs, as defined in section 502(5)
of the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United States
Code, pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and supporting facilities.
(INCLUDING TRANSFER OF FUNDS)

SEC. 118. In addition to any other transfer authority available
to the Department of Defense, amounts may be transferred from
the Department of Defense Base Closure Account to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for expenses
associated with the Homeowners Assistance Program incurred
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be
merged with and be available for the same purposes and for the
same time period as the fund to which transferred.
SEC. 119. Notwithstanding any other provision of law, funds
made available in this title for operation and maintenance of family
housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer
quarters: Provided, That not more than $35,000 per unit may
be spent annually for the maintenance and repair of any general
or flag officer quarters without 30 days prior notification, or 14
days for a notification provided in an electronic medium pursuant
to sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, except
that an after-the-fact notification shall be submitted if the limitation
is exceeded solely due to costs associated with environmental
remediation that could not be reasonably anticipated at the time
of the budget submission: Provided further, That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation
and maintenance expenditures for each individual general or flag
officer quarters for the prior fiscal year.
SEC. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title 10,
United States Code, are appropriated and shall be available until
expended for the purposes specified in subsection (i)(1) of such
section or until transferred pursuant to subsection (i)(3) of such
section.

H. R. 2029—441
(INCLUDING TRANSFER OF FUNDS)

SEC. 121. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such
appropriations will not be necessary for the liquidation of obligations
or for making authorized adjustments to such appropriations for
obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation ‘‘Foreign Currency Fluctuations,
Construction, Defense’’, to be merged with and to be available
for the same time period and for the same purposes as the appropriation to which transferred.
SEC. 122. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used by the Secretary
of the Army to relocate a unit in the Army that—
(1) performs a testing mission or function that is not performed by any other unit in the Army and is specifically stipulated in title 10, United States Code; and
(2) is located at a military installation at which the total
number of civilian employees of the Department of the Army
and Army contractor personnel employed exceeds 10 percent
of the total number of members of the regular and reserve
components of the Army assigned to the installation.
(b) EXCEPTION.—Subsection (a) shall not apply if the Secretary
of the Army certifies to the congressional defense committees that
in proposing the relocation of the unit of the Army, the Secretary
complied with Army Regulation 5–10 relating to the policy, procedures, and responsibilities for Army stationing actions.
SEC. 123. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military
construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R,
Volume 3, Chapter 7, of February 2009, as in effect on the date
of enactment of this Act.
SEC. 124. None of the funds made available in this title may
be obligated or expended for planning and design and construction
of projects at Arlington National Cemetery.
(RESCISSION OF FUNDS)

SEC. 125. Of the unobligated balances available for ‘‘Military
Construction, Army’’ and ‘‘Family Housing Construction, Army’’,
from prior appropriation Acts (other than appropriations designated
by law as being for contingency operations directly related to the
global war on terrorism or as an emergency requirement),
$86,420,000 are hereby rescinded.
(RESCISSION OF FUNDS)

SEC. 126. Of the unobligated balances available for ‘‘Military
Construction, Air Force’’, from prior appropriation Acts (other than
appropriations designated by law as being for contingency operations directly related to the global war on terrorism or as an
emergency requirement), $46,400,000 are hereby rescinded.

H. R. 2029—442
(RESCISSION OF FUNDS)

SEC. 127. Of the unobligated balances available for ‘‘Military
Construction, Defense-Wide’’, from prior appropriation Acts (other
than appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or as
an emergency requirement), $134,000,000 are hereby rescinded.
SEC. 128. For an additional amount for ‘‘Military Construction,
Army’’, $34,500,000, to remain available until September 30, 2020:
Provided, That such funds may only be obligated to carry out
construction projects identified in the Department of the Army’s
Unfunded Priority List for Fiscal Year 2016 submitted to Congress:
Provided further, That such funding is for projects as authorized
in the National Defense Authorization Act for Fiscal Year 2016:
Provided further, That, not later than 30 days after enactment
of this Act, the Secretary of the Army shall submit to the Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
SEC. 129. For an additional amount for ‘‘Military Construction,
Navy and Marine Corps’’, $34,500,000, to remain available until
September 30, 2020: Provided, That such funds may only be obligated to carry out construction projects identified in the Department
of the Navy’s Unfunded Priority List for Fiscal Year 2016: Provided
further, That such funding is for projects as authorized in the
National Defense Authorization Act for Fiscal Year 2016: Provided
further, That, not later than 30 days after enactment of this Act,
the Secretary of the Navy shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
SEC. 130. For an additional amount for ‘‘Military Construction,
Army National Guard’’, $51,300,000, to remain available until September 30, 2020: Provided, That such funds may only be obligated
to carry out construction projects identified in the Department
of the Army’s Unfunded Priority List for Fiscal Year 2016 submitted
to Congress: Provided further, That such funding is for projects
as authorized in the National Defense Authorization Act for Fiscal
Year 2016: Provided further, That, not later than 30 days after
enactment of this Act, the Secretary of the Army shall submit
to the Committees on Appropriations of both Houses of Congress
an expenditure plan for funds provided under this section.
SEC. 131. For an additional amount for ‘‘Military Construction,
Army Reserve’’, $34,200,000, to remain available until September
30, 2020: Provided, That such funds may only be obligated to
carry out construction projects identified in the Department of
the Army’s Unfunded Priority List for Fiscal Year 2016 submitted
to Congress: Provided further, That such funding is for projects
as authorized in the National Defense Authorization Act for Fiscal
Year 2016: Provided further, That, not later than 30 days after
enactment of this Act, the Secretary of the Army shall submit
to the Committees on Appropriations of both Houses of Congress
an expenditure plan for funds provided under this section.
SEC. 132. Notwithstanding section 124, for an additional
amount for ‘‘Military Construction, Army’’ in this title, $30,000,000
is provided for advances to the Federal Highway Administration,
Department of Transportation, for construction of access roads as
authorized by section 210 of title 23, United States Code.

H. R. 2029—443
SEC. 133. For an additional amount for ‘‘Military Construction,
Air Force’’, $21,000,000, to remain available until September 30,
2020: Provided, That such funds may only be obligated to carry
out construction projects identified in the Department of the Air
Force’s Unfunded Priority List for Fiscal Year 2016 submitted to
Congress: Provided further, That such funding is for projects as
authorized in the National Defense Authorization Act for Fiscal
Year 2016: Provided further, That not later than 30 days after
enactment of this Act, the Secretary of the Air Force shall submit
to the Committees on Appropriations of both Houses of Congress
an expenditure plan for funds provided under this section.
SEC. 134. For an additional amount for ‘‘Military Construction,
Air National Guard’’, $6,100,000, to remain available until September 30, 2020: Provided, That such funds may only be obligated
to carry out construction projects identified in the Department
of the Air Force’s Unfunded Priority List for Fiscal Year 2016
submitted to Congress: Provided further, That such funding is for
projects as authorized in the National Defense Authorization Act
for Fiscal Year 2016: Provided further, That not later than 30
days after enactment of this Act, the Secretary of the Air Force
shall submit to the Committees on Appropriations of both Houses
of Congress an expenditure plan for funds provided under this
section.
SEC. 135. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Committees on Armed Services
of the House of Representatives and the Senate, the Subcommittee
on Military Construction and Veterans Affairs of the Committee
on Appropriations of the Senate, and the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropriations of the House of Representatives.
(RESCISSION OF FUNDS)

SEC. 136. Of the unobligated balances made available in prior
appropriation Acts for the fund established in section 1013(d) of
the Demonstration Cities and Metropolitan Development Act of
1966 (42 U.S.C. 3374) (other than appropriations designated by
law as being for contingency operations directly related to the
global war on terrorism or as an emergency requirement),
$105,000,000 are hereby rescinded.
SEC. 137. For an additional amount for ‘‘Military Construction,
Air Force Reserve’’, $10,400,000, to remain available until September 30, 2020: Provided, That such funds may only be obligated
to carry out construction projects identified in the Department
of the Air Force’s Unfunded Priority List for Fiscal Year 2016
submitted to Congress: Provided further, That such funding is for
projects as authorized in the National Defense Authorization Act
for Fiscal Year 2016: Provided further, That not later than 30
days after enactment of this Act, the Secretary of the Air Force
shall submit to the Committees on Appropriations of both Houses
of Congress an expenditure plan for funds provided under this
section.
SEC. 138. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
or any other Act may be used to consolidate or relocate any element
of a United States Air Force Rapid Engineer Deployable Heavy
Operational Repair Squadron Engineer (RED HORSE) outside of

H. R. 2029—444
the United States until the Secretary of the Air Force (1) completes
an analysis and comparison of the cost and infrastructure investment required to consolidate or relocate a RED HORSE squadron
outside of the United States versus within the United States; (2)
provides to the Committees on Appropriations of both Houses of
Congress (‘‘the Committees’’) a report detailing the findings of the
cost analysis; and (3) certifies in writing to the Committees that
the preferred site for the consolidation or relocation yields the
greatest savings for the Air Force: Provided, That the term ‘‘United
States’’ in this section does not include any territory or possession
of the United States.
SEC. 139. None of the funds made available by this Act may
be used to carry out the closure or transfer of the United States
Naval Station, Guanta´namo Bay, Cuba.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61
of title 38, United States Code; pension benefits to or on behalf
of veterans as authorized by chapters 15, 51, 53, 55, and 61 of
title 38, United States Code; and burial benefits, the Reinstated
Entitlement Program for Survivors, emergency and other officers’
retirement pay, adjusted-service credits and certificates, payment
of premiums due on commercial life insurance policies guaranteed
under the provisions of title IV of the Servicemembers Civil Relief
Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized
by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53,
55, and 61 of title 38, United States Code, $162,948,673,000, to
remain available until expended, of which $86,083,128,000 shall
become available on October 1, 2016: Provided, That not to exceed
$15,562,000 of the amount made available for fiscal year 2016
and $16,021,000 of the amount made available for fiscal year 2017
under this heading shall be reimbursed to ‘‘General Operating
Expenses, Veterans Benefits Administration’’, and ‘‘Information
Technology Systems’’ for necessary expenses in implementing the
provisions of chapters 51, 53, and 55 of title 38, United States
Code, the funding source for which is specifically provided as the
‘‘Compensation and Pensions’’ appropriation: Provided further, That
such sums as may be earned on an actual qualifying patient basis,
shall be reimbursed to ‘‘Medical Care Collections Fund’’ to augment
the funding of individual medical facilities for nursing home care
provided to pensioners as authorized.
READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30, 31,
33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United

H. R. 2029—445
States Code, $30,654,185,000, to remain available until expended,
of which $16,340,828,000 shall become available on October 1, 2016:
Provided, That expenses for rehabilitation program services and
assistance which the Secretary is authorized to provide under subsection (a) of section 3104 of title 38, United States Code, other
than under paragraphs (1), (2), (5), and (11) of that subsection,
shall be charged to this account.
VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance,
and veterans mortgage life insurance as authorized by chapters
19 and 21, title 38, United States Code, $169,080,000, to remain
available until expended, of which $91,920,000 shall become available on October 1, 2016.
VETERANS HOUSING BENEFIT PROGRAM FUND

For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States
Code: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That, during fiscal year
2016, within the resources available, not to exceed $500,000 in
gross obligations for direct loans are authorized for specially
adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $164,558,000.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $31,000, as authorized by chapter
31 of title 38, United States Code: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That funds made available under this heading are available
to subsidize gross obligations for the principal amount of direct
loans not to exceed $2,952,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $367,000, which may be paid to the
appropriation for ‘‘General Operating Expenses, Veterans Benefits
Administration’’.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United
States Code, $1,134,000.
VETERANS HEALTH ADMINISTRATION
MEDICAL SERVICES

For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of

H. R. 2029—446
the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and
treatment in facilities not under the jurisdiction of the Department,
and including medical supplies and equipment, bioengineering services, food services, and salaries and expenses of healthcare
employees hired under title 38, United States Code, aid to State
homes as authorized by section 1741 of title 38, United States
Code, assistance and support services for caregivers as authorized
by section 1720G of title 38, United States Code, loan repayments
authorized by section 604 of the Caregivers and Veterans Omnibus
Health Services Act of 2010 (Public Law 111–163; 124 Stat. 1174;
38 U.S.C. 7681 note), and hospital care and medical services authorized by section 1787 of title 38, United States Code; $2,369,158,000,
which shall be in addition to funds previously appropriated under
this heading that became available on October 1, 2015; and, in
addition, $51,673,000,000, plus reimbursements, shall become available on October 1, 2016, and shall remain available until September
30, 2017: Provided, That, of the amount made available on October
1, 2016, under this heading, $1,400,000,000 shall remain available
until September 30, 2018: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment for veterans who have service-connected disabilities, lower income, or have
special needs: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall give priority
funding for the provision of basic medical benefits to veterans
in enrollment priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs
from Veterans Health Administration facilities to enrolled veterans
with privately written prescriptions based on requirements established by the Secretary: Provided further, That the implementation
of the program described in the previous proviso shall incur no
additional cost to the Department of Veterans Affairs: Provided
further, That, of the amount made available on October 1, 2016,
under this heading, not less than $1,500,000,000 shall be available
for Hepatitis C Virus (HCV) clinical treatments, including clinical
treatments with modern medications that have significantly higher
cure rates than older medications, are easier to prescribe, and
have fewer and milder side effects: Provided further, That the
Secretary of Veterans Affairs shall ensure that sufficient amounts
appropriated under this heading for medical supplies and equipment
are available for the acquisition of gender appropriate prosthetics.
MEDICAL SUPPORT AND COMPLIANCE

For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative expenses
in support of capital policy activities; and administrative and legal
expenses of the Department for collecting and recovering amounts
owed the Department as authorized under chapter 17 of title 38,
United States Code, and the Federal Medical Care Recovery Act
(42 U.S.C. 2651 et seq.), $6,524,000,000, plus reimbursements, shall
become available on October 1, 2016, and shall remain available
until September 30, 2017: Provided, That, of the amount made

H. R. 2029—447
available on October 1, 2016, under this heading, $100,000,000
shall remain available until September 30, 2018.
MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation
of any facility under the jurisdiction or for the use of the Department; for oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by
contract or by the hire of temporary employees and purchase of
materials; for leases of facilities; and for laundry services;
$105,132,000, which shall be in addition to funds previously appropriated under this heading that became available on October 1,
2015; and, in addition, $5,074,000,000, plus reimbursements, shall
become available on October 1, 2016, and shall remain available
until September 30, 2017: Provided, That, of the amount made
available on October 1, 2016, under this heading, $250,000,000
shall remain available until September 30, 2018.
MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by chapter
73 of title 38, United States Code, $630,735,000, plus reimbursements, shall remain available until September 30, 2017: Provided,
That the Secretary of Veterans Affairs shall ensure that sufficient
amounts appropriated under this heading are available for gender
appropriate prosthetic research and toxic exposure research.
NATIONAL CEMETERY ADMINISTRATION
For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for,
including uniforms or allowances therefor; cemeterial expenses as
authorized by law; purchase of one passenger motor vehicle for
use in cemeterial operations; hire of passenger motor vehicles; and
repair, alteration or improvement of facilities under the jurisdiction
of the National Cemetery Administration, $271,220,000, of which
not to exceed $26,600,000 shall remain available until September
30, 2017.
DEPARTMENTAL ADMINISTRATION
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)

For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative
expenses in support of Department-wide capital planning, management and policy activities, uniforms, or allowances therefor; not
to exceed $25,000 for official reception and representation expenses;

H. R. 2029—448
hire of passenger motor vehicles; and reimbursement of the General
Services Administration for security guard services, $336,659,000,
of which not to exceed $10,000,000 shall remain available until
September 30, 2017: Provided, That funds provided under this
heading may be transferred to ‘‘General Operating Expenses, Veterans Benefits Administration’’.
BOARD OF VETERANS APPEALS

For necessary operating expenses of the Board of Veterans
Appeals, $109,884,000, of which not to exceed $10,788,000 shall
remain available until September 30, 2017.
GENERAL OPERATING EXPENSES, VETERANS BENEFITS
ADMINISTRATION

For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger motor vehicles, reimbursement of the General Services
Administration for security guard services, and reimbursement of
the Department of Defense for the cost of overseas employee mail,
$2,707,734,000: Provided, That expenses for services and assistance
authorized under paragraphs (1), (2), (5), and (11) of section 3104(a)
of title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans: (1)
to the maximum extent feasible, to become employable and to
obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account:
Provided further, That, of the funds made available under this
heading, not to exceed $160,000,000 shall remain available until
September 30, 2017.
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for information technology systems and
telecommunications support, including developmental information
systems and operational information systems; for pay and associated
costs; and for the capital asset acquisition of information technology
systems, including management and related contractual costs of
said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code,
$4,133,363,000,
plus
reimbursements:
Provided,
That
$1,115,757,000 shall be for pay and associated costs, of which not
to exceed $34,800,000 shall remain available until September 30,
2017: Provided further, That $2,512,863,000 shall be for operations
and maintenance, of which not to exceed $175,000,000 shall remain
available until September 30, 2017: Provided further, That
$504,743,000 shall be for information technology systems development, modernization, and enhancement, and shall remain available
until September 30, 2017: Provided further, That amounts made
available for information technology systems development, modernization, and enhancement may not be obligated or expended
until the Secretary of Veterans Affairs or the Chief Information
Officer of the Department of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress a certification of the amounts, in parts or in full, to be obligated and

H. R. 2029—449
expended for each development project: Provided further, That
amounts made available for salaries and expenses, operations and
maintenance, and information technology systems development,
modernization, and enhancement may be transferred among the
three subaccounts after the Secretary of Veterans Affairs requests
from the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and an approval is issued:
Provided further, That amounts made available for the ‘‘Information
Technology Systems’’ account for development, modernization, and
enhancement may be transferred among projects or to newly defined
projects: Provided further, That no project may be increased or
decreased by more than $1,000,000 of cost prior to submitting
a request to the Committees on Appropriations of both Houses
of Congress to make the transfer and an approval is issued, or
absent a response, a period of 30 days has elapsed: Provided further,
That funds under this heading may be used by the Interagency
Program Office through the Department of Veterans Affairs to
define data standards, code sets, and value sets used to enable
interoperability: Provided further, That, of the funds made available
for information technology systems development, modernization,
and enhancement for VistA Evolution, not more than 25 percent
may be obligated or expended until the Secretary of Veterans Affairs
submits to the Committees on Appropriations of both Houses of
Congress, and such Committees approve, a report that describes:
(1) the status of and changes to the VistA Evolution program
plan dated March 24, 2014 (hereinafter referred to as the ‘‘Plan’’),
the VistA 4 product roadmap dated February 26, 2015 (‘‘Roadmap’’),
and the VistA 4 Incremental Life Cycle Cost Estimate, dated
October 26, 2014; (2) any changes to the scope or functionality
of projects within the VistA Evolution program as established in
the Plan; (3) actual program costs incurred to date; (4) progress
in meeting the schedule milestones that have been established
in the Plan; (5) a Project Management Accountability System
(PMAS) Dashboard Progress report that identifies each VistA Evolution project being tracked through PMAS, what functionality it
is intended to provide, and what evaluation scores it has received
throughout development; (6) the definition being used for interoperability between the electronic health record systems of the Department of Defense and the Department of Veterans Affairs, the
metrics to measure the extent of interoperability, the milestones
and timeline associated with achieving interoperability, and the
baseline measurements associated with interoperability; (7)
progress toward developing and implementing all components and
levels of interoperability, including semantic interoperability; (8)
the change management tools in place to facilitate the implementation of VistA Evolution and interoperability; and (9) any changes
to the governance structure for the VistA Evolution program and
its chain of decisionmaking authority: Provided further, That the
funds made available under this heading for information technology
systems development, modernization, and enhancement, shall be
for the projects, and in the amounts, specified under this heading
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).

H. R. 2029—450
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App.), $136,766,000,
of which not to exceed $12,676,000 shall remain available until
September 30, 2017.
CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
for the use of the Department of Veterans Affairs, or for any
of the purposes set forth in sections 316, 2404, 2406 and chapter
81 of title 38, United States Code, not otherwise provided for,
including planning, architectural and engineering services,
construction management services, maintenance or guarantee
period services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site acquisition,
where the estimated cost of a project is more than the amount
set forth in section 8104(a)(3)(A) of title 38, United States Code,
or where funds for a project were made available in a previous
major
project
appropriation,
$1,243,800,000,
of
which
$1,163,800,000 shall remain available until September 30, 2020,
and of which $80,000,000 shall remain available until expended:
Provided, That except for advance planning activities, including
needs assessments which may or may not lead to capital investments, and other capital asset management related activities,
including portfolio development and management activities, and
investment strategy studies funded through the advance planning
fund and the planning and design activities funded through the
design fund, including needs assessments which may or may not
lead to capital investments, and salaries and associated costs of
the resident engineers who oversee those capital investments funded
through this account, and funds provided for the purchase of land
for the National Cemetery Administration through the land acquisition line item, none of the funds made available under this heading
shall be used for any project which has not been approved by
the Congress in the budgetary process: Provided further, That funds
made available under this heading for fiscal year 2016, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2016; and (2)
by the awarding of a construction contract by September 30, 2017:
Provided further, That the Secretary of Veterans Affairs shall
promptly submit to the Committees on Appropriations of both
Houses of Congress a written report on any approved major
construction project for which obligations are not incurred within
the time limitations established above: Provided further, That, of
the amount made available under this heading, $649,000,000 for
Veterans Health Administration major construction projects shall
not be available until the Department of Veterans Affairs—
(1) enters into an agreement with an appropriate nonDepartment of Veterans Affairs Federal entity to serve as the
design and/or construction agent for any Veterans Health
Administration major construction project with a Total Estimated Cost of $100,000,000 or above by providing full project
management services, including management of the project

H. R. 2029—451
design, acquisition, construction, and contract changes, consistent with section 502 of Public Law 114–58; and
(2) certifies in writing that such an agreement is executed
and intended to minimize or prevent subsequent major
construction project cost overruns and provides a copy of the
agreement entered into and any required supplementary
information to the Committees on Appropriations of both
Houses of Congress.
CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees
provided under the project, services of claims analysts, offsite utility
and storm drainage system construction costs, and site acquisition,
or for any of the purposes set forth in sections 316, 2404, 2406
and chapter 81 of title 38, United States Code, not otherwise
provided for, where the estimated cost of a project is equal to
or less than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, $406,200,000, to remain available until
September 30, 2020, along with unobligated balances of previous
‘‘Construction, Minor Projects’’ appropriations which are hereby
made available for any project where the estimated cost is equal
to or less than the amount set forth in such section: Provided,
That funds made available under this heading shall be for: (1)
repairs to any of the nonmedical facilities under the jurisdiction
or for the use of the Department which are necessary because
of loss or damage caused by any natural disaster or catastrophe;
and (2) temporary measures necessary to prevent or to minimize
further loss by such causes.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections
8131 through 8137 of title 38, United States Code, $120,000,000,
to remain available until expended.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

For grants to assist States and tribal organizations in establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $46,000,000, to
remain available until expended.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)

SEC. 201. Any appropriation for fiscal year 2016 for ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, and ‘‘Veterans Insurance and Indemnities’’ may be transferred as necessary to any

H. R. 2029—452
other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and such Committees
issue an approval, or absent a response, a period of 30 days has
elapsed.
(INCLUDING TRANSFER OF FUNDS)

SEC. 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2016, in this or any other Act, under
the ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’, and
‘‘Medical Facilities’’ accounts may be transferred among the
accounts: Provided, That any transfers between the ‘‘Medical Services’’ and ‘‘Medical Support and Compliance’’ accounts of 1 percent
or less of the total amount appropriated to the account in this
or any other Act may take place subject to notification from the
Secretary of Veterans Affairs to the Committees on Appropriations
of both Houses of Congress of the amount and purpose of the
transfer: Provided further, That any transfers between the ‘‘Medical
Services’’ and ‘‘Medical Support and Compliance’’ accounts in excess
of 1 percent, or exceeding the cumulative 1 percent for the fiscal
year, may take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued: Provided
further, That any transfers to or from the ‘‘Medical Facilities’’
account may take place only after the Secretary requests from
the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
SEC. 203. Appropriations available in this title for salaries
and expenses shall be available for services authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles;
lease of a facility or land or both; and uniforms or allowances
therefore, as authorized by sections 5901 through 5902 of title
5, United States Code.
SEC. 204. No appropriations in this title (except the appropriations for ‘‘Construction, Major Projects’’, and ‘‘Construction, Minor
Projects’’) shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
SEC. 205. No appropriations in this title shall be available
for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the
laws providing such benefits to veterans, and persons receiving
such treatment under sections 7901 through 7904 of title 5, United
States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the cost of such hospitalization or examination is made
to the ‘‘Medical Services’’ account at such rates as may be fixed
by the Secretary of Veterans Affairs.
SEC. 206. Appropriations available in this title for ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, and ‘‘Veterans Insurance and Indemnities’’ shall be available for payment of prior year
accrued obligations required to be recorded by law against the
corresponding prior year accounts within the last quarter of fiscal
year 2015.

H. R. 2029—453
SEC. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a)
of title 31, United States Code, except that if such obligations
are from trust fund accounts they shall be payable only from ‘‘Compensation and Pensions’’.
(INCLUDING TRANSFER OF FUNDS)

SEC. 208. Notwithstanding any other provision of law, during
fiscal year 2016, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title
38, United States Code, the Veterans’ Special Life Insurance Fund
under section 1923 of title 38, United States Code, and the United
States Government Life Insurance Fund under section 1955 of
title 38, United States Code, reimburse the ‘‘General Operating
Expenses, Veterans Benefits Administration’’ and ‘‘Information
Technology Systems’’ accounts for the cost of administration of
the insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus earnings
accumulated in such an insurance program during fiscal year 2016
that are available for dividends in that program after claims have
been paid and actuarially determined reserves have been set aside:
Provided further, That if the cost of administration of such an
insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the
extent of such surplus earnings: Provided further, That the Secretary shall determine the cost of administration for fiscal year
2016 which is properly allocable to the provision of each such
insurance program and to the provision of any total disability
income insurance included in that insurance program.
SEC. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease services,
may be obligated during the fiscal year in which the proceeds
are received.
(INCLUDING TRANSFER OF FUNDS)

SEC. 210. Funds available in this title or funds for salaries
and other administrative expenses shall also be available to
reimburse the Office of Resolution Management of the Department
of Veterans Affairs and the Office of Employment Discrimination
Complaint Adjudication under section 319 of title 38, United States
Code, for all services provided at rates which will recover actual
costs but not to exceed $43,700,000 for the Office of Resolution
Management and $3,400,000 for the Office of Employment Discrimination Complaint Adjudication: Provided, That payments may be
made in advance for services to be furnished based on estimated
costs: Provided further, That amounts received shall be credited
to the ‘‘General Administration’’ and ‘‘Information Technology Systems’’ accounts for use by the office that provided the service.
(TRANSFER OF FUNDS)

SEC. 211. Of the amounts made available to the Department
of Veterans Affairs for fiscal year 2016 for the Office of Rural
Health under the heading ‘‘Medical Services’’, including any advance

H. R. 2029—454
appropriation for fiscal year 2016 provided in prior appropriation
Acts, up to $20,000,000 may be transferred to and merged with
funds appropriated under the heading ‘‘Grants for Construction
of State Extended Care Facilities’’.
SEC. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or medical
services provided to any person under chapter 17 of title 38, United
States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to
the Secretary of Veterans Affairs, in such form as the Secretary
may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That
the Secretary may recover, in the same manner as any other debt
due the United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for care
or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
(INCLUDING TRANSFER OF FUNDS)

SEC. 213. Notwithstanding any other provision of law, proceeds
or revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ‘‘Construction, Major Projects’’
and ‘‘Construction, Minor Projects’’ accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such sums
as realized are in addition to the amount provided for in ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor Projects’’.
SEC. 214. Amounts made available under ‘‘Medical Services’’
are available—
(1) for furnishing recreational facilities, supplies, and equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(INCLUDING TRANSFER OF FUNDS)

SEC. 215. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, may be transferred to ‘‘Medical Services’’, to remain
available until expended for the purposes of that account.
SEC. 216. The Secretary of Veterans Affairs may enter into
agreements with Indian tribes and tribal organizations which are
party to the Alaska Native Health Compact with the Indian Health
Service, and Indian tribes and tribal organizations serving rural
Alaska which have entered into contracts with the Indian Health
Service under the Indian Self Determination and Educational
Assistance Act, to provide healthcare, including behavioral health
and dental care. The Secretary shall require participating veterans
and facilities to comply with all appropriate rules and regulations,
as established by the Secretary. The term ‘‘rural Alaska’’ shall
mean those lands sited within the external boundaries of the Alaska
Native regions specified in sections 7(a)(1)–(4) and (7)–(12) of the
Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1606),
and those lands within the Alaska Native regions specified in

H. R. 2029—455
sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims Settlement
Act, as amended (43 U.S.C. 1606), which are not within the boundaries of the municipality of Anchorage, the Fairbanks North Star
Borough, the Kenai Peninsula Borough or the Matanuska Susitna
Borough.
(INCLUDING TRANSFER OF FUNDS)

SEC. 217. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section 8118
of title 38, United States Code, may be transferred to the ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor Projects’’ accounts,
to remain available until expended for the purposes of these
accounts.
SEC. 218. None of the funds made available in this title may
be used to implement any policy prohibiting the Directors of the
Veterans Integrated Services Networks from conducting outreach
or marketing to enroll new veterans within their respective Networks.
SEC. 219. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report
on the financial status of the Department of Veterans Affairs for
the preceding quarter: Provided, That, at a minimum, the report
shall include the direction contained in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) in the paragraph entitled ‘‘Quarterly Report’’,
under the heading ‘‘General Administration’’.
(INCLUDING TRANSFER OF FUNDS)

SEC. 220. Amounts made available under the ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’, ‘‘Medical Facilities’’, ‘‘General Operating Expenses, Veterans Benefits Administration’’, ‘‘General Administration’’, and ‘‘National Cemetery Administration’’
accounts for fiscal year 2016 may be transferred to or from the
‘‘Information Technology Systems’’ account: Provided, That such
transfers may not result in a more than 10 percent aggregate
increase in the total amount made available by this Act for the
‘‘Information Technology Systems’’ account: Provided further, That,
before a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued.
SEC. 221. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with:
(1) section 842 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law 109–115;
119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States
Code.
(INCLUDING TRANSFER OF FUNDS)

SEC. 222. Of the amounts appropriated to the Department
of Veterans Affairs for fiscal year 2016 for ‘‘Medical Services’’,

H. R. 2029—456
‘‘Medical Support and Compliance’’, ‘‘Medical Facilities’’, ‘‘Construction, Minor Projects’’, and ‘‘Information Technology Systems’’, up
to $267,521,000, plus reimbursements, may be transferred to the
Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of
the National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111–84; 123 Stat. 3571) and may be used for operation of
the facilities designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122
Stat. 4500): Provided, That additional funds may be transferred
from accounts designated in this section to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses
of Congress: Provided further, That section 223 of Title II of Division
I of Public Law 113–235 is repealed.
(INCLUDING TRANSFER OF FUNDS)

SEC. 223. Of the amounts appropriated to the Department
of Veterans Affairs which become available on October 1, 2016,
for ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’, and
‘‘Medical Facilities’’, up to $265,675,000, plus reimbursements, may
be transferred to the Joint Department of Defense-Department
of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571) and
may be used for operation of the facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110–417; 122 Stat. 4500): Provided, That additional
funds may be transferred from accounts designated in this section
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund upon written notification by
the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress.
(INCLUDING TRANSFER OF FUNDS)

SEC. 224. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, for healthcare provided at facilities designated as
combined Federal medical facilities as described by section 706
of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110–417; 122 Stat. 4500) shall also be
available: (1) for transfer to the Joint Department of DefenseDepartment of Veterans Affairs Medical Facility Demonstration
Fund, established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123
Stat. 3571); and (2) for operations of the facilities designated as
combined Federal medical facilities as described by section 706
of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110–417; 122 Stat. 4500).

H. R. 2029—457
(INCLUDING TRANSFER OF FUNDS)

SEC. 225. Of the amounts available in this title for ‘‘Medical
Services’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical Facilities’’, a minimum of $15,000,000 shall be transferred to the DOD–
VA Health Care Sharing Incentive Fund, as authorized by section
8111(d) of title 38, United States Code, to remain available until
expended, for any purpose authorized by section 8111 of title 38,
United States Code.
(INCLUDING RESCISSIONS OF FUNDS)

SEC. 226. (a) Of the funds appropriated in title II of division
I of Public Law 113–235, the following amounts which became
available on October 1, 2015, are hereby rescinded from the following accounts in the amounts specified:
(1) ‘‘Department of Veterans Affairs, Medical Services’’,
$1,400,000,000.
(2) ‘‘Department of Veterans Affairs, Medical Support and
Compliance’’, $100,000,000.
(3) ‘‘Department of Veterans Affairs, Medical Facilities’’,
$250,000,000.
(b) In addition to amounts provided elsewhere in this Act,
an additional amount is appropriated to the following accounts
in the amounts specified to remain available until September 30,
2017:
(1) ‘‘Department of Veterans Affairs, Medical Services’’,
$1,400,000,000.
(2) ‘‘Department of Veterans Affairs, Medical Support and
Compliance’’, $100,000,000.
(3) ‘‘Department of Veterans Affairs, Medical Facilities’’,
$250,000,000.
SEC. 227. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all
bid savings in a major construction project that total at least
$5,000,000, or 5 percent of the programmed amount of the project,
whichever is less: Provided, That such notification shall occur within
14 days of a contract identifying the programmed amount: Provided
further, That the Secretary shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to the obligation
of such bid savings and shall describe the anticipated use of such
savings.
SEC. 228. None of the funds made available for ‘‘Construction,
Major Projects’’ may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless
the Secretary of Veterans Affairs receives approval from the
Committees on Appropriations of both Houses of Congress.
SEC. 229. The Secretary of Veterans Affairs shall submit to
the Committees on Appropriations of both Houses of Congress a
quarterly report that contains the following information from each
Veterans Benefits Administration Regional Office: (1) the average
time to complete a disability compensation claim; (2) the number
of claims pending more than 125 days, disaggregated by initial
and supplemental claims; (3) error rates; (4) the number of claims
personnel; (5) any corrective action taken within the quarter to
address poor performance; (6) training programs undertaken; and

H. R. 2029—458
(7) the number and results of Quality Review Team audits: Provided, That each quarterly report shall be submitted no later than
30 days after the end of the respective quarter.
SEC. 230. Of the funds provided to the Department of Veterans
Affairs for fiscal year 2016 for ‘‘Medical Services’’ and ‘‘Medical
Support and Compliance’’, a maximum of $5,000,000 may be obligated from the ‘‘Medical Services’’ account and a maximum of
$154,596,000 may be obligated from the ‘‘Medical Support and
Compliance’’ account for the VistA Evolution and electronic health
record interoperability projects: Provided, That funds in addition
to these amounts may be obligated for the VistA Evolution and
electronic health record interoperability projects upon written
notification by the Secretary of Veterans Affairs to the Committees
on Appropriations of both Houses of Congress.
SEC. 231. The Secretary of Veterans Affairs shall provide written notification to the Committees on Appropriations of both Houses
of Congress 15 days prior to organizational changes which result
in the transfer of 25 or more full-time equivalents from one
organizational unit of the Department of Veterans Affairs to
another.
SEC. 232. The Secretary of Veterans Affairs shall provide on
a quarterly basis to the Committees on Appropriations of both
Houses of Congress notification of any single national outreach
and awareness marketing campaign in which obligations exceed
$2,000,000.
SEC. 233. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace
the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and
equipment.
(INCLUDING TRANSFER OF FUNDS)

SEC. 234. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans
Health Administration, may transfer to the ‘‘Medical Services’’
account any discretionary appropriations made available for fiscal
year 2016 in this title (except appropriations made to the ‘‘General
Operating Expenses, Veterans Benefits Administration’’ account)
or any discretionary unobligated balances within the Department
of Veterans Affairs, including those appropriated for fiscal year
2016, that were provided in advance by appropriations Acts: Provided, That transfers shall be made only with the approval of
the Office of Management and Budget: Provided further, That the
transfer authority provided in this section is in addition to any
other transfer authority provided by law: Provided further, That
no amounts may be transferred from amounts that were designated
by Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That such authority
to transfer may not be used unless for higher priority items, based
on emergent healthcare requirements, than those for which originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred from
an appropriation are not necessary, such amounts may be transferred back to that appropriation and shall be available for the

H. R. 2029—459
same purposes as originally appropriated: Provided further, That
before a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and receive approval
of that request.
(INCLUDING TRANSFER OF FUNDS)

SEC. 235. Amounts made available for the Department of Veterans Affairs for fiscal year 2016, under the ‘‘Board of Veterans
Appeals’’ and the ‘‘General Operating Expenses, Veterans Benefits
Administration’’ accounts may be transferred between such
accounts: Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees
on Appropriations of both Houses of Congress the authority to
make the transfer and receive approval from such Committees
for such request.
(RESCISSION OF FUNDS)

SEC. 236. Of the unobligated balances available within the
‘‘DOD–VA Health Care Sharing Incentive Fund’’, $30,000,000 are
hereby rescinded.
SEC. 237. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such
instance of reprogramming will exceed $5,000,000, unless such reprogramming is approved by the Committees on Appropriations
of both Houses of Congress.
SEC. 238. Section 2302(a)(2)(A)(viii) of title 5, United States
Code, is amended by inserting ‘‘or under title 38’’ after ‘‘of this
title’’.
SEC. 239. Section 312 of title 38, United States Code, is
amended by adding at the end the following new subsection:
‘‘(c)(1) Whenever the Inspector General, in carrying out the
duties and responsibilities established under the Inspector General
Act of 1978 (5 U.S.C. App.), issues a work product that makes
a recommendation or otherwise suggests corrective action, the
Inspector General shall—
‘‘(A) submit the work product to—
‘‘(i) the Secretary;
‘‘(ii) the Committee on Veterans’ Affairs, the Committee on Homeland Security and Governmental
Affairs, and the Committee on Appropriations of the
Senate;
‘‘(iii) the Committee on Veterans’ Affairs, the Committee on Oversight and Government Reform, and the
Committee on Appropriations of the House of Representatives;
‘‘(iv) if the work product was initiated upon request
by an individual or entity other than the Inspector
General, that individual or entity; and
‘‘(v) any Member of Congress upon request; and
‘‘(B) the Inspector General shall submit all final work
products to—
‘‘(i) if the work product was initiated upon request
by an individual or entity other than the Inspector
General, that individual or entity; and
‘‘(ii) any Member of Congress upon request; and

H. R. 2029—460
‘‘(C) not later than 3 days after the work product
is submitted in final form to the Secretary, post the work
product on the Internet website of the Inspector General.
‘‘(2) Nothing in this subsection shall be construed to
authorize the public disclosure of information that is specifically
prohibited from disclosure by any other provision of law.’’.
SEC. 240. None of the funds provided in this Act may be
used to pay the salary of any individual who (a) was the Executive
Director of the Office of Acquisition, Logistics and Construction,
and (b) who retired from Federal service in the midst of an investigation, initiated by the Department of Veterans Affairs, into delays
and cost overruns associated with the design and construction of
the new medical center in Aurora, Colorado.
SEC. 241. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department
of Veterans Affairs may be used to transfer any amounts from
the Filipino Veterans Equity Compensation Fund to any other
account within the Department of Veterans Affairs.
SEC. 242. None of the amounts appropriated or otherwise made
available by title II may be used to carry out the Home Marketing
Incentive Program of the Department of Veterans Affairs or to
carry out the Appraisal Value Offer Program of the Department
with respect to an employee of the Department in a senior executive
position (as defined in section 713(g) of title 38, United States
Code): Provided, That the Secretary may waive this prohibition
with respect to the use of the Home Marketing Incentive Program
and Appraisal Value Offer Program to recruit for a position for
which recruitment or retention of qualified personnel is likely to
be difficult in the absence of the use of these incentives: Provided
further, That within 15 days of a determination by the Secretary
to waive this prohibition, the Secretary shall submit written
notification thereof to the Committees on Appropriations of both
Houses of Congress containing the reasons and identifying the
position title for which the waiver has been issued.
(INCLUDING TRANSFER OF FUNDS)

SEC. 243. There is hereby established in the Treasury of the
United States a fund to be known as the ‘‘Recurring Expenses
Transformational Fund’’ (the Fund): Provided, That unobligated
balances of expired discretionary funds appropriated in this or
any succeeding fiscal year from the General Fund of the Treasury
to the Department of Veterans Affairs by this or any other Act
may be transferred (at the end of the fifth fiscal year after the
last fiscal year for which such funds are available for the purposes
for which appropriated) into the Fund: Provided further, That
amounts deposited in the Fund shall be available until expended,
and in addition to such other funds as may be available for such
purposes, for facilities infrastructure improvements, including nonrecurring maintenance, at existing hospitals and clinics of the Veterans Health Administration, and information technology systems
improvements and sustainment, subject to approval by the Office
of Management and Budget: Provided further, That prior to obligation of any amounts in the Fund, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses

H. R. 2029—461
of Congress the authority to make such obligation and such Committees issue an approval, or absent a response, a period of 30 days
has elapsed.
TITLE III
RELATED AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase
(one-for-one replacement basis only) and hire of passenger motor
vehicles; not to exceed $7,500 for official reception and representation expenses; and insurance of official motor vehicles in foreign
countries, when required by law of such countries, $105,100,000,
to remain available until expended.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code.
UNITED STATES COURT

OF

APPEALS

FOR

VETERANS CLAIMS

SALARIES AND EXPENSES

For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections
7251 through 7298 of title 38, United States Code, $32,141,000:
Provided, That $2,500,000 shall be available for the purpose of
providing financial assistance as described, and in accordance with
the process and reporting procedures set forth, under this heading
in Public Law 102–229.
DEPARTMENT

OF

DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES

For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers’ and
Airmen’s Home National Cemetery, including the purchase or lease
of passenger motor vehicles for replacement on a one-for-one basis
only, and not to exceed $1,000 for official reception and representation expenses, $79,516,000, of which not to exceed $15,000,000
shall remain available until September 30, 2018. In addition, such
sums as may be necessary for parking maintenance, repairs and

H. R. 2029—462
replacement, to be derived from the ‘‘Lease of Department of
Defense Real Property for Defense Agencies’’ account.
ARMED FORCES RETIREMENT HOME
TRUST FUND

For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home—
Washington, District of Columbia, and the Armed Forces Retirement
Home—Gulfport, Mississippi, to be paid from funds available in
the Armed Forces Retirement Home Trust Fund, $64,300,000, of
which $1,000,000 shall remain available until expended for
construction and renovation of the physical plants at the Armed
Forces Retirement Home—Washington, District of Columbia, and
the Armed Forces Retirement Home—Gulfport, Mississippi: Provided, That of the amounts made available under this heading
from funds available in the Armed Forces Retirement Home Trust
Fund, $20,000,000 shall be paid from the general fund of the
Treasury to the Trust Fund.
ADMINISTRATIVE PROVISIONS
SEC. 301. Funds appropriated in this Act under the heading
‘‘Department of Defense—Civil, Cemeterial Expenses, Army’’, may
be provided to Arlington County, Virginia, for the relocation of
the federally owned water main at Arlington National Cemetery,
making additional land available for ground burials.
SEC. 302. Amounts deposited into the special account established under 10 U.S.C. 4727 are appropriated and shall be available
until expended to support activities at the Army National Military
Cemeteries.
TITLE IV
GENERAL PROVISIONS
SEC. 401. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 402. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
SEC. 403. All departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ‘‘E-Commerce’’ technologies and procedures in the conduct of their business practices
and public service activities.
SEC. 404. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on
Military Construction and Veterans Affairs, and Related Agencies
of the Committee on Appropriations of the House of Representatives
and the Subcommittee on Military Construction and Veterans
Affairs, and Related Agencies of the Committee on Appropriations
of the Senate.

H. R. 2029—463
SEC. 405. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other appropriations Act.
SEC. 406. None of the funds made available in this Act may
be used for a project or program named for an individual serving
as a Member, Delegate, or Resident Commissioner of the United
States House of Representatives.
SEC. 407. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
Web site of that agency any report required to be submitted by
the Congress in this or any other Act, upon the determination
by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
SEC. 408. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 409. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for firstclass travel by an employee of the agency in contravention of
sections 301–10.122 through 301–10.124 of title 41, Code of Federal
Regulations.
SEC. 410. None of the funds made available in this Act may
be used to execute a contract for goods or services, including
construction services, where the contractor has not complied with
Executive Order No. 12989.
SEC. 411. None of the funds made available by this Act may
be used by the Department of Defense or the Department of Veterans Affairs to lease or purchase new light duty vehicles for
any executive fleet, or for an agency’s fleet inventory, except in
accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011.
SEC. 412. (a) IN GENERAL.—None of the funds appropriated
or otherwise made available to the Department of Defense in this
Act may be used to construct, renovate, or expand any facility
in the United States, its territories, or possessions to house any
individual detained at United States Naval Station, Guanta´namo
Bay, Cuba, for the purposes of detention or imprisonment in the
custody or under the control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guanta´namo Bay, Cuba.

H. R. 2029—464
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guanta´namo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guanta´namo Bay, Cuba.
This division may be cited as the ‘‘Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2016’’.
DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS
ACT, 2016
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION

OF

FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $5,622,170,000, of which
up to $629,055,000 may remain available until September 30, 2017,
and of which up to $1,428,468,000 may remain available until
expended for Worldwide Security Protection: Provided, That funds
made available under this heading shall be allocated in accordance
with paragraphs (1) through (4) as follows:
(1) HUMAN RESOURCES.—For necessary expenses for
training, human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed $700,000),
as authorized by section 801 of the United States Information
and Educational Exchange Act of 1948, $2,181,622,000, of which
up to $358,833,000 is for Worldwide Security Protection.
(2) OVERSEAS PROGRAMS.—For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,561,840,000.
(3) DIPLOMATIC POLICY AND SUPPORT.—For necessary
expenses for the functional bureaus of the Department of State,
including representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress, general administration, and arms
control, nonproliferation and disarmament activities as authorized, $791,121,000.
(4) SECURITY PROGRAMS.—For necessary expenses for security activities, $1,087,587,000, of which up to $1,069,635,000
is for Worldwide Security Protection.
(5) FEES AND PAYMENTS COLLECTED.—In addition to
amounts otherwise made available under this heading—

H. R. 2029—465
(A) not to exceed $1,840,900 shall be derived from
fees collected from other executive agencies for lease or
use of facilities located at the International Center in
accordance with section 4 of the International Center Act,
and, in addition, as authorized by section 5 of such Act,
$743,000, to be derived from the reserve authorized by
that section, to be used for the purposes set out in that
section;
(B) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures,
and publication programs and from fees from educational
advising and counseling and exchange visitor programs;
and
(C) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair
House facilities.
(6) TRANSFER, REPROGRAMMING, AND OTHER MATTERS.—
(A) Notwithstanding any other provision of this Act,
funds may be reprogrammed within and between paragraphs (1) through (4) under this heading subject to section
7015 of this Act.
(B) Of the amount made available under this heading,
not to exceed $10,000,000 may be transferred to, and
merged with, funds made available by this Act under the
heading ‘‘Emergencies in the Diplomatic and Consular
Service’’, to be available only for emergency evacuations
and rewards, as authorized.
(C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger
motor vehicles as authorized by law and, pursuant to section 1108(g) of title 31, United States Code, for the field
examination of programs and activities in the United States
funded from any account contained in this title.
(D) Funds appropriated under this heading may be
made available for Conflict Stabilization Operations and
for related reconstruction and stabilization assistance to
prevent or respond to conflict or civil strife in foreign
countries or regions, or to enable transition from such
strife.
(E) Funds appropriated under this heading in this
Act that are designated for Worldwide Security Protection
shall continue to be made available for support of securityrelated training at sites in existence prior to the enactment
of this Act: Provided, That in addition to such funds, up
to $99,113,000 of the funds made available under this
heading in this Act may be obligated for a Foreign Affairs
Security Training Center (FASTC) only after the Secretary
of State—
(i) submits to the appropriate congressional
committees a comprehensive analysis of a minimum
of three different locations for FASTC assessing the
feasibility and comparing the costs and benefits of
delivering training at each such location; and

H. R. 2029—466
(ii) notifies the appropriate congressional committees at least 15 days in advance of such obligation:
Provided, That such notification shall also include a
justification for any decision made by the Department
of State to obligate funds for FASTC.
(F) None of the funds appropriated under this heading
may be used for the preservation of religious sites unless
the Secretary of State determines and reports to the
Committees on Appropriations that such sites are historically, artistically, or culturally significant, that the purpose
of the project is neither to advance nor to inhibit the
free exercise of religion, and that the project is in the
national interest of the United States.
CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund,
$66,400,000, to remain available until expended, as authorized.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General,
$72,700,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96–465), as it relates to post
inspections: Provided, That of the funds appropriated under this
heading, $10,905,000 may remain available until September 30,
2017.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of educational and cultural exchange programs,
as authorized, $590,900,000, to remain available until expended,
of which not less than $236,000,000 shall be for the Fulbright
Program and not less than $102,000,000 shall be for Citizen
Exchange Program, including $4,000,000 for the Congress-Bundestag Youth Exchange: Provided, That fees or other payments received
from, or in connection with, English teaching, educational advising
and counseling programs, and exchange visitor programs as authorized may be credited to this account, to remain available until
expended: Provided further, That not later than 45 days after enactment of this Act, the Secretary of State shall submit a report
to the Committees on Appropriations detailing modifications made
to existing educational and cultural exchange programs since calendar year 2014, including for special academic and special professional and cultural exchanges: Provided further, That a portion
of the Fulbright awards from the Eurasia and Central Asia regions
shall be designated as Edmund S. Muskie Fellowships, following
consultation with the Committees on Appropriations: Provided further, That Department of State-designated sponsors may not issue
a Form DS–2019 (Certificate of Eligibility for Exchange Visitor
(J–1) Status) to place student participants in seafood product
preparation or packaging positions in the Summer Work Travel
program in fiscal year 2016 unless prior to issuing such Form
the sponsor provides to the Secretary of State a description of
such program and verifies in writing to the Secretary that such
program fully complies with part 62 of title 22 of the Code of
Federal Regulations, notwithstanding subsection 62.32(h)(16) of
such part, and with the requirements specified under this heading

H. R. 2029—467
in the explanatory statement described in section 4 (in the matter
preceding division A of this Consolidated Act): Provided further,
That any substantive modifications from the prior fiscal year to
programs funded by this Act under this heading shall be subject
to prior consultation with, and the regular notification procedures
of, the Committees on Appropriations.
REPRESENTATION EXPENSES

For representation expenses as authorized, $8,030,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary
of State to provide for extraordinary protective services, as authorized, $30,036,000, to remain available until September 30, 2017.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing, and planning for buildings that are owned
or directly leased by the Department of State, renovating, in addition to funds otherwise available, the Harry S Truman Building,
and carrying out the Diplomatic Security Construction Program
as authorized, $785,097,000, to remain available until expended
as authorized, of which not to exceed $25,000 may be used for
domestic and overseas representation expenses as authorized: Provided, That none of the funds appropriated in this paragraph shall
be available for acquisition of furniture, furnishings, or generators
for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $688,799,000, to remain
available until expended: Provided, That not later than 45 days
after enactment of this Act, the Secretary of State shall submit
to the Committees on Appropriations the proposed allocation of
funds made available under this heading and the actual and anticipated proceeds of sales for all projects in fiscal year 2016.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Consular Service, $7,900,000, to remain available until expended as
authorized, of which not to exceed $1,000,000 may be transferred
to, and merged with, funds appropriated by this Act under the
heading ‘‘Repatriation Loans Program Account’’, subject to the same
terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $1,300,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such funds are available to subsidize
gross obligations for the principal amount of direct loans not to
exceed $2,444,528.

H. R. 2029—468
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96–8), $30,000,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND

For payment to the Foreign Service Retirement and Disability
Fund, as authorized, $158,900,000.
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice
and consent of the Senate, conventions or specific Acts of Congress,
$1,344,458,000: Provided, That the Secretary of State shall, at
the time of the submission of the President’s budget to Congress
under section 1105(a) of title 31, United States Code, transmit
to the Committees on Appropriations the most recent biennial
budget prepared by the United Nations for the operations of the
United Nations: Provided further, That the Secretary of State shall
notify the Committees on Appropriations at least 15 days in advance
(or in an emergency, as far in advance as is practicable) of any
United Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere in
the United Nations budget: Provided further, That not later than
May 1, 2016, and 30 days after the end of fiscal year 2016, the
Secretary of State shall report to the Committees on Appropriations
any credits available to the United States, including from the United
Nations Tax Equalization Fund, and provide updated fiscal year
2016 and fiscal year 2017 assessment costs including offsets from
available credits and updated foreign currency exchange rates: Provided further, That any such credits shall only be available for
United States assessed contributions to the United Nations and
the Committees on Appropriations shall be notified when such
credits are applied to any assessed contribution, including any
payment of arrearages: Provided further, That any notification
regarding funds appropriated or otherwise made available under
this heading in this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related programs
submitted pursuant to section 7015 of this Act, section 34 of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2706),
or any operating plan submitted pursuant to section 7076 of this
Act, shall include an estimate of all known credits currently available to the United States and provide updated assessment costs
including offsets from available credits and updated foreign currency
exchange rates: Provided further, That any payment of arrearages
under this heading shall be directed to activities that are mutually
agreed upon by the United States and the respective international
organization and shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That
none of the funds appropriated under this heading shall be available
for a United States contribution to an international organization
for the United States share of interest costs made known to the

H. R. 2029—469
United States Government by such organization for loans incurred
on or after October 1, 1984, through external borrowings: Provided
further, That the Secretary of State shall review the budgetary
and personnel procedures of the United Nations and affiliated agencies funded under this heading and, not later than 180 days after
enactment of this Act, submit a report to the Committees on Appropriations on steps taken at each agency to eliminate unnecessary
administrative costs and duplicative activities and ensure that personnel practices are transparent and merit-based.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance
or restoration of international peace and security, $666,574,000,
of which 15 percent shall remain available until September 30,
2017: Provided, That none of the funds made available by this
Act shall be obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least 15 days in advance
of voting for such mission in the United Nations Security Council
(or in an emergency as far in advance as is practicable), the Committees on Appropriations are notified of: (1) the estimated cost and
duration of the mission, the objectives of the mission, the national
interest that will be served, and the exit strategy; and (2) the
sources of funds, including any reprogrammings and transfers, that
will be used to pay the cost of the new or expanded mission,
and the estimated cost in future fiscal years: Provided further,
That none of the funds appropriated under this heading may be
made available for obligation unless the Secretary of State certifies
and reports to the Committees on Appropriations on a peacekeeping
mission-by-mission basis that the United Nations is implementing
effective policies and procedures to prevent United Nations
employees, contractor personnel, and peacekeeping troops serving
in such mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of illegal sexual exploitation or other
violations of human rights, and to bring to justice individuals who
engage in such acts while participating in such mission, including
prosecution in their home countries and making information about
such prosecutions publicly available on the Web site of the United
Nations: Provided further, That funds shall be available for peacekeeping expenses unless the Secretary of State determines that
American manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material for
United Nations peacekeeping activities equal to those being given
to foreign manufacturers and suppliers: Provided further, That the
Secretary of State shall work with the United Nations and foreign
governments contributing peacekeeping troops to implement effective vetting procedures to ensure that such troops have not violated
human rights: Provided further, That none of the funds appropriated
or otherwise made available under this heading may be used for
any United Nations peacekeeping mission that will involve United
States Armed Forces under the command or operational control
of a foreign national, unless the President’s military advisors have
submitted to the President a recommendation that such involvement
is in the national interest of the United States and the President
has submitted to Congress such a recommendation: Provided further, That not later than May 1, 2016, and 30 days after the

H. R. 2029—470
end of fiscal year 2016, the Secretary of State shall report to
the Committees on Appropriations any credits available to the
United States, including those resulting from United Nations peacekeeping missions or the United Nations Tax Equalization Fund,
and provide updated fiscal year 2016 and fiscal year 2017 assessment costs including offsets from available credits: Provided further,
That any such credits shall only be available for United States
assessed contributions to the United Nations, and the Committees
on Appropriations shall be notified when such credits are applied
to any assessed contribution, including any payment of arrearages:
Provided further, That any notification regarding funds appropriated or otherwise made available under this heading in this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs submitted pursuant
to section 7015 of this Act, section 34 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2706), or any operating
plan submitted pursuant to section 7076 of this Act, shall include
an estimate of all known credits currently available to the United
States and provide updated assessment costs including offsets from
available credits: Provided further, That any payment of arrearages
with funds appropriated by this Act shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall work with the
United Nations and members of the United Nations Security
Council to evaluate and prioritize peacekeeping missions, and to
consider a draw down when mission goals have been substantially
achieved: Provided further, That notwithstanding any other provision of law, funds appropriated or otherwise made available under
this heading shall be available for United States assessed contributions up to the amount specified in Annex IV accompanying United
Nations General Assembly Resolution 64/220: Provided further,
That such funds may be made available above the amount authorized in section 404(b)(2)(B) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e note) only if
the Secretary of State determines and reports to the appropriate
congressional committees that it is important to the national
interest of the United States.
INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND MEXICO

For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation expenses;
as follows:
SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for,
$45,307,000.

H. R. 2029—471
CONSTRUCTION

For detailed plan preparation and construction of authorized
projects, $28,400,000, to remain available until expended, as authorized.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and the
Border Environment Cooperation Commission as authorized by the
North American Free Trade Agreement Implementation Act (Public
Law 103–182), $12,330,000: Provided, That of the amount provided
under this heading for the International Joint Commission, up
to $500,000 may remain available until September 30, 2017, and
$9,000 may be made available for representation expenses.
INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $36,681,000: Provided, That the United States share of such expenses may be
advanced to the respective commissions pursuant to section 3324
of title 31, United States Code.
RELATED AGENCY
BROADCASTING BOARD

OF

GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international communication activities, and to make and supervise grants for radio,
Internet, and television broadcasting to the Middle East,
$734,087,000: Provided, That in addition to amounts otherwise
available for such purposes, up to $31,135,000 of the amount appropriated under this heading may remain available until expended
for satellite transmissions and Internet freedom programs, of which
not less than $15,000,000 shall be for Internet freedom programs:
Provided further, That of the total amount appropriated under
this heading, not to exceed $35,000 may be used for representation
expenses, of which $10,000 may be used for such expenses within
the United States as authorized, and not to exceed $30,000 may
be used for representation expenses of Radio Free Europe/Radio
Liberty: Provided further, That the authority provided by section
504(c) of the Foreign Relations Authorization Act, Fiscal Year 2003
(Public Law 107–228; 22 U.S.C. 6206 note) shall remain in effect
through September 30, 2016: Provided further, That the BBG shall
notify the Committees on Appropriations within 15 days of any
determination by the Board that any of its broadcast entities,
including its grantee organizations, provides an open platform for
international terrorists or those who support international terrorism, or is in violation of the principles and standards set forth
in subsections (a) and (b) of section 303 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202) or the

H. R. 2029—472
entity’s journalistic code of ethics: Provided further, That significant
modifications to BBG broadcast hours previously justified to Congress, including changes to transmission platforms (shortwave,
medium wave, satellite, Internet, and television), for all BBG language services shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That in
addition to funds made available under this heading, and notwithstanding any other provision of law, up to $5,000,000 in receipts
from advertising and revenue from business ventures, up to
$500,000 in receipts from cooperating international organizations,
and up to $1,000,000 in receipts from privatization efforts of the
Voice of America and the International Broadcasting Bureau, shall
remain available until expended for carrying out authorized purposes.
BROADCASTING CAPITAL IMPROVEMENTS

For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital transmission and reception; the purchase, rent, and installation of necessary equipment for radio, television, and digital transmission
and reception, including to Cuba, as authorized; and physical security worldwide, in addition to amounts otherwise available for such
purposes, $4,800,000, to remain available until expended, as authorized.
RELATED PROGRAMS
THE ASIA FOUNDATION
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available until expended.
UNITED STATES INSTITUTE

OF

PEACE

For necessary expenses of the United States Institute of Peace,
as authorized by the United States Institute of Peace Act (22
U.S.C. 4601 et seq.), $35,300,000, to remain available until September 30, 2017, which shall not be used for construction activities.
CENTER

FOR

MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND

For necessary expenses of the Center for Middle EasternWestern Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078),
the total amount of the interest and earnings accruing to such
Fund on or before September 30, 2016, to remain available until
expended.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest
and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2016, to remain

H. R. 2029—473
available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by section 5376 of title 5, United
States Code; or for purposes which are not in accordance with
section 200 of title 2 of the Code of Federal Regulations, including
the restrictions on compensation for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452),
all interest and earnings accruing to the Israeli Arab Scholarship
Fund on or before September 30, 2016, to remain available until
expended.
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical Interchange
Between East and West Act of 1960, by grant to the Center for
Cultural and Technical Interchange Between East and West in
the State of Hawaii, $16,700,000.
NATIONAL ENDOWMENT

FOR

DEMOCRACY

For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for Democracy Act (22 U.S.C. 4412), $170,000,000, to remain
available until expended, of which $117,500,000 shall be allocated
in the traditional and customary manner, including for the core
institutes, and $52,500,000 shall be for democracy programs.
OTHER COMMISSIONS
COMMISSION

FOR THE

PRESERVATION
ABROAD

OF

AMERICA’S HERITAGE

SALARIES AND EXPENSES

For necessary expenses for the Commission for the Preservation
of America’s Heritage Abroad, $676,000, as authorized by chapter
3123 of title 54, United States Code: Provided, That the Commission
may procure temporary, intermittent, and other services notwithstanding paragraph (3) of section 312304(b) of such chapter: Provided further, That such authority shall terminate on October 1,
2016: Provided further, That the Commission shall notify the
Committees on Appropriations prior to exercising such authority.
UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS
FREEDOM
SALARIES AND EXPENSES

For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et

H. R. 2029—474
seq.), $3,500,000, to remain available until September 30, 2017,
including not more than $4,000 for representation expenses.
COMMISSION

ON

SECURITY

AND

COOPERATION

IN

EUROPE

SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94–304,
$2,579,000, including not more than $4,000 for representation
expenses, to remain available until September 30, 2017.
CONGRESSIONAL-EXECUTIVE COMMISSION
REPUBLIC OF CHINA

ON THE

PEOPLE’S

SALARIES AND EXPENSES

For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized by title III
of the U.S.-China Relations Act of 2000 (22 U.S.C. 6911 et seq.),
$2,000,000, including not more than $3,000 for representation
expenses, to remain available until September 30, 2017.
UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW
COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $3,500,000, including not more
than $4,000 for representation expenses, to remain available until
September 30, 2017: Provided, That the authorities, requirements,
limitations, and conditions contained in the second through sixth
provisos under this heading in the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117) shall continue in effect during
fiscal year 2016 and shall apply to funds appropriated under this
heading as if included in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
FUNDS APPROPRIATED

TO THE

PRESIDENT

OPERATING EXPENSES

For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $1,143,614,000, of which
up to $171,542,000 may remain available until September 30, 2017:
Provided, That none of the funds appropriated under this heading
and under the heading ‘‘Capital Investment Fund’’ in this title
may be made available to finance the construction (including
architect and engineering services), purchase, or long-term lease
of offices for use by the United States Agency for International

H. R. 2029—475
Development (USAID), unless the USAID Administrator has identified such proposed use of funds in a report submitted to the Committees on Appropriations at least 15 days prior to the obligation
of funds for such purposes: Provided further, That contracts or
agreements entered into with funds appropriated under this
heading may entail commitments for the expenditure of such funds
through the following fiscal year: Provided further, That the
authority of sections 610 and 109 of the Foreign Assistance Act
of 1961 may be exercised by the Secretary of State to transfer
funds appropriated to carry out chapter 1 of part I of such Act
to ‘‘Operating Expenses’’ in accordance with the provisions of those
sections: Provided further, That of the funds appropriated or made
available under this heading, not to exceed $250,000 may be available for representation and entertainment expenses, of which not
to exceed $5,000 may be available for entertainment expenses,
and not to exceed $100,500 shall be for official residence expenses,
for USAID during the current fiscal year.
CAPITAL INVESTMENT FUND

For necessary expenses for overseas construction and related
costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section
667 of the Foreign Assistance Act of 1961, $168,300,000, to remain
available until expended: Provided, That this amount is in addition
to funds otherwise available for such purposes: Provided further,
That funds appropriated under this heading shall be available
subject to the regular notification procedures of the Committees
on Appropriations.
OFFICE OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $66,000,000, of which
up to $9,900,000 may remain available until September 30, 2017,
for the Office of Inspector General of the United States Agency
for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED

TO THE

PRESIDENT

For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
GLOBAL HEALTH PROGRAMS

For necessary expenses to carry out the provisions of chapters
1 and 10 of part I of the Foreign Assistance Act of 1961, for
global health activities, in addition to funds otherwise available
for such purposes, $2,833,450,000, to remain available until September 30, 2017, and which shall be apportioned directly to the
United States Agency for International Development (USAID): Provided, That this amount shall be made available for training, equipment, and technical assistance to build the capacity of public health

H. R. 2029—476
institutions and organizations in developing countries, and for such
activities as: (1) child survival and maternal health programs; (2)
immunization and oral rehydration programs; (3) other health,
nutrition, water and sanitation programs which directly address
the needs of mothers and children, and related education programs;
(4) assistance for children displaced or orphaned by causes other
than AIDS; (5) programs for the prevention, treatment, control
of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS,
including children infected or affected by AIDS; (6) disaster
preparedness training for health crises; and (7) family planning/
reproductive health: Provided further, That funds appropriated
under this paragraph may be made available for a United States
contribution to the GAVI Alliance: Provided further, That none
of the funds made available in this Act nor any unobligated balances
from prior appropriations Acts may be made available to any
organization or program which, as determined by the President
of the United States, supports or participates in the management
of a program of coercive abortion or involuntary sterilization: Provided further, That any determination made under the previous
proviso must be made not later than 6 months after the date
of enactment of this Act, and must be accompanied by the evidence
and criteria utilized to make the determination: Provided further,
That none of the funds made available under this Act may be
used to pay for the performance of abortion as a method of family
planning or to motivate or coerce any person to practice abortions:
Provided further, That nothing in this paragraph shall be construed
to alter any existing statutory prohibitions against abortion under
section 104 of the Foreign Assistance Act of 1961: Provided further,
That none of the funds made available under this Act may be
used to lobby for or against abortion: Provided further, That in
order to reduce reliance on abortion in developing nations, funds
shall be available only to voluntary family planning projects which
offer, either directly or through referral to, or information about
access to, a broad range of family planning methods and services,
and that any such voluntary family planning project shall meet
the following requirements: (1) service providers or referral agents
in the project shall not implement or be subject to quotas, or
other numerical targets, of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the use
of quantitative estimates or indicators for budgeting and planning
purposes); (2) the project shall not include payment of incentives,
bribes, gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B) program
personnel for achieving a numerical target or quota of total number
of births, number of family planning acceptors, or acceptors of
a particular method of family planning; (3) the project shall not
deny any right or benefit, including the right of access to participate
in any program of general welfare or the right of access to health
care, as a consequence of any individual’s decision not to accept
family planning services; (4) the project shall provide family planning acceptors comprehensible information on the health benefits
and risks of the method chosen, including those conditions that
might render the use of the method inadvisable and those adverse
side effects known to be consequent to the use of the method;

H. R. 2029—477
and (5) the project shall ensure that experimental contraceptive
drugs and devices and medical procedures are provided only in
the context of a scientific study in which participants are advised
of potential risks and benefits; and, not less than 60 days after
the date on which the USAID Administrator determines that there
has been a violation of the requirements contained in paragraph
(1), (2), (3), or (5) of this proviso, or a pattern or practice of
violations of the requirements contained in paragraph (4) of this
proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation
and the corrective action taken by the Agency: Provided further,
That in awarding grants for natural family planning under section
104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant’s religious or conscientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements
of the previous proviso: Provided further, That for purposes of
this or any other Act authorizing or appropriating funds for the
Department of State, foreign operations, and related programs,
the term ‘‘motivate’’, as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent with
local law, of information or counseling about all pregnancy options:
Provided further, That information provided about the use of
condoms as part of projects or activities that are funded from
amounts appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of such
use.
In addition, for necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $5,670,000,000, to
remain available until September 30, 2020, which shall be apportioned directly to the Department of State: Provided, That funds
appropriated under this paragraph may be made available, notwithstanding any other provision of law, except for the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (Public Law 108–25), as amended, for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and
Malaria (Global Fund), and shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That the amount of such contribution should
be $1,350,000,000: Provided further, That section 202(d)(4)(A)(i)
and (vi) of Public Law 108–25, as amended, shall be applied with
respect to such funds made available for fiscal years 2015 and
2016 by substituting ‘‘2004’’ for ‘‘2009’’: Provided further, That up
to 5 percent of the aggregate amount of funds made available
to the Global Fund in fiscal year 2016 may be made available
to USAID for technical assistance related to the activities of the
Global Fund, subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds
appropriated under this paragraph, up to $17,000,000 may be made
available, in addition to amounts otherwise available for such purposes, for administrative expenses of the Office of the United States
Global AIDS Coordinator.

H. R. 2029—478
DEVELOPMENT ASSISTANCE

For necessary expenses to carry out the provisions of sections
103, 105, 106, 214, and sections 251 through 255, and chapter
10 of part I of the Foreign Assistance Act of 1961, $2,780,971,000,
to remain available until September 30, 2017.
INTERNATIONAL DISASTER ASSISTANCE

For necessary expenses to carry out the provisions of section
491 of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $874,763,000,
to remain available until expended.
TRANSITION INITIATIVES

For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transition Initiatives, United States Agency for International Development (USAID), pursuant to section 491 of the Foreign Assistance
Act of 1961, $30,000,000, to remain available until expended, to
support transition to democracy and long-term development of countries in crisis: Provided, That such support may include assistance
to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict: Provided further, That the USAID Administrator
shall submit a report to the Committees on Appropriations at
least 5 days prior to beginning a new program of assistance: Provided further, That if the Secretary of State determines that it
is important to the national interest of the United States to provide
transition assistance in excess of the amount appropriated under
this heading, up to $15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign Assistance
Act of 1961 may be used for purposes of this heading and under
the authorities applicable to funds appropriated under this heading:
Provided further, That funds made available pursuant to the previous proviso shall be made available subject to prior consultation
with the Committees on Appropriations.
COMPLEX CRISES FUND

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 to support programs and activities
to prevent or respond to emerging or unforeseen foreign challenges
and complex crises overseas, $10,000,000, to remain available until
expended: Provided, That funds appropriated under this heading
may be made available on such terms and conditions as are appropriate and necessary for the purposes of preventing or responding
to such challenges and crises, except that no funds shall be made
available for lethal assistance or to respond to natural disasters:
Provided further, That funds appropriated under this heading may
be made available notwithstanding any other provision of law,
except sections 7007, 7008, and 7018 of this Act and section 620M
of the Foreign Assistance Act of 1961: Provided further, That funds
appropriated under this heading may be used for administrative
expenses, in addition to funds otherwise made available for such
purposes, except that such expenses may not exceed 5 percent
of the funds appropriated under this heading: Provided further,

H. R. 2029—479
That funds appropriated under this heading shall be subject to
the regular notification procedures of the Committees on Appropriations, except that such notifications shall be transmitted at least
5 days prior to the obligation of funds.
DEVELOPMENT CREDIT AUTHORITY

For the cost of direct loans and loan guarantees provided by
the United States Agency for International Development (USAID),
as authorized by sections 256 and 635 of the Foreign Assistance
Act of 1961, up to $40,000,000 may be derived by transfer from
funds appropriated by this Act to carry out part I of such Act
and under the heading ‘‘Assistance for Europe, Eurasia and Central
Asia’’: Provided, That funds provided under this paragraph and
funds provided as a gift that are used for purposes of this paragraph
pursuant to section 635(d) of the Foreign Assistance Act of 1961
shall be made available only for micro- and small enterprise programs, urban programs, and other programs which further the
purposes of part I of such Act: Provided further, That such costs,
including the cost of modifying such direct and guaranteed loans,
shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That funds made available by this paragraph may be used for the cost of modifying
any such guaranteed loans under this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, and funds used for such costs shall be subject
to the regular notification procedures of the Committees on Appropriations: Provided further, That the provisions of section 107A(d)
(relating to general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as contained
in section 306 of H.R. 1486 as reported by the House Committee
on International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this heading,
except that the principal amount of loans made or guaranteed
under this heading with respect to any single country shall not
exceed $300,000,000: Provided further, That these funds are available to subsidize total loan principal, any portion of which is to
be guaranteed, of up to $1,500,000,000.
In addition, for administrative expenses to carry out credit
programs administered by USAID, $8,120,000, which may be transferred to, and merged with, funds made available under the heading
‘‘Operating Expenses’’ in title II of this Act: Provided, That funds
made available under this heading shall remain available until
September 30, 2018.
ECONOMIC SUPPORT FUND

For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961, $1,896,315,000,
to remain available until September 30, 2017.
DEMOCRACY FUND

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally,
$150,500,000, to remain available until September 30, 2017, of
which $88,500,000 shall be made available for the Human Rights
and Democracy Fund of the Bureau of Democracy, Human Rights

H. R. 2029—480
and Labor, Department of State, and $62,000,000 shall be made
available for the Bureau for Democracy, Conflict, and Humanitarian
Assistance, United States Agency for International Development.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961, the FREEDOM Support Act (Public
Law 102–511), and the Support for Eastern European Democracy
(SEED) Act of 1989 (Public Law 101–179), $491,119,000, to remain
available until September 30, 2017, which shall be available, notwithstanding any other provision of law, except section 7070 of
this Act, for assistance and related programs for countries identified
in section 3 of Public Law 102–511 and section 3(c) of Public
Law 101–179, in addition to funds otherwise available for such
purposes: Provided, That funds appropriated by this Act under
the headings ‘‘Global Health Programs’’ and ‘‘Economic Support
Fund’’ that are made available for assistance for such countries
shall be administered in accordance with the responsibilities of
the coordinator designated pursuant to section 102 of Public Law
102–511 and section 601 of Public Law 101–179: Provided further,
That funds appropriated under this heading shall be considered
to be economic assistance under the Foreign Assistance Act of
1961 for purposes of making available the administrative authorities contained in that Act for the use of economic assistance.
DEPARTMENT

OF

STATE

MIGRATION AND REFUGEE ASSISTANCE

For necessary expenses not otherwise provided for, to enable
the Secretary of State to carry out the provisions of section 2(a)
and (b) of the Migration and Refugee Assistance Act of 1962, and
other activities to meet refugee and migration needs; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1980; allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and hire
of passenger motor vehicles; and services as authorized by section
3109 of title 5, United States Code, $931,886,000, to remain available until expended, of which not less than $35,000,000 shall be
made available to respond to small-scale emergency humanitarian
requirements, and $10,000,000 shall be made available for refugees
resettling in Israel.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE
FUND

For necessary expenses to carry out the provisions of section
2(c) of the Migration and Refugee Assistance Act of 1962, as
amended (22 U.S.C. 2601(c)), $50,000,000, to remain available until
expended.

H. R. 2029—481
INDEPENDENT AGENCIES
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not
to exceed five passenger motor vehicles for administrative purposes
for use outside of the United States, $410,000,000, of which
$5,150,000 is for the Office of Inspector General, to remain available
until September 30, 2017: Provided, That the Director of the Peace
Corps may transfer to the Foreign Currency Fluctuations Account,
as authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further, That
funds transferred pursuant to the previous proviso may not be
derived from amounts made available for Peace Corps overseas
operations: Provided further, That of the funds appropriated under
this heading, not to exceed $104,000 may be available for representation expenses, of which not to exceed $4,000 may be made available for entertainment expenses: Provided further, That any decision to open, close, significantly reduce, or suspend a domestic
or overseas office or country program shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations, except that prior consultation and
regular notification procedures may be waived when there is a
substantial security risk to volunteers or other Peace Corps personnel, pursuant to section 7015(e) of this Act: Provided further,
That none of the funds appropriated under this heading shall be
used to pay for abortions: Provided further, That notwithstanding
the previous proviso, section 614 of division E of Public Law 113–
76 shall apply to funds appropriated under this heading.
MILLENNIUM CHALLENGE CORPORATION

For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$901,000,000, to remain available until expended: Provided, That
of the funds appropriated under this heading, up to $105,000,000
may be available for administrative expenses of the Millennium
Challenge Corporation (the Corporation): Provided further, That
up to 5 percent of the funds appropriated under this heading
may be made available to carry out the purposes of section 616
of the MCA for fiscal year 2016: Provided further, That section
605(e) of the MCA shall apply to funds appropriated under this
heading: Provided further, That funds appropriated under this
heading may be made available for a Millennium Challenge Compact entered into pursuant to section 609 of the MCA only if
such Compact obligates, or contains a commitment to obligate subject to the availability of funds and the mutual agreement of the
parties to the Compact to proceed, the entire amount of the United
States Government funding anticipated for the duration of the
Compact: Provided further, That the Chief Executive Officer of
the Corporation shall notify the Committees on Appropriations not
later than 15 days prior to commencing negotiations for any country
compact or threshold country program; signing any such compact

H. R. 2029—482
or threshold program; or terminating or suspending any such compact or threshold program: Provided further, That funds appropriated under this heading by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs that are available to implement section 609(g)
of the MCA shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That no
country should be eligible for a threshold program after such
country has completed a country compact: Provided further, That
any funds that are deobligated from a Millennium Challenge Compact shall be subject to the regular notification procedures of the
Committees on Appropriations prior to re-obligation: Provided further, That notwithstanding section 606(a)(2) of the MCA, a country
shall be a candidate country for purposes of eligibility for assistance
for the fiscal year if the country has a per capita income equal
to or below the World Bank’s lower middle income country threshold
for the fiscal year and is among the 75 lowest per capita income
countries as identified by the World Bank; and the country meets
the requirements of section 606(a)(1)(B) of the MCA: Provided further, That notwithstanding section 606(b)(1) of the MCA, in addition
to countries described in the preceding proviso, a country shall
be a candidate country for purposes of eligibility for assistance
for the fiscal year if the country has a per capita income equal
to or below the World Bank’s lower middle income country threshold
for the fiscal year and is not among the 75 lowest per capita
income countries as identified by the World Bank; and the country
meets the requirements of section 606(a)(1)(B) of the MCA: Provided
further, That any Millennium Challenge Corporation candidate
country under section 606 of the MCA with a per capita income
that changes in the fiscal year such that the country would be
reclassified from a low income country to a lower middle income
country or from a lower middle income country to a low income
country shall retain its candidacy status in its former income classification for the fiscal year and the 2 subsequent fiscal years: Provided further, That publication in the Federal Register of a notice
of availability of a copy of a Compact on the Millennium Challenge
Corporation Web site shall be deemed to satisfy the requirements
of section 610(b)(2) of the MCA for such Compact: Provided further,
That none of the funds made available by this Act or prior Acts
making appropriations for the Department of State, foreign operations, and related programs shall be available for a threshold
program in a country that is not currently a candidate country:
Provided further, That the Comptroller General of the United States
shall provide to the appropriate congressional committees a review
of authorities that may allow the Millennium Challenge Corporation
to obligate funds that are unobligated from prior fiscal years for
compacts in countries that are not eligible for a compact in the
current fiscal year: Provided further, That such review shall include
an assessment as set forth in the explanatory statement described
in section 4 (in the matter preceding division A of this Consolidated
Act): Provided further, That funds appropriated under this heading
shall be used on a reimbursable basis for such review: Provided
further, That of the funds appropriated under this heading, not
to exceed $100,000 may be available for representation and entertainment expenses, of which not to exceed $5,000 may be available
for entertainment expenses.

H. R. 2029—483
INTER-AMERICAN FOUNDATION

For necessary expenses to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section
401 of the Foreign Assistance Act of 1969, $22,500,000, to remain
available until September 30, 2017: Provided, That of the funds
appropriated under this heading, not to exceed $2,000 may be
available for representation expenses.
UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980 (Public Law
96–533), $30,000,000, to remain available until September 30, 2017,
of which not to exceed $2,000 may be available for representation
expenses: Provided, That funds made available to grantees may
be invested pending expenditure for project purposes when authorized by the Board of Directors of the United States African Development Foundation (USADF): Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act, in exceptional circumstances
the Board of Directors of the USADF may waive the $250,000
limitation contained in that section with respect to a project and
a project may exceed the limitation by up to 10 percent if the
increase is due solely to foreign currency fluctuation: Provided
further, That the USADF shall submit a report to the Committees
on Appropriations after each time such waiver authority is exercised: Provided further, That the USADF may make rent or lease
payments in advance from appropriations available for such purpose
for offices, buildings, grounds, and quarters in Africa as may be
necessary to carry out its functions: Provided further, That the
USADF may maintain bank accounts outside the United States
Treasury and retain any interest earned on such accounts, in furtherance of the purposes of the African Foundation Development
Act: Provided further, That the USADF may not withdraw any
appropriation from the Treasury prior to the need of spending
such funds for program purposes.
DEPARTMENT

OF THE

TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For necessary expenses to carry out the provisions of section
129 of the Foreign Assistance Act of 1961, $23,500,000, to remain
available until September 30, 2018, which shall be available notwithstanding any other provision of law.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
DEPARTMENT

OF

STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $894,821,000, to remain available until

H. R. 2029—484
September 30, 2017: Provided, That the provision of assistance
by any other United States Government department or agency
which is comparable to assistance that may be made available
under this heading, but which is provided under any other provision
of law, should be provided only with the concurrence of the Secretary of State and in accordance with the provisions of sections
481(b) and 622(c) of the Foreign Assistance Act of 1961: Provided
further, That the Department of State may use the authority of
section 608 of the Foreign Assistance Act of 1961, without regard
to its restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing such
property to a foreign country or international organization under
chapter 8 of part I of that Act, subject to the regular notification
procedures of the Committees on Appropriations: Provided further,
That section 482(b) of the Foreign Assistance Act of 1961 shall
not apply to funds appropriated under this heading, except that
any funds made available notwithstanding such section shall be
subject to the regular notification procedures of the Committees
on Appropriations: Provided further, That funds appropriated under
this heading shall be made available to support training and technical assistance for foreign law enforcement, corrections, and other
judicial authorities, utilizing regional partners: Provided further,
That not less than $54,975,000 of the funds appropriated under
this heading shall be transferred to, and merged with, funds appropriated by this Act under the heading ‘‘Assistance for Europe,
Eurasia and Central Asia’’, which shall be available for the same
purposes as funds appropriated under this heading: Provided further, That funds made available under this heading that are transferred to another department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the Foreign
Assistance Act of 1961 valued in excess of $5,000,000, and any
agreement made pursuant to section 632(a) of such Act, shall be
subject to the regular notification procedures of the Committees
on Appropriations.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS

For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $506,381,000, to
remain available until September 30, 2017, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support
Act, section 23 of the Arms Export Control Act, or the Foreign
Assistance Act of 1961 for demining activities, the clearance of
unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of
1961 for a United States contribution to the Comprehensive Nuclear
Test Ban Treaty Preparatory Commission, and for a voluntary
contribution to the International Atomic Energy Agency (IAEA):
Provided, That the Secretary of State shall inform the appropriate
congressional committees of information regarding any separate
arrangements relating to the ‘‘Road-map for the Clarification of
Past and Present Outstanding Issues Regarding Iran’s Nuclear

H. R. 2029—485
Program’’ between the IAEA and the Islamic Republic of Iran,
in classified form if necessary, if such information becomes known
to the Department of State: Provided further, That for the clearance
of unexploded ordnance, the Secretary of State should prioritize
those areas where such ordnance was caused by the United States:
Provided further, That funds made available under this heading
for the Nonproliferation and Disarmament Fund shall be available
notwithstanding any other provision of law and subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations, to promote bilateral and multilateral activities relating to nonproliferation, disarmament, and
weapons destruction, and shall remain available until expended:
Provided further, That such funds may also be used for such countries other than the Independent States of the former Soviet Union
and international organizations when it is in the national security
interest of the United States to do so: Provided further, That funds
appropriated under this heading may be made available for the
IAEA unless the Secretary of State determines that Israel is being
denied its right to participate in the activities of that Agency:
Provided further, That funds made available under this heading
for the Counterterrorism Partnerships Fund shall be subject to
the regular notification procedures of the Committees on Appropriations: Provided further, That funds made available for conventional
weapons destruction programs, including demining and related
activities, in addition to funds otherwise available for such purposes,
may be used for administrative expenses related to the operation
and management of such programs and activities, subject to the
regular notification procedures of the Committees on Appropriations.
PEACEKEEPING OPERATIONS

For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $131,361,000: Provided,
That funds appropriated under this heading may be used, notwithstanding section 660 of such Act, to provide assistance to enhance
the capacity of foreign civilian security forces, including gendarmes,
to participate in peacekeeping operations: Provided further, That
of the funds appropriated under this heading, not less than
$35,000,000 shall be made available for a United States contribution
to the Multinational Force and Observers mission in the Sinai:
Provided further, That none of the funds appropriated under this
heading shall be obligated except as provided through the regular
notification procedures of the Committees on Appropriations.
FUNDS APPROPRIATED

TO THE

PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section
541 of the Foreign Assistance Act of 1961, $108,115,000, of which
up to $4,000,000 may remain available until September 30, 2017:
Provided, That the civilian personnel for whom military education
and training may be provided under this heading may include
civilians who are not members of a government whose participation
would contribute to improved civil-military relations, civilian control
of the military, or respect for human rights: Provided further,

H. R. 2029—486
That of the funds appropriated under this heading, not to exceed
$55,000 may be available for entertainment expenses.
FOREIGN MILITARY FINANCING PROGRAM

For necessary expenses for grants to enable the President to
carry out the provisions of section 23 of the Arms Export Control
Act, $4,737,522,000: Provided, That to expedite the provision of
assistance to foreign countries and international organizations, the
Secretary of State, following consultation with the Committees on
Appropriations and subject to the regular notification procedures
of such Committees, may use the funds appropriated under this
heading to procure defense articles and services to enhance the
capacity of foreign security forces: Provided further, That of the
funds appropriated under this heading, not less than $3,100,000,000
shall be available for grants only for Israel, and funds are available
for assistance for Jordan and Egypt subject to section 7041 of
this Act: Provided further, That the funds appropriated under this
heading for assistance for Israel shall be disbursed within 30 days
of enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel under this heading
shall, as agreed by the United States and Israel, be available
for advanced weapons systems, of which not less than $815,300,000
shall be available for the procurement in Israel of defense articles
and defense services, including research and development: Provided
further, That none of the funds made available under this heading
shall be made available to support or continue any program initially
funded under the authority of section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119
Stat. 3456), or section 2282 of title 10, United States Code, unless
the Secretary of State, in coordination with the Secretary of Defense,
has justified such program to the Committees on Appropriations:
Provided further, That funds appropriated or otherwise made available under this heading shall be nonrepayable notwithstanding
any requirement in section 23 of the Arms Export Control Act:
Provided further, That funds made available under this heading
shall be obligated upon apportionment in accordance with paragraph (5)(C) of section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act unless the foreign country proposing to make such procurement
has first signed an agreement with the United States Government
specifying the conditions under which such procurement may be
financed with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 7015 of this Act: Provided further,
That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That only those countries for which
assistance was justified for the ‘‘Foreign Military Sales Financing
Program’’ in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available

H. R. 2029—487
under this heading for procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act: Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That
not more than $75,000,000 of the funds appropriated under this
heading may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only for use
outside of the United States, for the general costs of administering
military assistance and sales, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds
made available under this heading for general costs of administering
military assistance and sales, not to exceed $4,000 may be available
for entertainment expenses and not to exceed $130,000 may be
available for representation expenses: Provided further, That not
more than $904,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal year
2016 pursuant to section 43(b) of the Arms Export Control Act,
except that this limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
FUNDS APPROPRIATED

TO THE

PRESIDENT

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For necessary expenses to carry out the provisions of section
301 of the Foreign Assistance Act of 1961, and of section 2 of
the United Nations Environment Program Participation Act of 1973,
$339,000,000, of which up to $10,000,000 may be made available
for the Intergovernmental Panel on Climate Change/United Nations
Framework Convention on Climate Change: Provided, That section
307(a) of the Foreign Assistance Act of 1961 shall not apply to
contributions to the United Nations Democracy Fund.
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY

For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by
the Secretary of the Treasury, $168,263,000, to remain available
until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment to the International Development Association by
the Secretary of the Treasury, $1,197,128,000, to remain available
until expended.

H. R. 2029—488
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION
AND DEVELOPMENT

For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States
share of the paid-in portion of the increases in capital stock,
$186,957,000, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed
$2,928,990,899.
CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

For payment to the International Bank for Reconstruction and
Development as trustee for the Clean Technology Fund by the
Secretary of the Treasury, $170,680,000, to remain available until
expended.
CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

For payment to the International Bank for Reconstruction and
Development as trustee for the Strategic Climate Fund by the
Secretary of the Treasury, $49,900,000, to remain available until
expended.
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

For payment to the Inter-American Development Bank by the
Secretary of the Treasury for the United States share of the paidin portion of the increase in capital stock, $102,020,448, to remain
available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the Inter-American Development
Bank may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital stock
in an amount not to exceed $4,098,794,833.
CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

For payment to the Asian Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion
of increase in capital stock, $5,608,435, to remain available until
expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

For payment to the Asian Development Bank’s Asian Development Fund by the Secretary of the Treasury, $104,977,000, to
remain available until expended.

H. R. 2029—489
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

For payment to the African Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion
of the increase in capital stock, $34,118,027, to remain available
until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an
amount not to exceed $507,860,808.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

For payment to the African Development Fund by the Secretary
of the Treasury, $175,668,000, to remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL
DEVELOPMENT

For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $31,930,000, to
remain available until expended.
GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

For payment to the Global Agriculture and Food Security Program by the Secretary of the Treasury, $43,000,000, to remain
available until expended.
CONTRIBUTION TO THE NORTH AMERICAN DEVELOPMENT BANK

For payment to the North American Development Bank by
the Secretary of the Treasury for the United States share of the
paid-in portion of the increase in capital stock, $10,000,000, to
remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The Secretary of the Treasury may subscribe without fiscal
year limitation to the callable capital portion of the United States
share of such capital stock in an amount not to exceed $255,000,000.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK

OF THE

UNITED STATES

INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $6,000,000, to remain available until September 30,
2017.

H. R. 2029—490
PROGRAM ACCOUNT

The Export-Import Bank (the Bank) of the United States is
authorized to make such expenditures within the limits of funds
and borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by section
104 of the Government Corporation Control Act, as may be necessary in carrying out the program for the current fiscal year
for such corporation: Provided, That none of the funds available
during the current fiscal year may be used to make expenditures,
contracts, or commitments for the export of nuclear equipment,
fuel, or technology to any country, other than a nuclear-weapon
state as defined in Article IX of the Treaty on the Non-Proliferation
of Nuclear Weapons eligible to receive economic or military assistance under this Act, that has detonated a nuclear explosive after
the date of the enactment of this Act.
ADMINISTRATIVE EXPENSES

For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger
motor vehicles and services as authorized by section 3109 of title
5, United States Code, and not to exceed $30,000 for official reception and representation expenses for members of the Board of
Directors, not to exceed $106,250,000: Provided, That the ExportImport Bank (the Bank) may accept, and use, payment or services
provided by transaction participants for legal, financial, or technical
services in connection with any transaction for which an application
for a loan, guarantee or insurance commitment has been made:
Provided further, That the Bank shall charge fees for necessary
expenses (including special services performed on a contract or
fee basis, but not including other personal services) in connection
with the collection of moneys owed the Bank, repossession or sale
of pledged collateral or other assets acquired by the Bank in satisfaction of moneys owed the Bank, or the investigation or appraisal
of any property, or the evaluation of the legal, financial, or technical
aspects of any transaction for which an application for a loan,
guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further,
That in addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account for such purposes, to remain available until expended.
RECEIPTS COLLECTED

Receipts collected pursuant to the Export-Import Bank Act
of 1945, as amended, and the Federal Credit Reform Act of 1990,
as amended, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this account:
Provided, That the sums herein appropriated from the General
Fund shall be reduced on a dollar-for-dollar basis by such offsetting
collections so as to result in a final fiscal year appropriation from
the General Fund estimated at $0: Provided further, That amounts
collected in fiscal year 2016 in excess of obligations, up to
$10,000,000 shall become available on September 1, 2016, and
shall remain available until September 30, 2019.

H. R. 2029—491
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT

The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by section 9104 of title 31, United States Code, such expenditures
and commitments within the limits of funds available to it and
in accordance with law as may be necessary: Provided, That the
amount available for administrative expenses to carry out the credit
and insurance programs (including an amount for official reception
and representation expenses which shall not exceed $35,000) shall
not exceed $62,787,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred in
claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to
section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
PROGRAM ACCOUNT

For the cost of direct and guaranteed loans, $20,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961,
to be derived by transfer from the Overseas Private Investment
Corporation Noncredit Account: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further,
That such sums shall be available for direct loan obligations and
loan guaranty commitments incurred or made during fiscal years
2016, 2017, and 2018: Provided further, That funds so obligated
in fiscal year 2016 remain available for disbursement through 2024;
funds obligated in fiscal year 2017 remain available for disbursement through 2025; and funds obligated in fiscal year 2018 remain
available for disbursement through 2026: Provided further, That
notwithstanding any other provision of law, the Overseas Private
Investment Corporation is authorized to undertake any program
authorized by title IV of chapter 2 of part I of the Foreign Assistance
Act of 1961 in Iraq: Provided further, That funds made available
pursuant to the authority of the previous proviso shall be subject
to the regular notification procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from
amounts available for administrative expenses to carry out the
credit and insurance programs in the Overseas Private Investment
Corporation Noncredit Account and merged with said account.
TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $60,000,000, to remain
available until September 30, 2017: Provided, That of the amounts
made available under this heading, up to $2,500,000 may be made
available to provide comprehensive procurement advice to foreign
governments to support local procurements funded by the United
States Agency for International Development, the Millennium Challenge Corporation, and the Department of State: Provided further,
That of the funds appropriated under this heading, not more than

H. R. 2029—492
$5,000 may be available for representation and entertainment
expenses.
TITLE VII
GENERAL PROVISIONS
ALLOWANCES AND DIFFERENTIALS

SEC. 7001. Funds appropriated under title I of this Act shall
be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and
for hire of passenger transportation pursuant to section 1343(b)
of title 31, United States Code.
UNOBLIGATED BALANCES REPORT

SEC. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative unobligated balances
and obligated, but unexpended, balances by program, project, and
activity, and Treasury Account Fund Symbol of all funds received
by such department or agency in fiscal year 2016 or any previous
fiscal year, disaggregated by fiscal year: Provided, That the report
required by this section should specify by account the amount
of funds obligated pursuant to bilateral agreements which have
not been further sub-obligated.
CONSULTING SERVICES

SEC. 7003. The expenditure of any appropriation under title
I of this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures are
a matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing
Executive Order issued pursuant to existing law.
DIPLOMATIC FACILITIES

SEC. 7004. (a) CAPITAL SECURITY COST SHARING.—Of funds
provided under title I of this Act, except as provided in subsection
(b), a project to construct a diplomatic facility of the United States
may not include office space or other accommodations for an
employee of a Federal agency or department if the Secretary of
State determines that such department or agency has not provided
to the Department of State the full amount of funding required
by subsection (e) of section 604 of the Secure Embassy Construction
and Counterterrorism Act of 1999 (as enacted into law by section
1000(a)(7) of Public Law 106–113 and contained in appendix G
of that Act; 113 Stat. 1501A–453), as amended by section 629
of the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2005.
(b) EXCEPTION.—Notwithstanding the prohibition in subsection
(a), a project to construct a diplomatic facility of the United States

H. R. 2029—493
may include office space or other accommodations for members
of the United States Marine Corps.
(c) NEW DIPLOMATIC FACILITIES.—For the purposes of calculating the fiscal year 2016 costs of providing new United States
diplomatic facilities in accordance with section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C.
4865 note), the Secretary of State, in consultation with the Director
of the Office of Management and Budget, shall determine the annual
program level and agency shares in a manner that is proportional
to the Department of State’s contribution for this purpose.
(d) CONSULTATION AND NOTIFICATION REQUIREMENTS.—Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related programs, which may be made available for the acquisition of property
or award of construction contracts for overseas diplomatic facilities
during fiscal year 2016, shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations: Provided, That notifications pursuant to this subsection shall include the information enumerated under the heading
‘‘Embassy Security, Construction, and Maintenance’’ in House
Report 114–154: Provided further, That any such notification for
a new diplomatic facility justified to the Committees on Appropriations in Appendix 1 of the Congressional Budget Justification,
Department of State, Diplomatic Engagement, Fiscal Year 2016,
or not previously justified to such Committees, shall also include
confirmation that the Department of State has completed the requisite value engineering studies required pursuant to OMB Circular
A–131, Value Engineering December 31, 2013 and the Bureau
of Overseas Building Operations Policy and Procedure Directive,
P&PD, Cost 02: Value Engineering.
(e) REPORTS.—
(1) None of the funds appropriated under the heading
‘‘Embassy Security, Construction, and Maintenance’’ in this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs, made available through Federal agency Capital Security Cost Sharing
contributions and reimbursements, or generated from the proceeds of real property sales, other than from real property
sales located in London, United Kingdom, may be made available for site acquisition and mitigation, planning, design, or
construction of the New London Embassy: Provided, That the
reporting requirement contained in section 7004(f)(2) of the
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–
74) shall remain in effect during fiscal year 2016.
(2) Within 45 days of enactment of this Act and every
4 months thereafter until September 30, 2016, the Secretary
of State shall submit to the Committees on Appropriations
a report on the new Mexico City Embassy and Beirut Embassy
projects: Provided, That such report shall include, for each
of the projects—
(A) cost projections;
(B) cost containment efforts;
(C) project schedule and actual project status;
(D) the impact of currency exchange rate fluctuations
on project costs;

H. R. 2029—494
(E) revenues derived from, or estimated to be derived
from, real property sales in Mexico City, Mexico for the
embassy project in Mexico City and in Beirut, Lebanon
for the embassy project in Beirut; and
(F) options for modifying the scope of the project in
the event that costs escalate above amounts justified to
the Committees on Appropriations in Appendix 1 of the
Congressional Budget Justification, Department of State
Operations, Fiscal Year 2015 for the Mexico City Embassy
project, and in Appendix 1 of the Congressional Budget
Justification, Department of State, Diplomatic Engagement, Fiscal Year 2016 for the Beirut Embassy project.
(f) INTERIM AND TEMPORARY FACILITIES ABROAD.—
(1) Funds appropriated by this Act under the heading
‘‘Embassy Security, Construction, and Maintenance’’ may be
made available to address security vulnerabilities at interim
and temporary facilities abroad, including physical security
upgrades and local guard staffing, except that the amount
of funds made available for such purposes from this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be a minimum
of $25,000,000: Provided, That the uses of such funds should
be the responsibility of the Assistant Secretary of State for
the Bureau of Diplomatic Security and Foreign Missions, in
consultation with the Director of the Bureau of Overseas
Buildings Operations: Provided further, That such funds shall
be subject to prior consultation with the Committees on Appropriations.
(2) Notwithstanding any other provision of law, the
opening, closure, or any significant modification to an interim
or temporary diplomatic facility shall be subject to prior consultation with the appropriate congressional committees and
the regular notification procedures of the Committees on Appropriations, except that such consultation and notification may
be waived if there is a security risk to personnel.
(3) Not later than 60 days after enactment of this Act,
the Department of State shall document standard operating
procedures and best practices associated with the delivery,
construction, and protection of temporary structures in high
threat and conflict environments: Provided, That the Secretary
of State shall inform the Committees on Appropriations after
completing such documentation.
(g) TRANSFER AUTHORITY.—Funds appropriated under the
heading ‘‘Diplomatic and Consular Programs’’, including for Worldwide Security Protection, and under the heading ‘‘Embassy Security,
Construction, and Maintenance’’ in titles I and VIII of this Act
may be transferred to, and merged with, funds appropriated by
such titles under such headings if the Secretary of State determines
and reports to the Committees on Appropriations that to do so
is necessary to implement the recommendations of the Benghazi
Accountability Review Board, or to prevent or respond to security
situations and requirements, following consultation with, and subject to the regular notification procedures of, such Committees:
Provided, That such transfer authority is in addition to any transfer
authority otherwise available under any other provision of law.

H. R. 2029—495
PERSONNEL ACTIONS

SEC. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available under title
I to such department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be necessary
to carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 7015 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures set forth in that section.
LOCAL GUARD CONTRACTS

SEC. 7006. In evaluating proposals for local guard contracts,
the Secretary of State shall award contracts in accordance with
section 136 of the Foreign Relations Authorization Act, Fiscal Years
1990 and 1991 (22 U.S.C. 4864), except that the Secretary may
grant authorization to award such contracts on the basis of best
value as determined by a cost-technical tradeoff analysis (as
described in Federal Acquisition Regulation part 15.101), notwithstanding subsection (c)(3) of such section: Provided, That the
authority in this section shall apply to any options for renewal
that may be exercised under such contracts that are awarded during
the current fiscal year: Provided further, That the Secretary shall
notify the appropriate congressional committees at least 15 days
prior to making an award pursuant to this section for a local
guard and protective service contract for a United States diplomatic
facility not deemed ‘‘high-risk, high-threat’’.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria:
Provided, That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans, credits, insurance, and guarantees of the Export-Import Bank or its agents.
´ TAT
COUPS D’E
SEC. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government
is deposed by military coup d’e´tat or decree or, after the date
of enactment of this Act, a coup d’e´tat or decree in which the
military plays a decisive role: Provided, That assistance may be
resumed to such government if the Secretary of State certifies
and reports to the appropriate congressional committees that subsequent to the termination of assistance a democratically elected
government has taken office: Provided further, That the provisions
of this section shall not apply to assistance to promote democratic
elections or public participation in democratic processes: Provided

H. R. 2029—496
further, That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the
Committees on Appropriations.
TRANSFER AUTHORITY

SEC. 7009. (a) DEPARTMENT OF STATE AND BROADCASTING
BOARD OF GOVERNORS.—
(1) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between,
and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers,
and no such transfer may be made to increase the appropriation
under the heading ‘‘Representation Expenses’’.
(2) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting Board
of Governors under title I of this Act may be transferred
between, and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers.
(3) Any transfer pursuant to this subsection shall be treated
as a reprogramming of funds under section 7015 of this Act
and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
(b) TITLE VI TRANSFER AUTHORITIES.—Not to exceed 5 percent
of any appropriation other than for administrative expenses made
available for fiscal year 2016, for programs under title VI of this
Act may be transferred between such appropriations for use for
any of the purposes, programs, and activities for which the funds
in such receiving account may be used, but no such appropriation,
except as otherwise specifically provided, shall be increased by
more than 25 percent by any such transfer: Provided, That the
exercise of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c) LIMITATION ON TRANSFERS BETWEEN AGENCIES.—
(1) None of the funds made available under titles II through
V of this Act may be transferred to any department, agency,
or instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority provided
in, this Act or any other appropriations Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign
Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions
of sections 109, 610, and 632 of the Foreign Assistance Act
of 1961.
(3) Any agreement entered into by the United States
Agency for International Development (USAID) or the Department of State with any department, agency, or instrumentality
of the United States Government pursuant to section 632(b)
of the Foreign Assistance Act of 1961 valued in excess of
$1,000,000 and any agreement made pursuant to section 632(a)
of such Act, with funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign

H. R. 2029—497
operations, and related programs under the headings ‘‘Global
Health Programs’’, ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, and ‘‘Assistance for Europe, Eurasia and Central
Asia’’ shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided, That the
requirement in the previous sentence shall not apply to agreements entered into between USAID and the Department of
State.
(d) TRANSFERS BETWEEN ACCOUNTS.—None of the funds made
available under titles II through V of this Act may be obligated
under an appropriation account to which such funds were not
appropriated, except for transfers specifically provided for in this
Act, unless the President, not less than 5 days prior to the exercise
of any authority contained in the Foreign Assistance Act of 1961
to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations.
(e) AUDIT OF INTER-AGENCY TRANSFERS.—Any agreement for
the transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the Department of State or USAID
and another agency of the United States Government under the
authority of section 632(a) of the Foreign Assistance Act of 1961
or any comparable provision of law, shall expressly provide that
the Inspector General (IG) for the agency receiving the transfer
or allocation of such funds, or other entity with audit responsibility
if the receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and report
to the Department of State or USAID, as appropriate, upon completion of such audits: Provided, That such audits shall be transmitted
to the Committees on Appropriations by the Department of State
or USAID, as appropriate: Provided further, That funds transferred
under such authority may be made available for the cost of such
audits.
(f) REPORT.—Not later than 90 days after enactment of this
Act, the Secretary of State and the USAID Administrator shall
each submit a report to the Committees on Appropriations detailing
all transfers to another agency of the United States Government
made pursuant to sections 632(a) and 632(b) of the Foreign Assistance Act of 1961 with funds provided in the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113–235) as of the date of enactment
of this Act: Provided, That such reports shall include a list of
each transfer made pursuant to such sections with the respective
funding level, appropriation account, and the receiving agency.
PROHIBITION ON FIRST-CLASS TRAVEL

SEC. 7010. None of the funds made available in this Act may
be used for first-class travel by employees of agencies funded by
this Act in contravention of sections 301–10.122 through 301–10.124
of title 41, Code of Federal Regulations.
AVAILABILITY OF FUNDS

SEC. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration of
the current fiscal year unless expressly so provided in this Act:
Provided, That funds appropriated for the purposes of chapters
1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of

H. R. 2029—498
part II of the Foreign Assistance Act of 1961, section 23 of the
Arms Export Control Act, and funds provided under the headings
‘‘Development Credit Authority’’ and ‘‘Assistance for Europe, Eurasia and Central Asia’’ shall remain available for an additional
4 years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially obligated
before the expiration of their respective periods of availability contained in this Act: Provided further, That notwithstanding any
other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 which are allocated or obligated for cash
disbursements in order to address balance of payments or economic
policy reform objectives, shall remain available for an additional
4 years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially allocated
or obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That the Secretary of State shall provide a report to the Committees on Appropriations not later than October 30, 2016, detailing by account
and source year, the use of this authority during the previous
fiscal year.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

SEC. 7012. No part of any appropriation provided under titles
III through VI in this Act shall be used to furnish assistance
to the government of any country which is in default during a
period in excess of 1 calendar year in payment to the United
States of principal or interest on any loan made to the government
of such country by the United States pursuant to a program for
which funds are appropriated under this Act unless the President
determines, following consultations with the Committees on Appropriations, that assistance for such country is in the national interest
of the United States.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

SEC. 7013. (a) PROHIBITION ON TAXATION.—None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which
such assistance is to be provided unless such agreement includes
a provision stating that assistance provided by the United States
shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary,
to conform with this requirement.
(b) REIMBURSEMENT OF FOREIGN TAXES.—An amount equivalent to 200 percent of the total taxes assessed during fiscal year
2016 on funds appropriated by this Act by a foreign government
or entity against United States assistance programs for which funds
are appropriated by this Act, either directly or through grantees,
contractors, and subcontractors shall be withheld from obligation
from funds appropriated for assistance for fiscal year 2017 and
allocated for the central government of such country and for the
West Bank and Gaza program to the extent that the Secretary
of State certifies and reports in writing to the Committees on

H. R. 2029—499
Appropriations, not later than September 30, 2017, that such taxes
have not been reimbursed to the Government of the United States.
(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection (b).
(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each country or entity pursuant to subsection (b) shall
be reprogrammed for assistance for countries which do not assess
taxes on United States assistance or which have an effective
arrangement that is providing substantial reimbursement of such
taxes, and that can reasonably accommodate such assistance in
a programmatically responsible manner.
(e) DETERMINATIONS.—
(1) The provisions of this section shall not apply to any
country or entity if the Secretary of State reports to the
Committees on Appropriations that—
(A) such country or entity does not assess taxes on
United States assistance or has an effective arrangement
that is providing substantial reimbursement of such taxes;
or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising
the authority of this subsection with regard to any country
or entity.
(f) IMPLEMENTATION.—The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(g) DEFINITIONS.—As used in this section—
(1) the term ‘‘bilateral agreement’’ refers to a framework
bilateral agreement between the Government of the United
States and the government of the country receiving assistance
that describes the privileges and immunities applicable to
United States foreign assistance for such country generally,
or an individual agreement between the Government of the
United States and such government that describes, among other
things, the treatment for tax purposes that will be accorded
the United States assistance provided under that agreement;
and
(2) the term ‘‘taxes and taxation’’ shall include value added
taxes and customs duties but shall not include individual
income taxes assessed to local staff.
(h) REPORT.—The Secretary of State, in consultation with the
heads of other relevant departments or agencies, shall submit a
report to the Committees on Appropriations, not later than 90
days after the enactment of this Act, detailing steps taken by
such departments or agencies to comply with the requirements
of this section.
RESERVATIONS OF FUNDS

SEC. 7014. (a) REPROGRAMMING.—Funds appropriated under
titles III through VI of this Act which are specifically designated
may be reprogrammed for other programs within the same account
notwithstanding the designation if compliance with the designation

H. R. 2029—500
is made impossible by operation of any provision of this or any
other Act: Provided, That any such reprogramming shall be subject
to the regular notification procedures of the Committees on Appropriations: Provided further, That assistance that is reprogrammed
pursuant to this subsection shall be made available under the
same terms and conditions as originally provided.
(b) EXTENSION OF AVAILABILITY.—In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department
of State or the United States Agency for International Development
(USAID) that are specifically designated for particular programs
or activities by this or any other Act may be extended for an
additional fiscal year if the Secretary of State or the USAID
Administrator, as appropriate, determines and reports promptly
to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances makes
it unlikely that such designated funds can be obligated during
the original period of availability: Provided, That such designated
funds that continue to be available for an additional fiscal year
shall be obligated only for the purpose of such designation.
(c) OTHER ACTS.—Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds
appropriated by this Act.
NOTIFICATION REQUIREMENTS

SEC. 7015. (a) NOTIFICATION OF CHANGES IN PROGRAMS,
PROJECTS, AND ACTIVITIES.—None of the funds made available in
titles I and II of this Act, or in prior appropriations Acts to the
agencies and departments funded by this Act that remain available
for obligation in fiscal year 2016, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees or of currency reflows or other offsetting collections, or
made available by transfer, to the agencies and departments funded
by this Act, shall be available for obligation to—
(1) create new programs;
(2) eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, or rename bureaus, centers,
or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations
or such Committees are notified 15 days in advance of such obligation.
(b) NOTIFICATION OF REPROGRAMMING OF FUNDS.—None of the
funds provided under titles I and II of this Act, or provided under
previous appropriations Acts to the agency or department funded
under titles I and II of this Act that remain available for obligation
in fiscal year 2016, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agency or department funded under title I of this Act,

H. R. 2029—501
shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess
of $1,000,000 or 10 percent, whichever is less, that—
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, activities, or projects as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
(c) NOTIFICATION REQUIREMENT.—None of the funds made
available by this Act under the headings ‘‘Global Health Programs’’,
‘‘Development Assistance’’, ‘‘International Organizations and Programs’’, ‘‘Trade and Development Agency’’, ‘‘International Narcotics
Control and Law Enforcement’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’,
‘‘Peacekeeping Operations’’, ‘‘Nonproliferation, Anti-terrorism,
Demining and Related Programs’’, ‘‘Millennium Challenge Corporation’’, ‘‘Foreign Military Financing Program’’, ‘‘International Military
Education and Training’’, and ‘‘Peace Corps’’, shall be available
for obligation for activities, programs, projects, type of materiel
assistance, countries, or other operations not justified or in excess
of the amount justified to the Committees on Appropriations for
obligation under any of these specific headings unless the Committees on Appropriations are notified 15 days in advance: Provided,
That the President shall not enter into any commitment of funds
appropriated for the purposes of section 23 of the Arms Export
Control Act for the provision of major defense equipment, other
than conventional ammunition, or other major defense items defined
to be aircraft, ships, missiles, or combat vehicles, not previously
justified to Congress or 20 percent in excess of the quantities
justified to Congress unless the Committees on Appropriations are
notified 15 days in advance of such commitment: Provided further,
That requirements of this subsection or any similar provision of
this or any other Act shall not apply to any reprogramming for
an activity, program, or project for which funds are appropriated
under titles III through VI of this Act of less than 10 percent
of the amount previously justified to Congress for obligation for
such activity, program, or project for the current fiscal year: Provided further, That any notification submitted pursuant to subsection (f) of this section shall include information (if known on
the date of transmittal of such notification) on the use of notwithstanding authority: Provided further, That if subsequent to the
notification of assistance it becomes necessary to rely on notwithstanding authority, the Committees on Appropriations should be
informed at the earliest opportunity and to the extent practicable.
(d) NOTIFICATION OF TRANSFER OF FUNDS.—Notwithstanding
any other provision of law, with the exception of funds transferred
to, and merged with, funds appropriated under title I of this Act,
funds transferred by the Department of Defense to the Department

H. R. 2029—502
of State and the United States Agency for International Development for assistance for foreign countries and international organizations, and funds made available for programs previously authorized
under section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163) or section 2282 of title
10, United States Code, shall be subject to the regular notification
procedures of the Committees on Appropriations.
(e) WAIVER.—The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived
if failure to do so would pose a substantial risk to human health
or welfare: Provided, That in case of any such waiver, notification
to the Committees on Appropriations shall be provided as early
as practicable, but in no event later than 3 days after taking
the action to which such notification requirement was applicable,
in the context of the circumstances necessitating such waiver: Provided further, That any notification provided pursuant to such
a waiver shall contain an explanation of the emergency circumstances.
(f) COUNTRY NOTIFICATION REQUIREMENTS.—None of the funds
appropriated under titles III through VI of this Act may be obligated
or expended for assistance for 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 except as provided through the regular notification procedures of the Committees on Appropriations.
(g) WITHHOLDING OF FUNDS.—Funds appropriated by this Act
under titles III and IV that are withheld from obligation or otherwise not programmed as a result of application of a provision
of law in this or any other Act shall, if reprogrammed, be subject
to the regular notification procedures of the Committees on Appropriations.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

SEC. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees
on Appropriations to the same extent and under the same conditions
as other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees
if such defense articles are significant military equipment (as
defined in section 47(9) of the Arms Export Control Act) or are
valued (in terms of original acquisition cost) at $7,000,000 or more,
or if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive such
excess defense articles: Provided further, That such Committees
shall also be informed of the original acquisition cost of such defense
articles.

H. R. 2029—503
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL
ORGANIZATIONS AND PROGRAMS

SEC. 7017. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under titles
I and III through V of this Act, which are returned or not made
available for organizations and programs because of the
implementation of section 307(a) of the Foreign Assistance Act
of 1961 or section 7048(a) of this Act, shall remain available for
obligation until September 30, 2018: Provided, That the requirement
to withhold funds for programs in Burma under section 307(a)
of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated by this Act.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY
STERILIZATION

SEC. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
used to pay for the performance of involuntary sterilization as
a method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the funds
made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance
of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be obligated
or expended for any country or organization if the President certifies
that the use of these funds by any such country or organization
would violate any of the above provisions related to abortions and
involuntary sterilizations.
ALLOCATIONS

SEC. 7019. (a) ALLOCATION TABLES.—Subject to subsection (b),
funds appropriated by this Act under titles III through V shall
be made available in the amounts specifically designated in the
respective tables included in the explanatory statement described
in section 4 (in the matter preceding division A of this Consolidated
Act): Provided, That such designated amounts for foreign countries
and international organizations shall serve as the amounts for
such countries and international organizations transmitted to the
Congress in the report required by section 653(a) of the Foreign
Assistance Act of 1961 (FAA).
(b) AUTHORIZED DEVIATIONS.—Unless otherwise provided for
by this Act, the Secretary of State and the Administrator of the
United States Agency for International Development, as applicable,
may only deviate up to 5 percent from the amounts specifically
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding division
A of this Consolidated Act): Provided, That such percentage may
be exceeded only to respond to significant, exigent, or unforeseen
events, or to address other exceptional circumstances directly

H. R. 2029—504
related to the national interest: Provided further, That deviations
pursuant to the previous proviso shall be subject to prior consultation with, and the regular notification procedures of, the Committees
on Appropriations.
(c) LIMITATION.—For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by
section 653(a) of the FAA, no deviations authorized by subsection
(b) may take place until submission of such report.
REPRESENTATION AND ENTERTAINMENT EXPENSES

SEC. 7020. (a) USES OF FUNDS.—Each Federal department,
agency, or entity funded in titles I or II of this Act, and the
Department of the Treasury and independent agencies funded in
titles III or VI of this Act, shall take steps to ensure that domestic
and overseas representation and entertainment expenses further
official agency business and United States foreign policy interests—
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) LIMITATIONS.—None of the funds appropriated or otherwise
made available by this Act under the headings ‘‘International Military Education and Training’’ or ‘‘Foreign Military Financing Program’’ for Informational Program activities or under the headings
‘‘Global Health Programs’’, ‘‘Development Assistance’’, ‘‘Economic
Support Fund’’, and ‘‘Assistance for Europe, Eurasia and Central
Asia’’ may be obligated or expended to pay for—
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are substantially of a recreational character, including but not limited
to entrance fees at sporting events, theatrical and musical
productions, and amusement parks.
PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING
INTERNATIONAL TERRORISM

SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EXPORTS.—
(1) PROHIBITION.—None of the funds appropriated or otherwise made available by titles III through VI of this Act may
be made available to any foreign government which provides
lethal military equipment to a country the government of which
the Secretary of State has determined supports international
terrorism for purposes of section 6(j) of the Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act: Provided, That the
prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases
to provide such military equipment: Provided further, That
this section applies with respect to lethal military equipment
provided under a contract entered into after October 1, 1997.
(2) DETERMINATION.—Assistance restricted by paragraph
(1) or any other similar provision of law, may be furnished
if the President determines that to do so is important to the
national interests of the United States.

H. R. 2029—505
(3) REPORT.—Whenever the President makes a determination pursuant to paragraph (2), the President shall submit
to the Committees on Appropriations a report with respect
to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar
amount of such assistance, and an explanation of how the
assistance furthers United States national interests.
(b) BILATERAL ASSISTANCE.—
(1) LIMITATIONS.—Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated
under any such title in prior Acts making appropriations for
the Department of State, foreign operations, and related programs, shall not be made available to any foreign government
which the President determines—
(A) grants sanctuary from prosecution to any individual
or group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act.
(2) WAIVER.—The President may waive the application of
paragraph (1) to a government if the President determines
that national security or humanitarian reasons justify such
waiver: Provided, That the President shall publish each such
waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the
waiver) in accordance with the regular notification procedures
of the Committees on Appropriations.
AUTHORIZATION REQUIREMENTS

SEC. 7022. Funds appropriated by this Act, except funds appropriated under the heading ‘‘Trade and Development Agency’’, may
be obligated and expended notwithstanding section 10 of Public
Law 91–672, section 15 of the State Department Basic Authorities
Act of 1956, section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103–236), and section
504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

SEC. 7023. For the purpose of titles II through VI of this
Act ‘‘program, project, and activity’’ shall be defined at the appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the following accounts: ‘‘Economic Support Fund’’ and ‘‘Foreign Military Financing Program’’, ‘‘program,
project, and activity’’ shall also be considered to include country,
regional, and central program level funding within each such
account; and for the development assistance accounts of the United
States Agency for International Development, ‘‘program, project,
and activity’’ shall also be considered to include central, country,
regional, and program level funding, either as—
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with
a report, to be provided to the Committees on Appropriations

H. R. 2029—506
within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION
AND UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

SEC. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior
Acts authorizing or making appropriations for the Department of
State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the
Peace Corps Act, the Inter-American Foundation Act or the African
Development Foundation Act: Provided, That prior to conducting
activities in a country for which assistance is prohibited, the agency
shall consult with the Committees on Appropriations and report
to such Committees within 15 days of taking such action.
COMMERCE, TRADE AND SURPLUS COMMODITIES

SEC. 7025. (a) WORLD MARKETS.—None of the funds appropriated or made available pursuant to titles III through VI of
this Act for direct assistance and none of the funds otherwise
made available to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to finance
any loan, any assistance, or any other financial commitments for
establishing or expanding production of any commodity for export
by any country other than the United States, if the commodity
is likely to be in surplus on world markets at the time the resulting
productive capacity is expected to become operative and if the
assistance will cause substantial injury to United States producers
of the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the injury
to United States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the Committees on Appropriations: Provided further, That this subsection shall
not prohibit—
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis
the agricultural commodity with respect to which assistance
is furnished; or
(2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) EXPORTS.—None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding feasibility
study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or
production in a foreign country of an agricultural commodity for
export which would compete with a similar commodity grown or
produced in the United States: Provided, That this subsection shall
not prohibit—
(1) activities designed to increase food security in developing countries where such activities will not have a significant

H. R. 2029—507
impact on the export of agricultural commodities of the United
States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis
the agricultural commodity with respect to which assistance
is furnished; or
(4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(c) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of
the Treasury shall instruct the United States executive directors
of the international financial institutions, as defined in section
7034(r)(3) of this Act, to use the voice and vote of the United
States to oppose any assistance by such institutions, using funds
appropriated or made available by this Act, for the production
or extraction of any commodity or mineral for export, if it is in
surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or
competing commodity.
SEPARATE ACCOUNTS

SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—
(1) AGREEMENTS.—If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of
1961 under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development (USAID) shall—
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth—
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) USES OF LOCAL CURRENCIES.—As may be agreed upon
with the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only—
(A) to carry out chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), for such purposes as—
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.

H. R. 2029—508
(3) PROGRAMMING ACCOUNTABILITY.—USAID shall take all
necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination of assistance to a country under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961 (as the case may be), any unencumbered balances
of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country and
the United States Government.
(5) REPORTING REQUIREMENT.—The USAID Administrator
shall report on an annual basis as part of the justification
documents submitted to the Committees on Appropriations on
the use of local currencies for the administrative requirements
of the United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of local
currency (and United States dollar equivalent) used or to be
used for such purpose in each applicable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—
(1) IN GENERAL.—If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such
funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this
assistance including provisions which are referenced in the
Joint Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No.
98–1159).
(3) NOTIFICATION.—At least 15 days prior to obligating
any such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the assistance (including, as appropriate, a description of the economic
policy reforms that will be promoted by such assistance).
(4) EXEMPTION.—Nonproject sector assistance funds may
be exempt from the requirements of paragraph (1) only through
the regular notification procedures of the Committees on Appropriations.
ELIGIBILITY FOR ASSISTANCE

SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERNMENTAL
ORGANIZATIONS.—Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of nongovernmental
organizations from funds appropriated by this Act to carry out

H. R. 2029—509
the provisions of chapters 1, 10, 11, and 12 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961 and from funds
appropriated under the heading ‘‘Assistance for Europe, Eurasia
and Central Asia’’: Provided, That before using the authority of
this subsection to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted,
the assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall
be construed to alter any existing statutory prohibitions against
abortion or involuntary sterilizations contained in this or any other
Act.
(b) PUBLIC LAW 480.—During fiscal year 2016, restrictions contained in this or any other Act with respect to assistance for
a country shall not be construed to restrict assistance under the
Food for Peace Act (Public Law 83–480): Provided, That none of
the funds appropriated to carry out title I of such Act and made
available pursuant to this subsection may be obligated or expended
except as provided through the regular notification procedures of
the Committees on Appropriations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates internationally recognized human rights.
LOCAL COMPETITION

SEC. 7028. (a) REQUIREMENTS FOR EXCEPTIONS TO COMPETITION
LOCAL ENTITIES.—Funds appropriated by this Act that are
made available to the United States Agency for International
Development (USAID) may only be made available for limited competitions through local entities if—
(1) prior to the determination to limit competition to local
entities, USAID has—
(A) assessed the level of local capacity to effectively
implement, manage, and account for programs included
in such competition; and
(B) documented the written results of the assessment
and decisions made; and
(2) prior to making an award after limiting competition
to local entities—
(A) each successful local entity has been determined
to be responsible in accordance with USAID guidelines;
and
(B) effective monitoring and evaluation systems are
in place to ensure that award funding is used for its
intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) REPORTING REQUIREMENT.—In addition to the requirements
of subsection (a)(1), the USAID Administrator shall report, on an
annual basis, to the appropriate congressional committees on all
FOR

H. R. 2029—510
awards subject to limited or no competition for local entities: Provided, That such report should be posted on the USAID Web site:
Provided further, That the requirements of this subsection shall
only apply to awards in excess of $3,000,000 and sole source awards
to local entities in excess of $2,000,000.
(c) EXTENSION OF PROCUREMENT AUTHORITY.—Section 7077 of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112–74) shall
continue in effect during fiscal year 2016, as amended by the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113–76).
INTERNATIONAL FINANCIAL INSTITUTIONS

SEC. 7029. (a) EVALUATIONS AND REPORT.—The Secretary of
the Treasury shall instruct the United States executive director
of each international financial institution to seek to require that
such institution adopts and implements a publicly available policy,
including the strategic use of peer reviews and external experts,
to conduct independent, in-depth evaluations of the effectiveness
of at least 25 percent of all loans, grants, programs, and significant
analytical non-lending activities in advancing the institution’s goals
of reducing poverty and promoting equitable economic growth, consistent with relevant safeguards, to ensure that decisions to support
such loans, grants, programs, and activities are based on accurate
data and objective analysis: Provided, That not later than 180
days after enactment of this Act, the Secretary shall submit a
report to the Committees on Appropriations on steps taken by
the United States executive directors and the international financial
institutions consistent with this subsection.
(b) SAFEGUARDS.—The Secretary of the Treasury shall instruct
the United States Executive Director of the International Bank
for Reconstruction and Development and the International Development Association to vote against any loan, grant, policy, or strategy
if such institution has adopted and is implementing any social
or environmental safeguard relevant to such loan, grant, policy,
or strategy that provides less protection than World Bank safeguards in effect on September 30, 2015.
(c) COMPENSATION.—None of the funds appropriated under title
V of this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which,
together with whatever compensation such executive director
receives from the United States, is in excess of the rate provided
for an individual occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, or
while any alternate United States executive director to such institution is compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(d) HUMAN RIGHTS.—The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to seek to require that such institution conducts
rigorous human rights due diligence and risk management, as
appropriate, in connection with any loan, grant, policy, or strategy
of such institution: Provided, That prior to voting on any such

H. R. 2029—511
loan, grant, policy, or strategy the executive director shall consult
with the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, if the executive director has reason
to believe that such loan, grant, policy, or strategy could result
in forced displacement or other violation of human rights.
(e) FRAUD AND CORRUPTION.—The Secretary of the Treasury
shall instruct the United States executive director of each international financial institution to promote in loan, grant, and other
financing agreements improvements in borrowing countries’ financial management and judicial capacity to investigate, prosecute,
and punish fraud and corruption.
(f) BENEFICIAL OWNERSHIP INFORMATION.—The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to seek to require that such
institution collects, verifies, and publishes, to the maximum extent
practicable, beneficial ownership information (excluding proprietary
information) for any corporation or limited liability company, other
than a publicly listed company, that receives funds appropriated
by this Act that are provided as payment to such institution: Provided, That not later than 180 days after enactment of this Act,
the Secretary shall submit a report to the Committees on Appropriations on steps taken by the United States executive directors and
the international financial institutions consistent with this subsection.
(g) WHISTLEBLOWER PROTECTIONS.—The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to seek to require that each
such institution is effectively implementing and enforcing policies
and procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices for—
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven retaliation.
DEBT-FOR-DEVELOPMENT

SEC. 7030. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and debtfor-nature exchanges, a nongovernmental organization which is a
grantee or contractor of the United States Agency for International
Development may place in interest bearing accounts local currencies
which accrue to that organization as a result of economic assistance
provided under title III of this Act and, subject to the regular
notification procedures of the Committees on Appropriations, any
interest earned on such investment shall be used for the purpose
for which the assistance was provided to that organization.
FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY

SEC. 7031. (a) LIMITATION ON DIRECT GOVERNMENT-TO-GOVERNASSISTANCE.—
(1) REQUIREMENTS.—Funds appropriated by this Act may
be made available for direct government-to-government assistance only if—

MENT

H. R. 2029—512
(A)(i) each implementing agency or ministry to receive
assistance has been assessed and is considered to have
the systems required to manage such assistance and any
identified vulnerabilities or weaknesses of such agency or
ministry have been addressed;
(ii) the recipient agency or ministry employs and utilizes staff with the necessary technical, financial, and
management capabilities;
(iii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iv) effective monitoring and evaluation systems are
in place to ensure that such assistance is used for its
intended purposes;
(v) no level of acceptable fraud is assumed; and
(vi) the government of the recipient country is taking
steps to publicly disclose on an annual basis its national
budget, to include income and expenditures;
(B) the recipient government is in compliance with
the principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed
or controlled by an organization designated as a foreign
terrorist organization under section 219 of the Immigration
and Nationality Act;
(D) the Government of the United States and the
government of the recipient country have agreed, in
writing, on clear and achievable objectives for the use of
such assistance, which should be made available on a costreimbursable basis; and
(E) the recipient government is taking steps to protect
the rights of civil society, including freedoms of expression,
association, and assembly.
(2) CONSULTATION AND NOTIFICATION.—In addition to the
requirements in paragraph (1), no funds may be made available
for direct government-to-government assistance without prior
consultation with, and notification of, the Committees on Appropriations: Provided, That such notification shall contain an
explanation of how the proposed activity meets the requirements of paragraph (1): Provided further, That the requirements of this paragraph shall only apply to direct governmentto-government assistance in excess of $10,000,000 and all funds
available for cash transfer, budget support, and cash payments
to individuals.
(3) SUSPENSION OF ASSISTANCE.—The Administrator of the
United States Agency for International Development (USAID)
or the Secretary of State, as appropriate, shall suspend any
direct government-to-government assistance if the Administrator or the Secretary has credible information of material
misuse of such assistance, unless the Administrator or the
Secretary reports to the Committees on Appropriations that
it is in the national interest of the United States to continue
such assistance, including a justification, or that such misuse
has been appropriately addressed.
(4) SUBMISSION OF INFORMATION.—The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2017 congressional budget justification

H. R. 2029—513
materials, amounts planned for assistance described in paragraph (1) by country, proposed funding amount, source of funds,
and type of assistance.
(5) REPORT.—Not later than 90 days after the enactment
of this Act and 6 months thereafter until September 30, 2016,
the USAID Administrator shall submit to the Committees on
Appropriations a report that—
(A) details all assistance described in paragraph (1)
provided during the previous 6-month period by country,
funding amount, source of funds, and type of such assistance; and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
(6) DEBT SERVICE PAYMENT PROHIBITION.—None of the
funds made available by this Act may be used for any foreign
country for debt service payments owed by any country to
any international financial institution: Provided, That for purposes of this paragraph, the term ‘‘international financial
institution’’ has the meaning given the term in section
7034(r)(3) of this Act.
(b) NATIONAL BUDGET AND CONTRACT TRANSPARENCY.—
(1) MINIMUM REQUIREMENTS OF FISCAL TRANSPARENCY.—
The Secretary of State shall continue to update and strengthen
the ‘‘minimum requirements of fiscal transparency’’ for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–
76).
(2) DEFINITION.—For purposes of paragraph (1), ‘‘minimum
requirements of fiscal transparency’’ are requirements consistent with those in subsection (a)(1), and the public disclosure
of national budget documentation (to include receipts and
expenditures by ministry) and government contracts and
licenses for natural resource extraction (to include bidding and
concession allocation practices).
(3) DETERMINATION AND REPORT.—For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall
make or update any determination of ‘‘significant progress’’
or ‘‘no significant progress’’ in meeting the minimum requirements of fiscal transparency, and make such determinations
publicly available in an annual ‘‘Fiscal Transparency Report’’
to be posted on the Department of State Web site: Provided,
That the Secretary shall identify the significant progress made
by each such government to publicly disclose national budget
documentation, contracts, and licenses which are additional
to such information disclosed in previous fiscal years, and
include specific recommendations of short- and long-term steps
such government should take to improve fiscal transparency:
Provided further, That the annual report shall include a
detailed description of how funds appropriated by this Act
are being used to improve fiscal transparency, and identify
benchmarks for measuring progress.
(4) ASSISTANCE.—Funds appropriated under title III of this
Act shall be made available for programs and activities to

H. R. 2029—514
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget transparency: Provided, That such sums shall be in addition to
funds otherwise made available for such purposes: Provided
further, That a description of the uses of such funds shall
be included in the annual ‘‘Fiscal Transparency Report’’
required by paragraph (3).
(c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.—
(1)(A) INELIGIBILITY.—Officials of foreign governments and
their immediate family members about whom the Secretary
of State has credible information have been involved in significant corruption, including corruption related to the extraction
of natural resources, or a gross violation of human rights shall
be ineligible for entry into the United States.
(B) The Secretary may also publicly or privately designate
or identify officials of foreign governments and their immediate
family members about whom the Secretary has such credible
information without regard to whether the individual has
applied for a visa.
(2) EXCEPTION.—Individuals shall not be ineligible if entry
into the United States would further important United States
law enforcement objectives or is necessary to permit the United
States to fulfill its obligations under the United Nations Headquarters Agreement: Provided, That nothing in paragraph (1)
shall be construed to derogate from United States Government
obligations under applicable international agreements.
(3) WAIVER.—The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed sufficiently.
(4) REPORT.—Not later than 6 months after enactment
of this Act, the Secretary of State shall submit a report,
including a classified annex if necessary, to the Committees
on Appropriations and the Committees on the Judiciary
describing the information related to corruption or violation
of human rights concerning each of the individuals found ineligible in the previous 12 months pursuant to paragraph (1)(A)
as well as the individuals who the Secretary designated or
identified pursuant to paragraph (1)(B), or who would be ineligible but for the application of paragraph (2), a list of any
waivers provided under paragraph (3), and the justification
for each waiver.
(5) POSTING OF REPORT.—Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State Web site.
(6) CLARIFICATION.—For purposes of paragraphs (1)(B), (4),
and (5), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to
the issuance or refusal of visas or permits to enter the United
States shall not be considered confidential.
(d) EXTRACTION OF NATURAL RESOURCES.—
(1) ASSISTANCE.—Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening

H. R. 2029—515
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008 (Public
Law 110–246; 122 Stat. 2052) and to prevent the sale of conflict
diamonds, and provide technical assistance to promote independent audit mechanisms and support civil society participation in natural resource management.
(2) UNITED STATES POLICY.—
(A) The Secretary of the Treasury shall inform the
management of the international financial institutions, and
post on the Department of the Treasury Web site, that
it is the policy of the United States to vote against any
assistance by such institutions (including any loan, credit,
grant, or guarantee) to any country for the extraction and
export of a natural resource if the government of such
country has in place laws, regulations, or procedures to
prevent or limit the public disclosure of company payments
as required by United States law, and unless such government has adopted laws, regulations, or procedures in the
sector in which assistance is being considered for—
(i) accurately accounting for and public disclosure
of payments to the host government by companies
involved in the extraction and export of natural
resources;
(ii) the independent auditing of accounts receiving
such payments and public disclosure of the findings
of such audits; and
(iii) public disclosure of such documents as Host
Government Agreements, Concession Agreements, and
bidding documents, allowing in any such dissemination
or disclosure for the redaction of, or exceptions for,
information that is commercially proprietary or that
would create competitive disadvantage.
(B) The requirements of subparagraph (A) shall not
apply to assistance for the purpose of building the capacity
of such government to meet the requirements of this
subparagraph.
(e) FOREIGN ASSISTANCE WEB SITE.—Funds appropriated by
this Act under titles I and II, and funds made available for any
independent agency in title III, as appropriate, shall be made available to support the provision of additional information on United
States Government foreign assistance on the Department of State
foreign assistance Web site: Provided, That all Federal agencies
funded under this Act shall provide such information on foreign
assistance, upon request, to the Department of State.
DEMOCRACY PROGRAMS

SEC. 7032. (a) FUNDING.—
(1) Of the funds appropriated by this Act, not less than
$2,308,517,000 shall be made available for democracy programs.
(2) Of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’, not less than $32,000,000 shall be
made available for the Near East Regional Democracy program.
(b) AUTHORITY.—Funds made available by this Act for democracy programs may be made available notwithstanding any other

H. R. 2029—516
provision of law, and with regard to the National Endowment
for Democracy (NED), any regulation.
(c) DEFINITION OF DEMOCRACY PROGRAMS.—For purposes of
funds appropriated by this Act, the term ‘‘democracy programs’’
means programs that support good governance, credible and
competitive elections, freedom of expression, association, assembly,
and religion, human rights, labor rights, independent media, and
the rule of law, and that otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the development of democratic states, and institutions that are responsive
and accountable to citizens.
(d) PROGRAM PRIORITIZATION.—Funds made available pursuant
to this section that are made available for programs to strengthen
government institutions shall be prioritized for those institutions
that demonstrate a commitment to democracy and the rule of law,
as determined by the Secretary of State or the Administrator of
the United States Agency for International Development (USAID),
as appropriate.
(e) RESTRICTION ON PRIOR APPROVAL.—With respect to the
provision of assistance for democracy programs in this Act, the
organizations implementing such assistance, the specific nature
of that assistance, and the participants in such programs shall
not be subject to the prior approval by the government of any
foreign country: Provided, That the Secretary of State, in coordination with the USAID Administrator, shall report to the Committees
on Appropriations, not later than 120 days after enactment of
this Act, detailing steps taken by the Department of State and
USAID to comply with the requirements of this subsection.
(f) PROGRAM DESIGN AND IMPLEMENTATION.—
(1) CLARIFICATION OF USE.—Not later than 90 days after
enactment of this Act, the Secretary of State and USAID
Administrator, following consultation with democracy program
implementing partners, shall each establish guidelines for clarifying program design and objectives for democracy programs,
including the uses of contracts versus grants and cooperative
agreements in the conduct of democracy programs carried out
with funds appropriated by this Act: Provided, That such guidelines, which shall be made available to all relevant agency
personnel, shall be in accordance with—
(A) the Quadrennial Diplomacy and Development
Review, 2015, regarding the objectives of promoting resilient, open, and democratic societies;
(B) the ADVANCE Democracy Act of 2007 (title XXI
of Public Law 110–53; 22 U.S.C. 8201 et seq.), including
the foreign policy objectives contained therein; and
(C) sections 6303 through 6305 of title 31, United
States Code, regarding the selection of contracts and assistance instruments.
(2) CONTINUATION OF CURRENT PRACTICES.—USAID shall
continue to implement civil society and political competition
and consensus building programs abroad with funds appropriated by this Act in a manner that recognizes the unique
benefits of grants and cooperative agreements in implementing
such programs: Provided, That nothing in this paragraph shall
be construed to affect the ability of any entity, including United
States small businesses, from competing for proposals for

H. R. 2029—517
USAID-funded civil society and political competition and consensus building programs.
(3) REPORT.—Not later than September 30, 2017, the Secretary of State and USAID Administrator shall each submit
to the Committees on Appropriations a report detailing the
use of contracts, grants, and cooperative agreements in the
conduct of democracy programs with funds made available by
the Department of State, Foreign Operations, and Related Programs Act, 2015 (division J of Public Law 113–235), which
shall include funding level, account, program sector and subsector, and a brief summary of purpose.
(g) STRATEGIC REVIEWS AND REPORT.—
(1) COUNTRY STRATEGIES.—Prior to the obligation of funds
made available by this Act for Department of State and USAID
democracy programs for a nondemocratic or democratic
transitioning country for which a country strategy has been
concluded after the date of enactment of this Act, as required
by section 2111(c)(1) of the ADVANCE Democracy Act of 2007
(title XXI of Public Law 110–53; 22 U.S.C. 8211) or similar
provision of law or regulation, the Under Secretary for Civilian
Security, Democracy and Human Rights, Department of State,
in consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State, and the Assistant Administrator for Democracy, Conflict, and Humanitarian
Assistance, USAID, shall review such strategy to ensure that
it includes—
(A) specific goals and objectives for such program,
including a specific plan and timeline to measure impacts;
(B) an assessment of the risks associated with the
conduct of such program to intended beneficiaries and
implementers, including steps to support and protect such
individuals; and
(C) the funding requirements to initiate and sustain
such program in fiscal year 2016 and subsequent fiscal
years, as appropriate:
Provided, That for the purposes of this paragraph, the term
‘‘nondemocratic or democratic transitioning country’’ shall have
the same meaning as in section 2104(6) of Public Law 110–
53.
(2) REPORT.—Not later than September 30, 2016, the Secretary of State, in consultation with the USAID Administrator,
shall submit a report, including a classified annex if necessary,
to the appropriate congressional committees detailing the methodology and guidelines established and implemented by the
Department of State and USAID, respectively, to carry out
the requirements of this subsection: Provided, That such report
shall also include an analysis of the political and social conditions in a nondemocratic or democratic transitioning country
that are a prerequisite for the conduct of democracy programs.
(h) CONSULTATION AND COMMUNICATION REQUIREMENTS.—
(1) COUNTRY ALLOCATIONS.—The Deputy Secretary for
Management and Resources, Department of State, shall consult
with the Under Secretary for Civilian Security, Democracy
and Human Rights, Department of State, and the Assistant
Administrator for Democracy, Conflict, and Humanitarian
Assistance, USAID, on the proposed funding levels for democracy programs by country in the report submitted to Congress

H. R. 2029—518
pursuant to section 653(a) of the Foreign Assistance Act of
1961.
(2) INFORMING THE NATIONAL ENDOWMENT FOR DEMOCRACY.—The Assistant Secretary for Democracy, Human Rights,
and Labor, Department of State, and the Assistant Administrator for Democracy, Conflict, and Humanitarian Assistance,
USAID, shall regularly inform the National Endowment for
Democracy of democracy programs that are planned and supported by funds made available by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs.
(3) REPORT ON PROGRAM CHANGES.—The Secretary of State
or the USAID Administrator, as appropriate, shall report to
the Committees on Appropriations within 30 days of a decision
to significantly change the objectives or the content of a democracy program or to close such a program due to the increasingly
repressive nature of the host country government: Provided,
That the report shall also include a strategy for continuing
support for democracy promotion, if such programming is feasible, and may be submitted in classified form, if necessary.
INTERNATIONAL RELIGIOUS FREEDOM

SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREEDOM OFFICE AND
SPECIAL ENVOY TO PROMOTE RELIGIOUS FREEDOM.—Funds appropriated by this Act under the heading ‘‘Diplomatic and Consular
Programs’’ shall be made available for the Office of the Ambassadorat-Large for International Religious Freedom and the Special Envoy
to Promote Religious Freedom of Religious Minorities in the Near
East and South Central Asia, as authorized in the Near East
and South Central Asia Religious Freedom Act of 2014 (Public
Law 113-161), and including for support staff, at not less than
the amounts contained for such Office and Envoy in the table
under such heading in the explanatory statement described in section 4 (in the matter preceding division A of this Consolidated
Act).
(b) ASSISTANCE.—
(1) INTERNATIONAL RELIGIOUS FREEDOM PROGRAMS.—Of the
funds appropriated by this Act under the heading ‘‘Democracy
Fund’’ and available for the Human Rights and Democracy
Fund (HRDF), not less than $10,000,000 shall be made available for international religious freedom programs: Provided,
That the Ambassador-at-Large for International Religious
Freedom shall consult with the Committees on Appropriations
on the uses of such funds.
(2) PROTECTION AND INVESTIGATION PROGRAMS.—Funds
appropriated by this Act under the heading ‘‘Economic Support
Fund’’ shall be made available for programs to protect vulnerable and persecuted religious minorities: Provided, That a portion of such funds shall be made available for programs to
investigate the persecution of such minorities by governments
and non-state actors and for the public dissemination of
information collected on such persecution, including on the
Department of State Web site.
(3) HUMANITARIAN PROGRAMS.—Funds appropriated by this
Act under the headings ‘‘International Disaster Assistance’’ and
‘‘Migration and Refugee Assistance’’ shall be made available

H. R. 2029—519
for humanitarian assistance for vulnerable and persecuted religious minorities.
(4) RESPONSIBILITY OF FUNDS.—Funds made available by
paragraphs (1) and (2) shall be the responsibility of the Ambassador-at-Large for International Religious Freedom, in consultation with other relevant United States Government officials.
(c) INTERNATIONAL BROADCASTING.—Funds appropriated by this
Act under the heading ‘‘Broadcasting Board of Governors, International Broadcasting Operations’’ shall be made available for programs related to international religious freedom, including reporting
on the condition of vulnerable and persecuted religious groups.
(d) ATROCITIES PREVENTION.—Not later than 90 days after
enactment of this Act, the Secretary of State, after consultation
with the heads of other United States Government agencies represented on the Atrocities Prevention Board (APB) and representatives of human rights organizations, as appropriate, shall submit
to the appropriate congressional committees an evaluation of the
persecution of, including attacks against, 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, including whether either situation constitutes mass
atrocities or genocide (as defined in section 1091 of title 18, United
States Code), and a detailed description of any proposed atrocities
prevention response recommended by the APB: Provided, That such
evaluation and response may include a classified annex, if necessary.
(e) DESIGNATION OF NON-STATE ACTORS.—The President shall,
concurrent with the annual foreign country review required by
section 402(b)(1) of the International Religious Freedom Act of
1998 (22 U.S.C. 6442(b)(1)), review and identify any non-state actors
in such countries that have engaged in particularly severe violations
of religious freedom, and designate, in a manner consistent with
such Act, each such group as a non-state actor of particular concern
for religious freedom operating in such reviewed country or surrounding region: Provided, That whenever the President designates
such a non-state actor under this subsection, the President shall,
as soon as practicable after the designation is made, submit a
report to the appropriate congressional committees detailing the
reasons for such designation.
(f) REPORT.—Not later than September 30, 2016, the Secretary
of State, in consultation with the Chairman of the Broadcasting
Board of Governors and the Administrator of the United States
Agency for International Development, shall submit a report,
including a classified annex if necessary, to the appropriate congressional committees detailing, by account, agency, and on a countryby-country basis, funds made available by this Act and prior Acts
making appropriations for the Department of State, foreign operations, and related programs for the previous 2 fiscal years for
international religious freedom programs; protection and investigation programs regarding vulnerable and persecuted religious minorities; humanitarian and relief assistance for such minorities; and
international broadcasting regarding religious freedom.
SPECIAL PROVISIONS

SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHILDREN, AND
DISPLACED BURMESE.—Funds appropriated in titles III and VI of

H. R. 2029—520
this Act that are made available for victims of war, displaced
children, displaced Burmese, and to combat trafficking in persons
and assist victims of such trafficking, may be made available notwithstanding any other provision of law.
(b) LAW ENFORCEMENT AND SECURITY.—
(1) CHILD SOLDIERS.—Funds appropriated by this Act
should not be used to support any military training or operations that include child soldiers.
(2) CROWD CONTROL ITEMS.—Funds appropriated by this
Act should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress peaceful expression, association, or assembly in countries undergoing
democratic transition.
(3) DISARMAMENT, DEMOBILIZATION, AND REINTEGRATION.—
Section 7034(d) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J
of Public Law 113–235) shall continue in effect during fiscal
year 2016 as if part of this Act.
(4) FORENSIC ASSISTANCE.—
(A) Of the funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’, not less than $4,000,000
shall be made available for forensic anthropology assistance
related to the exhumation of mass graves and the identification of victims of war crimes and crimes against
humanity, of which not less than $3,000,000 should be
made available for such assistance in Guatemala, Peru,
Colombia, Iraq, and Sri Lanka, which shall be administered
by the Assistant Secretary for Democracy, Human Rights,
and Labor, Department of State.
(B) Of the funds appropriated by this Act under the
heading ‘‘International Narcotics Control and Law Enforcement’’, not less than $4,000,000 shall be made available
for DNA forensic technology programs to combat human
trafficking in Central America.
(5) INTERNATIONAL PRISON CONDITIONS.—Section 7065 of
the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–
235) shall continue in effect during fiscal year 2016 as if part
of this Act.
(6) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing assistance with funds appropriated by this Act under
section 660(b)(6) of the Foreign Assistance Act of 1961, support
for a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-national
entity emerging from instability, as well as a nation emerging
from instability.
(7) SECURITY ASSISTANCE REPORT.—Not later than 120 days
after enactment of this Act, the Secretary of State shall submit
to the Committees on Appropriations a report on funds obligated and expended during fiscal year 2015, by country and
purpose of assistance, under the headings ‘‘Peacekeeping Operations’’, ‘‘International Military Education and Training’’, and
‘‘Foreign Military Financing Program’’.
(8) LEAHY VETTING REPORT.—
(A) Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the

H. R. 2029—521
appropriate congressional committees on foreign assistance
cases submitted for vetting for purposes of section 620M
of the Foreign Assistance Act of 1961 during the preceding
fiscal year, including:
(i) the total number of cases submitted, approved,
suspended, or rejected for human rights reasons; and
(ii) for cases rejected, a description of the steps
taken to assist the foreign government in taking effective measures to bring the responsible members of
the security forces to justice, in accordance with section
620M(c) of the Foreign Assistance Act of 1961.
(B) The report required by this paragraph shall be
submitted in unclassified form, but may be accompanied
by a classified annex.
(9) ANNUAL FOREIGN MILITARY TRAINING REPORT.—For the
purposes of implementing section 656 of the Foreign Assistance
Act of 1961, the term ‘‘military training provided to foreign
military personnel by the Department of Defense and the
Department of State’’ shall be deemed to include all military
training provided by foreign governments with funds appropriated to the Department of Defense or the Department of
State, except for training provided by the government of a
country designated by section 517(b) of such Act as a major
non-NATO ally.
(c) WORLD FOOD PROGRAMME.—Funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development (USAID), from this
or any other Act, may be made available as a general contribution
to the World Food Programme, notwithstanding any other provision
of law.
(d) DIRECTIVES AND AUTHORITIES.—
(1) RESEARCH AND TRAINING.—Funds appropriated by this
Act under the heading ‘‘Assistance for Europe, Eurasia and
Central Asia’’ shall be made available to carry out the Program
for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by
the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4501 et seq.).
(2) GENOCIDE VICTIMS MEMORIAL SITES.—Funds appropriated by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs under the headings ‘‘Economic Support Fund’’ and
‘‘Assistance for Europe, Eurasia and Central Asia’’ may be
made available as contributions to establish and maintain
memorial sites of genocide, subject to the regular notification
procedures of the Committees on Appropriations.
(3) ADDITIONAL AUTHORITIES.—Of the amounts made available by title I of this Act under the heading ‘‘Diplomatic and
Consular Programs’’, up to $500,000 may be made available
for grants pursuant to section 504 of Public Law 95–426 (22
U.S.C. 2656d), including to facilitate collaboration with indigenous communities.
(4) EXTENSION OF LEGAL PROTECTION.—No conviction issued
by the Cairo Criminal Court on June 4, 2013, in ‘‘Public
Prosecution Case No. 1110 for the Year 2012’’, against a citizen
or national of the United States or an alien lawfully admitted

H. R. 2029—522
for permanent residence in the United States, shall be considered a conviction for the purposes of United States law or
for any activity undertaken within the jurisdiction of the United
States during fiscal year 2016 and any fiscal year thereafter.
(5) MODIFICATION OF LIFE INSURANCE SUPPLEMENTAL
APPLICABLE TO THOSE KILLED IN TERRORIST ATTACKS.—
(A) Section 415(a)(1) of the Foreign Service Act of
1980 (22 U.S.C. 3975(a)(1)) is amended by striking ‘‘a payment from the United States in an amount that, when
added to the amount of the employee’s employer-provided
group life insurance policy coverage (if any), equals
$400,000’’ and inserting ‘‘a special payment of $400,000,
which shall be in addition to any employer provided life
insurance policy coverage’’.
(B) The insurance benefit under section 415 of the
Foreign Service Act of 1980 (22 U.S.C. 3975), as amended
by subparagraph (A), shall be applicable to eligible
employees who die as a result of injuries sustained while
on duty abroad because of an act of terrorism, as defined
in section 140(d) of the Foreign Relations Authorization
Act, Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)), anytime on or after April 18, 1983.
(6) AUTHORITY.—The Administrator of the United States
Agency for International Development may use funds appropriated by this Act under title III to make innovation incentive
awards: Provided, That each individual award may not exceed
$100,000: Provided further, That no more than 10 such awards
may be made during fiscal year 2016: Provided further, That
for purposes of this paragraph the term ‘‘innovation incentive
award’’ means the provision of funding on a competitive basis
that—
(A) encourages and rewards the development of solutions for a particular, well-defined problem related to the
alleviation of poverty; or
(B) helps identify and promote a broad range of ideas
and practices facilitating further development of an idea
or practice by third parties.
(e) PARTNER VETTING.—Funds appropriated by this Act or in
titles I through IV of prior Acts making appropriations for the
Department of State, foreign operations, and related programs shall
be used by the Secretary of State and the USAID Administrator,
as appropriate, to support the continued implementation of the
Partner Vetting System (PVS) pilot program: Provided, That the
Secretary of State and the USAID Administrator shall inform the
Committees on Appropriations, at least 30 days prior to completion
of the pilot program, on the criteria for evaluating such program,
including for possible expansion: Provided further, That not later
than 180 days after completion of the pilot program, the Secretary
and USAID Administrator shall jointly submit a report to the
Committees on Appropriations, in classified form if necessary,
detailing the findings, conclusions, and any recommendations for
expansion of such program: Provided further, That not less than
30 days prior to the implementation of any recommendations for
expanding the PVS pilot program the Secretary of State and USAID
Administrator shall consult with the Committees on Appropriations
and with representatives of agency implementing partners on the

H. R. 2029—523
findings, conclusions, and recommendations in such report, as
appropriate.
(f) CONTINGENCIES.—During fiscal year 2016, the President
may use up to $125,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any other
provision of law.
(g) INTERNATIONAL CHILD ABDUCTIONS.—The Secretary of State
should withhold funds appropriated under title III of this Act for
assistance for the central government of any country that is not
taking appropriate steps to comply with the Convention on the
Civil Aspects of International Child Abductions, done at the Hague
on October 25, 1980: Provided, That the Secretary shall report
to the Committees on Appropriations within 15 days of withholding
funds under this subsection.
(h) REPORT REPEALED.—Section 616(c) of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999 (division A of Public Law 105–277) is
hereby repealed.
(i) TRANSFERS FOR EXTRAORDINARY PROTECTION.—The Secretary of State may transfer to, and merge with, funds under
the heading ‘‘Protection of Foreign Missions and Officials’’ unobligated balances of expired funds appropriated under the heading
‘‘Diplomatic and Consular Programs’’ for fiscal year 2016, except
for funds designated for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985, at no
later than the end of the fifth fiscal year after the last fiscal
year for which such funds are available for the purposes for which
appropriated: Provided, That not more than $50,000,000 may be
transferred.
(j) PROTECTIONS AND REMEDIES FOR EMPLOYEES OF DIPLOMATIC
MISSIONS AND INTERNATIONAL ORGANIZATIONS.—Section 7034(k) of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113–235) shall
continue in effect during fiscal year 2016 as if part of this Act.
(k) EXTENSION OF AUTHORITIES.—
(1) PASSPORT FEES.—Section 1(b)(2) of the Passport Act
of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting ‘‘September 30, 2016’’ for ‘‘September 30, 2010’’.
(2) ACCOUNTABILITY REVIEW BOARDS.—The authority provided by section 301(a)(3) of the Omnibus Diplomatic Security
and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall
remain in effect for facilities in Afghanistan through September
30, 2016, except that the notification and reporting requirements contained in such section shall include the Committees
on Appropriations.
(3) INCENTIVES FOR CRITICAL POSTS.—The authority contained in section 1115(d) of the Supplemental Appropriations
Act, 2009 (Public Law 111–32) shall remain in effect through
September 30, 2016.
(4) FOREIGN SERVICE OFFICER ANNUITANT WAIVER.—Section
824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g))
shall be applied by substituting ‘‘September 30, 2016’’ for
‘‘October 1, 2010’’ in paragraph (2).

H. R. 2029—524
(5) DEPARTMENT OF STATE CIVIL SERVICE ANNUITANT
WAIVER.—Section 61(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting ‘‘September 30, 2016’’ for ‘‘October 1, 2010’’ in paragraph (2).
(6) USAID CIVIL SERVICE ANNUITANT WAIVER.—Section
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)) shall be applied by substituting ‘‘September 30,
2016’’ for ‘‘October 1, 2010’’ in subparagraph (B).
(7) OVERSEAS PAY COMPARABILITY AND LIMITATION.—
(A) Subject to the limitation described in subparagraph
(B), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 (Public Law 111–32; 123
Stat. 1904) shall remain in effect through September 30,
2016.
(B) The authority described in subparagraph (A) may
not be used to pay an eligible member of the Foreign
Service (as defined in section 1113(b) of the Supplemental
Appropriations Act, 2009) a locality-based comparability
payment (stated as a percentage) that exceeds two-thirds
of the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such
member under section 5304 of title 5, United States Code,
if such member’s official duty station were in the District
of Columbia.
(8) CATEGORICAL ELIGIBILITY.—The Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101–167) is amended—
(A) in section 599D (8 U.S.C. 1157 note)—
(i) in subsection (b)(3), by striking ‘‘and 2015’’ and
inserting ‘‘2015, and 2016’’; and
(ii) in subsection (e), by striking ‘‘2015’’ each place
it appears and inserting ‘‘2016’’; and
(B) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ‘‘2015’’ and inserting ‘‘2016’’.
(9) INSPECTOR GENERAL ANNUITANT WAIVER.—The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 (Public Law 111–212) shall remain in effect
through September 30, 2016.
(10) EXTENSION OF LOAN GUARANTEES TO ISRAEL.—Chapter
5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 576) is amended
under the heading ‘‘Loan Guarantees to Israel’’—
(A) in the matter preceding the first proviso, by striking
‘‘September 30, 2015’’ and inserting ‘‘September 30, 2019’’;
and
(B) in the second proviso, by striking ‘‘September 30,
2015’’ and inserting ‘‘September 30, 2019’’.
(11) EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.—
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108–287; 118 Stat.
1011) is amended by striking ‘‘more than 11 years after
the date of enactment of this Act’’ and inserting ‘‘after
September 30, 2017’’.
(B) Section 514(b)(2)(A) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking
‘‘and 2015’’ and inserting ‘‘2015, 2016, and 2017’’.

H. R. 2029—525
(12) UNITED STATES ADVISORY COMMISSION
DIPLOMACY.—Section 1334 of the Foreign Affairs

ON

PUBLIC

Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) shall be applied
by substituting ‘‘September 30, 2016’’ for ‘‘October 1, 2015’’.
(l) DEPARTMENT OF STATE WORKING CAPITAL FUND.—Funds
appropriated by this Act or otherwise made available to the Department of State for payments to the Working Capital Fund may
only be used for the service centers included in Appendix 1 of
the Congressional Budget Justification, Department of State, Diplomatic Engagement, Fiscal Year 2016: Provided, That the amounts
for such service centers shall be the amounts included in such
budget except as provided in section 7015(b) of this Act: Provided
further, That Federal agency components shall be charged only
for their direct usage of each Working Capital Fund service: Provided further, That Federal agency components may only pay for
Working Capital Fund services that are consistent with the component’s purpose and authorities: Provided further, That the Working
Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service.
(m) HUMANITARIAN ASSISTANCE.—Funds appropriated by this
Act that are available for monitoring and evaluation of assistance
under the headings ‘‘International Disaster Assistance’’ and ‘‘Migration and Refugee Assistance’’ shall, as appropriate, be made available for the regular collection of feedback obtained directly from
beneficiaries on the quality and relevance of such assistance: Provided, That the Department of State and USAID shall conduct
regular oversight to ensure that such feedback is collected and
used by implementing partners to maximize the cost-effectiveness
and utility of such assistance, and require such partners that receive
funds under such headings to establish procedures for collecting
and responding to such feedback.
(n) HIV/AIDS WORKING CAPITAL FUND.—Funds available in
the HIV/AIDS Working Capital Fund established pursuant to section 525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108–477)
may be made available for pharmaceuticals and other products
for child survival, malaria, and tuberculosis to the same extent
as HIV/AIDS pharmaceuticals and other products, subject to the
terms and conditions in such section: Provided, That the authority
in section 525(b)(5) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2005 (Public Law 108–
477) shall be exercised by the Assistant Administrator for Global
Health, USAID, with respect to funds deposited for such non-HIV/
AIDS pharmaceuticals and other products, and shall be subject
to the regular notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall include
in the congressional budget justification an accounting of budgetary
resources, disbursements, balances, and reimbursements related
to such fund.
(o) LOAN GUARANTEES AND ENTERPRISE FUNDS.—
(1) LOAN GUARANTEES.—Funds appropriated under the
headings ‘‘Economic Support Fund’’ and ‘‘Assistance for Europe,
Eurasia and Central Asia’’ by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for the costs,
as defined in section 502 of the Congressional Budget Act
of 1974, of loan guarantees for Jordan, Ukraine, and Tunisia,

H. R. 2029—526
which are authorized to be provided: Provided, That amounts
made available under this paragraph for the costs of such
guarantees shall not be considered assistance for the purposes
of provisions of law limiting assistance to a country.
(2) ENTERPRISE FUNDS.—Funds appropriated under the
heading ‘‘Economic Support Fund’’ in this Act may be made
available to establish and operate one or more enterprise funds
for Egypt and Tunisia: Provided, That the first, third and
fifth provisos under section 7041(b) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2012 (division I of Public Law 112–74) shall apply to funds
appropriated by this Act under the heading ‘‘Economic Support
Fund’’ for an enterprise fund or funds to the same extent
and in the same manner as such provision of law applied
to funds made available under such section (except that the
clause excluding subsection (d)(3) of section 201 of the SEED
Act shall not apply): Provided further, That in addition to
the previous proviso, the authorities in the matter preceding
the first proviso of such section may apply to any such enterprise fund or funds: Provided further, That the authority of
any such enterprise fund or funds to provide assistance shall
cease to be effective on December 31, 2026.
(3) CONSULTATION AND NOTIFICATION.—Funds made available by this subsection shall be subject to prior consultation
with the appropriate congressional committees, and subject to
the regular notification procedures of the Committees on Appropriations.
(p) ASSESSMENT OF INDIRECT COSTS.—Not later than 90 days
after enactment of this Act and following consultation with the
Committees on Appropriations, the Secretary of State and the
Administrator of the United States Agency for International
Development (USAID) shall submit to such Committees an assessment of the effectiveness of current policies and procedures in
ensuring that payments for indirect costs, including for negotiated
indirect cost rate agreements (NICRA), are reasonable and comply
with the Federal Acquisition Regulations (FAR), as applicable, and
title 2, part 200 of the Code of Federal Regulations (CFR); an
assessment of potential benefits of setting a cap on such indirect
costs to ensure the cost-effective use of appropriated funds; a plan
to revise such policies and procedures to strengthen compliance
with the FAR and CFR and ensure that indirect costs are reasonable; and a timeline for implementing such plan.
(q) SMALL GRANTS AND ENTITIES.—
(1) Of the funds appropriated by this Act under the
headings ‘‘Development Assistance’’ and ‘‘Economic Support
Fund’’, not less than $45,000,000 shall be made available for
the Small Grants Program pursuant to section 7080 of the
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–
235), as amended by this Act, which may remain available
until September 30, 2020.
(2) Not later than 45 days after enactment of this Act,
the Administrator of the United States Agency for International
Development (USAID) shall post on the USAID Web site
detailed information describing the process by which small
nongovernmental organizations, educational institutions, and
other small entities seeking funding from USAID for unsolicited

H. R. 2029—527
proposals through grants, cooperative agreements, and other
assistance mechanisms and agreements, can apply for such
funding: Provided, That the USAID Administrator should
ensure that each bureau, office, and overseas mission has
authority to approve, and sufficient funds to implement, such
grants or other agreements that meet appropriate criteria for
unsolicited proposals.
(3) Section 7080 of Public Law 113–235 is amended as
follows:
(A) in subsections (b) and (c), strike ‘‘Grants’’, and
insert ‘‘Awards’’;
(B) in subsection (c)(1), delete ‘‘or’’ after ‘‘proposals;’’;
(C) in subsection (c)(2) delete the period after ‘‘process’’,
and insert ‘‘; or’’;
(D) after subsection (c)(2), insert ‘‘(3) as otherwise
allowable under Federal Acquisition Regulations and
USAID procurement policies.’’; and
(E) in subsection (e)(3), strike ‘‘12’’, and insert ‘‘20’’,
and strike ‘‘administrative and oversight expenses associated with managing’’ and insert ‘‘administrative expenses,
and other necessary support associated with managing and
strengthening’’.
(4) For the purposes of section 7080 of Public Law 113–
235, ‘‘eligible entities’’ shall be defined as small local, international, and United States-based nongovernmental organizations, educational institutions, and other small entities that
have received less than a total of $5,000,000 in USAID funding
over the previous five years: Provided, That departments or
centers of such educational institutions may be considered
individually in determining such eligibility.
(r) DEFINITIONS.—
(1) Unless otherwise defined in this Act, for purposes of
this Act the term ‘‘appropriate congressional committees’’ shall
mean the Committees on Appropriations and Foreign Relations
of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives.
(2) Unless otherwise defined in this Act, for purposes of
this Act the term ‘‘funds appropriated in this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs’’ shall mean funds that
remain available for obligation, and have not expired.
(3) For the purposes of this Act ‘‘international financial
institutions’’ shall mean the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American
Development Bank, the International Monetary Fund, the
Asian Development Bank, the Asian Development Fund, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, the African
Development Fund, and the Multilateral Investment Guarantee
Agency.
(4) Any reference to Southern Kordofan in this or any
other Act making appropriations for the Department of State,
foreign operations, and related programs shall be deemed to
include portions of Western Kordofan that were previously part

H. R. 2029—528
of Southern Kordofan prior to the 2013 division of Southern
Kordofan.
ARAB LEAGUE BOYCOTT OF ISRAEL

SEC. 7035. It is the sense of the Congress that—
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and
find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott
of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses
from complying with the boycott and penalizing businesses
that do comply.
PALESTINIAN STATEHOOD

SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None of the funds
appropriated under titles III through VI of this Act may be provided
to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees
that—
(1) the governing entity of a new Palestinian state—
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism
and terrorist financing in the West Bank and Gaza,
including the dismantling of terrorist infrastructures, and
is cooperating with appropriate Israeli and other appropriate security organizations; and
(2) the Palestinian Authority (or the governing entity of
a new Palestinian state) is working with other countries in
the region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include—
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the establishment of demilitarized zones;

H. R. 2029—529
(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights
for its citizens, and should enact other laws and regulations
assuring transparent and accountable governance.
(c) WAIVER.—The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(d) EXEMPTION.—The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing entity, in
order to help meet the requirements of subsection (a), consistent
with the provisions of section 7040 of this Act (‘‘Limitation on
Assistance for the Palestinian Authority’’).
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

SEC. 7037. None of the funds appropriated under titles II
through VI of this Act may be obligated or expended to create
in any part of Jerusalem a new office of any department or agency
of the United States Government for the purpose of conducting
official United States Government business with the Palestinian
Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided, That this restriction shall not apply to the acquisition of additional space for the existing Consulate General in Jerusalem: Provided further, That meetings between officers and
employees of the United States and officials of the Palestinian
Authority, or any successor Palestinian governing entity provided
for in the Israel-PLO Declaration of Principles, for the purpose
of conducting official United States Government business with such
authority should continue to take place in locations other than
Jerusalem: Provided further, That as has been true in the past,
officers and employees of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental discussions.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING
CORPORATION

SEC. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to
the Palestinian Broadcasting Corporation.
ASSISTANCE FOR THE WEST BANK AND GAZA

SEC. 7039. (a) OVERSIGHT.—For fiscal year 2016, 30 days prior
to the initial obligation of funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to

H. R. 2029—530
assure the Comptroller General of the United States will have
access to appropriate United States financial information in order
to review the uses of United States assistance for the Program
funded under the heading ‘‘Economic Support Fund’’ for the West
Bank and Gaza.
(b) VETTING.—Prior to the obligation of funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and Gaza, the Secretary of State shall
take all appropriate steps to ensure that such assistance is not
provided to or through any individual, private or government entity,
or educational institution that the Secretary knows or has reason
to believe advocates, plans, sponsors, engages in, or has engaged
in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the
entity’s governing board or governing board of trustees any individual that has been determined to be involved in, or advocating
terrorist activity or determined to be a member of a designated
foreign terrorist organization: Provided, That the Secretary of State
shall, as appropriate, establish procedures specifying the steps to
be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which
the Secretary has determined to be involved in or advocating terrorist activity.
(c) PROHIBITION.—
(1) RECOGNITION OF ACTS OF TERRORISM.—None of the
funds appropriated under titles III through VI of this Act
for assistance under the West Bank and Gaza Program may
be made available for the purpose of recognizing or otherwise
honoring individuals who commit, or have committed acts of
terrorism.
(2) SECURITY ASSISTANCE AND REPORTING REQUIREMENT.—
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on Appropriations on the benchmarks that have been established for
security assistance for the West Bank and Gaza and reports
on the extent of Palestinian compliance with such benchmarks.
(d) AUDITS BY THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT.—
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or nonFederal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and
Gaza Program, are conducted at least on an annual basis
to ensure, among other things, compliance with this section.
(2) Of the funds appropriated by this Act up to $500,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits, inspections, and other activities in furtherance of the requirements
of this subsection: Provided, That such funds are in addition
to funds otherwise available for such purposes.
(e) COMPTROLLER GENERAL OF THE UNITED STATES AUDIT.—
Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and
an investigation of the treatment, handling, and uses of all funds

H. R. 2029—531
for the bilateral West Bank and Gaza Program, including all funds
provided as cash transfer assistance, in fiscal year 2016 under
the heading ‘‘Economic Support Fund’’, and such audit shall
address—
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations
and expenditures.
(f) NOTIFICATION PROCEDURES.—Funds made available in this
Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations.
(g) REPORT.—Not later than 180 days after enactment of this
Act, the Secretary of State shall submit a report to the Committees
on Appropriations updating the report contained in section 2106
of chapter 2 of title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami
Relief, 2005 (Public Law 109–13).
LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY

SEC. 7040. (a) PROHIBITION OF FUNDS.—None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be obligated
or expended with respect to providing funds to the Palestinian
Authority.
(b) WAIVER.—The prohibition included in subsection (a) shall
not apply if the President certifies in writing to the Speaker of
the House of Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that waiving such
prohibition is important to the national security interest of the
United States.
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to subsection (b) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to
the Committees on Appropriations detailing the justification for
the waiver, the purposes for which the funds will be spent, and
the accounting procedures in place to ensure that the funds are
properly disbursed: Provided, That the report shall also detail the
steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure.
(e) CERTIFICATION.—If the President exercises the waiver
authority under subsection (b), the Secretary of State must certify
and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a
single treasury account for all Palestinian Authority financing and
all financing mechanisms flow through this account, no parallel
financing mechanisms exist outside of the Palestinian Authority
treasury account, and there is a single comprehensive civil service
roster and payroll, and the Palestinian Authority is acting to
counter incitement of violence against Israelis and is supporting
activities aimed at promoting peace, coexistence, and security
cooperation with Israel.

H. R. 2029—532
(f) PROHIBITION TO HAMAS AND THE PALESTINE LIBERATION
ORGANIZATION.—
(1) None of the funds appropriated in titles III through
VI of this Act may be obligated for salaries of personnel of
the Palestinian Authority located in Gaza or may be obligated
or expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with
Hamas and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1), assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying
with the principles contained in section 620K(b)(1) (A) and
(B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by
the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–
446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2)
is exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are
continuing to comply with the principles contained in section
620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961,
as amended: Provided, That the report shall also detail the
amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
MIDDLE EAST AND NORTH AFRICA

SEC. 7041. (a) EGYPT.—
(1) CERTIFICATION AND REPORT.—Funds appropriated by
this Act that are available for assistance for Egypt may be
made available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection and
section 620M of the Foreign Assistance Act of 1961, and may
only be made available for assistance for the Government of
Egypt if the Secretary of State certifies and reports to the
Committees on Appropriations that such government is—
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) ECONOMIC SUPPORT FUND.—
(A) FUNDING.—Of the funds appropriated by this Act
under the heading ‘‘Economic Support Fund’’, up to
$150,000,000 may be made available for assistance for
Egypt, of which not less than $35,000,000 should be made
available for higher education programs including not less

H. R. 2029—533
than $10,000,000 for scholarships at not-for-profit institutions for Egyptian students with high financial need: Provided, That such funds may be made available for democracy programs and for development programs in the Sinai:
Provided further, That such funds may not be made available for cash transfer assistance or budget support unless
the Secretary of State certifies and reports to the appropriate congressional committees that the Government of
Egypt is taking consistent and effective steps to stabilize
the economy and implement market-based economic
reforms.
(B) WITHHOLDING.—The Secretary of State shall withhold from obligation funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’ for assistance for
Egypt, an amount of such funds that the Secretary determines to be equivalent to that expended by the United
States Government for bail, and by nongovernmental
organizations for legal and court fees, associated with
democracy-related trials in Egypt until the Secretary certifies and reports to the Committees on Appropriations
that the Government of Egypt has dismissed the convictions
issued by the Cairo Criminal Court on June 4, 2013, in
‘‘Public Prosecution Case No. 1110 for the Year 2012’’.
(3) FOREIGN MILITARY FINANCING PROGRAM.—
(A) CERTIFICATION.—Of the funds appropriated by this
Act under the heading ‘‘Foreign Military Financing Program’’, $1,300,000,000, to remain available until September
30, 2017, may be made available for assistance for Egypt:
Provided, That 15 percent of such funds shall be withheld
from obligation until the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Egypt is taking effective steps to—
(i) advance democracy and human rights in Egypt,
including to govern democratically and protect religious
minorities and the rights of women, which are in addition to steps taken during the previous calendar year
for such purposes;
(ii) implement reforms that protect freedoms of
expression, association, and peaceful assembly,
including the ability of civil society organizations and
the media to function without interference;
(iii) release political prisoners and provide
detainees with due process of law;
(iv) hold Egyptian security forces accountable,
including officers credibly alleged to have violated
human rights; and
(v) provide regular access for United States officials to monitor such assistance in areas where the
assistance is used:
Provided further, That such funds may be transferred to
an interest bearing account in the Federal Reserve Bank
of New York, following consultation with the Committees
on Appropriations: Provided further, That the certification
requirement of this paragraph shall not apply to funds
appropriated by this Act under such heading for counterterrorism, border security, and nonproliferation programs for
Egypt.

H. R. 2029—534
(B) WAIVER.—The Secretary of State may waive the
certification requirement in subparagraph (A) if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national security
interest of the United States, and submits a report to
such Committees containing a detailed justification for the
use of such waiver and the reasons why any of the requirements of subparagraph (A) cannot be met.
(4) OVERSIGHT AND CONSULTATION REQUIREMENTS.—
(A) The Secretary of State shall take all practicable
steps to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by
this subsection for assistance for Egypt.
(B) Not later than 90 days after enactment of this
Act, the Secretary shall consult with the Committees on
Appropriations on any plan to restructure military assistance for Egypt.
(b) IRAN.—
(1) FUNDING.—Funds appropriated by this Act under the
headings ‘‘Diplomatic and Consular Programs’’, ‘‘Economic Support Fund’’, and ‘‘Nonproliferation, Anti-terrorism, Demining
and Related Programs’’ shall be used by the Secretary of State—
(A) to support the United States policy to prevent
Iran from achieving the capability to produce or otherwise
obtain a nuclear weapon;
(B) to support an expeditious response to any violation
of the Joint Comprehensive Plan of Action or United
Nations Security Council Resolution 2231;
(C) to support the implementation and enforcement
of sanctions against Iran for support of terrorism, human
rights abuses, and ballistic missile and weapons proliferation; and
(D) for democracy programs for Iran, to be administered by the Assistant Secretary for Near Eastern Affairs,
Department of State, in consultation with the Assistant
Secretary for Democracy, Human Rights, and Labor,
Department of State.
(2) CONTINUATION OF PROHIBITION.—The terms and conditions of paragraph (2) of section 7041(c) in division I of Public
Law 112–74 shall continue in effect during fiscal year 2016
as if part of this Act.
(3) REPORTS.—
(A) The Secretary of State shall submit to the Committees on Appropriations the semi-annual report required
by section 2 of the Iran Nuclear Agreement Review Act
of 2015 (42 U.S.C. 2160e(d)(4)).
(B) Not later than 180 days after the date of enactment
of this Act, the Secretary of State, in consultation with
the Secretary of the Treasury, shall submit to the appropriate congressional committees a report on the status
of the implementation and enforcement of bilateral United
States and multilateral sanctions against Iran and actions
taken by the United States and the international community to enforce such sanctions against Iran: Provided, That
the report shall also include any entities involved in the
testing of a ballistic missile by the Government of Iran
after October 1, 2015, and note whether such entities are

H. R. 2029—535
currently under United States sanctions: Provided further,
That such report shall be submitted in an unclassified
form, but may contain a classified annex if necessary.
(c) IRAQ.—
(1) PURPOSES.—Funds appropriated by this Act shall be
made available for assistance for Iraq to promote governance,
security, and internal and regional stability, including in
Kurdistan and other areas impacted by the conflict in Syria,
and among religious and ethnic minority populations in Iraq.
(2) LIMITATION.—None of the funds appropriated by this
Act may be made available for construction, rehabilitation,
or other improvements to United States diplomatic facilities
in Iraq on property for which no land-use agreement has been
entered into by the Governments of the United States and
Iraq: Provided, That the restrictions in this paragraph shall
not apply if such funds are necessary to protect United States
diplomatic facilities or the security, health, and welfare of
United States personnel.
(3) KURDISTAN REGIONAL GOVERNMENTS SECURITY SERVICES.—Funds appropriated by this Act under the headings
‘‘International Narcotics Control and Law Enforcement’’ and
‘‘Foreign Military Financing Program’’ that are available for
assistance for Iraq should be made available to enhance the
capacity of Kurdistan Regional Government security services
and for security programs in Kurdistan to address requirements
arising from the violence in Syria and Iraq: Provided, That
the Secretary of State shall consult with the Committees on
Appropriations prior to obligating such funds.
(4) BASING RIGHTS AGREEMENT.—None of the funds appropriated or otherwise made available by this Act may be used
by the Government of the United States to enter into a permanent basing rights agreement between the United States and
Iraq.
(d) JORDAN.—
(1) FUNDING LEVELS.—Of the funds appropriated by this
Act under titles III and IV, not less than $1,275,000,000 shall
be made available for assistance for Jordan, of which not less
than $204,000,000 shall be for budget support for the Government of Jordan and $100,000,000 shall be for water sector
support: Provided, That such assistance for water sector support
shall be subject to prior consultation with the Committees
on Appropriations.
(2) RESPONSE TO THE SYRIAN CRISIS.—Funds appropriated
by this Act shall be made available for programs to implement
the Jordan Response Plan 2015 for the Syria Crisis, including
assistance for host communities in Jordan: Provided, That not
later than 180 days after enactment of this Act, the Secretary
of State shall submit a report to the Committees on Appropriations describing United States and other donor contributions
to such Plan.
(e) LEBANON.—
(1) LIMITATION.—None of the funds appropriated by this
Act may be made available for the Lebanese Internal Security
Forces (ISF) or the Lebanese Armed Forces (LAF) if the ISF
or the LAF is controlled by a foreign terrorist organization,
as designated pursuant to section 219 of the Immigration and
Nationality Act.

H. R. 2029—536
(2) CONSULTATION REQUIREMENT.—Funds appropriated by
this Act under the headings ‘‘International Narcotics Control
and Law Enforcement’’ and ‘‘Foreign Military Financing Program’’ that are available for assistance for Lebanon may be
made available for programs and equipment for the ISF and
the LAF to address security and stability requirements in areas
affected by the conflict in Syria, following consultation with
the appropriate congressional committees.
(3) ECONOMIC SUPPORT FUND.—Funds appropriated by this
Act under the heading ‘‘Economic Support Fund’’ that are available for assistance for Lebanon may be made available notwithstanding section 1224 of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 2346
note).
(4) FOREIGN MILITARY FINANCING PROGRAM.—In addition
to the activities described in paragraph (2), funds appropriated
by this Act under the heading ‘‘Foreign Military Financing
Program’’ for assistance for Lebanon may be made available
only to professionalize the LAF and to strengthen border security and combat terrorism, including training and equipping
the LAF to secure Lebanon’s borders, interdicting arms shipments, preventing the use of Lebanon as a safe haven for
terrorist groups, and to implement United Nations Security
Council Resolution 1701: Provided, That funds may not be
obligated for assistance for the LAF until the Secretary of
State submits to the Committees on Appropriations a detailed
spend plan, including actions to be taken to ensure equipment
provided to the LAF is only used for the intended purposes,
except such plan may not be considered as meeting the notification requirements under section 7015 of this Act or under
section 634A of the Foreign Assistance Act of 1961, and shall
be submitted not later than September 1, 2016: Provided further, That any notification submitted pursuant to such sections
shall include any funds specifically intended for lethal military
equipment.
(f) LIBYA.—
(1) FUNDING.—Of the funds appropriated by titles III and
IV of this Act, not less than $20,000,000 shall be made available
for assistance for Libya for programs to strengthen governing
institutions and civil society, improve border security, and promote democracy and stability in Libya, and for activities to
address the humanitarian needs of the people of Libya.
(2) LIMITATIONS.—
(A) COOPERATION ON THE SEPTEMBER 2012 ATTACK ON
UNITED STATES PERSONNEL AND FACILITIES.—None of the
funds appropriated by this Act may be made available
for assistance for the central Government of Libya unless
the Secretary of State reports to the Committees on Appropriations that such government is cooperating with United
States Government efforts to investigate and bring to justice those responsible for the attack on United States personnel and facilities in Benghazi, Libya in September 2012:
Provided, That the limitation in this paragraph shall not
apply to funds made available for the purpose of protecting
United States Government personnel or facilities.
(B) INFRASTRUCTURE PROJECTS.—The limitation on the
uses of funds in section 7041(f)(2) of the Department of

H. R. 2029—537
State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76) shall
apply to funds appropriated by this Act that are made
available for assistance for Libya.
(3) CERTIFICATION REQUIREMENT.—Prior to the initial
obligation of funds made available by this Act for assistance
for Libya, the Secretary of State shall certify and report to
the Committees on Appropriations that all practicable steps
have been taken to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by
this subsection for assistance for Libya, including a description
of the vetting procedures to be used for recipients of assistance
made available under title IV of this Act.
(g) MOROCCO.—
(1) AVAILABILITY AND CONSULTATION REQUIREMENT.—Funds
appropriated under title III of this Act shall be made available
for assistance for the Western Sahara: Provided, That not later
than 90 days after enactment of this Act and prior to the
obligation of such funds the Secretary of State, in consultation
with the Administrator of the United States Agency for International Development, shall consult with the Committees on
Appropriations on the proposed uses of such funds.
(2) FOREIGN MILITARY FINANCING PROGRAM.—Funds appropriated by this Act under the heading ‘‘Foreign Military
Financing Program’’ that are available for assistance for
Morocco may only be used for the purposes requested in the
Congressional Budget Justification, Foreign Operations, Fiscal
Year 2016.
(h) SYRIA.—
(1) NON-LETHAL ASSISTANCE.—Funds appropriated by this
Act under the headings ‘‘Economic Support Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, and ‘‘Peacekeeping Operations’’ shall be made available, notwithstanding
any other provision of law except for this subsection, for nonlethal assistance for programs to address the needs of civilians
affected by conflict in Syria, and for programs that seek to—
(A) establish governance in Syria that is representative, inclusive, and accountable;
(B) expand the role of women in negotiations to end
the violence and in any political transition in Syria;
(C) develop and implement political processes that are
democratic, transparent, and adhere to the rule of law;
(D) further the legitimacy of the Syrian opposition
through cross-border programs;
(E) develop civil society and an independent media
in Syria;
(F) promote economic development in Syria;
(G) document, investigate, and prosecute human rights
violations in Syria, including through transitional justice
programs and support for nongovernmental organizations;
(H) counter extremist ideologies;
(I) assist Syrian refugees whose education has been
interrupted by the ongoing conflict to complete higher education requirements at regional academic institutions; and
(J) assist vulnerable populations in Syria and in neighboring countries.

H. R. 2029—538
(2) SYRIAN ORGANIZATIONS.—Funds appropriated by this
Act that are made available for assistance for Syria pursuant
to the authority of this subsection shall be made available,
on an open and competitive basis, for a program to strengthen
the capability of Syrian civil society organizations to address
the immediate and long-term needs of the Syrian people inside
Syria in a manner that supports the sustainability of such
organizations in implementing Syrian-led humanitarian and
development programs and the comprehensive strategy
required in section 7041(i)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113–76).
(3) STRATEGY UPDATE.—Funds appropriated by this Act
that are made available for assistance for Syria pursuant to
the authority of this subsection may only be made available
after the Secretary of State, in consultation with the heads
of relevant United States Government agencies, submits, in
classified form if necessary, an update to the comprehensive
strategy required in section 7041(i)(3) of Public Law 113–76.
(4) MONITORING AND OVERSIGHT.—Prior to the obligation
of funds appropriated by this Act and made available for assistance for Syria, the Secretary of State shall take all practicable
steps to ensure that mechanisms are in place for monitoring,
oversight, and control of such assistance inside Syria: Provided,
That the Secretary shall promptly inform the appropriate
congressional committees of each significant instance in which
assistance provided pursuant to this subsection has been compromised, to include the type and amount of assistance affected,
a description of the incident and parties involved, and an explanation of the response of the Department of State.
(5) CONSULTATION AND NOTIFICATION.—Funds made available pursuant to this subsection may only be made available
following consultation with the appropriate congressional
committees, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(i) TUNISIA.—Of the funds appropriated under titles III and
IV of this Act, not less than $141,900,000 shall be made available
for assistance for Tunisia.
(j) WEST BANK AND GAZA.—
(1) REPORT ON ASSISTANCE.—Prior to the initial obligation
of funds made available by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and
Gaza, the Secretary of State shall report to the Committees
on Appropriations that the purpose of such assistance is to—
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) LIMITATIONS.—
(A)(i) None of the funds appropriated under the
heading ‘‘Economic Support Fund’’ in this Act may be made
available for assistance for the Palestinian Authority, if
after the date of enactment of this Act—
(I) the Palestinians obtain the same standing as
member states or full membership as a state in the

H. R. 2029—539
United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the
Palestinians; or
(II) the Palestinians initiate an International
Criminal Court (ICC) judicially authorized investigation, or actively support such an investigation, that
subjects Israeli nationals to an investigation for alleged
crimes against Palestinians.
(ii) The Secretary of State may waive the restriction
in clause (i) of this subparagraph resulting from the
application of subclause (I) of such clause if the Secretary
certifies to the Committees on Appropriations that to do
so is in the national security interest of the United States,
and submits a report to such Committees detailing how
the waiver and the continuation of assistance would assist
in furthering Middle East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100–204) if the President
determines and certifies in writing to the Speaker of the
House of Representatives, the President pro tempore of
the Senate, and the appropriate congressional committees
that the Palestinians have not, after the date of enactment
of this Act—
(I) obtained in the United Nations or any specialized agency thereof the same standing as member
states or full membership as a state outside an agreement negotiated between Israel and the Palestinians;
and
(II) taken any action with respect to the ICC that
is intended to influence a determination by the ICC
to initiate a judicially authorized investigation, or to
actively support such an investigation, that subjects
Israeli nationals to an investigation for alleged crimes
against Palestinians.
(ii) Not less than 90 days after the President is unable
to make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of
Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that the Palestinians have
entered into direct and meaningful negotiations with Israel:
Provided, That any waiver of the provisions of section
1003 of Public Law 100–204 under clause (i) of this
subparagraph or under previous provisions of law must
expire before the waiver under the preceding sentence may
be exercised.
(iii) Any waiver pursuant to this subparagraph shall
be effective for no more than a period of 6 months at
a time and shall not apply beyond 12 months after the
enactment of this Act.
(3) REDUCTION.—The Secretary of State shall reduce the
amount of assistance made available by this Act under the
heading ‘‘Economic Support Fund’’ for the Palestinian Authority
by an amount the Secretary determines is equivalent to the
amount expended by the Palestinian Authority as payments

H. R. 2029—540
for acts of terrorism by individuals who are imprisoned after
being fairly tried and convicted for acts of terrorism and by
individuals who died committing acts of terrorism during the
previous calendar year: Provided, That the Secretary shall
report to the Committees on Appropriations on the amount
reduced for fiscal year 2016 prior to the obligation of funds
for the Palestinian Authority.
(4) SECURITY REPORT.—The reporting requirements contained in section 1404 of the Supplemental Appropriations Act,
2008 (Public Law 110–252) shall apply to funds made available
by this Act, including a description of modifications, if any,
to the security strategy of the Palestinian Authority.
AFRICA

SEC. 7042. (a) BOKO HARAM.—Funds appropriated by this Act
that are made available for assistance for Cameroon, Chad, Niger,
and Nigeria—
(1) shall be made available for assistance for women and
girls who are targeted by the terrorist organization Boko
Haram, consistent with the provisions of section 7059 of this
Act; and
(2) may be made available for counterterrorism programs
to combat Boko Haram.
(b) CENTRAL AFRICAN REPUBLIC.—Funds made available by
this Act for assistance for the Central African Republic shall be
made available for reconciliation and peacebuilding programs,
including activities to promote inter-faith dialogue at the national
and local levels, and for programs to prevent crimes against
humanity.
(c) COUNTERTERRORISM PROGRAMS.—Of the funds appropriated
by this Act, not less than $69,821,000 should be made available
for the Trans-Sahara Counter-terrorism Partnership program, and
not less than $24,150,000 should be made available for the Partnership for Regional East Africa Counterterrorism program.
(d) ETHIOPIA.—
(1) FORCED EVICTIONS.—
(A) Funds appropriated by this Act for assistance for
Ethiopia may not be made available for any activity that
supports forced evictions.
(B) The Secretary of the Treasury shall instruct the
United States executive director of each international
financial institution to vote against financing for any
activity that supports forced evictions in Ethiopia.
(2) CONSULTATION REQUIREMENT.—Programs and activities
to improve livelihoods shall include prior consultation with,
and the participation of, affected communities, including in
the South Omo and Gambella regions.
(3) FOREIGN MILITARY FINANCING PROGRAM.—Funds appropriated by this Act under the heading ‘‘Foreign Military
Financing Program’’ for assistance for Ethiopia may only be
made available for border security and counterterrorism programs, support for international peacekeeping efforts, and
assistance for the Ethiopian Defense Command and Staff College.
(e) LAKE CHAD BASIN COUNTRIES.—Funds appropriated by this
Act shall be made available for democracy and other development

H. R. 2029—541
programs in Cameroon, Chad, Niger, and Nigeria, following consultation with the Committees on Appropriations: Provided, That
such democracy programs should protect freedoms of expression,
association and religion, including for journalists, civil society, and
opposition political parties, and should be used to assist the governments of such countries to strengthen accountability and the rule
of law, including within the security forces.
(f) LORD’S RESISTANCE ARMY.—Funds appropriated by this Act
shall be made available for programs and activities in areas affected
by the Lord’s Resistance Army (LRA) consistent with the goals
of the Lord’s Resistance Army Disarmament and Northern Uganda
Recovery Act (Public Law 111–172), including to improve physical
access, telecommunications infrastructure, and early-warning
mechanisms and to support the disarmament, demobilization, and
reintegration of former LRA combatants, especially child soldiers.
(g) POWER AFRICA INITIATIVE.—Funds appropriated by this Act
that are made available for the Power Africa initiative shall be
subject to the regular notification procedures of the Committees
on Appropriations.
(h) PROGRAMS IN AFRICA.—
(1) Of the funds appropriated by this Act under the
headings ‘‘Global Health Programs’’ and ‘‘Economic Support
Fund’’, not less than $7,000,000 shall be made available for
the purposes of section 7042(g)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113–76).
(2) Of the funds appropriated by this Act under the
headings ‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and Law Enforcement’’, not less than $8,000,000
shall be made available for the purposes of section 7042(g)(2)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2014 (division K of Public Law
113–76).
(3) Funds made available under paragraphs (1) and (2)
shall be programmed in a manner that leverages a United
States Government-wide approach to addressing shared challenges and mutually beneficial opportunities, and shall be the
responsibility of United States Chiefs of Mission in countries
in Africa seeking enhanced partnerships with the United States
in areas of trade, investment, development, health, and security.
(i) SOUTH SUDAN.—
(1) Funds appropriated by this Act that are made available
for assistance for South Sudan should—
(A) be prioritized for programs that respond to humanitarian needs and the delivery of basic services and to
mitigate conflict and promote stability, including to address
protection needs and prevent and respond to gender-based
violence;
(B) support programs that build resilience of communities to address food insecurity, maintain educational
opportunities, and enhance local governance;
(C) be used to advance democracy, including support
for civil society, independent media, and other means to
strengthen the rule of law;
(D) support the transparent and sustainable management of natural resources by assisting the Government

H. R. 2029—542
of South Sudan in conducting regular audits of financial
accounts, including revenues from oil and gas, and the
timely public disclosure of such audits; and
(E) support the professionalization of security forces,
including human rights and accountability to civilian
authorities.
(2) None of the funds appropriated by this Act that are
available for assistance for the central Government of South
Sudan may be made available until the Secretary of State
certifies and reports to the Committees on Appropriations that
such government is taking effective steps to—
(A) end hostilities and pursue good faith negotiations
for a political settlement of the internal conflict;
(B) provide access for humanitarian organizations;
(C) end the recruitment and use of child soldiers;
(D) protect freedoms of expression, association, and
assembly;
(E) reduce corruption related to the extraction and
sale of oil and gas; and
(F) establish democratic institutions, including accountable military and police forces under civilian authority.
(3) The limitation of paragraph (2) shall not apply to—
(A) humanitarian assistance;
(B) assistance to support South Sudan peace negotiations or to advance or implement a peace agreement; and
(C) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement
(CPA) and mutual arrangements related to the CPA.
(j) SUDAN.—
(1) Notwithstanding any other provision of law, none of
the funds appropriated by this Act may be made available
for assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be
made available for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees,
and credit agreements.
(3) The limitations of paragraphs (1) and (2) shall not
apply to—
(A) humanitarian assistance;
(B) assistance for democracy programs;
(C) assistance for the Darfur region, Southern Kordofan
State, Blue Nile State, other marginalized areas and populations in Sudan, and Abyei; and
(D) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement
(CPA), mutual arrangements related to post-referendum
issues associated with the CPA, or any other internationally recognized viable peace agreement in Sudan.
(k) ZIMBABWE.—
(1) The Secretary of the Treasury shall instruct the United
States executive director of each international financial institution to vote against any extension by the respective institution
of any loan or grant to the Government of Zimbabwe, except
to meet basic human needs or to promote democracy, unless

H. R. 2029—543
the Secretary of State certifies and reports to the Committees
on Appropriations that the rule of law has been restored,
including respect for ownership and title to property, and freedoms of expression, association, and assembly.
(2) None of the funds appropriated by this Act shall be
made available for assistance for the central Government of
Zimbabwe, except for health and education, unless the Secretary of State certifies and reports as required in paragraph
(1), and funds may be made available for macroeconomic growth
assistance if the Secretary reports to the Committees on Appropriations that such government is implementing transparent
fiscal policies, including public disclosure of revenues from the
extraction of natural resources.
EAST ASIA AND THE PACIFIC

SEC. 7043. (a) ASIA REBALANCING INITIATIVE.—Except for paragraphs (1)(C), (4), (5)(B) and (C), and 6(B), section 7043(a) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113–235) shall
continue in effect during fiscal year 2016 as if part of this Act:
Provided, That section 7043(a)(8) of such Act shall be applied to
funds appropriated by this Act by adding ‘‘East Asia,’’ before ‘‘South
East Asia’’.
(b) BURMA.—
(1) BILATERAL ECONOMIC ASSISTANCE.—
(A) Funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ for assistance for Burma may
be made available notwithstanding any other provision of
law, except for this subsection, and following consultation
with the appropriate congressional committees.
(B) Funds appropriated under title III of this Act for
assistance for Burma—
(i) may not be made available for budget support
for the Government of Burma;
(ii) shall be made available to strengthen civil
society organizations in Burma, including as core support for such organizations;
(iii) shall be made available for the implementation
of the democracy and human rights strategy required
by section 7043(b)(3)(A) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76);
(iv) shall be made available for community-based
organizations operating in Thailand to provide food,
medical, and other humanitarian assistance to
internally displaced persons in eastern Burma, in addition to assistance for Burmese refugees from funds
appropriated by this Act under the heading ‘‘Migration
and Refugee Assistance’’;
(v) shall be made available for programs to promote
ethnic and religious tolerance, including in Rakhine
and Kachin states;
(vi) may not be made available to any successor
or affiliated organization of the State Peace and
Development Council (SPDC) controlled by former
SPDC members that promotes the repressive policies

H. R. 2029—544
of the SPDC, or to any individual or organization
credibly alleged to have committed gross violations
of human rights, including against Rohingya and other
minority groups;
(vii) may be made available for programs administered by the Office of Transition Initiatives, United
States Agency for International Development (USAID),
for ethnic groups and civil society in Burma to help
sustain ceasefire agreements and further prospects for
reconciliation and peace, which may include support
to representatives of ethnic armed groups for this purpose; and
(viii) may not be made available to any organization or individual the Secretary of State determines
and reports to the appropriate congressional committees advocates violence against ethnic or religious
groups and individuals in Burma, including such
organizations as Ma Ba Tha.
(2) INTERNATIONAL SECURITY ASSISTANCE.—None of the
funds appropriated by this Act under the headings ‘‘International Military Education and Training’’ and ‘‘Foreign Military Financing Program’’ may be made available for assistance
for Burma: Provided, That the Department of State may continue consultations with the armed forces of Burma only on
human rights and disaster response in a manner consistent
with the prior fiscal year, and following consultation with the
appropriate congressional committees.
(3) MULTILATERAL ASSISTANCE.—The Secretary of the
Treasury should instruct the United States executive director
of each international financial institution to use the voice and
vote of the United States to support projects in Burma only
if such projects—
(A) promote accountability and transparency, including
on-site monitoring throughout the life of the project;
(B) are developed and carried out in accordance with
best practices regarding environmental conservation; social
and cultural protection and empowerment of local populations, particularly ethnic nationalities; and extraction of
resources;
(C) do not promote the displacement of local populations without appropriate consultation, harm mitigation
and compensation, and do not provide incentives for, or
facilitate, the forced migration of indigenous communities;
and
(D) do not partner with or otherwise involve militaryowned enterprises or state-owned enterprises associated
with the military.
(4) ASSESSMENT.—Not later than 180 days after enactment
of this Act, the Comptroller General of the United States shall
initiate an assessment of democracy programs in Burma conducted by the Department of State and USAID, including the
strategy for such programs, and programmatic implementation
and results: Provided, That of the funds appropriated by this
Act and made available for assistance for Burma, up to
$100,000 shall be made available to the Comptroller for such
assessment.
(5) PROGRAMS, POSITION, AND RESPONSIBILITIES.—

H. R. 2029—545
(A) Any new program or activity in Burma initiated
in fiscal year 2016 shall be subject to prior consultation
with the appropriate congressional committees.
(B) Section 7043(b)(7) of the Department of State, Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113–235) shall continue
in effect during fiscal year 2016 as if part of this Act.
(C) The United States Chief of Mission in Burma,
in consultation with the Assistant Secretary for the Bureau
of Democracy, Human Rights, and Labor, Department of
State, shall be responsible for democracy programs in
Burma.
(c) CAMBODIA.—
(1) KHMER ROUGE TRIBUNAL.—Of the funds appropriated
by this Act that are made available for assistance for Cambodia,
up to $2,000,000 may be made available for a contribution
to the Extraordinary Chambers in the Court of Cambodia
(ECCC), in a manner consistent with prior fiscal years, except
that such funds may only be made available for a contribution
to the appeals process in Case 002/01.
(2) RESEARCH AND EDUCATION.—Funds made available by
this Act for democracy programs in Cambodia shall be made
available for research and education programs associated with
the Khmer Rouge genocide in Cambodia.
(3) REIMBURSEMENTS.—The Secretary of State shall continue to consult with the Principal Donors Group on reimbursements to the Documentation Center of Cambodia for costs
incurred in support of the ECCC.
(d) NORTH KOREA.—
(1) BROADCASTS.—Funds appropriated by this Act under
the heading ‘‘International Broadcasting Operations’’ shall be
made available to maintain broadcasts into North Korea at
levels consistent with the prior fiscal year.
(2) REFUGEES.—Funds appropriated by this Act under the
heading ‘‘Migration and Refugee Assistance’’ shall be made
available for assistance for refugees from North Korea,
including protection activities in the People’s Republic of China
and other countries in the Asia region.
(3) DATABASE AND REPORT.—Funds appropriated by this
Act under title III shall be made available to maintain a database of prisons and gulags in North Korea, in accordance with
section 7032(i) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2014 (division K
of Public Law 113–76): Provided, That not later than 30 days
after enactment of this Act, the Secretary of State shall submit
a report to the Committees on Appropriations describing the
sources of information and format of such database.
(4) LIMITATION ON USE OF FUNDS.—None of the funds made
available by this Act under the heading ‘‘Economic Support
Fund’’ may be made available for assistance for the Government
of North Korea.
(e) PEOPLE’S REPUBLIC OF CHINA.—
(1) LIMITATION ON USE OF FUNDS.—None of the funds appropriated under the heading ‘‘Diplomatic and Consular Programs’’
in this Act may be obligated or expended for processing licenses
for the export of satellites of United States origin (including
commercial satellites and satellite components) to the People’s

H. R. 2029—546
Republic of China (PRC) unless, at least 15 days in advance,
the Committees on Appropriations are notified of such proposed
action.
(2) PEOPLE’S LIBERATION ARMY.—The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961
shall apply to foreign assistance projects or activities of the
People’s Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or controlled
by, or an affiliate of, the PLA: Provided, That none of the
funds appropriated or otherwise made available pursuant to
this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary
of State has reason to believe is owned or controlled by, or
an affiliate of, the PLA.
(3) COUNTER INFLUENCE PROGRAMS.—Funds appropriated
by this Act for public diplomacy under title I and for assistance
under titles III and IV shall be made available to counter
the influence of the PRC, in accordance with the strategy
required by section 7043(e)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113–76), following consultation
with the Committees on Appropriations.
(4) COST-MATCHING REQUIREMENT.—Section 7032(f) of the
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–
235) shall continue in effect during fiscal year 2016 as if part
of this Act.
(f) TIBET.—
(1) FINANCING OF PROJECTS IN TIBET.—The Secretary of
the Treasury should instruct the United States executive
director of each international financial institution to use the
voice and vote of the United States to support financing of
projects in Tibet if such projects do not provide incentives
for the migration and settlement of non-Tibetans into Tibet
or facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan people
and respect Tibetan culture and traditions, and are subject
to effective monitoring.
(2) PROGRAMS FOR TIBETAN COMMUNITIES.—
(A) Notwithstanding any other provision of law, funds
appropriated by this Act under the heading ‘‘Economic
Support Fund’’ shall be made available to nongovernmental
organizations to support activities which preserve cultural
traditions and promote sustainable development, education,
and environmental conservation in Tibetan communities
in the Tibetan Autonomous Region and in other Tibetan
communities in China.
(B) Funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ shall be made available for programs to promote and preserve Tibetan culture, development, and the resilience of Tibetan communities in India
and Nepal, and to assist in the education and development
of the next generation of Tibetan leaders from such communities: Provided, That such funds are in addition to
amounts made available in subparagraph (A) for programs
inside Tibet.

H. R. 2029—547
(g) VIETNAM.—
(1) DIOXIN REMEDIATION.—Funds appropriated by this Act
under the heading ‘‘Economic Support Fund’’ shall be made
available for remediation of dioxin contaminated sites in
Vietnam and may be made available for assistance for the
Government of Vietnam, including the military, for such purposes.
(2) HEALTH AND DISABILITY PROGRAMS.—Funds appropriated by this Act under the heading ‘‘Development Assistance’’
shall be made available for health and disability programs
in areas sprayed with Agent Orange and otherwise contaminated with dioxin, to assist individuals with severe upper or
lower body mobility impairment and/or cognitive or developmental disabilities.
SOUTH AND CENTRAL ASIA

SEC. 7044. (a) AFGHANISTAN.—
(1) DIPLOMATIC OPERATIONS.—
(A) FACILITIES.—Funds appropriated by this Act under
the headings ‘‘Diplomatic and Consular Programs’’,
‘‘Embassy Security, Construction, and Maintenance’’, and
‘‘Operating Expenses’’ that are available for construction
and renovation of United States Government facilities in
Afghanistan may not be made available if the purpose
is to accommodate Federal employee positions or to expand
aviation facilities or assets above those notified by the
Department of State and the United States Agency for
International Development (USAID) to the Committees on
Appropriations, or contractors in addition to those in place
on the date of enactment of this Act: Provided, That the
limitations in this paragraph shall not apply if funds are
necessary to implement plans for accommodating other
United States Government agencies under Chief of Mission
authority per section 3927 of title 22, United States Code,
or to protect such facilities or the security, health, and
welfare of United States Government personnel.
(B) PERSONNEL REPORT.—Not later than 30 days after
enactment of this Act and every 120 days thereafter until
September 30, 2016, the Secretary of State shall submit
a report, in classified form if necessary, to the appropriate
congressional committees detailing by agency the number
of personnel present in Afghanistan under Chief of Mission
authority per section 3927 of title 22, United States Code,
at the end of the 120 day period preceding the submission
of such report: Provided, That such report shall also include
the number of locally employed staff and contractors supporting United States Embassy operations in Afghanistan
during the reporting period.
(2) ASSISTANCE AND CONDITIONS.—
(A) FUNDING AND LIMITATIONS.—Funds appropriated
by this Act under the headings ‘‘Economic Support Fund’’
and ‘‘International Narcotics Control and Law Enforcement’’ may be made available for assistance for Afghanistan: Provided, That such funds may not be obligated for
any project or activity that—

H. R. 2029—548
(i) includes the participation of any Afghan individual or organization that the Secretary of State determines to be involved in corrupt practices or a violation
of human rights;
(ii) cannot be sustained, as appropriate, by the
Government of Afghanistan or another Afghan entity;
(iii) is inaccessible for the purposes of conducting
regular oversight in accordance with applicable Federal
statutes and regulations; or
(iv) initiates any new, major infrastructure
development.
(B) CERTIFICATION AND REPORT.—Prior to the initial
obligation of funds made available by this Act under the
headings ‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and Law Enforcement’’ for assistance for
the central Government of Afghanistan, the Secretary of
State shall certify and report to the Committees on Appropriations, after consultation with the Government of
Afghanistan, that—
(i) goals and benchmarks for the specific uses of
such funds have been established by the Governments
of the United States and Afghanistan;
(ii) conditions are in place that increase the transparency and accountability of the Government of
Afghanistan for funds obligated under the New
Development Partnership;
(iii) the Government of Afghanistan is continuing
to implement laws and policies to govern democratically and protect the rights of individuals and civil
society, including taking consistent steps to protect
and advance the rights of women and girls in Afghanistan;
(iv) the Government of Afghanistan is reducing
corruption and prosecuting individuals alleged to be
involved in illegal activities in Afghanistan;
(v) monitoring and oversight frameworks for programs implemented with such funds are in accordance
with all applicable audit policies of the Department
of State and USAID;
(vi) the necessary policies and procedures are in
place to ensure Government of Afghanistan compliance
with section 7013 of this Act; and
(vii) the Government of Afghanistan has established processes for the public reporting of its national
budget, including revenues and expenditures.
(C) WAIVER.—The Secretary of State, after consultation
with the Secretary of Defense, may waive the certification
requirement of subparagraph (B) if the Secretary determines that to do so is important to the national security
interest of the United States and the Secretary submits
a report to the Committees on Appropriations, in classified
form if necessary, on the justification for the waiver and
the reasons why any part of the certification requirement
of subparagraph (B) has not been met.
(D) PROGRAMS.—Funds appropriated by this Act that
are made available for assistance for Afghanistan shall
be made available in the following manner—

H. R. 2029—549
(i) not less than $50,000,000 shall be made available for rule of law programs, the decisions for which
shall be the responsibility of the Chief of Mission,
in consultation with other appropriate United States
Government officials in Afghanistan;
(ii) for programs that protect the rights of women
and girls and promote the political and economic
empowerment of women, including their meaningful
inclusion in political processes: Provided, That such
assistance to promote economic empowerment of
women shall be made available as grants to Afghan
and international organizations, to the maximum
extent practicable;
(iii) for programs in South and Central Asia to
expand linkages between Afghanistan and countries
in the region, subject to the regular notification procedures of the Committees on Appropriations; and
(iv) to assist the Government of Afghanistan to
increase revenue collection and expenditure.
(3) GOALS AND BENCHMARKS.—Not later than 90 days after
enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report describing
the goals and benchmarks required in clause (2)(B)(i): Provided,
That not later than 6 months after the submission of such
report and every 6 months thereafter until September 30, 2017,
the Secretary of State shall submit a report to such committees
on the status of achieving such goals and benchmarks: Provided
further, That the Secretary of State should suspend assistance
for the Government of Afghanistan if any report required by
this paragraph indicates that such government is failing to
make measurable progress in meeting such goals and benchmarks.
(4) AUTHORITIES.—
(A) Funds appropriated by this Act under title III
through VI that are made available for assistance for
Afghanistan may be made available—
(i) notwithstanding section 7012 of this Act or
any similar provision of law and section 660 of the
Foreign Assistance Act of 1961;
(ii) for reconciliation programs and disarmament,
demobilization, and reintegration activities for former
combatants who have renounced violence against the
Government of Afghanistan, in accordance with section
7046(a)(2)(B)(ii) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2012 (division I of Public Law 112–74); and
(iii) for an endowment to empower women and
girls.
(B) Section 7046(a)(2)(A) of division I of Public Law
112–74 shall apply to funds appropriated by this Act for
assistance for Afghanistan.
(C) Section 1102(c) of the Supplemental Appropriations
Act, 2009 (title XI of Public Law 111–32) shall continue
in effect during fiscal year 2016 as if part of this Act.

H. R. 2029—550
(5) BASING RIGHTS AGREEMENT.—None of the funds made
available by this Act may be used by the United States Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) BANGLADESH.—Funds appropriated by this Act under the
heading ‘‘Development Assistance’’ that are made available for
assistance for Bangladesh shall be made available for programs
to protect due process of law, and to improve labor conditions
by strengthening the capacity of independent workers’ organizations
in Bangladesh’s readymade garment, shrimp, and fish export sectors.
(c) NEPAL.—
(1) BILATERAL ECONOMIC ASSISTANCE.—Funds appropriated
by this Act shall be made available for assistance for Nepal
for earthquake recovery and reconstruction programs: Provided,
That such amounts shall be in addition to funds made available
by this Act for development and democracy programs in Nepal:
Provided further, That funds made available for earthquake
recovery and reconstruction programs should—
(A) target affected communities on an equitable basis;
and
(B) include sufficient oversight mechanisms, to include
the participation of civil society organizations.
(2) FOREIGN MILITARY FINANCING PROGRAM.—Funds appropriated by this Act under the heading ‘‘Foreign Military
Financing Program’’ shall only be made available for humanitarian and disaster relief and reconstruction activities in Nepal,
and in support of international peacekeeping operations: Provided, That such funds may only be made available for any
additional uses if the Secretary of State certifies and reports
to the Committees on Appropriations that the Government
of Nepal is investigating and prosecuting violations of human
rights and the law of war, and the Nepal Army is cooperating
fully with civilian judicial authorities on such efforts.
(d) PAKISTAN.—
(1) CERTIFICATION REQUIREMENT.—None of the funds appropriated or otherwise made available by this Act under the
headings ‘‘Economic Support Fund’’, ‘‘International Narcotics
Control and Law Enforcement’’, and ‘‘Foreign Military
Financing Program’’ for assistance for the Government of Pakistan may be made available unless the Secretary of State
certifies and reports to the Committees on Appropriations that
the Government of Pakistan is—
(A) cooperating with the United States in counterterrorism efforts against the Haqqani Network, the Quetta
Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, AlQaeda, and other domestic and foreign terrorist organizations, including taking effective steps to end support for
such groups and prevent them from basing and operating
in Pakistan and carrying out cross border attacks into
neighboring countries;
(B) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan’s
military and intelligence agencies are not intervening
extra-judicially into political and judicial processes in Pakistan;

H. R. 2029—551
(C) dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in the
manufacture of IEDs;
(D) preventing the proliferation of nuclear-related
material and expertise;
(E) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(F) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(2) WAIVER.—The Secretary of State, after consultation
with the Secretary of Defense, may waive the certification
requirement of paragraph (1) if the Secretary of State determines that to do so is important to the national security interest
of the United States and the Secretary submits a report to
the Committees on Appropriations, in classified form if necessary, on the justification for the waiver and the reasons
why any part of the certification requirement of paragraph
(1) has not been met.
(3) ASSISTANCE.—
(A) Funds appropriated by this Act under the heading
‘‘Foreign Military Financing Program’’ for assistance for
Pakistan may be made available only to support counterterrorism and counterinsurgency capabilities in Pakistan.
(B) Funds appropriated by this Act under the headings
‘‘Economic Support Fund’’ and ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’ that are available
for assistance for Pakistan shall be made available to interdict precursor materials from Pakistan to Afghanistan that
are used to manufacture IEDs, including calcium ammonium nitrate; to support programs to train border and
customs officials in Pakistan and Afghanistan; and for agricultural extension programs that encourage alternative fertilizer use among Pakistani farmers.
(C) Funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ that are made available for
assistance for infrastructure projects in Pakistan shall be
implemented in a manner consistent with section 507(6)
of the Trade Act of 1974 (19 U.S.C. 2467(6)).
(D) Funds appropriated by this Act under titles III
and IV for assistance for Pakistan may be made available
notwithstanding any other provision of law, except for this
subsection and section 620M of the Foreign Assistance
Act of 1961.
(E) Of the funds appropriated under title III of this
Act that are made available for assistance for Pakistan,
$33,000,000 shall be withheld from obligation until the
Secretary of State reports to the Committees on Appropriations that Dr. Shakil Afridi has been released from prison
and cleared of all charges relating to the assistance provided to the United States in locating Osama bin Laden.
(4) SCHOLARSHIPS FOR WOMEN.—The authority and directives of section 7044(d)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015

H. R. 2029—552
(division J of Public Law 113–235) shall apply to funds appropriated by this Act that are made available for assistance
for Pakistan.
(5) REPORTS.—
(A)(i) The spend plan required by section 7076 of this
Act for assistance for Pakistan shall include achievable
and sustainable goals, benchmarks for measuring progress,
and expected results regarding combating poverty and furthering development in Pakistan, countering terrorism and
extremism, and establishing conditions conducive to the
rule of law and transparent and accountable governance:
Provided, That such benchmarks may incorporate those
required in title III of the Enhanced Partnership with
Pakistan Act of 2009 (22 U.S.C. 8441 et seq.), as appropriate: Provided further, That not later than 6 months
after submission of such spend plan, and each 6 months
thereafter until September 30, 2017, the Secretary of State
shall submit a report to the Committees on Appropriations
on the status of achieving the goals and benchmarks in
such plan.
(ii) The Secretary of State should suspend assistance
for the Government of Pakistan if any report required
by clause (i) indicates that Pakistan is failing to make
measurable progress in meeting such goals or benchmarks.
(B) Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the costs and
objectives associated with significant infrastructure projects
supported by the United States in Pakistan, and an assessment of the extent to which such projects achieve such
objectives.
(6) OVERSIGHT.—The Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by this
subsection for assistance for Pakistan.
(e) SRI LANKA.—
(1) BILATERAL ECONOMIC ASSISTANCE.—Funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’ shall
be made available for assistance for Sri Lanka for democracy
and economic development programs, particularly in areas
recovering from ethnic and religious conflict: Provided, That
such funds shall be made available for programs to assist
in the identification and resolution of cases of missing persons.
(2) CERTIFICATION.—Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be
made available only if the Secretary of State certifies and
reports to the Committees on Appropriations that the Government of Sri Lanka is continuing to—
(A) address the underlying causes of conflict in Sri
Lanka; and
(B) increase accountability and transparency in governance.
(3) INTERNATIONAL SECURITY ASSISTANCE.—Funds appropriated under title IV of this Act that are available for assistance for Sri Lanka shall be subject to the following conditions—

H. R. 2029—553
(A) funds under the heading ‘‘Foreign Military
Financing Program’’ may only be made available for programs to redeploy, restructure, and reduce the size of the
Sri Lankan armed forces and shall not exceed $400,000;
(B) funds under the heading ‘‘International Military
Education and Training’’ may only be made available for
training related to international peacekeeping operations
and Expanded International Military Education and
Training; and
(C) funds under the heading ‘‘Peacekeeping Operations’’ may only be made available for training related
to international peacekeeping operations.
(f) REGIONAL PROGRAMS.—
(1) Funds appropriated by this Act under the heading ‘‘Economic Support Fund’’ for assistance for Afghanistan and Pakistan may be provided, notwithstanding any other provision
of law that restricts assistance to foreign countries, for cross
border stabilization and development programs between
Afghanistan and Pakistan, or between either country and the
Central Asian countries.
(2) Funds appropriated by this Act under the headings
‘‘Economic Support Fund’’, ‘‘International Narcotics Control and
Law Enforcement’’, and ‘‘Assistance for Europe, Eurasia and
Central Asia’’ that are available for assistance for countries
in South and Central Asia shall be made available to enhance
the recruitment, retention, and professionalism of women in
the judiciary, police, and other security forces.
WESTERN HEMISPHERE

SEC. 7045. (a) UNITED STATES ENGAGEMENT IN CENTRAL
AMERICA.—
(1) FUNDING.—Subject to the requirements of this subsection, of the funds appropriated under titles III and IV of
this Act, up to $750,000,000 may be made available for assistance for countries in Central America to implement the United
States Strategy for Engagement in Central America (the
Strategy) in support of the Plan of the Alliance for Prosperity
in the Northern Triangle of Central America (the Plan): Provided, That the Secretary of State and Administrator of the
United States Agency for International Development (USAID)
shall prioritize such assistance to address the key factors in
such countries contributing to the migration of unaccompanied,
undocumented minors to the United States: Provided further,
That such funds shall be made available to the maximum
extent practicable on a cost-matching basis.
(2) PRE-OBLIGATION REQUIREMENTS.—Prior to the obligation
of funds made available pursuant to paragraph (1), the Secretary of State shall submit to the Committees on Appropriations a multi-year spend plan specifying the proposed uses
of such funds in each country and the objectives, indicators
to measure progress, and a timeline to implement the Strategy,
and the amounts made available from prior Acts making appropriations for the Department of State, foreign operations, and
related programs to support such Strategy: Provided, That such
spend plan shall also include a description of how such assistance will differ from, complement, and leverage funds allocated

H. R. 2029—554
by each government and other donors, including international
financial institutions.
(3) ASSISTANCE FOR THE CENTRAL GOVERNMENTS OF EL SALVADOR, GUATEMALA, AND HONDURAS.—Of the funds made available pursuant to paragraph (1) that are available for assistance
for each of the central governments of El Salvador, Guatemala,
and Honduras, the following amounts shall be withheld from
obligation and may only be made available as follows:
(A) 25 percent may only be obligated after the Secretary of State certifies and reports to the appropriate
congressional committees that such government is taking
effective steps to—
(i) inform its citizens of the dangers of the journey
to the southwest border of the United States;
(ii) combat human smuggling and trafficking;
(iii) improve border security; and
(iv) cooperate with United States Government
agencies and other governments in the region to facilitate the return, repatriation, and reintegration of
illegal migrants arriving at the southwest border of
the United States who do not qualify as refugees, consistent with international law.
(B) An additional 50 percent may only be obligated
after the Secretary of State certifies and reports to the
appropriate congressional committees that such government is taking effective steps to—
(i) establish an autonomous, publicly accountable
entity to provide oversight of the Plan;
(ii) combat corruption, including investigating and
prosecuting government officials credibly alleged to be
corrupt;
(iii) implement reforms, policies, and programs to
improve transparency and strengthen public institutions, including increasing the capacity and independence of the judiciary and the Office of the Attorney
General;
(iv) establish and implement a policy that local
communities, civil society organizations (including
indigenous and other marginalized groups), and local
governments are consulted in the design, and participate in the implementation and evaluation of, activities
of the Plan that affect such communities, organizations,
and governments;
(v) counter the activities of criminal gangs, drug
traffickers, and organized crime;
(vi) investigate and prosecute in the civilian justice
system members of military and police forces who are
credibly alleged to have violated human rights, and
ensure that the military and police are cooperating
in such cases;
(vii) cooperate with commissions against impunity,
as appropriate, and with regional human rights entities;
(viii) support programs to reduce poverty, create
jobs, and promote equitable economic growth in areas
contributing to large numbers of migrants;

H. R. 2029—555
(ix) establish and implement a plan to create a
professional, accountable civilian police force and curtail the role of the military in internal policing;
(x) protect the right of political opposition parties,
journalists, trade unionists, human rights defenders,
and other civil society activists to operate without
interference;
(xi) increase government revenues, including by
implementing tax reforms and strengthening customs
agencies; and
(xii) resolve commercial disputes, including the
confiscation of real property, between United States
entities and such government.
(4) SUSPENSION OF ASSISTANCE AND PERIODIC REVIEW.—
(A) The Secretary of State shall periodically review
the progress of each of the central governments of El Salvador, Guatemala, and Honduras in meeting the requirements of paragraphs (3)(A) and (3)(B) and shall, not later
than September 30, 2016, submit to the appropriate
congressional committees a report assessing such progress:
Provided, That if the Secretary determines that sufficient
progress has not been made by a central government, the
Secretary shall suspend, in whole or in part, assistance
for such government for programs supporting such requirement, and shall notify such committees in writing of such
action: Provided further, That the Secretary may resume
funding for such programs only after the Secretary certifies
to such committees that corrective measures have been
taken.
(B) The Secretary of State shall, following a change
of national government in El Salvador, Guatemala, or Honduras, determine and report to the appropriate congressional committees that any new government has committed
to take the steps to meet the requirements of paragraphs
(3)(A) and (3)(B): Provided, That if the Secretary is unable
to make such a determination in a timely manner, assistance made available under this subsection for such central
government shall be suspended, in whole or in part, until
such time as such determination and report can be made.
(5) PROGRAMS AND TRANSFER OF FUNDS.—
(A) Funds appropriated by this Act for the Central
America Regional Security Initiative may be made available, after consultation with, and subject to the regular
notification procedures of, the Committees on Appropriations, to support international commissions against impunity in Honduras and El Salvador, if such commissions
are established.
(B) The Department of State and USAID may, following consultation with the Committees on Appropriations, transfer funds made available by this Act under
the heading ‘‘Development Assistance’’ to the Inter-American Development Bank and the Inter-American Foundation for technical assistance in support of the Strategy.
(b) COLOMBIA.—
(1) ASSISTANCE.—Funds appropriated by this Act and made
available to the Department of State for assistance for the
Government of Colombia may be used to support a unified

H. R. 2029—556
campaign against narcotics trafficking, organizations designated as Foreign Terrorist Organizations, and other criminal
or illegal armed groups, and to take actions to protect human
health and welfare in emergency circumstances, including
undertaking rescue operations: Provided, That the first through
fifth provisos of paragraph (1), and paragraph (3) of section
7045(a) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2012 (division I of Public
Law 112–74) shall continue in effect during fiscal year 2016
and shall apply to funds appropriated by this Act and made
available for assistance for Colombia as if included in this
Act: Provided further, That of the funds appropriated by this
Act under the heading ‘‘Economic Support Fund’’, not less than
$133,000,000 shall be made available for assistance for
Colombia, of which not less than $126,000,000 shall be apportioned directly to the United States Agency for International
Development, and $7,000,000 shall be transferred to, and
merged with, funds appropriated by this Act under the heading
‘‘Migration and Refugee Assistance’’ for assistance for Colombian refugees in neighboring countries.
(2)(A) Of the funds appropriated by this Act under the
heading ‘‘Foreign Military Financing Program’’ for assistance
for Colombia, 19 percent may be obligated only in accordance
with the conditions under section 7045 in the explanatory statement described in section 4 (in the matter preceding division
A of this Consolidated Act).
(B) The limitations of this paragraph shall not apply to
funds made available under such heading for aviation instruction and maintenance, and maritime security programs.
(3) NOTIFICATION.—Funds appropriated by this Act that
are made available for assistance for Colombia to support the
implementation of a peace agreement shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(c) HAITI.—
(1) FUNDING.—Of the funds appropriated by this Act, not
more than $191,413,000 may be made available for assistance
for Haiti.
(2) GOVERNANCE CERTIFICATION.—Funds made available in
paragraph (1) may not be made available for assistance for
the central Government of Haiti unless the Secretary of State
certifies and reports to the Committees on Appropriations that
the Government of Haiti is taking effective steps to—
(A) hold free and fair parliamentary elections and seat
a new Haitian Parliament;
(B) strengthen the rule of law in Haiti, including by
selecting judges in a transparent manner; respect the
independence of the judiciary; and improve governance by
implementing reforms to increase transparency and
accountability;
(C) combat corruption, including by implementing the
anti-corruption law enacted in 2014 and prosecuting corrupt officials; and
(D) increase government revenues, including by implementing tax reforms, and increase expenditures on public
services.

H. R. 2029—557
(3) HAITIAN COAST GUARD.—The Government of Haiti shall
be eligible to purchase defense articles and services under
the Arms Export Control Act (22 U.S.C. 2751 et seq.) for the
Coast Guard.
(d) AIRCRAFT OPERATIONS AND MAINTENANCE.—To the maximum extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act should be borne by
the recipient country.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

SEC. 7046. None of the funds appropriated or made available
pursuant to titles III through VI of this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in whole
or in part any assessments, arrearages, or dues of any member
of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961, the costs for participation of another country’s delegation
at international conferences held under the auspices of multilateral
or international organizations.
WAR CRIMES TRIBUNALS

SEC. 7047. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may
direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services
for the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Security
Council or such other tribunals or commissions as the Council
may establish or authorize to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section shall
be in lieu of any determinations otherwise required under section
552(c): Provided further, That funds made available pursuant to
this section shall be made available subject to the regular notification procedures of the Committees on Appropriations.
UNITED NATIONS

SEC. 7048. (a) TRANSPARENCY AND ACCOUNTABILITY.—
(1) Of the funds appropriated under title I and under
the heading ‘‘International Organizations and Programs’’ in
title V of this Act that are available for contributions to the
United Nations (including the Department of Peacekeeping
Operations), any United Nations agency, or the Organization
of American States, 15 percent may not be obligated for such
organization, department, or agency until the Secretary of State
reports to the Committees on Appropriations that the organization, department, or agency is—
(A) posting on a publicly available Web site, consistent
with privacy regulations and due process, regular financial
and programmatic audits of such organization, department,
or agency, and providing the United States Government
with necessary access to such financial and performance
audits; and

H. R. 2029—558
(B) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection
of whistleblowers from retaliation, including best practices
for—
(i) protection against retaliation for internal and
lawful public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting retaliation;
(iv) access to independent adjudicative bodies,
including external arbitration; and
(v) results that eliminate the effects of proven
retaliation.
(2) The restrictions imposed by or pursuant to paragraph
(1) may be waived on a case-by-case basis if the Secretary
of State determines and reports to the Committees on Appropriations that such waiver is necessary to avert or respond
to a humanitarian crisis.
(b) RESTRICTIONS ON UNITED NATIONS DELEGATIONS AND
ORGANIZATIONS.—
(1) None of the funds made available under title I of this
Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the
United Nations if such agency, body, or commission is chaired
or presided over by a country, the government of which the
Secretary of State has determined, for purposes of section 6(j)(1)
of the Export Administration Act of 1979 as continued in effect
pursuant to the International Emergency Economic Powers Act
(50 U.S.C. App. 2405(j)(1)), supports international terrorism.
(2) None of the funds made available under title I of this
Act may be used by the Secretary of State as a contribution
to any organization, agency, commission, or program within
the United Nations system if such organization, agency,
commission, or program is chaired or presided over by a country
the government of which the Secretary of State has determined,
for purposes of section 620A of the Foreign Assistance Act
of 1961, section 40 of the Arms Export Control Act, section
6(j)(1) of the Export Administration Act of 1979, or any other
provision of law, is a government that has repeatedly provided
support for acts of international terrorism.
(3) The Secretary of State may waive the restriction in
this subsection if the Secretary reports to the Committees on
Appropriations that to do so is in the national interest of
the United States.
(c) UNITED NATIONS HUMAN RIGHTS COUNCIL.—None of the
funds appropriated by this Act may be made available in support
of the United Nations Human Rights Council unless the Secretary
of State determines and reports to the Committees on Appropriations that participation in the Council is important to the national
interest of the United States and that the Council is taking steps
to remove Israel as a permanent agenda item: Provided, That
such report shall include a description of the national interest
served and the steps taken to remove Israel as a permanent agenda
item: Provided further, That the Secretary of State shall report
to the Committees on Appropriations not later than September
30, 2016, on the resolutions considered in the United Nations
Human Rights Council during the previous 12 months, and on
steps taken to remove Israel as a permanent agenda item.

H. R. 2029—559
(d) UNITED NATIONS RELIEF AND WORKS AGENCY.—Not later
than 45 days after enactment of this Act, the Secretary of State
shall submit a report in writing to the Committees on Appropriations on whether the United Nations Relief and Works Agency
(UNRWA) is—
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on neutrality
and impartiality of employees) and the legal requirements
under section 301(c) of the Foreign Assistance Act of 1961;
(3) implementing procedures to maintain the neutrality
of its facilities, including implementing a no-weapons policy,
and conducting regular inspections of its installations, to ensure
they are only used for humanitarian or other appropriate purposes;
(4) taking necessary and appropriate measures to ensure
it is operating in compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961 and continuing
regular reporting to the Department of State on actions it
has taken to ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools
and summer camps is consistent with the values of human
rights, dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is taking steps to improve the financial transparency of
the organization; and
(7) in compliance with the United Nations Board of Auditors’ biennial audit requirements and is implementing in a
timely fashion the Board’s recommendations.
(e) UNITED NATIONS CAPITAL MASTER PLAN.—None of the funds
made available in this Act may be used for the design, renovation,
or construction of the United Nations Headquarters in New York.
(f) WITHHOLDING REPORT.—Not later than 45 days after enactment of this Act, the Secretary of State shall submit a report
to the Committees on Appropriations detailing the amount of funds
available for obligation or expenditure in fiscal year 2016 for contributions to any organization, department, agency, or program
within the United Nations system or any international program
that are withheld from obligation or expenditure due to any provision of law: Provided, That the Secretary of State shall update
such report each time additional funds are withheld by operation
of any provision of law: Provided further, That the reprogramming
of any withheld funds identified in such report, including updates
thereof, shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
COMMUNITY-BASED POLICE ASSISTANCE

SEC. 7049. (a) AUTHORITY.—Funds made available by titles
III and IV of this Act to carry out the provisions of chapter 1
of part I and chapters 4 and 6 of part II of the Foreign Assistance
Act of 1961, may be used, notwithstanding section 660 of that
Act, to enhance the effectiveness and accountability of civilian police

H. R. 2029—560
authority through training and technical assistance in human
rights, the rule of law, anti-corruption, strategic planning, and
through assistance to foster civilian police roles that support democratic governance, including assistance for programs to prevent
conflict, respond to disasters, address gender-based violence, and
foster improved police relations with the communities they serve.
(b) NOTIFICATION.—Assistance provided under subsection (a)
shall be subject to the regular notification procedures of the
Committees on Appropriations.
PROHIBITION ON PROMOTION OF TOBACCO

SEC. 7050. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country
of restrictions on the marketing of tobacco or tobacco products,
except for restrictions which are not applied equally to all tobacco
or tobacco products of the same type.
INTERNATIONAL CONFERENCES

SEC. 7051. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees of agencies or departments of the United States
Government who are stationed in the United States, at any single
international conference occurring outside the United States, unless
the Secretary of State reports to the Committees on Appropriations
at least 5 days in advance that such attendance is important
to the national interest: Provided, That for purposes of this section
the term ‘‘international conference’’ shall mean a conference
attended by representatives of the United States Government and
of foreign governments, international organizations, or nongovernmental organizations.
AIRCRAFT TRANSFER AND COORDINATION

SEC. 7052. (a) TRANSFER AUTHORITY.—Notwithstanding any
other provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related programs under the headings ‘‘Diplomatic and Consular Programs’’,
‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean
Counterdrug Initiative’’, and ‘‘Andean Counterdrug Programs’’ may
be used for any other program and in any region, including for
the transportation of active and standby Civilian Response Corps
personnel and equipment during a deployment: Provided, That the
responsibility for policy decisions and justification for the use of
such transfer authority shall be the responsibility of the Secretary
of State and the Deputy Secretary of State and this responsibility
shall not be delegated.
(b) PROPERTY DISPOSAL.—The authority provided in subsection
(a) shall apply only after the Secretary of State determines and
reports to the Committees on Appropriations that the equipment
is no longer required to meet programmatic purposes in the designated country or region: Provided, That any such transfer shall
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(c) AIRCRAFT COORDINATION.—

H. R. 2029—561
(1) The uses of aircraft purchased or leased by the Department of State and the United States Agency for International
Development (USAID) with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be coordinated under the authority of the appropriate Chief of Mission:
Provided, That such aircraft may be used to transport, on
a reimbursable or non-reimbursable basis, Federal and nonFederal personnel supporting Department of State and USAID
programs and activities: Provided further, That official travel
for other agencies for other purposes may be supported on
a reimbursable basis, or without reimbursement when traveling
on a space available basis: Provided further, That funds received
by the Department of State for the use of aircraft owned,
leased, or chartered by the Department of State may be credited
to the Working Capital Fund of the Department and shall
be available for expenses related to the purchase, lease, maintenance, chartering, or operation of such aircraft.
(2) The requirement and authorities of this subsection shall
only apply to aircraft, the primary purpose of which is the
transportation of personnel.
PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN
GOVERNMENTS

SEC. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2011 (division F of Public Law 111–117) shall
apply to this Act: Provided, That the date ‘‘September 30, 2009’’
in subsection (f)(2)(B) of such section shall be deemed to be ‘‘September 30, 2015’’.
LANDMINES AND CLUSTER MUNITIONS

SEC. 7054. (a) LANDMINES.—Notwithstanding any other provision of law, demining equipment available to the United States
Agency for International Development and the Department of State
and used in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a grant
basis in foreign countries, subject to such terms and conditions
as the Secretary of State may prescribe.
(b) CLUSTER MUNITIONS.—No military assistance shall be furnished for cluster munitions, no defense export license for cluster
munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless—
(1) the submunitions of the cluster munitions, after arming,
do not result in more than 1 percent unexploded ordnance
across the range of intended operational environments, and
the agreement applicable to the assistance, transfer, or sale
of such cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly
defined military targets and will not be used where civilians
are known to be present or in areas normally inhabited by
civilians; or
(2) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.

H. R. 2029—562
PROHIBITION ON PUBLICITY OR PROPAGANDA

SEC. 7055. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the enactment
of this Act by Congress: Provided, That not to exceed $25,000
may be made available to carry out the provisions of section 316
of the International Security and Development Cooperation Act
of 1980 (Public Law 96–533).
CONSULAR IMMUNITY

SEC. 7056. The Secretary of State, with the concurrence of
the Attorney General, may, on the basis of reciprocity and under
such terms and conditions as the Secretary may determine, specify
privileges and immunities for a consular post, the members of
a consular post and their families which result in more favorable
or less favorable treatment than is provided in the Vienna Convention on Consular Relations, of April 24, 1963 (T.I.A.S. 6820), entered
into force for the United States December 24, 1969: Provided, That
prior to exercising the authority of this section, the Secretary shall
consult with the appropriate congressional committees on the circumstances that may warrant the need for privileges and immunities providing more favorable or less favorable treatment specified
under such Convention.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
MANAGEMENT

SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of the funds
made available in title III of this Act pursuant to or to carry
out the provisions of part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ‘‘Assistance for
Europe, Eurasia and Central Asia’’, may be used by the United
States Agency for International Development (USAID) to hire and
employ individuals in the United States and overseas on a limited
appointment basis pursuant to the authority of sections 308 and
309 of the Foreign Service Act of 1980.
(b) RESTRICTIONS.—
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in subsection
(a) shall expire on September 30, 2017.
(c) CONDITIONS.—The authority of subsection (a) should only
be used to the extent that an equivalent number of positions that
are filled by personal services contractors or other non-direct hire
employees of USAID, who are compensated with funds appropriated
to carry out part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’, are eliminated.
(d) PROGRAM ACCOUNT CHARGED.—The account charged for
the cost of an individual hired and employed under the authority
of this section shall be the account to which the responsibilities
of such individual primarily relate: Provided, That funds made
available to carry out this section may be transferred to, and
merged with, funds appropriated by this Act in title II under
the heading ‘‘Operating Expenses’’.

H. R. 2029—563
(e) FOREIGN SERVICE LIMITED EXTENSIONS.—Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs, pursuant to the authority
of section 309 of the Foreign Service Act of 1980, may be extended
for a period of up to 4 years notwithstanding the limitation set
forth in such section.
(f) DISASTER SURGE CAPACITY.—Funds appropriated under title
III of this Act to carry out part I of the Foreign Assistance Act
of 1961, including funds appropriated under the heading ‘‘Assistance
for Europe, Eurasia and Central Asia’’, may be used, in addition
to funds otherwise available for such purposes, for the cost
(including the support costs) of individuals detailed to or employed
by USAID whose primary responsibility is to carry out programs
in response to natural disasters, or man-made disasters subject
to the regular notification procedures of the Committees on Appropriations.
(g) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part II,
and section 667 of the Foreign Assistance Act of 1961, and title
II of the Food for Peace Act (Public Law 83–480), may be used
by USAID to employ up to 40 personal services contractors in
the United States, notwithstanding any other provision of law,
for the purpose of providing direct, interim support for new or
expanded overseas programs and activities managed by the agency
until permanent direct hire personnel are hired and trained: Provided, That not more than 15 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds appropriated to carry out title II of the Food for Peace Act (Public
Law 83–480), may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(h) SMALL BUSINESS.—In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, USAID
may provide an exception to the fair opportunity process for placing
task orders under such contracts when the order is placed with
any category of small or small disadvantaged business.
(i) SENIOR FOREIGN SERVICE LIMITED APPOINTMENTS.—Individuals hired pursuant to the authority provided by section 7059(o)
of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2011 (division F of Public Law 111–
117) may be assigned to or support programs in Afghanistan or
Pakistan with funds made available in this Act and prior Acts
making appropriations for the Department of State, foreign operations, and related programs.
GLOBAL HEALTH ACTIVITIES

SEC. 7058. (a) IN GENERAL.—Funds appropriated by titles III
and IV of this Act that are made available for bilateral assistance
for child survival activities or disease programs including activities
relating to research on, and the prevention, treatment and control
of, HIV/AIDS may be made available notwithstanding any other
provision of law except for provisions under the heading ‘‘Global
Health Programs’’ and the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
U.S.C. 7601 et seq.), as amended: Provided, That of the funds
appropriated under title III of this Act, not less than $575,000,000

H. R. 2029—564
should be made available for family planning/reproductive health,
including in areas where population growth threatens biodiversity
or endangered species.
(b) GLOBAL FUND.—Of the funds appropriated by this Act that
are available for a contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund), 10 percent should be withheld from obligation until the Secretary of State determines and
reports to the Committees on Appropriations that the Global Fund
is—
(1) maintaining and implementing a policy of transparency,
including the authority of the Global Fund Office of the
Inspector General (OIG) to publish OIG reports on a public
Web site;
(2) providing sufficient resources to maintain an independent OIG that—
(A) reports directly to the Board of the Global Fund;
(B) maintains a mandate to conduct thorough investigations and programmatic audits, free from undue interference; and
(C) compiles regular, publicly published audits and
investigations of financial, programmatic, and reporting
aspects of the Global Fund, its grantees, recipients, subrecipients, and Local Fund Agents;
(3) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices for—
(A) protection against retaliation for internal and lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to independent adjudicative bodies, including
external arbitration; and
(E) results that eliminate the effects of proven retaliation; and
(4) implementing the recommendations contained in the
Consolidated Transformation Plan approved by the Board of
the Global Fund on November 21, 2011:
Provided, That such withholding shall not be in addition to funds
that are withheld from the Global Fund in fiscal year 2016 pursuant
to the application of any other provision contained in this or any
other Act.
(c) CONTAGIOUS INFECTIOUS DISEASE OUTBREAKS.—If the Secretary of State determines and reports to the Committees on Appropriations that an international infectious disease outbreak is sustained, severe, and is spreading internationally, or that it is in
the national interest to respond to a Public Health Emergency
of International Concern, funds made available under title III of
this Act may be made available to combat such infectious disease
or public health emergency: Provided, That funds made available
pursuant to the authority of this subsection shall be subject to
prior consultation with, and the regular notification procedures
of, the Committees on Appropriations.
GENDER EQUALITY

SEC. 7059. (a) GENDER EQUALITY.—Funds appropriated by this
Act shall be made available to promote gender equality in United

H. R. 2029—565
States Government diplomatic and development efforts by raising
the status, increasing the participation, and protecting the rights
of women and girls worldwide.
(b) WOMEN’S LEADERSHIP.—Of the funds appropriated by title
III of this Act, not less than $50,000,000 shall be made available
to increase leadership opportunities for women in countries where
women and girls suffer discrimination due to law, policy, or practice,
by strengthening protections for women’s political status, expanding
women’s participation in political parties and elections, and
increasing women’s opportunities for leadership positions in the
public and private sectors at the local, provincial, and national
levels.
(c) GENDER-BASED VIOLENCE.—
(1)(A) Of the funds appropriated by titles III and IV of
this Act, not less than $150,000,000 shall be made available
to implement a multi-year strategy to prevent and respond
to gender-based violence in countries where it is common in
conflict and non-conflict settings.
(B) Funds appropriated by titles III and IV of this Act
that are available to train foreign police, judicial, and military
personnel, including for international peacekeeping operations,
shall address, where appropriate, prevention and response to
gender-based violence and trafficking in persons, and shall
promote the integration of women into the police and other
security forces.
(2) Department of State and United States Agency for
International Development gender programs shall incorporate
coordinated efforts to combat a variety of forms of genderbased violence, including child marriage, rape, female genital
cutting and mutilation, and domestic violence, among other
forms of gender-based violence in conflict and non-conflict settings.
(d) WOMEN, PEACE, AND SECURITY.—Funds appropriated by
this Act under the headings ‘‘Development Assistance’’, ‘‘Economic
Support Fund’’, and ‘‘International Narcotics Control and Law
Enforcement’’ should be made available to support a multi-year
strategy to expand, and improve coordination of, United States
Government efforts to empower women as equal partners in conflict
prevention, peace building, transitional processes, and reconstruction efforts in countries affected by conflict or in political transition,
and to ensure the equitable provision of relief and recovery assistance to women and girls.
SECTOR ALLOCATIONS

SEC. 7060. (a) BASIC EDUCATION AND HIGHER EDUCATION.—
(1) BASIC EDUCATION.—
(A) Of the funds appropriated under title III of this
Act, not less than $800,000,000 should be made available
for assistance for basic education, and such funds may
be made available notwithstanding any provision of law
that restricts assistance to foreign countries, except for
the conditions provided in this subsection: Provided, That
such funds should only be used to implement the stated
objectives of basic education programs for each Country
Development Cooperation Strategy or similar strategy

H. R. 2029—566
regarding basic education established by the United States
Agency for International Development (USAID).
(B) Not later than 30 days after enactment of this
Act, the USAID Administrator shall report to the Committees on Appropriations on the status of cumulative unobligated balances and obligated, but unexpended, balances
in each country where USAID provides basic education
assistance and such report shall also include details on
the types of contracts and grants provided and the goals
and objectives of such assistance: Provided, That the
USAID Administrator shall update such report on a
monthly basis during fiscal year 2016: Provided further,
That if the USAID Administrator determines that any
unobligated balances of funds specifically designated for
assistance for basic education in prior Acts making appropriations for the Department of State, foreign operations,
and related programs are in excess of the absorptive
capacity of recipient countries, such funds may be made
available for other programs authorized under chapter 1
of part I of the Foreign Assistance Act of 1961, notwithstanding such funding designation: Provided further, That
the authority of the previous proviso shall be subject to
prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
(C) Of the funds appropriated under title III of this
Act for assistance for basic education programs, not less
than $70,000,000 shall be made available for a contribution
to multilateral partnerships that support education.
(2) HIGHER EDUCATION.—Of the funds appropriated by title
III of this Act, not less than $225,000,000 shall be made available for assistance for higher education, including not less
than $35,000,000 for new partnerships between higher education institutions in the United States and developing countries: Provided, That such funds may be made available notwithstanding any other provision of law that restricts assistance
to foreign countries, and shall be subject to the regular notification procedures of the Committees on Appropriations.
(b) DEVELOPMENT PROGRAMS.—Of the funds appropriated by
this Act under the heading ‘‘Development Assistance’’, not less
than $26,000,000 shall be made available for the American Schools
and Hospitals Abroad program, and not less than $11,000,000 shall
be made available for cooperative development programs of USAID.
(c) ENVIRONMENT PROGRAMS.—
(1) AUTHORITY.—Funds appropriated by this Act to carry
out the provisions of sections 103 through 106, and chapter
4 of part II, of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law except for
the provisions of this subsection and only subject to the
reporting procedures of the Committees on Appropriations, to
support environment programs.
(2) CONSERVATION PROGRAMS AND LIMITATIONS.—
(A) Of the funds appropriated under title III of this
Act, not less than $265,000,000 shall be made available
for biodiversity conservation programs.
(B) Not less than $80,000,000 of the funds appropriated
under titles III and IV of this Act shall be made available

H. R. 2029—567
to combat the transnational threat of wildlife poaching
and trafficking.
(C) None of the funds appropriated under title IV of
this Act may be made available for training or other assistance for any military unit or personnel that the Secretary
of State determines has been credibly alleged to have
participated in wildlife poaching or trafficking, unless the
Secretary reports to the Committees on Appropriations that
to do so is in the national security interests of the United
States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale extractive activity into areas that were primary/intact tropical
forests as of December 30, 2013, and the Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institutions (IFI)
to vote against any financing of any such activity.
(3) LARGE DAMS.—The Secretary of the Treasury shall
instruct the United States executive director of each IFI that
it is the policy of the United States to vote in relation to
any loan, grant, strategy, or policy of such institution to support
the construction of any large dam consistent with the criteria
set forth in Senate Report 114–79, while also considering
whether the project involves important foreign policy objectives.
(4) SUSTAINABLE LANDSCAPES.—Of the funds appropriated
under title III of this Act, not less than $123,500,000 shall
be made available for sustainable landscape programs.
(5) TRANSFER OF FUNDS.—Of the funds appropriated by
this Act under the heading ‘‘Economic Support Fund’’,
$9,720,000 shall be transferred to, and merged with, funds
appropriated under the heading ‘‘Contribution to the Strategic
Climate Fund’’, and such transfer shall occur not later than
120 days after the date of enactment of this Act.
(d) FOOD SECURITY AND AGRICULTURAL DEVELOPMENT.—
(1) Of the funds appropriated by title III of this Act, not
less than $1,000,600,000 should be made available for food
security and agricultural development programs, of which not
less than $50,000,000 shall be made available for the Feed
the Future Innovation Labs: Provided, That such funds may
be made available notwithstanding any other provision of law
to prevent or address food shortages, and for a United States
contribution to the endowment of the Global Crop Diversity
Trust.
(2) Funds appropriated under title III of this Act may
be made available as a contribution to the Global Agriculture
and Food Security Program if such contribution will not cause
the United States to exceed 33 percent of the total amount
of funds contributed to such Program.
(e) MICROENTERPRISE AND MICROFINANCE.—Of the funds appropriated by this Act, not less than $265,000,000 should be made
available for microenterprise and microfinance development programs for the poor, especially women.
(f) PROGRAMS TO COMBAT TRAFFICKING IN PERSONS AND
MODERN SLAVERY.—
(1) TRAFFICKING IN PERSONS.—

H. R. 2029—568
(A) Of the funds appropriated by this Act under the
headings ‘‘Development Assistance’’, ‘‘Economic Support
Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’,
and ‘‘International Narcotics Control and Law Enforcement’’, not less than $60,000,000 shall be made available
for activities to combat trafficking in persons internationally.
(B) Funds made available in the previous paragraph
shall be made available to support a multifaceted approach
to combat human trafficking in Guatemala: Provided, That
the Secretary of State shall consult with the Committees
on Appropriations, not later than 30 days after enactment
of this Act, on the use of such funds.
(2) MODERN SLAVERY.—Of the funds appropriated by this
Act under the headings ‘‘Development Assistance’’ and ‘‘International Narcotics Control and Law Enforcement’’, in addition
to funds made available pursuant to paragraph (1), $25,000,000
shall be made available for a grant or grants, to be awarded
on an open and competitive basis, to reduce the prevalence
of modern slavery globally: Provided, That such funds shall
only be made available in fiscal year 2016 to carry out the
End Modern Slavery Initiative Act of 2015 (S. 553, 114th Congress), as reported to the Senate, if such bill is enacted into
law: Provided further, That if such bill is not enacted into
law in fiscal year 2016, funds made available pursuant to
this subsection shall be made available for other programs
to combat trafficking in persons and modern slavery, following
consultation with the appropriate congressional committees.
(g) RECONCILIATION PROGRAMS.—Of the funds appropriated by
this Act under the headings ‘‘Economic Support Fund’’ and
‘‘Development Assistance’’, not less than $26,000,000 shall be made
available to support people-to-people reconciliation programs which
bring together individuals of different ethnic, religious, and political
backgrounds from areas of civil strife and war: Provided, That
the USAID Administrator shall consult with the Committees on
Appropriations, prior to the initial obligation of funds, on the uses
of such funds, and such funds shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided further, That to the maximum extent practicable, such funds
shall be matched by sources other than the United States Government.
(h) WATER AND SANITATION.—Of the funds appropriated by
this Act, not less than $400,000,000 shall be made available for
water supply and sanitation projects pursuant to the Senator Paul
Simon Water for the Poor Act of 2005 (Public Law 109–121), of
which not less than $145,000,000 shall be for programs in subSaharan Africa, and of which not less than $14,000,000 shall be
made available for programs to design and build safe, public latrines
in Africa and Asia.
OVERSEAS PRIVATE INVESTMENT CORPORATION

SEC. 7061. (a) TRANSFER.—Whenever the President determines
that it is in furtherance of the purposes of the Foreign Assistance
Act of 1961, up to a total of $20,000,000 of the funds appropriated
under title III of this Act may be transferred to, and merged

H. R. 2029—569
with, funds appropriated by this Act for the Overseas Private Investment Corporation Program Account, to be subject to the terms
and conditions of that account: Provided, That such funds shall
not be available for administrative expenses of the Overseas Private
Investment Corporation: Provided further, That designated funding
levels in this Act shall not be transferred pursuant to this section:
Provided further, That the exercise of such authority shall be subject
to the regular notification procedures of the Committees on Appropriations.
(b) AUTHORITY.—Notwithstanding section 235(a)(2) of the Foreign Assistance Act of 1961, the authority of subsections (a) through
(c) of section 234 of such Act shall remain in effect until September
30, 2016.
ARMS TRADE TREATY

SEC. 7062. None of the funds appropriated by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
COUNTRIES IMPACTED BY SIGNIFICANT REFUGEE POPULATIONS OR
INTERNALLY DISPLACED PERSONS

SEC. 7063. Funds appropriated by this Act under the headings
‘‘Development Assistance’’ and ‘‘Economic Support Fund’’ shall be
made available for programs in countries affected by significant
populations of internally displaced persons or refugees to—
(1) expand and improve host government social services
and basic infrastructure to accommodate the needs of such
populations and persons;
(2) alleviate the social and economic strains placed on
host communities;
(3) improve coordination of such assistance in a more effective and sustainable manner; and
(4) leverage increased assistance from donors other than
the United States Government for central governments and
local communities in such countries.
REPORTING REQUIREMENTS CONCERNING INDIVIDUALS DETAINED AT
´ NAMO BAY, CUBA
NAVAL STATION, GUANTA

SEC. 7064. Not later than 5 days after the conclusion of an
agreement with a country, including a state with a compact of
free association with the United States, to receive by transfer or
release individuals detained at United States Naval Station,
Guanta´namo Bay, Cuba, the Secretary of State shall notify the
Committees on Appropriations in writing of the terms of the agreement, including whether funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs will be made available for assistance for such country pursuant to such agreement.
MULTI-YEAR PLEDGES

SEC. 7065. None of the funds appropriated by this Act may
be used to make any pledge for future year funding for any multilateral or bilateral program funded in titles III through VI of this
Act unless such pledge was—

H. R. 2029—570
(1) previously justified, including the projected future year
costs, in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs
or previously authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
(4) the subject of prior consultation with the Committees
on Appropriations and such consultation was conducted at least
7 days in advance of the pledge.
PROHIBITION ON USE OF TORTURE

SEC. 7066. (a) LIMITATION.—None of the funds made available
in this Act may be used to support or justify the use of torture,
cruel, or inhumane treatment by any official or contract employee
of the United States Government.
(b) ASSISTANCE TO ELIMINATE TORTURE.—Funds appropriated
under titles III and IV of this Act shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961 and
following consultation with the Committees on Appropriations, for
assistance to eliminate torture by foreign police, military or other
security forces in countries receiving assistance from funds appropriated by this Act.
EXTRADITION

SEC. 7067. (a) LIMITATION.—None of the funds appropriated
in this Act may be used to provide assistance (other than funds
provided under the headings ‘‘International Disaster Assistance’’,
‘‘Complex Crises Fund’’, ‘‘International Narcotics Control and Law
Enforcement’’, ‘‘Migration and Refugee Assistance’’, ‘‘United States
Emergency Refugee and Migration Assistance Fund’’, and ‘‘Nonproliferation, Anti-terrorism, Demining and Related Assistance’’)
for the central government of a country which has notified the
Department of State of its refusal to extradite to the United States
any individual indicted for a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole
or for killing a law enforcement officer, as specified in a United
States extradition request.
(b) CLARIFICATION.—Subsection (a) shall only apply to the central government of a country with which the United States maintains diplomatic relations and with which the United States has
an extradition treaty and the government of that country is in
violation of the terms and conditions of the treaty.
(c) WAIVER.—The Secretary of State may waive the restriction
in subsection (a) on a case-by-case basis if the Secretary certifies
to the Committees on Appropriations that such waiver is important
to the national interests of the United States.
COMMERCIAL LEASING OF DEFENSE ARTICLES

SEC. 7068. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the Committees
on Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt,
and the North Atlantic Treaty Organization (NATO), and major

H. R. 2029—571
non-NATO allies for the procurement by leasing (including leasing
with an option to purchase) of defense articles from United States
commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having possible
civilian application), if the President determines that there are
compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than
by government-to-government sale under such Act.
INDEPENDENT STATES OF THE FORMER SOVIET UNION

SEC. 7069. (a) ASSISTANCE FOR UKRAINE.—Of the funds appropriated by this Act under titles III through VI, not less than
$658,185,000 shall be made available for assistance for Ukraine.
(b) LIMITATION.—None of the funds appropriated by this Act
may be made available for assistance for a government of an Independent State of the former Soviet Union if that government directs
any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Provided, That except as otherwise provided in section 7070(a) of
this Act, funds may be made available without regard to the restriction in this subsection if the President determines that to do so
is in the national security interest of the United States: Provided
further, That prior to executing the authority contained in this
subsection the Department of State shall consult with the Committees on Appropriations on how such assistance supports the national
security interest of the United States.
(c) SECTION 907 OF THE FREEDOM SUPPORT ACT.—Section 907
of the FREEDOM Support Act shall not apply to—
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of
the Defense Against Weapons of Mass Destruction Act of 1996
(50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within
his or her official capacity;
(4) any insurance, reinsurance, guarantee, or other assistance provided by the Overseas Private Investment Corporation
under title IV of chapter 2 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank
Act of 1945; or
(6) humanitarian assistance.
RUSSIA

SEC. 7070. (a) LIMITATION.—None of the funds appropriated
by this Act may be made available for assistance for the central
Government of the Russian Federation.
(b) DETERMINATION AND CONDITIONS.—
(1) None of the funds appropriated by this Act may be
made available for assistance for the central government of
a country that the Secretary of State determines and reports
to the Committees on Appropriations has taken affirmative

H. R. 2029—572
steps intended to support or be supportive of the Russian
Federation annexation of Crimea: Provided, That except as
otherwise provided in subsection (a), the Secretary may waive
the restriction on assistance required by this paragraph if the
Secretary certifies to such Committees that to do so is in
the national interest of the United States, and includes a justification for such interest.
(2) None of the funds appropriated by this Act may be
made available for—
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea, if such activity
includes the participation of Russian Government officials,
or other Russian owned or controlled financial entities;
or
(C) assistance for Crimea, if such assistance includes
the participation of Russian Government officials, or other
Russian owned or controlled financial entities.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial institution to vote against any assistance by such institution (including
but not limited to any loan, credit, or guarantee) for any program that violates the sovereignty or territorial integrity of
Ukraine.
(4) The requirements and limitations of this subsection
shall cease to be in effect if the Secretary of State certifies
and reports to the Committees on Appropriations that the
Government of Ukraine has reestablished sovereignty over
Crimea.
(c) ASSISTANCE TO REDUCE VULNERABILITY AND PRESSURE.—
Funds appropriated by this Act for assistance for the Eastern Partnership countries shall be made available to advance the
implementation of Association Agreements and trade agreements
with the European Union, and to reduce their vulnerability to
external economic and political pressure from the Russian Federation.
(d) DEMOCRACY PROGRAMS.—Funds appropriated by this Act
shall be made available to support the advancement of democracy
and the rule of law in the Russian Federation, including to promote
Internet freedom, and shall also be made available to support
the democracy and rule of law strategy required by section 7071(d)
of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–
76).
(e) REPORTS.—Not later than 45 days after enactment of this
Act, the Secretary of State shall update the reports required by
section 7071(b)(2), (c), and (e) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76).
INTERNATIONAL MONETARY FUND

SEC. 7071. (a) EXTENSIONS.—The terms and conditions of sections 7086(b) (1) and (2) and 7090(a) of the Department of State,

H. R. 2029—573
Foreign Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111–117) shall apply to this Act.
(b) REPAYMENT.—The Secretary of the Treasury shall instruct
the United States Executive Director of the International Monetary
Fund (IMF) to seek to ensure that any loan will be repaid to
the IMF before other private creditors.
SPECIAL DEFENSE ACQUISITION FUND

SEC. 7072. Not to exceed $900,000,000 may be obligated pursuant to section 51(c)(2) of the Arms Export Control Act for the
purposes of the Special Defense Acquisition Fund (Fund), to remain
available for obligation until September 30, 2018: Provided, That
the provision of defense articles and defense services to foreign
countries or international organizations from the Fund shall be
subject to the concurrence of the Secretary of State.
COUNTERING FOREIGN FIGHTERS AND VIOLENT EXTREMIST
ORGANIZATIONS

SEC. 7073. (a) COUNTERING FOREIGN FIGHTERS AND VIOLENT
EXTREMIST ORGANIZATIONS.—Funds appropriated under titles III
and IV of this Act shall be made available for programs to—
(1) counter the flow of foreign fighters to countries in
which violent extremists or violent extremist organizations
operate, including those entities designated as foreign terrorist
organizations (FTOs) pursuant to section 219 of the Immigration and Nationality Act (Public Law 82–814), including
through programs with partner governments and multilateral
organizations to—
(A) counter recruitment campaigns by such entities;
(B) detect and disrupt foreign fighter travel, particularly at points of origin;
(C) implement antiterrorism programs;
(D) secure borders, including points of infiltration and
exfiltration by such entities;
(E) implement and establish criminal laws and policies
to counter foreign fighters; and
(F) arrest, investigate, prosecute, and incarcerate terrorist suspects, facilitators, and financiers; and
(2) reduce public support for violent extremists or violent
extremist organizations, including FTOs, by addressing the specific drivers of radicalization, including through such activities
as—
(A) public messaging campaigns to damage their
appeal;
(B) programs to engage communities and populations
at risk of violent extremist radicalization and recruitment;
(C) counter-radicalization and de-radicalization activities for potential and former violent extremists and
returning foreign fighters, including in prisons;
(D) law enforcement training programs; and
(E) capacity building for civil society organizations to
combat radicalization in local communities.
(b) STRENGTHENING THE STATE SYSTEM.—
(1) Funds appropriated under titles III and IV of this
Act shall be made available for programs to strengthen the
state system and counter violent extremists and violent

H. R. 2029—574
extremist organizations, including FTOs, by supporting security
and governance programs in countries whose stability and legitimacy are directly threatened by violence against state institutions by such entities, including at the national and local levels,
and in fragile states bordering such countries.
(2) Programs funded pursuant to paragraph (1) shall
prioritize activities to improve governance, including by—
(A) promoting civil society;
(B) strengthening the rule of law;
(C) professionalizing security services;
(D) increasing transparency and accountability;
(E) combating corruption; and
(F) protecting human rights.
(c) REQUIREMENTS.—
(1) The Secretary of State shall ensure that the programs
described in subsection (a) are coordinated with and complement the efforts of other United States Government agencies
and international partners, and that such programs are consistent with all applicable laws, regulations, and policies
regarding the use of foreign assistance funds: Provided, That
the Secretary shall also ensure that information gained through
the conduct of programs described in subsection (a)(1) is shared
in a timely manner with relevant United States Government
agencies and other international partners, as appropriate.
(2) Prior to the obligation of funds appropriated by this
Act and made available for the purposes of this section, the
Secretary of State shall ensure that mechanisms are in place
for appropriate monitoring, oversight, and control of such assistance: Provided, That the Secretary shall promptly inform the
appropriate congressional committees of each significant
instance in which assistance provided for such purposes has
been compromised, including the amount and type of assistance
affected, a description of the incident and parties involved,
and an explanation of the response of the Department of State.
(3) Funds appropriated by this Act that are made available
for programs described in subsection (a) shall be subject to
the regular notification procedures of the Committees on Appropriations, and are subject to the additional requirements contained under section 7073 in the explanatory statement
described in section 4 (in the matter preceding division A of
this Consolidated Act): Provided, That for the purposes of funds
appropriated by this Act that are made available for countering
violent extremism, as justified to the Committees on Appropriations in the Congressional Budget Justification, Foreign Operations, Fiscal Year 2016, such funds shall only be made available for programs described in subsection (a)(2).
ENTERPRISE FUNDS

SEC. 7074. (a) NOTIFICATION REQUIREMENT.—None of the funds
made available under titles III through VI of this Act may be
made available for Enterprise Funds unless the appropriate congressional committees are notified at least 15 days in advance.
(b) DISTRIBUTION OF ASSETS PLAN.—Prior to the distribution
of any assets resulting from any liquidation, dissolution, or winding
up of an Enterprise Fund, in whole or in part, the President

H. R. 2029—575
shall submit to the appropriate congressional committees a plan
for the distribution of the assets of the Enterprise Fund.
(c) TRANSITION OR OPERATING PLAN.—Prior to a transition to
and operation of any private equity fund or other parallel investment fund under an existing Enterprise Fund, the President shall
submit such transition or operating plan to the appropriate congressional committees.
USE OF FUNDS IN CONTRAVENTION OF THIS ACT

SEC. 7075. If the President makes a determination not to
comply with any provision of this Act on constitutional grounds,
the head of the relevant Federal agency shall notify the Committees
on Appropriations in writing within 5 days of such determination,
the basis for such determination and any resulting changes to
program and policy.
BUDGET DOCUMENTS

SEC. 7076. (a) OPERATING PLANS.—Not later than 45 days after
the date of enactment of this Act, each department, agency, or
organization funded in titles I, II, and VI of this Act, and the
Department of the Treasury and Independent Agencies funded in
title III of this Act, including the Inter-American Foundation and
the United States African Development Foundation, shall submit
to the Committees on Appropriations an operating plan for funds
appropriated to such department, agency, or organization in such
titles of this Act, or funds otherwise available for obligation in
fiscal year 2016, that provides details of the uses of such funds
at the program, project, and activity level: Provided, That such
plans shall include, as applicable, a comparison between the most
recent congressional directives or approved funding levels and the
funding levels proposed by the department or agency; and a clear,
concise, and informative description/justification: Provided further,
That if such department, agency, or organization receives an additional amount under the same heading in title VIII of this Act,
operating plans required by this subsection shall include consolidated information on all such funds: Provided further, That operating plans that include changes in levels of funding for programs,
projects, and activities specified in the congressional budget justification, in this Act, or amounts specifically designated in the
respective tables included in the explanatory statement described
in section 4 (in the matter preceding division A of this Consolidated
Act), as applicable, shall be subject to the notification and reprogramming requirements of section 7015 of this Act.
(b) SPEND PLANS.—
(1) Prior to the initial obligation of funds, the Secretary
of State or Administrator of the United States Agency for
International Development (USAID), as appropriate, shall
submit to the Committees on Appropriations a detailed spend
plan for funds made available by this Act, for—
(A) assistance for Afghanistan, Lebanon, Pakistan, and
the West Bank and Gaza;
(B) Power Africa and the regional security initiatives
listed under this heading in the explanatory statement
described in section 4 (in the matter preceding division
A of this Consolidated Act): Provided, That the spend plan
for such initiatives shall include the amount of assistance

H. R. 2029—576
planned for each country by account, to the maximum
extent practicable; and
(C) democracy programs and sectors enumerated in
subsections (a), (c)(2), (d)(1), (e), (f), and (h) of section
7060 of this Act.
(2) Not later than 45 days after enactment of this Act,
the Secretary of the Treasury shall submit to the Committees
on Appropriations a detailed spend plan for funds made available by this Act under the heading ‘‘Department of the
Treasury, International Affairs Technical Assistance’’ in title
III.
(c) SPENDING REPORT.—Not later than 45 days after enactment
of this Act, the USAID Administrator shall submit to the Committees on Appropriations a detailed report on spending of funds made
available during fiscal year 2015 under the heading ‘‘Development
Credit Authority’’.
(d) NOTIFICATIONS.—The spend plans referenced in subsection
(b) shall not be considered as meeting the notification requirements
in this Act or under section 634A of the Foreign Assistance Act
of 1961.
(e) CONGRESSIONAL BUDGET JUSTIFICATION.—
(1) The congressional budget justification for Department
of State operations and foreign operations shall be provided
to the Committees on Appropriations concurrent with the date
of submission of the President’s budget for fiscal year 2017:
Provided, That the appendices for such justification shall be
provided to the Committees on Appropriations not later than
10 calendar days thereafter.
(2) The Secretary of State and the USAID Administrator
shall include in the congressional budget justification a detailed
justification for multi-year availability for any funds requested
under the headings ‘‘Diplomatic and Consular Programs’’ and
‘‘Operating Expenses’’.
REPORTS AND RECORDS MANAGEMENT

SEC. 7077. (a) PUBLIC POSTING OF REPORTS.—
(1) REQUIREMENT.—Any agency receiving funds made available by this Act shall, subject to paragraphs (2) and (3), post
on the publicly available Web site of such agency any report
required by this Act to be submitted to the Committees on
Appropriations, upon a determination by the head of such
agency that to do so is in the national interest.
(2) EXCEPTIONS.—Paragraph (1) shall not apply to a report
if—
(A) the public posting of such report would compromise
national security, including the conduct of diplomacy; or
(B) the report contains proprietary, privileged, or sensitive information.
(3) TIMING AND INTENTION.—The head of the agency posting
such report shall, unless otherwise provided for in this Act,
do so only after such report has been made available to the
Committees on Appropriations for not less than 45 days: Provided, That any report required by this Act to be submitted
to the Committees on Appropriations shall include information
from the submitting agency on whether such report will be
publicly posted.

H. R. 2029—577
(b) REQUESTS FOR DOCUMENTS.—None of the funds appropriated or made available pursuant to titles III through VI of
this Act shall be available to a nongovernmental organization,
including any contractor, which fails to provide upon timely request
any document, file, or record necessary to the auditing requirements
of the Department of State and the United States Agency for
International Development (USAID).
(c) RECORDS MANAGEMENT.—
(1) LIMITATION AND DIRECTIVES.—
(A) None of the funds appropriated by this Act under
the headings ‘‘Diplomatic and Consular Programs’’ and
‘‘Capital Investment Fund’’ in title I, and ‘‘Operating
Expenses’’ in title II that are made available to the Department of State and USAID may be made available to support
the use or establishment of email accounts or email servers
created outside the .gov domain or not fitted for automated
records management as part of a Federal government
records management program in contravention of the Presidential and Federal Records Act Amendments of 2014
(Public Law 113–187).
(B) The Secretary of State and USAID Administrator
shall—
(i) update the policies, directives, and oversight
necessary to comply with Federal statutes, regulations,
and presidential executive orders and memoranda concerning the preservation of all records made or received
in the conduct of official business, including record
emails, instant messaging, and other online tools;
(ii) use funds appropriated by this Act under the
headings ‘‘Diplomatic and Consular Programs’’ and
‘‘Capital Investment Fund’’ in title I, and ‘‘Operating
Expenses’’ in title II, as appropriate, to improve Federal records management pursuant to the Federal
Records Act (44 U.S.C. Chapters 21, 29, 31, and 33)
and other applicable Federal records management statutes, regulations, or policies for the Department of
State and USAID;
(iii) direct departing employees that all Federal
records generated by such employees, including senior
officials, belong to the Federal Government; and
(iv) measurably improve the response time for
identifying and retrieving Federal records.
(2) REPORT.—Not later than 30 days after enactment of
this Act, the Secretary of State and USAID Administrator
shall each submit a report to the Committees on Appropriations
and to the National Archives and Records Administration
detailing, as appropriate and where applicable—
(A) the policy of each agency regarding the use or
the establishment of email accounts or email servers created outside the .gov domain or not fitted for automated
records management as part of a Federal government
records management program;
(B) the extent to which each agency is in compliance
with applicable Federal records management statutes,
regulations, and policies; and
(C) the steps required, including steps already taken,
and the associated costs, to—

H. R. 2029—578
(i) comply with paragraph (1)(B) of this subsection;
(ii) ensure that all employees at every level have
been instructed in procedures and processes to ensure
that the documentation of their official duties is captured, preserved, managed, protected, and accessible
in official Government systems of the Department of
State and USAID;
(iii) implement the recommendations of the Office
of Inspector General, United States Department of
State (OIG), in the March 2015 Review of State Messaging and Archive Retrieval Toolset and Record Email
(ISP–1–15–15) and any recommendations from the OIG
review of the records management practices of the
Department of State requested by the Secretary on
March 25, 2015, if completed;
(iv) reduce the backlog of Freedom of Information
Act and Congressional oversight requests, and measurably improve the response time for answering such
requests;
(v) strengthen cyber security measures to mitigate
vulnerabilities, including those resulting from the use
of personal email accounts or servers outside the .gov
domain; and
(vi) codify in the Foreign Affairs Manual and Automated Directives System the updates referenced in
paragraph (1)(B) of this subsection, where appropriate.
(3) REPORT ASSESSMENT.—Not later than 180 days after
the submission of the reports required by paragraph (2), the
Comptroller General of the United States, in consultation with
National Archives and Records Administration, as appropriate,
shall conduct an assessment of such reports, and shall consult
with the Committees on Appropriations on the scope and
requirements of such assessment.
(4) FUNDING.—Of funds appropriated by this Act under
the heading ‘‘Capital Investment Fund’’ in title I, $10,000,000
shall be withheld from obligation until the Secretary submits
the report required by paragraph (2).
GLOBAL INTERNET FREEDOM

SEC. 7078. (a) FUNDING.—Of the funds available for obligation
during fiscal year 2016 under the headings ‘‘International Broadcasting Operations’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’,
and ‘‘Assistance for Europe, Euraisa and Central Asia’’, not less
than $50,500,000 shall be made available for programs to promote
Internet freedom globally: Provided, That such programs shall be
prioritized for countries whose governments restrict freedom of
expression on the Internet, and that are important to the national
interests of the United States: Provided further, That funds made
available pursuant to this section shall be matched, to the maximum
extent practicable, by sources other than the United States Government, including from the private sector.
(b) REQUIREMENTS.—Funds made available pursuant to subsection (a) shall be—
(1) coordinated with other democracy, governance, and
broadcasting programs funded by this Act under the headings
‘‘International Broadcasting Operations’’, ‘‘Economic Support

H. R. 2029—579
Fund’’, ‘‘Democracy Fund’’, ‘‘Complex Crises Fund’’, and ‘‘Assistance for Europe, Eurasia and Central Asia’’, and shall be incorporated into country assistance, democracy promotion, and
broadcasting strategies, as appropriate;
(2) made available to the Bureau of Democracy, Human
Rights, and Labor, Department of State for programs to implement the May 2011, International Strategy for Cyberspace
and the comprehensive strategy to promote Internet freedom
and access to information in Iran, as required by section 414
of the Iran Threat Reduction and Syria Human Rights Act
of 2012 (22 U.S.C. 8754);
(3) made available to the Broadcasting Board of Governors
(BBG) to provide tools and techniques to access the Web sites
of BBG broadcasters that are censored, and to work with such
broadcasters to promote and distribute such tools and techniques, including digital security techniques;
(4) made available for programs that support the efforts
of civil society to counter the development of repressive Internet-related laws and regulations, including countering threats
to Internet freedom at international organizations; to combat
violence against bloggers and other users; and to enhance digital security training and capacity building for democracy activists;
(5) made available for research of key threats to Internet
freedom; the continued development of technologies that provide
or enhance access to the Internet, including circumvention tools
that bypass Internet blocking, filtering, and other censorship
techniques used by authoritarian governments; and maintenance of the technological advantage of the United States
Government over such censorship techniques: Provided, That
the Secretary of State, in consultation with the BBG Chairman,
shall coordinate any such research and development programs
with other relevant United States Government departments
and agencies in order to share information, technologies, and
best practices, and to assess the effectiveness of such technologies; and
(6) coordinated by the Assistant Secretary of State for
Democracy, Human Rights, and Labor, Department of State,
except that the uses of such funds made available under the
heading ‘‘International Broadcasting Operations’’ shall be the
responsibility of the BBG Chairman.
(c) COORDINATION AND SPEND PLANS.—After consultation
among the relevant agency heads to coordinate and de-conflict
planned activities, but not later than 90 days after enactment
of this Act, the Secretary of State and the BBG Chairman shall
submit to the Committees on Appropriations spend plans for funds
made available by this Act for programs to promote Internet
freedom globally, which shall include a description of safeguards
established by relevant agencies to ensure that such programs
are not used for illicit purposes: Provided, That the Department
of State spend plan shall include funding for all such programs
for all relevant Department of State and USAID offices and bureaus:
Provided further, That prior to the obligation of such funds, such
offices and bureaus shall consult with the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State, to
ensure that such programs support the Department of State Internet freedom strategy.

H. R. 2029—580
DISABILITY PROGRAMS

SEC. 7079. (a) ASSISTANCE.—Funds appropriated by this Act
under the heading ‘‘Economic Support Fund’’ shall be made available for programs and activities administered by the United States
Agency for International Development (USAID) to address the needs
and protect and promote the rights of people with disabilities in
developing countries, including initiatives that focus on independent
living, economic self-sufficiency, advocacy, education, employment,
transportation, sports, and integration of individuals with disabilities, including for the cost of translation.
(b) MANAGEMENT, OVERSIGHT, AND TECHNICAL SUPPORT.—Of
the funds made available pursuant to this section, 5 percent may
be used for USAID for management, oversight, and technical support.
IMPACT ON JOBS IN THE UNITED STATES

SEC. 7080. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated
or expended to provide—
(1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing
such an enterprise to relocate outside the United States if
such incentive or inducement is likely to reduce the number
of employees of such business enterprise in the United States
because United States production is being replaced by such
enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers’ rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should
be commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States
if such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries
and adversely impacts the labor force in the United States;
or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to—
(A) the third proviso of subsection 7079(b) of the
Consolidated Appropriations Act, 2010;
(B) the modification proposed by the Overseas Private
Investment Corporation in November 2013 to the Corporation’s Environmental and Social Policy Statement relating
to coal; or
(C) the Supplemental Guidelines for High Carbon
Intensity Projects approved by the Export-Import Bank
of the United States on December 12, 2013,
when enforcement of such rule, regulation, policy, or guidelines
would prohibit, or have the effect of prohibiting, any coalfired or other power-generation project the purpose of which

H. R. 2029—581
is to: (i) provide affordable electricity in International Development Association (IDA)-eligible countries and IDA-blend countries; and (ii) increase exports of goods and services from the
United States or prevent the loss of jobs from the United
States.
COUNTRY FOCUS AND SELECTIVITY

SEC. 7081. (a) TRANSITION PLAN REQUIREMENT.—Any bilateral
country assistance strategy developed after the date of enactment
of this Act for the provision of assistance for a foreign country
shall include a transition plan identifying end goals and options
for winding down, within a targeted period of years, such bilateral
assistance: Provided, That such transition plan shall be developed
by the Secretary of State, in consultation with the Administrator
of the United States Agency for International Development
(USAID), the heads of other relevant Federal agencies, and officials
of such foreign government and representatives of civil society,
as appropriate.
(b) TARGETED TRANSITIONS.—Not later than 180 days after
enactment of this Act, the Secretary of State, in consultation with
the USAID Administrator, the heads of other relevant Federal
agencies, and the Committees on Appropriations, shall select at
least one country in which to establish and implement a transition
program to seek to reduce dependency on bilateral foreign assistance
and create greater self-sufficiency for such country: Provided, That
any such selection shall be of a country receiving assistance with
funds appropriated under titles III and IV of this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs that—
(1) is a long-time recipient of such assistance;
(2) has demonstrated, or has been assessed to possess,
the capacity for self-sufficiency; and
(3) is not impacted by conflict or crisis, including large
numbers of internally displaced persons or significant refugee
populations resulting from such conflict or crisis:
Provided further, That the Secretary shall consult with the Committees on Appropriations prior to the selection of any such country,
and on the goals and targets for such program to be established
in the selected country: Provided further, That such transition
should exclude funding for democracy and humanitarian assistance
programs: Provided further, That assistance may be resumed or
continued for any such selected country if the Secretary determines
and reports to the Committees on Appropriations that to do so
is important to the national interest of the United States, and
such report provides an explanation of such interest being served.
UNITED NATIONS POPULATION FUND

SEC. 7082. (a) CONTRIBUTION.—Of the funds made available
under the heading ‘‘International Organizations and Programs’’ in
this Act for fiscal year 2016, $32,500,000 shall be made available
for the United Nations Population Fund (UNFPA).
(b) AVAILABILITY OF FUNDS.—Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred to the
‘‘Global Health Programs’’ account and shall be made available
for family planning, maternal, and reproductive health activities,

H. R. 2029—582
subject to the regular notification procedures of the Committees
on Appropriations.
(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the
funds made available by this Act may be used by UNFPA for
a country program in the People’s Republic of China.
(d) CONDITIONS ON AVAILABILITY OF FUNDS.—Funds made available by this Act for UNFPA may not be made available unless—
(1) UNFPA maintains funds made available by this Act
in an account separate from other accounts of UNFPA and
does not commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) REPORT TO CONGRESS AND DOLLAR-FOR-DOLLAR WITHHOLDING OF FUNDS.—
(1) Not later than 4 months after the date of enactment
of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations indicating the amount of
funds that UNFPA is budgeting for the year in which the
report is submitted for a country program in the People’s
Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People’s
Republic of China in the year covered by the report, then
the amount of such funds UNFPA plans to spend in the People’s
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON
TERRORISM
DEPARTMENT OF STATE
ADMINISTRATION

OF

FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Diplomatic and Consular Programs’’, $2,561,808,000, to remain available until September 30,
2017, of which $1,966,632,000 is for Worldwide Security Protection
and shall remain available until expended: Provided, That the
Secretary of State may transfer up to $10,000,000 of the total
funds made available under this heading to any other appropriation
of any department or agency of the United States, upon the concurrence of the head of such department or agency, to support operations in and assistance for Afghanistan and to carry out the
provisions of the Foreign Assistance Act of 1961: Provided further,
That any such transfer shall be treated as a reprogramming of
funds under subsections (a) and (b) of section 7015 of this Act
and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: Provided
further, That up to $15,000,000 of the funds appropriated under
this heading in this title may be made available for Conflict Stabilization Operations and for related reconstruction and stabilization assistance to prevent or respond to conflict or civil strife in

H. R. 2029—583
foreign countries or regions, or to enable transition from such
strife: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’,
$66,600,000, to remain available until September 30, 2017, of which
$56,900,000 shall be for the Special Inspector General for Afghanistan Reconstruction (SIGAR) for reconstruction oversight: Provided,
That printing and reproduction costs shall not exceed amounts
for such costs during fiscal year 2015: Provided further, That notwithstanding any other provision of law, any employee of SIGAR
who completes at least 12 months of continuous service after the
date of enactment of this Act or who is employed on the date
on which SIGAR terminates, whichever occurs first, shall acquire
competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For an additional amount for ‘‘Embassy Security, Construction,
and Maintenance’’, $747,851,000, to remain available until
expended, of which $735,201,000 shall be for Worldwide Security
Upgrades, acquisition, and construction as authorized: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For an additional amount for ‘‘Contributions to International
Organizations’’, $101,728,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For an additional amount for ‘‘Contributions for International
Peacekeeping Activities’’, $1,794,088,000, to remain available until
September 30, 2017: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.

H. R. 2029—584
RELATED AGENCY
BROADCASTING BOARD

OF

GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For an additional amount for ‘‘International Broadcasting Operations’’, $10,700,000, to remain available until September 30, 2017:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
FUNDS APPROPRIATED

TO THE

PRESIDENT

OPERATING EXPENSES

For an additional amount for ‘‘Operating Expenses’’,
$139,262,000, to remain available until September 30, 2017: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED

TO THE

PRESIDENT

INTERNATIONAL DISASTER ASSISTANCE

For an additional amount for ‘‘International Disaster Assistance’’, $1,919,421,000, to remain available until expended: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
TRANSITION INITIATIVES

For an additional amount for ‘‘Transition Initiatives’’,
$37,000,000, to remain available until expended: Provided, That
such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.
COMPLEX CRISES FUND

For an additional amount for ‘‘Complex Crises Fund’’,
$20,000,000, to remain available until expended: Provided, That
such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

H. R. 2029—585
ECONOMIC SUPPORT FUND

For an additional amount for ‘‘Economic Support Fund’’,
$2,422,673,000, to remain available until September 30, 2017: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

For an additional amount for ‘‘Assistance for Europe, Eurasia
and Central Asia’’, $438,569,000, to remain available until September 30, 2017: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT

OF

STATE

MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for ‘‘Migration and Refugee Assistance’’ to respond to refugee crises, including in Africa, the Near
East, South and Central Asia, and Europe and Eurasia,
$2,127,114,000, to remain available until expended, except that
such funds shall not be made available for the resettlement costs
of refugees in the United States: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
DEPARTMENT

OF

STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for ‘‘International Narcotics Control
and Law Enforcement’’, $371,650,000, to remain available until
September 30, 2017: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS

For an additional amount for ‘‘Nonproliferation, Anti-terrorism,
Demining and Related Programs’’, $379,091,000, to remain available
until September 30, 2017: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.

H. R. 2029—586
PEACEKEEPING OPERATIONS

For an additional amount for ‘‘Peacekeeping Operations’’,
$469,269,000, to remain available until September 30, 2017: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That funds available for
obligation under this heading in this Act may be used to pay
assessed expenses of international peacekeeping activities in
Somalia, subject to the regular notification procedures of the
Committees on Appropriations, except that such expenses shall
not exceed the level described in the final proviso under the heading
‘‘Contributions for International Peacekeeping Activities’’ in title
I of this Act.
FUNDS APPROPRIATED

TO THE

PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for ‘‘Foreign Military Financing Program’’, $1,288,176,000, to remain available until September 30,
2017: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS
ADDITIONAL APPROPRIATIONS

SEC. 8001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amounts appropriated
or otherwise made available in this Act for fiscal year 2016.
EXTENSION OF AUTHORITIES AND CONDITIONS

SEC. 8002. Unless otherwise provided for in this Act, the additional amounts appropriated by this title to appropriations accounts
in this Act shall be available under the authorities and conditions
applicable to such appropriations accounts.
TRANSFER AUTHORITY

SEC. 8003. (a)(1) Funds appropriated by this title in this Act
under the headings ‘‘Transition Initiatives’’, ‘‘Complex Crises Fund’’,
‘‘Economic Support Fund’’, and ‘‘Assistance for Europe, Eurasia
and Central Asia’’ may be transferred to, and merged with, funds
appropriated by this title under such headings.
(2) Funds appropriated by this title in this Act under the
headings ‘‘International Narcotics Control and Law Enforcement’’,
‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, ‘‘Peacekeeping Operations’’, and ‘‘Foreign Military
Financing Program’’ may be transferred to, and merged with, funds
appropriated by this title under such headings.
(3) Of the funds appropriated by this title under the heading
‘‘International Disaster Assistance’’, up to $600,000,000 may be

H. R. 2029—587
transferred to, and merged with, funds appropriated by this title
under the heading ‘‘Migration and Refugee Assistance’’.
(b) Notwithstanding any other provision of this section, not
to exceed $15,000,000 from funds appropriated under the heading
‘‘Foreign Military Financing Program’’ by this title in this Act
and made available for the Europe and Eurasia Regional program
may be transferred to, and merged with, funds previously made
available under the heading ‘‘Global Security Contingency Fund’’
which shall be available only for programs in the Europe and
Eurasia region.
(c) The transfer authority provided in subsection (a) may only
be exercised to address contingencies.
(d) The transfer authority provided in subsections (a) and (b)
shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided,
That such transfer authority is in addition to any transfer authority
otherwise available under any other provision of law, including
section 610 of the Foreign Assistance Act of 1961 which may be
exercised by the Secretary of State for the purposes of this title.
TITLE IX
OTHER MATTERS
MULTILATERAL ASSISTANCE
INTERNATIONAL MONETARY PROGRAMS
UNITED STATES QUOTA, INTERNATIONAL MONETARY FUND
DIRECT LOAN PROGRAM ACCOUNT

For an increase in the United States quota in the International
Monetary Fund, the dollar equivalent of 40,871,800,000 Special
Drawing Rights, to remain available until expended: Provided, That
notwithstanding the provisos under the heading ‘‘International
Assistance Programs—International Monetary Programs—United
States Quota, International Monetary Fund’’ in the Supplemental
Appropriations Act, 2009 (Public Law 111–32), the costs of the
amounts provided under this heading in this Act and in Public
Law 111–32 shall be estimated on a present value basis, excluding
administrative costs and any incidental effects on governmental
receipts or outlays: Provided further, That for purposes of the previous proviso, the discount rate for purposes of the present value
calculation shall be the appropriate interest rate on marketable
Treasury securities, adjusted for market risk: 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, as amended:
Provided further, That such amount shall be available only if the
President designates such amount, and the related amount to be
rescinded under the heading ‘‘Loans to the International Monetary
Fund Direct Loan Program Account’’, as an emergency requirement
pursuant to section 251(b)(2)(A)(i) and transmits such designation
to the Congress.

H. R. 2029—588
LOANS

TO THE INTERNATIONAL

MONETARY FUND

DIRECT LOAN PROGRAM ACCOUNT
(INCLUDING RESCISSION OF FUNDS)

Of the amounts provided under the heading ‘‘International
Assistance Programs—International Monetary Programs—Loans to
International Monetary Fund’’ in the Supplemental Appropriations
Act, 2009 (Public Law 111–32), the dollar equivalent of
40,871,800,000 Special Drawing Rights is hereby permanently
rescinded as of the date when the rollback of the United States
credit arrangement in the New Arrangements to Borrow of the
International Monetary Fund is effective, but no earlier than when
the increase of the United States quota authorized in section 72
of the Bretton Woods Agreements Act (22 U.S.C. 286 et seq.)
becomes effective: Provided, That notwithstanding the second
through fourth provisos under the heading ‘‘International Assistance
Programs—International Monetary Programs—Loans to International Monetary Fund’’ in Public Law 111–32, the costs of the
amounts under this heading in this Act and in Public Law 111–
32 shall be estimated on a present value basis, excluding administrative costs and any incidental effects on governmental receipts
or outlays: Provided further, That for purposes of the previous
proviso, the discount rate for purposes of the present value calculation shall be the appropriate interest rate on marketable Treasury
securities, adjusted for market risk: 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, as amended: Provided further, That such amount shall be rescinded only if the President
designates such amount as an emergency requirement pursuant
to section 251(b)(2)(A)(i) and transmits such designation to the
Congress.
GENERAL PROVISIONS
LIMITATIONS

ON AND EXPIRATION OF AUTHORITY WITH
NEW ARRANGEMENTS TO BORROW

RESPECT

TO

SEC. 9001. Section 17 of the Bretton Woods Agreements Act
(22 U.S.C. 286e–2) is amended—
(1) in subsection (a) by adding at the end the following:
‘‘(5) The authority to make loans under this section shall
expire on December 16, 2022.’’;
(2) in subsection (b), in paragraphs (1) and (2), by inserting
before the end period the following: ‘‘, only to the extent that
amounts available for such loans are not rescinded by an Act
of Congress’’;
(3) by adding the following subsection (e), which shall be
effective from the first day of the next period of renewal of
the NAB decision after enactment of this Act:
‘‘(e) New Requirement for Activation of the New Arrangements
to Borrow
‘‘(1) The Secretary of the Treasury shall include in the
certification and report required by paragraphs (a)(1), (a)(2),
(b)(1), and (b)(2) of this section prior to activation an additional
certification and report that—

H. R. 2029—589
‘‘(A) the one-year forward commitment capacity of the
IMF (excluding borrowed resources) is expected to fall
below 100,000,000,000 Special Drawing Rights during the
period of the NAB activation; and
‘‘(B) activation of the NAB is in the United States
strategic economic interest with the reasons and analysis
for that determination.
‘‘(2) Prior to submitting any certification and report
required by paragraphs (a)(1), (a)(2), (b)(1), and (b)(2) of this
section, the Secretary of the Treasury shall consult with the
appropriate congressional committees.’’; and
(4) by adding at the end the following:
‘‘(f) In this section, the term ‘appropriate congressional committees’ means the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and
Financial Services of the House of Representatives.’’.
ACCEPTANCE

OF

AMENDMENTS TO ARTICLES
INCREASE

OF

AGREEMENT; QUOTA

SEC. 9002. The Bretton Woods Agreements Act (22 U.S.C. 286
et seq.) is amended by adding at the end the following:
‘‘SEC. 71. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES OF AGREEMENT OF THE FUND.

‘‘The United States Governor of the Fund may accept the
amendments to the Articles of Agreement of the Fund as proposed
in resolution 66–2 of the Board of Governors of the Fund.
‘‘SEC. 72. QUOTA INCREASE.

‘‘(a) IN GENERAL.—The United States Governor of the Fund
may consent to an increase in the quota of the United States
in the Fund equivalent to 40,871,800,000 Special Drawing Rights.
‘‘(b) SUBJECT TO APPROPRIATIONS.—The authority provided by
subsection (a) shall be effective only to such extent or in such
amounts as are provided in advance in appropriations Acts.’’.
REPORT

ON

METHODOLOGY USED FOR CONGRESSIONAL BUDGET
OFFICE COST ESTIMATES

SEC. 9003. (a) REPORT.—Not later than 180 days after the
date of enactment of this Act, the Director of the Congressional
Budget Office shall submit a report to the appropriate congressional
committees on the methodology used and rationale for incorporating
market risk in cost estimates for the International Monetary Fund:
Provided, That for the purposes of this subsection, the term ‘‘appropriate congressional committees’’ means—
(1) the Committees on Appropriations, Budget, Banking,
Housing and Urban Affairs, and Foreign Relations of the
Senate; and
(2) the Committees on Appropriations, Budget, and Financial Services of the House of Representatives.
(b) REQUIREMENTS.—The report submitted pursuant to subsection (a) shall include matters relevant to the evaluation of the
budgetary effects of the participation of the United States in the
International Monetary Fund, including the risks associated with—

H. R. 2029—590
(1) the current participation of the United States in the
International Monetary Fund, including the market risk of
the Fund;
(2) countries borrowing from the Fund;
(3) the various loan instruments and assistance activities
of the Fund; and
(4) past participation of the United States in the International Monetary Fund, including the historical net cost to
the government of previous quota increases.
(c) REVIEW.—Following the submission of the report required
by subsection (a), the Committees on Appropriations and Budget
of the Senate and the Committees on Appropriations and Budget
of the House of Representatives shall review the Congressional
Budget Office’s market risk scoring methodology and consider
options for modifying the budgetary treatment of new appropriations to the International Monetary Fund: Provided, That in conducting such review, such committees should consult with other
interested parties, including the Office of Management and Budget
and the Congressional Budget Office.
REQUIRED CONSULTATIONS WITH CONGRESS IN ADVANCE
CONSIDERATION OF EXCEPTIONAL ACCESS LENDING

OF

SEC. 9004. (a) IN GENERAL.—The United States Executive
Director of the International Monetary Fund (the Fund) (or any
designee of the Executive Director) may not vote for the approval
of an exceptional access loan to be provided by the Fund to a
country unless, not later than 7 days before voting to approve
that loan (subject to subsection (c)), the Secretary of the Treasury
submits to the Committees on Appropriations and Foreign Relations
of the Senate and the Committees on Appropriations and Financial
Services of the House of Representatives—
(1) a report on the exceptional access program under which
the loan is to be provided, including a description of the size
and tenor of the program; and
(2) a debt sustainability analysis and related documentation justifying the need for the loan.
(b) ELEMENTS.—A debt sustainability analysis under subsection
(a)(2) with respect to an exceptional access loan shall include the
following:
(1) any assumptions for growth of the gross domestic
product of the country that may receive the loan;
(2) an estimate of whether the public debt of that country
is sustainable in the medium term, consistent with the exceptional access lending rules of the Fund;
(3) an estimate of the prospects of that country for
regaining access to private capital markets; and
(4) an evaluation of the probability of the success of providing the exceptional access loan.
(c) EXTRAORDINARY CIRCUMSTANCES.—The Secretary may
submit the report and analysis required by subsection (a) to the
Committees on Appropriations and Foreign Relations of the Senate
and the Committees on Appropriations and Financial Services of
the House of Representatives not later than 2 business days after
a decision by the Executive Board of the Fund to approve an
exceptional access loan only if the Secretary—
(1) determines and certifies that—

H. R. 2029—591
(A) an emergency exists in the country that applied
for the loan and that country requires immediate assistance
to avoid disrupting orderly financial markets; or
(B) other extraordinary circumstances exist that warrant delaying the submission of the report and analysis;
and
(2) submits with the report and analysis a detailed explanation of the emergency or extraordinary circumstances and
the reasons for the delay.
(d) FORM OF REPORT AND ANALYSIS.—The report and debt
sustainability analysis and related documentation required by subsection (a) may be submitted in classified form.
REPEAL

OF SYSTEMIC RISK EXEMPTION TO LIMITATIONS TO
POLICY OF THE INTERNATIONAL MONETARY FUND

ACCESS

SEC. 9005. (a) POSITION OF THE UNITED STATES.—The Secretary
of the Treasury shall direct the United States Executive Director
of the International Monetary Fund (the Fund) to use the voice
and vote of the United States to urge the Executive Board of
the Fund to repeal the systemic risk exemption to the debt sustainability criterion of the Fund’s exceptional access framework, as
set forth in paragraph 3(b) of Decision No. 14064-(08/18) of the
Fund (relating to access policy and limits in the credit tranches
and under the extended Fund facility and overall access to the
Fund’s general resources, and exceptional access policy).
(b) REPORT REQUIRED.—The quota increase authorized by the
amendments made by section 9002 shall not be disbursed until
the Secretary of the Treasury reports to the Committees on Appropriations and Foreign Relations of the Senate and the Committees
on Appropriations and Financial Services of the House of Representatives that the United States has taken all necessary steps to
secure repeal of the systemic risk exemption to the framework
described in subsection (a).
ANNUAL REPORT ON LENDING, SURVEILLANCE, OR TECHNICAL
ASSISTANCE POLICIES OF THE INTERNATIONAL MONETARY FUND
SEC. 9006. Not later than one year after the date of the enactment of this Act, and annually thereafter until 2025, the Secretary
of the Treasury shall submit to the Committees on Appropriations
and Foreign Relations of the Senate and the Committees on Appropriations and Financial Services of the House of Representatives
a written report that includes—
(1) a description of any changes in the policies of the
International Monetary Fund (the Fund) with respect to
lending, surveillance, or technical assistance;
(2) an analysis of whether those changes, if any, increase
or decrease the risk to United States financial commitments
to the Fund;
(3) an analysis of any new or ongoing exceptional access
loans of the Fund in place during the year preceding the
submission of the report; and
(4) a description of any changes to the exceptional access
policies of the Fund.

H. R. 2029—592
REPORT

ON IMPROVING UNITED STATES PARTICIPATION IN THE
INTERNATIONAL MONETARY FUND

SEC. 9007. Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to
the Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Financial Services of the House of Representatives a written report on ways
to improve the effectiveness, and mitigate the risks, of United
States participation in the International Monetary Fund (the Fund)
that includes the following:
(1) An analysis of recent changes to the surveillance products and policies of the Fund and whether those products
and policies effectively address the shortcomings of surveillance
by the Fund in the periods preceding the global financial crisis
that began in 2008 and the European debt crisis that began
in 2009.
(2) A discussion of ways to better encourage countries to
implement policy recommendations of the Fund, including—
(A) whether the implementation rate of such policy
recommendations would increase if the Fund provided regular status reports on whether countries have implemented
its policy recommendations; and
(B) whether or not lending by the Fund should be
limited to countries that have taken necessary steps to
implement such policy recommendations, including an analysis of the potential effectiveness of that limitation.
(3) An analysis of the transparency policy of the Fund,
ways that transparency policy can be improved, and whether
such improvements would be beneficial.
(4) A detailed analysis of the riskiness of exceptional access
loans provided by the Fund, including—
(A) whether the additional interest rate surcharge is
working as intended to discourage large and prolonged
use of resources of the Fund; and
(B) whether it would be beneficial for the Fund to
require collateral when making exceptional access loans,
and how requiring collateral would affect the make-up
of exceptional access loans and the demand for such loans.
(5) A description of how the classification of loans provided
by the Fund would change if Fund quotas were increased
under the amendments to the Articles of Agreement of the
Fund proposed in resolution 66–2 of the Board of Governors
of the Fund, including an assessment of how the quota increase
would affect the classification of exceptional access loans outstanding as of the date of the report and whether the quota
increase would lead to revisions of the classification of such
loans.
(6) A discussion and analysis of lessons learned from the
lending arrangements that included the Fund, the European
Commission, and the European Central Bank (commonly
referred to as the ‘‘Troika’’) during the European debt crisis.
(7) An analysis of the risks or benefits of increasing the
transparency of the technical assistance projects of the Fund,
including a discussion of—
(A) the advantages and disadvantages of the current
technical assistance disclosure policies of the Fund;

H. R. 2029—593
(B) how technical assistance from the Fund could be
better used to prevent crises from happening in the future;
and
(C) whether and how the Fund coordinates technical
assistance projects with other organizations, including the
United States Department of the Treasury, to avoid
duplication of efforts.
This division may be cited as the ‘‘Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2016’’.
DIVISION L—TRANSPORTATION, HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE

OF THE

SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary,
$108,750,000, of which not to exceed $2,734,000 shall be available
for the immediate Office of the Secretary; not to exceed $1,025,000
shall be available for the immediate Office of the Deputy Secretary;
not to exceed $20,609,000 shall be available for the Office of the
General Counsel; not to exceed $9,941,000 shall be available for
the Office of the Under Secretary of Transportation for Policy;
not to exceed $13,697,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,546,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $25,925,000 shall
be available for the Office of the Assistant Secretary for Administration; not to exceed $2,029,000 shall be available for the Office
of Public Affairs; not to exceed $1,737,000 shall be available for
the Office of the Executive Secretariat; not to exceed $1,434,000
shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $10,793,000 shall be available for
the Office of Intelligence, Security, and Emergency Response; and
not to exceed $16,280,000 shall be available for the Office of the
Chief Information Officer: Provided, That the Secretary of Transportation is authorized to transfer funds appropriated for any office
of the Office of the Secretary to any other office of the Office
of the Secretary: Provided further, That no appropriation for any
office shall be increased or decreased by more than 5 percent
by all such transfers: Provided further, That notice of any change
in funding greater than 5 percent shall be submitted for approval
to the House and Senate Committees on Appropriations: Provided
further, That not to exceed $60,000 shall be for allocation within
the Department for official reception and representation expenses
as the Secretary may determine: Provided further, That notwithstanding any other provision of law, excluding fees authorized in
Public Law 107–71, there may be credited to this appropriation
up to $2,500,000 in funds received in user fees: Provided further,
That none of the funds provided in this Act shall be available
for the position of Assistant Secretary for Public Affairs: Provided
further, That not later than 60 days after the date of enactment

H. R. 2029—594
of this Act, the Secretary of Transportation shall transmit to Congress the final Comprehensive Truck Size and Weight Limits Study,
as required by section 32801 of Public Law 112–141.
RESEARCH AND TECHNOLOGY

For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $13,000,000, of which
$8,218,000 shall remain available until September 30, 2018: Provided, That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training: Provided further, That any reference
in law, regulation, judicial proceedings, or elsewhere to the Research
and Innovative Technology Administration shall continue to be
deemed to be a reference to the Office of the Assistant Secretary
for Research and Technology of the Department of Transportation.
NATIONAL INFRASTRUCTURE INVESTMENTS

For capital investments in surface transportation infrastructure, $500,000,000, to remain available through September 30, 2019:
Provided, That the Secretary of Transportation shall distribute
funds provided under this heading as discretionary grants to be
awarded to a State, local government, transit agency, or a collaboration among such entities on a competitive basis for projects that
will have a significant impact on the Nation, a metropolitan area,
or a region: Provided further, That projects eligible for funding
provided under this heading shall include, but not be limited to,
highway or bridge projects eligible under title 23, United States
Code; public transportation projects eligible under chapter 53 of
title 49, United States Code; passenger and freight rail transportation projects; and port infrastructure investments (including
inland port infrastructure and land ports of entry): Provided further,
That the Secretary may use up to 20 percent of the funds made
available under this heading for the purpose of paying the subsidy
and administrative costs of projects eligible for Federal credit assistance under chapter 6 of title 23, United States Code, if the Secretary
finds that such use of the funds would advance the purposes of
this paragraph: Provided further, That in distributing funds provided under this heading, the Secretary shall take such measures
so as to ensure an equitable geographic distribution of funds, an
appropriate balance in addressing the needs of urban and rural
areas, and the investment in a variety of transportation modes:
Provided further, That a grant funded under this heading shall
be not less than $5,000,000 and not greater than $100,000,000:
Provided further, That not more than 20 percent of the funds
made available under this heading may be awarded to projects
in a single State: Provided further, That the Federal share of
the costs for which an expenditure is made under this heading
shall be, at the option of the recipient, up to 80 percent: Provided
further, That the Secretary shall give priority to projects that
require a contribution of Federal funds in order to complete an
overall financing package: Provided further, That not less than
20 percent of the funds provided under this heading shall be for
projects located in rural areas: Provided further, That for projects
located in rural areas, the minimum grant size shall be $1,000,000
and the Secretary may increase the Federal share of costs above

H. R. 2029—595
80 percent: Provided further, That projects conducted using funds
provided under this heading must comply with the requirements
of subchapter IV of chapter 31 of title 40, United States Code:
Provided further, That the Secretary shall conduct a new competition to select the grants and credit assistance awarded under this
heading: Provided further, That the Secretary may retain up to
$20,000,000 of the funds provided under this heading, and may
transfer portions of those funds to the Administrators of the Federal
Highway Administration, the Federal Transit Administration, the
Federal Railroad Administration and the Maritime Administration,
to fund the award and oversight of grants and credit assistance
made under the National Infrastructure Investments program.
FINANCIAL MANAGEMENT CAPITAL

For necessary expenses for upgrading and enhancing the
Department of Transportation’s financial systems and reengineering business processes, $5,000,000, to remain available
through September 30, 2017.
CYBER SECURITY INITIATIVES

For necessary expenses for cyber security initiatives, including
necessary upgrades to wide area network and information technology infrastructure, improvement of network perimeter controls
and identity management, testing and assessment of information
technology against business, security, and other requirements,
implementation of Federal cyber security initiatives and information
infrastructure enhancements, implementation of enhanced security
controls on network devices, and enhancement of cyber security
workforce training tools, $8,000,000, to remain available through
September 30, 2017.
OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, $9,678,000.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $8,500,000: Provided,
That of such amount, $2,500,000 shall be for necessary expenses
to establish an Interagency Infrastructure Permitting Improvement
Center (IIPIC) that will implement reforms to improve interagency
coordination and the expediting of projects related to the permitting
and environmental review of major transportation infrastructure
projects including one-time expenses to develop and deploy information technology tools to track project schedules and metrics and
improve the transparency and accountability of the permitting
process: Provided further, That there may be transferred to this
appropriation, to remain available until expended, amounts from
other Federal agencies for expenses incurred under this heading
for IIPIC activities not related to transportation infrastructure:
Provided further, That the tools and analysis developed by the
IIPIC shall be available to other Federal agencies for the permitting

H. R. 2029—596
and review of major infrastructure projects not related to transportation only to the extent that other Federal agencies provide funding
to the Department as provided for under the previous proviso.
WORKING CAPITAL FUND

For necessary expenses for operating costs and capital outlays
of the Working Capital Fund, not to exceed $190,039,000 shall
be paid from appropriations made available to the Department
of Transportation: Provided, That such services shall be provided
on a competitive basis to entities within the Department of
Transportation: Provided further, That the above limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to an agency of the
Department shall be transferred to the Working Capital Fund without majority approval of the Working Capital Fund Steering Committee and approval of the Secretary: Provided further, That no
assessments may be levied against any program, budget activity,
subactivity or project funded by this Act unless notice of such
assessments and the basis therefor are presented to the House
and Senate Committees on Appropriations and are approved by
such Committees.
MINORITY BUSINESS RESOURCE CENTER PROGRAM

For the cost of guaranteed loans, $336,000, as authorized by
49 U.S.C. 332: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $18,367,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, $597,000.
MINORITY BUSINESS OUTREACH

For necessary expenses of Minority Business Resource Center
outreach activities, $3,084,000, to remain available until September
30, 2017: Provided, That notwithstanding 49 U.S.C. 332, these
funds may be used for business opportunities related to any mode
of transportation.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)

In addition to funds made available from any other source
to carry out the essential air service program under 49 U.S.C.
41731 through 41742, $175,000,000, to be derived from the Airport
and Airway Trust Fund, to remain available until expended: Provided, That in determining between or among carriers competing
to provide service to a community, the Secretary may consider
the relative subsidy requirements of the carriers: Provided further,
That basic essential air service minimum requirements shall not
include the 15-passenger capacity requirement under subsection
41732(b)(3) of title 49, United States Code: Provided further, That
none of the funds in this Act or any other Act shall be used
to enter into a new contract with a community located less than

H. R. 2029—597
40 miles from the nearest small hub airport before the Secretary
has negotiated with the community over a local cost share: Provided
further, That amounts authorized to be distributed for the essential
air service program under subsection 41742(b) of title 49, United
States Code, shall be made available immediately from amounts
otherwise provided to the Administrator of the Federal Aviation
Administration: Provided further, That the Administrator may
reimburse such amounts from fees credited to the account established under section 45303 of title 49, United States Code.
ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF
TRANSPORTATION

SEC. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the Office
of the Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the
modal administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments
or agreements have completed the normal reprogramming process
for Congressional notification.
SEC. 102. Notwithstanding section 3324 of title 31, United
States Code, in addition to authority provided by section 327 of
title 49, United States Code, the Department’s Working Capital
Fund is hereby authorized to provide payments in advance to vendors that are necessary to carry out the Federal transit pass
transportation fringe benefit program under Executive Order 13150
and section 3049 of Public Law 109–59: Provided, That the Department shall include adequate safeguards in the contract with the
vendors to ensure timely and high-quality performance under the
contract.
SEC. 103. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the
Credit Council, including the agenda for each meeting, and require
the Credit Council to record the decisions and actions of each
meeting.
SEC. 104. In addition to authority provided by section 327
of title 49, United States Code, the Department’s Working Capital
Fund is hereby authorized to provide partial or full payments
in advance and accept subsequent reimbursements from all Federal
agencies for transit benefit distribution services that are necessary
to carry out the Federal transit pass transportation fringe benefit
program under Executive Order No. 13150 and section 3049 of
Public Law 109–59: Provided, That the Department shall maintain
a reasonable operating reserve in the Working Capital Fund, to
be expended in advance to provide uninterrupted transit benefits
to Government employees, provided that such reserve will not
exceed one month of benefits payable: Provided further, that such
reserve may be used only for the purpose of providing for the
continuation of transit benefits, provided that the Working Capital
Fund will be fully reimbursed by each customer agency for the
actual cost of the transit benefit.

H. R. 2029—598
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses of the Federal Aviation Administration,
not otherwise provided for, including operations and research activities related to commercial space transportation, administrative
expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance
of aircraft, subsidizing the cost of aeronautical charts and maps
sold to the public, lease or purchase of passenger motor vehicles
for replacement only, in addition to amounts made available by
Public Law 112–95, $9,909,724,000 of which $7,922,000,000 shall
be derived from the Airport and Airway Trust Fund, of which
not to exceed $7,505,293,000 shall be available for air traffic
organization activities; not to exceed $1,258,411,000 shall be available for aviation safety activities; not to exceed $17,800,000 shall
be available for commercial space transportation activities; not to
exceed $760,500,000 shall be available for finance and management
activities; not to exceed $60,089,000 shall be available for NextGen
and operations planning activities; not to exceed $100,880,000 shall
be available for security and hazardous materials safety; and not
to exceed $206,751,000 shall be available for staff offices: Provided,
That not to exceed 2 percent of any budget activity, except for
aviation safety budget activity, may be transferred to any budget
activity under this heading: Provided further, That no transfer
may increase or decrease any appropriation by more than 2 percent:
Provided further, That any transfer in excess of 2 percent shall
be treated as a reprogramming of funds under section 405 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: Provided
further, That not later than March 31 of each fiscal year hereafter,
the Administrator of the Federal Aviation Administration shall
transmit to Congress an annual update to the report submitted
to Congress in December 2004 pursuant to section 221 of Public
Law 108–176: Provided further, That the amount herein appropriated shall be reduced by $100,000 for each day after March
31 that such report has not been submitted to the Congress: Provided further, That not later than March 31 of each fiscal year
hereafter, the Administrator shall transmit to Congress a companion report that describes a comprehensive strategy for staffing,
hiring, and training flight standards and aircraft certification staff
in a format similar to the one utilized for the controller staffing
plan, including stated attrition estimates and numerical hiring goals
by fiscal year: Provided further, That the amount herein appropriated shall be reduced by $100,000 per day for each day after
March 31 that such report has not been submitted to Congress:
Provided further, That funds may be used to enter into a grant
agreement with a nonprofit standard-setting organization to assist
in the development of aviation safety standards: Provided further,
That none of the funds in this Act shall be available for new
applicants for the second career training program: Provided further,
That none of the funds in this Act shall be available for the
Federal Aviation Administration to finalize or implement any regulation that would promulgate new aviation user fees not specifically

H. R. 2029—599
authorized by law after the date of the enactment of this Act:
Provided further, That there may be credited to this appropriation,
as offsetting collections, funds received from States, counties,
municipalities, foreign authorities, other public authorities, and
private sources for expenses incurred in the provision of agency
services, including receipts for the maintenance and operation of
air navigation facilities, and for issuance, renewal or modification
of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the funds appropriated
under this heading, not less than $154,400,000 shall be for the
contract tower program, including the contract tower cost share
program: Provided further, That none of the funds in this Act
for aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund:
Provided further, That not later than 60 days after enactment
of this Act, the Administrator shall review and update the agency’s
‘‘Community Involvement Manual’’ related to new air traffic procedures, public outreach and community involvement: Provided further, That the Administrator shall complete and implement a plan
which enhances community involvement techniques and proactively
addresses concerns associated with performance based navigation
projects: Provided further, That the Administrator shall transmit,
in electronic format, the community involvement manual and plan
to the House and Senate Committees on Appropriations, the House
Committee on Transportation and Infrastructure, and the Senate
Committee on Commerce, Science and Transportation not later
than 180 days after enactment of this Act.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part
A of subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing
of quarters and related accommodations for officers and employees
of the Federal Aviation Administration stationed at remote localities
where such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds available under this
heading, including aircraft for aviation regulation and certification;
to be derived from the Airport and Airway Trust Fund,
$2,855,000,000, of which $470,049,000 shall remain available until
September 30, 2016, and $2,384,951,000 shall remain available
until September 30, 2018: Provided, That there may be credited
to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses
incurred in the establishment, improvement, and modernization
of national airspace systems: Provided further, That no later than
March 31, the Secretary of Transportation shall transmit to the
Congress an investment plan for the Federal Aviation Administration which includes funding for each budget line item for fiscal

H. R. 2029—600
years 2017 through 2021, with total funding for each year of the
plan constrained to the funding targets for those years as estimated
and approved by the Office of Management and Budget: Provided
further, That the amount herein appropriated shall be reduced
by $100,000 per day for each day after March 31 that such report
has not been submitted to Congress.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under part
A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites
by lease or grant, $166,000,000, to be derived from the Airport
and Airway Trust Fund and to remain available until September
30, 2018: Provided, That there may be credited to this appropriation
as offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private sources, which
shall be available for expenses incurred for research, engineering,
and development.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)

For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning
and programs as authorized under subchapter I of chapter 471
and subchapter I of chapter 475 of title 49, United States Code,
and under other law authorizing such obligations; for procurement,
installation, and commissioning of runway incursion prevention
devices and systems at airports of such title; for grants authorized
under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs,
including those related to airport operating certificates under section 44706 of title 49, United States Code, $3,600,000,000, to be
derived from the Airport and Airway Trust Fund and to remain
available until expended: Provided, That none of the funds under
this heading shall be available for the planning or execution of
programs the obligations for which are in excess of $3,350,000,000
in fiscal year 2016, notwithstanding section 47117(g) of title 49,
United States Code: Provided further, That none of the funds under
this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or
other airport improvements that are necessary to install bulk explosive detection systems: Provided further, That notwithstanding section 47109(a) of title 49, United States Code, the Government’s
share of allowable project costs under paragraph (2) for subgrants
or paragraph (3) of that section shall be 95 percent for a project
at other than a large or medium hub airport that is a successive

H. R. 2029—601
phase of a multi-phased construction project for which the project
sponsor received a grant in fiscal year 2011 for the construction
project: Provided further, That notwithstanding any other provision
of law, of funds limited under this heading, not more than
$107,100,000 shall be obligated for administration, not less than
$15,000,000 shall be available for the Airport Cooperative Research
Program, not less than $31,000,000 shall be available for Airport
Technology Research, and $5,000,000, to remain available until
expended, shall be available and transferred to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry out the Small Community
Air Service Development Program: Provided further, That in addition to airports eligible under section 41743 of title 49, such program
may include the participation of an airport that serves a community
or consortium that is not larger than a small hub airport, according
to FAA hub classifications effective at the time the Office of the
Secretary issues a request for proposals.
ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION

SEC. 110. None of the funds in this Act may be used to compensate in excess of 600 technical staff-years under the federally
funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2016.
SEC. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport sponsors
to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space
in airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That the
prohibition of funds in this section does not apply to negotiations
between the agency and airport sponsors to achieve agreement
on ‘‘below-market’’ rates for these items or to grant assurances
that require airport sponsors to provide land without cost to the
FAA for air traffic control facilities.
SEC. 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy 49 U.S.C.
41742(a)(1) from fees credited under 49 U.S.C. 45303 and any
amount remaining in such account at the close of that fiscal year
may be made available to satisfy section 41742(a)(1) for the subsequent fiscal year.
SEC. 113. Amounts collected under section 40113(e) of title
49, United States Code, shall be credited to the appropriation
current at the time of collection, to be merged with and available
for the same purposes of such appropriation.
SEC. 114. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5, United
States Code, to any Federal Aviation Administration employee
unless such employee actually performed work during the time
corresponding to such premium pay.
SEC. 115. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation Administration
to purchase a store gift card or gift certificate through use of
a Government-issued credit card.
SEC. 116. The Secretary shall apportion to the sponsor of an
airport that received scheduled or unscheduled air service from
a large certified air carrier (as defined in part 241 of title 14

H. R. 2029—602
Code of Federal Regulations, or such other regulations as may
be issued by the Secretary under the authority of section 41709)
an amount equal to the minimum apportionment specified in 49
U.S.C. 47114(c), if the Secretary determines that airport had more
than 10,000 passenger boardings in the preceding calendar year,
based on data submitted to the Secretary under part 241 of title
14, Code of Federal Regulations.
SEC. 117. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the Federal
Aviation Administration without the prior written approval of the
Assistant Secretary for Administration of the Department of
Transportation.
SEC. 118. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act may
be used to implement or to continue to implement any limitation
on the ability of any owner or operator of a private aircraft to
obtain, upon a request to the Administrator of the Federal Aviation
Administration, a blocking of that owner’s or operator’s aircraft
registration number from any display of the Federal Aviation
Administration’s Aircraft Situational Display to Industry data that
is made available to the public, except data made available to
a Government agency, for the noncommercial flights of that owner
or operator.
SEC. 119. None of the funds in this Act shall be available
for salaries and expenses of more than nine political and Presidential appointees in the Federal Aviation Administration.
SEC. 119A. None of the funds made available under this Act
may be used to increase fees pursuant to section 44721 of title
49, United States Code, until the FAA provides to the House and
Senate Committees on Appropriations a report that justifies all
fees related to aeronautical navigation products and explains how
such fees are consistent with Executive Order 13642.
SEC. 119B. None of the funds in this Act may be used to
close a regional operations center of the Federal Aviation Administration or reduce its services unless the Administrator notifies
the House and Senate Committees on Appropriations not less than
90 full business days in advance.
SEC. 119C. None of the funds appropriated or limited by this
Act may be used to change weight restrictions or prior permission
rules at Teterboro airport in Teterboro, New Jersey.
FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)

Not to exceed $425,752,000, together with advances and
reimbursements received by the Federal Highway Administration,
shall be obligated for necessary expenses for administration and
operation of the Federal Highway Administration. In addition, not
to exceed $3,248,000 shall be transferred to the Appalachian
Regional Commission in accordance with section 104 of title 23,
United States Code.

H. R. 2029—603
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

Funds available for the implementation or execution of Federalaid highway and highway safety construction programs authorized
under titles 23 and 49, United States Code, and the provisions
of the Fixing America’s Surface Transportation Act shall not exceed
total obligations of $42,361,000,000 for fiscal year 2016: Provided,
That the Secretary may collect and spend fees, as authorized by
title 23, United States Code, to cover the costs of services of expert
firms, including counsel, in the field of municipal and project finance
to assist in the underwriting and servicing of Federal credit
instruments and all or a portion of the costs to the Federal Government of servicing such credit instruments: Provided further, That
such fees are available until expended to pay for such costs: Provided further, That such amounts are in addition to administrative
expenses that are also available for such purpose, and are not
subject to any obligation limitation or the limitation on administrative expenses under section 608 of title 23, United States Code.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)

For the payment of obligations incurred in carrying out Federalaid highway and highway safety construction programs authorized
under title 23, United States Code, $43,100,000,000 derived from
the Highway Trust Fund (other than the Mass Transit Account),
to remain available until expended.
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

SEC. 120. (a) For fiscal year 2016, the Secretary of Transportation shall—
(1) not distribute from the obligation limitation for Federalaid highways—
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United States
Code; and
(B) amounts authorized for the Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated balance of amounts—
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous
fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202
or 204 of title 23, United States Code); and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that—

H. R. 2029—604
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated
for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1)
through (11) of subsection (b) and sums authorized to be
appropriated for section 119 of title 23, United States Code,
equal to the amount referred to in subsection (b)(12) for
such fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by
the Secretary under the Fixing America’s Surface Transportation Act and title 23, United States Code, or apportioned
by the Secretary under sections 202 or 204 of that title, by
multiplying—
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for each
such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under
title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in section 119 of title 23, United States Code, that are exempt from
the limitation under subsection (b)(12) and the amounts apportioned under sections 202 and 204 of that title) in the proportion
that—
(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States
Code, to each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title
23, United States Code, to all States for such fiscal year.
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for—
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);

H. R. 2029—605
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not lapsed
or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note;
119 Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on obligations
at the time at which the funds were initially made available
for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2016, only in an amount
equal to $639,000,000).
(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall, after August 1
of such fiscal year—
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment
of Public Law 112–141) and 104 of title 23, United States
Code.
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under—
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America’s Surface Transportation Act.
(2) EXCEPTION.—Obligation authority made available under
paragraph (1) shall—
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—
(1) IN GENERAL.—Not later than 30 days after the date
of distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title
23, United States Code) that—

H. R. 2029—606
(A) are authorized to be appropriated for such fiscal
year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to
the States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not
be available for obligation, for such fiscal year because
of the imposition of any obligation limitation for such fiscal
year.
(2) RATIO.—Funds shall be distributed under paragraph
(1) in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) AVAILABILITY.—Funds distributed to each State under
paragraph (1) shall be available for any purpose described
in section 133(b) of title 23, United States Code.
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to chapter 63 of
title 49, United States Code, may be credited to the Federal-aid
highways account for the purpose of reimbursing the Bureau for
such expenses: Provided, That such funds shall be subject to the
obligation limitation for Federal-aid highway and highway safety
construction programs.
SEC. 122. Not less than 15 days prior to waiving, under his
or her statutory authority, any Buy America requirement for Federal-aid highways projects, the Secretary of Transportation shall
make an informal public notice and comment opportunity on the
intent to issue such waiver and the reasons therefor: Provided,
That the Secretary shall provide an annual report to the House
and Senate Committees on Appropriations on any waivers granted
under the Buy America requirements.
SEC. 123. None of the funds in this Act to the Department
of Transportation may be used to provide credit assistance unless
not less than 3 days before any application approval to provide
credit assistance under sections 603 and 604 of title 23, United
States Code, the Secretary of Transportation provides notification
in writing to the following committees: the House and Senate
Committees on Appropriations; the Committee on Environment and
Public Works and the Committee on Banking, Housing and Urban
Affairs of the Senate; and the Committee on Transportation and
Infrastructure of the House of Representatives: Provided, That such
notification shall include, but not be limited to, the name of the
project sponsor; a description of the project; whether credit assistance will be provided as a direct loan, loan guarantee, or line
of credit; and the amount of credit assistance.
SEC. 124. Section 127 of title 23, United States Code, is
amended—
(1) in each of subsections (a)(11)(A) and (B) by striking
‘‘through December 31, 2031’’, and
(2) by inserting at the end the following:
‘‘(t) VEHICLES IN IDAHO.—A vehicle limited or prohibited under
this section from operating on a segment of the Interstate System
in the State of Idaho may operate on such a segment if such
vehicle–
‘‘(1) has a gross vehicle weight of 129,000 pounds or less;
‘‘(2) other than gross vehicle weight, complies with the
single axle, tandem axle, and bridge formula limits set forth
in subsection (a); and

H. R. 2029—607
‘‘(3) is authorized to operate on such segment under Idaho
State law.’’.
SEC. 125. (a) A State or territory, as defined in section 165
of title 23, United States Code, may use for any project eligible
under section 133(b) of title 23 or section 165 of title 23 and
located within the boundary of the State or territory any earmarked
amount, and any associated obligation limitation, provided that
the Department of Transportation for the State or territory for
which the earmarked amount was originally designated or directed
notifies the Secretary of Transportation of its intent to use its
authority under this section and submits a quarterly report to
the Secretary identifying the projects to which the funding would
be applied. Notwithstanding the original period of availability of
funds to be obligated under this section, such funds and associated
obligation limitation shall remain available for obligation for a
period of 3 fiscal years after the fiscal year in which the Secretary
of Transportation is notified. The Federal share of the cost of
a project carried out with funds made available under this section
shall be the same as associated with the earmark.
(b) In this section, the term ‘‘earmarked amount’’ means—
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the fiscal year in which this Act becomes
effective, and administered by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of
the Rules of the House of Representatives identified in a prior
law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal
years prior to the fiscal year in which this Act becomes effective,
and administered by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only
for those projects or activities that have obligated less than 10
percent of the amount made available for obligation as of the
effective date of this Act, and shall be applied to projects within
the same general geographic area within 50 miles for which the
funding was designated, except that a State or territory may apply
such authority to unexpended balances of funds from projects or
activities the State or territory certifies have been closed and for
which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each quarter
to the House and Senate Committees on Appropriations.
SEC. 126. Notwithstanding any other provision of law, the
amount that the Secretary sets aside for fiscal year 2016 under
section 130(e)(1) of title 23, United States Code, for the elimination
of hazards and the installation of protective devices at railwayhighway crossings shall be $350,000,000.

H. R. 2029—608
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations
and programs pursuant to section 31110(a)–(c) of title 49, United
States Code, and section 4134 of Public Law 109–59, as amended
by Public Law 112–141, as amended by the Fixing America’s Surface
Transportation Act, $267,400,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account), together with
advances and reimbursements received by the Federal Motor Carrier Safety Administration, the sum of which shall remain available
until expended: Provided, That funds available for implementation,
execution or administration of motor carrier safety operations and
programs authorized under title 49, United States Code, shall not
exceed total obligations of $267,400,000 for ‘‘Motor Carrier Safety
Operations and Programs’’ for fiscal year 2016, of which $9,000,000,
to remain available for obligation until September 30, 2018, is
for the research and technology program, and of which $34,545,000,
to remain available for obligation until September 30, 2018, is
for information management: Provided further, That $1,000,000
shall be made available for commercial motor vehicle operator
grants to carry out section 4134 of Public Law 109–59, as amended
by Public Law 112–141, as amended by the Fixing America’s Surface
Transportation Act.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out sections
31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of title 49,
United States Code, and sections 4126 and 4128 of Public Law
109–59, as amended by Public Law 112–141, as amended by the
Fixing America’s Surface Transportation Act, $313,000,000, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That
funds available for the implementation or execution of motor carrier
safety programs shall not exceed total obligations of $313,000,000
in fiscal year 2016 for ‘‘Motor Carrier Safety Grants’’; of which
$218,000,000 shall be available for the motor carrier safety assistance program, $30,000,000 shall be available for commercial driver’s
license program improvement grants, $32,000,000 shall be available
for border enforcement grants, $5,000,000 shall be available for
performance and registration information system management
grants, $25,000,000 shall be available for the commercial vehicle
information systems and networks deployment program, and

H. R. 2029—609
$3,000,000 shall be available for safety data improvement grants:
Provided further, That, of the funds made available herein for
the motor carrier safety assistance program, $32,000,000 shall be
available for audits of new entrant motor carriers.
ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION

SEC. 130. (a) Funds appropriated or limited in this Act shall
be subject to the terms and conditions stipulated in section 350
of Public Law 107–87 and section 6901 of Public Law 110–28.
(b) Section 350(d) of the Department of Transportation and
Related Agencies Appropriation Act, 2002 (Public Law 107–87) is
hereby repealed.
SEC. 131. The Federal Motor Carrier Safety Administration
shall send notice of 49 CFR section 385.308 violations by certified
mail, registered mail, or another manner of delivery, which records
the receipt of the notice by the persons responsible for the violations.
SEC. 132. None of the funds limited or otherwise made available
under this Act, or any other Act, hereafter, shall be used by the
Secretary to enforce any regulation prohibiting a State from issuing
a commercial learner’s permit to individuals under the age of
eighteen if the State had a law authorizing the issuance of commercial learner’s permits to individuals under eighteen years of age
as of May 9, 2011.
SEC. 133. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to implement,
administer, or enforce sections 395.3(c) and 395.3(d) of title 49,
Code of Federal Regulations, and such section shall have no force
or effect on submission of the final report issued by the Secretary,
as required by section 133 of division K of Public Law 113–235,
unless the Secretary and the Inspector General of the Department
of Transportation each review and determine that the final report—
(1) meets the statutory requirements set forth in such
section; and
(2) establishes that commercial motor vehicle drivers who
operated under the restart provisions in effect between July
1, 2013, and the day before the date of enactment of such
Public Law demonstrated statistically significant improvement
in all outcomes related to safety, operator fatigue, driver health
and longevity, and work schedules, in comparison to commercial
motor vehicle drivers who operated under the restart provisions
in effect on June 30, 2013.
SEC. 134. None of the funds limited or otherwise made available
under the heading ‘‘Motor Carrier Safety Operations and Programs’’
may be used to deny an application to renew a Hazardous Materials
Safety Program permit for a motor carrier based on that carrier’s
Hazardous Materials Out-of-Service rate, unless the carrier has
the opportunity to submit a written description of corrective actions
taken, and other documentation the carrier wishes the Secretary
to consider, including submitting a corrective action plan, and the
Secretary determines the actions or plan is insufficient to address
the safety concerns that resulted in that Hazardous Materials Outof-Service rate.
SEC. 135. None of the funds made available by this Act or
previous appropriations Acts under the heading ‘‘Motor Carrier
Safety Operations and Programs’’ shall be used to pay for costs

H. R. 2029—610
associated with design, development, testing, or implementation
of a wireless roadside inspection program until 180 days after
the Secretary of Transportation certifies to the House and Senate
Committees on Appropriations that such program does not conflict
with existing non-Federal electronic screening systems, create
capabilities already available, or require additional statutory
authority to incorporate generated inspection data into safety determinations or databases, and has restrictions to specifically address
privacy concerns of affected motor carriers and operators: Provided,
That nothing in this section shall be construed as affecting the
Department’s ongoing research efforts in this area.
SEC. 136. Section 13506(a) of title 49, United States Code,
is amended:
(1) in subsection (14) by striking ‘‘or’’;
(2) in subsection (15) by striking ‘‘.’’ and inserting ‘‘; or’’;
and
(3) by inserting at the end, ‘‘(16) the transportation of
passengers by 9 to 15 passenger motor vehicles operated by
youth or family camps that provide recreational or educational
activities.’’.
SEC. 137. (a) IN GENERAL.—Section 31112(c)(5) of title 49,
United States Code, is amended—
(1) by striking ‘‘Nebraska may’’ and inserting ‘‘Nebraska
and Kansas may’’; and
(2) by striking ‘‘the State of Nebraska’’ and inserting ‘‘the
relevant state’’.
(b) CONFORMING AND TECHNICAL AMENDMENTS.—Section
31112(c) of such title is amended—
(1) by striking the subsection designation and heading and
inserting the following:
‘‘(c) SPECIAL RULES FOR WYOMING, OHIO, ALASKA, IOWA,
NEBRASKA, AND KANSAS.—’’;
(2) by striking ‘‘; and’’ at the end of paragraph (3) and
inserting a semicolon; and
(3) by striking the period at the end of paragraph (4)
and inserting ‘‘; and’’.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OPERATIONS AND RESEARCH

For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety authorized under
chapter 301 and part C of subtitle VI of title 49, United States
Code, $152,800,000, of which $20,000,000 shall remain available
through September 30, 2017.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, and chapter 303 of title 49, United States
Code, $142,900,000, to be derived from the Highway Trust Fund

H. R. 2029—611
(other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act shall
be available for the planning or execution of programs the total
obligations for which, in fiscal year 2016, are in excess of
$142,900,000, of which $137,800,000 shall be for programs authorized under 23 U.S.C. 403 and $5,100,000 shall be for the National
Driver Register authorized under chapter 303 of title 49, United
States Code: Provided further, That within the $142,900,000 obligation limitation for operations and research, $20,000,000 shall
remain available until September 30, 2017, and shall be in addition
to the amount of any limitation imposed on obligations for future
years.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out provisions
of 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing
America’s Surface Transportation Act, to remain available until
expended, $573,332,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account): Provided, That none
of the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in fiscal
year 2016, are in excess of $573,332,000 for programs authorized
under 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the
Fixing America’s Surface Transportation Act, of which $243,500,000
shall be for ‘‘Highway Safety Programs’’ under 23 U.S.C. 402;
$274,700,000 shall be for ‘‘National Priority Safety Programs’’ under
23 U.S.C. 405; $29,300,000 shall be for ‘‘High Visibility Enforcement
Program’’ under 23 U.S.C. 404; $25,832,000 shall be for ‘‘Administrative Expenses’’ under section 4001(a)(6) of the Fixing America’s
Surface Transportation Act: Provided further, That none of these
funds shall be used for construction, rehabilitation, or remodeling
costs, or for office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to exceed
$500,000 of the funds made available for ‘‘National Priority Safety
Programs’’ under 23 U.S.C. 405 for ‘‘Impaired Driving Countermeasures’’ (as described in subsection (d) of that section) shall
be available for technical assistance to the States: Provided further,
That with respect to the ‘‘Transfers’’ provision under 23 U.S.C.
405(a)(1)(G), any amounts transferred to increase the amounts made
available under section 402 shall include the obligation authority
for such amounts: Provided further, That the Administrator shall
notify the House and Senate Committees on Appropriations of any
exercise of the authority granted under the previous proviso or
under 23 U.S.C. 405(a)(1)(G) within five days.
ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION

SEC. 140. An additional $130,000 shall be made available to
the National Highway Traffic Safety Administration, out of the
amount limited for section 402 of title 23, United States Code,

H. R. 2029—612
to pay for travel and related expenses for State management reviews
and to pay for core competency development training and related
expenses for highway safety staff.
SEC. 141. The limitations on obligations for the programs of
the National Highway Traffic Safety Administration set in this
Act shall not apply to obligations for which obligation authority
was made available in previous public laws but only to the extent
that the obligation authority has not lapsed or been used.
SEC. 142. None of the funds made available by this Act may
be used to obligate or award funds for the National Highway
Traffic Safety Administration’s National Roadside Survey.
SEC. 143. None of the funds made available by this Act may
be used to mandate global positioning system (GPS) tracking in
private passenger motor vehicles without providing full and appropriate consideration of privacy concerns under 5 U.S.C. chapter
5, subchapter II.
FEDERAL RAILROAD ADMINISTRATION
SAFETY AND OPERATIONS

For necessary expenses of the Federal Railroad Administration,
not otherwise provided for, $199,000,000, of which $15,900,000 shall
remain available until expended.
RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development,
$39,100,000, to remain available until expended.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM

The Secretary of Transportation is authorized to issue direct
loans and loan guarantees pursuant to sections 501 through 504
of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94–210), as amended, such authority to exist as long
as any such direct loan or loan guarantee is outstanding. Provided,
That pursuant to section 502 of such Act, as amended, no new
direct loans or loan guarantee commitments shall be made using
Federal funds for the credit risk premium during fiscal year 2016.
RAILROAD SAFETY GRANTS

For necessary expenses related to railroad safety grants,
$50,000,000, to remain available until expended, of which not to
exceed $25,000,000 shall be available to carry out 49 U.S.C. 20167,
as in effect the day before the enactment of the Passenger Rail
Reform and Investment Act of 2015 (division A, title XI of the
Fixing America’s Surface Transportation Act); and not to exceed
$25,000,000 shall be made available to carry out 49 U.S.C. 20158.
OPERATING GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION

To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation, in amounts
based on the Secretary’s assessment of the Corporation’s seasonal
cash flow requirements, for the operation of intercity passenger

H. R. 2029—613
rail, as authorized by section 101 of the Passenger Rail Investment
and Improvement Act of 2008 (division B of Public Law 110–
432), as in effect the day before the enactment of the Passenger
Rail Reform and Investment Act of 2015 (division A, title XI of
the Fixing America’s Surface Transportation Act), $288,500,000,
to remain available until expended: Provided, That the amounts
available under this paragraph shall be available for the Secretary
to approve funding to cover operating losses for the Corporation
only after receiving and reviewing a grant request for each specific
train route: Provided further, That each such grant request shall
be accompanied by a detailed financial analysis, revenue projection,
and capital expenditure projection justifying the Federal support
to the Secretary’s satisfaction: Provided further, That not later
than 60 days after enactment of this Act, the Corporation shall
transmit, in electronic format, to the Secretary and the House
and Senate Committees on Appropriations the annual budget, business plan, the 5-Year Financial Plan for fiscal year 2016 required
under section 204 of the Passenger Rail Investment and Improvement Act of 2008 and the comprehensive fleet plan for all Amtrak
rolling stock: Provided further, That the budget, business plan
and the 5-Year Financial Plan shall include annual information
on the maintenance, refurbishment, replacement, and expansion
for all Amtrak rolling stock consistent with the comprehensive
fleet plan: Provided further, That the Corporation shall provide
monthly performance reports in an electronic format which shall
describe the work completed to date, any changes to the business
plan, and the reasons for such changes as well as progress against
the milestones and target dates of the 2012 performance improvement plan: Provided further, That the Corporation’s budget, business plan, 5-Year Financial Plan, semiannual reports, monthly
reports, comprehensive fleet plan and all supplemental reports or
plans comply with requirements in Public Law 112–55: Provided
further, That none of the funds provided in this Act may be used
to support any route on which Amtrak offers a discounted fare
of more than 50 percent off the normal peak fare: Provided further,
That the preceding proviso does not apply to routes where the
operating loss as a result of the discount is covered by a State
and the State participates in the setting of fares.
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD
PASSENGER CORPORATION

To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for capital investments as authorized by sections 101(c), 102, and 219(b) of the
Passenger Rail Investment and Improvement Act of 2008 (division
B of Public Law 110–432), as in effect the day before the enactment
of the Passenger Rail Reform and Investment Act of 2015 (division
A, title XI of the Fixing America’s Surface Transportation Act),
$1,101,500,000, to remain available until expended, of which not
to exceed $160,200,000 shall be for debt service obligations as
authorized by section 102 of such Act: Provided, That of the amounts
made available under this heading, not less than $50,000,000 shall
be made available to bring Amtrak-served facilities and stations
into compliance with the Americans with Disabilities Act: Provided
further, That after an initial distribution of up to $200,000,000,
which shall be used by the Corporation as a working capital account,

H. R. 2029—614
all remaining funds shall be provided to the Corporation only on
a reimbursable basis: Provided further, That of the amounts made
available under this heading, up to $50,000,000 may be used by
the Secretary to subsidize operating losses of the Corporation should
the funds provided under the heading ‘‘Operating Grants to the
National Railroad Passenger Corporation’’ be insufficient to meet
operational costs for fiscal year 2016: Provided further, That the
Secretary may retain up to one-half of 1 percent of the funds
provided under this heading to fund the costs of project management
and oversight of activities authorized by subsections 101(a) and
101(c) of division B of Public Law 110–432, of which up to $500,000
may be available for technical assistance for States, the District
of Columbia, and other public entities responsible for the
implementation of section 209 of division B of Public Law 110–
432: Provided further, That the Secretary shall approve funding
for capital expenditures, including advance purchase orders of materials, for the Corporation only after receiving and reviewing a
grant request for each specific capital project justifying the Federal
support to the Secretary’s satisfaction: Provided further, That except
as otherwise provided herein, none of the funds under this heading
may be used to subsidize operating losses of the Corporation: Provided further, That none of the funds under this heading may
be used for capital projects not approved by the Secretary of
Transportation or on the Corporation’s fiscal year 2016 business
plan: Provided further, That in addition to the project management
oversight funds authorized under section 101(d) of division B of
Public Law 110–432, the Secretary may retain up to an additional
$3,000,000 of the funds provided under this heading to fund
expenses associated with implementing section 212 of division B
of Public Law 110–432, including the amendments made by section
212 to section 24905 of title 49, United States Code: Provided
further, That Amtrak shall conduct a business case analysis on
capital investments that exceed $10,000,000 in life-cycle costs: Provided further, That each contract for a capital acquisition that
exceeds $10,000,000 in life-cycle costs shall state that funding is
subject to the availability of appropriated funds provided by an
appropriations Act.
ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION
(INCLUDING RESCISSIONS)

SEC. 150. The Secretary of Transportation may receive and
expend cash, or receive and utilize spare parts and similar items,
from non-United States Government sources to repair damages
to or replace United States Government owned automated track
inspection cars and equipment as a result of third-party liability
for such damages, and any amounts collected under this section
shall be credited directly to the Safety and Operations account
of the Federal Railroad Administration, and shall remain available
until expended for the repair, operation and maintenance of automated track inspection cars and equipment in connection with
the automated track inspection program.
SEC. 151. None of the funds provided to the National Railroad
Passenger Corporation may be used to fund any overtime costs
in excess of $35,000 for any individual employee: Provided, That
the President of Amtrak may waive the cap set in the previous

H. R. 2029—615
proviso for specific employees when the President of Amtrak determines such a cap poses a risk to the safety and operational efficiency
of the system: Provided further, That the President of Amtrak
shall report to the House and Senate Committees on Appropriations
each quarter of the calendar year on waivers granted to employees
and amounts paid above the cap for each month within such quarter
and delineate the reasons each waiver was granted: Provided further, That the President of Amtrak shall report to the House and
Senate Committees on Appropriations by March 1, 2016, a summary
of all overtime payments incurred by the Corporation for 2015
and the three prior calendar years: Provided further, That such
summary shall include the total number of employees that received
waivers and the total overtime payments the Corporation paid
to those employees receiving waivers for each month for 2015 and
for the three prior calendar years.
SEC. 152. Of the unobligated balances of funds available to
the Federal Railroad Administration from the ‘‘Railroad Research
and Development’’ account, $1,960,000 is permanently rescinded:
Provided, That such amounts are made available to enable the
Secretary of Transportation to assist Class II and Class III railroads
with eligible projects pursuant to sections 501 through 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (Public
Law 94–210), as amended: Provided further, That such funds shall
be available for applicant expenses in preparing to apply and
applying for direct loans and loan guarantees: Provided further,
That these funds shall remain available until expended.
SEC. 153. Of the unobligated balances of funds available to
the Federal Railroad Administration, the following funds are hereby
rescinded: $5,000,000 of the unobligated balances of funds made
available to fund expenses associated with implementing section
212 of division B of Public Law 110–432 in the Capital and Debt
Service Grants to the National Railroad Passenger Corporation
account of the Consolidated and Further Continuing Appropriations
Act, 2015; and $14,163,385 of the unobligated balances of funds
made available from the following accounts in the specified
amounts—‘‘Grants to the National Railroad Passenger Corporation’’,
$267,019; ‘‘Next Generation High-Speed Rail’’, $4,944,504; ‘‘Rail
Line Relocation and Improvement Program’’, $2,241,385; and
‘‘Safety and Operations’’, $6,710,477: Provided, That such amounts
are made available to enable the Secretary of Transportation to
make grants to the National Railroad Passenger Corporation as
authorized by section 101(c) of the Passenger Rail Investment and
Improvement Act of 2008 (division B of Public Law 110–432) for
state-of-good-repair backlog and infrastructure improvements on
Northeast Corridor shared-use infrastructure identified in the
Northeast Corridor Infrastructure and Operations Advisory
Commission’s approved 5-year capital plan: Provided further, That
these funds shall remain available until expended and shall be
available for grants in an amount not to exceed 50 percent of
the total project cost, with the required matching funds to be
provided consistent with the Commission’s cost allocation policy.

H. R. 2029—616
FEDERAL TRANSIT ADMINISTRATION
ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Federal Transit
Administration’s programs authorized by chapter 53 of title 49,
United States Code, $108,000,000, of which not more than
$6,500,000 shall be available to carry out the provisions of 49
U.S.C. 5329 and not less than $1,000,000 shall be available to
carry out the provisions of 49 U.S.C. 5326: Provided, That none
of the funds provided or limited in this Act may be used to create
a permanent office of transit security under this heading: Provided
further, That upon submission to the Congress of the fiscal year
2017 President’s budget, the Secretary of Transportation shall
transmit to Congress the annual report on New Starts, including
proposed allocations for fiscal year 2017.
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment
of obligations incurred in carrying out the provisions of 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337,
5339, and 5340, as amended by the Fixing America’s Surface
Transportation Act, and section 20005(b) of Public Law 112–141,
and section 3006(b) of the Fixing America’s Surface Transportation
Act, $10,400,000,000, to be derived from the Mass Transit Account
of the Highway Trust Fund and to remain available until expended:
Provided, That funds available for the implementation or execution
of programs authorized under 49 U.S.C. 5305, 5307, 5310, 5311,
5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as
amended by the Fixing America’s Surface Transportation Act, and
section 20005(b) of Public Law 112–141, and section 3006(b) of
the Fixing America’s Surface Transportation Act, shall not exceed
total obligations of $9,347,604,639 in fiscal year 2016.
CAPITAL INVESTMENT GRANTS

For necessary expenses to carry out 49
$2,177,000,000, to remain available until expended.

U.S.C.

5309,

GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY

For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of Public
Law 110–432, $150,000,000, to remain available until expended:
Provided, That the Secretary of Transportation shall approve grants
for capital and preventive maintenance expenditures for the Washington Metropolitan Area Transit Authority only after receiving
and reviewing a request for each specific project: Provided further,
That prior to approving such grants, the Secretary shall certify

H. R. 2029—617
that the Washington Metropolitan Area Transit Authority is making
progress to improve its safety management system in response
to the Federal Transit Administration’s 2015 safety management
inspection: Provided further, That prior to approving such grants,
the Secretary shall certify that the Washington Metropolitan Area
Transit Authority is making progress toward full implementation
of the corrective actions identified in the 2014 Financial Management Oversight Review Report: Provided further, That the Secretary
shall determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on those investments
that will improve the safety of the system before approving such
grants: Provided further, That the Secretary, in order to ensure
safety throughout the rail system, may waive the requirements
of section 601(e)(1) of title VI of Public Law 110–432 (112 Stat.
4968).
ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION
(INCLUDING RESCISSION)

SEC. 160. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation,
or to any other authority previously made available for obligation.
SEC. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ‘‘Fixed Guideway Capital Investment’’ of the Federal Transit Administration
for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2020, and other
recoveries, shall be directed to projects eligible to use the funds
for the purposes for which they were originally provided.
SEC. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2015, under any section of
chapter 53 of title 49, United States Code, that remain available
for expenditure, may be transferred to and administered under
the most recent appropriation heading for any such section.
SEC. 163. Notwithstanding any other provision of law, none
of the funds made available in this Act shall be used to enter
into a full funding grant agreement for a project with a New
Starts share greater than 60 percent.
SEC. 164. (a) LOSS OF ELIGIBILITY.—Except as provided in subsection (b), none of the funds in this or any other Act may be
available to advance in any way a new light or heavy rail project
towards a full funding grant agreement as defined by 49 U.S.C.
5309 for the Metropolitan Transit Authority of Harris County,
Texas if the proposed capital project is constructed on or planned
to be constructed on Richmond Avenue west of South Shepherd
Drive or on Post Oak Boulevard north of Richmond Avenue in
Houston, Texas.
(b) EXCEPTION FOR A NEW ELECTION.—The Metropolitan
Transit Authority of Harris County, Texas, may attempt to construct or construct a new fixed guideway capital project, including
light rail, in the locations referred to in subsection (a) if—
(1) voters in the jurisdiction that includes such locations
approve a ballot proposition that specifies routes on Richmond
Avenue west of South Shepherd Drive or on Post Oak Boulevard
north of Richmond Avenue in Houston, Texas; and

H. R. 2029—618
(2) the proposed construction of such routes is part of
a comprehensive, multi-modal, service-area wide transportation
plan that includes multiple additional segments of fixed guideway capital projects, including light rail for the jurisdiction
set forth in the ballot proposition. The ballot language shall
include reasonable cost estimates, sources of revenue to be
used and the total amount of bonded indebtedness to be
incurred as well as a description of each route and the beginning and end point of each proposed transit project.
SEC. 165. Of the unobligated amounts made available for fiscal
year 2012 or prior fiscal years to carry out the discretionary bus
and bus facilities and new fixed guideway capital projects programs
under 49 U.S.C. 5309 and the discretionary job access and reverse
commute program under section 3037 of the Transportation Equity
Act for the 21st Century, $25,397,797 is hereby rescinded.
SEC. 166. Until September 15, 2016, the Secretary may not
enforce regulations related to charter bus service under part 604
of title 49, Code of Federal Regulations, for any transit agency
that, during fiscal year 2008 was both initially granted a 60-day
period to come into compliance with part 604, and then was subsequently granted an exception from said part: Provided, That notwithstanding 49 U.S.C. 5323(t), such transit agency may receive
its allocation of urbanized area formula funds apportioned in accordance with 49 U.S.C. 5336.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
The Saint Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits
of funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set
forth in the Corporation’s budget for the current fiscal year.
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses to conduct the operations, maintenance,
and capital asset renewal activities of those portions of the St.
Lawrence Seaway owned, operated, and maintained by the Saint
Lawrence Seaway Development Corporation, $28,400,000, to be
derived from the Harbor Maintenance Trust Fund, pursuant to
Public Law 99–662.
MARITIME ADMINISTRATION
MARITIME SECURITY PROGRAM

For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $210,000,000, to remain available until expended.

H. R. 2029—619
OPERATIONS AND TRAINING

For necessary expenses of operations and training activities
authorized by law, $171,155,000, of which $22,000,000 shall remain
available until expended for maintenance and repair of training
ships at State Maritime Academies, and of which $5,000,000 shall
remain available until expended for National Security Multi-Mission
Vessel design for State Maritime Academies and National Security,
and of which $2,400,000 shall remain available through September
30, 2017, for the Student Incentive Program at State Maritime
Academies, and of which $1,200,000 shall remain available until
expended for training ship fuel assistance payments, and of which
$18,000,000 shall remain available until expended for facilities
maintenance and repair, equipment, and capital improvements at
the United States Merchant Marine Academy, and of which
$3,000,000 shall remain available through September 30, 2017,
for Maritime Environment and Technology Assistance grants, contracts, and cooperative agreement, and of which $5,000,000 shall
remain available until expended for the Short Sea Transportation
Program (America’s Marine Highways) to make grants for the purposes provided in title 46 sections 55601(b)(1) and 55601(b)(3):
Provided, That amounts apportioned for the United States Merchant
Marine Academy shall be available only upon allotments made
personally by the Secretary of Transportation or the Assistant Secretary for Budget and Programs: Provided further, That the Superintendent, Deputy Superintendent and the Director of the Office
of Resource Management of the United States Merchant Marine
Academy may not be allotment holders for the United States Merchant Marine Academy, and the Administrator of the Maritime
Administration shall hold all allotments made by the Secretary
of Transportation or the Assistant Secretary for Budget and Programs under the previous proviso: Provided further, That 50 percent
of the funding made available for the United States Merchant
Marine Academy under this heading shall be available only after
the Secretary, in consultation with the Superintendent and the
Maritime Administrator, completes a plan detailing by program
or activity how such funding will be expended at the Academy,
and this plan is submitted to the House and Senate Committees
on Appropriations: Provided further, That not later than January
12, 2016, the Administrator of the Maritime Administration shall
transmit to the House and Senate Committees on Appropriations
the annual report on sexual assault and sexual harassment at
the United States Merchant Marine Academy as required pursuant
to section 3507 of Public Law 110–417.
ASSISTANCE TO SMALL SHIPYARDS

To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, as amended by Public
Law 113–281, $5,000,000 to remain available until expended: Provided, That the Secretary shall issue the Notice of Funding Availability no later than 15 days after enactment of this Act: Provided
further, That from applications submitted under the previous proviso, the Secretary of Transportation shall make grants no later
than 120 days after enactment of this Act in such amounts as
the Secretary determines: Provided further, That not to exceed
2 percent of the funds appropriated under this heading shall be
available for necessary costs of grant administration.

H. R. 2029—620
SHIP DISPOSAL

For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $5,000,000, to remain available until expended.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, as authorized, $8,135,000,
of which $5,000,000 shall remain available until expended: Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That not to exceed
$3,135,000 shall be available for administrative expenses to carry
out the guaranteed loan program, which shall be transferred to
and merged with the appropriations for ‘‘Operations and Training’’,
Maritime Administration.
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

SEC. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime Administration
is authorized to furnish utilities and services and make necessary
repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration: Provided, That payments received therefor shall
be credited to the appropriation charged with the cost thereof
and shall remain available until expended: Provided further, That
rental payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall be covered
into the Treasury as miscellaneous receipts.
SEC. 171. None of the funds available or appropriated in this
Act shall be used by the United States Department of Transportation or the United States Maritime Administration to negotiate
or otherwise execute, enter into, facilitate or perform fee-for-service
contracts for vessel disposal, scrapping or recycling, unless there
is no qualified domestic ship recycler that will pay any sum of
money to purchase and scrap or recycle a vessel owned, operated
or managed by the Maritime Administration or that is part of
the National Defense Reserve Fleet: Provided, That such sales
offers must be consistent with the solicitation and provide that
the work will be performed in a timely manner at a facility qualified
within the meaning of section 3502 of Public Law 106–398: Provided
further, That nothing contained herein shall affect the Maritime
Administration’s authority to award contracts at least cost to the
Federal Government and consistent with the requirements of 54
U.S.C. 308704, section 3502, or otherwise authorized under the
Federal Acquisition Regulation.
PIPELINE

AND

HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OPERATIONAL EXPENSES

For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $21,000,000: Provided,
That no later than 90 days after the date of enactment of this

H. R. 2029—621
Act, the Secretary of Transportation shall initiate a rulemaking
to expand the applicability of comprehensive oil spill response plans,
and shall issue a final rule no later than one year after the date
of enactment of this Act.
HAZARDOUS MATERIALS SAFETY

For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials Safety
Administration, $55,619,000, of which $7,570,000 shall remain
available until September 30, 2018: Provided, That up to $800,000
in fees collected under 49 U.S.C. 5108(g) shall be deposited in
the general fund of the Treasury as offsetting receipts: Provided
further, That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)

For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$146,623,000, of which $22,123,000 shall be derived from the Oil
Spill Liability Trust Fund and shall remain available until September 30, 2018; and of which $124,500,000 shall be derived from
the Pipeline Safety Fund, of which $59,835,000 shall remain available until September 30, 2018: Provided, That not less than
$1,058,000 of the funds provided under this heading shall be for
the One-Call state grant program: Provided further, That not less
than $1,000,000 of the funds provided under this heading shall
be for the finalization and implementation of rules required under
section 60102(n) of title 49, United States Code, and section 8(b)(3)
of the Pipeline Safety, Regulatory Certainty, and Job Creation
Act of 2011 (49 U.S.C. 60108 note; 125 Stat. 1911).
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)

For necessary expenses to carryout 49 U.S.C. 5128(b), $188,000,
to be derived from the Emergency Preparedness Fund, to remain
available until September 30, 2017: Provided, That notwithstanding
the fiscal year limitation specified in 49 U.S.C. 5116, not more
than $28,318,000 shall be made available for obligation in fiscal
year 2016 from amounts made available by 49 U.S.C. 5116(h),
and 5128(b) and (c): Provided further, That notwithstanding 49
U.S.C. 5116(h)(4), not more than 4 percent of the amounts made
available from this account shall be available to pay administrative
costs: Provided further, That none of the funds made available
by 49 U.S.C. 5116(h), 5128(b), or 5128(c) shall be made available

H. R. 2029—622
for obligation by individuals other than the Secretary of Transportation, or his or her designee: Provided further, That notwithstanding 49 U.S.C. 5128(b) and (c) and the current year obligation
limitation, prior year recoveries recognized in the current year
shall be available to develop a hazardous materials response
training curriculum for emergency responders, including response
activities for the transportation of crude oil, ethanol and other
flammable liquids by rail, consistent with National Fire Protection
Association standards, and to make such training available through
an electronic format: Provided further, That the prior year recoveries made available under this heading shall also be available
to carry out 49 U.S.C. 5116(a)(1)(C) and 5116(i).
OFFICE

OF INSPECTOR

GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of the Inspector General
to carry out the provisions of the Inspector General Act of 1978,
as amended, $87,472,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App.
3), to investigate allegations of fraud, including false statements
to the government (18 U.S.C. 1001), by any person or entity that
is subject to regulation by the Department of Transportation: Provided further, That the funds made available under this heading
may be used to investigate, pursuant to section 41712 of title
49, United States Code: (1) unfair or deceptive practices and unfair
methods of competition by domestic and foreign air carriers and
ticket agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.
SURFACE TRANSPORTATION BOARD
SALARIES AND EXPENSES

For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $32,375,000: Provided, That notwithstanding any other provision of law, not to
exceed $1,250,000 from fees established by the Chairman of the
Surface Transportation Board shall be credited to this appropriation
as offsetting collections and used for necessary and authorized
expenses under this heading: Provided further, That the sum herein
appropriated from the general fund shall be reduced on a dollarfor-dollar basis as such offsetting collections are received during
fiscal year 2016, to result in a final appropriation from the general
fund estimated at no more than $31,125,000.
GENERAL PROVISIONS—DEPARTMENT

OF

TRANSPORTATION

SEC. 180. During the current fiscal year, applicable appropriations to the Department of Transportation shall be available for
maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901–5902).

H. R. 2029—623
SEC. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the
per diem rate equivalent to the rate for an Executive Level IV.
SEC. 182. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and Presidential
appointees in the Department of Transportation: Provided, That
none of the personnel covered by this provision may be assigned
on temporary detail outside the Department of Transportation.
SEC. 183. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1),
except as provided in 18 U.S.C. 2721 for a use permitted under
18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
SEC. 184. Funds received by the Federal Highway Administration and Federal Railroad Administration from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training may be credited respectively to the
Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account
and to the Federal Railroad Administration’s ‘‘Safety and Operations’’ account, except for State rail safety inspectors participating
in training pursuant to 49 U.S.C. 20105.
SEC. 185. None of the funds in this Act to the Department
of Transportation may be used to make a loan, loan guarantee,
line of credit, or grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less
than 3 full business days before any project competitively selected
to receive a discretionary grant award, any discretionary grant
award, letter of intent, loan commitment, loan guarantee commitment, line of credit commitment, or full funding grant agreement
totaling $750,000 or more is announced by the department or its
modal administrations from—
(1) any discretionary grant or federal credit program of
the Federal Highway Administration including the emergency
relief program;
(2) the airport improvement program of the Federal Aviation Administration;
(3) any program of the Federal Railroad Administration;
(4) any program of the Federal Transit Administration
other than the formula grants and fixed guideway modernization programs;
(5) any program of the Maritime Administration; or
(6) any funding provided under the headings ‘‘National
Infrastructure Investments’’ in this Act:
Provided, That the Secretary gives concurrent notification to the
House and Senate Committees on Appropriations for any ‘‘quick
release’’ of funds from the emergency relief program: Provided further, That no notification shall involve funds that are not available
for obligation.
SEC. 186. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be

H. R. 2029—624
credited to appropriations of the Department of Transportation
and allocated to elements of the Department of Transportation
using fair and equitable criteria and such funds shall be available
until expended.
SEC. 187. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor under
a financial assistance award, which are recovered pursuant to law,
shall be available—
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1)
and (2)—
(A) shall be credited to and merged with the appropriation from which the improper payments were made, and
shall be available for the purposes and period for which
such appropriations are available: Provided further, That
where specific project or accounting information associated
with the improper payment or payments is not readily
available, the Secretary may credit an appropriate account,
which shall be available for the purposes and period associated with the account so credited; or
(B) if no such appropriation remains available, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That prior to the transfer of any such
recovery to an appropriations account, the Secretary shall
notify the House and Senate Committees on Appropriations
of the amount and reasons for such transfer: Provided
further, That for purposes of this section, the term
‘‘improper payments’’ has the same meaning as that provided in section 2(d)(2) of Public Law 107–300.
SEC. 188. Notwithstanding any other provision of law, if any
funds provided in or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and
Senate Committees on Appropriations, transmission of said reprogramming notice shall be provided solely to the House and
Senate Committees on Appropriations, and said reprogramming
action shall be approved or denied solely by the House and Senate
Committees on Appropriations: Provided, That the Secretary of
Transportation may provide notice to other congressional committees of the action of the House and Senate Committees on Appropriations on such reprogramming but not sooner than 30 days
following the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on Appropriations.
SEC. 189. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board of the Department of Transportation to charge or collect
any filing fee for rate or practice complaints filed with the Board
in an amount in excess of the amount authorized for district court
civil suit filing fees under section 1914 of title 28, United States
Code.

H. R. 2029—625
SEC. 190. Funds appropriated in this Act to the modal administrations may be obligated for the Office of the Secretary for the
costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are
purchased to provide a direct benefit to the applicable modal
administration or administrations.
SEC. 191. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits
authorized under section 7905 of title 5, United States Code,
including distribution of transit benefits by various paper and electronic media.
SEC. 192. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract under
title 49 U.S.C. or title 23 U.S.C. utilizing geographic, economic,
or any other hiring preference not otherwise authorized by law,
except for such preferences authorized in this Act, or to amend
a rule, regulation, policy or other measure that forbids a recipient
of a Federal Highway Administration or Federal Transit Administration grant from imposing such hiring preference on a contract
or construction project with which the Department of Transportation is assisting, only if the grant recipient certifies the following:
(1) that except with respect to apprentices or trainees,
a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work
that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy
such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
This title may be cited as the ‘‘Department of Transportation
Appropriations Act, 2016’’.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
MANAGEMENT

AND

ADMINISTRATION

EXECUTIVE OFFICES

For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary, Deputy
Secretary, Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business
Utilization, and the Center for Faith-Based and Neighborhood Partnerships, $13,800,000: Provided, That not to exceed $25,000 of
the amount made available under this heading shall be available
to the Secretary for official reception and representation expenses
as the Secretary may determine.

H. R. 2029—626
ADMINISTRATIVE SUPPORT OFFICES

For necessary salaries and expenses for Administrative Support
Offices, $559,100,000, of which $79,000,000 shall be available for
the Office of the Chief Financial Officer; $94,500,000 shall be available for the Office of the General Counsel; $207,600,000 shall be
available for the Office of Administration; $56,300,000 shall be
available for the Office of the Chief Human Capital Officer;
$51,500,000 shall be available for the Office of Field Policy and
Management; $17,200,000 shall be available for the Office of the
Chief Procurement Officer; $3,300,000 shall be available for the
Office of Departmental Equal Employment Opportunity; $4,500,000
shall be available for the Office of Strategic Planning and Management; and $45,200,000 shall be available for the Office of the
Chief Information Officer: Provided, That funds provided under
this heading may be used for necessary administrative and nonadministrative expenses of the Department of Housing and Urban
Development, not otherwise provided for, including purchase of
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–
5902; hire of passenger motor vehicles; and services as authorized
by 5 U.S.C. 3109: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may be
used for advertising and promotional activities that directly support
program activities funded in this title: Provided further, That the
Secretary shall provide the House and Senate Committees on Appropriations quarterly written notification regarding the status of
pending congressional reports: Provided further, That the Secretary
shall provide in electronic form all signed reports required by Congress.
PROGRAM OFFICE SALARIES

AND

EXPENSES

PUBLIC AND INDIAN HOUSING

For necessary salaries and expenses of the Office of Public
and Indian Housing, $205,500,000.
COMMUNITY PLANNING AND DEVELOPMENT

For necessary salaries and expenses of the Office of Community
Planning and Development, $104,800,000.
HOUSING

For necessary salaries and expenses of the Office of Housing,
$375,000,000.
POLICY DEVELOPMENT AND RESEARCH

For necessary salaries and expenses of the Office of Policy
Development and Research, $23,100,000.
FAIR HOUSING AND EQUAL OPPORTUNITY

For necessary salaries and expenses of the Office of Fair
Housing and Equal Opportunity, $72,000,000.

H. R. 2029—627
OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES

For necessary salaries and expenses of the Office of Lead
Hazard Control and Healthy Homes, $7,000,000.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)

There is hereby established in the United States Treasury,
pursuant to section 7(f) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(f)), a working capital fund for
the Department of Housing and Urban Development (referred to
in this paragraph as the ‘‘Fund’’): Provided, That amounts transferred to the Fund under this heading shall be available for Federal
shared services used by offices and agencies of the Department,
and for such portion of any office or agency’s printing, records
management, space renovation, furniture, or supply services as
the Secretary determines shall be derived from centralized sources
made available by the Department to all offices and agencies and
funded through the Fund: Provided further, That of the amounts
made available in this title for salaries and expenses under the
headings ‘‘Executive Offices’’, ‘‘Administrative Support Offices’’,
‘‘Program Office Salaries and Expenses’’, and ‘‘Government National
Mortgage Association’’, the Secretary shall transfer to the Fund
such amounts, to remain available until expended, as are necessary
to fund services, specified in the first proviso, for which the appropriation would otherwise have been available, and may transfer
not to exceed an additional $10,000,000, in aggregate, from all
such appropriations, to be merged with the Fund and to remain
available until expended for use for any office or agency: Provided
further, That amounts in the Fund shall be the only amounts
available to each office or agency of the Department for the services,
or portion of services, specified in the first proviso: Provided further,
That with respect to the Fund, the authorities and conditions under
this heading shall supplant the authorities and conditions provided
under section 7(f) of the Department of Housing and Urban Development Act.
PUBLIC

AND INDIAN

HOUSING

TENANT-BASED RENTAL ASSISTANCE

For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act
of 1937, as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein),
not otherwise provided for, $15,628,525,000, to remain available
until expended, shall be available on October 1, 2015 (in addition
to the $4,000,000,000 previously appropriated under this heading
that shall be available on October 1, 2015), and $4,000,000,000,
to remain available until expended, shall be available on October
1, 2016: Provided, That the amounts made available under this
heading are provided as follows:
(1) $17,681,451,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act) and including renewal of other special purpose incremental

H. R. 2029—628
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2016 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary,
by notice published in the Federal Register, and by making
any necessary adjustments for the costs associated with the
first-time renewal of vouchers under this paragraph including
tenant protection, HOPE VI, and Choice Neighborhoods
vouchers: Provided further, That in determining calendar year
2016 funding allocations under this heading for public housing
agencies, including agencies participating in the Moving To
Work (MTW) demonstration, the Secretary may take into
account the anticipated impact of changes in targeting and
utility allowances, on public housing agencies’ contract renewal
needs: Provided further, That none of the funds provided under
this paragraph may be used to fund a total number of unit
months under lease which exceeds a public housing agency’s
authorized level of units under contract, except for public
housing agencies participating in the MTW demonstration,
which are instead governed by the terms and conditions of
their MTW agreements: Provided further, That the Secretary
shall, to the extent necessary to stay within the amount specified under this paragraph (except as otherwise modified under
this paragraph), prorate each public housing agency’s allocation
otherwise established pursuant to this paragraph: Provided
further, That except as provided in the following provisos, the
entire amount specified under this paragraph (except as otherwise modified under this paragraph) shall be obligated to the
public housing agencies based on the allocation and pro rata
method described above, and the Secretary shall notify public
housing agencies of their annual budget by the latter of 60
days after enactment of this Act or March 1, 2016: Provided
further, That the Secretary may extend the notification period
with the prior written approval of the House and Senate
Committees on Appropriations: Provided further, That public
housing agencies participating in the MTW demonstration shall
be funded pursuant to their MTW agreements and shall be
subject to the same pro rata adjustments under the previous
provisos: Provided further, That the Secretary may offset public
housing agencies’ calendar year 2016 allocations based on the
excess amounts of public housing agencies’ net restricted assets
accounts, including HUD held programmatic reserves (in
accordance with VMS data in calendar year 2015 that is
verifiable and complete), as determined by the Secretary: Provided further, That public housing agencies participating in
the MTW demonstration shall also be subject to the offset,
as determined by the Secretary, excluding amounts subject
to the single fund budget authority provisions of their MTW
agreements, from the agencies’ calendar year 2016 MTW
funding allocation: Provided further, That the Secretary shall
use any offset referred to in the previous two provisos throughout the calendar year to prevent the termination of rental
assistance for families as the result of insufficient funding,
as determined by the Secretary, and to avoid or reduce the

H. R. 2029—629
proration of renewal funding allocations: Provided further, That
up to $75,000,000 shall be available only: (1) for adjustments
in the allocations for public housing agencies, after application
for an adjustment by a public housing agency that experienced
a significant increase, as determined by the Secretary, in
renewal costs of vouchers resulting from unforeseen circumstances or from portability under section 8(r) of the Act;
(2) for vouchers that were not in use during the previous
12-month period in order to be available to meet a commitment
pursuant to section 8(o)(13) of the Act; (3) for adjustments
for costs associated with HUD-Veterans Affairs Supportive
Housing (HUD–VASH) vouchers; and (4) for public housing
agencies that despite taking reasonable cost savings measures,
as determined by the Secretary, would otherwise be required
to terminate rental assistance for families as a result of insufficient funding: Provided further, That the Secretary shall allocate amounts under the previous proviso based on need, as
determined by the Secretary;
(2) $130,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are demolished or disposed of pursuant to section 18 of the Act, conversion
of section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation
of witnesses in connection with efforts to combat crime in
public and assisted housing pursuant to a request from a law
enforcement or prosecution agency, enhanced vouchers under
any provision of law authorizing such assistance under section
8(t) of the Act, HOPE VI and Choice Neighborhood vouchers,
mandatory and voluntary conversions, and tenant protection
assistance including replacement and relocation assistance or
for project-based assistance to prevent the displacement of
unassisted elderly tenants currently residing in section 202
properties financed between 1959 and 1974 that are refinanced
pursuant to Public Law 106–569, as amended, or under the
authority as provided under this Act: Provided, That when
a public housing development is submitted for demolition or
disposition under section 18 of the Act, the Secretary may
provide section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided further,
That the Secretary may only provide replacement vouchers
for units that were occupied within the previous 24 months
that cease to be available as assisted housing, subject only
to the availability of funds: Provided further, That of the
amounts made available under this paragraph, $5,000,000 may
be available to provide tenant protection assistance, not otherwise provided under this paragraph, to residents residing in
low vacancy areas and who may have to pay rents greater
than 30 percent of household income, as the result of: (A)
the maturity of a HUD-insured, HUD-held or section 202 loan
that requires the permission of the Secretary prior to loan
prepayment; (B) the expiration of a rental assistance contract
for which the tenants are not eligible for enhanced voucher
or tenant protection assistance under existing law; or (C) the
expiration of affordability restrictions accompanying a mortgage
or preservation program administered by the Secretary: Provided further, That such tenant protection assistance made
available under the previous proviso may be provided under

H. R. 2029—630
the authority of section 8(t) or section 8(o)(13) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(t)): Provided further, That any tenant protection voucher made available from
amounts under this paragraph shall not be reissued by any
public housing agency, except the replacement vouchers as
defined by the Secretary by notice, when the initial family
that received any such voucher no longer receives such voucher,
and the authority for any public housing agency to issue any
such voucher shall cease to exist: Provided further, That the
Secretary, for the purpose under this paragraph, may use
unobligated balances, including recaptures and carryovers,
remaining from amounts appropriated in prior fiscal years
under this heading for voucher assistance for nonelderly disabled families and for disaster assistance made available under
Public Law 110–329;
(3) $1,650,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section
8 tenant-based rental assistance program, of which up to
$10,000,000 shall be available to the Secretary to allocate to
public housing agencies that need additional funds to administer their section 8 programs, including fees associated with
section 8 tenant protection rental assistance, the administration
of disaster related vouchers, Veterans Affairs Supportive
Housing vouchers, and other special purpose incremental
vouchers: Provided, That no less than $1,640,000,000 of the
amount provided in this paragraph shall be allocated to public
housing agencies for the calendar year 2016 funding cycle based
on section 8(q) of the Act (and related Appropriation Act provisions) as in effect immediately before the enactment of the
Quality Housing and Work Responsibility Act of 1998 (Public
Law 105–276): Provided further, That if the amounts made
available under this paragraph are insufficient to pay the
amounts determined under the previous proviso, the Secretary
may decrease the amounts allocated to agencies by a uniform
percentage applicable to all agencies receiving funding under
this paragraph or may, to the extent necessary to provide
full payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and
carryovers, remaining from funds appropriated to the Department of Housing and Urban Development under this heading
from prior fiscal years, excluding special purpose vouchers,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That all public housing agencies
participating in the MTW demonstration shall be funded pursuant to their MTW agreements, and shall be subject to the
same uniform percentage decrease as under the previous proviso: Provided further, That amounts provided under this paragraph shall be only for activities related to the provision of
tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $107,074,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering
the special purpose vouchers in this paragraph shall be funded
under the same terms and be subject to the same pro rata

H. R. 2029—631
reduction as the percent decrease for administrative and other
expenses to public housing agencies under paragraph (3) of
this heading;
(5) $60,000,000 for incremental rental voucher assistance
for use through a supported housing program administered
in conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and
Urban Development shall make such funding available, notwithstanding section 204 (competition provision) of this title,
to public housing agencies that partner with eligible VA Medical
Centers or other entities as designated by the Secretary of
the Department of Veterans Affairs, based on geographical
need for such assistance as identified by the Secretary of the
Department of Veterans Affairs, public housing agency administrative performance, and other factors as specified by the Secretary of Housing and Urban Development in consultation with
the Secretary of the Department of Veterans Affairs: Provided
further, That the Secretary of Housing and Urban Development
may waive, or specify alternative requirements for (in consultation with the Secretary of the Department of Veterans Affairs),
any provision of any statute or regulation that the Secretary
of Housing and Urban Development administers in connection
with the use of funds made available under this paragraph
(except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding
by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: Provided further, That assistance made available under this paragraph shall continue to
remain available for homeless veterans upon turn-over; and
(6) the Secretary shall separately track all special purpose
vouchers funded under this heading.
HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)

Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing
and Urban Development under this heading, the heading ‘‘Annual
Contributions for Assisted Housing’’ and the heading ‘‘Project-Based
Rental Assistance’’, for fiscal year 2016 and prior years may be
used for renewal of or amendments to section 8 project-based contracts and for performance-based contract administrators, notwithstanding the purposes for which such funds were appropriated:
Provided, That any obligated balances of contract authority from
fiscal year 1974 and prior that have been terminated shall be
rescinded: Provided further, That amounts heretofore recaptured,
or recaptured during the current fiscal year, from section 8 projectbased contracts from source years fiscal year 1975 through fiscal
year 1987 are hereby rescinded, and an amount of additional new
budget authority, equivalent to the amount rescinded is hereby
appropriated, to remain available until expended, for the purposes
set forth under this heading, in addition to amounts otherwise
available.

H. R. 2029—632
PUBLIC HOUSING CAPITAL FUND

For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing agencies, as
authorized under section 9 of the United States Housing Act of
1937 (42 U.S.C. 1437g) (the ‘‘Act’’) $1,900,000,000, to remain available until September 30, 2019: Provided, That notwithstanding
any other provision of law or regulation, during fiscal year 2016,
the Secretary of Housing and Urban Development may not delegate
to any Department official other than the Deputy Secretary and
the Assistant Secretary for Public and Indian Housing any authority
under paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for purposes
of such section 9(j), the term ‘‘obligate’’ means, with respect to
amounts, that the amounts are subject to a binding agreement
that will result in outlays, immediately or in the future: Provided
further, That up to $3,000,000 shall be to support ongoing Public
Housing Financial and Physical Assessment activities: Provided
further, That up to $1,000,000 shall be to support the costs of
administrative and judicial receiverships: Provided further, That
of the total amount provided under this heading, not to exceed
$21,500,000 shall be available for the Secretary to make grants,
notwithstanding section 204 of this Act, to public housing agencies
for emergency capital needs including safety and security measures
necessary to address crime and drug-related activity as well as
needs resulting from unforeseen or unpreventable emergencies and
natural disasters excluding Presidentially declared emergencies and
natural disasters under the Robert T. Stafford Disaster Relief and
Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year
2016: Provided further, That of the amount made available under
the previous proviso, not less than $5,000,000 shall be for safety
and security measures: Provided further, That of the total amount
provided under this heading $35,000,000 shall be for supportive
services, service coordinator and congregate services as authorized
by section 34 of the Act (42 U.S.C. 1437z–6) and the Native American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.): Provided further, That of the total amount
made available under this heading, $15,000,000 shall be for a
Jobs-Plus initiative modeled after the Jobs-Plus demonstration: Provided further, That the funding provided under the previous proviso
shall provide competitive grants to partnerships between public
housing authorities, local workforce investment boards established
under section 117 of the Workforce Investment Act of 1998, and
other agencies and organizations that provide support to help public
housing residents obtain employment and increase earnings: Provided further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce investment
boards, and leverage service dollars: Provided further, That the
Secretary may allow public housing agencies to request exemptions
from rent and income limitation requirements under sections 3
and 6 of the United States Housing Act of 1937 as necessary
to implement the Jobs-Plus program, on such terms and conditions
as the Secretary may approve upon a finding by the Secretary
that any such waivers or alternative requirements are necessary
for the effective implementation of the Jobs-Plus initiative as a
voluntary program for residents: Provided further, That the Secretary shall publish by notice in the Federal Register any waivers

H. R. 2029—633
or alternative requirements pursuant to the preceding proviso no
later than 10 days before the effective date of such notice: Provided
further, That for funds provided under this heading, the limitation
in section 9(g)(1) of the Act shall be 25 percent: Provided further,
That the Secretary may waive the limitation in the previous proviso
to allow public housing agencies to fund activities authorized under
section 9(e)(1)(C) of the Act: Provided further, That the Secretary
shall notify public housing agencies requesting waivers under the
previous proviso if the request is approved or denied within 14
days of submitting the request: Provided further, That from the
funds made available under this heading, the Secretary shall provide bonus awards in fiscal year 2016 to public housing agencies
that are designated high performers: Provided further, That the
Department shall notify public housing agencies of their formula
allocation within 60 days of enactment of this Act.
PUBLIC HOUSING OPERATING FUND

For 2016 payments to public housing agencies for the operation
and management of public housing, as authorized by section 9(e)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)),
$4,500,000,000, to remain available until September 30, 2017.
CHOICE NEIGHBORHOODS INITIATIVE

For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v), unless otherwise specified under this
heading), for transformation, rehabilitation, and replacement
housing needs of both public and HUD-assisted housing and to
transform neighborhoods of poverty into functioning, sustainable
mixed income neighborhoods with appropriate services, schools,
public assets, transportation and access to jobs, $125,000,000, to
remain available until September 30, 2018: Provided, That grant
funds may be used for resident and community services, community
development, and affordable housing needs in the community, and
for conversion of vacant or foreclosed properties to affordable
housing: Provided further, That the use of funds made available
under this heading shall not be deemed to be public housing notwithstanding section 3(b)(1) of such Act: Provided further, That
grantees shall commit to an additional period of affordability determined by the Secretary of not fewer than 20 years: Provided further,
That grantees shall undertake comprehensive local planning with
input from residents and the community, and that grantees shall
provide a match in State, local, other Federal or private funds:
Provided further, That grantees may include local governments,
tribal entities, public housing authorities, and nonprofits: Provided
further, That for-profit developers may apply jointly with a public
entity: Provided further, That for purposes of environmental review,
a grantee shall be treated as a public housing agency under section
26 of the United States Housing Act of 1937 (42 U.S.C. 1437x),
and grants under this heading shall be subject to the regulations
issued by the Secretary to implement such section: Provided further,
That of the amount provided, not less than $75,000,000 shall be
awarded to public housing agencies: Provided further, That such
grantees shall create partnerships with other local organizations
including assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall consult

H. R. 2029—634
with the Secretaries of Education, Labor, Transportation, Health
and Human Services, Agriculture, and Commerce, the Attorney
General, and the Administrator of the Environmental Protection
Agency to coordinate and leverage other appropriate Federal
resources: Provided further, That no more than $5,000,000 of funds
made available under this heading may be provided to assist
communities in developing comprehensive strategies for implementing this program or implementing other revitalization efforts
in conjunction with community notice and input: Provided further,
That the Secretary shall develop and publish guidelines for the
use of such competitive funds, including but not limited to eligible
activities, program requirements, and performance metrics: Provided further, That unobligated balances, including recaptures,
remaining from funds appropriated under the heading ‘‘Revitalization of Severely Distressed Public Housing (HOPE VI)’’ in fiscal
year 2011 and prior fiscal years may be used for purposes under
this heading, notwithstanding the purposes for which such amounts
were appropriated.
FAMILY SELF-SUFFICIENCY

For the Family Self-Sufficiency program to support family selfsufficiency coordinators under section 23 of the United States
Housing Act of 1937, to promote the development of local strategies
to coordinate the use of assistance under sections 8(o) and 9 of
such Act with public and private resources, and enable eligible
families to achieve economic independence and self-sufficiency,
$75,000,000, to remain available until September 30, 2017: Provided, That the Secretary may, by Federal Register notice, waive
or specify alternative requirements under sections b(3), b(4), b(5),
or c(1) of section 23 of such Act in order to facilitate the operation
of a unified self-sufficiency program for individuals receiving assistance under different provisions of the Act, as determined by the
Secretary: Provided further, That owners of a privately owned multifamily property with a section 8 contract may voluntarily make
a Family Self-Sufficiency program available to the assisted tenants
of such property in accordance with procedures established by the
Secretary: Provided further, That such procedures established
pursuant to the previous proviso shall permit participating tenants
to accrue escrow funds in accordance with section 23(d)(2) and
shall allow owners to use funding from residual receipt accounts
to hire coordinators for their own Family Self-Sufficiency program.
NATIVE AMERICAN HOUSING BLOCK GRANTS

For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing Assistance
and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111
et seq.), $650,000,000, to remain available until September 30,
2020: Provided, That, notwithstanding the Native American
Housing Assistance and Self-Determination Act of 1996, to determine the amount of the allocation under title I of such Act for
each Indian tribe, the Secretary shall apply the formula under
section 302 of such Act with the need component based on singlerace census data and with the need component based on multirace census data, and the amount of the allocation for each Indian
tribe shall be the greater of the two resulting allocation amounts:
Provided further, That of the amounts made available under this

H. R. 2029—635
heading, $3,500,000 shall be contracted for assistance for national
or regional organizations representing Native American housing
interests for providing training and technical assistance to Indian
housing authorities and tribally designated housing entities as
authorized under NAHASDA: Provided further, That of the funds
made available under the previous proviso, not less than $2,000,000
shall be made available for a national organization as authorized
under section 703 of NAHASDA (25 U.S.C. 4212): Provided further,
That of the amounts made available under this heading, $2,000,000
shall be to support the inspection of Indian housing units, contract
expertise, training, and technical assistance in the training, oversight, and management of such Indian housing and tenant-based
assistance: Provided further, That of the amount provided under
this heading, $2,000,000 shall be made available for the cost of
guaranteed notes and other obligations, as authorized by title VI
of NAHASDA: Provided further, That such costs, including the
costs of modifying such notes and other obligations, shall be as
defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That these funds are available to
subsidize the total principal amount of any notes and other obligations, any part of which is to be guaranteed, not to exceed
$17,452,007: Provided further, That the Department will notify
grantees of their formula allocation within 60 days of the date
of enactment of this Act: Provided further, notwithstanding section
302(d) of NAHASDA, if on January 1, 2016, a recipient’s total
amount of undisbursed block grants in the Department’s line of
credit control system is greater than three times the formula allocation it would otherwise receive under this heading, the Secretary
shall adjust that recipient’s formula allocation down by the difference between its total amount of undisbursed block grants in
the Department’s line of credit control system on January 1, 2016,
and three times the formula allocation it would otherwise receive:
Provided further, That grant amounts not allocated to a recipient
pursuant to the previous proviso shall be allocated under the need
component of the formula proportionately among all other Indian
tribes not subject to an adjustment: Provided further, That the
two previous provisos shall not apply to any Indian tribe that
would otherwise receive a formula allocation of less than $8,000,000:
Provided further, That to take effect, the three previous provisos
do not require issuance or amendment of any regulation, and shall
not be construed to confer hearing rights under any section of
NAHASDA or its implementing regulations.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z–13a), $7,500,000, to remain available until expended:
Provided, That such costs, including the costs of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
up to $1,190,476,190, to remain available until expended: Provided
further, That up to $750,000 of this amount may be for administrative contract expenses including management processes and systems
to carry out the loan guarantee program.

H. R. 2029—636
COMMUNITY PLANNING

AND

DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $335,000,000, to remain available
until September 30, 2017, except that amounts allocated pursuant
to section 854(c)(3) of such Act shall remain available until September 30, 2018: Provided, That the Secretary shall renew all
expiring contracts for permanent supportive housing that initially
were funded under section 854(c)(3) of such Act from funds made
available under this heading in fiscal year 2010 and prior fiscal
years that meet all program requirements before awarding funds
for new contracts under such section: Provided further, That the
Department shall notify grantees of their formula allocation within
60 days of enactment of this Act.
COMMUNITY DEVELOPMENT FUND

For assistance to units of State and local government, and
to other entities, for economic and community development activities, and for other purposes, $3,060,000,000, to remain available
until September 30, 2018, unless otherwise specified: Provided,
That of the total amount provided, $3,000,000,000 is for carrying
out the community development block grant program under title
I of the Housing and Community Development Act of 1974, as
amended (‘‘the Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, That unless explicitly provided for under this heading, not
to exceed 20 percent of any grant made with funds appropriated
under this heading shall be expended for planning and management
development and administration: Provided further, That a metropolitan city, urban county, unit of general local government, or
Indian tribe, or insular area that directly or indirectly receives
funds under this heading may not sell, trade, or otherwise transfer
all or any portion of such funds to another such entity in exchange
for any other funds, credits or non-Federal considerations, but must
use such funds for activities eligible under title I of the Act: Provided
further, That notwithstanding section 105(e)(1) of the Act, no funds
provided under this heading may be provided to a for-profit entity
for an economic development project under section 105(a)(17) unless
such project has been evaluated and selected in accordance with
guidelines required under subparagraph (e)(2): Provided further,
That none of the funds made available under this heading may
be used for grants for the Economic Development Initiative (‘‘EDI’’)
or Neighborhood Initiatives activities, Rural Innovation Fund, or
for grants pursuant to section 107 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5307): Provided further, That
the Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act: Provided further, That
of the total amount provided under this heading $60,000,000 shall
be for grants to Indian tribes notwithstanding section 106(a)(1)
of such Act, of which, notwithstanding any other provision of law
(including section 204 of this Act), up to $4,000,000 may be used
for emergencies that constitute imminent threats to health and
safety.

H. R. 2029—637
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
(INCLUDING RESCISSION)

Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2016, commitments to guarantee loans under
section 108 of the Housing and Community Development Act of
1974 (42 U.S.C. 5308), any part of which is guaranteed, shall
not exceed a total principal amount of $300,000,000, notwithstanding any aggregate limitation on outstanding obligations
guaranteed in subsection (k) of such section 108: Provided, That
the Secretary shall collect fees from borrowers, notwithstanding
subsection (m) of such section 108, to result in a credit subsidy
cost of zero for guaranteeing such loans, and any such fees shall
be collected in accordance with section 502(7) of the Congressional
Budget Act of 1974: Provided further, That all unobligated balances,
including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development
under this heading are hereby permanently rescinded.
HOME INVESTMENT PARTNERSHIPS PROGRAM

For the HOME Investment Partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $950,000,000, to remain available until
September 30, 2019: Provided, That notwithstanding the amount
made available under this heading, the threshold reduction requirements in sections 216(10) and 217(b)(4) of such Act shall not apply
to allocations of such amount: Provided further, That the requirements under provisos 2 through 6 under this heading for fiscal
year 2012 and such requirements applicable pursuant to the ‘‘FullYear Continuing Appropriations Act, 2013’’, shall not apply to any
project to which funds were committed on or after August 23,
2013, but such projects shall instead be governed by the Final
Rule titled ‘‘Home Investment Partnerships Program; Improving
Performance and Accountability; Updating Property Standards’’
which became effective on such date: Provided further, That with
respect to funds made available under this heading pursuant to
such Act and funds provided in prior and subsequent appropriations
acts that were or are used by community land trusts for the development of affordable homeownership housing pursuant to section
215(b) of such Act, such community land trusts, notwithstanding
section 215(b)(3)(A) of such Act, may hold and exercise purchase
options, rights of first refusal or other preemptive rights to purchase
the housing to preserve affordability, including but not limited
to the right to purchase the housing in lieu of foreclosure: Provided
further, That the Department shall notify grantees of their formula
allocation within 60 days of enactment of this Act.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing Opportunity
Program Extension Act of 1996, as amended, $50,000,000, to remain
available until September 30, 2018: Provided, That of the total
amount provided under this heading, $10,000,000 shall be made
available to the Self-Help and Assisted Homeownership Opportunity
Program as authorized under section 11 of the Housing Opportunity

H. R. 2029—638
Program Extension Act of 1996, as amended: Provided further,
That of the total amount provided under this heading, $35,000,000
shall be made available for the second, third, and fourth capacity
building activities authorized under section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less
than $5,000,000 shall be made available for rural capacity building
activities: Provided further, That of the total amount provided under
this heading, $5,000,000 shall be made available for capacity
building by national rural housing organizations with experience
assessing national rural conditions and providing financing,
training, technical assistance, information, and research to local
nonprofits, local governments and Indian Tribes serving high need
rural communities: Provided further, That an additional $5,700,000,
to remain available until expended, shall be for a program to
rehabilitate and modify homes of disabled or low-income veterans
as authorized under section 1079 of Public Law 113–291.
HOMELESS ASSISTANCE GRANTS

For the Emergency Solutions Grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as amended; the Continuum of Care program as authorized under subtitle C of title IV of such Act; and the Rural Housing
Stability Assistance program as authorized under subtitle D of
title IV of such Act, $2,250,000,000, to remain available until September 30, 2018: Provided, That any rental assistance amounts
that are recaptured under such Continuum of Care program shall
remain available until expended: Provided further, That not less
than $250,000,000 of the funds appropriated under this heading
shall be available for such Emergency Solutions Grants program:
Provided further, That not less than $1,918,000,000 of the funds
appropriated under this heading shall be available for such Continuum of Care and Rural Housing Stability Assistance programs:
Provided further, That up to $7,000,000 of the funds appropriated
under this heading shall be available for the national homeless
data analysis project: Provided further, That all funds awarded
for supportive services under the Continuum of Care program and
the Rural Housing Stability Assistance program shall be matched
by not less than 25 percent in cash or in kind by each grantee:
Provided further, That for all match requirements applicable to
funds made available under this heading for this fiscal year and
prior years, a grantee may use (or could have used) as a source
of match funds other funds administered by the Secretary and
other Federal agencies unless there is (or was) a specific statutory
prohibition on any such use of any such funds: Provided further,
That the Secretary shall establish system performance measures
for which each continuum of care shall report baseline outcomes,
and that relative to fiscal year 2015, under the Continuum of
Care competition with respect to funds made available under this
heading, the Secretary shall base an increasing share of the score
on performance criteria: Provided further, That none of the funds
provided under this heading shall be available to provide funding
for new projects, except for projects created through reallocation,
unless the Secretary determines that the continuum of care has
demonstrated that projects are evaluated and ranked based on
the degree to which they improve the continuum of care’s system
performance: Provided further, That the Secretary shall prioritize

H. R. 2029—639
funding under the Continuum of Care program to continuums of
care that have demonstrated a capacity to reallocate funding from
lower performing projects to higher performing projects: Provided
further, That all awards of assistance under this heading shall
be required to coordinate and integrate homeless programs with
other mainstream health, social services, and employment programs
for which homeless populations may be eligible: Provided further,
That with respect to funds provided under this heading for the
Continuum of Care program for fiscal years 2013, 2014, 2015,
and 2016 provision of permanent housing rental assistance may
be administered by private nonprofit organizations: Provided further, That any unobligated amounts remaining from funds appropriated under this heading in fiscal year 2012 and prior years
for project-based rental assistance for rehabilitation projects with
10-year grant terms may be used for purposes under this heading,
notwithstanding the purposes for which such funds were appropriated: Provided further, That all balances for Shelter Plus Care
renewals previously funded from the Shelter Plus Care Renewal
account and transferred to this account shall be available, if recaptured, for Continuum of Care renewals in fiscal year 2016: Provided
further, That the Department shall notify grantees of their formula
allocation from amounts allocated (which may represent initial or
final amounts allocated) for the Emergency Solutions Grant program within 60 days of enactment of this Act: Provided further,
That up to $33,000,000 of the funds appropriated under this heading
shall be to implement projects to demonstrate how a comprehensive
approach to serving homeless youth, age 24 and under, in up
to 10 communities, including at least four rural communities, can
dramatically reduce youth homelessness: Provided further, That
such projects shall be eligible for renewal under the Continuum
of Care program subject to the same terms and conditions as
other renewal applicants: Provided further, That up to $5,000,000
of the funds appropriated under this heading shall be available
to provide technical assistance on youth homelessness, and collection, analysis, and reporting of data and performance measures
under the comprehensive approaches to serve homeless youth, in
addition to and in coordination with other technical assistance
funds provided under this title: Provided further, That youth aged
24 and under seeking assistance under this heading shall not be
required to provide third party documentation to establish their
eligibility under 42 U.S.C. 11302(a) or (b) to receive services: Provided further, That unaccompanied youth aged 24 and under or
families headed by youth aged 24 and under who are living in
unsafe situations may be served by youth-serving providers funded
under this heading: Provided further, That the Secretary may use
amounts made available under this heading for the Continuum
of Care program to renew a grant originally awarded pursuant
to the matter under the heading ‘‘Department of Housing and
Urban Development—Permanent Supportive Housing’’ in chapter
6 of title III of the Supplemental Appropriations Act, 2008 (Public
Law 110–252; 122 Stat. 2351) for assistance under subtitle F of
title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11403 et seq.): Provided further, That such renewal grant shall
be awarded to the same grantee and be subject to the provisions
of such Continuum of Care program except that the funds may
be used outside the geographic area of the continuum of care.

H. R. 2029—640
HOUSING PROGRAMS
PROJECT-BASED RENTAL ASSISTANCE

For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937
(42 U.S.C. 1437 et seq.) (‘‘the Act’’), not otherwise provided for,
$10,220,000,000, to remain available until expended, shall be available on October 1, 2015 (in addition to the $400,000,000 previously
appropriated under this heading that became available October
1, 2015), and $400,000,000, to remain available until expended,
shall be available on October 1, 2016: Provided, That the amounts
made available under this heading shall be available for expiring
or terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to
section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11401), for renewal of section 8 contracts for units
in projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for administrative and other expenses associated with project-based activities and assistance funded under this
paragraph: Provided further, That of the total amounts provided
under this heading, not to exceed $215,000,000 shall be available
for performance-based contract administrators for section 8 projectbased assistance, for carrying out 42 U.S.C. 1437(f): Provided further, That the Secretary of Housing and Urban Development may
also use such amounts in the previous proviso for performancebased contract administrators for the administration of: interest
reduction payments pursuant to section 236(a) of the National
Housing Act (12 U.S.C. 1715z–1(a)); rent supplement payments
pursuant to section 101 of the Housing and Urban Development
Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
payments (12 U.S.C. 1715z–1(f)(2)); project rental assistance contracts for the elderly under section 202(c)(2) of the Housing Act
of 1959 (12 U.S.C. 1701q); project rental assistance contracts for
supportive housing for persons with disabilities under section
811(d)(2) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant
to section 202(h) of the Housing Act of 1959 (Public Law 86–
372; 73 Stat. 667); and loans under section 202 of the Housing
Act of 1959 (Public Law 86–372; 73 Stat. 667): Provided further,
That amounts recaptured under this heading, the heading ‘‘Annual
Contributions for Assisted Housing’’, or the heading ‘‘Housing Certificate Fund’’, may be used for renewals of or amendments to
section 8 project-based contracts or for performance-based contract
administrators, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That, notwithstanding any other provision of law, upon the request of the Secretary of Housing and Urban Development, project funds that are
held in residual receipts accounts for any project subject to a section
8 project-based Housing Assistance Payments contract that authorizes HUD or a Housing Finance Agency to require that surplus
project funds be deposited in an interest-bearing residual receipts
account and that are in excess of an amount to be determined

H. R. 2029—641
by the Secretary, shall be remitted to the Department and deposited
in this account, to be available until expended: Provided further,
That amounts deposited pursuant to the previous proviso shall
be available in addition to the amount otherwise provided by this
heading for uses authorized under this heading.
HOUSING FOR THE ELDERLY

For amendments to capital advance contracts for housing for
the elderly, as authorized by section 202 of the Housing Act of
1959, as amended, and for project rental assistance for the elderly
under section 202(c)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for
such assistance for up to a 1-year term, and for senior preservation
rental assistance contracts, including renewals, as authorized by
section 811(e) of the American Housing and Economic Opportunity
Act of 2000, as amended, and for supportive services associated
with the housing, $432,700,000 to remain available until September
30, 2019: Provided, That of the amount provided under this heading,
up to $77,000,000 shall be for service coordinators and the continuation of existing congregate service grants for residents of assisted
housing projects: Provided further, That amounts under this
heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
202 projects: Provided further, That the Secretary may waive the
provisions of section 202 governing the terms and conditions of
project rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration: Provided
further, That upon request of the Secretary of Housing and Urban
Development, project funds that are held in residual receipts
accounts for any project subject to a section 202 project rental
assistance contract, and that upon termination of such contract
are in excess of an amount to be determined by the Secretary,
shall be remitted to the Department and deposited in this account,
to be available until September 30, 2019: Provided further, That
amounts deposited in this account pursuant to the previous proviso
shall be available, in addition to the amounts otherwise provided
by this heading, for amendments and renewals: Provided further,
That unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under this
heading shall be available for amendments and renewals notwithstanding the purposes for which such funds originally were appropriated.
HOUSING FOR PERSONS WITH DISABILITIES

For amendments to capital advance contracts for supportive
housing for persons with disabilities, as authorized by section 811
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013), for project rental assistance for supportive housing
for persons with disabilities under section 811(d)(2) of such Act
and for project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86–372; 73 Stat. 667),
including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term,
for project rental assistance to State housing finance agencies and
other appropriate entities as authorized under section 811(b)(3)
of the Cranston-Gonzalez National Housing Act, and for supportive

H. R. 2029—642
services associated with the housing for persons with disabilities
as authorized by section 811(b)(1) of such Act, $150,600,000, to
remain available until September 30, 2019: Provided, That amounts
made available under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 811 projects: Provided further, That, in
this fiscal year, upon the request of the Secretary of Housing
and Urban Development, project funds that are held in residual
receipts accounts for any project subject to a section 811 project
rental assistance contract and that upon termination of such contract are in excess of an amount to be determined by the Secretary
shall be remitted to the Department and deposited in this account,
to be available until September 30, 2019: Provided further, That
amounts deposited in this account pursuant to the previous proviso
shall be available in addition to the amounts otherwise provided
by this heading for amendments and renewals: Provided further,
That unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under this
heading shall be used for amendments and renewals notwithstanding the purposes for which such funds originally were appropriated.
HOUSING COUNSELING ASSISTANCE

For contracts, grants, and other assistance excluding loans,
as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $47,000,000, to remain available
until September 30, 2017, including up to $4,500,000 for administrative contract services: Provided, That grants made available from
amounts provided under this heading shall be awarded within
180 days of enactment of this Act: Provided further, That funds
shall be used for providing counseling and advice to tenants and
homeowners, both current and prospective, with respect to property
maintenance, financial management/literacy, and such other matters as may be appropriate to assist them in improving their housing
conditions, meeting their financial needs, and fulfilling the responsibilities of tenancy or homeownership; for program administration;
and for housing counselor training: Provided further, That for purposes of providing such grants from amounts provided under this
heading, the Secretary may enter into multiyear agreements as
appropriate, subject to the availability of annual appropriations.
RENTAL HOUSING ASSISTANCE

For amendments to contracts under section 101 of the Housing
and Urban Development Act of 1965 (12 U.S.C. 1701s) and section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z–1) in Stateaided, noninsured rental housing projects, $30,000,000, to remain
available until expended: Provided, That such amount, together
with unobligated balances from recaptured amounts appropriated
prior to fiscal year 2006 from terminated contracts under such
sections of law, and any unobligated balances, including recaptures
and carryover, remaining from funds appropriated under this
heading after fiscal year 2005, shall also be available for extensions
of up to one year for expiring contracts under such sections of
law.

H. R. 2029—643
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C. 5401 et seq.), up to $10,500,000, to remain available until
expended, of which $10,500,000 is to be derived from the Manufactured Housing Fees Trust Fund: Provided, That not to exceed
the total amount appropriated under this heading shall be available
from the general fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the receipt
of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this
heading from the general fund shall be reduced as such collections
are received during fiscal year 2016 so as to result in a final
fiscal year 2016 appropriation from the general fund estimated
at zero, and fees pursuant to such section 620 shall be modified
as necessary to ensure such a final fiscal year 2016 appropriation:
Provided further, That for the dispute resolution and installation
programs, the Secretary of Housing and Urban Development may
assess and collect fees from any program participant: Provided
further, That such collections shall be deposited into the Fund,
and the Secretary, as provided herein, may use such collections,
as well as fees collected under section 620, for necessary expenses
of such Act: Provided further, That, notwithstanding the requirements of section 620 of such Act, the Secretary may carry out
responsibilities of the Secretary under such Act through the use
of approved service providers that are paid directly by the recipients
of their services.
FEDERAL HOUSING ADMINISTRATION
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30, 2017:
Provided, That during fiscal year 2016, obligations to make direct
loans to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $5,000,000: Provided
further, That the foregoing amount in the previous proviso shall
be for loans to nonprofit and governmental entities in connection
with sales of single family real properties owned by the Secretary
and formerly insured under the Mutual Mortgage Insurance Fund:
Provided further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain available
until September 30, 2017: Provided further, That to the extent
guaranteed loan commitments exceed $200,000,000,000 on or before
April 1, 2016, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for
any amount below $1,000,000), but in no case shall funds made
available by this proviso exceed $30,000,000.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

New commitments to guarantee loans insured under the General and Special Risk Insurance Funds, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and

H. R. 2029—644
1735c), shall not exceed $30,000,000,000 in total loan principal,
any part of which is to be guaranteed, to remain available until
September 30, 2017: Provided, That during fiscal year 2016, gross
obligations for the principal amount of direct loans, as authorized
by sections 204(g), 207(l), 238, and 519(a) of the National Housing
Act, shall not exceed $5,000,000, which shall be for loans to nonprofit and governmental entities in connection with the sale of
single family real properties owned by the Secretary and formerly
insured under such Act.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE
PROGRAM ACCOUNT

New commitments to issue guarantees to carry out the purposes
of section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $500,000,000,000, to remain available
until September 30, 2017: Provided, That $23,000,000 shall be
available for necessary salaries and expenses of the Office of
Government National Mortgage Association: Provided further, That
to the extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2016, an additional $100
for necessary salaries and expenses shall be available until
expended for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this
proviso exceed $3,000,000: Provided further, That receipts from
Commitment and Multiclass fees collected pursuant to title III
of the National Housing Act, as amended, shall be credited as
offsetting collections to this account.
POLICY DEVELOPMENT

AND

RESEARCH

RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z–1 et seq.),
including carrying out the functions of the Secretary of Housing
and Urban Development under section 1(a)(1)(i) of Reorganization
Plan No. 2 of 1968, and for technical assistance, $85,000,000, to
remain available until September 30, 2017: Provided, That with
respect to amounts made available under this heading, notwithstanding section 204 of this title, the Secretary may enter into
cooperative agreements funded with philanthropic entities, other
Federal agencies, or State or local governments and their agencies
for research projects: Provided further, That with respect to the
previous proviso, such partners to the cooperative agreements must
contribute at least a 50 percent match toward the cost of the
project: Provided further, That for non-competitive agreements
entered into in accordance with the previous two provisos, the
Secretary of Housing and Urban Development shall comply with
section 2(b) of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282, 31 U.S.C. note) in lieu
of compliance with section 102(a)(4)(C) with respect to documentation of award decisions: Provided further, That prior to obligation

H. R. 2029—645
of technical assistance funding, the Secretary shall submit a plan,
for approval, to the House and Senate Committees on Appropriations on how it will allocate funding for this activity.
FAIR HOUSING

AND

EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988,
and section 561 of the Housing and Community Development Act
of 1987, as amended, $65,300,000, to remain available until September 30, 2017: Provided, That notwithstanding 31 U.S.C. 3302,
the Secretary may assess and collect fees to cover the costs of
the Fair Housing Training Academy, and may use such funds
to provide such training: Provided further, That no funds made
available under this heading shall be used to lobby the executive
or legislative branches of the Federal Government in connection
with a specific contract, grant, or loan: Provided further, That
of the funds made available under this heading, $300,000 shall
be available to the Secretary of Housing and Urban Development
for the creation and promotion of translated materials and other
programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the Department of Housing and Urban Development.
OFFICE

OF

LEAD HAZARD CONTROL

AND

HEALTHY HOMES

LEAD HAZARD REDUCTION

For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992, $110,000,000, to remain available until September
30, 2017, of which $20,000,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and
Urban Development Act of 1970 that shall include research, studies,
testing, and demonstration efforts, including education and outreach
concerning lead-based paint poisoning and other housing-related
diseases and hazards: Provided, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and other provisions of the law that further
the purposes of such Act, a grant under the Healthy Homes Initiative, or the Lead Technical Studies program under this heading
or under prior appropriations Acts for such purposes under this
heading, shall be considered to be funds for a special project for
purposes of section 305(c) of the Multifamily Housing Property
Disposition Reform Act of 1994: Provided further, That of the total
amount made available under this heading, $45,000,000 shall be
made available on a competitive basis for areas with the highest
lead paint abatement needs: Provided further, That each recipient
of funds provided under the previous proviso shall contribute an
amount not less than 25 percent of the total: Provided further,
That each applicant shall certify adequate capacity that is acceptable to the Secretary to carry out the proposed use of funds pursuant
to a notice of funding availability: Provided further, That amounts
made available under this heading in this or prior appropriations
Acts, and that still remain available, may be used for any purpose

H. R. 2029—646
under this heading notwithstanding the purpose for which such
amounts were appropriated if a program competition is undersubscribed and there are other program competitions under this
heading that are oversubscribed.
INFORMATION TECHNOLOGY FUND
For the development of, modifications to, and infrastructure
for Department-wide and program-specific information technology
systems, for the continuing operation and maintenance of both
Department-wide and program-specific information systems, and
for program-related maintenance activities, $250,000,000, shall
remain available until September 30, 2017: Provided, That any
amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts transferred to this Fund from amounts appropriated by previously
enacted appropriations Acts may be used for the purposes specified
under this Fund, in addition to any other information technology
purposes for which such amounts were appropriated.
OFFICE

OF INSPECTOR

GENERAL

For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as
amended, $126,000,000: Provided, That the Inspector General shall
have independent authority over all personnel issues within this
office.
GENERAL PROVISIONS—DEPARTMENT OF HOUSING
DEVELOPMENT

AND

URBAN

(INCLUDING TRANSFER OF FUNDS)
(INCLUDING RESCISSIONS)

SEC. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated with
such budget authority, that are recaptured from projects described
in section 1012(a) of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded
or in the case of cash, shall be remitted to the Treasury, and
such amounts of budget authority or cash recaptured and not
rescinded or remitted to the Treasury shall be used by State housing
finance agencies or local governments or local housing agencies
with projects approved by the Secretary of Housing and Urban
Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget
authority or cash recaptured and not rescinded or remitted to
the Treasury to provide project owners with incentives to refinance
their project at a lower interest rate.
SEC. 202. None of the amounts made available under this
Act may be used during fiscal year 2016 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity engaged
in by one or more persons, including the filing or maintaining
of a nonfrivolous legal action, that is engaged in solely for the
purpose of achieving or preventing action by a Government official
or entity, or a court of competent jurisdiction.

H. R. 2029—647
SEC. 203. Sections 203 and 209 of division C of Public Law
112–55 (125 Stat. 693–694) shall apply during fiscal year 2016
as if such sections were included in this title, except that during
such fiscal year such sections shall be applied by substituting
‘‘fiscal year 2016’’ for ‘‘fiscal year 2011’’ and for ‘‘fiscal year 2012’’
each place such terms appear, and shall be amended to reflect
revised delineations of statistical areas established by the Office
of Management and Budget pursuant to 44 U.S.C. 3504(e)(3), 31
U.S.C. 1104(d), and Executive Order No. 10253.
SEC. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title
II of this Act shall be made on a competitive basis and in accordance
with section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
SEC. 205. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available, without
regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment
for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home
Loan Mortgage Corporation, Federal Financing Bank, Federal
Reserve banks or any member thereof, Federal Home Loan banks,
and any insured bank within the meaning of the Federal Deposit
Insurance Corporation Act, as amended (12 U.S.C. 1811–1).
SEC. 206. Unless otherwise provided for in this Act or through
a reprogramming of funds, no part of any appropriation for the
Department of Housing and Urban Development shall be available
for any program, project or activity in excess of amounts set forth
in the budget estimates submitted to Congress.
SEC. 207. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the Government Corporation Control Act are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accordance
with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of
such Act as may be necessary in carrying out the programs set
forth in the budget for 2016 for such corporation or agency except
as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United
States Government.
SEC. 208. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate Committees
on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the
jurisdiction of the Department and shall submit additional, updated
budget information to these Committees upon request.
SEC. 209. The President’s formal budget request for fiscal year
2017, as well as the Department of Housing and Urban Development’s congressional budget justifications to be submitted to the

H. R. 2029—648
Committees on Appropriations of the House of Representatives and
the Senate, shall use the identical account and sub-account structure provided under this Act.
SEC. 210. A public housing agency or such other entity that
administers Federal housing assistance for the Housing Authority
of the county of Los Angeles, California, and the States of Alaska,
Iowa, and Mississippi shall not be required to include a resident
of public housing or a recipient of assistance provided under section
8 of the United States Housing Act of 1937 on the board of directors
or a similar governing board of such agency or entity as required
under section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance under
section 8 for the Housing Authority of the county of Los Angeles,
California and the States of Alaska, Iowa and Mississippi that
chooses not to include a resident of public housing or a recipient
of section 8 assistance on the board of directors or a similar governing board shall establish an advisory board of not less than
six residents of public housing or recipients of section 8 assistance
to provide advice and comment to the public housing agency or
other administering entity on issues related to public housing and
section 8. Such advisory board shall meet not less than quarterly.
SEC. 211. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
SEC. 212. (a) Notwithstanding any other provision of law, subject to the conditions listed under this section, for fiscal years
2016 and 2017, the Secretary of Housing and Urban Development
may authorize the transfer of some or all project-based assistance,
debt held or insured by the Secretary and statutorily required
low-income and very low-income use restrictions if any, associated
with one or more multifamily housing project or projects to another
multifamily housing project or projects.
(b) PHASED TRANSFERS.—Transfers of project-based assistance
under this section may be done in phases to accommodate the
financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards
under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) NUMBER AND BEDROOM SIZE OF UNITS.—
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the transferring project shall be no less than when transferred to
the receiving project or projects and the net dollar amount
of Federal assistance provided to the transferring project
shall remain the same in the receiving project or projects.
(B) For unoccupied units in the transferring project:
The Secretary may authorize a reduction in the number
of dwelling units in the receiving project or projects to
allow for a reconfiguration of bedroom sizes to meet current
market demands, as determined by the Secretary and provided there is no increase in the project-based assistance
budget authority.

H. R. 2029—649
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the receiving
project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving project
or projects meets the condition specified in subsection (d)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any
FHA-insured mortgage lien transferred to, or placed on, such
project by the Secretary, except that the Secretary may waive
this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition, construction,
and/or rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a continuation
of the existing use agreement or a new use agreement for
the project where, in either case, any use restrictions in such
agreement are of no lesser duration than the existing use
restrictions.
(9) The transfer does not increase the cost (as defined
in section 502 of the Congressional Budget Act of 1974, as
amended) of any FHA-insured mortgage, except to the extent
that appropriations are provided in advance for the amount
of any such increased cost.
(d) For purposes of this section—
(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ‘‘multifamily housing project’’ means housing
that meets one of the following conditions—
(A) housing that is subject to a mortgage insured under
the National Housing Act;
(B) housing that has project-based assistance attached
to the structure including projects undergoing mark to
market debt restructuring under the Multifamily Assisted
Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959, as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act;

H. R. 2029—650
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act; or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ‘‘project-based assistance’’ means—
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/
or additional assistance payments under section 236(f)(2)
of the National Housing Act;
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act;
(4) the term ‘‘receiving project or projects’’ means the multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required lowincome and very low-income use restrictions are to be transferred;
(5) the term ‘‘transferring project’’ means the multifamily
housing project which is transferring some or all of the projectbased assistance, debt, and the statutorily required low-income
and very low-income use restrictions to the receiving project
or projects; and
(6) the term ‘‘Secretary’’ means the Secretary of Housing
and Urban Development.
(e) PUBLIC NOTICE AND RESEARCH REPORT.—
(1) The Secretary shall publish by notice in the Federal
Register the terms and conditions, including criteria for HUD
approval, of transfers pursuant to this section no later than
30 days before the effective date of such notice.
(2) The Secretary shall conduct an evaluation of the
transfer authority under this section, including the effect of
such transfers on the operational efficiency, contract rents,
physical and financial conditions, and long-term preservation
of the affected properties.
SEC. 213. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who—
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined
in section 3(b)(3)(E) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance
under such section 8 as of November 30, 2005; and

H. R. 2029—651
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess
of amounts received for tuition and any other required fees and
charges) that an individual receives under the Higher Education
Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or
an institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income
to that individual, except for a person over the age of 23 with
dependent children.
SEC. 214. The funds made available for Native Alaskans under
the heading ‘‘Native American Housing Block Grants’’ in title II
of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2005.
SEC. 215. Notwithstanding the limitation in the first sentence
of section 255(g) of the National Housing Act (12 U.S.C. 1715z–
20(g)), the Secretary of Housing and Urban Development may,
until September 30, 2016, insure and enter into commitments to
insure mortgages under such section 255.
SEC. 216. Notwithstanding any other provision of law, in fiscal
year 2016, in managing and disposing of any multifamily property
that is owned or has a mortgage held by the Secretary of Housing
and Urban Development, and during the process of foreclosure
on any property with a contract for rental assistance payments
under section 8 of the United States Housing Act of 1937 or other
Federal programs, the Secretary shall maintain any rental assistance payments under section 8 of the United States Housing Act
of 1937 and other programs that are attached to any dwelling
units in the property. To the extent the Secretary determines,
in consultation with the tenants and the local government, that
such a multifamily property owned or held by the Secretary is
not feasible for continued rental assistance payments under such
section 8 or other programs, based on consideration of (1) the
costs of rehabilitating and operating the property and all available
Federal, State, and local resources, including rent adjustments
under section 524 of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (‘‘MAHRAA’’) and (2) environmental
conditions that cannot be remedied in a cost-effective fashion, the
Secretary may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an owner
or owners of other existing housing properties, or provide other
rental assistance. The Secretary shall also take appropriate steps
to ensure that project-based contracts remain in effect prior to
foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats
to health and safety after written notice to and informed consent
of the affected tenants and use of other available remedies, such
as partial abatements or receivership. After disposition of any multifamily property described under this section, the contract and allowable rent levels on such properties shall be subject to the requirements under section 524 of MAHRAA.

H. R. 2029—652
SEC. 217. The commitment authority funded by fees as provided
under the heading ‘‘Community Development Loan Guarantees Program Account’’ may be used to guarantee, or make commitments
to guarantee, notes, or other obligations issued by any State on
behalf of non-entitlement communities in the State in accordance
with the requirements of section 108 of the Housing and Community
Development Act of 1974: Provided, That any State receiving such
a guarantee or commitment shall distribute all funds subject to
such guarantee to the units of general local government in nonentitlement areas that received the commitment.
SEC. 218. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the operating
fund rule: Provided, That an agency seeking a discontinuance of
a reduction of subsidy under the operating fund formula shall
not be exempt from asset management requirements.
SEC. 219. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital improvement
and management of public housing as authorized by sections 9(d)
and 9(e) of the United States Housing Act of 1937 (42 U.S.C.
1437g(d) and (e)), the Secretary shall not impose any requirement
or guideline relating to asset management that restricts or limits
in any way the use of capital funds for central office costs pursuant
to section 9(g)(1) or 9(g)(2) of the United States Housing Act of
1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing
agency may not use capital funds authorized under section 9(d)
for activities that are eligible under section 9(e) for assistance
with amounts from the operating fund in excess of the amounts
permitted under section 9(g)(1) or 9(g)(2).
SEC. 220. No official or employee of the Department of Housing
and Urban Development shall be designated as an allotment holder
unless the Office of the Chief Financial Officer has determined
that such allotment holder has implemented an adequate system
of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that
there is a trained allotment holder for each HUD sub-office under
the accounts ‘‘Executive Offices’’ and ‘‘Administrative Support
Offices,’’ as well as each account receiving appropriations for ‘‘Program Office Salaries and Expenses’’, ‘‘Government National Mortgage Association—Guarantees of Mortgage-Backed Securities Loan
Guarantee Program Account’’, and ‘‘Office of Inspector General’’
within the Department of Housing and Urban Development.
SEC. 221. The Secretary of the Department of Housing and
Urban Development shall, for fiscal year 2016, notify the public
through the Federal Register and other means, as determined
appropriate, of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program
or discretionary fund administered by the Secretary that is to
be competitively awarded. Notwithstanding any other provision of
law, for fiscal year 2016, the Secretary may make the NOFA available only on the Internet at the appropriate Government web site
or through other electronic media, as determined by the Secretary.
SEC. 222. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of
General Counsel salaries and expenses appropriations. The annual
budget submission for the program offices and the Office of General

H. R. 2029—653
Counsel shall include any such projected litigation costs for attorney
fees as a separate line item request. No funds provided in this
title may be used to pay any such litigation costs for attorney
fees until the Department submits for review a spending plan
for such costs to the House and Senate Committees on Appropriations.
SEC. 223. The Secretary is authorized to transfer up to 10
percent or $4,000,000, whichever is less, of funds appropriated
for any office under the heading ‘‘Administrative Support Offices’’
or for any account under the general heading ‘‘Program Office
Salaries and Expenses’’ to any other such office or account: Provided, That no appropriation for any such office or account shall
be increased or decreased by more than 10 percent or $4,000,000,
whichever is less, without prior written approval of the House
and Senate Committees on Appropriations: Provided further, That
the Secretary shall provide notification to such Committees three
business days in advance of any such transfers under this section
up to 10 percent or $4,000,000, whichever is less.
SEC. 224. The Disaster Housing Assistance Programs, administered by the Department of Housing and Urban Development, shall
be considered a ‘‘program of the Department of Housing and Urban
Development’’ under section 904 of the McKinney Act for the purpose of income verifications and matching.
SEC. 225. (a) The Secretary of Housing and Urban Development
shall take the required actions under subsection (b) when a multifamily housing project with a section 8 contract or contract for
similar project-based assistance:
(1) receives a Real Estate Assessment Center (REAC) score
of 30 or less; or
(2) receives a REAC score between 31 and 59 and:
(A) fails to certify in writing to HUD within 60 days
that all deficiencies have been corrected; or
(B) receives consecutive scores of less than 60 on REAC
inspections.
Such requirements shall apply to insured and noninsured projects
with assistance attached to the units under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f), but do not apply
to such units assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13))
or to public housing units assisted with capital or operating funds
under section 9 of the United States Housing Act of 1937 (42
U.S.C. 1437g).
(b) The Secretary shall take the following required actions
as authorized under subsection (a):
(1) The Secretary shall notify the owner and provide an
opportunity for response within 30 days. If the violations
remain, the Secretary shall develop a Compliance, Disposition
and Enforcement Plan within 60 days, with a specified timetable for correcting all deficiencies. The Secretary shall provide
notice of the Plan to the owner, tenants, the local government,
any mortgagees, and any contract administrator.
(2) At the end of the term of the Compliance, Disposition
and Enforcement Plan, if the owner fails to fully comply with
such plan, the Secretary may require immediate replacement
of project management with a management agent approved
by the Secretary, and shall take one or more of the following
actions, and provide additional notice of those actions to the
owner and the parties specified above:

H. R. 2029—654
(A) impose civil money penalties;
(B) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all deficiencies have been corrected;
(C) pursue transfer of the project to an owner, approved
by the Secretary under established procedures, which will
be obligated to promptly make all required repairs and
to accept renewal of the assistance contract as long as
such renewal is offered; or
(D) seek judicial appointment of a receiver to manage
the property and cure all project deficiencies or seek a
judicial order of specific performance requiring the owner
to cure all project deficiencies.
(c) The Secretary shall also take appropriate steps to ensure
that project-based contracts remain in effect, subject to the exercise
of contractual abatement remedies to assist relocation of tenants
for imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and use
of other remedies set forth above. To the extent the Secretary
determines, in consultation with the tenants and the local government, that the property is not feasible for continued rental assistance payments under such section 8 or other programs, based
on consideration of (1) the costs of rehabilitating and operating
the property and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (‘‘MAHRAA’’)
and (2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may, in consultation with the
tenants of that property, contract for project-based rental assistance
payments with an owner or owners of other existing housing properties, or provide other rental assistance. The Secretary shall report
semi-annually on all properties covered by this section that are
assessed through the Real Estate Assessment Center and have
physical inspection scores of less than 30 or have consecutive physical inspection scores of less than 60. The report shall include:
(1) The enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have such
conditions multiple times; and
(2) Actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties.
SEC. 226. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only with
respect to the tenant-based rental assistance program) and section
9 of the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.), may be used by any public housing agency for any amount
of salary, including bonuses, for the chief executive officer of which,
or any other official or employee of which, that exceeds the annual
rate of basic pay payable for a position at level IV of the Executive
Schedule at any time during any public housing agency fiscal year
2016.
SEC. 227. None of the funds in this Act may be available
for the doctoral dissertation research grant program at the Department of Housing and Urban Development.
SEC. 228. Section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) is amended—

H. R. 2029—655
(1) in subsection (m)(1), by striking ‘‘fiscal year’’ and all
that follows through the period at the end and inserting ‘‘fiscal
year 2016.’’; and
(2) in subsection (o), by striking ‘‘September’’ and all that
follows through the period at the end and inserting ‘‘September
30, 2016.’’.
SEC. 229. None of the funds in this Act provided to the Department of Housing and Urban Development may be used to make
a grant award unless the Secretary notifies the House and Senate
Committees on Appropriations not less than 3 full business days
before any project, State, locality, housing authority, tribe, nonprofit
organization, or other entity selected to receive a grant award
is announced by the Department or its offices.
SEC. 230. None of the funds made available by this Act may
be used to require or enforce the Physical Needs Assessment (PNA).
SEC. 231. None of the funds made available by this Act nor
any receipts or amounts collected under any Federal Housing
Administration program may be used to implement the Homeowners Armed with Knowledge (HAWK) program.
SEC. 232. None of the funds made available in this Act shall
be used by the Federal Housing Administration, the Government
National Mortgage Administration, or the Department of Housing
and Urban Development to insure, securitize, or establish a Federal
guarantee of any mortgage or mortgage backed security that
refinances or otherwise replaces a mortgage that has been subject
to eminent domain condemnation or seizure, by a State, municipality, or any other political subdivision of a State.
SEC. 233. None of the funds made available by this Act may
be used to terminate the status of a unit of general local government
as a metropolitan city (as defined in section 102 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5302)) with
respect to grants under section 106 of such Act (42 U.S.C. 5306).
SEC. 234. Amounts made available under this Act which are
either appropriated, allocated, advanced on a reimbursable basis,
or transferred to the Office of Policy Development and Research
in the Department of Housing and Urban Development and functions thereof, for research, evaluation, or statistical purposes, and
which are unexpended at the time of completion of a contract,
grant, or cooperative agreement, may be deobligated and shall
immediately become available and may be reobligated in that fiscal
year or the subsequent fiscal year for the research, evaluation,
or statistical purposes for which the amounts are made available
to that Office subject to reprogramming requirements in section
405 of this Act.
SEC. 235. Subsection (b) of section 225 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12755) is amended
by adding at the end the following new sentence: ‘‘Such 30-day
waiting period 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. None of the funds under this title may be used
for awards, including performance, special act, or spot, for any
employee of the Department of Housing and Urban Development
who is subject to administrative discipline in fiscal year 2016,
including suspension from work.

H. R. 2029—656
SEC. 237. The language under the heading ‘‘Rental Assistance
Demonstration’’ in the Department of Housing and Urban Development Appropriations Act, 2012 (Public Law 112–55) is amended:
(1) In proviso eighteen, by inserting ‘‘for fiscal year 2012
and hereafter,’’ after ‘‘Provided further, That’’; and
(2) In proviso nineteen, by striking ‘‘, which may extend
beyond fiscal year 2016 as necessary to allow processing of
all timely applications,’’.
SEC. 238. Section 526 (12 U.S.C. 1735f–4) of the National
Housing Act is amended by inserting at the end of subsection
(b):
‘‘(c) The Secretary may establish an exception to any minimum
property standard established under this section 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. The Secretary of Housing and Urban Development
shall increase, pursuant to this section, the number of Moving
to Work agencies authorized under section 204, title II, of the
Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 (Public
Law 104–134; 110 Stat. 1321) by adding to the program 100 public
housing agencies that are designated as high performing agencies
under the Public Housing Assessment System (PHAS) or the Section
Eight Management Assessment Program (SEMAP). No public
housing agency shall be granted this designation through this section that administers in excess of 27,000 aggregate housing vouchers
and public housing units. Of the agencies selected under this section, no less than 50 shall administer 1,000 or fewer aggregate
housing voucher and public housing units, no less than 47 shall
administer 1,001-6,000 aggregate housing voucher and public
housing units, and no more than 3 shall administer 6,001–27,000
aggregate housing voucher and public housing units. Of the 100
agencies selected under this section, five shall be agencies with
portfolio awards under the Rental Assistance Demonstration that
meet the other requirements of this section, including current designations as high performing agencies or such designations held
immediately prior to such portfolio awards. Selection of agencies
under this section shall be based on ensuring the geographic diversity of Moving to Work agencies. In addition to the preceding
selection criteria, agencies shall be designated by the Secretary
over a 7-year period. The Secretary shall establish a research
advisory committee which shall advise the Secretary with respect
to specific policy proposals and methods of research and evaluation
for the demonstration. The advisory committee shall include program and research experts from the Department, a fair representation of agencies with a Moving to Work designation, and independent subject matter experts in housing policy research. For
each cohort of agencies receiving a designation under this heading,
the Secretary shall direct one specific policy change to be implemented by the agencies, and with the approval of the Secretary,
such agencies may implement additional policy changes. All agencies designated under this section shall be evaluated through rigorous research as determined by the Secretary, and shall provide
information requested by the Secretary to support such oversight
and evaluation, including the targeted policy changes. Research
and evaluation shall be coordinated under the direction of the

H. R. 2029—657
Secretary, and in consultation with the advisory committee, and
findings shall be shared broadly. The Secretary shall consult the
advisory committee with respect to policy changes that have proven
successful and can be applied more broadly to all public housing
agencies, and propose any necessary statutory changes. The Secretary may, at the request of a Moving to Work agency and one
or more adjacent public housing agencies in the same area, designate that Moving to Work agency as a regional agency. A regional
Moving to Work agency may administer the assistance under sections 8 and 9 of the United States Housing Act of 1937 (42 U.S.C.
1437f and g) for the participating agencies within its region pursuant to the terms of its Moving to Work agreement with the Secretary. The Secretary may agree to extend the term of the agreement and to make any necessary changes to accommodate regionalization. A Moving to Work agency may be selected as a regional
agency if the Secretary determines that unified administration of
assistance under sections 8 and 9 by that agency across multiple
jurisdictions will lead to efficiencies and to greater housing choice
for low-income persons in the region. For purposes of this expansion,
in addition to the provisions of the Act retained in section 204,
section 8(r)(1) of the Act shall continue to apply unless the Secretary
determines that waiver of this section is necessary to implement
comprehensive rent reform and occupancy policies subject to evaluation by the Secretary, and the waiver contains, at a minimum,
exceptions for requests to port due to employment, education, health
and safety. No public housing agency granted this designation
through this section shall receive more funding under sections
8 or 9 of the United States Housing Act of 1937 than it otherwise
would have received absent this designation. The Secretary shall
extend the current Moving to Work agreements of previously designated participating agencies until the end of each such agency’s
fiscal year 2028 under the same terms and conditions of such
current agreements, except for any changes to such terms or conditions otherwise mutually agreed upon by the Secretary and any
such agency and such extension agreements shall prohibit any
statutory offset of any reserve balances equal to 4 months of operating expenses. Any such reserve balances that exceed such amount
shall remain available to any such agency for all permissible purposes under such agreement unless subject to a statutory offset.
In addition to other reporting requirements, all Moving to Work
agencies shall report financial data to the Department of Housing
and Urban Development as specified by the Secretary, so that
the effect of Moving to Work policy changes can be measured.
SEC. 240. (a) AUTHORITY.—Subject to the conditions in subsection (d), the Secretary of Housing and Urban Development may
authorize, in response to requests received in fiscal years 2016
through 2020, the transfer of some or all project-based assistance,
tenant-based assistance, capital advances, debt, and statutorily
required use restrictions from housing assisted under section 811
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013) to other new or existing housing, which may include
projects, units, and other types of housing, as permitted by the
Secretary.
(b) CAPITAL ADVANCES.—Interest shall not be due and repayment of a capital advance shall not be triggered by a transfer
pursuant to this section.
(c) PHASED AND PROPORTIONAL TRANSFERS.—

H. R. 2029—658
(1) Transfers under this section may be done in phases
to accommodate the financing and other requirements related
to rehabilitating or constructing the housing to which the assistance is transferred, to ensure that such housing meets the
conditions under subsection (d).
(2) The capital advance repayment requirements, use
restrictions, rental assistance, and debt shall transfer proportionally from the transferring housing to the receiving housing.
(d) CONDITIONS.—The transfers authorized by this section shall
be subject to the following conditions:
(1) the owner of the transferring housing shall demonstrate
that the transfer is in compliance with applicable Federal,
State, and local requirements regarding Housing for Persons
with Disabilities and shall provide the Secretary with evidence
of obtaining any approvals related to housing disabled persons
that are necessary under Federal, State, and local government
requirements;
(2) the owner of the transferring housing shall demonstrate
to the Secretary that any transfer is in the best interest of
the disabled residents by offering opportunities for increased
integration or less concentration of individuals with disabilities;
(3) the owner of the transferring housing shall continue
to provide the same number of units as approved for rental
assistance by the Secretary in the receiving housing;
(4) the owner of the transferring housing shall consult
with the disabled residents in the transferring housing about
any proposed transfer under this section and shall notify the
residents of the transferring housing who are eligible for assistance to be provided in the receiving housing that they shall
not be required to vacate the transferring housing until the
receiving housing is available for occupancy;
(5) the receiving housing shall meet or exceed applicable
physical standards established or adopted by the Secretary;
and
(6) if the receiving housing has a mortgage insured under
title II of the National Housing Act, any lien on the receiving
housing resulting from additional financing shall be subordinate
to any federally insured mortgage lien transferred to, or placed
on, such housing, except that the Secretary may waive this
requirement upon determination that such a waiver is necessary to facilitate the financing of acquisition, construction,
or rehabilitation of the receiving housing.
(e) PUBLIC NOTICE.—The Secretary shall publish a notice in
the Federal Register of the terms and conditions, including criteria
for the Department’s approval of transfers pursuant to this section
no later than 30 days before the effective date of such notice.
SEC. 241. (a) Of the unobligated balances, including recaptures
and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under the heading ‘‘General and Special Risk Program Account’’, and for the cost of guaranteed notes and other obligations under the heading ‘‘Native American Housing Block Grants’’, $12,000,000 is hereby permanently
rescinded.
(b) All unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of
Housing and Urban Development under the headings ‘‘Rural
Housing and Economic Development’’, and ‘‘Homeownership and

H. R. 2029—659
Opportunity for People Everywhere Grants’’ are hereby permanently
rescinded.
SEC. 242. Funds made available in this title under the heading
‘‘Homeless Assistance Grants’’ may be used by the Secretary to
participate in Performance Partnership Pilots authorized in an
appropriations Act for fiscal year 2016 as initially authorized under
section 526 of division H of Public Law 113–76 and extended under
section 524 of division G of Public Law 113–235: Provided, That
such participation shall be limited to no more than 10 continuums
of care and housing activities to improve outcomes for disconnected
youth.
SEC. 243. With respect to grant amounts awarded under the
heading ‘‘Homeless Assistance Grants’’ for fiscal years 2015 and
2016 for the Continuum of Care (CoC) program as authorized
under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act, costs paid by program income of grant recipients may
count toward meeting the recipient’s matching requirements, provided the costs are eligible CoC costs that supplement the recipients
CoC program.
SEC. 244. With respect to funds appropriated under the
‘‘Community Development Fund’’ heading for formula allocation
to states pursuant to 42 U.S.C. 5306(d), the Secretary shall permit
a jurisdiction to demonstrate compliance with 42 U.S.C.
5305(c)(2)(A) if it had been designated as majority low- and moderate-income pursuant to data from the 2000 decennial Census
and it continues to have economic distress as evidenced by inclusion
in a designated Rural Promise Zone or Distressed County as defined
by the Appalachian Regional Commission. This section shall apply
to any such state funds appropriated under such heading under
this Act, in each fiscal year from 2017 through 2020, and under
prior appropriation Acts (with respect to any such allocated but
uncommitted funds available to any such state).
This title may be cited as the ‘‘Department of Housing and
Urban Development Appropriations Act, 2016’’.
TITLE III
RELATED AGENCIES
ACCESS BOARD
SALARIES AND EXPENSES

For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$8,023,000: Provided, That, notwithstanding any other provision
of law, there may be credited to this appropriation funds received
for publications and training expenses.
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act, 1936,
as amended (46 U.S.C. 307), including services as authorized by
5 U.S.C. 3109; hire of passenger motor vehicles as authorized by

H. R. 2029—660
31 U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902, $25,660,000: Provided, That not to
exceed $2,000 shall be available for official reception and representation expenses.
NATIONAL RAILROAD PASSENGER CORPORATION
OFFICE

OF INSPECTOR

GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General for
the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978, as amended, $24,499,000:
Provided, That the Inspector General shall have all necessary
authority, in carrying out the duties specified in the Inspector
General Act, as amended (5 U.S.C. App. 3), to investigate allegations
of fraud, including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation by
the National Railroad Passenger Corporation: Provided further,
That the Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other services with
public agencies and with private persons, subject to the applicable
laws and regulations that govern the obtaining of such services
within the National Railroad Passenger Corporation: Provided further, That the Inspector General may select, appoint, and employ
such officers and employees as may be necessary for carrying out
the functions, powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern such
selections, appointments, and employment within the Corporation:
Provided further, That concurrent with the President’s budget
request for fiscal year 2017, the Inspector General shall submit
to the House and Senate Committees on Appropriations a budget
request for fiscal year 2017 in similar format and substance to
those submitted by executive agencies of the Federal Government.
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety
Board, including hire of passenger motor vehicles and aircraft;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for a GS–
15; uniforms, or allowances therefor, as authorized by law (5 U.S.C.
5901–5902), $105,170,000, of which not to exceed $2,000 may be
used for official reception and representation expenses. The amounts
made available to the National Transportation Safety Board in
this Act include amounts necessary to make lease payments on
an obligation incurred in fiscal year 2001 for a capital lease.
NEIGHBORHOOD REINVESTMENT CORPORATION
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as authorized by
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–

H. R. 2029—661
8107), $135,000,000, of which $5,000,000 shall be for a multi-family
rental housing program: Provided, That in addition, $40,000,000
shall be made available until expended to the Neighborhood
Reinvestment Corporation for mortgage foreclosure mitigation
activities, under the following terms and conditions:
(1) The Neighborhood Reinvestment Corporation (NRC)
shall make grants to counseling intermediaries approved by
the Department of Housing and Urban Development (HUD)
(with match to be determined by NRC based on affordability
and the economic conditions of an area; a match also may
be waived by NRC based on the aforementioned conditions)
to provide mortgage foreclosure mitigation assistance primarily
to States and areas with high rates of defaults and foreclosures
to help eliminate the default and foreclosure of mortgages of
owner-occupied single-family homes that are at risk of such
foreclosure. Other than areas with high rates of defaults and
foreclosures, grants may also be provided to approved counseling intermediaries based on a geographic analysis of the
Nation by NRC which determines where there is a prevalence
of mortgages that are risky and likely to fail, including any
trends for mortgages that are likely to default and face foreclosure. A State Housing Finance Agency may also be eligible
where the State Housing Finance Agency meets all the requirements under this paragraph. A HUD-approved counseling intermediary shall meet certain mortgage foreclosure mitigation
assistance counseling requirements, as determined by NRC,
and shall be approved by HUD or NRC as meeting these
requirements.
(2) Mortgage foreclosure mitigation assistance shall only
be made available to homeowners of owner-occupied homes
with mortgages in default or in danger of default. These mortgages shall likely be subject to a foreclosure action and homeowners will be provided such assistance that shall consist of
activities that are likely to prevent foreclosures and result
in the long-term affordability of the mortgage retained pursuant
to such activity or another positive outcome for the homeowner.
No funds made available under this paragraph may be provided
directly to lenders or homeowners to discharge outstanding
mortgage balances or for any other direct debt reduction payments.
(3) The use of mortgage foreclosure mitigation assistance
by approved counseling intermediaries and State Housing
Finance Agencies shall involve a reasonable analysis of the
borrower’s financial situation, an evaluation of the current
value of the property that is subject to the mortgage, counseling
regarding the assumption of the mortgage by another nonFederal party, counseling regarding the possible purchase of
the mortgage by a non-Federal third party, counseling and
advice of all likely restructuring and refinancing strategies
or the approval of a work-out strategy by all interested parties.
(4) NRC may provide up to 15 percent of the total funds
under this paragraph to its own charter members with expertise
in foreclosure prevention counseling, subject to a certification
by NRC that the procedures for selection do not consist of
any procedures or activities that could be construed as a conflict
of interest or have the appearance of impropriety.

H. R. 2029—662
(5) HUD-approved counseling entities and State Housing
Finance Agencies receiving funds under this paragraph shall
have demonstrated experience in successfully working with
financial institutions as well as borrowers facing default, delinquency and foreclosure as well as documented counseling
capacity, outreach capacity, past successful performance and
positive outcomes with documented counseling plans (including
post mortgage foreclosure mitigation counseling), loan workout
agreements and loan modification agreements. NRC may use
other criteria to demonstrate capacity in underserved areas.
(6) Of the total amount made available under this paragraph, up to $2,000,000 may be made available to build the
mortgage foreclosure and default mitigation counseling capacity
of counseling intermediaries through NRC training courses with
HUD-approved counseling intermediaries and their partners,
except that private financial institutions that participate in
NRC training shall pay market rates for such training.
(7) Of the total amount made available under this paragraph, up to 5 percent may be used for associated administrative expenses for NRC to carry out activities provided under
this section.
(8) Mortgage foreclosure mitigation assistance grants may
include a budget for outreach and advertising, and training,
as determined by NRC.
(9) NRC shall continue to report bi-annually to the House
and Senate Committees on Appropriations as well as the Senate
Banking Committee and House Financial Services Committee
on its efforts to mitigate mortgage default.
UNITED STATES INTERAGENCY COUNCIL

ON

HOMELESSNESS

OPERATING EXPENSES

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section
3109 of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant
to title II of the McKinney-Vento Homeless Assistance Act, as
amended, $3,530,000.
TITLE IV
GENERAL PROVISIONS—THIS ACT
SEC. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except where

H. R. 2029—663
otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
SEC. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
SEC. 405. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
available for obligation or expenditure in fiscal year 2016, or provided from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming
of funds that—
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted
by the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch, division,
office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted
to the Committees on Appropriations or the table accompanying
the explanatory statement accompanying this Act, whichever
is more detailed, unless prior approval is received from the
House and Senate Committees on Appropriations: Provided,
That not later than 60 days after the date of enactment of
this Act, each agency funded by this Act shall submit a report
to the Committees on Appropriations of the Senate and of
the House of Representatives to establish the baseline for
application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That the report shall
include—

H. R. 2029—664
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the President’s budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level;
(B) a delineation in the table for each appropriation
and its respective prior year enacted level by object class
and program, project, and activity as detailed in the budget
appendix for the respective appropriation; and
(C) an identification of items of special congressional
interest.
SEC. 406. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2016 from appropriations made available
for salaries and expenses for fiscal year 2016 in this Act, shall
remain available through September 30, 2017, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the House and Senate Committees on Appropriations
for approval prior to the expenditure of such funds: Provided further,
That these requests shall be made in compliance with reprogramming guidelines under section 405 of this Act.
SEC. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power of
eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section, public use
shall not be construed to include economic development that primarily benefits private entities: Provided further, That any use
of funds for mass transit, railroad, airport, seaport or highway
projects, as well as utility projects which benefit or serve the general
public (including energy-related, communication-related, waterrelated and wastewater-related infrastructure), other structures
designated for use by the general public or which have other
common-carrier or public-utility functions that serve the general
public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to
public health and safety or brownfields as defined in the Small
Business Liability Relief and Brownfields Revitalization Act (Public
Law 107–118) shall be considered a public use for purposes of
eminent domain.
SEC. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 409. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a position,
other than a temporary position, formerly held by an employee
who has left to enter the Armed Forces of the United States and
has satisfactorily completed his or her period of active military
or naval service, and has within 90 days after his or her release
from such service or from hospitalization continuing after discharge
for a period of not more than 1 year, made application for restoration
to his or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the duties
of his or her former position and has not been restored thereto.
SEC. 410. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending

H. R. 2029—665
the assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly known
as the ‘‘Buy American Act’’).
SEC. 411. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 10a–10c).
SEC. 412. None of the funds made available in this Act may
be used for first-class airline accommodations in contravention of
sections 301–10.122 and 301–10.123 of title 41, Code of Federal
Regulations.
SEC. 413. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code, or
exemption application under section 40109 of that title of an air
carrier already holding an air operators certificate issued by a
country that is party to the U.S.-E.U.-Iceland-Norway Air Transport
Agreement where such approval would contravene United States
law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign
air carrier permit or an exemption to such an air carrier where
such authorization is consistent with the U.S.-E.U.-Iceland-Norway
Air Transport Agreement and United States law.
SEC. 414. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees of a single agency or department of the United States
Government, who are stationed in the United States, at any single
international conference unless the relevant Secretary reports to
the House and Senate Committees on Appropriations at least 5
days in advance that such attendance is important to the national
interest: Provided, That for purposes of this section the term ‘‘international conference’’ shall mean a conference occurring outside of
the United States attended by representatives of the United States
Government and of foreign governments, international organizations, or nongovernmental organizations.
SEC. 415. None of the funds made available by this Act may
be used by the Federal Transit Administration to implement, administer, or enforce section 18.36(c)(2) of title 49, Code of Federal
Regulations, for construction hiring purposes.
SEC. 416. None of the funds made available by this Act may
be used in contravention of the 5th or 14th Amendment to the
Constitution or title VI of the Civil Rights Act of 1964.
SEC. 417. None of the funds made available by this Act may
be used by the Department of Transportation, the Department
of Housing and Urban Development, or any other Federal agency
to lease or purchase new light duty vehicles for any executive
fleet, or for an agency’s fleet inventory, except in accordance with
Presidential Memorandum—Federal Fleet Performance, dated May
24, 2011.
SEC. 418. None of the funds made available by this Act may
be used in contravention of subpart E of part 5 of the regulations
of the Secretary of Housing and Urban Development (24 CFR part
5, subpart E, relating to restrictions on assistance to noncitizens).
SEC. 419. None of the funds made available by this Act may
be used to provide financial assistance in contravention of section

H. R. 2029—666
214(d) of the Housing and Community Development Act of 1980
(42 U.S.C. 1436a(d)).
SEC. 420. For an additional amount for ‘‘Community Planning
and Development, Community Development Fund’’, $300,000,000,
to remain available until expended, for necessary expenses for
activities authorized under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster
relief, long-term recovery, restoration of infrastructure and housing,
and economic revitalization in the most impacted and distressed
areas resulting from a major disaster declared in 2015 pursuant
to the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) related to the consequences of Hurricane
Joaquin and adjacent storm systems, Hurricane Patricia, and other
flood events: Provided, That funds shall be awarded directly to
the State or unit of general local government at the discretion
of the Secretary: Provided further, That prior to the obligation
of funds a grantee shall submit a plan to the Secretary for approval
detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery
and restoration of infrastructure and housing and economic revitalization in the most impacted and distressed areas: Provided further,
That such funds may not be used for activities reimbursable by,
or for which funds are made available by, the Federal Emergency
Management Agency or the Army Corps of Engineers: Provided
further, That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant
to section 106 of the Housing and Community Development Act
of 1974 (42 U.S.C. 5306): Provided further, That a State or subdivision thereof may use up to five percent of its allocation for administrative costs: Provided further, That in administering the funds
under this heading, the Secretary of Housing and Urban Development may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers
in connection with the obligation by the Secretary or the use by
the recipient of these funds (except for requirements related to
fair housing, nondiscrimination, labor standards, and the environment), if the Secretary finds that good cause exists for the waiver
or alternative requirement and such waiver or alternative requirement would not be inconsistent with the overall purpose of title
I of the Housing and Community Development Act of 1974: Provided
further, That, notwithstanding the preceding proviso, recipients of
funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404,
406, 407, or 502 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) may adopt,
without review or public comment, any environmental review,
approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect
to such environmental review, approval or permit: Provided further,
That, notwithstanding section 104(g)(2) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary
may, upon receipt of a request for release of funds and certification,
immediately approve the release of funds for an activity or project
assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso
or the activity or project is categorically excluded from review
under the National Environmental Policy Act of 1969 (42 U.S.C.

H. R. 2029—667
4321 et seq.): Provided further, That the Secretary shall publish
via notice in the Federal Register any waiver, or alternative requirement, to any statute or regulation that the Secretary administers
pursuant to title I of the Housing and Community Development
Act of 1974 no later than five days before the effective date of
such waiver or alternative requirement: Provided further, That
of the amounts made available under this section, up to $1,000,000
may be transferred to ‘‘Program Office Salaries and Expenses,
Community Planning and Development’’ for necessary costs,
including information technology costs, of administering and overseeing funds made available under this heading: Provided further,
That amounts provided under this section shall be designated by
Congress as being for disaster relief pursuant to section 251(b)(2)(D)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 421. Effective as of December 4, 2015, and as if included
therein as enacted, section 1408 of the Fixing America’s Surface
Transportation Act (Public Law 114–94) is amended by adding
at the end the following:
‘‘(c) APPLICABILITY.—The amendment made by subsection (b)
shall apply to projects to repair or reconstruct facilities damaged
as a result of a natural disaster or catastrophic failure described
in section 125(a) of title 23, United States Code, occurring on
or after October 1, 2015.’’.
This division may be cited as the ‘‘Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act,
2016’’.

DIVISION M—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This division may be cited as the ‘‘Intelligence Authorization Act for Fiscal Year 2016’’.
(b) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
DIVISION M—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Explanatory statement.
Sec.
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.
105.

TITLE I—INTELLIGENCE ACTIVITIES
Authorization of appropriations.
Classified schedule of authorizations.
Personnel ceiling adjustments.
Intelligence Community Management Account.
Clarification regarding authority for flexible personnel management
among elements of intelligence community.

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III—GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Provision of information and assistance to Inspector General of the Intelligence Community.
Sec. 304. Inclusion of Inspector General of Intelligence Community in Council of Inspectors General on Integrity and Efficiency.

H. R. 2029—668
Sec.
Sec.
Sec.
Sec.

305.
306.
307.
308.

Sec. 309.
Sec. 310.
Sec. 311.
Sec. 312.
Sec. 313.

Clarification of authority of Privacy and Civil Liberties Oversight Board.
Enhancing government personnel security programs.
Notification of changes to retention of call detail record policies.
Personnel information notification policy by the Director of National Intelligence.
Designation of lead intelligence officer for tunnels.
Reporting process required for tracking certain requests for country clearance.
Study on reduction of analytic duplication.
Strategy for comprehensive interagency review of the United States national security overhead satellite architecture.
Cyber attack standards of measurement study.

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE
COMMUNITY
Subtitle A—Office of the Director of National Intelligence
Sec. 401. Appointment and confirmation of the National Counterintelligence Executive.
Sec. 402. Technical amendments relating to pay under title 5, United States Code.
Sec. 403. Analytic objectivity review.
Subtitle B—Central Intelligence Agency and Other Elements
Sec. 411. Authorities of the Inspector General for the Central Intelligence Agency.
Sec. 412. Prior congressional notification of transfers of funds for certain intelligence activities.
TITLE V—MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A—Matters Relating to Russia
Sec. 501. Notice of deployment or transfer of Club–K container missile system by
the Russian Federation.
Sec. 502. Assessment on funding of political parties and nongovernmental organizations by the Russian Federation.
Sec. 503. Assessment on the use of political assassinations as a form of statecraft
by the Russian Federation.
Subtitle B—Matters Relating to Other Countries
Sec. 511. Report on resources and collection posture with regard to the South
China Sea and East China Sea.
Sec. 512. Use of locally employed staff serving at a United States diplomatic facility
in Cuba.
Sec. 513. Inclusion of sensitive compartmented information facilities in United
States diplomatic facilities in Cuba.
Sec. 514. Report on use by Iran of funds made available through sanctions relief.
TITLE VI—MATTERS RELATING TO UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA
Sec. 601. Prohibition on use of funds for transfer or release of individuals detained
at United States Naval Station, Guantanamo Bay, Cuba, to the United
States.
Sec. 602. Prohibition on use of funds to construct or modify facilities in the United
States to house detainees transferred from United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 603. Prohibition on use of funds for transfer or release to certain countries of
individuals detained at United States Naval Station, Guantanamo Bay,
Cuba.
TITLE VII—REPORTS AND OTHER MATTERS
Subtitle A—Reports
Sec. 701. Repeal of certain reporting requirements.
Sec. 702. Reports on foreign fighters.
Sec. 703. Report on strategy, efforts, and resources to detect, deter, and degrade Islamic State revenue mechanisms.
Sec. 704. Report on United States counterterrorism strategy to disrupt, dismantle,
and defeat the Islamic State, al-Qa’ida, and their affiliated groups, associated groups, and adherents.
Sec. 705. Report on effects of data breach of Office of Personnel Management.
Sec. 706. Report on hiring of graduates of Cyber Corps Scholarship Program by intelligence community.

H. R. 2029—669
Sec. 707. Report on use of certain business concerns.
Subtitle B—Other Matters
Sec. 711. Use of homeland security grant funds in conjunction with Department of
Energy national laboratories.
Sec. 712. Inclusion of certain minority-serving institutions in grant program to enhance recruiting of intelligence community workforce.
SEC. 2. DEFINITIONS.

In this division:
(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term
‘‘congressional intelligence committees’’ means—
(A) the Select Committee on Intelligence of the Senate;
and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence
community’’ has the meaning given that term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 3. EXPLANATORY STATEMENT.

The explanatory statement regarding this division, printed in
the House section of the Congressional Record on or about December
15, 2015, by the Chairman of the Permanent Select Committee
on Intelligence of the House of Representatives, shall have the
same effect with respect to the implementation of this division
as if it were a joint explanatory statement of a committee of conference.

TITLE I—INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year
2016 for the conduct of the intelligence and intelligence-related
activities of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL LEVELS.—
The amounts authorized to be appropriated under section 101 and,

H. R. 2029—670
subject to section 103, the authorized personnel ceilings as of September 30, 2016, for the conduct of the intelligence activities of
the elements listed in paragraphs (1) through (16) of section 101,
are those specified in the classified Schedule of Authorizations
prepared to accompany this division of this Act.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.—
(1) AVAILABILITY.—The classified Schedule of Authorizations referred to in subsection (a) shall be made available
to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and
to the President.
(2) DISTRIBUTION BY THE PRESIDENT.—Subject to paragraph
(3), the President shall provide for suitable distribution of the
classified Schedule of Authorizations, or of appropriate portions
of the Schedule, within the executive branch.
(3) LIMITS ON DISCLOSURE.—The President shall not publicly disclose the classified Schedule of Authorizations or any
portion of such Schedule except—
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50
U.S.C. 3306(a));
(B) to the extent necessary to implement the budget;
or
(C) as otherwise required by law.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

(a) AUTHORITY FOR INCREASES.—The Director of National Intelligence may authorize employment of civilian personnel in excess
of the number authorized for fiscal year 2016 by the classified
Schedule of Authorizations referred to in section 102(a) if the
Director of National Intelligence determines that such action is
necessary to the performance of important intelligence functions,
except that the number of personnel employed in excess of the
number authorized under such section may not, for any element
of the intelligence community, exceed 3 percent of the number
of civilian personnel authorized under such schedule for such element.
(b) TREATMENT OF CERTAIN PERSONNEL.—The Director of
National Intelligence shall establish guidelines that govern, for
each element of the intelligence community, the treatment under
the personnel levels authorized under section 102(a), including any
exemption from such personnel levels, of employment or assignment
in—
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long-term, full-time training.
(c) NOTICE TO CONGRESSIONAL INTELLIGENCE COMMITTEES.—
The Director of National Intelligence shall notify the congressional
intelligence committees in writing at least 15 days prior to each
exercise of an authority described in subsection (a).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal year
2016 the sum of $516,306,000. Within such amount, funds identified
in the classified Schedule of Authorizations referred to in section

H. R. 2029—671
102(a) for advanced research and development shall remain available until September 30, 2017.
(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the
Intelligence Community Management Account of the Director of
National Intelligence are authorized 785 positions as of September
30, 2016. Personnel serving in such elements may be permanent
employees of the Office of the Director of National Intelligence
or personnel detailed from other elements of the United States
Government.
(c) CLASSIFIED AUTHORIZATIONS.—
(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Community Management
Account for fiscal year 2016 such additional amounts as are
specified in the classified Schedule of Authorizations referred
to in section 102(a). Such additional amounts for advanced
research and development shall remain available until September 30, 2017.
(2) AUTHORIZATION OF PERSONNEL.—In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30,
2016, there are authorized such additional personnel for the
Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to
in section 102(a).
SEC. 105. CLARIFICATION REGARDING AUTHORITY FOR FLEXIBLE
PERSONNEL MANAGEMENT AMONG ELEMENTS OF INTELLIGENCE COMMUNITY.

(a) CLARIFICATION.—Section 102A(v) of the National Security
Act of 1947 (50 U.S.C. 3024(v)) is amended—
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new paragraph (3):
‘‘(3) A covered department may appoint an individual to
a position converted or established pursuant to this subsection
without regard to the civil-service laws, including parts II and
III of title 5, United States Code.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply with respect to an appointment under section 102A(v)
of the National Security Act of 1947 (50 U.S.C. 3024(v)) made
on or after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2012 (Public Law 112–87) and to any
proceeding pending on or filed after the date of the enactment
of this section that relates to such an appointment.

TITLE
II—CENTRAL
INTELLIGENCE
AGENCY
RETIREMENT
AND
DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2016
the sum of $514,000,000.

H. R. 2029—672

TITLE III—GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.

Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

The authorization of appropriations by this division shall not
be deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or
the laws of the United States.
SEC.

303.

PROVISION OF INFORMATION AND ASSISTANCE TO
INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

Section 103H(j)(4) of the National Security Act of 1947 (50
U.S.C. 3033(j)(4)) is amended—
(1) in subparagraph (A), by striking ‘‘any department,
agency, or other element of the United States Government’’
and inserting ‘‘any Federal, State (as defined in section 804),
or local governmental agency or unit thereof’’; and
(2) in subparagraph (B), by inserting ‘‘from a department,
agency, or element of the Federal Government’’ before ‘‘under
subparagraph (A)’’.
SEC. 304. INCLUSION OF INSPECTOR GENERAL OF INTELLIGENCE
COMMUNITY IN COUNCIL OF INSPECTORS GENERAL ON
INTEGRITY AND EFFICIENCY.

Section 11(b)(1)(B) of the Inspector General Act of 1978 (Public
Law 95–452; 5 U.S.C. App.) is amended by striking ‘‘the Office
of the Director of National Intelligence’’ and inserting ‘‘the Intelligence Community’’.
SEC. 305. CLARIFICATION OF AUTHORITY OF PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

Section 1061(g) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is amended by adding
at the end the following new paragraph:
‘‘(5) ACCESS.—Nothing in this section shall be construed
to authorize the Board, or any agent thereof, to gain access
to information regarding an activity covered by section 503(a)
of the National Security Act of 1947 (50 U.S.C. 3093(a)).’’.
SEC. 306. ENHANCING GOVERNMENT PERSONNEL SECURITY PROGRAMS.

(a) ENHANCED SECURITY CLEARANCE PROGRAMS.—
(1) IN GENERAL.—Part III of title 5, United States Code,
is amended by adding at the end the following:

H. R. 2029—673

‘‘Subpart J—Enhanced Personnel Security
Programs
‘‘CHAPTER 110—ENHANCED PERSONNEL SECURITY
PROGRAMS
‘‘Sec.
‘‘11001. Enhanced personnel security programs.
‘‘SEC. 11001. ENHANCED PERSONNEL SECURITY PROGRAMS.

‘‘(a) ENHANCED PERSONNEL SECURITY PROGRAM.—The Director
of National Intelligence shall direct each agency to implement a
program to provide enhanced security review of covered individuals—
‘‘(1) in accordance with this section; and
‘‘(2) not later than the earlier of—
‘‘(A) the date that is 5 years after the date of the
enactment of the Intelligence Authorization Act for Fiscal
Year 2016; or
‘‘(B) the date on which the backlog of overdue periodic
reinvestigations of covered individuals is eliminated, as
determined by the Director of National Intelligence.
‘‘(b) COMPREHENSIVENESS.—
‘‘(1) SOURCES OF INFORMATION.—The enhanced personnel
security program of an agency shall integrate relevant and
appropriate information from various sources, including government, publicly available, and commercial data sources, consumer reporting agencies, social media, and such other sources
as determined by the Director of National Intelligence.
‘‘(2) TYPES OF INFORMATION.—Information obtained and
integrated from sources described in paragraph (1) may
include—
‘‘(A) information relating to any criminal or civil legal
proceeding;
‘‘(B) financial information relating to the covered individual, including the credit worthiness of the covered individual;
‘‘(C) publicly available information, whether electronic,
printed, or other form, including relevant security or
counterintelligence information about the covered individual or information that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to
another country, change in ideology, or that the covered
individual lacks good judgment, reliability, or trustworthiness; and
‘‘(D) data maintained on any terrorist or criminal watch
list maintained by any agency, State or local government,
or international organization.
‘‘(c) REVIEWS OF COVERED INDIVIDUALS.—
‘‘(1) REVIEWS.—
‘‘(A) IN GENERAL.—The enhanced personnel security
program of an agency shall require that, not less than
2 times every 5 years, the head of the agency shall conduct
or request the conduct of automated record checks and
checks of information from sources under subsection (b)
to ensure the continued eligibility of each covered individual to access classified information and hold a sensitive

H. R. 2029—674
position unless more frequent reviews of automated record
checks and checks of information from sources under subsection (b) are conducted on the covered individual.
‘‘(B) SCOPE OF REVIEWS.—Except for a covered individual who is subject to more frequent reviews to ensure
the continued eligibility of the covered individual to access
classified information and hold a sensitive position, the
reviews under subparagraph (A) shall consist of random
or aperiodic checks of covered individuals, such that each
covered individual is subject to at least 2 reviews during
the 5-year period beginning on the date on which the
agency implements the enhanced personnel security program of an agency, and during each 5-year period thereafter.
‘‘(C) INDIVIDUAL REVIEWS.—A review of the information
relating to the continued eligibility of a covered individual
to access classified information and hold a sensitive position
under subparagraph (A) may not be conducted until after
the end of the 120-day period beginning on the date the
covered individual receives the notification required under
paragraph (3).
‘‘(2) RESULTS.—The head of an agency shall take appropriate action if a review under paragraph (1) finds relevant
information that may affect the continued eligibility of a covered
individual to access classified information and hold a sensitive
position.
‘‘(3) INFORMATION FOR COVERED INDIVIDUALS.—The head
of an agency shall ensure that each covered individual is adequately advised of the types of relevant security or counterintelligence information the covered individual is required to report
to the head of the agency.
‘‘(4) LIMITATION.—Nothing in this subsection shall be construed to affect the authority of an agency to determine the
appropriate weight to be given to information relating to a
covered individual in evaluating the continued eligibility of
the covered individual.
‘‘(5) AUTHORITY OF THE PRESIDENT.—Nothing in this subsection shall be construed as limiting the authority of the
President to direct or perpetuate periodic reinvestigations of
a more comprehensive nature or to delegate the authority to
direct or perpetuate such reinvestigations.
‘‘(6) EFFECT ON OTHER REVIEWS.—Reviews conducted under
paragraph (1) are in addition to investigations and reinvestigations conducted pursuant to section 3001 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341).
‘‘(d) AUDIT.—
‘‘(1) IN GENERAL.—Beginning 2 years after the date of the
implementation of the enhanced personnel security program
of an agency under subsection (a), the Inspector General of
the agency shall conduct at least 1 audit to assess the effectiveness and fairness, which shall be determined in accordance
with performance measures and standards established by the
Director of National Intelligence, to covered individuals of the
enhanced personnel security program of the agency.
‘‘(2) SUBMISSIONS TO DNI.—The results of each audit conducted under paragraph (1) shall be submitted to the Director
of National Intelligence to assess the effectiveness and fairness

H. R. 2029—675
of the enhanced personnel security programs across the Federal
Government.
‘‘(e) DEFINITIONS.—In this section—
‘‘(1) the term ‘agency’ has the meaning given that term
in section 3001 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341);
‘‘(2) the term ‘consumer reporting agency’ has the meaning
given that term in section 603 of the Fair Credit Reporting
Act (15 U.S.C. 1681a);
‘‘(3) the term ‘covered individual’ means an individual
employed by an agency or a contractor of an agency who has
been determined eligible for access to classified information
or eligible to hold a sensitive position;
‘‘(4) the term ‘enhanced personnel security program’ means
a program implemented by an agency at the direction of the
Director of National Intelligence under subsection (a); and’’.
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table
of chapters for part III of title 5, United States Code, is
amended by adding at the end following:
‘‘Subpart J—Enhanced Personnel Security Programs
‘‘110. Enhanced personnel security programs ....................................................11001’’.

(b) RESOLUTION OF BACKLOG OF OVERDUE PERIODIC REINVESTIGATIONS.—
(1) IN GENERAL.—The Director of National Intelligence shall
develop and implement a plan to eliminate the backlog of
overdue periodic reinvestigations of covered individuals.
(2) REQUIREMENTS.—The plan developed under paragraph
(1) shall—
(A) use a risk-based approach to—
(i) identify high-risk populations; and
(ii) prioritize reinvestigations that are due or
overdue to be conducted; and
(B) use random automated record checks of covered
individuals that shall include all covered individuals in
the pool of individuals subject to a one-time check.
(3) DEFINITIONS.—In this subsection:
(A) The term ‘‘covered individual’’ means an individual
who has been determined eligible for access to classified
information or eligible to hold a sensitive position.
(B) The term ‘‘periodic reinvestigations’’ has the
meaning given such term in section 3001(a)(7) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(a)(7)).
SEC. 307. NOTIFICATION OF CHANGES TO RETENTION OF CALL DETAIL
RECORD POLICIES.

(a) REQUIREMENT TO RETAIN.—
(1) IN GENERAL.—Not later than 15 days after learning
that an electronic communication service provider that generates call detail records in the ordinary course of business
has changed the policy of the provider on the retention of
such call detail records to result in a retention period of less
than 18 months, the Director of National Intelligence shall
notify, in writing, the congressional intelligence committees
of such change.

H. R. 2029—676
(2) REPORT.—Not later than 30 days after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees a report identifying each
electronic communication service provider that has, as of the
date of the report, a policy to retain call detail records for
a period of 18 months or less.
(b) DEFINITIONS.—In this section:
(1) CALL DETAIL RECORD.—The term ‘‘call detail record’’
has the meaning given that term in section 501(k) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1861(k)).
(2) ELECTRONIC COMMUNICATION SERVICE PROVIDER.—The
term ‘‘electronic communication service provider’’ has the
meaning given that term in section 701(b)(4) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(b)(4)).
SEC. 308. PERSONNEL INFORMATION NOTIFICATION POLICY BY THE
DIRECTOR OF NATIONAL INTELLIGENCE.

(a) DIRECTIVE REQUIRED.—The Director of National Intelligence
shall issue a directive containing a written policy for the timely
notification to the congressional intelligence committees of the
identities of individuals occupying senior level positions within the
intelligence community.
(b) SENIOR LEVEL POSITION.—In identifying positions that are
senior level positions in the intelligence community for purposes
of the directive required under subsection (a), the Director of
National Intelligence shall consider whether a position—
(1) constitutes the head of an entity or a significant component within an agency;
(2) is involved in the management or oversight of matters
of significant import to the leadership of an entity of the intelligence community;
(3) provides significant responsibility on behalf of the intelligence community;
(4) requires the management of a significant number of
personnel or funds;
(5) requires responsibility management or oversight of sensitive intelligence activities; and
(6) is held by an individual designated as a senior intelligence management official as such term is defined in section
368(a)(6) of the Intelligence Authorization Act for Fiscal Year
2010 (Public Law 111–259; 50 U.S.C. 404i–1 note).
(c) NOTIFICATION.—The Director shall ensure that each notification under the directive issued under subsection (a) includes each
of the following:
(1) The name of the individual occupying the position.
(2) Any previous senior level position held by the individual,
if applicable, or the position held by the individual immediately
prior to the appointment.
(3) The position to be occupied by the individual.
(4) Any other information the Director determines appropriate.
(d) RELATIONSHIP TO OTHER LAWS.—The directive issued under
subsection (a) and any amendment to such directive shall be consistent with the provisions of the National Security Act of 1947
(50 U.S.C. 401 et seq.).

H. R. 2029—677
(e) SUBMISSION.—Not later than 90 days after the date of
the enactment of this Act, the Director shall submit to the congressional intelligence committees the directive issued under subsection
(a).
SEC. 309. DESIGNATION OF LEAD INTELLIGENCE OFFICER FOR TUNNELS.

(a) IN GENERAL.—The Director of National Intelligence shall
designate an official to manage the collection and analysis of intelligence regarding the tactical use of tunnels by state and nonstate
actors.
(b) ANNUAL REPORT.—Not later than the date that is 10 months
after the date of the enactment of this Act, and biennially thereafter
until the date that is 4 years after the date of the enactment
of this Act, the Director of National Intelligence shall submit to
the congressional intelligence committees and the congressional
defense committees (as such term is defined in section 101(a)(16)
of title 10, United States Code) a report describing—
(1) trends in the use of tunnels by foreign state and
nonstate actors; and
(2) collaboration efforts between the United States and
partner countries to address the use of tunnels by adversaries.
SEC. 310. REPORTING PROCESS REQUIRED FOR TRACKING CERTAIN
REQUESTS FOR COUNTRY CLEARANCE.

(a) IN GENERAL.—By not later than September 30, 2016, the
Director of National Intelligence shall establish a formal internal
reporting process for tracking requests for country clearance submitted to overseas Director of National Intelligence representatives
by departments and agencies of the United States. Such reporting
process shall include a mechanism for tracking the department
or agency that submits each such request and the date on which
each such request is submitted.
(b) CONGRESSIONAL BRIEFING.—By not later than December
31, 2016, the Director of National Intelligence shall brief the
congressional intelligence committees on the progress of the Director
in establishing the process required under subsection (a).
SEC. 311. STUDY ON REDUCTION OF ANALYTIC DUPLICATION.

(a) STUDY AND REPORT.—
(1) IN GENERAL.—Not later than January 31, 2016, the
Director of National Intelligence shall—
(A) carry out a study to evaluate and measure the
incidence of duplication in finished intelligence analysis
products; and
(B) submit to the congressional intelligence committees
a report on the findings of such study.
(2) METHODOLOGY REQUIREMENTS.—The methodology used
to carry out the study required by this subsection shall be
able to be repeated for use in other subsequent studies.
(b) ELEMENTS.—The report required by subsection (a)(1)(B)
shall include—
(1) detailed information—
(A) relating to the frequency of duplication of finished
intelligence analysis products; and
(B) that describes the types of, and the reasons for,
any such duplication; and

H. R. 2029—678
(2) a determination as to whether to make the production
of such information a routine part of the mission of the Analytic
Integrity and Standards Group.
(c) CUSTOMER IMPACT PLAN.—Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence committees a plan for revising analytic practice, tradecraft, and standards
to ensure customers are able to clearly identify—
(1) the manner in which intelligence products written on
similar topics and that are produced contemporaneously differ
from one another in terms of methodology, sourcing, or other
distinguishing analytic characteristics; and
(2) the significance of that difference.
(d) CONSTRUCTION.—Nothing in this section may be construed
to impose any requirement that would interfere with the production
of an operationally urgent or otherwise time-sensitive current intelligence product.
SEC. 312. STRATEGY FOR COMPREHENSIVE INTERAGENCY REVIEW OF
THE UNITED STATES NATIONAL SECURITY OVERHEAD SATELLITE ARCHITECTURE.

(a) REQUIREMENT FOR STRATEGY.—The Director of National
Intelligence shall collaborate with the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff to develop a strategy,
with milestones and benchmarks, to ensure that there is a comprehensive interagency review of policies and practices 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. Such strategy shall, where applicable, account for the
unique missions and authorities vested in the Department of
Defense and the intelligence community.
(b) ELEMENTS.—The strategy required by subsection (a) shall
ensure that the United States national security overhead satellite
architecture—
(1) meets the needs of the United States in peace time
and is resilient in war time;
(2) is fiscally responsible;
(3) accurately takes into account cost and performance
tradeoffs;
(4) meets realistic requirements;
(5) produces excellence, innovation, competition, and a
robust industrial base;
(6) aims to produce in less than 5 years innovative satellite
systems that are able to leverage common, standardized design
elements and commercially available technologies;
(7) takes advantage of rapid advances in commercial technology, innovation, and commercial-like acquisition practices;
(8) is open to innovative concepts, such as distributed,
disaggregated architectures, that could allow for better resiliency, reconstitution, replenishment, and rapid technological
refresh; and
(9) emphasizes deterrence and recognizes the importance
of offensive and defensive space control capabilities.
(c) REPORT ON STRATEGY.—Not later than February 28, 2016,
the Director of National Intelligence, the Secretary of Defense,
and the Chairman of the Joint Chiefs of Staff shall jointly submit

H. R. 2029—679
to the congressional intelligence committees, the Committee on
Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report on the strategy
required by subsection (a).
SEC. 313. CYBER ATTACK STANDARDS OF MEASUREMENT STUDY.

(a) STUDY REQUIRED.—The Director of National Intelligence,
in consultation with the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, and the Secretary
of Defense, shall carry out a study to determine appropriate standards that—
(1) can be used to measure the damage of cyber incidents
for the purposes of determining the response to such incidents;
and
(2) include a method for quantifying the damage caused
to affected computers, systems, and devices.
(b) REPORTS TO CONGRESS.—
(1) PRELIMINARY FINDINGS.—Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional
committees the initial findings of the study required under
subsection (a).
(2) REPORT.—Not later than 360 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the appropriate congressional committees a
report containing the complete findings of such study.
(3) FORM OF REPORT.—The report required by paragraph
(2) shall be submitted in unclassified form, but may contain
a classified annex.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of
the Senate.
(4) The Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate.

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A—Office of the Director of
National Intelligence
SEC. 401. APPOINTMENT AND CONFIRMATION OF THE NATIONAL
COUNTERINTELLIGENCE EXECUTIVE.

(a) IN GENERAL.—Section 902(a) of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3382) is amended to read
as follows:

H. R. 2029—680
‘‘(a) ESTABLISHMENT.—There shall be a National Counterintelligence Executive who shall be appointed by the President, by
and with the advice and consent of the Senate.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date that is one year after the date of
the enactment of this Act.
SEC. 402. TECHNICAL AMENDMENTS RELATING TO PAY UNDER TITLE
5, UNITED STATES CODE.

Section 5102(a)(1) of title 5, United States Code, is amended—
(1) in clause (vii), by striking ‘‘or’’;
(2) by inserting after clause (vii) the following new clause:
‘‘(viii) the Office of the Director of National Intelligence;’’; and
(3) in clause (x), by striking the period and inserting a
semicolon.
SEC. 403. ANALYTIC OBJECTIVITY REVIEW.

(a) ASSESSMENT.—The Director of National Intelligence shall
assign the Chief of the Analytic Integrity and Standards Group
to conduct a review of finished intelligence products produced by
the Central Intelligence Agency to assess whether the reorganization of the Agency, announced publicly on March 6, 2015, has
resulted in any loss of analytic objectivity.
(b) SUBMISSION.—Not later than March 6, 2017, the Director
of National Intelligence shall submit to the congressional intelligence committees, in writing, the results of the review required
under subsection (a), including—
(1) an assessment comparing the analytic objectivity of
a representative sample of finished intelligence products produced by the Central Intelligence Agency before the reorganization and a representative sample of such finished intelligence
products produced after the reorganization, predicated on the
products’ communication of uncertainty, expression of alternative analysis, and other underlying evaluative criteria referenced in the Strategic Evaluation of All-Source Analysis
directed by the Director;
(2) an assessment comparing the historical results of anonymous surveys of Central Intelligence Agency analysts and customers conducted before the reorganization and the results
of such anonymous surveys conducted after the reorganization,
with a focus on the analytic standard of objectivity;
(3) a metrics-based evaluation measuring the effect that
the reorganization’s integration of operational, analytic, support, technical, and digital personnel and capabilities into Mission Centers has had on analytic objectivity; and
(4) any recommendations for ensuring that analysts of the
Central Intelligence Agency perform their functions with objectivity, are not unduly constrained, and are not influenced by
the force of preference for a particular policy.

H. R. 2029—681

Subtitle B—Central Intelligence Agency
and Other Elements
SEC. 411. AUTHORITIES OF THE INSPECTOR GENERAL FOR THE CENTRAL INTELLIGENCE AGENCY.

(a) INFORMATION AND ASSISTANCE.—Paragraph (9) of section
17(e) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(e)(9)) is amended to read as follows:
‘‘(9)(A) The Inspector General may request such information
or assistance as may be necessary for carrying out the duties
and responsibilities of the Inspector General provided by this section
from any Federal, State, or local governmental agency or unit
thereof.
‘‘(B) Upon request of the Inspector General for information
or assistance from a department or agency of the Federal Government, the head of the department or agency involved, insofar as
practicable and not in contravention of any existing statutory
restriction or regulation of such department or agency, shall furnish
to the Inspector General, or to an authorized designee, such
information or assistance.
‘‘(C) Nothing in this paragraph may be construed to provide
any new authority to the Central Intelligence Agency to conduct
intelligence activity in the United States.
‘‘(D) In this paragraph, the term ‘State’ means each of the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
and any territory or possession of the United States.’’.
(b) TECHNICAL AMENDMENTS RELATING TO SELECTION OF
EMPLOYEES.—Paragraph (7) of such section (50 U.S.C. 3517(e)(7))
is amended—
(1) by inserting ‘‘(A)’’ before ‘‘Subject to applicable law’’;
and
(2) by adding at the end the following new subparagraph:
‘‘(B) Consistent with budgetary and personnel resources allocated by the Director, the Inspector General has final approval
of—
‘‘(i) the selection of internal and external candidates for
employment with the Office of Inspector General; and
‘‘(ii) all other personnel decisions concerning personnel
permanently assigned to the Office of Inspector General,
including selection and appointment to the Senior Intelligence
Service, but excluding all security-based determinations that
are not within the authority of a head of other Central Intelligence Agency offices.’’.
SEC. 412. PRIOR CONGRESSIONAL NOTIFICATION OF TRANSFERS OF
FUNDS FOR CERTAIN INTELLIGENCE ACTIVITIES.

(a) LIMITATION.—Except as provided in subsection (b), none
of the funds authorized to be appropriated by this division or
otherwise made available for the intelligence community for fiscal
year 2016 may be used to initiate a transfer of funds from the
Joint Improvised Explosive Device Defeat Fund or the Counterterrorism Partnerships Fund to be used for intelligence activities
unless the Director of National Intelligence or the Secretary of
Defense, as appropriate, submits to the congressional intelligence

H. R. 2029—682
committees, by not later than 15 days before initiating such a
transfer, written notice of the transfer.
(b) WAIVER.—
(1) IN GENERAL.—The Director of National Intelligence or
the Secretary of Defense, as appropriate, may waive subsection
(a) with respect to the initiation of a transfer of funds if the
Director or Secretary, as the case may be, determines that
an emergency situation makes it impossible or impractical to
provide the notice required under such subsection by the date
that is 15 days before such initiation.
(2) NOTICE.—If the Director or Secretary issues a waiver
under paragraph (1), the Director or Secretary, as the case
may be, shall submit to the congressional intelligence committees, by not later than 48 hours after the initiation of the
transfer of funds covered by the waiver, written notice of the
waiver and a justification for the waiver, including a description
of the emergency situation that necessitated the waiver.

TITLE V—MATTERS RELATING TO
FOREIGN COUNTRIES
Subtitle A—Matters Relating to Russia
SEC. 501. NOTICE OF DEPLOYMENT OR TRANSFER OF CLUB–K CONTAINER MISSILE SYSTEM BY THE RUSSIAN FEDERATION.

(a) NOTICE TO CONGRESS.—The Director of National Intelligence
shall submit to the appropriate congressional committees written
notice if the intelligence community receives intelligence that the
Russian Federation has—
(1) deployed, or is about to deploy, the Club–K container
missile system through the Russian military; or
(2) transferred or sold, or intends to transfer or sell, the
Club–K container missile system to another state or non-state
actor.
(b) NOTICE TO CONGRESSIONAL INTELLIGENCE COMMITTEES.—
Not later than 30 days after the date on which the Director submits
a notice under subsection (a), the Director shall submit to the
congressional intelligence committees a written update regarding
any intelligence community engagement with a foreign partner
on the deployment and impacts of a deployment of the Club–
K container missile system to any potentially impacted nation.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of
the Senate.

H. R. 2029—683
SEC. 502. ASSESSMENT ON FUNDING OF POLITICAL PARTIES AND NONGOVERNMENTAL ORGANIZATIONS BY THE RUSSIAN FEDERATION.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the appropriate congressional committees an intelligence community assessment on 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. Such assessment shall include the following:
(1) The country involved, the entity funded, the security
service involved, and the intended effect of the funding.
(2) An evaluation of such intended effects, including with
respect to—
(A) undermining the political cohesion of the country
involved;
(B) undermining the missile defense of the United
States and the North Atlantic Treaty Organization; and
(C) undermining energy projects that could provide
an alternative to Russian energy.
(b) FORM.—The report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of
the Senate.
SEC. 503. ASSESSMENT ON THE USE OF POLITICAL ASSASSINATIONS
AS A FORM OF STATECRAFT BY THE RUSSIAN FEDERATION.

(a) REQUIREMENT FOR ASSESSMENT.—Not later than 180 days
after the date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional committees an intelligence community assessment on the use of political
assassinations as a form of statecraft by the Russian Federation
since January 1, 2000.
(b) CONTENT.—The assessment required by subsection (a) shall
include—
(1) a list of Russian politicians, businessmen, dissidents,
journalists, current or former government officials, foreign
heads-of-state, foreign political leaders, foreign journalists,
members of nongovernmental organizations, and other relevant
individuals that the intelligence community assesses were
assassinated by Russian Security Services, or agents of such
services, since January 1, 2000; and
(2) for each individual described in paragraph (1), the
country in which the assassination took place, the means used,
associated individuals and organizations, and other background
information related to the assassination of the individual.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:

H. R. 2029—684
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of
the Senate.

Subtitle B—Matters Relating to Other
Countries
SEC. 511. REPORT ON RESOURCES AND COLLECTION POSTURE WITH
REGARD TO THE SOUTH CHINA SEA AND EAST CHINA SEA.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees an intelligence community assessment on the resources used for collection
efforts and the collection posture of the intelligence community
with regard to the South China Sea and East China Sea.
(b) ELEMENTS.—The intelligence community assessment
required by subsection (a) shall provide detailed information related
to intelligence collection by the United States with regard to the
South China Sea and East China Sea, including—
(1) a review of intelligence community collection activities
and a description of these activities, including the lead agency,
key partners, purpose of collection activity, annual funding
and personnel, the manner in which the collection is conducted,
and types of information collected;
(2) an explanation of how the intelligence community
prioritizes and coordinates collection activities focused on such
region; and
(3) a description of any collection and resourcing gaps and
efforts being made to address such gaps.
SEC. 512. USE OF LOCALLY EMPLOYED STAFF SERVING AT A UNITED
STATES DIPLOMATIC FACILITY IN CUBA.

(a) SUPERVISORY REQUIREMENT.—
(1) IN GENERAL.—Except as provided under paragraph (2),
the Secretary of State shall ensure that, not later than 1
year after the date of the enactment of this Act, key supervisory
positions at a United States diplomatic facility in Cuba are
occupied by citizens of the United States.
(2) EXTENSION.—The Secretary of State may extend the
deadline under paragraph (1) for up to 1 year by providing
advance written notification and justification of such extension
to the appropriate congressional committees.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with
the heads of other appropriate Federal agencies, shall submit to
the appropriate congressional committees a report on—
(1) the progress made toward meeting the requirement
under subsection (a)(1); and
(2) the use of locally employed staff in United States diplomatic facilities in Cuba, including—
(A) the number of such staff;
(B) the responsibilities of such staff;

H. R. 2029—685
(C) the manner in which such staff are selected,
including efforts to mitigate counterintelligence threats to
the United States; and
(D) the potential cost and impact on the operational
capacity of the diplomatic facility if such staff were reduced.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee
on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs and the Committee
on Appropriations of the House of Representatives.
SEC. 513. INCLUSION OF SENSITIVE COMPARTMENTED INFORMATION
FACILITIES IN UNITED STATES DIPLOMATIC FACILITIES
IN CUBA.

(a) RESTRICTED ACCESS SPACE REQUIREMENT.—Each United
States diplomatic facility in Cuba in which classified information
will be processed or in which classified communications occur that,
after the date of the enactment of this Act, is constructed or undergoes a major construction upgrade shall be constructed to include
a sensitive compartmented information facility.
(b) NATIONAL SECURITY WAIVER.—The Secretary of State may
waive the requirement under subsection (a) if the Secretary—
(1) determines that such waiver is in the national security
interest of the United States; and
(2) submits a written justification for such waiver to the
appropriate congressional committees not later than 90 days
before exercising such waiver.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee
on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs and the Committee
on Appropriations of the House of Representatives.
SEC. 514. REPORT ON USE BY IRAN OF FUNDS MADE AVAILABLE
THROUGH SANCTIONS RELIEF.

(a) IN GENERAL.—At the times specified in subsection (b), the
Director of National Intelligence, in consultation with the Secretary
of the Treasury, shall submit to the appropriate congressional
committees a report assessing the following:
(1) The monetary value of any direct or indirect forms
of sanctions relief that Iran has received since the Joint Plan
of Action first entered into effect.
(2) How Iran has used funds made available through sanctions relief, including the extent to which any such funds have
facilitated the ability of Iran—
(A) to provide support for—
(i) any individual or entity designated for the
imposition of sanctions for activities relating to international terrorism pursuant to an executive order or
by the Office of Foreign Assets Control of the Department of the Treasury as of the date of the enactment
of this Act;

H. R. 2029—686
(ii) any organization designated by the Secretary
of State as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act
(8 U.S.C. 1189(a)) as of the date of the enactment
of this Act;
(iii) any other terrorist organization; or
(iv) the regime of Bashar al Assad in Syria;
(B) to advance the efforts of Iran or any other country
to develop nuclear weapons or ballistic missiles overtly
or covertly; or
(C) to commit any violation of the human rights of
the people of Iran.
(3) The extent to which any senior official of the Government of Iran has diverted any funds made available through
sanctions relief to be used by the official for personal use.
(b) SUBMISSION TO CONGRESS.—
(1) IN GENERAL.—The Director shall submit the report
required by subsection (a) to the appropriate congressional
committees—
(A) not later than 180 days after the date of the enactment of this Act and every 180 days thereafter during
the period that the Joint Plan of Action is in effect; and
(B) not later than 1 year after a subsequent agreement
with Iran relating to the nuclear program of Iran takes
effect and annually thereafter during the period that such
agreement remains in effect.
(2) NONDUPLICATION.—The Director may submit the
information required by subsection (a) with a report required
to be submitted to Congress under another provision of law
if—
(A) the Director notifies the appropriate congressional
committees of the intention of making such submission
before submitting that report; and
(B) all matters required to be covered by subsection
(a) are included in that report.
(c) FORM OF REPORTS.—Each report required by subsection
(a) shall be submitted in unclassified form, but may include a
classified annex.
(d) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(B) the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and
Means, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) JOINT PLAN OF ACTION.—The term ‘‘Joint Plan of Action’’
means the Joint Plan of Action, signed at Geneva November
24, 2013, by Iran and by France, Germany, the Russian Federation, the People’s Republic of China, the United Kingdom, and

H. R. 2029—687
the United States, and all implementing materials and agreements related to the Joint Plan of Action, including the technical understandings reached on January 12, 2014, the extension thereto agreed to on July 18, 2014, and the extension
thereto agreed to on November 24, 2014.

TITLE VI—MATTERS RELATING TO
UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA
SEC. 601. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE
OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, TO THE UNITED
STATES.

No amounts authorized to be appropriated or otherwise made
available to an element of the intelligence community may be
used during the period beginning on the date of the enactment
of this Act and ending on December 31, 2016, to transfer, release,
or assist in the transfer or release, to or within the United States,
its territories, or possessions, Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
SEC. 602. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY
FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES
TRANSFERRED FROM UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.

(a) IN GENERAL.—No amounts authorized to be appropriated
or otherwise made available to an element of the intelligence
community may be used during the period beginning on the date
of the enactment of this Act and ending on December 31, 2016,
to construct or modify any facility in the United States, its territories, or possessions to house any individual detained at Guantanamo for the purposes of detention or imprisonment in the custody
or under the control of the Department of Defense unless authorized
by Congress.
(b) EXCEPTION.—The prohibition in subsection (a) shall not
apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.
(c) INDIVIDUAL DETAINED AT GUANTANAMO DEFINED.—In this
section, the term ‘‘individual detained at Guantanamo’’ means any
individual located at United States Naval Station, Guantanamo
Bay, Cuba, as of October 1, 2009, who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the control of the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.

H. R. 2029—688
SEC. 603. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE
TO CERTAIN COUNTRIES OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.

No amounts authorized to be appropriated or otherwise made
available to an element of the intelligence community may be
used during the period beginning on the date of the enactment
of this Act and ending on December 31, 2016, to transfer, release,
or assist in the transfer or release of any individual detained
in the custody or under the control of the Department of Defense
at United States Naval Station, Guantanamo Bay, Cuba, to the
custody or control of any country, or any entity within such country,
as follows:
(1) Libya.
(2) Somalia.
(3) Syria.
(4) Yemen.

TITLE VII—REPORTS AND OTHER
MATTERS
Subtitle A—Reports
SEC. 701. REPEAL OF CERTAIN REPORTING REQUIREMENTS.

(a) QUADRENNIAL AUDIT OF POSITIONS REQUIRING SECURITY
CLEARANCES.—Section 506H of the National Security Act of 1947
(50 U.S.C. 3104) is amended—
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively; and
(3) in subsection (b), as so redesignated, by striking ‘‘The
results required under subsection (a)(2) and the reports
required under subsection (b)(1)’’ and inserting ‘‘The reports
required under subsection (a)(1)’’.
(b) REPORTS ON ROLE OF ANALYSTS AT FBI.—Section 2001(g)
of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108–458; 118 Stat. 3700; 28 U.S.C. 532 note) is
amended by striking paragraph (3) and redesignating paragraph
(4) as paragraph (3).
(c) REPORT ON OUTSIDE EMPLOYMENT BY OFFICERS AND
EMPLOYEES OF INTELLIGENCE COMMUNITY.—
(1) IN GENERAL.—Section 102A(u) of the National Security
Act of 1947 (50 U.S.C. 3024(u)) is amended—
(A) by striking ‘‘(1) The Director’’ and inserting ‘‘The
Director’’; and
(B) by striking paragraph (2).
(2) CONFORMING AMENDMENT.—Subsection (a) of section
507 of such Act (50 U.S.C. 3106) is amended—
(A) by striking paragraph (5); and
(B) by redesignating paragraph (6) as paragraph (5).
(3) TECHNICAL AMENDMENT.—Subsection (c)(1) of such section 507 is amended by striking ‘‘subsection (a)(1)’’ and inserting
‘‘subsection (a)’’.

H. R. 2029—689
(d) REPORTS ON NUCLEAR ASPIRATIONS OF NON-STATE ENTITIES.—Section 1055 of the National Defense Authorization Act for
Fiscal Year 2010 (50 U.S.C. 2371) is repealed.
(e) REPORTS ON ESPIONAGE BY PEOPLE’S REPUBLIC OF CHINA.—
Section 3151 of the National Defense Authorization Act for Fiscal
Year 2000 (42 U.S.C. 7383e) is repealed.
(f) REPORTS ON SECURITY VULNERABILITIES OF NATIONAL LABORATORY COMPUTERS.—Section 4508 of the Atomic Energy Defense
Act (50 U.S.C. 2659) is repealed.
SEC. 702. REPORTS ON FOREIGN FIGHTERS.

(a) REPORTS REQUIRED.—Not later than 60 days after the date
of the enactment of this Act, and every 60 days thereafter, the
Director of National Intelligence shall submit to the congressional
intelligence committees a report on foreign fighter flows to and
from Syria and to and from Iraq. The Director shall define the
term ‘‘foreign fighter’’ in such reports.
(b) MATTERS TO BE INCLUDED.—Each report submitted under
subsection (a) shall include each of the following:
(1) The total number of foreign fighters who have traveled
to Syria or Iraq since January 1, 2011, the total number of
foreign fighters in Syria or Iraq as of the date of the submittal
of the report, the total number of foreign fighters whose countries of origin have a visa waiver program described in section
217 of the Immigration and Nationality Act (8 U.S.C. 1187),
the total number of foreign fighters who have left Syria or
Iraq, the total number of female foreign fighters, and the total
number of deceased foreign fighters.
(2) The total number of United States persons who have
traveled or attempted to travel to Syria or Iraq since January
1, 2011, the total number of such persons who have arrived
in Syria or Iraq since such date, and the total number of
such persons who have returned to the United States from
Syria or Iraq since such date.
(3) The total number of foreign fighters in the Terrorist
Identities Datamart Environment and the status of each such
foreign fighter in that database, the number of such foreign
fighters who are on a watchlist, and the number of such foreign
fighters who are not on a watchlist.
(4) The total number of foreign fighters who have been
processed with biometrics, including face images, fingerprints,
and iris scans.
(5) Any programmatic updates to the foreign fighter report
since the last report was submitted, including updated analysis
on foreign country cooperation, as well as actions taken, such
as denying or revoking visas.
(6) A worldwide graphic that describes foreign fighters
flows to and from Syria, with points of origin by country.
(c) ADDITIONAL REPORT.—Not later than 180 days after the
date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees
a report that includes—
(1) with respect to the travel of foreign fighters to and
from Iraq and Syria, a description of the intelligence sharing
relationships between the United States and member states
of the European Union and member states of the North Atlantic
Treaty Organization; and

H. R. 2029—690
(2) an analysis of the challenges impeding such intelligence
sharing relationships.
(d) FORM.—The reports submitted under subsections (a) and
(c) may be submitted in classified form.
(e) TERMINATION.—The requirement to submit reports under
subsection (a) shall terminate on the date that is 3 years after
the date of the enactment of this Act.
SEC. 703. REPORT ON STRATEGY, EFFORTS, AND RESOURCES TO
DETECT, DETER, AND DEGRADE ISLAMIC STATE REVENUE
MECHANISMS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
the intelligence community should dedicate necessary resources
to defeating the revenue mechanisms of the Islamic State.
(b) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on
the strategy, efforts, and resources of the intelligence community
that are necessary to detect, deter, and degrade the revenue mechanisms of the Islamic State.
SEC.

704.

REPORT ON UNITED STATES COUNTERTERRORISM
STRATEGY TO DISRUPT, DISMANTLE, AND DEFEAT THE
ISLAMIC STATE, AL-QA’IDA, AND THEIR AFFILIATED
GROUPS, ASSOCIATED GROUPS, AND ADHERENTS.

(a) REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the President shall transmit
to the appropriate congressional committees a comprehensive
report on the counterterrorism strategy of the United States
to disrupt, dismantle, and defeat the Islamic State, al-Qa’ida,
and their affiliated groups, associated groups, and adherents.
(2) COORDINATION.—The report under paragraph (1) shall
be prepared in coordination with the Director of National Intelligence, the Secretary of State, the Secretary of the Treasury,
the Attorney General, and the Secretary of Defense, and the
head of any other department or agency of the Federal Government that has responsibility for activities directed at combating
the Islamic State, al-Qa’ida, and their affiliated groups, associated groups, and adherents.
(3) ELEMENTS.—The report under by paragraph (1) shall
include each of the following:
(A) A definition of—
(i) core al-Qa’ida, including a list of which known
individuals constitute core al-Qa’ida;
(ii) the Islamic State, including a list of which
known individuals constitute Islamic State leadership;
(iii) an affiliated group of the Islamic State or
al-Qa’ida, including a list of which known groups constitute an affiliate group of the Islamic State or alQa’ida;
(iv) an associated group of the Islamic State or
al-Qa’ida, including a list of which known groups constitute an associated group of the Islamic State or
al-Qa’ida;
(v) an adherent of the Islamic State or al-Qa’ida,
including a list of which known groups constitute an
adherent of the Islamic State or al-Qa’ida; and

H. R. 2029—691
(vi) a group aligned with the Islamic State or
al-Qa’ida, including a description of what actions a
group takes or statements it makes that qualify it
as a group aligned with the Islamic State or al-Qa’ida.
(B) An assessment of the relationship between all
identified Islamic State or al-Qa’ida affiliated groups, associated groups, and adherents with Islamic State leadership
or core al-Qa’ida.
(C) An assessment of the strengthening or weakening
of the Islamic State or al-Qa’ida, its affiliated groups, associated groups, and adherents, from January 1, 2010, to
the present, including a description of the metrics that
are used to assess strengthening or weakening and an
assessment of the relative increase or decrease in violent
attacks attributed to such entities.
(D) An assessment of whether an individual can be
a member of core al-Qa’ida if such individual is not located
in Afghanistan or Pakistan.
(E) An assessment of 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.
(F) A definition of defeat of the Islamic State or core
al-Qa’ida.
(G) An assessment of the extent or coordination, command, and control between the Islamic State or core alQa’ida and their affiliated groups, associated groups, and
adherents, specifically addressing each such entity.
(H) An assessment of the effectiveness of counterterrorism operations against the Islamic State or core alQa’ida, their affiliated groups, associated groups, and
adherents, and whether such operations have had a sustained impact on the capabilities and effectiveness of the
Islamic State or core al-Qa’ida, their affiliated groups, associated groups, and adherents.
(4) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of
the Senate.
SEC. 705. REPORT ON EFFECTS OF DATA BREACH OF OFFICE OF PERSONNEL MANAGEMENT.

(a) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the President shall transmit to the congressional intelligence committees a report on the data breach of the
Office of Personnel Management disclosed in June 2015.
(b) MATTERS INCLUDED.—The report under subsection (a) shall
include the following:
(1) The effects, if any, of the data breach on the operations
of the intelligence community abroad, including the types of

H. R. 2029—692
operations, if any, that have been negatively affected or entirely
suspended or terminated as a result of the data breach.
(2) An assessment of the effects of the data breach on
each element of the intelligence community.
(3) An assessment of how foreign persons, groups, or countries may use the data collected by the data breach (particularly
regarding information included in background investigations
for security clearances), including with respect to—
(A) recruiting intelligence assets;
(B) influencing decisionmaking processes within the
Federal Government, including regarding foreign policy
decisions; and
(C) compromising employees of the Federal Government and friends and families of such employees for the
purpose of gaining access to sensitive national security
and economic information.
(4) An assessment of which departments or agencies of
the Federal Government use the best practices to protect sensitive data, including a summary of any such best practices
that were not used by the Office of Personnel Management.
(5) An assessment of the best practices used by the departments or agencies identified under paragraph (4) to identify
and fix potential vulnerabilities in the systems of the department or agency.
(c) BRIEFING.—The Director of National Intelligence shall provide to the congressional intelligence committees an interim briefing
on the report under subsection (a), including a discussion of proposals and options for responding to cyber attacks.
(d) FORM.—The report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 706. REPORT ON HIRING OF GRADUATES OF CYBER CORPS
SCHOLARSHIP PROGRAM BY INTELLIGENCE COMMUNITY.

(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Director of National Intelligence,
in coordination with the Director of the National Science Foundation, shall submit to the congressional intelligence committees a
report on the employment by the intelligence community of graduates of the Cyber Corps Scholarship Program. The report shall
include the following:
(1) The number of graduates of the Cyber Corps Scholarship
Program hired by each element of the intelligence community.
(2) A description of how each element of the intelligence
community recruits graduates of the Cyber Corps Scholar Program.
(3) A description of any processes available to the intelligence community to expedite the hiring or processing of security clearances for graduates of the Cyber Corps Scholar Program.
(4) Recommendations by the Director of National Intelligence to improve the hiring by the intelligence community
of graduates of the Cyber Corps Scholarship Program, including
any recommendations for legislative action to carry out such
improvements.
(b) CYBER CORPS SCHOLARSHIP PROGRAM DEFINED.—In this
section, the term ‘‘Cyber Corps Scholarship Program’’ means the

H. R. 2029—693
Federal Cyber Scholarship-for-Service Program under section 302
of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442).
SEC. 707. REPORT ON USE OF CERTAIN BUSINESS CONCERNS.

(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a report
on the representation, as of the date of the report, of covered
business concerns among the contractors that are awarded contracts
by elements of the intelligence community for goods, equipment,
tools, and services.
(b) MATTERS INCLUDED.—The report under subsection (a) shall
include the following:
(1) The representation of covered business concerns as
described in subsection (a), including such representation by—
(A) each type of covered business concern; and
(B) each element of the intelligence community.
(2) If, as of the date of the enactment of this Act, the
Director does not record and monitor the statistics required
to carry out this section, a description of the actions taken
by the Director to ensure that such statistics are recorded
and monitored beginning in fiscal year 2016.
(3) The actions the Director plans to take during fiscal
year 2016 to enhance the awarding of contracts to covered
business concerns by elements of the intelligence community.
(c) COVERED BUSINESS CONCERNS DEFINED.—In this section,
the term ‘‘covered business concerns’’ means the following:
(1) Minority-owned businesses.
(2) Women-owned businesses.
(3) Small disadvantaged businesses.
(4) Service-disabled veteran-owned businesses.
(5) Veteran-owned small businesses.

Subtitle B—Other Matters
SEC. 711. USE OF HOMELAND SECURITY GRANT FUNDS IN CONJUNCTION WITH DEPARTMENT OF ENERGY NATIONAL LABORATORIES.

Section 2008(a) of the Homeland Security Act of 2002 (6 U.S.C.
609(a)) is amended in the matter preceding paragraph (1) by
inserting ‘‘including by working in conjunction with a National
Laboratory (as defined in section 2(3) of the Energy Policy Act
of 2005 (42 U.S.C. 15801(3))),’’ after ‘‘plans,’’.
SEC. 712. INCLUSION OF CERTAIN MINORITY-SERVING INSTITUTIONS
IN GRANT PROGRAM TO ENHANCE RECRUITING OF INTELLIGENCE COMMUNITY WORKFORCE.

Section 1024 of the National Security Act of 1947 (50 U.S.C.
3224) is amended—
(1) in subsection (c)—
(A) in paragraph (1), by striking ‘‘historically black
colleges and universities and Predominantly Black Institutions’’ and inserting ‘‘historically black colleges and universities, Predominantly Black Institutions, Hispanic-serving
institutions, and Asian American and Native American
Pacific Islander-serving institutions’’; and

H. R. 2029—694
(B) in the subsection heading, by striking ‘‘HISTORIBLACK’’ and inserting ‘‘CERTAIN MINORITY-SERVING’’;

CALLY

and
(2) in subsection (g)—
(A) by redesignating paragraph (5) as paragraph (7);
and
(B) by inserting after paragraph (4) the following new
paragraphs (5) and (6):
‘‘(5) HISPANIC-SERVING INSTITUTION.—The term ‘Hispanicserving institution’ has the meaning given that term in section
502(a)(5) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)(5)).
‘‘(6) ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC
ISLANDER-SERVING INSTITUTION.—The term ‘Asian American
and Native American Pacific Islander-serving institution’ has
the meaning given that term in section 320(b)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1059g(b)(2)).’’.

DIVISION N—CYBERSECURITY ACT OF
2015
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This division may be cited as the ‘‘Cybersecurity Act of 2015’’.
(b) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
Sec. 1. Short title; table of contents.
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.

Sec. 105.
Sec.
Sec.
Sec.
Sec.
Sec.

106.
107.
108.
109.
110.

Sec. 111.

TITLE I—CYBERSECURITY INFORMATION SHARING
Short title.
Definitions.
Sharing of information by the Federal Government.
Authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats.
Sharing of cyber threat indicators and defensive measures with the Federal Government.
Protection from liability.
Oversight of Government activities.
Construction and preemption.
Report on cybersecurity threats.
Exception to limitation on authority of Secretary of Defense to disseminate certain information.
Effective period.
TITLE II—NATIONAL CYBERSECURITY ADVANCEMENT

Subtitle A—National Cybersecurity and Communications Integration Center
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Information sharing structure and processes.
Sec. 204. Information sharing and analysis organizations.
Sec. 205. National response framework.
Sec. 206. Report on reducing cybersecurity risks in DHS data centers.
Sec. 207. Assessment.
Sec. 208. Multiple simultaneous cyber incidents at critical infrastructure.
Sec. 209. Report on cybersecurity vulnerabilities of United States ports.
Sec. 210. Prohibition on new regulatory authority.
Sec. 211. Termination of reporting requirements.
Subtitle B—Federal Cybersecurity Enhancement
Sec. 221. Short title.
Sec. 222. Definitions.

H. R. 2029—695
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

223.
224.
225.
226.
227.
228.
229.

Improved Federal network security.
Advanced internal defenses.
Federal cybersecurity requirements.
Assessment; reports.
Termination.
Identification of information systems relating to national security.
Direction to agencies.

Sec.
Sec.
Sec.
Sec.
Sec.

TITLE III—FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT
301. Short title.
302. Definitions.
303. National cybersecurity workforce measurement initiative.
304. Identification of cyber-related work roles of critical need.
305. Government Accountability Office status reports.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

401.
402.
403.
404.
405.
406.
407.

TITLE IV—OTHER CYBER MATTERS
Study on mobile device security.
Department of State international cyberspace policy strategy.
Apprehension and prosecution of international cyber criminals.
Enhancement of emergency services.
Improving cybersecurity in the health care industry.
Federal computer security.
Stopping the fraudulent sale of financial information of people of the
United States.

TITLE I—CYBERSECURITY
INFORMATION SHARING
SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Cybersecurity Information
Sharing Act of 2015’’.
SEC. 102. DEFINITIONS.

In this title:
(1) AGENCY.—The term ‘‘agency’’ has the meaning given
the term in section 3502 of title 44, United States Code.
(2) ANTITRUST LAWS.—The term ‘‘antitrust laws’’—
(A) has the meaning given the term in the first section
of the Clayton Act (15 U.S.C. 12);
(B) includes section 5 of the Federal Trade Commission
Act (15 U.S.C. 45) to the extent that section 5 of that
Act applies to unfair methods of competition; and
(C) includes any State antitrust law, but only to the
extent that such law is consistent with the law referred
to in subparagraph (A) or the law referred to in subparagraph (B).
(3) APPROPRIATE FEDERAL ENTITIES.—The term ‘‘appropriate Federal entities’’ means the following:
(A) The Department of Commerce.
(B) The Department of Defense.
(C) The Department of Energy.
(D) The Department of Homeland Security.
(E) The Department of Justice.
(F) The Department of the Treasury.
(G) The Office of the Director of National Intelligence.
(4) CYBERSECURITY PURPOSE.—The term ‘‘cybersecurity purpose’’ means the purpose of protecting an information system
or information that is stored on, processed by, or transiting
an information system from a cybersecurity threat or security
vulnerability.

H. R. 2029—696
(5) CYBERSECURITY THREAT.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the term ‘‘cybersecurity threat’’ means an action, not
protected by the First Amendment to the Constitution of
the United States, on or through an information system
that may result in an unauthorized effort to adversely
impact the security, availability, confidentiality, or integrity
of an information system or information that is stored
on, processed by, or transiting an information system.
(B) EXCLUSION.—The term ‘‘cybersecurity threat’’ does
not include any action that solely involves a violation of
a consumer term of service or a consumer licensing agreement.
(6) CYBER THREAT INDICATOR.—The term ‘‘cyber threat indicator’’ means information that is necessary to describe or identify—
(A) malicious reconnaissance, including anomalous patterns of communications that appear to be transmitted
for the purpose of gathering technical information related
to a cybersecurity threat or security vulnerability;
(B) a method of defeating a security control or exploitation of a security vulnerability;
(C) a security vulnerability, including anomalous
activity that appears to indicate the existence of a security
vulnerability;
(D) a method of causing a user with legitimate access
to an information system or information that is stored
on, processed by, or transiting an information system to
unwittingly enable the defeat of a security control or exploitation of a security vulnerability;
(E) malicious cyber command and control;
(F) the actual or potential harm caused by an incident,
including a description of the information exfiltrated as
a result of a particular cybersecurity threat;
(G) any other attribute of a cybersecurity threat, if
disclosure of such attribute is not otherwise prohibited
by law; or
(H) any combination thereof.
(7) DEFENSIVE MEASURE.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the term ‘‘defensive measure’’ means an action, device,
procedure, signature, technique, or other measure applied
to an information system or information that is stored
on, processed by, or transiting an information system that
detects, prevents, or mitigates a known or suspected cybersecurity threat or security vulnerability.
(B) EXCLUSION.—The term ‘‘defensive measure’’ does
not include a measure that destroys, renders unusable,
provides unauthorized access to, or substantially harms
an information system or information stored on, processed
by, or transiting such information system not owned by—
(i) the private entity operating the measure; or
(ii) another entity or Federal entity that is authorized to provide consent and has provided consent to
that private entity for operation of such measure.

H. R. 2029—697
(8) FEDERAL ENTITY.—The term ‘‘Federal entity’’ means
a department or agency of the United States or any component
of such department or agency.
(9) INFORMATION SYSTEM.—The term ‘‘information
system’’—
(A) has the meaning given the term in section 3502
of title 44, United States Code; and
(B) includes industrial control systems, such as supervisory control and data acquisition systems, distributed
control systems, and programmable logic controllers.
(10) LOCAL GOVERNMENT.—The term ‘‘local government’’
means any borough, city, county, parish, town, township, village, or other political subdivision of a State.
(11) MALICIOUS CYBER COMMAND AND CONTROL.—The term
‘‘malicious cyber command and control’’ means a method for
unauthorized remote identification of, access to, or use of, an
information system or information that is stored on, processed
by, or transiting an information system.
(12) MALICIOUS RECONNAISSANCE.—The term ‘‘malicious
reconnaissance’’ means a method for actively probing or passively monitoring an information system for the purpose of
discerning security vulnerabilities of the information system,
if such method is associated with a known or suspected cybersecurity threat.
(13) MONITOR.—The term ‘‘monitor’’ means to acquire, identify, or scan, or to possess, information that is stored on, processed by, or transiting an information system.
(14) NON-FEDERAL ENTITY.—
(A) IN GENERAL.—Except as otherwise provided in this
paragraph, the term ‘‘non-Federal entity’’ means any private entity, non-Federal government agency or department,
or State, tribal, or local government (including a political
subdivision, department, or component thereof).
(B) INCLUSIONS.—The term ‘‘non-Federal entity’’
includes a government agency or department of the District
of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, the
Northern Mariana Islands, and any other territory or
possession of the United States.
(C) EXCLUSION.—The term ‘‘non-Federal entity’’ does
not include a foreign power as defined in section 101 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).
(15) PRIVATE ENTITY.—
(A) IN GENERAL.—Except as otherwise provided in this
paragraph, the term ‘‘private entity’’ means any person
or private group, organization, proprietorship, partnership,
trust, cooperative, corporation, or other commercial or nonprofit entity, including an officer, employee, or agent
thereof.
(B) INCLUSION.—The term ‘‘private entity’’ includes a
State, tribal, or local government performing utility services, such as electric, natural gas, or water services.
(C) EXCLUSION.—The term ‘‘private entity’’ does not
include a foreign power as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).

H. R. 2029—698
(16) SECURITY CONTROL.—The term ‘‘security control’’
means the management, operational, and technical controls
used to protect against an unauthorized effort to adversely
affect the confidentiality, integrity, and availability of an
information system or its information.
(17) SECURITY VULNERABILITY.—The term ‘‘security vulnerability’’ means any attribute of hardware, software, process,
or procedure that could enable or facilitate the defeat of a
security control.
(18) TRIBAL.—The term ‘‘tribal’’ has the meaning given
the term ‘‘Indian tribe’’ in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
SEC. 103. SHARING OF INFORMATION BY THE FEDERAL GOVERNMENT.

(a) IN GENERAL.—Consistent with the protection of classified
information, intelligence sources and methods, and privacy and
civil liberties, the Director of National Intelligence, the Secretary
of Homeland Security, the Secretary of Defense, and the Attorney
General, in consultation with the heads of the appropriate Federal
entities, shall jointly develop and issue procedures to facilitate
and promote—
(1) the timely sharing of classified cyber threat indicators
and defensive measures in the possession of the Federal
Government with representatives of relevant Federal entities
and non-Federal entities that have appropriate security clearances;
(2) the timely sharing with relevant Federal entities and
non-Federal entities of cyber threat indicators, defensive measures, and information relating to cybersecurity threats or
authorized uses under this title, in the possession of the Federal
Government that may be declassified and shared at an unclassified level;
(3) the timely sharing with relevant Federal entities and
non-Federal entities, or the public if appropriate, of unclassified,
including controlled unclassified, cyber threat indicators and
defensive measures in the possession of the Federal Government;
(4) the timely sharing with Federal entities and non-Federal entities, if appropriate, of information relating to cybersecurity threats or authorized uses under this title, in the possession
of the Federal Government about cybersecurity threats to such
entities to prevent or mitigate adverse effects from such cybersecurity threats; and
(5) the periodic sharing, through publication and targeted
outreach, of cybersecurity best practices that are developed
based on ongoing analyses of cyber threat indicators, defensive
measures, and information relating to cybersecurity threats
or authorized uses under this title, in the possession of the
Federal Government, with attention to accessibility and
implementation challenges faced by small business concerns
(as defined in section 3 of the Small Business Act (15 U.S.C.
632)).
(b) DEVELOPMENT OF PROCEDURES.—
(1) IN GENERAL.—The procedures developed under subsection (a) shall—
(A) ensure the Federal Government has and maintains
the capability to share cyber threat indicators and defensive

H. R. 2029—699
measures in real time consistent with the protection of
classified information;
(B) incorporate, to the greatest extent practicable,
existing processes and existing roles and responsibilities
of Federal entities and non-Federal entities for information
sharing by the Federal Government, including sector specific information sharing and analysis centers;
(C) include procedures for notifying, in a timely
manner, Federal entities and non-Federal entities that
have received a cyber threat indicator or defensive measure
from a Federal entity under this title that is known or
determined to be in error or in contravention of the requirements of this title or another provision of Federal law
or policy of such error or contravention;
(D) include requirements for Federal entities sharing
cyber threat indicators or defensive measures to implement
and utilize security controls to protect against unauthorized
access to or acquisition of such cyber threat indicators
or defensive measures;
(E) include procedures that require a Federal entity,
prior to the sharing of a cyber threat indicator—
(i) to review such cyber threat indicator to assess
whether such cyber threat indicator contains any
information not directly related to a cybersecurity
threat that such Federal entity knows at the time
of sharing to be personal information of a specific individual or information that identifies a specific individual and remove such information; or
(ii) to implement and utilize a technical capability
configured to remove any information not directly
related to a cybersecurity threat that the Federal entity
knows at the time of sharing to be personal information
of a specific individual or information that identifies
a specific individual; and
(F) include procedures for notifying, in a timely
manner, any United States person whose personal information is known or determined to have been shared by a
Federal entity in violation of this title.
(2) CONSULTATION.—In developing the procedures required
under this section, the Director of National Intelligence, the
Secretary of Homeland Security, the Secretary of Defense, and
the Attorney General shall consult with appropriate Federal
entities, including the Small Business Administration and the
National Laboratories (as defined in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801)), to ensure that effective
protocols are implemented that will facilitate and promote the
sharing of cyber threat indicators by the Federal Government
in a timely manner.
(c) SUBMITTAL TO CONGRESS.—Not later than 60 days after
the date of the enactment of this Act, the Director of National
Intelligence, in consultation with the heads of the appropriate Federal entities, shall submit to Congress the procedures required
by subsection (a).
SEC. 104. AUTHORIZATIONS FOR PREVENTING, DETECTING, ANALYZING, AND MITIGATING CYBERSECURITY THREATS.

(a) AUTHORIZATION FOR MONITORING.—

H. R. 2029—700
(1) IN GENERAL.—Notwithstanding any other provision of
law, a private entity may, for cybersecurity purposes, monitor—
(A) an information system of such private entity;
(B) an information system of another non-Federal
entity, upon the authorization and written consent of such
other entity;
(C) an information system of a Federal entity, upon
the authorization and written consent of an authorized
representative of the Federal entity; and
(D) information that is stored on, processed by, or
transiting an information system monitored by the private
entity under this paragraph.
(2) CONSTRUCTION.—Nothing in this subsection shall be
construed—
(A) to authorize the monitoring of an information
system, or the use of any information obtained through
such monitoring, other than as provided in this title; or
(B) to limit otherwise lawful activity.
(b) AUTHORIZATION FOR OPERATION OF DEFENSIVE MEASURES.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, a private entity may, for cybersecurity purposes, operate
a defensive measure that is applied to—
(A) an information system of such private entity in
order to protect the rights or property of the private entity;
(B) an information system of another non-Federal
entity upon written consent of such entity for operation
of such defensive measure to protect the rights or property
of such entity; and
(C) an information system of a Federal entity upon
written consent of an authorized representative of such
Federal entity for operation of such defensive measure
to protect the rights or property of the Federal Government.
(2) CONSTRUCTION.—Nothing in this subsection shall be
construed—
(A) to authorize the use of a defensive measure other
than as provided in this subsection; or
(B) to limit otherwise lawful activity.
(c) AUTHORIZATION FOR SHARING OR RECEIVING CYBER THREAT
INDICATORS OR DEFENSIVE MEASURES.—
(1) IN GENERAL.—Except as provided in paragraph (2) and
notwithstanding any other provision of law, a non-Federal
entity may, for a cybersecurity purpose and consistent with
the protection of classified information, share with, or receive
from, any other non-Federal entity or the Federal Government
a cyber threat indicator or defensive measure.
(2) LAWFUL RESTRICTION.—A non-Federal entity receiving
a cyber threat indicator or defensive measure from another
non-Federal entity or a Federal entity shall comply with otherwise lawful restrictions placed on the sharing or use of such
cyber threat indicator or defensive measure by the sharing
non-Federal entity or Federal entity.
(3) CONSTRUCTION.—Nothing in this subsection shall be
construed—
(A) to authorize the sharing or receiving of a cyber
threat indicator or defensive measure other than as provided in this subsection; or
(B) to limit otherwise lawful activity.

H. R. 2029—701
(d) PROTECTION AND USE OF INFORMATION.—
(1) SECURITY OF INFORMATION.—A non-Federal entity monitoring an information system, operating a defensive measure,
or providing or receiving a cyber threat indicator or defensive
measure under this section shall implement and utilize a security control to protect against unauthorized access to or acquisition of such cyber threat indicator or defensive measure.
(2) REMOVAL OF CERTAIN PERSONAL INFORMATION.—A nonFederal entity sharing a cyber threat indicator pursuant to
this title shall, prior to such sharing—
(A) review such cyber threat indicator to assess
whether such cyber threat indicator contains any information not directly related to a cybersecurity threat that
the non-Federal entity knows at the time of sharing to
be personal information of a specific individual or information that identifies a specific individual and remove such
information; or
(B) implement and utilize a technical capability configured to remove any information not directly related to
a cybersecurity threat that the non-Federal entity knows
at the time of sharing to be personal information of a
specific individual or information that identifies a specific
individual.
(3) USE OF CYBER THREAT INDICATORS AND DEFENSIVE MEASURES BY NON-FEDERAL ENTITIES.—
(A) IN GENERAL.—Consistent with this title, a cyber
threat indicator or defensive measure shared or received
under this section may, for cybersecurity purposes—
(i) be used by a non-Federal entity to monitor
or operate a defensive measure that is applied to—
(I) an information system of the non-Federal
entity; or
(II) an information system of another nonFederal entity or a Federal entity upon the written
consent of that other non-Federal entity or that
Federal entity; and
(ii) be otherwise used, retained, and further shared
by a non-Federal entity subject to—
(I) an otherwise lawful restriction placed by
the sharing non-Federal entity or Federal entity
on such cyber threat indicator or defensive
measure; or
(II) an otherwise applicable provision of law.
(B) CONSTRUCTION.—Nothing in this paragraph shall
be construed to authorize the use of a cyber threat indicator
or defensive measure other than as provided in this section.
(4) USE OF CYBER THREAT INDICATORS BY STATE, TRIBAL,
OR LOCAL GOVERNMENT.—
(A) LAW ENFORCEMENT USE.—A State, tribal, or local
government that receives a cyber threat indicator or defensive measure under this title may use such cyber threat
indicator or defensive measure for the purposes described
in section 105(d)(5)(A).
(B) EXEMPTION FROM DISCLOSURE.—A cyber threat
indicator or defensive measure shared by or with a State,
tribal, or local government, including a component of a

H. R. 2029—702
State, tribal, or local government that is a private entity,
under this section shall be—
(i) deemed voluntarily shared information; and
(ii) exempt from disclosure under any provision
of State, tribal, or local freedom of information law,
open government law, open meetings law, open records
law, sunshine law, or similar law requiring disclosure
of information or records.
(C) STATE, TRIBAL, AND LOCAL REGULATORY
AUTHORITY.—
(i) IN GENERAL.—Except as provided in clause (ii),
a cyber threat indicator or defensive measure shared
with a State, tribal, or local government under this
title shall not be used by any State, tribal, or local
government to regulate, including an enforcement
action, the lawful activity of any non-Federal entity
or any activity taken by a non-Federal entity pursuant
to mandatory standards, including an activity relating
to monitoring, operating a defensive measure, or
sharing of a cyber threat indicator.
(ii)
REGULATORY
AUTHORITY
SPECIFICALLY
RELATING TO PREVENTION OR MITIGATION OF CYBERSECURITY THREATS.—A cyber threat indicator or defensive
measure shared as described in clause (i) may, consistent with a State, tribal, or local government regulatory authority specifically relating to the prevention
or mitigation of cybersecurity threats to information
systems, inform the development or implementation
of a regulation relating to such information systems.
(e) ANTITRUST EXEMPTION.—
(1) IN GENERAL.—Except as provided in section 108(e), it
shall not be considered a violation of any provision of antitrust
laws for 2 or more private entities to exchange or provide
a cyber threat indicator or defensive measure, or assistance
relating to the prevention, investigation, or mitigation of a
cybersecurity threat, for cybersecurity purposes under this title.
(2) APPLICABILITY.—Paragraph (1) shall apply only to
information that is exchanged or assistance provided in order
to assist with—
(A) facilitating the prevention, investigation, or mitigation of a cybersecurity threat to an information system
or information that is stored on, processed by, or transiting
an information system; or
(B) communicating or disclosing a cyber threat indicator to help prevent, investigate, or mitigate the effect
of a cybersecurity threat to an information system or
information that is stored on, processed by, or transiting
an information system.
(f) NO RIGHT OR BENEFIT.—The sharing of a cyber threat indicator or defensive measure with a non-Federal entity under this
title shall not create a right or benefit to similar information by
such non-Federal entity or any other non-Federal entity.
SEC. 105. SHARING OF CYBER THREAT INDICATORS AND DEFENSIVE
MEASURES WITH THE FEDERAL GOVERNMENT.

(a) REQUIREMENT FOR POLICIES AND PROCEDURES.—

H. R. 2029—703
(1) INTERIM POLICIES AND PROCEDURES.—Not later than
60 days after the date of the enactment of this Act, the Attorney
General and the Secretary of Homeland Security shall, in consultation with the heads of the appropriate Federal entities,
jointly develop and submit to Congress interim policies and
procedures relating to the receipt of cyber threat indicators
and defensive measures by the Federal Government.
(2) FINAL POLICIES AND PROCEDURES.—Not later than 180
days after the date of the enactment of this Act, the Attorney
General and the Secretary of Homeland Security shall, in consultation with the heads of the appropriate Federal entities,
jointly issue and make publicly available final policies and
procedures relating to the receipt of cyber threat indicators
and defensive measures by the Federal Government.
(3) REQUIREMENTS CONCERNING POLICIES AND PROCEDURES.—Consistent with the guidelines required by subsection
(b), the policies and procedures developed or issued under this
subsection shall—
(A) ensure that cyber threat indicators shared with
the Federal Government by any non-Federal entity pursuant to section 104(c) through the real-time process
described in subsection (c) of this section—
(i) are shared in an automated manner with all
of the appropriate Federal entities;
(ii) are only subject to a delay, modification, or
other action due to controls established for such realtime process that could impede real-time receipt by
all of the appropriate Federal entities when the delay,
modification, or other action is due to controls—
(I) agreed upon unanimously by all of the
heads of the appropriate Federal entities;
(II) carried out before any of the appropriate
Federal entities retains or uses the cyber threat
indicators or defensive measures; and
(III) uniformly applied such that each of the
appropriate Federal entities is subject to the same
delay, modification, or other action; and
(iii) may be provided to other Federal entities;
(B) ensure that cyber threat indicators shared with
the Federal Government by any non-Federal entity pursuant to section 104 in a manner other than the real-time
process described in subsection (c) of this section—
(i) are shared as quickly as operationally practicable with all of the appropriate Federal entities;
(ii) are not subject to any unnecessary delay, interference, or any other action that could impede receipt
by all of the appropriate Federal entities; and
(iii) may be provided to other Federal entities;
and
(C) ensure there are—
(i) audit capabilities; and
(ii) appropriate sanctions in place for officers,
employees, or agents of a Federal entity who knowingly
and willfully conduct activities under this title in an
unauthorized manner.
(4) GUIDELINES FOR ENTITIES SHARING CYBER THREAT
INDICATORS WITH FEDERAL GOVERNMENT.—

H. R. 2029—704
(A) IN GENERAL.—Not later than 60 days after the
date of the enactment of this Act, the Attorney General
and the Secretary of Homeland Security shall jointly
develop and make publicly available guidance to assist
entities and promote sharing of cyber threat indicators
with Federal entities under this title.
(B) CONTENTS.—The guidelines developed and made
publicly available under subparagraph (A) shall include
guidance on the following:
(i) Identification of types of information that would
qualify as a cyber threat indicator under this title
that would be unlikely to include information that—
(I) is not directly related to a cybersecurity
threat; and
(II) is personal information of a specific individual or information that identifies a specific individual.
(ii) Identification of types of information protected
under otherwise applicable privacy laws that are
unlikely to be directly related to a cybersecurity threat.
(iii) Such other matters as the Attorney General
and the Secretary of Homeland Security consider
appropriate for entities sharing cyber threat indicators
with Federal entities under this title.
(b) PRIVACY AND CIVIL LIBERTIES.—
(1) INTERIM GUIDELINES.—Not later than 60 days after
the date of the enactment of this Act, the Attorney General
and the Secretary of Homeland Security shall, in consultation
with heads of the appropriate Federal entities and in consultation with officers designated under section 1062 of the National
Security Intelligence Reform Act of 2004 (42 U.S.C. 2000ee–
1), jointly develop, submit to Congress, and make available
to the public interim guidelines relating to privacy and civil
liberties which shall govern the receipt, retention, use, and
dissemination of cyber threat indicators by a Federal entity
obtained in connection with activities authorized in this title.
(2) FINAL GUIDELINES.—
(A) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Attorney General
and the Secretary of Homeland Security shall, in coordination with heads of the appropriate Federal entities and
in consultation with officers designated under section 1062
of the National Security Intelligence Reform Act of 2004
(42 U.S.C. 2000ee–1) and such private entities with
industry expertise as the Attorney General and the Secretary consider relevant, jointly issue and make publicly
available final guidelines relating to privacy and civil liberties which shall govern the receipt, retention, use, and
dissemination of cyber threat indicators by a Federal entity
obtained in connection with activities authorized in this
title.
(B) PERIODIC REVIEW.—The Attorney General and the
Secretary of Homeland Security shall, in coordination with
heads of the appropriate Federal entities and in consultation with officers and private entities described in subparagraph (A), periodically, but not less frequently than once

H. R. 2029—705
every 2 years, jointly review the guidelines issued under
subparagraph (A).
(3) CONTENT.—The guidelines required by paragraphs (1)
and (2) shall, consistent with the need to protect information
systems from cybersecurity threats and mitigate cybersecurity
threats—
(A) limit the effect on privacy and civil liberties of
activities by the Federal Government under this title;
(B) limit the receipt, retention, use, and dissemination
of cyber threat indicators containing personal information
of specific individuals or information that identifies specific
individuals, including by establishing—
(i) a process for the timely destruction of such
information that is known not to be directly related
to uses authorized under this title; and
(ii) specific limitations on the length of any period
in which a cyber threat indicator may be retained;
(C) include requirements to safeguard cyber threat
indicators containing personal information of specific
individuals or information that identifies specific individuals from unauthorized access or acquisition, including
appropriate sanctions for activities by officers, employees,
or agents of the Federal Government in contravention of
such guidelines;
(D) consistent with this title, any other applicable
provisions of law, and the fair information practice principles set forth in appendix A of the document entitled
‘‘National Strategy for Trusted Identities in Cyberspace’’
and published by the President in April 2011, govern the
retention, use, and dissemination by the Federal Government of cyber threat indicators shared with the Federal
Government under this title, including the extent, if any,
to which such cyber threat indicators may be used by
the Federal Government;
(E) include procedures for notifying entities and Federal entities if information received pursuant to this section
is known or determined by a Federal entity receiving such
information not to constitute a cyber threat indicator;
(F) protect the confidentiality of cyber threat indicators
containing personal information of specific individuals or
information that identifies specific individuals to the
greatest extent practicable and require recipients to be
informed that such indicators may only be used for purposes authorized under this title; and
(G) include steps that may be needed so that dissemination of cyber threat indicators is consistent with the
protection of classified and other sensitive national security
information.
(c) CAPABILITY AND PROCESS WITHIN THE DEPARTMENT OF
HOMELAND SECURITY.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Homeland Security, in coordination with the heads of the appropriate Federal
entities, shall develop and implement a capability and process
within the Department of Homeland Security that—

H. R. 2029—706
(A) shall accept from any non-Federal entity in real
time cyber threat indicators and defensive measures, pursuant to this section;
(B) shall, upon submittal of the certification under
paragraph (2) that such capability and process fully and
effectively operates as described in such paragraph, be
the process by which the Federal Government receives
cyber threat indicators and defensive measures under this
title that are shared by a non-Federal entity with the
Federal Government through electronic mail or media, an
interactive form on an Internet website, or a real time,
automated process between information systems except—
(i) consistent with section 104, communications
between a Federal entity and a non-Federal entity
regarding a previously shared cyber threat indicator
to describe the relevant cybersecurity threat or develop
a defensive measure based on such cyber threat indicator; and
(ii) communications by a regulated non-Federal
entity with such entity’s Federal regulatory authority
regarding a cybersecurity threat;
(C) ensures that all of the appropriate Federal entities
receive in an automated manner such cyber threat indicators and defensive measures shared through the real-time
process within the Department of Homeland Security;
(D) is in compliance with the policies, procedures, and
guidelines required by this section; and
(E) does not limit or prohibit otherwise lawful disclosures of communications, records, or other information,
including—
(i) reporting of known or suspected criminal
activity, by a non-Federal entity to any other nonFederal entity or a Federal entity, including cyber
threat indicators or defensive measures shared with
a Federal entity in furtherance of opening a Federal
law enforcement investigation;
(ii) voluntary or legally compelled participation in
a Federal investigation; and
(iii) providing cyber threat indicators or defensive
measures as part of a statutory or authorized contractual requirement.
(2) CERTIFICATION AND DESIGNATION.—
(A) CERTIFICATION OF CAPABILITY AND PROCESS.—Not
later than 90 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall, in consultation with the heads of the appropriate Federal entities,
submit to Congress a certification as to whether the capability and process required by paragraph (1) fully and effectively operates—
(i) as the process by which the Federal Government
receives from any non-Federal entity a cyber threat
indicator or defensive measure under this title; and
(ii) in accordance with the interim policies, procedures, and guidelines developed under this title.
(B) DESIGNATION.—
(i) IN GENERAL.—At any time after certification
is submitted under subparagraph (A), the President

H. R. 2029—707
may designate an appropriate Federal entity, other
than the Department of Defense (including the
National Security Agency), to develop and implement
a capability and process as described in paragraph
(1) in addition to the capability and process developed
under such paragraph by the Secretary of Homeland
Security, if, not fewer than 30 days before making
such designation, the President submits to Congress
a certification and explanation that—
(I) such designation is necessary to ensure
that full, effective, and secure operation of a capability and process for the Federal Government to
receive from any non-Federal entity cyber threat
indicators or defensive measures under this title;
(II) the designated appropriate Federal entity
will receive and share cyber threat indicators and
defensive measures in accordance with the policies,
procedures, and guidelines developed under this
title, including subsection (a)(3)(A); and
(III) such designation is consistent with the
mission of such appropriate Federal entity and
improves the ability of the Federal Government
to receive, share, and use cyber threat indicators
and defensive measures as authorized under this
title.
(ii) APPLICATION TO ADDITIONAL CAPABILITY AND
PROCESS.—If the President designates an appropriate
Federal entity to develop and implement a capability
and process under clause (i), the provisions of this
title that apply to the capability and process required
by paragraph (1) shall also be construed to apply to
the capability and process developed and implemented
under clause (i).
(3) PUBLIC NOTICE AND ACCESS.—The Secretary of Homeland Security shall ensure there is public notice of, and access
to, the capability and process developed and implemented under
paragraph (1) so that—
(A) any non-Federal entity may share cyber threat
indicators and defensive measures through such process
with the Federal Government; and
(B) all of the appropriate Federal entities receive such
cyber threat indicators and defensive measures in real
time with receipt through the process within the Department of Homeland Security consistent with the policies
and procedures issued under subsection (a).
(4) OTHER FEDERAL ENTITIES.—The process developed and
implemented under paragraph (1) shall ensure that other Federal entities receive in a timely manner any cyber threat indicators and defensive measures shared with the Federal Government through such process.
(d) INFORMATION SHARED WITH OR PROVIDED TO THE FEDERAL
GOVERNMENT.—
(1) NO WAIVER OF PRIVILEGE OR PROTECTION.—The provision of cyber threat indicators and defensive measures to the
Federal Government under this title shall not constitute a
waiver of any applicable privilege or protection provided by
law, including trade secret protection.

H. R. 2029—708
(2) PROPRIETARY INFORMATION.—Consistent with section
104(c)(2) and any other applicable provision of law, a cyber
threat indicator or defensive measure provided by a non-Federal
entity to the Federal Government under this title shall be
considered the commercial, financial, and proprietary information of such non-Federal entity when so designated by the
originating non-Federal entity or a third party acting in accordance with the written authorization of the originating nonFederal entity.
(3) EXEMPTION FROM DISCLOSURE.—A cyber threat indicator
or defensive measure shared with the Federal Government
under this title shall be—
(A) deemed voluntarily shared information and exempt
from disclosure under section 552 of title 5, United States
Code, and any State, tribal, or local provision of law
requiring disclosure of information or records; and
(B) withheld, without discretion, from the public under
section 552(b)(3)(B) of title 5, United States Code, and
any State, tribal, or local provision of law requiring disclosure of information or records.
(4) EX PARTE COMMUNICATIONS.—The provision of a cyber
threat indicator or defensive measure to the Federal Government under this title shall not be subject to a rule of any
Federal agency or department or any judicial doctrine regarding
ex parte communications with a decision-making official.
(5) DISCLOSURE, RETENTION, AND USE.—
(A) AUTHORIZED ACTIVITIES.—Cyber threat indicators
and defensive measures provided to the Federal Government under this title may be disclosed to, retained by,
and used by, consistent with otherwise applicable provisions of Federal law, any Federal agency or department,
component, officer, employee, or agent of the Federal
Government solely for—
(i) a cybersecurity purpose;
(ii) the purpose of identifying—
(I) a cybersecurity threat, including the source
of such cybersecurity threat; or
(II) a security vulnerability;
(iii) the purpose of responding to, or otherwise
preventing or mitigating, a specific threat of death,
a specific threat of serious bodily harm, or a specific
threat of serious economic harm, including a terrorist
act or a use of a weapon of mass destruction;
(iv) the purpose of responding to, investigating,
prosecuting, or otherwise preventing or mitigating, a
serious threat to a minor, including sexual exploitation
and threats to physical safety; or
(v) the purpose of preventing, investigating, disrupting, or prosecuting an offense arising out of a
threat described in clause (iii) or any of the offenses
listed in—
(I) sections 1028 through 1030 of title 18,
United States Code (relating to fraud and identity
theft);
(II) chapter 37 of such title (relating to espionage and censorship); and

H. R. 2029—709
(III) chapter 90 of such title (relating to protection of trade secrets).
(B) PROHIBITED ACTIVITIES.—Cyber threat indicators
and defensive measures provided to the Federal Government under this title shall not be disclosed to, retained
by, or used by any Federal agency or department for any
use not permitted under subparagraph (A).
(C) PRIVACY AND CIVIL LIBERTIES.—Cyber threat indicators and defensive measures provided to the Federal
Government under this title shall be retained, used, and
disseminated by the Federal Government—
(i) in accordance with the policies, procedures, and
guidelines required by subsections (a) and (b);
(ii) in a manner that protects from unauthorized
use or disclosure any cyber threat indicators that may
contain—
(I) personal information of a specific individual; or
(II) information that identifies a specific individual; and
(iii) in a manner that protects the confidentiality
of cyber threat indicators containing—
(I) personal information of a specific individual; or
(II) information that identifies a specific individual.
(D) FEDERAL REGULATORY AUTHORITY.—
(i) IN GENERAL.—Except as provided in clause (ii),
cyber threat indicators and defensive measures provided to the Federal Government under this title shall
not be used by any Federal, State, tribal, or local
government to regulate, including an enforcement
action, the lawful activities of any non-Federal entity
or any activities taken by a non-Federal entity pursuant to mandatory standards, including activities
relating to monitoring, operating defensive measures,
or sharing cyber threat indicators.
(ii) EXCEPTIONS.—
(I) REGULATORY AUTHORITY SPECIFICALLY
RELATING TO PREVENTION OR MITIGATION OF CYBERSECURITY THREATS.—Cyber threat indicators and
defensive measures provided to the Federal
Government under this title may, consistent with
Federal or State regulatory authority specifically
relating to the prevention or mitigation of cybersecurity threats to information systems, inform the
development or implementation of regulations
relating to such information systems.
(II) PROCEDURES DEVELOPED AND IMPLEMENTED UNDER THIS TITLE.—Clause (i) shall not
apply to procedures developed and implemented
under this title.
SEC. 106. PROTECTION FROM LIABILITY.

(a) MONITORING OF INFORMATION SYSTEMS.—No cause of action
shall lie or be maintained in any court against any private entity,
and such action shall be promptly dismissed, for the monitoring

H. R. 2029—710
of an information system and information under section 104(a)
that is conducted in accordance with this title.
(b) SHARING OR RECEIPT OF CYBER THREAT INDICATORS.—No
cause of action shall lie or be maintained in any court against
any private entity, and such action shall be promptly dismissed,
for the sharing or receipt of a cyber threat indicator or defensive
measure under section 104(c) if—
(1) such sharing or receipt is conducted in accordance with
this title; and
(2) in a case in which a cyber threat indicator or defensive
measure is shared with the Federal Government, the cyber
threat indicator or defensive measure is shared in a manner
that is consistent with section 105(c)(1)(B) and the sharing
or receipt, as the case may be, occurs after the earlier of—
(A) the date on which the interim policies and procedures are submitted to Congress under section 105(a)(1)
and guidelines are submitted to Congress under section
105(b)(1); or
(B) the date that is 60 days after the date of the
enactment of this Act.
(c) CONSTRUCTION.—Nothing in this title shall be construed—
(1) to create—
(A) a duty to share a cyber threat indicator or defensive
measure; or
(B) a duty to warn or act based on the receipt of
a cyber threat indicator or defensive measure; or
(2) to undermine or limit the availability of otherwise
applicable common law or statutory defenses.
SEC. 107. OVERSIGHT OF GOVERNMENT ACTIVITIES.

(a) REPORT ON IMPLEMENTATION.—
(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this title, the heads of the appropriate
Federal entities shall jointly submit to Congress a detailed
report concerning the implementation of this title.
(2) CONTENTS.—The report required by paragraph (1) may
include such recommendations as the heads of the appropriate
Federal entities may have for improvements or modifications
to the authorities, policies, procedures, and guidelines under
this title and shall include the following:
(A) An evaluation of the effectiveness of real-time
information sharing through the capability and process
developed under section 105(c), including any impediments
to such real-time sharing.
(B) An assessment of whether cyber threat indicators
or defensive measures have been properly classified and
an accounting of the number of security clearances authorized by the Federal Government for the purpose of sharing
cyber threat indicators or defensive measures with the
private sector.
(C) The number of cyber threat indicators or defensive
measures received through the capability and process
developed under section 105(c).
(D) A list of Federal entities that have received cyber
threat indicators or defensive measures under this title.
(b) BIENNIAL REPORT ON COMPLIANCE.—

H. R. 2029—711
(1) IN GENERAL.—Not later than 2 years after the date
of the enactment of this Act and not less frequently than
once every 2 years thereafter, the inspectors general of the
appropriate Federal entities, in consultation with the Inspector
General of the Intelligence Community and the Council of
Inspectors General on Financial Oversight, shall jointly submit
to Congress an interagency report on the actions of the executive branch of the Federal Government to carry out this title
during the most recent 2-year period.
(2) CONTENTS.—Each report submitted under paragraph
(1) shall include, for the period covered by the report, the
following:
(A) An assessment of the sufficiency of the policies,
procedures, and guidelines relating to the sharing of cyber
threat indicators within the Federal Government, including
those policies, procedures, and guidelines relating to the
removal of information not directly related to a cybersecurity threat that is personal information of a specific individual or information that identifies a specific individual.
(B) An assessment of whether cyber threat indicators
or defensive measures have been properly classified and
an accounting of the number of security clearances authorized by the Federal Government for the purpose of sharing
cyber threat indicators or defensive measures with the
private sector.
(C) A review of the actions taken by the Federal
Government based on cyber threat indicators or defensive
measures shared with the Federal Government under this
title, including a review of the following:
(i) The appropriateness of subsequent uses and
disseminations of cyber threat indicators or defensive
measures.
(ii) Whether cyber threat indicators or defensive
measures were shared in a timely and adequate
manner with appropriate entities, or, if appropriate,
were made publicly available.
(D) An assessment of the cyber threat indicators or
defensive measures shared with the appropriate Federal
entities under this title, including the following:
(i) The number of cyber threat indicators or defensive measures shared through the capability and
process developed under section 105(c).
(ii) 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 was shared by
a non-Federal government entity with the Federal
government in contravention of this title, or was shared
within the Federal Government in contravention of
the guidelines required by this title, including a
description of any significant violation of this title.
(iii) The number of times, according to the Attorney
General, that information shared under this title was
used by a Federal entity to prosecute an offense listed
in section 105(d)(5)(A).
(iv) A quantitative and qualitative assessment of
the effect of the sharing of cyber threat indicators

H. R. 2029—712
or defensive measures with the Federal Government
on privacy and civil liberties of specific individuals,
including the number of notices that were issued with
respect to a failure to remove information not directly
related to a cybersecurity threat that was personal
information of a specific individual or information that
identified a specific individual in accordance with the
procedures required by section 105(b)(3)(E).
(v) The adequacy of any steps taken by the Federal
Government to reduce any adverse effect from activities
carried out under this title on the privacy and civil
liberties of United States persons.
(E) An assessment of the sharing of cyber threat indicators or defensive measures among Federal entities to identify inappropriate barriers to sharing information.
(3) RECOMMENDATIONS.—Each report submitted under this
subsection may include such recommendations as the inspectors
general may have for improvements or modifications to the
authorities and processes under this title.
(c) INDEPENDENT REPORT ON REMOVAL OF PERSONAL INFORMATION.—Not later than 3 years after the date of the enactment
of this Act, the Comptroller General of the United States shall
submit to Congress a report on the actions taken by the Federal
Government to remove personal information from cyber threat
indicators or defensive measures pursuant to this title. Such report
shall include an assessment of the sufficiency of the policies, procedures, and guidelines established under this title in addressing
concerns relating to privacy and civil liberties.
(d) FORM OF REPORTS.—Each report required under this section
shall be submitted in an unclassified form, but may include a
classified annex.
(e) PUBLIC AVAILABILITY OF REPORTS.—The unclassified portions of the reports required under this section shall be made
available to the public.
SEC. 108. CONSTRUCTION AND PREEMPTION.

(a) OTHERWISE LAWFUL DISCLOSURES.—Nothing in this title
shall be construed—
(1) to limit or prohibit otherwise lawful disclosures of
communications, records, or other information, including
reporting of known or suspected criminal activity, by a nonFederal entity to any other non-Federal entity or the Federal
Government under this title; or
(2) to limit or prohibit otherwise lawful use of such disclosures by any Federal entity, even when such otherwise lawful
disclosures duplicate or replicate disclosures made under this
title.
(b) WHISTLE BLOWER PROTECTIONS.—Nothing in this title shall
be construed to prohibit or limit the disclosure of information protected under section 2302(b)(8) of title 5, United States Code (governing disclosures of illegality, waste, fraud, abuse, or public health
or safety threats), section 7211 of title 5, United States Code (governing disclosures to Congress), section 1034 of title 10, United
States Code (governing disclosure to Congress by members of the
military), section 1104 of the National Security Act of 1947 (50
U.S.C. 3234) (governing disclosure by employees of elements of

H. R. 2029—713
the intelligence community), or any similar provision of Federal
or State law.
(c) PROTECTION OF SOURCES AND METHODS.—Nothing in this
title shall be construed—
(1) as creating any immunity against, or otherwise
affecting, any action brought by the Federal Government, or
any agency or department thereof, to enforce any law, executive
order, or procedure governing the appropriate handling, disclosure, or use of classified information;
(2) to affect the conduct of authorized law enforcement
or intelligence activities; or
(3) to modify the authority of a department or agency
of the Federal Government to protect classified information
and sources and methods and the national security of the
United States.
(d) RELATIONSHIP TO OTHER LAWS.—Nothing in this title shall
be construed to affect any requirement under any other provision
of law for a non-Federal entity to provide information to the Federal
Government.
(e) PROHIBITED CONDUCT.—Nothing in this title shall be construed to permit 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.
(f) INFORMATION SHARING RELATIONSHIPS.—Nothing in this title
shall be construed—
(1) to limit or modify an existing information sharing relationship;
(2) to prohibit a new information sharing relationship;
(3) to require a new information sharing relationship
between any non-Federal entity and a Federal entity or another
non-Federal entity; or
(4) to require the use of the capability and process within
the Department of Homeland Security developed under section
105(c).
(g) PRESERVATION OF CONTRACTUAL OBLIGATIONS AND
RIGHTS.—Nothing in this title shall be construed—
(1) to amend, repeal, or supersede any current or future
contractual agreement, terms of service agreement, or other
contractual relationship between any non-Federal entities, or
between any non-Federal entity and a Federal entity; or
(2) to abrogate trade secret or intellectual property rights
of any non-Federal entity or Federal entity.
(h) ANTI-TASKING RESTRICTION.—Nothing in this title shall be
construed to permit a Federal entity—
(1) to require a non-Federal entity to provide information
to a Federal entity or another non-Federal entity;
(2) to condition the sharing of cyber threat indicators with
a non-Federal entity on such entity’s provision of cyber threat
indicators to a Federal entity or another non-Federal entity;
or
(3) to condition the award of any Federal grant, contract,
or purchase on the provision of a cyber threat indicator to
a Federal entity or another non-Federal entity.
(i) NO LIABILITY FOR NON-PARTICIPATION.—Nothing in this title
shall be construed to subject any entity to liability for choosing
not to engage in the voluntary activities authorized in this title.

H. R. 2029—714
(j) USE AND RETENTION OF INFORMATION.—Nothing in this title
shall be construed to authorize, or to modify any existing authority
of, a department or agency of the Federal Government to retain
or use any information shared under this title for any use other
than permitted in this title.
(k) FEDERAL PREEMPTION.—
(1) IN GENERAL.—This title supersedes any statute or other
provision of law of a State or political subdivision of a State
that restricts or otherwise expressly regulates an activity
authorized under this title.
(2) STATE LAW ENFORCEMENT.—Nothing in this title shall
be construed to supersede any statute or other provision of
law of a State or political subdivision of a State concerning
the use of authorized law enforcement practices and procedures.
(l) REGULATORY AUTHORITY.—Nothing in this title shall be construed—
(1) to authorize the promulgation of any regulations not
specifically authorized to be issued under this title;
(2) to establish or limit any regulatory authority not specifically established or limited under this title; or
(3) to authorize regulatory actions that would duplicate
or conflict with regulatory requirements, mandatory standards,
or related processes under another provision of Federal law.
(m) AUTHORITY OF SECRETARY OF DEFENSE TO RESPOND TO
MALICIOUS CYBER ACTIVITY CARRIED OUT BY FOREIGN POWERS.—
Nothing in this title shall be construed to limit the authority
of the Secretary of Defense under section 130g of title 10, United
States Code.
(n) CRIMINAL PROSECUTION.—Nothing in this title shall be construed to prevent the disclosure of a cyber threat indicator or
defensive measure shared under this title in a case of criminal
prosecution, when an applicable provision of Federal, State, tribal,
or local law requires disclosure in such case.
SEC. 109. REPORT ON CYBERSECURITY THREATS.

(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence,
in coordination with the heads of other appropriate elements of
the intelligence community, shall submit to the Select Committee
on Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives a report on cybersecurity threats, including cyber attacks, theft, and data breaches.
(b) CONTENTS.—The report required by subsection (a) shall
include the following:
(1) An assessment of the current intelligence sharing and
cooperation relationships of the United States with other countries regarding cybersecurity threats, including cyber attacks,
theft, and data breaches, directed against the United States
and which threaten the United States national security
interests and economy and intellectual property, specifically
identifying the relative utility of such relationships, which elements of the intelligence community participate in such relationships, and whether and how such relationships could be
improved.
(2) A list and an assessment of the countries and nonstate
actors that are the primary threats of carrying out a cybersecurity threat, including a cyber attack, theft, or data breach,

H. R. 2029—715
against the United States and which threaten the United States
national security, economy, and intellectual property.
(3) A description of the extent to which the capabilities
of the United States Government to respond to or prevent
cybersecurity threats, including cyber attacks, theft, or data
breaches, directed against the United States private sector
are degraded by a delay in the prompt notification by private
entities of such threats or cyber attacks, theft, and data
breaches.
(4) An assessment of additional technologies or capabilities
that would enhance the ability of the United States to prevent
and to respond to cybersecurity threats, including cyber attacks,
theft, and data breaches.
(5) An assessment of any technologies or practices utilized
by the private sector that could be rapidly fielded to assist
the intelligence community in preventing and responding to
cybersecurity threats.
(c) FORM OF REPORT.—The report required by subsection (a)
shall be made available in classified and unclassified forms.
(d) INTELLIGENCE COMMUNITY DEFINED.—In this section, the
term ‘‘intelligence community’’ has the meaning given that term
in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
SEC. 110. EXCEPTION TO LIMITATION ON AUTHORITY OF SECRETARY
OF DEFENSE TO DISSEMINATE CERTAIN INFORMATION.

Notwithstanding subsection (c)(3) of section 393 of title 10,
United States Code, the Secretary of Defense may authorize the
sharing of cyber threat indicators and defensive measures pursuant
to the policies, procedures, and guidelines developed or issued under
this title.
SEC. 111. EFFECTIVE PERIOD.

(a) IN GENERAL.—Except as provided in subsection (b), this
title and the amendments made by this title shall be effective
during the period beginning on the date of the enactment of this
Act and ending on September 30, 2025.
(b) EXCEPTION.—With respect to any action authorized by this
title or information obtained pursuant to an action authorized by
this title, which occurred before the date on which the provisions
referred to in subsection (a) cease to have effect, the provisions
of this title shall continue in effect.

TITLE II—NATIONAL CYBERSECURITY
ADVANCEMENT
Subtitle A—National Cybersecurity and
Communications Integration Center
SEC. 201. SHORT TITLE.

This subtitle may be cited as the ‘‘National Cybersecurity
Protection Advancement Act of 2015’’.
SEC. 202. DEFINITIONS.

In this subtitle:

H. R. 2029—716
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(2) CYBERSECURITY RISK; INCIDENT.—The terms ‘‘cybersecurity risk’’ and ‘‘incident’’ have the meanings given those terms
in section 227 of the Homeland Security Act of 2002, as so
redesignated by section 223(a)(3) of this division.
(3) CYBER THREAT INDICATOR; DEFENSIVE MEASURE.—The
terms ‘‘cyber threat indicator’’ and ‘‘defensive measure’’ have
the meanings given those terms in section 102.
(4) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Homeland Security.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
SEC. 203. INFORMATION SHARING STRUCTURE AND PROCESSES.

Section 227 of the Homeland Security Act of 2002, as so redesignated by section 223(a)(3) of this division, is amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
(B) by striking paragraphs (1) and (2) and inserting
the following:
‘‘(1) the term ‘cybersecurity risk’—
‘‘(A) means threats to and vulnerabilities of information
or information systems and any related consequences
caused by or resulting from unauthorized access, use,
disclosure, degradation, disruption, modification, or
destruction of such information or information systems,
including such related consequences caused by an act of
terrorism; and
‘‘(B) does not include any action that solely involves
a violation of a consumer term of service or a consumer
licensing agreement;
‘‘(2) the terms ‘cyber threat indicator’ and ‘defensive
measure’ have the meanings given those terms in section 102
of the Cybersecurity Act of 2015;
‘‘(3) the term ‘incident’ means an occurrence that actually
or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an
information system, or actually or imminently jeopardizes, without lawful authority, an information system;’’;
(C) in paragraph (4), as so redesignated, by striking
‘‘and’’ at the end;
(D) in paragraph (5), as so redesignated, by striking
the period at the end and inserting ‘‘; and’’; and
(E) by adding at the end the following:
‘‘(6) the term ‘sharing’ (including all conjugations thereof)
means providing, receiving, and disseminating (including all
conjugations of each of such terms).’’;
(2) in subsection (c)—
(A) in paragraph (1)—

H. R. 2029—717
(i) by inserting ‘‘, including the implementation
of title I of the Cybersecurity Act of 2015’’ before the
semicolon at the end; and
(ii) by inserting ‘‘cyber threat indicators, defensive
measures,’’ before ‘‘cybersecurity risks’’;
(B) in paragraph (3), by striking ‘‘cybersecurity risks’’
and inserting ‘‘cyber threat indicators, defensive measures,
cybersecurity risks,’’;
(C) in paragraph (5)(A), by striking ‘‘cybersecurity
risks’’ and inserting ‘‘cyber threat indicators, defensive
measures, cybersecurity risks,’’;
(D) in paragraph (6)—
(i) by striking ‘‘cybersecurity risks’’ and inserting
‘‘cyber threat indicators, defensive measures, cybersecurity risks,’’; and
(ii) by striking ‘‘and’’ at the end;
(E) in paragraph (7)—
(i) in subparagraph (A), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (B), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(C) sharing cyber threat indicators and defensive
measures;’’; and
(F) by adding at the end the following:
‘‘(8) engaging with international partners, in consultation
with other appropriate agencies, to—
‘‘(A) collaborate on cyber threat indicators, defensive
measures, and information related to cybersecurity risks
and incidents; and
‘‘(B) enhance the security and resilience of global cybersecurity;
‘‘(9) sharing cyber threat indicators, defensive measures,
and other information related to cybersecurity risks and
incidents with Federal and non-Federal entities, including
across sectors of critical infrastructure and with State and
major urban area fusion centers, as appropriate;
‘‘(10) participating, as appropriate, in national exercises
run by the Department; and
‘‘(11) in coordination with the Office of Emergency Communications of the Department, assessing and evaluating consequence, vulnerability, and threat information regarding cyber
incidents to public safety communications to help facilitate
continuous improvements to the security and resiliency of such
communications.’’;
(3) in subsection (d)(1)—
(A) in subparagraph (B)—
(i) in clause (i), by striking ‘‘and local’’ and
inserting ‘‘, local, and tribal’’;
(ii) in clause (ii), by striking ‘‘; and’’ and inserting
‘‘, including information sharing and analysis centers;’’;
(iii) in clause (iii), by adding ‘‘and’’ at the end;
and
(iv) by adding at the end the following:
‘‘(iv) private entities;’’.
(B) in subparagraph (D), by striking ‘‘and’’ at the end;

H. R. 2029—718
(C) by redesignating subparagraph (E) as subparagraph (F); and
(D) by inserting after subparagraph (D) the following:
‘‘(E) an entity that collaborates with State and local
governments on cybersecurity risks and incidents, and has
entered into a voluntary information sharing relationship
with the Center; and’’;
(4) in subsection (e)—
(A) in paragraph (1)—
(i) in subparagraph (A), by inserting ‘‘cyber threat
indicators, defensive measures, and’’ before ‘‘information’’;
(ii) in subparagraph (B), by inserting ‘‘cyber threat
indicators, defensive measures, and’’ before ‘‘information related’’;
(iii) in subparagraph (F)—
(I) by striking ‘‘cybersecurity risks’’ and
inserting ‘‘cyber threat indicators, defensive measures, cybersecurity risks,’’; and
(II) by striking ‘‘and’’ at the end;
(iv) in subparagraph (G), by striking ‘‘cybersecurity
risks and incidents’’ and inserting ‘‘cyber threat indicators, defensive measures, cybersecurity risks, and
incidents; and’’; and
(v) by adding at the end the following:
‘‘(H) the Center designates an agency contact for nonFederal entities;’’;
(B) in paragraph (2)—
(i) by striking ‘‘cybersecurity risks’’ and inserting
‘‘cyber threat indicators, defensive measures, cybersecurity risks,’’; and
(ii) by inserting ‘‘or disclosure’’ after ‘‘access’’; and
(C) in paragraph (3), by inserting before the period
at the end the following: ‘‘, including by working with
the Privacy Officer appointed under section 222 to ensure
that the Center follows the policies and procedures specified
in subsections (b) and (d)(5)(C) of section 105 of the Cybersecurity Act of 2015’’; and
(5) by adding at the end the following:
‘‘(g) AUTOMATED INFORMATION SHARING.—
‘‘(1) IN GENERAL.—The Under Secretary appointed under
section 103(a)(1)(H), in coordination with industry and other
stakeholders, shall develop capabilities making use of existing
information technology industry standards and best practices,
as appropriate, that support and rapidly advance the development, adoption, and implementation of automated mechanisms
for the sharing of cyber threat indicators and defensive measures in accordance with title I of the Cybersecurity Act of
2015.
‘‘(2) ANNUAL REPORT.—The Under Secretary appointed
under section 103(a)(1)(H) shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of
Representatives an annual report on the status and progress
of the development of the capabilities described in paragraph
(1). Such reports shall be required until such capabilities are
fully implemented.

H. R. 2029—719
‘‘(h) VOLUNTARY INFORMATION SHARING PROCEDURES.—
‘‘(1) PROCEDURES.—
‘‘(A) IN GENERAL.—The Center may enter into a voluntary information sharing relationship with any consenting non-Federal entity for the sharing of cyber threat
indicators and defensive measures for cybersecurity purposes in accordance with this section. Nothing in this subsection may be construed to require any non-Federal entity
to enter into any such information sharing relationship
with the Center or any other entity. The Center may terminate a voluntary information sharing relationship under
this subsection, at the sole and unreviewable discretion
of the Secretary, acting through the Under Secretary
appointed under section 103(a)(1)(H), for any reason,
including if the Center determines that the non-Federal
entity with which the Center has entered into such a
relationship has violated the terms of this subsection.
‘‘(B) NATIONAL SECURITY.—The Secretary may decline
to enter into a voluntary information sharing relationship
under this subsection, at the sole and unreviewable discretion of the Secretary, acting through the Under Secretary
appointed under section 103(a)(1)(H), for any reason,
including if the Secretary determines that such is appropriate for national security.
‘‘(2) VOLUNTARY INFORMATION SHARING RELATIONSHIPS.—
A voluntary information sharing relationship under this subsection may be characterized as an agreement described in
this paragraph.
‘‘(A) STANDARD AGREEMENT.—For the use of a nonFederal entity, the Center shall make available a standard
agreement, consistent with this section, on the Department’s website.
‘‘(B) NEGOTIATED AGREEMENT.—At the request of a nonFederal entity, and if determined appropriate by the
Center, at the sole and unreviewable discretion of the Secretary, acting through the Under Secretary appointed
under section 103(a)(1)(H), the Department shall negotiate
a non-standard agreement, consistent with this section.
‘‘(C) EXISTING AGREEMENTS.—An agreement between
the Center and a non-Federal entity that is entered into
before the date of enactment of this subsection, or such
an agreement that is in effect before such date, shall be
deemed in compliance with the requirements of this subsection, notwithstanding any other provision or requirement of this subsection. An agreement under this subsection shall include the relevant privacy protections as
in effect under the Cooperative Research and Development
Agreement for Cybersecurity Information Sharing and
Collaboration, as of December 31, 2014. Nothing in this
subsection may be construed to require a non-Federal entity
to enter into either a standard or negotiated agreement
to be in compliance with this subsection.
‘‘(i) DIRECT REPORTING.—The Secretary shall develop policies
and procedures for direct reporting to the Secretary by the Director
of the Center regarding significant cybersecurity risks and incidents.

H. R. 2029—720
‘‘(j) REPORTS ON INTERNATIONAL COOPERATION.—Not later than
180 days after the date of enactment of this subsection, and periodically thereafter, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the
House of Representatives a report on the range of efforts underway
to bolster cybersecurity collaboration with relevant international
partners in accordance with subsection (c)(8).
‘‘(k) OUTREACH.—Not later than 60 days after the date of enactment of this subsection, the Secretary, acting through the Under
Secretary appointed under section 103(a)(1)(H), shall—
‘‘(1) disseminate to the public information about how to
voluntarily share cyber threat indicators and defensive measures with the Center; and
‘‘(2) enhance outreach to critical infrastructure owners and
operators for purposes of such sharing.
‘‘(l) COORDINATED VULNERABILITY DISCLOSURE.—The Secretary,
in coordination with industry and other stakeholders, may develop
and adhere to Department policies and procedures for coordinating
vulnerability disclosures.’’.
SEC. 204. INFORMATION SHARING AND ANALYSIS ORGANIZATIONS.

Section 212 of the Homeland Security Act of 2002 (6 U.S.C.
131) is amended—
(1) in paragraph (5)—
(A) in subparagraph (A)—
(i) by inserting ‘‘, including information related
to cybersecurity risks and incidents,’’ after ‘‘critical
infrastructure information’’; and
(ii) by inserting ‘‘, including cybersecurity risks
and incidents,’’ after ‘‘related to critical infrastructure’’;
(B) in subparagraph (B)—
(i) by inserting ‘‘, including cybersecurity risks and
incidents,’’ after ‘‘critical infrastructure information’’;
and
(ii) by inserting ‘‘, including cybersecurity risks
and incidents,’’ after ‘‘related to critical infrastructure’’;
and
(C) in subparagraph (C), by inserting ‘‘, including cybersecurity risks and incidents,’’ after ‘‘critical infrastructure
information’’; and
(2) by adding at the end the following:
‘‘(8) CYBERSECURITY RISK; INCIDENT.—The terms ‘cybersecurity risk’ and ‘incident’ have the meanings given those terms
in section 227.’’.
SEC. 205. NATIONAL RESPONSE FRAMEWORK.

Section 228 of the Homeland Security Act of 2002, as added
by section 223(a)(4) of this division, is amended by adding at the
end the following:
‘‘(d) NATIONAL RESPONSE FRAMEWORK.—The Secretary, in
coordination with the heads of other appropriate Federal departments and agencies, and in accordance with the National Cybersecurity Incident Response Plan required under subsection (c), shall
regularly update, maintain, and exercise the Cyber Incident Annex
to the National Response Framework of the Department.’’.

H. R. 2029—721
SEC. 206. REPORT ON REDUCING CYBERSECURITY RISKS IN DHS DATA
CENTERS.

Not later than 1 year after the date of the enactment of this
Act, the Secretary shall submit to the appropriate congressional
committees a report on the feasibility of the Department creating
an environment for the reduction in cybersecurity risks in Department data centers, including by increasing compartmentalization
between systems, and providing a mix of security controls between
such compartments.
SEC. 207. ASSESSMENT.

Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall submit
to the appropriate congressional committees a report that includes—
(1) an assessment of the implementation by the Secretary
of this title and the amendments made by this title; and
(2) to the extent practicable, findings regarding increases
in the sharing of cyber threat indicators, defensive measures,
and information relating to cybersecurity risks and incidents
at the center established under section 227 of the Homeland
Security Act of 2002, as redesignated by section 223(a) of this
division, and throughout the United States.
SEC. 208. MULTIPLE SIMULTANEOUS CYBER INCIDENTS AT CRITICAL
INFRASTRUCTURE.

Not later than 1 year after the date of enactment of this
Act, the Under Secretary appointed under section 103(a)(1)(H) of
the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H)) shall
provide information to the appropriate congressional committees
on the feasibility of producing a risk-informed plan to address
the risk of multiple simultaneous cyber incidents affecting critical
infrastructure, including cyber incidents that may have a cascading
effect on other critical infrastructure.
SEC. 209. REPORT ON CYBERSECURITY VULNERABILITIES OF UNITED
STATES PORTS.

Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the appropriate congressional
committees, the Committee on Commerce, Science and Transportation of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives a report on cybersecurity vulnerabilities for the 10 United States ports that the Secretary determines are at greatest risk of a cybersecurity incident
and provide recommendations to mitigate such vulnerabilities.
SEC. 210. PROHIBITION ON NEW REGULATORY AUTHORITY.

Nothing in this subtitle or the amendments made by this subtitle may be construed to grant the Secretary any authority to
promulgate regulations or set standards relating to the cybersecurity of non-Federal entities, not including State, local, and tribal
governments, that was not in effect on the day before the date
of enactment of this Act.
SEC. 211. TERMINATION OF REPORTING REQUIREMENTS.

Any reporting requirements in this subtitle shall terminate
on the date that is 7 years after the date of enactment of this
Act.

H. R. 2029—722

Subtitle B—Federal Cybersecurity
Enhancement
SEC. 221. SHORT TITLE.

This subtitle may be cited as the ‘‘Federal Cybersecurity
Enhancement Act of 2015’’.
SEC. 222. DEFINITIONS.

In this subtitle:
(1) AGENCY.—The term ‘‘agency’’ has the meaning given
the term in section 3502 of title 44, United States Code.
(2) AGENCY INFORMATION SYSTEM.—The term ‘‘agency
information system’’ has the meaning given the term in section
228 of the Homeland Security Act of 2002, as added by section
223(a)(4) of this division.
(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(4) CYBERSECURITY RISK; INFORMATION SYSTEM.—The terms
‘‘cybersecurity risk’’ and ‘‘information system’’ have the
meanings given those terms in section 227 of the Homeland
Security Act of 2002, as so redesignated by section 223(a)(3)
of this division.
(5) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Office of Management and Budget.
(6) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence
community’’ has the meaning given the term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(7) NATIONAL SECURITY SYSTEM.—The term ‘‘national security system’’ has the meaning given the term in section 11103
of title 40, United States Code.
(8) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
SEC. 223. IMPROVED FEDERAL NETWORK SECURITY.

(a) IN GENERAL.—Subtitle C of title II of the Homeland Security
Act of 2002 (6 U.S.C. 141 et seq.) is amended—
(1) by redesignating section 228 as section 229;
(2) by redesignating section 227 as subsection (c) of section
228, as added by paragraph (4), and adjusting the margins
accordingly;
(3) by redesignating the second section designated as section 226 (relating to the national cybersecurity and communications integration center) as section 227;
(4) by inserting after section 227, as so redesignated, the
following:
‘‘SEC. 228. CYBERSECURITY PLANS.

‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘agency information system’ means an
information system used or operated by an agency or by another
entity on behalf of an agency;

H. R. 2029—723
‘‘(2) the terms ‘cybersecurity risk’ and ‘information system’
have the meanings given those terms in section 227;
‘‘(3) the term ‘intelligence community’ has the meaning
given the term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 3003(4)); and
‘‘(4) the term ‘national security system’ has the meaning
given the term in section 11103 of title 40, United States
Code.
‘‘(b) INTRUSION ASSESSMENT PLAN.—
‘‘(1) REQUIREMENT.—The Secretary, in coordination with
the Director of the Office of Management and Budget, shall—
‘‘(A) develop and implement an intrusion assessment
plan to proactively detect, identify, and remove intruders
in agency information systems on a routine basis; and
‘‘(B) update such plan as necessary.
‘‘(2) EXCEPTION.—The intrusion assessment plan required
under paragraph (1) shall not apply to the Department of
Defense, a national security system, or an element of the intelligence community.’’;
(5) in section 228(c), as so redesignated, by striking ‘‘section
226’’ and inserting ‘‘section 227’’; and
(6) by inserting after section 229, as so redesignated, the
following:
‘‘SEC.

230.

FEDERAL
SYSTEM.

INTRUSION

DETECTION

AND

PREVENTION

‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘agency’ has the meaning given the term
in section 3502 of title 44, United States Code;
‘‘(2) the term ‘agency information’ means information collected or maintained by or on behalf of an agency;
‘‘(3) the term ‘agency information system’ has the meaning
given the term in section 228; and
‘‘(4) the terms ‘cybersecurity risk’ and ‘information system’
have the meanings given those terms in section 227.
‘‘(b) REQUIREMENT.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this section, the Secretary shall deploy, operate,
and maintain, to make available for use by any agency, with
or without reimbursement—
‘‘(A) a capability to detect cybersecurity risks in network traffic transiting or traveling to or from an agency
information system; and
‘‘(B) a capability to prevent network traffic associated
with such cybersecurity risks from transiting or traveling
to or from an agency information system or modify such
network traffic to remove the cybersecurity risk.
‘‘(2) REGULAR IMPROVEMENT.—The Secretary shall regularly
deploy new technologies and modify existing technologies to
the intrusion detection and prevention capabilities described
in paragraph (1) as appropriate to improve the intrusion detection and prevention capabilities.
‘‘(c) ACTIVITIES.—In carrying out subsection (b), the Secretary—
‘‘(1) may access, and the head of an agency may disclose
to the Secretary or a private entity providing assistance to
the Secretary under paragraph (2), information transiting or
traveling to or from an agency information system, regardless

H. R. 2029—724
of the location from which the Secretary or a private entity
providing assistance to the Secretary under paragraph (2)
accesses such information, notwithstanding any other provision
of law that would otherwise restrict or prevent the head of
an agency from disclosing such information to the Secretary
or a private entity providing assistance to the Secretary under
paragraph (2);
‘‘(2) may enter into contracts or other agreements with,
or otherwise request and obtain the assistance of, private entities to deploy, operate, and maintain technologies in accordance
with subsection (b);
‘‘(3) may retain, use, and disclose information obtained
through the conduct of activities authorized under this section
only to protect information and information systems from cybersecurity risks;
‘‘(4) shall regularly assess through operational test and
evaluation in real world or simulated environments available
advanced protective technologies to improve detection and
prevention capabilities, including commercial and noncommercial technologies and detection technologies beyond signaturebased detection, and acquire, test, and deploy such technologies
when appropriate;
‘‘(5) shall establish a pilot through which the Secretary
may acquire, test, and deploy, as rapidly as possible, technologies described in paragraph (4); and
‘‘(6) shall periodically update the privacy impact assessment
required under section 208(b) of the E-Government Act of 2002
(44 U.S.C. 3501 note).
‘‘(d) PRINCIPLES.—In carrying out subsection (b), the Secretary
shall ensure that—
‘‘(1) activities carried out under this section are reasonably
necessary for the purpose of protecting agency information and
agency information systems from a cybersecurity risk;
‘‘(2) information accessed by the Secretary will be retained
no longer than reasonably necessary for the purpose of protecting agency information and agency information systems
from a cybersecurity risk;
‘‘(3) notice has been provided to users of an agency information system concerning access to communications of users of
the agency information system for the purpose of protecting
agency information and the agency information system; and
‘‘(4) the activities are implemented pursuant to policies
and procedures governing the operation of the intrusion detection and prevention capabilities.
‘‘(e) PRIVATE ENTITIES.—
‘‘(1) CONDITIONS.—A private entity described in subsection
(c)(2) may not—
‘‘(A) disclose any network traffic transiting or traveling
to or from an agency information system to any entity
other than the Department or the agency that disclosed
the information under subsection (c)(1), including personal
information of a specific individual or information that
identifies a specific individual not directly related to a
cybersecurity risk; or
‘‘(B) use any network traffic transiting or traveling
to or from an agency information system to which the
private entity gains access in accordance with this section

H. R. 2029—725
for any purpose other than to protect agency information
and agency information systems against cybersecurity risks
or to administer a contract or other agreement entered
into pursuant to subsection (c)(2) or as part of another
contract with the Secretary.
‘‘(2) LIMITATION ON LIABILITY.—No cause of action shall
lie in any court against a private entity for assistance provided
to the Secretary in accordance with this section and any contract or agreement entered into pursuant to subsection (c)(2).
‘‘(3) RULE OF CONSTRUCTION.—Nothing in paragraph (2)
shall be construed to authorize an Internet service provider
to break a user agreement with a customer without the consent
of the customer.
‘‘(f) PRIVACY OFFICER REVIEW.—Not later than 1 year after
the date of enactment of this section, the Privacy Officer appointed
under section 222, in consultation with the Attorney General, shall
review the policies and guidelines for the program carried out
under this section to ensure that the policies and guidelines are
consistent with applicable privacy laws, including those governing
the acquisition, interception, retention, use, and disclosure of
communications.’’.
(b) AGENCY RESPONSIBILITIES.—
(1) IN GENERAL.—Except as provided in paragraph (2)—
(A) not later than 1 year after the date of enactment
of this Act or 2 months after the date on which the Secretary makes available the intrusion detection and prevention capabilities under section 230(b)(1) of the Homeland
Security Act of 2002, as added by subsection (a), whichever
is later, the head of each agency shall apply and continue
to utilize the capabilities to all information traveling
between an agency information system and any information
system other than an agency information system; and
(B) not later than 6 months after the date on which
the Secretary makes available improvements to the intrusion detection and prevention capabilities pursuant to section 230(b)(2) of the Homeland Security Act of 2002, as
added by subsection (a), the head of each agency shall
apply and continue to utilize the improved intrusion detection and prevention capabilities.
(2) EXCEPTION.—The requirements under paragraph (1)
shall not apply to the Department of Defense, a national security system, or an element of the intelligence community.
(3) DEFINITION.—Notwithstanding section 222, in this subsection, the term ‘‘agency information system’’ means an
information system owned or operated by an agency.
(4) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to limit an agency from applying the intrusion detection and prevention capabilities to an information
system other than an agency information system under section
230(b)(1) of the Homeland Security Act of 2002, as added by
subsection (a), at the discretion of the head of the agency
or as provided in relevant policies, directives, and guidelines.
(c) TABLE OF CONTENTS AMENDMENT.—The table of contents
in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C.
101 note) is amended by striking the items relating to the first
section designated as section 226, the second section designated

H. R. 2029—726
as section 226 (relating to the national cybersecurity and communications integration center), section 227, and section 228 and
inserting the following:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

226.
227.
228.
229.
230.

Cybersecurity recruitment and retention.
National cybersecurity and communications integration center.
Cybersecurity plans.
Clearances.
Federal intrusion detection and prevention system.’’.

SEC. 224. ADVANCED INTERNAL DEFENSES.

(a) ADVANCED NETWORK SECURITY TOOLS.—
(1) IN GENERAL.—The Secretary shall include, in the efforts
of the Department to continuously diagnose and mitigate cybersecurity risks, advanced network security tools to improve visibility of network activity, including through the use of commercial and free or open source tools, and to detect and mitigate
intrusions and anomalous activity.
(2) DEVELOPMENT OF PLAN.—The Director shall develop
and the Secretary shall implement a plan to ensure that each
agency utilizes advanced network security tools, including those
described in paragraph (1), to detect and mitigate intrusions
and anomalous activity.
(b) PRIORITIZING ADVANCED SECURITY TOOLS.—The Director
and the Secretary, in consultation with appropriate agencies, shall—
(1) review and update Government-wide policies and programs to ensure appropriate prioritization and use of network
security monitoring tools within agency networks; and
(2) brief appropriate congressional committees on such
prioritization and use.
(c) IMPROVED METRICS.—The Secretary, in collaboration with
the Director, shall review and update the metrics used to measure
security under section 3554 of title 44, United States Code, to
include measures of intrusion and incident detection and response
times.
(d) TRANSPARENCY AND ACCOUNTABILITY.—The Director, in consultation with the Secretary, shall increase transparency to the
public on agency cybersecurity posture, including by increasing
the number of metrics available on Federal Government performance websites and, to the greatest extent practicable, displaying
metrics for department components, small agencies, and microagencies.
(e) MAINTENANCE OF TECHNOLOGIES.—Section 3553(b)(6)(B) of
title 44, United States Code, is amended by inserting ‘‘, operating,
and maintaining’’ after ‘‘deploying’’.
(f) EXCEPTION.—The requirements under this section shall not
apply to the Department of Defense, a national security system,
or an element of the intelligence community.
SEC. 225. FEDERAL CYBERSECURITY REQUIREMENTS.

(a) IMPLEMENTATION OF
ARDS.—Consistent with section

FEDERAL CYBERSECURITY STAND3553 of title 44, United States Code,
the Secretary, in consultation with the Director, shall exercise the
authority to issue binding operational directives to assist the
Director in ensuring timely agency adoption of and compliance
with policies and standards promulgated under section 11331 of
title 40, United States Code, for securing agency information systems.
(b) CYBERSECURITY REQUIREMENTS AT AGENCIES.—

H. R. 2029—727
(1) IN GENERAL.—Consistent with policies, standards,
guidelines, and directives on information security under subchapter II of chapter 35 of title 44, United States Code, and
the standards and guidelines promulgated under section 11331
of title 40, United States Code, and except as provided in
paragraph (2), not later than 1 year after the date of the
enactment of this Act, the head of each agency shall—
(A) identify sensitive and mission critical data stored
by the agency consistent with the inventory required under
the first subsection (c) (relating to the inventory of major
information systems) and the second subsection (c) (relating
to the inventory of information systems) of section 3505
of title 44, United States Code;
(B) assess access controls to the data described in
subparagraph (A), the need for readily accessible storage
of the data, and individuals’ need to access the data;
(C) encrypt or otherwise render indecipherable to
unauthorized users the data described in subparagraph
(A) that is stored on or transiting agency information systems;
(D) implement a single sign-on trusted identity platform for individuals accessing each public website of the
agency that requires user authentication, as developed by
the Administrator of General Services in collaboration with
the Secretary; and
(E) implement identity management consistent with
section 504 of the Cybersecurity Enhancement Act of 2014
(Public Law 113–274; 15 U.S.C. 7464), including multifactor authentication, for—
(i) remote access to an agency information system;
and
(ii) each user account with elevated privileges on
an agency information system.
(2) EXCEPTION.—The requirements under paragraph (1)
shall not apply to an agency information system for which—
(A) the head of the agency has personally certified
to the Director with particularity that—
(i) operational requirements articulated in the certification and related to the agency information system
would make it excessively burdensome to implement
the cybersecurity requirement;
(ii) the cybersecurity requirement is not necessary
to secure the agency information system or agency
information stored on or transiting it; and
(iii) the agency has taken all necessary steps to
secure the agency information system and agency
information stored on or transiting it; and
(B) the head of the agency or the designee of the
head of the agency has submitted the certification described
in subparagraph (A) to the appropriate congressional
committees and the agency’s authorizing committees.
(3) CONSTRUCTION.—Nothing in this section shall be construed to alter the authority of the Secretary, the Director,
or the Director of the National Institute of Standards and
Technology in implementing subchapter II of chapter 35 of
title 44, United States Code. Nothing in this section shall
be construed to affect the National Institute of Standards and

H. R. 2029—728
Technology standards process or the requirement under section
3553(a)(4) of such title or to discourage continued improvements
and advancements in the technology, standards, policies, and
guidelines used to promote Federal information security.
(c) EXCEPTION.—The requirements under this section shall not
apply to the Department of Defense, a national security system,
or an element of the intelligence community.
SEC. 226. ASSESSMENT; REPORTS.

(a) DEFINITIONS.—In this section:
(1) AGENCY INFORMATION.—The term ‘‘agency information’’
has the meaning given the term in section 230 of the Homeland
Security Act of 2002, as added by section 223(a)(6) of this
division.
(2) CYBER THREAT INDICATOR; DEFENSIVE MEASURE.—The
terms ‘‘cyber threat indicator’’ and ‘‘defensive measure’’ have
the meanings given those terms in section 102.
(3) INTRUSION ASSESSMENTS.—The term ‘‘intrusion assessments’’ means actions taken under the intrusion assessment
plan to identify and remove intruders in agency information
systems.
(4) INTRUSION ASSESSMENT PLAN.—The term ‘‘intrusion
assessment plan’’ means the plan required under section
228(b)(1) of the Homeland Security Act of 2002, as added by
section 223(a)(4) of this division.
(5) INTRUSION DETECTION AND PREVENTION CAPABILITIES.—
The term ‘‘intrusion detection and prevention capabilities’’
means the capabilities required under section 230(b) of the
Homeland Security Act of 2002, as added by section 223(a)(6)
of this division.
(b) THIRD-PARTY ASSESSMENT.—Not later than 3 years after
the date of enactment of this Act, the Comptroller General of
the United States shall conduct a study and publish a report on
the effectiveness of the approach and strategy of the Federal
Government to securing agency information systems, including the
intrusion detection and prevention capabilities and the intrusion
assessment plan.
(c) REPORTS TO CONGRESS.—
(1) INTRUSION DETECTION AND PREVENTION CAPABILITIES.—
(A) SECRETARY OF HOMELAND SECURITY REPORT.—Not
later than 6 months after the date of enactment of this
Act, and annually thereafter, the Secretary shall submit
to the appropriate congressional committees a report on
the status of implementation of the intrusion detection
and prevention capabilities, including—
(i) a description of privacy controls;
(ii) a description of the technologies and capabilities utilized to detect cybersecurity risks in network
traffic, including the extent to which those technologies
and capabilities include existing commercial and noncommercial technologies;
(iii) a description of the technologies and capabilities utilized to prevent network traffic associated with
cybersecurity risks from transiting or traveling to or
from agency information systems, including the extent
to which those technologies and capabilities include
existing commercial and noncommercial technologies;

H. R. 2029—729
(iv) a list of the types of indicators or other identifiers or techniques used to detect cybersecurity risks
in network traffic transiting or traveling to or from
agency information systems on each iteration of the
intrusion detection and prevention capabilities and the
number of each such type of indicator, identifier, and
technique;
(v) the number of instances in which the intrusion
detection and prevention capabilities detected a cybersecurity risk in network traffic transiting or traveling
to or from agency information systems and the number
of times the intrusion detection and prevention
capabilities blocked network traffic associated with
cybersecurity risk; and
(vi) a description of the pilot established under
section 230(c)(5) of the Homeland Security Act of 2002,
as added by section 223(a)(6) of this division, including
the number of new technologies tested and the number
of participating agencies.
(B) OMB REPORT.—Not later than 18 months after
the date of enactment of this Act, and annually thereafter,
the Director shall submit to Congress, as part of the report
required under section 3553(c) of title 44, United States
Code, an analysis of agency application of the intrusion
detection and prevention capabilities, including—
(i) a list of each agency and the degree to which
each agency has applied the intrusion detection and
prevention capabilities to an agency information
system; and
(ii) a list by agency of—
(I) the number of instances in which the intrusion detection and prevention capabilities detected
a cybersecurity risk in network traffic transiting
or traveling to or from an agency information
system and the types of indicators, identifiers, and
techniques used to detect such cybersecurity risks;
and
(II) the number of instances in which the
intrusion detection and prevention capabilities prevented network traffic associated with a cybersecurity risk from transiting or traveling to or from
an agency information system and the types of
indicators, identifiers, and techniques used to
detect such agency information systems.
(C) CHIEF INFORMATION OFFICER.—Not earlier than 18
months after the date of enactment of this Act and not
later than 2 years after the date of enactment of this
Act, the Federal Chief Information Officer shall review
and submit to the appropriate congressional committees
a report assessing the intrusion detection and intrusion
prevention capabilities, including—
(i) the effectiveness of the system in detecting,
disrupting, and preventing cyber-threat actors,
including advanced persistent threats, from accessing
agency information and agency information systems;
(ii) whether the intrusion detection and prevention
capabilities, continuous diagnostics and mitigation, and

H. R. 2029—730
other systems deployed under subtitle D of title II
of the Homeland Security Act of 2002 (6 U.S.C. 231
et seq.) are effective in securing Federal information
systems;
(iii) the costs and benefits of the intrusion detection
and prevention capabilities, including as compared to
commercial technologies and tools and including the
value of classified cyber threat indicators; and
(iv) the capability of agencies to protect sensitive
cyber threat indicators and defensive measures if they
were shared through unclassified mechanisms for use
in commercial technologies and tools.
(2) OMB REPORT ON DEVELOPMENT AND IMPLEMENTATION
OF
INTRUSION
ASSESSMENT
PLAN,
ADVANCED
INTERNAL
DEFENSES, AND FEDERAL CYBERSECURITY REQUIREMENTS.—The
Director shall—
(A) not later than 6 months after the date of enactment
of this Act, and 30 days after any update thereto, submit
the intrusion assessment plan to the appropriate congressional committees;
(B) not later than 1 year after the date of enactment
of this Act, and annually thereafter, submit to Congress,
as part of the report required under section 3553(c) of
title 44, United States Code—
(i) a description of the implementation of the intrusion assessment plan;
(ii) the findings of the intrusion assessments conducted pursuant to the intrusion assessment plan;
(iii) a description of the advanced network security
tools included in the efforts to continuously diagnose
and mitigate cybersecurity risks pursuant to section
224(a)(1); and
(iv) a list by agency of compliance with the requirements of section 225(b); and
(C) not later than 1 year after the date of enactment
of this Act, submit to the appropriate congressional committees—
(i) a copy of the plan developed pursuant to section
224(a)(2); and
(ii) the improved metrics developed pursuant to
section 224(c).
(d) FORM.—Each report required under this section shall be
submitted in unclassified form, but may include a classified annex.
SEC. 227. TERMINATION.

(a) IN GENERAL.—The authority provided under section 230
of the Homeland Security Act of 2002, as added by section 223(a)(6)
of this division, and the reporting requirements under section 226(c)
of this division shall terminate on the date that is 7 years after
the date of enactment of this Act.
(b) RULE OF CONSTRUCTION.—Nothing in subsection (a) shall
be construed to affect the limitation of liability of a private entity
for assistance provided to the Secretary under section 230(d)(2)
of the Homeland Security Act of 2002, as added by section 223(a)(6)
of this division, if such assistance was rendered before the termination date under subsection (a) or otherwise during a period in
which the assistance was authorized.

H. R. 2029—731
SEC. 228. IDENTIFICATION OF INFORMATION SYSTEMS RELATING TO
NATIONAL SECURITY.

(a) IN GENERAL.—Except as provided in subsection (c), not
later than 180 days after the date of enactment of this Act—
(1) the Director of National Intelligence and the Director
of the Office of Management and Budget, in coordination with
the heads of other agencies, shall—
(A) identify all unclassified information systems that
provide access to information that may provide an
adversary with the ability to derive information that would
otherwise be considered classified;
(B) assess the risks that would result from the breach
of each unclassified information system identified in
subparagraph (A); and
(C) assess the cost and impact on the mission carried
out by each agency that owns an unclassified information
system identified in subparagraph (A) if the system were
to be subsequently designated as a national security
system; and
(2) the Director of National Intelligence and the Director
of the Office of Management and Budget shall submit to the
appropriate congressional committees, the Select Committee
on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a report
that includes the findings under paragraph (1).
(b) FORM.—The report submitted under subsection (a)(2) shall
be in unclassified form, and shall include a classified annex.
(c) EXCEPTION.—The requirements under subsection (a)(1) shall
not apply to the Department of Defense, a national security system,
or an element of the intelligence community.
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to designate an information system as a national security
system.
SEC. 229. DIRECTION TO AGENCIES.

(a) IN GENERAL.—Section 3553 of title 44, United States Code,
is amended by adding at the end the following:
‘‘(h) DIRECTION TO AGENCIES.—
‘‘(1) AUTHORITY.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), in
response to a known or reasonably suspected information
security threat, vulnerability, or incident that represents
a substantial threat to the information security of an
agency, the Secretary may issue an emergency directive
to the head of an agency to take any lawful action with
respect to the operation of the information system,
including such systems used or operated by another entity
on behalf of an agency, that collects, processes, stores,
transmits, disseminates, or otherwise maintains agency
information, for the purpose of protecting the information
system from, or mitigating, an information security threat.
‘‘(B) EXCEPTION.—The authorities of the Secretary
under this subsection shall not apply to a system described
subsection (d) or to a system described in paragraph (2)
or (3) of subsection (e).
‘‘(2) PROCEDURES FOR USE OF AUTHORITY.—The Secretary
shall—

H. R. 2029—732
‘‘(A) in coordination with the Director, and in consultation with Federal contractors as appropriate, establish
procedures governing the circumstances under which a
directive may be issued under this subsection, which shall
include—
‘‘(i) thresholds and other criteria;
‘‘(ii) privacy and civil liberties protections; and
‘‘(iii) providing notice to potentially affected third
parties;
‘‘(B) specify the reasons for the required action and
the duration of the directive;
‘‘(C) minimize the impact of a directive under this
subsection by—
‘‘(i) adopting the least intrusive means possible
under the circumstances to secure the agency information systems; and
‘‘(ii) limiting directives to the shortest period practicable;
‘‘(D) notify the Director and the head of any affected
agency immediately upon the issuance of a directive under
this subsection;
‘‘(E) consult with the Director of the National Institute
of Standards and Technology regarding any directive under
this subsection that implements standards and guidelines
developed by the National Institute of Standards and Technology;
‘‘(F) ensure that directives issued under this subsection
do not conflict with the standards and guidelines issued
under section 11331 of title 40;
‘‘(G) consider any applicable standards or guidelines
developed by the National Institute of Standards and Technology issued by the Secretary of Commerce under section
11331 of title 40; and
‘‘(H) not later than February 1 of each year, submit
to the appropriate congressional committees a report
regarding the specific actions the Secretary has taken
pursuant to paragraph (1)(A).
‘‘(3) IMMINENT THREATS.—
‘‘(A) IN GENERAL.—Notwithstanding section 3554, the
Secretary may authorize the use under this subsection
of the intrusion detection and prevention capabilities established under section 230(b)(1) of the Homeland Security
Act of 2002 for the purpose of ensuring the security of
agency information systems, if—
‘‘(i) the Secretary determines there is an imminent
threat to agency information systems;
‘‘(ii) the Secretary determines a directive under
subsection (b)(2)(C) or paragraph (1)(A) is not reasonably likely to result in a timely response to the threat;
‘‘(iii) the Secretary determines the risk posed by
the imminent threat outweighs any adverse consequences reasonably expected to result from the use
of the intrusion detection and prevention capabilities
under the control of the Secretary;
‘‘(iv) the Secretary provides prior notice to the
Director, and the head and chief information officer
(or equivalent official) of each agency to which specific

H. R. 2029—733
actions will be taken pursuant to this paragraph, and
notifies the appropriate congressional committees and
authorizing committees of each such agency within
7 days of taking an action under this paragraph of—
‘‘(I) any action taken under this paragraph;
and
‘‘(II) the reasons for and duration and nature
of the action;
‘‘(v) the action of the Secretary is consistent with
applicable law; and
‘‘(vi) the Secretary authorizes the use of the intrusion detection and prevention capabilities in accordance
with the advance procedures established under
subparagraph (C).
‘‘(B) LIMITATION ON DELEGATION.—The authority under
this paragraph may not be delegated by the Secretary.
‘‘(C) ADVANCE PROCEDURES.—The Secretary shall, in
coordination with the Director, and in consultation with
the heads of Federal agencies, establish procedures governing the circumstances under which the Secretary may
authorize the use of the intrusion detection and prevention
capabilities under subparagraph (A). The Secretary shall
submit the procedures to Congress.
‘‘(4) LIMITATION.—The Secretary may direct or authorize
lawful action or the use of the intrusion detection and prevention capabilities under this subsection only to—
‘‘(A) protect agency information from unauthorized
access, use, disclosure, disruption, modification, or destruction; or
‘‘(B) require the remediation of or protect against
identified information security risks with respect to—
‘‘(i) information collected or maintained by or on
behalf of an agency; or
‘‘(ii) that portion of an information system used
or operated by an agency or by a contractor of an
agency or other organization on behalf of an agency.
‘‘(i) ANNUAL REPORT TO CONGRESS.—Not later than February
1 of each year, the Director and the Secretary shall submit to
the appropriate congressional committees a report regarding the
specific actions the Director and the Secretary have taken pursuant
to subsection (a)(5), including any actions taken pursuant to section
11303(b)(5) of title 40.
‘‘(j) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘appropriate congressional committees’
means—
‘‘(1) the Committee on Appropriations and the Committee
on Homeland Security and Governmental Affairs of the Senate;
and
‘‘(2) the Committee on Appropriations, the Committee on
Homeland Security, the Committee on Oversight and Government Reform, and the Committee on Science, Space, and Technology of the House of Representatives.’’.
(b) CONFORMING AMENDMENT.—Section 3554(a)(1)(B) of title
44, United States Code, is amended—
(1) in clause (iii), by striking ‘‘and’’ at the end; and
(2) by adding at the end the following:

H. R. 2029—734
‘‘(v) emergency directives issued by the Secretary
under section 3553(h); and’’.

TITLE III—FEDERAL CYBERSECURITY
WORKFORCE ASSESSMENT
SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘Federal Cybersecurity Workforce
Assessment Act of 2015’’.
SEC. 302. DEFINITIONS.

In this title:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Homeland Security and Governmental Affairs of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Commerce, Science, and
Transportation of the Senate;
(E) the Committee on Armed Services of the House
of Representatives;
(F) the Committee on Homeland Security of the House
of Representatives;
(G) the Committee on Oversight and Government
Reform of the House of Representatives; and
(H) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Office of Personnel Management.
(3) NATIONAL INITIATIVE FOR CYBERSECURITY EDUCATION.—
The term ‘‘National Initiative for Cybersecurity Education’’
means the initiative under the national cybersecurity awareness and education program, as authorized under section 401
of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7451).
(4) WORK ROLES.—The term ‘‘ work roles’’ means a specialized set of tasks and functions requiring specific knowledge,
skills, and abilities.
SEC. 303. NATIONAL CYBERSECURITY WORKFORCE MEASUREMENT
INITIATIVE.

(a) IN GENERAL.—The head of each Federal agency shall—
(1) identify all positions within the agency that require
the performance of cybersecurity or other cyber-related functions; and
(2) assign the corresponding employment code under the
National Initiative for Cybersecurity Education in accordance
with subsection (b).
(b) EMPLOYMENT CODES.—
(1) PROCEDURES.—
(A) CODING STRUCTURE.—Not later than 180 days after
the date of the enactment of this Act, the Director, in
coordination with the National Institute of Standards and
Technology, shall develop a coding structure under the
National Initiative for Cybersecurity Education.

H. R. 2029—735
(B) IDENTIFICATION OF CIVILIAN CYBER PERSONNEL.—
Not later than 9 months after the date of enactment of
this Act, the Director, in coordination with the Secretary
of Homeland Security, the Director of the National Institute
of Standards and Technology, and the Director of National
Intelligence, shall establish procedures to implement the
National Initiative for Cybersecurity Education coding
structure to identify all Federal civilian positions that
require the performance of information technology, cybersecurity, or other cyber-related functions.
(C) IDENTIFICATION OF NONCIVILIAN CYBER PERSONNEL.—Not later than 18 months after the date of enactment of this Act, the Secretary of Defense shall establish
procedures to implement the National Initiative for Cybersecurity Education’s coding structure to identify all Federal
noncivilian positions that require the performance of
information technology, cybersecurity, or other cyberrelated functions.
(D) BASELINE ASSESSMENT OF EXISTING CYBERSECURITY
WORKFORCE.—Not later than 3 months after the date on
which the procedures are developed under subparagraphs
(B) and (C), respectively, the head of each Federal agency
shall submit to the appropriate congressional committees
of jurisdiction a report that identifies—
(i) the percentage of personnel with information
technology, cybersecurity, or other cyber-related job
functions who currently hold the appropriate industryrecognized certifications as identified under the
National Initiative for Cybersecurity Education;
(ii) the level of preparedness of other civilian and
noncivilian cyber personnel without existing credentials to take certification exams; and
(iii) a strategy for mitigating any gaps identified
in clause (i) or (ii) with the appropriate training and
certification for existing personnel.
(E) PROCEDURES FOR ASSIGNING CODES.—Not later than
3 months after the date on which the procedures are developed under subparagraphs (B) and (C), respectively, the
head of each Federal agency shall establish procedures—
(i) to identify all encumbered and vacant positions
with information technology, cybersecurity, or other
cyber-related functions (as defined in the National Initiative for Cybersecurity Education’s coding structure);
and
(ii) to assign the appropriate employment code to
each such position, using agreed standards and definitions.
(2) CODE ASSIGNMENTS.—Not later than 1 year after the
date after the procedures are established under paragraph
(1)(E), the head of each Federal agency shall complete assignment of the appropriate employment code to each position
within the agency with information technology, cybersecurity,
or other cyber-related functions.
(c) PROGRESS REPORT.—Not later than 180 days after the date
of enactment of this Act, the Director shall submit a progress
report on the implementation of this section to the appropriate
congressional committees.

H. R. 2029—736
SEC. 304. IDENTIFICATION OF CYBER-RELATED WORK ROLES OF CRITICAL NEED.

(a) IN GENERAL.—Beginning not later than 1 year after the
date on which the employment codes are assigned to employees
pursuant to section 303(b)(2), and annually thereafter through 2022,
the head of each Federal agency, in consultation with the Director,
the Director of the National Institute of Standards and Technology,
and the Secretary of Homeland Security, shall—
(1) identify information technology, cybersecurity, or other
cyber-related work roles of critical need in the agency’s
workforce; and
(2) submit a report to the Director that—
(A) describes the information technology, cybersecurity,
or other cyber-related roles identified under paragraph (1);
and
(B) substantiates the critical need designations.
(b) GUIDANCE.—The Director shall provide Federal agencies
with timely guidance for identifying information technology, cybersecurity, or other cyber-related roles of critical need, including—
(1) current information technology, cybersecurity, and other
cyber-related roles with acute skill shortages; and
(2) information technology, cybersecurity, or other cyberrelated roles with emerging skill shortages.
(c) CYBERSECURITY NEEDS REPORT.—Not later than 2 years
after the date of the enactment of this Act, the Director, in consultation with the Secretary of Homeland Security, shall—
(1) identify critical needs for information technology, cybersecurity, or other cyber-related workforce across all Federal
agencies; and
(2) submit a progress report on the implementation of
this section to the appropriate congressional committees.
SEC. 305. GOVERNMENT ACCOUNTABILITY OFFICE STATUS REPORTS.

The Comptroller General of the United States shall—
(1) analyze and monitor the implementation of sections
303 and 304; and
(2) not later than 3 years after the date of the enactment
of this Act, submit a report to the appropriate congressional
committees that describes the status of such implementation.

TITLE IV—OTHER CYBER MATTERS
SEC. 401. STUDY ON MOBILE DEVICE SECURITY.

(a) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Director of the National Institute of Standards
and Technology, shall—
(1) complete a study on threats relating to the security
of the mobile devices of the Federal Government; and
(2) submit an unclassified report to Congress, with a classified annex if necessary, that contains the findings of such
study, the recommendations developed under paragraph (3)
of subsection (b), the deficiencies, if any, identified under (4)
of such subsection, and the plan developed under paragraph
(5) of such subsection.

H. R. 2029—737
(b) MATTERS STUDIED.—In carrying out the study under subsection (a)(1), the Secretary, in consultation with the Director of
the National Institute of Standards and Technology, shall—
(1) assess the evolution of mobile security techniques from
a desktop-centric approach, and whether such techniques are
adequate to meet current mobile security challenges;
(2) assess the effect such threats may have on the cybersecurity of the information systems and networks of the Federal
Government (except for national security systems or the
information systems and networks of the Department of
Defense and the intelligence community);
(3) develop recommendations for addressing such threats
based on industry standards and best practices;
(4) identify any deficiencies in the current authorities of
the Secretary that may inhibit the ability of the Secretary
to address mobile device security throughout the Federal
Government (except for national security systems and the
information systems and networks of the Department of
Defense and intelligence community); and
(5) develop a plan for accelerated adoption of secure mobile
device technology by the Department of Homeland Security.
(c) INTELLIGENCE COMMUNITY DEFINED.—In this section, the
term ‘‘intelligence community’’ has the meaning given such term
in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
SEC. 402. DEPARTMENT OF STATE INTERNATIONAL CYBERSPACE
POLICY STRATEGY.

(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall produce
a comprehensive strategy relating to United States international
policy with regard to cyberspace.
(b) ELEMENTS.—The strategy required by subsection (a) shall
include the following:
(1) A review of actions and activities undertaken by the
Secretary of State to date to support the goal of the President’s
International Strategy for Cyberspace, released in May 2011,
to ‘‘work internationally to promote an open, interoperable,
secure, and reliable information and communications infrastructure that supports international trade and commerce,
strengthens international security, and fosters free expression
and innovation.’’.
(2) A plan of action to guide the diplomacy of the Secretary
of State, with regard to foreign countries, including conducting
bilateral and multilateral activities to develop the norms of
responsible international behavior in cyberspace, and status
review of existing discussions in multilateral fora to obtain
agreements on international norms in cyberspace.
(3) A review of the alternative concepts with regard to
international norms in cyberspace offered by foreign countries
that are prominent actors, including China, Russia, Brazil,
and India.
(4) A detailed description of threats to United States
national security in cyberspace from foreign countries, statesponsored actors, and private actors to Federal and private
sector infrastructure of the United States, intellectual property
in the United States, and the privacy of citizens of the United
States.

H. R. 2029—738
(5) A review of policy tools available to the President to
deter foreign countries, state-sponsored actors, and private
actors, including those outlined in Executive Order 13694,
released on April 1, 2015.
(6) A review of resources required by the Secretary,
including the Office of the Coordinator for Cyber Issues, to
conduct activities to build responsible norms of international
cyber behavior.
(c) CONSULTATION.—In preparing the strategy required by subsection (a), the Secretary of State shall consult, as appropriate,
with other agencies and departments of the United States and
the private sector and nongovernmental organizations in the United
States with recognized credentials and expertise in foreign policy,
national security, and cybersecurity.
(d) FORM OF STRATEGY.—The strategy required by subsection
(a) shall be in unclassified form, but may include a classified annex.
(e) AVAILABILITY OF INFORMATION.—The Secretary of State
shall—
(1) make the strategy required in subsection (a) available
the public; and
(2) brief the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of Representatives on the strategy, including any material contained
in a classified annex.
SEC. 403. APPREHENSION AND PROSECUTION OF INTERNATIONAL
CYBER CRIMINALS.

(a) INTERNATIONAL CYBER CRIMINAL DEFINED.—In this section,
the term ‘‘international cyber criminal’’ means an individual—
(1) who is believed to have committed a cybercrime or
intellectual property crime against the interests of the United
States or the citizens of the United States; and
(2) for whom—
(A) an arrest warrant has been issued by a judge
in the United States; or
(B) an international wanted notice (commonly referred
to as a ‘‘Red Notice’’) has been circulated by Interpol.
(b) CONSULTATIONS FOR NONCOOPERATION.—The Secretary of
State, or designee, shall consult with the appropriate government
official of each country from which extradition is not likely due
to the lack of an extradition treaty with the United States or
other reasons, in which one or more international cyber criminals
are physically present, to determine what actions the government
of such country has taken—
(1) to apprehend and prosecute such criminals; and
(2) to prevent such criminals from carrying out cybercrimes
or intellectual property crimes against the interests of the
United States or its citizens.
(c) ANNUAL REPORT.—
(1) IN GENERAL.—The Secretary of State shall submit to
the appropriate congressional committees an annual report that
includes—
(A) the number of international cyber criminals located
in other countries, disaggregated by country, and indicating
from which countries extradition is not likely due to the
lack of an extradition treaty with the United States or
other reasons;

H. R. 2029—739
(B) the nature and number of significant discussions
by an official of the Department of State on ways to thwart
or prosecute international cyber criminals with an official
of another country, including the name of each such
country; and
(C) for each international cyber criminal who was
extradited to the United States during the most recently
completed calendar year—
(i) his or her name;
(ii) the crimes for which he or she was charged;
(iii) his or her previous country of residence; and
(iv) the country from which he or she was extradited into the United States.
(2) FORM.—The report required by this subsection shall
be in unclassified form to the maximum extent possible, but
may include a classified annex.
(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—For purposes of this subsection, the term ‘‘appropriate congressional
committees’’ means—
(A) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Homeland
Security and Governmental Affairs, the Committee on
Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on the Judiciary
of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, the Committee on Homeland Security,
the Committee on Financial Services, the Permanent Select
Committee on Intelligence, and the Committee on the
Judiciary of the House of Representatives.
SEC. 404. ENHANCEMENT OF EMERGENCY SERVICES.

(a) COLLECTION OF DATA.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of Homeland
Security, acting through the center established under section 227
of the Homeland Security Act of 2002, as redesignated by section
223(a)(3) of this division, in coordination with appropriate Federal
entities and the Director for Emergency Communications, shall
establish a process by which a Statewide Interoperability Coordinator may report data on any cybersecurity risk or incident
involving any information system or network used by emergency
response providers (as defined in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101)) within the State.
(b) ANALYSIS OF DATA.—Not later than 1 year after the date
of the enactment of this Act, the Secretary of Homeland Security,
acting through the Director of the National Cybersecurity and
Communications Integration Center, in coordination with appropriate entities and the Director for Emergency Communications,
and in consultation with the Secretary of Commerce, acting through
the Director of the National Institute of Standards and Technology,
shall conduct integration and analysis of the data reported under
subsection (a) to develop information and recommendations on security and resilience measures for any information system or network
used by State emergency response providers.
(c) BEST PRACTICES.—
(1) IN GENERAL.—Using the results of the integration and
analysis conducted under subsection (b), and any other relevant

H. R. 2029—740
information, the Director of the National Institute of Standards
and Technology shall, on an ongoing basis, facilitate and support the development of methods for reducing cybersecurity
risks to emergency response providers using the process
described in section 2(e) of the National Institute of Standards
and Technology Act (15 U.S.C. 272(e)).
(2) REPORT.—The Director of the National Institute of
Standards and Technology shall submit to Congress a report
on the result of the activities of the Director under paragraph
(1), including any methods developed by the Director under
such paragraph, and shall make such report publicly available
on the website of the National Institute of Standards and
Technology.
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to—
(1) require a State to report data under subsection (a);
or
(2) require a non-Federal entity (as defined in section 102)
to—
(A) adopt a recommended measure developed under
subsection (b); or
(B) follow the result of the activities carried out under
subsection (c), including any methods developed under such
subsection.
SEC.

405.

IMPROVING
INDUSTRY.

CYBERSECURITY

IN

THE

HEALTH

CARE

(a) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Health, Education, Labor, and
Pensions, the Committee on Homeland Security and
Governmental Affairs, and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Energy and Commerce, the Committee on Homeland Security, and the Permanent Select
Committee on Intelligence of the House of Representatives.
(2) BUSINESS ASSOCIATE.—The term ‘‘business associate’’
has the meaning given such term in section 160.103 of title
45, Code of Federal Regulations (as in effect on the day before
the date of the enactment of this Act).
(3) COVERED ENTITY.—The term ‘‘covered entity’’ has the
meaning given such term in section 160.103 of title 45, Code
of Federal Regulations (as in effect on the day before the
date of the enactment of this Act).
(4) CYBERSECURITY THREAT; CYBER THREAT INDICATOR;
DEFENSIVE MEASURE; FEDERAL ENTITY; NON-FEDERAL ENTITY;
PRIVATE ENTITY.—The terms ‘‘cybersecurity threat’’, ‘‘cyber
threat indicator’’, ‘‘defensive measure’’, ‘‘Federal entity’’, ‘‘nonFederal entity’’, and ‘‘private entity’’ have the meanings given
such terms in section 102 of this division.
(5) HEALTH CARE CLEARINGHOUSE; HEALTH CARE PROVIDER;
HEALTH PLAN.—The terms ‘‘health care clearinghouse’’, ‘‘health
care provider’’, and ‘‘health plan’’ have the meanings given
such terms in section 160.103 of title 45, Code of Federal
Regulations (as in effect on the day before the date of the
enactment of this Act).

H. R. 2029—741
(6) HEALTH CARE INDUSTRY STAKEHOLDER.—The term
‘‘health care industry stakeholder’’ means any—
(A) health plan, health care clearinghouse, or health
care provider;
(B) advocate for patients or consumers;
(C) pharmacist;
(D) developer or vendor of health information technology;
(E) laboratory;
(F) pharmaceutical or medical device manufacturer;
or
(G) additional stakeholder the Secretary determines
necessary for purposes of subsection (b)(1), (c)(1), (c)(3),
or (d)(1).
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Health and Human Services.
(b) REPORT.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the
House of Representatives a report on the preparedness of the
Department of Health and Human Services and health care
industry stakeholders in responding to cybersecurity threats.
(2) CONTENTS OF REPORT.—With respect to the internal
response of the Department of Health and Human Services
to emerging cybersecurity threats, the report under paragraph
(1) shall include—
(A) a clear statement of the official within the Department of Health and Human Services to be responsible
for leading and coordinating efforts of the Department
regarding cybersecurity threats in the health care industry;
and
(B) a plan from each relevant operating division and
subdivision of the Department of Health and Human Services on how such division or subdivision will address cybersecurity threats in the health care industry, including a
clear delineation of how each such division or subdivision
will divide responsibility among the personnel of such division or subdivision and communicate with other such divisions and subdivisions regarding efforts to address such
threats.
(c) HEALTH CARE INDUSTRY CYBERSECURITY TASK FORCE.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Secretary, in consultation
with the Director of the National Institute of Standards and
Technology and the Secretary of Homeland Security, shall convene health care industry stakeholders, cybersecurity experts,
and any Federal agencies or entities the Secretary determines
appropriate to establish a task force to—
(A) analyze how industries, other than the health care
industry, have implemented strategies and safeguards for
addressing cybersecurity threats within their respective
industries;
(B) analyze challenges and barriers private entities
(excluding any State, tribal, or local government) in the

H. R. 2029—742
health care industry face securing themselves against cyber
attacks;
(C) review challenges that covered entities and business associates face in securing networked medical devices
and other software or systems that connect to an electronic
health record;
(D) provide the Secretary with information to disseminate to health care industry stakeholders of all sizes for
purposes of improving their preparedness for, and response
to, cybersecurity threats affecting the health care industry;
(E) establish a plan for implementing 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; and
(F) report to the appropriate congressional committees
on the findings and recommendations of the task force
regarding carrying out subparagraphs (A) through (E).
(2) TERMINATION.—The task force established under this
subsection shall terminate on the date that is 1 year after
the date on which such task force is established.
(3) DISSEMINATION.—Not later than 60 days after the termination of the task force established under this subsection, the
Secretary shall disseminate the information described in paragraph (1)(D) to health care industry stakeholders in accordance
with such paragraph.
(d) ALIGNING HEALTH CARE INDUSTRY SECURITY APPROACHES.—
(1) IN GENERAL.—The Secretary shall establish, through
a collaborative process with the Secretary of Homeland Security, health care industry stakeholders, the Director of the
National Institute of Standards and Technology, and any Federal entity or non-Federal entity the Secretary determines
appropriate, a common set of voluntary, consensus-based, and
industry-led guidelines, best practices, methodologies, procedures, and processes that—
(A) serve as a resource for cost-effectively reducing
cybersecurity risks for a range of health care organizations;
(B) support voluntary adoption and implementation
efforts to improve safeguards to address cybersecurity
threats;
(C) are consistent with—
(i) the standards, guidelines, best practices, methodologies, procedures, and processes developed under
section 2(c)(15) of the National Institute of Standards
and Technology Act (15 U.S.C. 272(c)(15));
(ii) the security and privacy regulations promulgated under section 264(c) of the Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C.
1320d–2 note); and
(iii) the provisions of the Health Information Technology for Economic and Clinical Health Act (title XIII
of division A, and title IV of division B, of Public
Law 111–5), and the amendments made by such Act;
and
(D) are updated on a regular basis and applicable
to a range of health care organizations.
(2) LIMITATION.—Nothing in this subsection shall be interpreted as granting the Secretary authority to—

H. R. 2029—743
(A) provide for audits to ensure that health care
organizations are in compliance with this subsection; or
(B) mandate, direct, or condition the award of any
Federal grant, contract, or purchase, on compliance with
this subsection.
(3) NO LIABILITY FOR NONPARTICIPATION.—Nothing in this
section shall be construed to subject a health care industry
stakeholder to liability for choosing not to engage in the voluntary activities authorized or guidelines developed under this
subsection.
(e) INCORPORATING ONGOING ACTIVITIES.—In carrying out the
activities under this section, the Secretary may incorporate activities that are ongoing as of the day before the date of enactment
of this Act and that are consistent with the objectives of this
section.
(f) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to limit the antitrust exemption under section 104(e)
or the protection from liability under section 106.
SEC. 406. FEDERAL COMPUTER SECURITY.

(a) DEFINITIONS.—In this section:
(1) COVERED SYSTEM.—The term ‘‘covered system’’ shall
mean a national security system as defined in section 11103
of title 40, United States Code, or a Federal computer system
that provides access to personally identifiable information.
(2) COVERED AGENCY.—The term ‘‘covered agency’’ means
an agency that operates a covered system.
(3) LOGICAL ACCESS CONTROL.—The term ‘‘logical access
control’’ means a process of granting or denying specific
requests to obtain and use information and related information
processing services.
(4) MULTI-FACTOR AUTHENTICATION.—The term ‘‘multifactor authentication’’ means the use of not fewer than 2
authentication factors, such as the following:
(A) Something that is known to the user, such as
a password or personal identification number.
(B) An access device that is provided to the user,
such as a cryptographic identification device or token.
(C) A unique biometric characteristic of the user.
(5) PRIVILEGED USER.—The term ‘‘privileged user’’ means
a user who has access to system control, monitoring, or administrative functions.
(b) INSPECTOR GENERAL REPORTS ON COVERED SYSTEMS.—
(1) IN GENERAL.—Not later than 240 days after the date
of enactment of this Act, the Inspector General of each covered
agency shall submit to the appropriate committees of jurisdiction in the Senate and the House of Representatives a report,
which shall include information collected from the covered
agency for the contents described in paragraph (2) regarding
the Federal computer systems of the covered agency.
(2) CONTENTS.—The report submitted by each Inspector
General of a covered agency under paragraph (1) shall include,
with respect to the covered agency, the following:
(A) A description of the logical access policies and
practices used by the covered agency to access a covered
system, including whether appropriate standards were followed.

H. R. 2029—744
(B) A description and list of the logical access controls
and multi-factor authentication used by the covered agency
to govern access to covered systems by privileged users.
(C) If the covered agency does not use logical access
controls or multi-factor authentication to access a covered
system, a description of the reasons for not using such
logical access controls or multi-factor authentication.
(D) A description of the following information security
management practices used by the covered agency
regarding covered systems:
(i) The policies and procedures followed to conduct
inventories of the software present on the covered systems of the covered agency and the licenses associated
with such software.
(ii) What capabilities the covered agency utilizes
to monitor and detect exfiltration and other threats,
including—
(I) data loss prevention capabilities;
(II) forensics and visibility capabilities; or
(III) digital rights management capabilities.
(iii) A description of how the covered agency is
using the capabilities described in clause (ii).
(iv) If the covered agency is not utilizing capabilities described in clause (ii), a description of the reasons
for not utilizing such capabilities.
(E) A description of the policies and procedures of
the covered agency with respect to ensuring that entities,
including contractors, that provide services to the covered
agency are implementing the information security management practices described in subparagraph (D).
(3) EXISTING REVIEW.—The reports required under this subsection may be based in whole or in part on an audit, evaluation, or report relating to programs or practices of the covered
agency, and may be submitted as part of another report,
including the report required under section 3555 of title 44,
United States Code.
(4) CLASSIFIED INFORMATION.—Reports submitted under
this subsection shall be in unclassified form, but may include
a classified annex.
SEC. 407. STOPPING THE FRAUDULENT SALE OF FINANCIAL INFORMATION OF PEOPLE OF THE UNITED STATES.

Section 1029(h) of title 18, United States Code, is amended
by striking ‘‘title if—’’ and all that follows through ‘‘therefrom.’’
and inserting ‘‘title if the offense involves 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 State, the District of Columbia,
or other territory of the United States.’’.

H. R. 2029—745

DIVISION O—OTHER MATTERS
SEC. 1. TABLE OF CONTENTS.

The table of contents for this division is as follows:
Sec. 1. Table of contents.
TITLE I—OIL EXPORTS, SAFETY VALVE, AND MARITIME SECURITY
Sec. 101. Oil Exports, Safety Valve, and Maritime Security.
TITLE II—TERRORIST TRAVEL PREVENTION AND VISA WAIVER PROGRAM
REFORM
Sec. 201. Short title.
Sec. 202. Electronic passport requirement.
Sec. 203. Restriction on use of visa waiver program for aliens who travel to certain
countries.
Sec. 204. Designation requirements for program countries.
Sec. 205. Reporting requirements.
Sec. 206. High risk program countries.
Sec. 207. Enhancements to the electronic system for travel authorization.
Sec. 208. Provision of assistance to non-program countries.
Sec. 209. Clerical amendments.
Sec. 210. Sense of Congress.
TITLE III—JAMES ZADROGA 9/11 HEALTH AND COMPENSATION
REAUTHORIZATION ACT
Sec. 301. Short title.
Sec. 302. Reauthorizing the World Trade Center Health Program.

Sec.
Sec.
Sec.
Sec.
Sec.

TITLE IV—JAMES ZADROGA 9/11 VICTIM COMPENSATION FUND
REAUTHORIZATION
401. Short title.
402. Reauthorizing the September 11th Victim Compensation Fund of 2001.
403. Amendment to exempt programs.
404. Compensation for United States Victims of State Sponsored Terrorism
Act.
405. Budgetary provisions.

TITLE V—MEDICARE AND MEDICAID PROVISIONS
Sec. 501. Medicare Improvement Fund.
Sec. 502. Medicare payment incentive for the transition from traditional x-ray imaging to digital radiography and other Medicare imaging payment provision.
Sec. 503. Limiting Federal Medicaid reimbursement to States for durable medical
equipment (DME) to Medicare payment rates.
Sec. 504. Treatment of disposable devices.
TITLE VI—PUERTO RICO
Sec. 601. Modification of Medicare inpatient hospital payment rate for Puerto Rico
hospitals.
Sec. 602. Application of Medicare HITECH payments to hospitals in Puerto Rico.
TITLE VII—FINANCIAL SERVICES
Sec. 701. Table of contents.
Sec. 702. Limitations on sale of preferred stock.
Sec. 703. Confidentiality of information shared between State and Federal financial
services regulators.
Sec. 704. Application of FACA.
Sec. 705. Treatment of affiliate transactions.
Sec. 706. Ensuring the protection of insurance policyholders.
Sec. 707. Limitation on SEC funds.
Sec. 708. Elimination of reporting requirement.
Sec. 709. Extension of Hardest Hit Fund; Termination of Home Affordable Modification Program.
TITLE VIII—LAND AND WATER CONSERVATION FUND
Sec. 801. Land and Water Conservation Fund.

H. R. 2029—746
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

901.
902.
903.
904.
905.
906.
907.
908.

TITLE IX—NATIONAL OCEANS AND COASTAL SECURITY
Short title.
Definitions.
Purposes and agreements.
National Oceans and Coastal Security Fund.
Eligible uses.
Grants.
Annual report.
Funding.

TITLE X—BUDGETARY PROVISIONS
Sec. 1001. Budgetary effects.
Sec. 1002. Authority to make adjustment in FY 2016 allocation.
Sec. 1003. Estimates.
TITLE XI—IRAQ LOAN AUTHORITY
Sec. 1101. Iraq loan authority.

TITLE I—OIL EXPORTS, SAFETY VALVE,
AND MARITIME SECURITY
SEC. 101. OIL EXPORTS, SAFETY VALVE, AND MARITIME SECURITY.

(a) REPEAL.—Section 103 of the Energy Policy and Conservation
Act (42 U.S.C. 6212) and the item relating thereto in the table
of contents of that Act are repealed.
(b) NATIONAL POLICY ON OIL EXPORT RESTRICTION.—Notwithstanding any other provision of law, except as provided in subsections (c) and (d), to promote the efficient exploration, production,
storage, supply, marketing, pricing, and regulation of energy
resources, including fossil fuels, no official of the Federal Government shall impose or enforce any restriction on the export of crude
oil.
(c) SAVINGS CLAUSE.—Nothing in this section limits the
authority of the President under the Constitution, the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or regulations issued under that Act (other than section 754.2 of title 15,
Code of Federal Regulations), the National Emergencies Act (50
U.S.C. 1601 et seq.), part B of title II of the Energy Policy and
Conservation Act (42 U.S.C. 6271 et seq.), the Trading With the
Enemy Act (50 U.S.C. App. 1 et seq.), or any other provision
of law that imposes sanctions on a foreign person or foreign government (including any provision of law that prohibits or restricts
United States persons from engaging in a transaction with a sanctioned person or government), including a foreign government that
is designated as a state sponsor of terrorism, to prohibit exports.
(d) EXCEPTIONS AND PRESIDENTIAL AUTHORITY.—
(1) IN GENERAL.—The President may impose export
licensing requirements or other restrictions on the export of
crude oil from the United States for a period of not more
than 1 year, if—
(A) the President declares a national emergency and
formally notices the declaration of a national emergency
in the Federal Register;
(B) the export licensing requirements or other restrictions on the export of crude oil from the United States
under this subsection apply to 1 or more countries, persons,
or organizations in the context of sanctions or trade restrictions imposed by the United States for reasons of national

H. R. 2029—747
security by the Executive authority of the President or
by Congress; or
(C) the Secretary of Commerce, in consultation with
the Secretary of Energy, finds and reports to the President
that—
(i) the export of crude oil pursuant to this Act
has caused sustained material oil supply shortages
or sustained oil prices significantly above world market
levels that are directly attributable to the export of
crude oil produced in the United States; and
(ii) those supply shortages or price increases have
caused or are likely to cause sustained material
adverse employment effects in the United States.
(2) RENEWAL.—Any requirement or restriction imposed
pursuant to subparagraph (A) of paragraph (1) may be renewed
for 1 or more additional periods of not more than 1 year
each.
(e) NATIONAL DEFENSE SEALIFT ENHANCEMENT.—
(1) PAYMENTS.—Section 53106(a)(1) of title 46, United
States Code, is amended—
(A) in subparagraph (B), by striking the comma before
‘‘for each’’;
(B) in subparagraph (C), by striking ‘‘2015, 2016, 2017,
and 2018;’’ and inserting ‘‘and 2015;’’;
(C) by redesignating subparagraph (E) as subparagraph (G); and
(D) by striking subparagraph (D) and inserting the
following:
‘‘(D) $4,999,950 for fiscal year 2017;
‘‘(E) $5,000,000 for each of fiscal years 2018, 2019,
and 2020;
‘‘(F) $5,233,463 for fiscal year 2021; and’’.
(2) AUTHORIZATION OF APPROPRIATIONS.—Section 53111 of
title 46, United States Code, is amended—
(A) in paragraph (3), by striking ‘‘2015, 2017, and
2018;’’ and inserting ‘‘and 2015’’;
(B) by redesignating paragraph (5) as paragraph (7);
and
(C) by striking paragraph (4) and inserting the following:
‘‘(4) $299,997,000 for fiscal year 2017;
‘‘(5) $300,000,000 for each of fiscal years 2018, 2019, and
2020;
‘‘(6) $314,007,780 for fiscal year 2021; and’’.

TITLE II—TERRORIST TRAVEL PREVENTION AND VISA WAIVER PROGRAM
REFORM
SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015’’.

H. R. 2029—748
SEC. 202. ELECTRONIC PASSPORT REQUIREMENT.

(a) REQUIREMENT FOR
PORT.—Section 217(a)(3) of

ALIEN TO POSSESS ELECTRONIC PASSthe Immigration and Nationality Act
(8 U.S.C. 1187(a)(3)) is amended to read as follows:
‘‘(3) PASSPORT REQUIREMENTS.—The alien, at the time of
application for admission, is in possession of a valid unexpired
passport that satisfies the following:
‘‘(A) MACHINE READABLE.—The passport is a machinereadable passport that is tamper-resistant, incorporates
document authentication identifiers, and otherwise satisfies
the internationally accepted standard for machine readability.
‘‘(B) ELECTRONIC.—Beginning on April 1, 2016, the
passport is an electronic passport that is fraud-resistant,
contains relevant biographic and biometric information (as
determined by the Secretary of Homeland Security), and
otherwise satisfies internationally accepted standards for
electronic passports.’’.
(b) REQUIREMENT FOR PROGRAM COUNTRY TO VALIDATE PASSPORTS.—Section 217(c)(2)(B) of the Immigration and Nationality
Act (8 U.S.C. 1187(c)(2)(B)) is amended to read as follows:
‘‘(B) PASSPORT PROGRAM.—
‘‘(i) ISSUANCE OF PASSPORTS.—The government of
the country certifies that it issues to its citizens passports described in subparagraph (A) of subsection
(a)(3), and on or after April 1, 2016, passports described
in subparagraph (B) of subsection (a)(3).
‘‘(ii) VALIDATION OF PASSPORTS.—Not later than
October 1, 2016, the government of the country certifies
that it has in place mechanisms to validate passports
described in subparagraphs (A) and (B) of subsection
(a)(3) at each key port of entry into that country.
This requirement shall not apply to travel between
countries which fall within the Schengen Zone.’’.
(c) CONFORMING AMENDMENT.—Section 303(c) of the Enhanced
Border Security and Visa Entry Reform Act of 2002 is repealed
(8 U.S.C. 1732(c)).
SEC. 203. RESTRICTION ON USE OF VISA WAIVER PROGRAM FOR
ALIENS WHO TRAVEL TO CERTAIN COUNTRIES.

Section 217(a) of the Immigration and Nationality Act (8 U.S.C.
1187(a)), as amended by this Act, is further amended by adding
at the end the following:
‘‘(12) NOT PRESENT IN IRAQ, SYRIA, OR ANY OTHER COUNTRY
OR AREA OF CONCERN.—
‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C)—
‘‘(i) the alien has not been present, at any time
on or after March 1, 2011—
‘‘(I) in Iraq or Syria;
‘‘(II) in a country that is designated by the
Secretary of State under section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. 2405) (as
continued in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.)), section 40 of the Arms Export Control Act
(22 U.S.C. 2780), section 620A of the Foreign

H. R. 2029—749
Assistance Act of 1961 (22 U.S.C. 2371), or any
other provision of law, as a country, the government of which has repeatedly provided support
of acts of international terrorism; or
‘‘(III) in any other country or area of concern
designated by the Secretary of Homeland Security
under subparagraph (D); and
‘‘(ii) regardless of whether the alien is a national
of a program country, the alien is not a national of—
‘‘(I) Iraq or Syria;
‘‘(II) a country that is designated, at the time
the alien applies for admission, by the Secretary
of State under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 2405) (as continued
in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), section
40 of the Arms Export Control Act (22 U.S.C.
2780), section 620A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371), or any other provision
of law, as a country, the government of which
has repeatedly provided support of acts of international terrorism; or
‘‘(III) any other country that is designated,
at the time the alien applies for admission, by
the Secretary of Homeland Security under
subparagraph (D).
‘‘(B) CERTAIN MILITARY PERSONNEL AND GOVERNMENT
EMPLOYEES.—Subparagraph (A)(i) shall not apply in the
case of an alien if the Secretary of Homeland Security
determines that the alien was present—
‘‘(i) in order to perform military service in the
armed forces of a program country; or
‘‘(ii) in order to carry out official duties as a full
time employee of the government of a program country.
‘‘(C) WAIVER.—The Secretary of Homeland Security
may waive the application of subparagraph (A) to an alien
if the Secretary determines that such a waiver is in the
law enforcement or national security interests of the United
States.
‘‘(D) COUNTRIES OR AREAS OF CONCERN.—
‘‘(i) IN GENERAL.—Not later than 60 days after
the date of the enactment of this paragraph, the Secretary of Homeland Security, in consultation with the
Secretary of State and the Director of National Intelligence, shall determine whether the requirement
under subparagraph (A) shall apply to any other
country or area.
‘‘(ii) CRITERIA.—In making a determination under
clause (i), the Secretary shall consider—
‘‘(I) whether the presence of an alien in the
country or area increases the likelihood that the
alien is a credible threat to the national security
of the United States;
‘‘(II) whether a foreign terrorist organization
has a significant presence in the country or area;
and

H. R. 2029—750
‘‘(III) whether the country or area is a safe
haven for terrorists.
‘‘(iii) ANNUAL REVIEW.—The Secretary shall conduct a review, on an annual basis, of any determination
made under clause (i).
‘‘(E) REPORT.—Beginning not later than one year after
the date of the enactment of this paragraph, and annually
thereafter, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security, the Committee
on Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on the Judiciary of the
House of Representatives, and the Committee on Homeland
Security and Governmental Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and
the Committee on the Judiciary of the Senate a report
on each instance in which the Secretary exercised the
waiver authority under subparagraph (C) during the previous year.’’.
SEC. 204. DESIGNATION REQUIREMENTS FOR PROGRAM COUNTRIES.

(a) REPORTING LOST AND STOLEN PASSPORTS.—Section
217(c)(2)(D) of the Immigration and Nationality Act (8 U.S.C.
1187(c)(2)(D)), as amended by this Act, is further amended by
striking ‘‘within a strict time limit’’ and inserting ‘‘not later than
24 hours after becoming aware of the theft or loss’’.
(b) INTERPOL SCREENING.—Section 217(c)(2) of the Immigration
and Nationality Act (8 U.S.C. 1187(c)(2)), as amended by this Act,
is further amended by adding at the end the following:
‘‘(G) INTERPOL SCREENING.—Not later than 270 days
after the date of the enactment of this subparagraph, except
in the case of a country in which there is not an international airport, the government of the country certifies
to the Secretary of Homeland Security that, to the maximum extent allowed under the laws of the country, it
is screening, for unlawful activity, each person who is not
a citizen or national of that country who is admitted to
or departs that country, by using relevant databases and
notices maintained by Interpol, or other means designated
by the Secretary of Homeland Security. This requirement
shall not apply to travel between countries which fall
within the Schengen Zone.’’.
(c) IMPLEMENTATION OF PASSENGER INFORMATION EXCHANGE
AGREEMENT.—Section 217(c)(2)(F) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(F)), as amended by this Act, is further
amended by inserting before the period at the end the following:
‘‘, and fully implements such agreement’’.
(d) TERMINATION OF DESIGNATION.—Section 217(f) of the
Immigration and Nationality Act (8 U.S.C. 1187(f)) is amended
by adding at the end the following:
‘‘(6) FAILURE TO SHARE INFORMATION.—
‘‘(A) IN GENERAL.—If the Secretary of Homeland Security and the Secretary of State jointly determine that the
program country is not sharing information, as required
by subsection (c)(2)(F), the Secretary of Homeland Security
shall terminate the designation of the country as a program
country.

H. R. 2029—751
‘‘(B) REDESIGNATION.—In the case of a termination
under this paragraph, the Secretary of Homeland Security
shall redesignate the country as a program country, without
regard to paragraph (2) or (3) of subsection (c) or paragraphs (1) through (4), when the Secretary of Homeland
Security, in consultation with the Secretary of State, determines that the country is sharing information, as required
by subsection (c)(2)(F).
‘‘(7) FAILURE TO SCREEN.—
‘‘(A) IN GENERAL.—Beginning on the date that is 270
days after the date of the enactment of this paragraph,
if the Secretary of Homeland Security and the Secretary
of State jointly determine that the program country is
not conducting the screening required by subsection
(c)(2)(G), the Secretary of Homeland Security shall terminate the designation of the country as a program country.
‘‘(B) REDESIGNATION.—In the case of a termination
under this paragraph, the Secretary of Homeland Security
shall redesignate the country as a program country, without
regard to paragraph (2) or (3) of subsection (c) or paragraphs (1) through (4), when the Secretary of Homeland
Security, in consultation with the Secretary of State, determines that the country is conducting the screening required
by subsection (c)(2)(G).’’.
SEC. 205. REPORTING REQUIREMENTS.

(a) IN GENERAL.—Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)), as amended by this Act, is further
amended—
(1) in paragraph (2)(C)(iii)—
(A) by striking ‘‘and the Committee on International
Relations’’ and inserting ‘‘, the Committee on Foreign
Affairs, and the Committee on Homeland Security’’; and
(B) by striking ‘‘and the Committee on Foreign Relations’’ and inserting ‘‘, the Committee on Foreign Relations,
and the Committee on Homeland Security and Governmental Affairs’’; and
(2) in paragraph (5)(A)(i)—
(A) in subclause (III)—
(i) by inserting after ‘‘the Committee on Foreign
Affairs,’’ the following: ‘‘the Permanent Select Committee on Intelligence,’’;
(ii) by inserting after ‘‘the Committee on Foreign
Relations,’’ the following: ‘‘the Select Committee on
Intelligence’’; and
(iii) by striking ‘‘and’’ at the end;
(B) in subclause (IV), by striking the period at the
end and inserting the following: ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(V) shall submit to the committees described
in subclause (III), a report that includes an assessment of the threat to the national security of the
United States of the designation of each country
designated as a program country, including the
compliance of the government of each such country
with the requirements under subparagraphs (D)
and (F) of paragraph (2), as well as each such

H. R. 2029—752
government’s capacity to comply with such requirements.’’.
(b) DATE OF SUBMISSION OF FIRST REPORT.—The Secretary
of Homeland Security shall submit the first report described in
subclause (V) of section 217(c)(5)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. (c)(5)(A)(i)), as added by subsection (a),
not later than 90 days after the date of the enactment of this
Act.
SEC. 206. HIGH RISK PROGRAM COUNTRIES.

Section 217(c) of the Immigration and Nationality Act (8 U.S.C.
1187(c)), as amended by this Act, is further amended by adding
at the end the following:
‘‘(12) DESIGNATION OF HIGH RISK PROGRAM COUNTRIES.—
‘‘(A) IN GENERAL.—The Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall evaluate program
countries on an annual basis based on the criteria described
in subparagraph (B) and shall identify any program
country, the admission of nationals from which under the
visa waiver program under this section, the Secretary
determines presents a high risk to the national security
of the United States.
‘‘(B) CRITERIA.—In evaluating program countries under
subparagraph (A), the Secretary of Homeland Security,
in consultation with the Director of National Intelligence
and the Secretary of State, shall consider the following
criteria:
‘‘(i) The number of nationals of the country determined to be ineligible to travel to the United States
under the program during the previous year.
‘‘(ii) The number of nationals of the country who
were identified in United States Government databases
related to the identities of known or suspected terrorists during the previous year.
‘‘(iii) The estimated number of nationals of the
country who have traveled to Iraq or Syria at any
time on or after March 1, 2011 to engage in terrorism.
‘‘(iv) The capacity of the country to combat passport
fraud.
‘‘(v) The level of cooperation of the country with
the counter-terrorism efforts of the United States.
‘‘(vi) The adequacy of the border and immigration
control of the country.
‘‘(vii) Any other criteria the Secretary of Homeland
Security determines to be appropriate.
‘‘(C) SUSPENSION OF DESIGNATION.—The Secretary of
Homeland Security, in consultation with the Secretary of
State, may suspend the designation of a program country
based on a determination that the country presents a high
risk to the national security of the United States under
subparagraph (A) until such time as the Secretary determines that the country no longer presents such a risk.
‘‘(D) REPORT.—Not later than 60 days after the date
of the enactment of this paragraph, and annually thereafter, the Secretary of Homeland Security, in consultation
with the Director of National Intelligence and the Secretary

H. R. 2029—753
of State, shall submit to the Committee on Homeland Security, the Committee on Foreign Affairs, the Permanent
Select Committee on Intelligence, and the Committee on
the Judiciary of the House of Representatives, and the
Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations, the Select
Committee on Intelligence, and the Committee on the
Judiciary of the Senate a report, which includes an evaluation and threat assessment of each country determined
to present a high risk to the national security of the United
States under subparagraph (A).’’.
SEC. 207. ENHANCEMENTS TO THE ELECTRONIC SYSTEM FOR TRAVEL
AUTHORIZATION.

(a) IN GENERAL.—Section 217(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1187(h)(3)) is amended—
(1) in subparagraph (C)(i), by inserting after ‘‘any such
determination’’ the following: ‘‘or shorten the period of eligibility
under any such determination’’;
(2) by striking subparagraph (D) and inserting the following:
‘‘(D) FRAUD DETECTION.—The Secretary of Homeland
Security shall research opportunities to incorporate into
the System technology that will detect and prevent fraud
and deception in the System.
‘‘(E) ADDITIONAL AND PREVIOUS COUNTRIES OF CITIZENSHIP.—The Secretary of Homeland Security shall collect
from an applicant for admission pursuant to this section
information on any additional or previous countries of citizenship of that applicant. The Secretary shall take any
information so collected into account when making determinations as to the eligibility of the alien for admission
pursuant to this section.
‘‘(F) REPORT ON CERTAIN LIMITATIONS ON TRAVEL.—
Not later than 30 days after the date of the enactment
of this subparagraph and annually thereafter, the Secretary
of Homeland Security, in consultation with the Secretary
of State, shall submit to the Committee on Homeland Security, the Committee on the Judiciary, and the Committee
on Foreign Affairs of the House of Representatives, and
the Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, and the Committee
on Foreign Relations of the Senate a report on the number
of individuals who were denied eligibility to travel under
the program, or whose eligibility for such travel was
revoked during the previous year, and the number of such
individuals determined, in accordance with subsection
(a)(6), to represent a threat to the national security of
the United States, and shall include the country or countries of citizenship of each such individual.’’.
(b) REPORT.—Not later than 30 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of State, shall submit to the Committee on Homeland Security, the Committee on the Judiciary,
and the Committee on Foreign Affairs of the House of Representatives, and the Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, and the Committee on

H. R. 2029—754
Foreign Relations of the Senate a report on steps to strengthen
the electronic system for travel authorization authorized under
section 217(h)(3) of the Immigration and Nationality Act (8 U.S.C.
1187(h)(3))) in order to better secure the international borders of
the United States and prevent terrorists and instruments of terrorism from entering the United States.
SEC. 208. PROVISION OF ASSISTANCE TO NON-PROGRAM COUNTRIES.

The Secretary of Homeland Security, in consultation with the
Secretary of State, shall provide assistance in a risk-based manner
to countries that do not participate in the visa waiver program
under section 217 of the Immigration and Nationality Act (8 U.S.C.
1187) to assist those countries in—
(1) submitting to Interpol information about the theft or
loss of passports of citizens or nationals of such a country;
and
(2) issuing, and validating at the ports of entry of such
a country, electronic passports that are fraud-resistant, contain
relevant biographic and biometric information (as determined
by the Secretary of Homeland Security), and otherwise satisfy
internationally accepted standards for electronic passports.
SEC. 209. CLERICAL AMENDMENTS.

(a) SECRETARY OF HOMELAND SECURITY.—Section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), as amended by
this Act, is further amended by striking ‘‘Attorney General’’ each
place such term appears (except in subsection (c)(11)(B)) and
inserting ‘‘Secretary of Homeland Security’’.
(b) ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION.—Section
217 of the Immigration and Nationality Act (8 U.S.C. 1187), as
amended this Act, is further amended—
(1) by striking ‘‘electronic travel authorization system’’ each
place it appears and inserting ‘‘electronic system for travel
authorization’’;
(2) in the heading in subsection (a)(11), by striking ‘‘ELECTRONIC TRAVEL AUTHORIZATION SYSTEM’’ and inserting ‘‘ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION’’; and
(3) in the heading in subsection (h)(3), by striking ‘‘ELECTRONIC TRAVEL AUTHORIZATION SYSTEM’’ and inserting ‘‘ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION’’.
SEC. 210. SENSE OF CONGRESS.

It is the sense of Congress that the International Civil Aviation
Organization, the specialized agency of the United Nations responsible for establishing international standards, specifications, and
best practices related to the administration and governance of
border controls and inspection formalities, should establish standards for the introduction of electronic passports (referred to in
this section as ‘‘e-passports’’), and obligate member countries to
utilize such e-passports as soon as possible. Such e-passports should
be a combined paper and electronic passport that contains biographic and biometric information that can be used to authenticate
the identity of travelers through an embedded chip.

H. R. 2029—755

TITLE
III—JAMES
ZADROGA
9/11
HEALTH AND COMPENSATION REAUTHORIZATION ACT
SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘James Zadroga 9/11 Health
and Compensation Reauthorization Act’’.
SEC. 302. REAUTHORIZING THE WORLD TRADE CENTER HEALTH PROGRAM.

(a) WORLD TRADE CENTER HEALTH PROGRAM FUND.—Section
3351 of the Public Health Service Act (42 U.S.C. 300mm–61) is
amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘each of fiscal years 2012’’ and all that follows
through ‘‘2011)’’ and inserting ‘‘fiscal year 2016 and
each subsequent fiscal year through fiscal year 2090’’;
and
(ii) by striking subparagraph (A) and inserting
the following:
‘‘(A) the Federal share, consisting of an amount equal
to—
‘‘(i) for fiscal year 2016, $330,000,000;
‘‘(ii) for fiscal year 2017, $345,610,000;
‘‘(iii) for fiscal year 2018, $380,000,000;
‘‘(iv) for fiscal year 2019, $440,000,000;
‘‘(v) for fiscal year 2020, $485,000,000;
‘‘(vi) for fiscal year 2021, $501,000,000;
‘‘(vii) for fiscal year 2022, $518,000,000;
‘‘(viii) for fiscal year 2023, $535,000,000;
‘‘(ix) for fiscal year 2024, $552,000,000;
‘‘(x) for fiscal year 2025, $570,000,000; and
‘‘(xi) for each subsequent fiscal year through fiscal
year 2090, the amount specified under this subparagraph for the previous fiscal year increased by the
percentage increase in the consumer price index for
all urban consumers (all items; United States city average) as estimated by the Secretary for the 12-month
period ending with March of the previous year; plus’’;
and
(B) by striking paragraph (4) and inserting the following:
‘‘(4) AMOUNTS FROM PRIOR FISCAL YEARS.—Amounts that
were deposited, or identified for deposit, into the Fund for
any fiscal year under paragraph (2), as such paragraph was
in effect on the day before the date of enactment of the James
Zadroga 9/11 Health and Compensation Reauthorization Act,
that were not expended in carrying out this title for any such
fiscal year, shall remain deposited, or be deposited, as the
case may be, into the Fund.
‘‘(5) AMOUNTS TO REMAIN AVAILABLE UNTIL EXPENDED.—
Amounts deposited into the Fund under this subsection,
including amounts deposited under paragraph (2) as in effect

H. R. 2029—756
on the day before the date of enactment of the James Zadroga
9/11 Health and Compensation Reauthorization Act, for a fiscal
year shall remain available, for the purposes described in this
title, until expended for such fiscal year and any subsequent
fiscal year through fiscal year 2090.’’;
(2) in subsection (b)(1), by striking ‘‘sections 3302(a)’’ and
all that follows through ‘‘3342’’ and inserting ‘‘sections 3301(e),
3301(f), 3302(a), 3302(b), 3303, 3304, 3305(a)(1), 3305(a)(2),
3305(c), 3341, and 3342’’; and
(3) in subsection (c)—
(A) in paragraph (1)—
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph (B); and
(iii) by amending subparagraph (A) to read as follows:
‘‘(A) for fiscal year 2016, the amount determined for
such fiscal year under subparagraph (C) as in effect on
the day before the date of enactment of the James Zadroga
9/11 Health and Compensation Reauthorization Act; and’’;
(B) in paragraph (2)—
(i) by amending subparagraph (A) to read as follows:
‘‘(A) for fiscal year 2016, $200,000;’’;
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as subparagraph (B);
(C) in paragraph (3), by striking ‘‘section 3303’’ and
all that follows and inserting ‘‘section 3303, for fiscal year
2016 and each subsequent fiscal year, $750,000.’’;
(D) in paragraph (4), by striking subparagraphs (A)
and (B) and inserting the following:
‘‘(A) for fiscal year 2016, the amount determined for
such fiscal year under subparagraph (C) as in effect on
the day before the date of enactment of the James Zadroga
9/11 Health and Compensation Reauthorization Act;
‘‘(B) for fiscal year 2017, $15,000,000; and’’;
(E) in paragraph (5)—
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph (B); and
(iii) by amending subparagraph (A) to read as follows:
‘‘(A) for fiscal year 2016, the amount determined for
such fiscal year under subparagraph (C) as in effect on
the day before the date of enactment of the James Zadroga
9/11 Health and Compensation Reauthorization Act; and’’;
and
(F) in paragraph (6)—
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph (B); and
(iii) by amending subparagraph (A) to read as follows:
‘‘(A) for fiscal year 2016, the amount determined for
such fiscal year under subparagraph (C) as in effect on

H. R. 2029—757
the day before the date of enactment of the James Zadroga
9/11 Health and Compensation Reauthorization Act; and’’.
(b) GAO STUDIES; REGULATIONS; TERMINATION.—Section 3301
of the Public Health Service Act (42 U.S.C. 300mm) is amended
by adding at the end the following:
‘‘(i) GAO STUDIES.—
‘‘(1) REPORT.—Not later than 18 months after the date
of the enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act, the Comptroller General of the
United States shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate a
report that assesses, with respect to the WTC Program, the
effectiveness of each of the following:
‘‘(A) The quality assurance program developed and
implemented under subsection (e).
‘‘(B) The procedures for providing certifications of coverage of conditions as WTC-related health conditions for
enrolled WTC responders under section 3312(b)(2)(B)(iii)
and for screening-eligible WTC survivors and certifiedeligible WTC survivors under such section as applied under
section 3322(a).
‘‘(C) Any action under the WTC Program to ensure
appropriate payment (including the avoidance of improper
payments), including determining the extent to which
individuals enrolled in the WTC Program are eligible for
workers compensation or sources of health coverage,
ascertaining the liability of such compensation or sources
of health coverage, and making recommendations for
ensuring effective and efficient coordination of benefits for
individuals enrolled in the WTC Program that does not
place an undue burden on such individuals.
‘‘(2) SUBSEQUENT ASSESSMENTS.—Not later than 6 years
and 6 months after the date of enactment of the James Zadroga
9/11 Health and Compensation Reauthorization Act, and every
5 years thereafter through fiscal year 2042, the Comptroller
General of the United States shall—
‘‘(A) consult the Committee on Energy and Commerce
of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate on
the objectives in assessing the WTC Program; and
‘‘(B) prepare and submit to such Committees a report
that assesses the WTC Program for the applicable reporting
period, including the objectives described in subparagraph
(A).
‘‘(j) REGULATIONS.—The WTC Program Administrator is authorized to promulgate such regulations as the Administrator determines necessary to administer this title.
‘‘(k) TERMINATION.—The WTC Program shall terminate on
October 1, 2090.’’.
(c) CLINICAL CENTERS OF EXCELLENCE AND DATA CENTERS.—
Section 3305 of the Public Health Service Act (42 U.S.C. 300mm–
4) is amended—
(1) in subsection (a)—
(A) in paragraph (1)(B), by inserting ‘‘and retention’’
after ‘‘outreach’’; and

H. R. 2029—758
(B) in paragraph (2)(A)(iii), by inserting ‘‘and retention’’
after ‘‘outreach’’; and
(2) in subsection (b)(1)(B)(vi), by striking ‘‘section 3304(c)’’
and inserting ‘‘section 3304(d)’’.
(d)
WORLD
TRADE
CENTER
RESPONDERS.—Section
3311(a)(4)(B)(i)(II) of the Public Health Service Act (42 U.S.C.
300mm–21(a)(4)(B)(i)(II)) is amended by striking ‘‘through the end
of fiscal year 2020’’.
(e) ADDITIONS TO LIST OF HEALTH CONDITIONS FOR WTC
RESPONDERS.—
(1) EXPANDING TIME FOR ACTIONS BY ADMINISTRATOR AND
BY ADVISORY COMMITTEE.—Section 3312(a)(6) of the Public
Health Service Act (42 U.S.C. 300mm–22(a)(6)) is amended—
(A) in subparagraph (B), in the matter preceding clause
(i), by striking ‘‘60 days’’ and inserting ‘‘90 days’’; and
(B) in subparagraph (C), by striking ‘‘60 days’’ each
place such term appears and inserting ‘‘90 days’’.
(2) PEER REVIEW FOR DECISIONS; ENHANCED ROLE OF
ADVISORY COMMITTEE.—Section 3312(a)(6) of the Public Health
Service Act (42 U.S.C. 300mm–22(a)(6)), as amended by paragraph (1), is further amended by adding at the end the following:
‘‘(F) INDEPENDENT PEER REVIEWS.—Prior to issuing a
final rule to add a health condition to the list in paragraph
(3), the WTC Program Administrator shall provide for an
independent peer review of the scientific and technical
evidence that would be the basis for issuing such final
rule.
‘‘(G) ADDITIONAL ADVISORY COMMITTEE RECOMMENDATIONS.—
‘‘(i) PROGRAM POLICIES.—
‘‘(I) EXISTING POLICIES.—Not later than 1 year
after the date of enactment of the James Zadroga
9/11 Health and Compensation Reauthorization
Act, the WTC Program Administrator shall request
the Advisory Committee to review and evaluate
the policies and procedures, in effect at the time
of the review and evaluation, that are used to
determine whether sufficient evidence exists to
support adding a health condition to the list in
paragraph (3).
‘‘(II) SUBSEQUENT POLICIES.—Prior to establishing any substantive new policy or procedure
used to make the determination described in subclause (I) or prior to making any substantive
amendment to any policy or procedure described
in such subclause, the WTC Program Administrator shall request the Advisory Committee to
review and evaluate such substantive policy, procedure, or amendment.
‘‘(ii) IDENTIFICATION OF INDIVIDUALS CONDUCTING
INDEPENDENT PEER REVIEWS.—Not later than 1 year
after the date of enactment of the James Zadroga
9/11 Health and Compensation Reauthorization Act
and not less than every 2 years thereafter, the WTC
Program Administrator shall seek recommendations

H. R. 2029—759
from the Advisory Committee regarding the identification of individuals to conduct the independent peer
reviews under subparagraph (F).’’.
(f)
WORLD
TRADE
CENTER
SURVIVORS.—Section
3321(a)(3)(B)(i)(II) of the Public Health Service Act (42 U.S.C.
300mm–31(a)(3)(B)(i)(II)) is amended by striking ‘‘through the end
of fiscal year 2020’’.
(g) PAYMENT OF CLAIMS.—Section 3331(d)(1)(B) of the Public
Health Service Act (42 U.S.C. 300mm–41(d)(1)(B)) is amended—
(1) by striking ‘‘the last calendar quarter’’ and all that
follows through ‘‘2015’’ and inserting ‘‘each calendar quarter
of fiscal year 2016 and of each subsequent fiscal year through
fiscal year 2090,’’; and
(2) by striking ‘‘and with respect to calendar quarters in
fiscal year 2016’’ and all that follows and inserting a period.
(h) WORLD TRADE CENTER HEALTH REGISTRY.—Section 3342
of the Public Health Service Act (42 U.S.C. 300mm–52) is amended
by striking ‘‘April 20, 2009’’ and inserting ‘‘January 1, 2015’’.

TITLE IV—JAMES ZADROGA 9/11 VICTIM
COMPENSATION FUND REAUTHORIZATION
SEC. 401. SHORT TITLE.

This title may be cited as the ‘‘James Zadroga 9/11 Victim
Compensation Fund Reauthorization Act’’.
SEC. 402. REAUTHORIZING THE SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001.

(a) DEFINITIONS.—Section 402 of the Air Transportation Safety
and System Stabilization Act (49 U.S.C. 40101 note) is amended—
(1) in paragraph (9)—
(A) by striking ‘‘medical expense loss,’’; and
(B) by striking ‘‘and loss of business or employment
opportunities’’ and inserting ‘‘loss of business or employment opportunities, and past out-of-pocket medical expense
loss but not future medical expense loss’’;
(2) by redesignating paragraph (14) as paragraph (16);
(3) by inserting after paragraph (13), the following:
‘‘(14) WTC PROGRAM ADMINISTRATOR.—The term ‘WTC Program Administrator’ has the meaning given such term in section 3306 of the Public Health Service Act (42 U.S.C. 300mm–
5).
‘‘(15) WTC-RELATED PHYSICAL HEALTH CONDITION.—The
term ‘WTC-related physical health condition’—
‘‘(A) means, subject to subparagraph (B), a WTCrelated health condition as defined by section 3312(a) of
the Public Health Service Act (42 U.S.C. 300mm–22(a)),
including the conditions listed in section 3322(b) of such
Act (42 U.S.C. 300mm–32(b)); and
‘‘(B) does not include—
‘‘(i) a mental health condition described in paragraph (1)(A)(ii) or (3)(B) of section 3312(a) of such
Act (42 U.S.C. 300mm–22(a));

H. R. 2029—760
‘‘(ii) any mental health condition certified under
section 3312(b)(2)(B)(iii) of such Act (42 U.S.C. 300mm–
22(b)(2)(B)(iii)) (including such certification as applied
under section 3322(a) of such Act (42 U.S.C. 300mm–
32(a));
‘‘(iii) a mental health condition described in section
3322(b)(2) of such Act (42 U.S.C. 300mm–32(b)(2)); or
‘‘(iv) any other mental health condition.’’; and
(4) in paragraph (16), as redesignated by paragraph (2),
by striking subparagraph (C) and inserting the following:
‘‘(C) the area in Manhattan that is south of the line
that runs along Canal Street from the Hudson River to
the intersection of Canal Street and East Broadway, north
on East Broadway to Clinton Street, and east on Clinton
Street to the East River;’’.
(b) PURPOSE.—Section 403 of the Air Transportation Safety
and System Stabilization Act (49 U.S.C. 40101 note) is amended—
(1) by inserting ‘‘full’’ before ‘‘compensation’’; and
(2) by inserting ‘‘, or the rescue and recovery efforts during
the immediate aftermath of such crashes’’ before the period.
(c) ELIGIBILITY REQUIREMENTS FOR FILING CLAIMS.—Section
405 of the Air Transportation Safety and System Stabilization Act
(49 U.S.C. 40101 note) is amended—
(1) in subsection (a)(3)—
(A) by striking subparagraph (B) and inserting the
following:
‘‘(B) EXCEPTION.—A claim may be filed under paragraph (1), in accordance with subsection (c)(3)(A)(i), by
an individual (or by a personal representative on behalf
of a deceased individual) during the period beginning on
the date on which the regulations are updated under section 407(b)(1) and ending on the date that is 5 years
after the date of enactment of the James Zadroga 9/11
Victim Compensation Fund Reauthorization Act.
‘‘(C) SPECIAL MASTER DETERMINATION.—
‘‘(i) IN GENERAL.—For claims filed under this title
during the period described in subparagraph (B), the
Special Master shall establish a system for determining
whether, for purposes of this title, the claim is—
‘‘(I) a claim in Group A, as described in clause
(ii); or
‘‘(II) a claim in Group B, as described in clause
(iii).
‘‘(ii) GROUP A CLAIMS.—A claim under this title
is a claim in Group A if—
‘‘(I) the claim is filed under this title during
the period described in subparagraph (B); and
‘‘(II) on or before the day before the date of
enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special
Master postmarks and transmits a final award
determination to the claimant filing such claim.
‘‘(iii) GROUP B CLAIMS.—A claim under this title
is a claim in Group B if the claim—
‘‘(I) is filed under this title during the period
described in subparagraph (B); and
‘‘(II) is not a claim described in clause (ii).

H. R. 2029—761
‘‘(iv) DEFINITION OF FINAL AWARD DETERMINApurposes of this subparagraph, the term
‘final award determination’ means a letter from the
Special Master indicating the total amount of compensation to which a claimant is entitled for a claim
under this title without regard to the limitation under
the second sentence of section 406(d)(1), as such section
was in effect on the day before the date of enactment
of the James Zadroga 9/11 Victim Compensation Fund
Reauthorization Act.’’;
(2) in subsection (b)—
(A) in paragraph (1)(B)(ii), by inserting ‘‘subject to
paragraph (7),’’ before ‘‘the amount’’;
(B) in paragraph (6)—
(i) by striking ‘‘The Special Master’’ and inserting
the following:
‘‘(A) IN GENERAL.—The Special Master’’; and
(ii) by adding at the end the following:
‘‘(B) GROUP B CLAIMS.—Notwithstanding any other
provision of this title, in the case of a claim in Group
B as described in subsection (a)(3)(C)(iii), a claimant filing
such claim shall receive an amount of compensation under
this title for such claim that is not greater than the amount
determined under paragraph (1)(B)(ii) less the amount of
any collateral source compensation that such claimant has
received or is entitled to receive for such claim as a result
of the terrorist-related aircraft crashes of September 11,
2001.’’; and
(C) by adding at the end the following:
‘‘(7) LIMITATIONS FOR GROUP B CLAIMS.—
‘‘(A) NONECONOMIC LOSSES.—With respect to a claim
in Group B as described in subsection (a)(3)(C)(iii), the
total amount of compensation to which a claimant filing
such claim is entitled to receive for such claim under this
title on account of any noneconomic loss—
‘‘(i) that results from any type of cancer shall not
exceed $250,000; and
‘‘(ii) that does not result from any type of cancer
shall not exceed $90,000.
‘‘(B) DETERMINATION OF ECONOMIC LOSS.—
‘‘(i) IN GENERAL.—Subject to the limitation
described in clause (ii) and with respect to a claim
in Group B as described in subsection (a)(3)(C)(iii),
the Special Master shall, for purposes of calculating
the amount of compensation to which a claimant is
entitled under this title for such claim on account
of any economic loss, determine the loss of earnings
or other benefits related to employment by using the
applicable methodology described in section 104.43 or
104.45 of title 28, Code of Federal Regulations, as
such Code was in effect on the day before the date
of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act.
‘‘(ii) ANNUAL GROSS INCOME LIMITATION.—In considering annual gross income under clause (i) for the
purposes described in such clause, the Special Master
shall, for each year of any loss of earnings or other
TION.—For

H. R. 2029—762
benefits related to employment, limit the annual gross
income of the claimant (or decedent in the case of
a personal representative) for each such year to an
amount that is not greater than $200,000.
‘‘(C) GROSS INCOME DEFINED.—For purposes of this
paragraph, the term ‘gross income’ has the meaning given
such term in section 61 of the Internal Revenue Code
of 1986.’’; and
(3) in subsection (c)(3)—
(A) in subparagraph (A)—
(i) in clause (ii), in the matter preceding subclause
(I), by striking ‘‘An individual’’ and inserting ‘‘Except
with respect to claims in Group B as described in
subsection (a)(3)(C)(iii), an individual’’;
(ii) in clause (iii), by striking ‘‘section 407(a)’’ and
inserting ‘‘section 407(b)(1)’’; and
(iii) by adding at the end the following:
‘‘(iv) GROUP B CLAIMS.—
‘‘(I) IN GENERAL.—Subject to subclause (II),
an individual filing a claim in Group B as described
in subsection (a)(3)(C)(iii) may be eligible for compensation under this title only if the Special
Master, with assistance from the WTC Program
Administrator as necessary, determines based on
the evidence presented that the individual has a
WTC-related physical health condition, as defined
by section 402 of this Act.
‘‘(II) PERSONAL REPRESENTATIVES.—An individual filing a claim in Group B, as described
in subsection (a)(3)(C)(iii), who is a personal representative described in paragraph (2)(C) may be
eligible for compensation under this title only if
the Special Master, with assistance from the WTC
Program Administrator as necessary, determines
based on the evidence presented that the
applicable decedent suffered from a condition that
was, or would have been determined to be, a WTCrelated physical health condition, as defined by
section 402 of this Act.’’; and
(B) in subparagraph (C)(ii)(II), by striking ‘‘section
407(b)’’ and inserting ‘‘section 407(b)(1)’’.
(d) PAYMENTS TO ELIGIBLE INDIVIDUALS.—Section 406 of the
Air Transportation Safety and System Stabilization Act (49 U.S.C.
40101 note) is amended—
(1) in subsection (b), by striking ‘‘This title’’ and inserting
‘‘For the purpose of providing compensation for claims in Group
A as described in section 405(a)(3)(C)(ii), this title’’; and
(2) by amending subsection (d) to read as follows:
‘‘(d) LIMITATIONS.—
‘‘(1) GROUP A CLAIMS.—
‘‘(A) IN GENERAL.—The total amount of Federal funds
paid for compensation under this title, with respect to
claims in Group A as described in section 405(a)(3)(C)(ii),
shall not exceed $2,775,000,000.
‘‘(B) REMAINDER OF CLAIM AMOUNTS.—In the case of
a claim in Group A as described in section 405(a)(3)(C)(ii)
and for which the Special Master has ratably reduced

H. R. 2029—763
the amount of compensation for such claim pursuant to
paragraph (2) of this subsection, as this subsection was
in effect on the day before the date of enactment of the
James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special Master shall, as soon as practicable
after the date of enactment of such Act, authorize payment
of the amount of compensation that is equal to the difference between—
‘‘(i) the amount of compensation that the claimant
would have been paid under this title for such claim
without regard to the limitation under the second sentence of paragraph (1) of this subsection, as this subsection was in effect on the day before the date of
enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act; and
‘‘(ii) the amount of compensation the claimant was
paid under this title for such claim prior to the date
of enactment of such Act.
‘‘(2) GROUP B CLAIMS.—
‘‘(A) IN GENERAL.—The total amount of Federal funds
paid for compensation under this title, with respect to
claims in Group B as described in section 405(a)(3)(C)(iii),
shall not exceed the amount of funds deposited into the
Victims Compensation Fund under section 410.
‘‘(B) PAYMENT SYSTEM.—The Special Master shall
establish a system for providing compensation for claims
in Group B as described in section 405(a)(3)(C)(iii) in
accordance with this subsection and section 405(b)(7).
‘‘(C) DEVELOPMENT OF AGENCY POLICIES AND PROCEDURES.—
‘‘(i) DEVELOPMENT.—
‘‘(I) IN GENERAL.—Not later than 30 days after
the date of enactment of the James Zadroga
9/11 Victim Compensation Fund Reauthorization
Act, the Special Master shall develop agency policies and procedures that meet the requirements
under subclauses (II) and (III) for providing compensation for claims in Group B as described in
section 405(a)(3)(C)(iii), including policies and
procedures for presumptive award schedules,
administrative expenses, and related internal
memoranda.
‘‘(II) LIMITATION.—The policies and procedures
developed under subclause (I) shall ensure that
total expenditures, including administrative
expenses, in providing compensation for claims in
Group B, as described in section 405(a)(3)(C)(iii),
do not exceed the amount of funds deposited into
the Victims Compensation Fund under section 410.
‘‘(III) PRIORITIZATION.—The policies and procedures developed under subclause (I) shall prioritize
claims for claimants who are determined by the
Special Master as suffering from the most debilitating physical conditions to ensure, for purposes
of equity, that such claimants are not unduly burdened by such policies or procedures.

H. R. 2029—764
‘‘(ii) REASSESSMENT.—Beginning 1 year after the
date of enactment of the James Zadroga 9/11 Victim
Compensation Fund Reauthorization Act, and each
year thereafter until the Victims Compensation Fund
is permanently closed under section 410(e), the Special
Master shall conduct a reassessment of the agency
policies and procedures developed under clause (i) to
ensure that such policies and procedures continue to
satisfy the requirements under subclauses (II) and (III)
of such clause. If the Special Master determines, upon
reassessment, that such agency policies or procedures
do not achieve the requirements of such subclauses,
the Special Master shall take additional actions or
make such modifications as necessary to achieve such
requirements.’’.
(e) REGULATIONS.—Section 407(b) of the Air Transportation
Safety and System Stabilization Act (49 U.S.C. 40101 note) is
amended—
(1) by striking ‘‘Not later than’’ and inserting the following:
‘‘(1) JAMES ZADROGA 9/11 HEALTH AND COMPENSATION ACT
OF 2010.—Not later than’’; and
(2) by adding at the end the following:
‘‘(2) JAMES ZADROGA 9/11 VICTIM COMPENSATION FUND
REAUTHORIZATION ACT.—Not later than 180 days after the date
of enactment of the James Zadroga 9/11 Victim Compensation
Fund Reauthorization Act, the Special Master shall update
the regulations promulgated under subsection (a), and updated
under paragraph (1), to the extent necessary to comply with
the amendments made by such Act.’’.
(f) VICTIMS COMPENSATION FUND.—Title IV of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note)
is amended by adding at the end the following:
‘‘SEC. 410. VICTIMS COMPENSATION FUND.

‘‘(a) IN GENERAL.—There is established in the Treasury of the
United States a fund to be known as the ‘Victims Compensation
Fund’, consisting of amounts deposited into such fund under subsection (b).
‘‘(b) DEPOSITS INTO FUND.—There shall be deposited into the
Victims Compensation Fund each of the following:
‘‘(1) Effective on the day after the date on which all claimants who file a claim in Group A, as described in section
405(a)(3)(C)(ii), have received the full compensation due such
claimants under this title for such claim, any amounts
remaining from the total amount made available under section
406 to compensate claims in Group A as described in section
405(a)(3)(C)(ii).
‘‘(2) The amount appropriated under subsection (c).
‘‘(c) APPROPRIATIONS.—There is appropriated, out of any money
in the Treasury not otherwise appropriated, $4,600,000,000 for fiscal
year 2017, to remain available until expended, to provide compensation for claims in Group B as described in section 405(a)(3)(C)(iii).
‘‘(d) AVAILABILITY OF FUNDS.—Amounts deposited into the Victims Compensation Fund shall be available, without further appropriation, to the Special Master to provide compensation for claims
in Group B as described in section 405(a)(3)(C)(iii).

H. R. 2029—765
‘‘(e) TERMINATION.—Upon completion of all payments under
this title, the Victims Compensation Fund shall be permanently
closed.’’.
(g) 9-11 RESPONSE AND BIOMETRIC ENTRY-EXIT FEE.—Title IV
of the Air Transportation Safety and System Stabilization Act (49
U.S.C. 40101 note), as amended by subsection (f), is further
amended by adding at the end the following:
‘‘SEC. 411. 9-11 RESPONSE AND BIOMETRIC ENTRY-EXIT FEE.

‘‘(a) TEMPORARY L-1 VISA FEE INCREASE.—Notwithstanding section 281 of the Immigration and Nationality Act (8 U.S.C. 1351)
or any other provision of law, during the period beginning on
the date of the enactment of this section and ending on September
30, 2025, the combined filing fee and fraud prevention and detection
fee required to be submitted with an application for admission
as a nonimmigrant under section 101(a)(15)(L) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(L)), including an application for an extension of such status, shall be increased by $4,500
for applicants that employ 50 or more employees in the United
States if more than 50 percent of the applicant’s employees are
nonimmigrants admitted pursuant to subparagraph (H)(i)(b) or (L)
of section 101(a)(15) of such Act.
‘‘(b) TEMPORARY H-1B VISA FEE INCREASE.—Notwithstanding
section 281 of the Immigration and Nationality Act (8 U.S.C. 1351)
or any other provision of law, during the period beginning on
the date of the enactment of this section and ending on September
30, 2025, the combined filing fee and fraud prevention and detection
fee required to be submitted with an application for admission
as a nonimmigrant under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)), including
an application for an extension of such status, shall be increased
by $4,000 for applicants that employ 50 or more employees in
the United States if more than 50 percent of the applicant’s
employees are such nonimmigrants or nonimmigrants described
in section 101(a)(15)(L) of such Act.
‘‘(c) 9-11 RESPONSE AND BIOMETRIC EXIT ACCOUNT.—
‘‘(1) ESTABLISHMENT.—There is established in the general
fund of the Treasury a separate account, which shall be known
as the ‘9–11 Response and Biometric Exit Account’.
‘‘(2) DEPOSITS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), of the
amounts collected pursuant to the fee increases authorized
under subsections (a) and (b)—
‘‘(i) 50 percent shall be deposited in the general
fund of the Treasury; and
‘‘(ii) 50 percent shall be deposited as offsetting
receipts into the 9–11 Response and Biometric Exit
Account, and shall remain available until expended.
‘‘(B) TERMINATION OF DEPOSITS IN ACCOUNT.—After a
total of $1,000,000,000 is deposited into the 9–11 Response
and Biometric Exit Account under subparagraph (A)(ii),
all amounts collected pursuant to the fee increases authorized under subsections (a) and (b) shall be deposited in
the general fund of the Treasury.
‘‘(3) USE OF FUNDS.—For fiscal year 2017, and each fiscal
year thereafter, amounts in the 9–11 Response and Biometric
Exit Account shall be available to the Secretary of Homeland

H. R. 2029—766
Security without further appropriation for implementing the
biometric entry and exit data system described in section 7208
of the Intelligence Reform and Terrorism Prevention Act of
2004 (8 U.S.C. 1365b).’’.
(h) ADMINISTRATIVE COSTS.—Section 1347 of the Full-Year Continuing Appropriations Act, 2011 (49 U.S.C. 40101 note) is
amended—
(1) by inserting ‘‘and (2)’’ after ‘‘(d)(1)’’; and
(2) by adding at the end the following: ‘‘Costs for payments
for compensation for claims in Group A, as described in section
405(a)(3)(C)(ii) of such Act, shall be paid from amounts made
available under section 406 of such Act. Costs for payments
for compensation for claims in Group B, as described in section
405(a)(3)(C)(iii) of such Act, shall be paid from amounts in
the Victims Compensation Fund established under section 410
of such Act.’’.
SEC. 403. AMENDMENT TO EXEMPT PROGRAMS.

(a) IN GENERAL.—Section 255(g)(1)(B) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B))
is amended by—
(1) inserting after the item relating to Retirement Pay
and Medical Benefits for Commissioned Officers, Public Health
Service the following:
‘‘September 11th Victim Compensation Fund (15–0340–0–
1–754).’’;
(2) inserting after the item relating to United States Secret
Service, DC Annuity the following:
‘‘Victims Compensation Fund established under section 410
of the Air Transportation Safety and System Stabilization Act
(49 U.S.C. 40101 note).
‘‘United States Victims of State Sponsored Terrorism
Fund.’’; and
(3) inserting after the item relating to the Voluntary Separation Incentive Fund the following:
‘‘World Trade Center Health Program Fund (75–0946–0–
1–551).’’.
(b) APPLICABILITY.—The amendments made by this section shall
apply to any sequestration order issued under the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.)
on or after the date of enactment of this Act.
SEC. 404. COMPENSATION FOR UNITED STATES VICTIMS OF STATE
SPONSORED TERRORISM ACT.

(a) SHORT TITLE.—This section may be cited as the ‘‘Justice
for United States Victims of State Sponsored Terrorism Act’’.
(b) ADMINISTRATION OF THE UNITED STATES VICTIMS OF STATE
SPONSORED TERRORISM FUND.—
(1) ADMINISTRATION OF THE FUND.—
(A) APPOINTMENT AND TERMS OF SPECIAL MASTER.—
(i) INITIAL APPOINTMENT.—Not later than 60 days
after the date of the enactment of this Act, the Attorney
General shall appoint a Special Master. The initial
term for the Special Master shall be 18 months.
(ii) ADDITIONAL TERMS.—Thereafter, each time
there exists funds in excess of $100,000,000 in the
Fund, the Attorney General shall appoint or reappoint
a Special Master for such period as is appropriate,

H. R. 2029—767
not to exceed 1 year. In addition, if there exists in
the Fund funds that are less than $100,000,000, the
Attorney General may appoint or reappoint a Special
Master each time the Attorney General determines
there are sufficient funds available in the Fund to
compensate eligible claimants, for such period as is
appropriate, not to exceed 1 year.
(iii) SPECIAL MASTER TO ADMINISTER COMPENSATION FROM THE FUND.—The Special Master shall
administer the compensation program described in this
section for United States persons who are victims of
state sponsored terrorism.
(B) ADMINISTRATIVE COSTS AND USE OF DEPARTMENT
OF JUSTICE PERSONNEL.—The Special Master may utilize,
as necessary, no more than 5 full-time equivalent Department of Justice personnel to assist in carrying out the
duties of the Special Master under this section. Any costs
associated with the use of such personnel, and any other
administrative costs of carrying out this section, shall be
paid from the Fund.
(C) COMPENSATION OF SPECIAL MASTER.—The Special
Master shall be compensated from the Fund at a rate
not to exceed the annual rate of basic pay for level IV
of the Executive Schedule, as prescribed by section 5315
of title 5, United States Code.
(2) PUBLICATION OF REGULATIONS AND PROCEDURES.—
(A) IN GENERAL.—Not later than 60 days after the
date of the initial appointment of the Special Master, the
Special Master shall publish in the Federal Register and
on a website maintained by the Department of Justice
a notice specifying the procedures necessary for United
States persons to apply and establish eligibility for payment, including procedures by which eligible United States
persons may apply by and through their attorney. Such
notice is not subject to the requirements of section 553
of title 5, United States Code.
(B) INFORMATION REGARDING OTHER SOURCES OF COMPENSATION.—As part of the procedures for United States
persons to apply and establish eligibility for payment, the
Special Master shall require applicants to provide the Special Master with information regarding compensation from
any source other than this Fund that the claimant (or,
in the case of a personal representative, the victim’s beneficiaries) has received or is entitled or scheduled to receive
as a result of the act of international terrorism that gave
rise to a claimant’s final judgment, including information
identifying the amount, nature, and source of such compensation.
(3) DECISIONS OF THE SPECIAL MASTER.—All decisions made
by the Special Master with regard to compensation from the
Fund shall be—
(A) in writing and provided to the Attorney General,
each claimant and, if applicable, the attorney for each
claimant; and
(B) final and, except as provided in paragraph (4),
not subject to administrative or judicial review.
(4) REVIEW HEARING.—

H. R. 2029—768
(A) Not later than 30 days after receipt of a written
decision by the Special Master, a claimant whose claim
is denied in whole or in part by the Special Master may
request a hearing before the Special Master pursuant to
procedures established by the Special Master.
(B) Not later than 90 days after any such hearing,
the Special Master shall issue a final written decision
affirming or amending the original decision. The written
decision is final and nonreviewable.
(c) ELIGIBLE CLAIMS.—
(1) IN GENERAL.—For the purposes of this section, a claim
is an eligible claim if the Special Master determines that—
(A) the judgment holder, or claimant, is a United States
person;
(B) the claim is described in paragraph (2); and
(C) the requirements of paragraph (3) are met.
(2) CERTAIN CLAIMS.—The claims referred to in paragraph
(1) are claims for—
(A) compensatory damages awarded to a United States
person in a final judgment—
(i) issued by a United States district court under
State or Federal law against a state sponsor of terrorism; and
(ii) arising from acts of international terrorism,
for which the foreign state was determined not to
be immune from the jurisdiction of the courts of the
United States under section 1605A, or section
1605(a)(7) (as such section was in effect on January
27, 2008), of title 28, United States Code;
(B) the sum total of $10,000 per day for each day
that a United States person was taken and held hostage
from the United States embassy in Tehran, Iran, during
the period beginning November 4, 1979, and ending
January 20, 1981, if such person is identified as a member
of the proposed class in case number 1:00-CV-03110 (EGS)
of the United States District Court for the District of
Columbia; or
(C) damages for the spouses and children of the former
hostages described in subparagraph (B), if such spouse
or child is identified as a member of the proposed class
in case number 1:00-CV-03110 (EGS) of the United States
Court for the District of Columbia, in the following
amounts:
(i) For each spouse of a former hostage identified
as a member of the proposed class described in this
subparagraph, a $600,000 lump sum.
(ii) For each child of a former hostage identified
as a member of the proposed class described in this
subparagraph, a $600,000 lump sum.
(3) DEADLINE FOR APPLICATION SUBMISSION.—
(A) IN GENERAL.—The deadline for submitting an
application for a payment under this subsection is as follows:
(i) Not later than 90 days after the date of the
publication required under subsection (b)(2)(A), with
regard to an application based on—

H. R. 2029—769
(I) a final judgment described in paragraph
(2)(A) obtained before that date of publication; or
(II) a claim described in paragraph (2)(B) or
(2)(C).
(ii) Not later than 90 days after the date of
obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication.
(B) GOOD CAUSE.—For good cause shown, the Special
Master may grant a claimant a reasonable extension of
a deadline under this paragraph.
(d) PAYMENTS.—
(1) TO WHOM MADE.—The Special Master shall order payment from the Fund for each eligible claim of a United States
person to that person or, if that person is deceased, to the
personal representative of the estate of that person.
(2) TIMING OF INITIAL PAYMENTS.—The Special Master shall
authorize all initial payments to satisfy eligible claims under
this section not later than 1 year after the date of the enactment
of this Act.
(3) PAYMENTS TO BE MADE PRO RATA.—
(A) IN GENERAL.—
(i) PRO RATA BASIS.—Except as provided in
subparagraph (B) and subject to the limitations
described in clause (ii), the Special Master shall carry
out paragraph (1), by dividing all available funds on
a pro rata basis, based on the amounts outstanding
and unpaid on eligible claims, until all such amounts
have been paid in full.
(ii) LIMITATIONS.—The limitations described in this
clause are as follows:
(I) In the event that a United States person
has an eligible claim that exceeds $20,000,000,
the Special Master shall treat that claim as if
it were for $20,000,000 for purposes of this section.
(II) In the event that a United States person
and the immediate family members of such person,
have claims that if aggregated would exceed
$35,000,000, the Special Master shall, for purposes
of this section, reduce such claims on a pro rata
basis such that in the aggregate such claims do
not exceed $35,000,000.
(III) In the event that a United States person,
or the immediate family member of such person,
has an eligible claim under this section and has
received an award or an award determination
under section 405 of the Air Transportation Safety
and System Stabilization Act (49 U.S.C. 40101
note), the amount of compensation to which such
person, or the immediate family member of such
person, was determined to be entitled under section 405 of the Air Transportation Safety and
System Stabilization Act (49 U.S.C. 40101 note)
shall be considered controlling for the purposes
of this section, notwithstanding any compensatory
damages amounts such person, or immediate
family member of such person, is deemed eligible

H. R. 2029—770
for or entitled to pursuant to a final judgment
described in subsection (c)(2)(A).
(B) MINIMUM PAYMENTS.—
(i) Any applicant with an eligible claim described
in subsection (c)(2) who has received, or is entitled
or scheduled to receive, any payment that is equal
to, or in excess of, 30 percent of the total compensatory
damages owed to such applicant on the applicant’s
claim from any source other than this Fund shall not
receive any payment from the Fund until such time
as all other eligible applicants have received from the
Fund an amount equal to 30 percent of the compensatory damages awarded to those applicants pursuant
to their final judgments or to claims under subsection
(c)(2)(B) or (c)(2)(C). For purposes of calculating the
pro rata amounts for these payments, the Special
Master shall not include the total compensatory damages for applicants excluded from payment by this
subparagraph.
(ii) To the extent that an applicant with an eligible
claim has received less than 30 percent of the compensatory damages owed that applicant under a final judgment or claim described in subsection (c)(2) from any
source other than this Fund, such applicant may apply
to the Special Master for the difference between the
percentage of compensatory damages the applicant has
received from other sources and the percentage of
compensatory damages to be awarded other eligible
applicants from the Fund.
(4) ADDITIONAL PAYMENTS.—On January 1 of the second
calendar year that begins after the date of the initial payments
described in paragraph (1) if funds are available in the Fund,
the Special Master shall authorize additional payments on a
pro rata basis to those claimants with eligible claims under
subsection (c)(2) and shall authorize additional payments for
eligible claims annually thereafter if funds are available in
the Fund.
(5) SUBROGATION AND RETENTION OF RIGHTS.—
(A) UNITED STATES SUBROGATED TO CREDITOR RIGHTS
TO THE EXTENT OF PAYMENT.—The United States shall be
subrogated to the rights of any person who applies for
and receives payments under this section, but only to the
extent and in the amount of such payments made under
this section. The President shall pursue these subrogated
rights as claims or offsets of the United States in appropriate ways, including any negotiation process that precedes the normalization of relations between the foreign
state designated as a state sponsor of terrorism and the
United States or the lifting of sanctions against such foreign state.
(B) RIGHTS RETAINED.—To the extent amounts of damages remain unpaid and outstanding following any payments made under this subsection, each applicant shall
retain that applicant’s creditor rights in any unpaid and
outstanding amounts of the judgment, including any

H. R. 2029—771
prejudgment or post-judgment interest, or punitive damages, awarded by the United States district court pursuant
to a judgment.
(e) UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM
FUND.—
(1) ESTABLISHMENT OF UNITED STATES VICTIMS OF STATE
SPONSORED TERRORISM FUND.—There is established in the
Treasury a fund, to be designated as the United States Victims
of State Sponsored Terrorism Fund.
(2) DEPOSIT AND TRANSFER.—Beginning on the date of the
enactment of this Act, the following shall be deposited or transferred into the Fund for distribution under this section:
(A) FORFEITED FUNDS AND PROPERTY.—
(i) CRIMINAL FUNDS AND PROPERTY.—All funds, and
the net proceeds from the sale of property, forfeited
or paid to the United States after the date of enactment
of this Act as a criminal penalty or fine arising from
a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the
Trading with the Enemy Act (50 U.S.C. App. 1 et
seq.), or any related criminal conspiracy, scheme, or
other Federal offense arising from the actions of, or
doing business with or acting on behalf of, a state
sponsor of terrorism.
(ii) CIVIL FUNDS AND PROPERTY.—One-half of all
funds, and one-half of the net proceeds from the sale
of property, forfeited or paid to the United States after
the date of enactment of this Act as a civil penalty
or fine arising from a violation of any license, order,
regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) or the Trading with the Enemy Act (50
U.S.C. App. 1 et seq.), or any related conspiracy,
scheme, or other Federal offense arising from the
actions of, or doing business with or acting on behalf
of, a state sponsor of terrorism.
(B) TRANSFER INTO FUND OF CERTAIN ASSIGNED ASSETS
OF IRAN AND ELECTION TO PARTICIPATE IN FUND.—
(i) DEPOSIT INTO FUND OF ASSIGNED PROCEEDS
FROM SALE OF PROPERTIES AND RELATED ASSETS IDENTIFIED IN IN RE 650 FIFTH AVENUE & RELATED PROPERTIES.—
(I) IN GENERAL.—Except as provided in subclause (II), if the United States receives a final
judgment forfeiting the properties and related
assets identified in the proceedings captioned as
In Re 650 Fifth Avenue & Related Properties, No.
08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), the
net proceeds (not including the litigation expenses
and sales costs incurred by the United States)
resulting from the sale of such properties and
related assets by the United States shall be deposited into the Fund.
(II) LIMITATION.—The following proceeds
resulting from any sale of the properties and

H. R. 2029—772
related assets identified in subclause (I) shall not
be transferred into the Fund:
(aa) The percentage of proceeds attributable to any party identified as a Settling
Judgment Creditor in the order dated April
16, 2014, in such proceedings, who does not
make an election (described in clause (iii)) to
participate in the Fund.
(bb) The percentage of proceeds attributable to the parties identified as the Hegna
Judgment Creditors in such proceedings,
unless and until a final judgment is entered
denying the claims of such creditors.
(ii) DEPOSIT INTO FUND OF ASSIGNED ASSETS IDENTIFIED IN PETERSON V. ISLAMIC REPUBLIC OF IRAN.—If
a final judgment is entered in Peterson v. Islamic
Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y.), awarding
the assets at issue in that case to the judgment creditors identified in the order dated July 9, 2013, those
assets shall be deposited into the Fund, but only to
the extent, and in such percentage, that the rights,
title, and interest to such assets were assigned through
elections made pursuant to clause (iii).
(iii) ELECTION TO PARTICIPATE IN THE FUND.—Upon
written notice to the Attorney General, the Special
Master, and the chief judge of the United States District Court for the Southern District of New York
within 60 days after the date of the publication
required under subsection (b)(2)(A) a United States
person, who is a judgment creditor in the proceedings
captioned Peterson v. Islamic Republic of Iran, No.
10 Civ. 4518 (S.D.N.Y.), or a Settling Judgment Creditor as identified in the order dated May 27, 2014,
in the proceedings captioned In Re 650 Fifth Avenue
& Related Properties, No. 08 Civ. 10934 (S.D.N.Y. filed
Dec. 17, 2008), shall have the right to elect to participate in the Fund and, to the extent any such person
exercises such right, shall irrevocably assign to the
Fund all rights, title, and interest to such person’s
claims to the assets at issue in such proceedings. To
the extent that a United States person is both a judgment creditor in the proceedings captioned Peterson
v. Islamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y.)
and a Settling Judgment Creditor in In Re 650 Fifth
Avenue & Related Properties, No. 08 Civ. 10934
(S.D.N.Y. filed Dec. 17, 2008), any election by such
person to participate in the Fund pursuant to this
paragraph shall operate as an election to assign any
and all rights, title, and interest in the assets in both
actions for the purposes of participating in the Fund.
The Attorney General is authorized to pursue any such
assigned rights, title, and interest in those claims for
the benefit of the Fund.
(iv) APPLICATION FOR CONDITIONAL PAYMENT.—A
United States person who is a judgment creditor or
a Settling Judgment Creditor in the proceedings identified in clause (iii) and who does not elect to participate

H. R. 2029—773
in the Fund may, notwithstanding such failure to elect,
submit an application for conditional payment from
the Fund, subject to the following limitations:
(I) IN GENERAL.—Notwithstanding any such
claimant’s eligibility for payment and the initial
deadline for initial payments set forth in subsection (d)(2), the Special Master shall allocate
but withhold payment to an eligible claimant who
applies for a conditional payment under this paragraph until such time as an adverse final judgment
is entered in both of the proceedings identified
in clause (iii).
(II) EXCEPTION.—
(aa) In the event that an adverse final
judgment is entered in the proceedings captioned Peterson v. Islamic Republic of Iran,
No. 10 Civ. 4518 (S.D.N.Y), prior to a final
judgment being entered in the proceedings
captioned In Re 650 Fifth Avenue & Related
Properties, No. 08 Civ. 10934 (S.D.N.Y. filed
Dec. 17, 2008), the Special Master shall
release a portion of an eligible claimant’s
conditional payment to such eligible claimant
if the Special Master anticipates that such
claimant will receive less than the amount
of the conditional payment from any proceeds
from a final judgment that is entered in favor
of the plaintiffs in In Re 650 Fifth Avenue
& Related Properties. Such portion shall not
exceed the difference between the amount of
the conditional payment and the amount the
Special Master anticipates such claimant will
receive from the proceeds of In Re 650 Fifth
Avenue & Related Properties.
(bb) In the event that a final judgment
is entered in favor of the plaintiffs in the
proceedings captioned Peterson v. Islamic
Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y)
and funds are distributed, the payments allocated to claimants who applied for a conditional payment under this subparagraph shall
be considered void, and any funds previously
allocated to such conditional payments shall
be made available and distributed to all other
eligible claimants pursuant to subsection (d).
(3) EXPENDITURES FROM FUND.—Amounts in the Fund shall
be available, without further appropriation, for the payment
of eligible claims and compensation of the Special Master in
accordance with this section.
(4) MANAGEMENT OF FUND.—The Fund shall be managed
and invested in the same manner as a trust fund is managed
and invested under section 9602 of the Internal Revenue Code
of 1986.
(5) FUNDING.—There is appropriated to the Fund, out of
any money in the Treasury not otherwise appropriated,
$1,025,000,000 for fiscal year 2017, to remain available until
expended.

H. R. 2029—774
(6) TERMINATION.—
(A) IN GENERAL.—Amounts in the Fund may not be
obligated on or after January 2, 2026.
(B) CLOSING OF FUND.—Effective on the day after all
amounts authorized to be paid from the Fund under this
section that were obligated before January 2, 2026 are
expended, any unobligated balances in the Fund shall be
transferred, as appropriate, to either the Department of
the Treasury Forfeiture Fund established under section
9705 of title 31, United States Code, or to the Department
of Justice Assets Forfeiture Fund established under section
524(c)(1) of title 28, United States Code.
(f) ATTORNEYS’ FEES AND COSTS.—
(1) IN GENERAL.—No attorney shall charge, receive, or collect, and the Special Master shall not approve, any payment
of fees and costs that in the aggregate exceeds 25 percent
of any payment made under this section.
(2) PENALTY.—Any attorney who violates paragraph (1)
shall be fined under title 18, United States Code, imprisoned
for not more than 1 year, or both.
(g) AWARD OF COMPENSATION TO INFORMERS.—
(1) IN GENERAL.—Any United States person who holds a
final judgment described in subsection (c)(2)(A) or a claim under
subsection (c)(2)(B) or (c)(2)(C) and who meets the requirements
set forth in paragraph (2) is entitled to receive an award
of 10 percent of the funds deposited in the Fund under subsection (e)(2) attributable to information such person furnished
to the Attorney General that leads to a forfeiture described
in subsection (e)(2)(A), which is made after the date of enactment of this Act pursuant to a proceeding resulting in forfeiture
that was initiated after the date of enactment of this Act.
(2) PERSON DESCRIBED.—A person meets the requirements
of this paragraph if—
(A) the person identifies and notifies the Attorney General of funds or property—
(i) of a state sponsor of terrorism, or held by a
third party on behalf of or subject to the control of
that state sponsor of terrorism;
(ii) that were not previously identified or known
by the United States Government; and
(iii) that are subsequently forfeited directly or in
the form of substitute assets to the United States;
and
(B) the Attorney General finds that the identification
and notification under subparagraph (A) by that person
substantially contributed to the forfeiture to the United
States.
(h) SPECIAL EXCLUSION FROM COMPENSATION.—In no event
shall an individual who is criminally culpable for an act of international terrorism receive any compensation under this section,
either directly or on behalf of a victim.
(i) REPORT TO CONGRESS.—Within 30 days after authorizing
the payment of compensation of eligible claims pursuant to subsection (d), the Special Master shall submit to the chairman and
ranking minority member of the Committee on the Judiciary of
the House of Representatives and the chairman and ranking

H. R. 2029—775
minority member of the Committee on the Judiciary of the Senate
a report on the payment of eligible claims, which shall include—
(1) an explanation of the procedures for filing and processing of applications for compensation; and
(2) an analysis of the payments made to United States
persons from the Fund and the amount of outstanding eligible
claims, including—
(A) the number of applications for compensation submitted;
(B) the number of applications approved and the
amount of each award;
(C) the number of applications denied and the reasons
for the denial;
(D) the number of applications for compensation that
are pending for which compensatory damages have not
been paid in full; and
(E) the total amount of compensatory damages from
eligible claims that have been paid and that remain unpaid.
(j) DEFINITIONS.—In this section the following definitions apply:
(1) ACT OF INTERNATIONAL TERRORISM.—The term ‘‘act of
international terrorism’’ includes—
(A) an act of torture, extrajudicial killing, aircraft sabotage, or hostage taking as those terms are defined in section
1605A(h) of title 28, United States Code; and
(B) providing material support or resources, as defined
in section 2339A of title 18, United States Code, for an
act described in subparagraph (A).
(2) ADVERSE FINAL JUDGMENT.—The term ‘‘adverse final
judgment’’ means a final judgment in favor of the defendant,
or defendants, in the proceedings identified in subsection
(e)(2)(B)(iii), or which does not order any payment from, or
award any interest in, the assets at issue in such proceedings
to the plaintiffs, judgment creditors, or Settling Judgment
Creditors in such proceedings.
(3) COMPENSATORY DAMAGES.—The term ‘‘compensatory
damages’’ does not include pre-judgment or post-judgment
interest or punitive damages.
(4) FINAL JUDGMENT.—The term ‘‘final judgment’’ means
an enforceable final judgment, decree or order on liability and
damages entered by a United States district court that is not
subject to further appellate review, but does not include a
judgment, decree, or order that has been waived, relinquished,
satisfied, espoused by the United States, or subject to a bilateral
claims settlement agreement between the United States and
a foreign state. In the case of a default judgment, such judgment
shall not be considered a final judgment until such time as
service of process has been completed pursuant to section
1608(e) of title 28, United States Code.
(5) FUND.—The term ‘‘Fund’’ means the United States Victims of State Sponsored Terrorism Fund established by this
section.
(6) SOURCE OTHER THAN THIS FUND.—The term ‘‘source
other than this Fund’’ means all collateral sources, including
life insurance, pension funds, death benefit programs, payments
by Federal, State, or local governments (including payments
from the September 11th Victim Compensation Fund (49 U.S.C.
40101 note)), and court awarded compensation related to the

H. R. 2029—776
act of international terrorism that gave rise to a claimant’s
final judgment. The term ‘‘entitled or scheduled to receive’’
in subsection (d)(3)(B)(i) includes any potential recovery where
that person or their representative is a party to any civil
or administrative action pending in any court or agency of
competent jurisdiction in which the party seeks to enforce the
judgment giving rise to the application to the Fund.
(7) STATE SPONSOR OF TERRORISM.—The term ‘‘state sponsor
of terrorism’’ means a country the government of which the
Secretary of State has determined, for purposes of section 6(j)
of the Export Administration Act of 1979 (50 U.S.C. 4605(j)),
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C.
2371), section 40 of the Arms Export Control Act (22 U.S.C.
2780), or any other provision of law, is a government that
has repeatedly provided support for acts of international terrorism.
(8) UNITED STATES PERSON.—The term ‘‘United States person’’ means a natural person who has suffered an injury arising
from the actions of a foreign state for which the foreign state
has been determined not to be immune from the jurisdiction
of the courts of the United States under section 1605A or
section 1605(a)(7) (as such section was in effect on January
27, 2008) of title 28, United States Code, or is eligible to
make a claim under subsection (c)(2)(B) or subsection (c)(2)(C).
(k) SEVERABILITY.—The provisions of this section are severable.
If any provision of this section, or any application thereof, is found
unconstitutional, that finding shall not affect any provision or
application of this section not so adjudicated.
SEC. 405. BUDGETARY PROVISIONS.

(a) LIMITATION.—Notwithstanding any other provision of law,
including section 982 of title 18, United States Code, and section
413 of the Controlled Substances Act (21 U.S.C. 853), none of
the funds paid to the United States Government by BNP Paribas
S.A. as part of, or related to, a plea agreement dated June 27,
2014, entered into between the Department of Justice and BNP
Paribas S.A., and subject to a consent order entered by the United
States District Court for the Southern District of New York on
May 1, 2015, in United States v. BNPP, No. 14 Cr. 460 (S.D.N.Y.)
to settle charges against BNP Paribas S.A. for conspiracy to commit
an offense against the United States in violation of section 371
of title 18, United States Code, by conspiring to violate the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
and the Trading with the Enemy Act (50 U.S.C. 4301 et seq.),
may be used by the United States Government—
(1) in any manner in furtherance of the proposed use
of such funds by the Department of Justice to compensate
individuals as announced by the Department of Justice on
May 1, 2015; or
(2) in any other manner whatsoever, including in furtherance of any program to compensate victims of international
or state sponsored terrorism, except as such funds are directed
by Congress pursuant to this title and the amendments made
by this title.
(b) RESCISSION OF FUNDS FROM BNP SETTLEMENT.—Of the
amounts in the Department of the Treasury Forfeiture Fund established under section 9705 of title 31, United States Code,

H. R. 2029—777
$3,800,000,000 from funds paid to the United States Government
by BNP Paribas S.A. as part of, or related to, a plea agreement
dated June 27, 2014, entered into between the Department of
Justice and BNP Paribas S.A., and subject to a consent order
entered by the United States District Court for the Southern District
of New York on May 1, 2015, in United States v. BNPP, No.
14 Cr. 460 (S.D.N.Y.), shall be deobligated, if necessary, and shall
be permanently rescinded.

TITLE V—MEDICARE AND MEDICAID
PROVISIONS
SEC. 501. MEDICARE IMPROVEMENT FUND.

Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ‘‘$205,000,000’’ and inserting
‘‘$5,000,000’’.
SEC. 502. MEDICARE PAYMENT INCENTIVE FOR THE TRANSITION
FROM TRADITIONAL X-RAY IMAGING TO DIGITAL RADIOGRAPHY AND OTHER MEDICARE IMAGING PAYMENT PROVISION.

(a) PHYSICIAN FEE SCHEDULE.—
(1) PAYMENT INCENTIVE FOR TRANSITION.—
(A) IN GENERAL.—Section 1848(b) of the Social Security
Act (42 U.S.C. 1395w–4(b)) is amended by adding at the
end the following new paragraph:
‘‘(9) SPECIAL RULE TO INCENTIVIZE TRANSITION FROM TRADITIONAL X-RAY IMAGING TO DIGITAL RADIOGRAPHY.—
‘‘(A) LIMITATION ON PAYMENT FOR FILM X-RAY IMAGING
SERVICES.—In the case of an imaging service (including
the imaging portion of a service) that is an X-ray taken
using film and that is furnished during 2017 or a subsequent year, the payment amount for the technical component (including the technical component portion of a global
service) of such service that would otherwise be determined
under this section (without application of this paragraph
and before application of any other adjustment under this
section) for such year shall be reduced by 20 percent.
‘‘(B) PHASED-IN LIMITATION ON PAYMENT FOR COMPUTED
RADIOGRAPHY IMAGING SERVICES.—In the case of an
imaging service (including the imaging portion of a service)
that is an X-ray taken using computed radiography technology—
‘‘(i) in the case of such a service furnished during
2018, 2019, 2020, 2021, or 2022, the payment amount
for the technical component (including the technical
component portion of a global service) of such service
that would otherwise be determined under this section
(without application of this paragraph and before
application of any other adjustment under this section)
for such year shall be reduced by 7 percent; and
‘‘(ii) in the case of such a service furnished during
2023 or a subsequent year, the payment amount for
the technical component (including the technical
component portion of a global service) of such service
that would otherwise be determined under this section

H. R. 2029—778
(without application of this paragraph and before
application of any other adjustment under this section)
for such year shall be reduced by 10 percent.
‘‘(C) COMPUTED RADIOGRAPHY TECHNOLOGY DEFINED.—
For purposes of this paragraph, the term ‘computed radiography technology’ means cassette-based imaging which utilizes an imaging plate to create the image involved.
‘‘(D) IMPLEMENTATION.—In order to implement this
paragraph, the Secretary shall adopt appropriate mechanisms which may include use of modifiers.’’.
(B) EXEMPTION FROM BUDGET NEUTRALITY.—Section
1848(c)(2)(B)(v) of the Social Security Act (42 U.S.C.
1395w–4(c)(2)(B)(v)) is amended by adding at the end the
following new subclause:
‘‘(X) REDUCED EXPENDITURES ATTRIBUTABLE TO
INCENTIVES TO TRANSITION TO DIGITAL RADIOGRAPHY.—Effective for fee schedules established
beginning with 2017, reduced expenditures attributable to subparagraph (A) of subsection (b)(9) and
effective for fee schedules established beginning
with 2018, reduced expenditures attributable to
subparagraph (B) of such subsection.’’.
(2) REDUCTION OF DISCOUNT IN PAYMENT FOR PROFESSIONAL
COMPONENT OF MULTIPLE IMAGING SERVICES.—
(A) IN GENERAL.—Section 1848(b) of the Social Security
Act (42 U.S.C. 1395w–4(b)), as amended by paragraph (1),
is amended by adding at the end the following new paragraph:
‘‘(10) REDUCTION OF DISCOUNT IN PAYMENT FOR PROFESSIONAL COMPONENT OF MULTIPLE IMAGING SERVICES.—In the
case of the professional component of imaging services furnished
on or after January 1, 2017, instead of the 25 percent reduction
for multiple procedures specified in the final rule published
by the Secretary in the Federal Register on November 28,
2011, as amended in the final rule published by the Secretary
in the Federal Register on November 16, 2012, the reduction
percentage shall be 5 percent.’’.
(B) EXEMPTION FROM BUDGET NEUTRALITY.—Section
1848(c)(2)(B)(v) of the Social Security Act (42 U.S.C. 1395w
4(c)(2)(B)(v)), as amended by paragraph (1), is amended
by adding at the end by the following new subclause:
‘‘(XI) DISCOUNT IN PAYMENT FOR PROFESSIONAL
COMPONENT OF IMAGING SERVICES.—Effective for
fee schedules established beginning with 2017,
reduced expenditures attributable to subsection
(b)(10).’’.
(C) CONFORMING AMENDMENT.—Section 220(i) of the
Protecting Access to Medicare Act of 2014 (42 U.S.C.
1395w–4 note) is repealed.
(b) PAYMENT INCENTIVE FOR TRANSITION UNDER HOSPITAL OUTPATIENT PROSPECTIVE PAYMENT SYSTEM.—Section 1833(t)(16) of the
Social Security Act (42 U.S.C. 1395(t)(16)) is amended by adding
at the end the following new subparagraph:
‘‘(F) PAYMENT INCENTIVE FOR THE TRANSITION FROM
TRADITIONAL X-RAY IMAGING TO DIGITAL RADIOGRAPHY.—
Notwithstanding the previous provisions of this subsection:

H. R. 2029—779
‘‘(i) LIMITATION ON PAYMENT FOR FILM
IMAGING SERVICES.—In the case of an imaging

X-RAY
service
that is an X-ray taken using film and that is furnished
during 2017 or a subsequent year, the payment amount
for such service (including the X-ray component of
a packaged service) that would otherwise be determined under this section (without application of this
paragraph and before application of any other adjustment under this subsection) for such year shall be
reduced by 20 percent.
‘‘(ii) PHASED-IN LIMITATION ON PAYMENT FOR COMPUTED RADIOGRAPHY IMAGING SERVICES.—In the case
of an imaging service that is an X-ray taken using
computed radiography technology (as defined in section
1848(b)(9)(C))—
‘‘(I) in the case of such a service furnished
during 2018, 2019, 2020, 2021, or 2022, the payment amount for such service (including the Xray component of a packaged service) that would
otherwise be determined under this section (without application of this paragraph and before
application of any other adjustment under this
subsection) for such year shall be reduced by 7
percent; and
‘‘(II) in the case of such a service furnished
during 2023 or a subsequent year, the payment
amount for such service (including the X-ray
component of a packaged service) that would otherwise be determined under this section (without
application of this paragraph and before application of any other adjustment under this subsection)
for such year shall be reduced by 10 percent.
‘‘(iii) APPLICATION WITHOUT REGARD TO BUDGET
NEUTRALITY.—The
reductions made under this
subparagraph—
‘‘(I) shall not be considered an adjustment
under paragraph (2)(E); and
‘‘(II) shall not be implemented in a budget
neutral manner.
‘‘(iv) IMPLEMENTATION.—In order to implement this
subparagraph, the Secretary shall adopt appropriate
mechanisms which may include use of modifiers.’’.

SEC. 503. LIMITING FEDERAL MEDICAID REIMBURSEMENT TO STATES
FOR DURABLE MEDICAL EQUIPMENT (DME) TO MEDICARE
PAYMENT RATES.

(a) MEDICAID REIMBURSEMENT.—
(1) IN GENERAL.—Section 1903(i) of the Social Security
Act (42 U.S.C. 1396b(i)) is amended—
(A) in paragraph (25), by striking ‘‘or’’ at the end;
(B) in paragraph (26), by striking the period at the
end and inserting ‘‘; or’’; and
(C) by inserting after paragraph (26) the following
new paragraph:
‘‘(27) with respect to any amounts expended by the State
on the basis of a fee schedule for items described in section

H. R. 2029—780
1861(n) and furnished on or after January 1, 2019, as determined in the aggregate with respect to each class of such
items as defined by the Secretary, in excess of the aggregate
amount, if any, that would be paid for such items within
such class on a fee-for-service basis under the program under
part B of title XVIII, including, as applicable, under a competitive acquisition program under section 1847 in an area of
the State.’’.
(2) RULE OF CONSTRUCTION.—Nothing in the amendments
made by paragraph (1) shall be construed to prohibit a State
Medicaid program from providing medical assistance for
durable medical equipment for which payment is denied or
not available under the Medicare program under title XVIII
of such Act.
(b) EVALUATING APPLICATION OF DME PAYMENT LIMITS UNDER
MEDICAID.—The Secretary of Health and Human Services shall
evaluate the impact of applying Medicare payment rates with
respect to payment for durable medical equipment under the Medicaid program under section 1903(i)(27) of the Social Security Act,
as inserted by subsection (a)(1)(C). The Secretary shall make available to the public the results of such evaluation.
SEC. 504. TREATMENT OF DISPOSABLE DEVICES.

(a) IN GENERAL.—Section 1834 of the Social Security Act (42
U.S.C. 1395m) is amended by adding at the end the following
new subsection:
‘‘(s) PAYMENT FOR APPLICABLE DISPOSABLE DEVICES.—
‘‘(1) SEPARATE PAYMENT.—The Secretary shall make a payment (separate from the payments otherwise made under section 1895) in the amount established under paragraph (3) to
a home health agency for an applicable disposable device (as
defined in paragraph (2)) when furnished on or after January
1, 2017, to an individual who receives home health services
for which payment is made under section 1895(b).
‘‘(2) APPLICABLE DISPOSABLE DEVICE.—In this subsection,
the term applicable disposable device means a disposable device
that, as determined by the Secretary, is—
‘‘(A) a disposable negative pressure wound therapy
device that is an integrated system comprised of a nonmanual vacuum pump, a receptacle for collecting exudate,
and dressings for the purposes of wound therapy; and
‘‘(B) a substitute for, and used in lieu of, a negative
pressure wound therapy durable medical equipment item
that is an integrated system of a negative pressure vacuum
pump, a separate exudate collection canister, and dressings
that would otherwise be covered for individuals for such
wound therapy.
‘‘(3) PAYMENT AMOUNT.—The separate payment amount
established under this paragraph for an applicable disposable
device for a year shall be equal to the amount of the payment
that would be made under section 1833(t) (relating to payment
for covered OPD services) for the year for the Level I Healthcare
Common Procedure Coding System (HCPCS) code for which
the description for a professional service includes the furnishing
of such device.’’.
(b) CONFORMING AMENDMENTS.—

H. R. 2029—781
(1) COINSURANCE.—Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)) is amended—
(A) by striking ‘‘and (Z)’’ and inserting ‘‘(Z)’’; and
(B) by inserting before the semicolon at the end the
following: ‘‘, and (AA) with respect to an applicable disposable device (as defined in paragraph (2) of section 1834(s))
furnished to an individual pursuant to paragraph (1) of
such section, the amount paid shall be equal to 80 percent
of the lesser of the actual charge or the amount determined
under paragraph (3) of such section’’.
(2) HOME HEALTH.—Section 1861(m)(5) of the Social Security Act (42 U.S.C. 1395x(m)(5)) is amended by inserting ‘‘and
applicable disposable devices (as defined in section 1834(s)(2))’’
after ‘‘durable medical equipment’’.
(c) REPORTS.—
(1) GAO STUDY AND REPORT ON DISPOSABLE DEVICES.—
(A) STUDY.—The Comptroller General of the United
States shall conduct a study on the value of disposable
devices to the Medicare program and Medicare beneficiaries
and the role of disposable devices as substitutes for durable
medical equipment. Such study shall address the following:
(i) The types of disposable devices that could potentially qualify as being substitutes for durable medical
equipment under the Medicare program, the similarities and differences between such disposable devices
and the durable medical equipment for which they
would be a substitute, and the extent to which other
payers, including the Medicaid program and private
payers, cover such disposable devices.
(ii) Views of, and information from, medical device
manufacturers, providers of services, and suppliers on
the incentives and disincentives under current Medicare coverage and payment policies for disposable
devices that are substitutes for durable medical equipment and how such policies affect manufacturers’
decisions to develop innovative products and providers’
and suppliers’ decisions to use such products.
(iii) Implications of expanding coverage under the
Medicare program to include additional disposable
devices that are substitutes for durable medical equipment.
(iv) Payment methodologies that could be used
to pay for disposable devices that are substitutes for
durable medical equipment other than applicable
disposable devices pursuant to the amendments made
by subsections (a) and (b).
(v) Other applicable areas determined appropriate
by the Comptroller General.
(B) REPORT.—Not later than 18 months after the date
of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress and the Secretary of Health and Human Services a report on the
study conducted under subparagraph (A), together with
recommendations for such legislation and administrative
action as the Comptroller General determines to be appropriate.

H. R. 2029—782
(2) GAO STUDY AND REPORT ON THE IMPACT OF THE PAYMENT OF APPLICABLE DISPOSABLE DEVICES.—
(A) STUDY.—The Comptroller General of the United
States shall conduct a study on the impact of the payment
for applicable disposable devices (as defined in section
1834(s)(2) of the Social Security Act) under the provisions
of, and the amendments made by, subsections (a) and (b).
Such study shall address the following:
(i) The impact on utilization and Medicare program
and beneficiary spending as a result of such provisions
and amendments.
(ii) The type of Medicare beneficiaries who, under
the home health benefit, use the applicable disposable
device and the period of use of the applicable disposable
devices compared to the beneficiaries who use the substitute durable medical equipment and their period
of use.
(iii) How payment rates of other payers, including
the Medicaid program and private payers, for
applicable disposable devices compare to the payment
rates for such devices under such provisions and
amendments.
(iv) Other applicable areas determined appropriate
by the Comptroller General.
(B) REPORT.—Not later than 4 years after the date
of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress and the Secretary of Health and Human Services a report on the
study conducted under subparagraph (A), together with
recommendations for such legislation and administrative
action as the Comptroller General determines to be appropriate.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to items furnished on or after January 1, 2017.

TITLE VI—PUERTO RICO
SEC. 601. MODIFICATION OF MEDICARE INPATIENT HOSPITAL PAYMENT RATE FOR PUERTO RICO HOSPITALS.

Section 1886(d)(9)(E) of the Social Security Act (42 U.S.C.
1395ww(d)(9)(E)) is amended—
(1) by striking ‘‘and’’ at the end of clause (iii);
(2) in clause (iv)—
(A) by inserting ‘‘and before January 1, 2016,’’ after
‘‘2004,’’; and
(B) by striking the period at the end and inserting
‘‘; and’’; and
(3) by adding at the end the following new clause:
‘‘(v) on or after January 1, 2016, the applicable Puerto
Rico percentage is 0 percent and the applicable Federal percentage is 100 percent.’’.
SEC. 602. APPLICATION OF MEDICARE HITECH PAYMENTS TO HOSPITALS IN PUERTO RICO.

(a) IN GENERAL.—Subsection (n)(6)(B) of section 1886 of the
Social Security Act (42 U.S.C. 1395ww) is amended by striking

H. R. 2029—783
‘‘subsection (d) hospital’’ and inserting ‘‘hospital that is a subsection
(d) hospital or a subsection (d) Puerto Rico hospital’’.
(b) CONFORMING AMENDMENTS.—
(1) Subsection (b)(3)(B)(ix) of section 1886 of the Social
Security Act (42 U.S.C. 1395ww) is amended—
(A) in subclause (I), by striking ‘‘(n)(6)(A)’’ and inserting
‘‘(n)(6)(B)’’; and
(B) in subclause (II), by striking ‘‘a subsection (d) hospital’’ and inserting ‘‘an eligible hospital’’.
(2) Paragraphs (2) and (4)(A) of section 1853(m) of the
Social Security Act (42 U.S.C. 1395w–23(m)) are each amended
by striking ‘‘1886(n)(6)(A)’’ and inserting ‘‘1886(n)(6)(B)’’.
(c) IMPLEMENTATION.—Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the amendments made by this section by program instruction or
otherwise.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply as if included in the enactment of the American Recovery
and Reinvestment Act of 2009 (Public Law 111–5), except that,
in order to take into account delays in the implementation of
this section, in applying subsections (b)(3)(B)(ix), (n)(2)(E)(ii), and
(n)(2)(G)(i) of section 1886 of the Social Security Act, as amended
by this section, any reference in such subsections to a particular
year shall be treated with respect to a subsection (d) Puerto Rico
hospital as a reference to the year that is 5 years after such
particular year (or 7 years after such particular year in the case
of applying subsection (b)(3)(B)(ix) of such section).

TITLE VII—FINANCIAL SERVICES
SEC. 701. TABLE OF CONTENTS.

The table of contents for this title is as follows:
Sec. 701. Table of contents.
Sec. 702. Limitations on sale of preferred stock.
Sec. 703. Confidentiality of information shared between State and Federal financial
services regulators.
Sec. 704. Application of FACA.
Sec. 705. Treatment of affiliate transactions.
Sec. 706. Ensuring the protection of insurance policyholders.
Sec. 707. Limitation on SEC funds.
Sec. 708. Elimination of reporting requirement.
Sec. 709. Extension of Hardest Hit Fund; Termination of Making Home Affordable
initiative.
SEC. 702. LIMITATIONS ON SALE OF PREFERRED STOCK.

(a) DEFINITIONS.—In this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Treasury.
(2) SENIOR PREFERRED STOCK PURCHASE AGREEMENT.—The
term ‘‘Senior Preferred Stock Purchase Agreement’’ means—
(A) the Amended and Restated Senior Preferred Stock
Purchase Agreement, dated September 26, 2008, as such
Agreement has been amended on May 6, 2009, December
24, 2009, and August 17, 2012, respectively, and as such
Agreement may be further amended and restated, entered
into between the Department of the Treasury and each
enterprise, as applicable; and

H. R. 2029—784
(B) any provision of any certificate in connection with
such Agreement creating or designating the terms, powers,
preferences, privileges, limitations, or any other conditions
of the Variable Liquidation Preference Senior Preferred
Stock of an enterprise issued or sold pursuant to such
Agreement.
(b) LIMITATIONS ON SALE OF PREFERRED STOCK.—Notwithstanding any other provision of law or any provision of the Senior
Preferred Stock Purchase Agreement, until at least January 1,
2018, the Secretary may not sell, transfer, relinquish, liquidate,
divest, or otherwise dispose of any outstanding shares of senior
preferred stock acquired pursuant to the Senior Preferred Stock
Purchase Agreement, unless Congress has passed and the President
has signed into law legislation that includes a specific instruction
to the Secretary regarding the sale, transfer, relinquishment, liquidation, divestiture, or other disposition of the senior preferred
stock so acquired.
(c) SENSE OF CONGRESS.—It is the Sense of Congress that
Congress should pass and the President should sign into law legislation determining the future of Fannie Mae and Freddie Mac, and
that notwithstanding the expiration of subsection (b), the Secretary
should not sell, transfer, relinquish, liquidate, divest, or otherwise
dispose of any outstanding shares of senior preferred stock acquired
pursuant to the Senior Preferred Stock Purchase Agreement until
such legislation is enacted.
SEC. 703. CONFIDENTIALITY OF INFORMATION SHARED BETWEEN
STATE AND FEDERAL FINANCIAL SERVICES REGULATORS.

Section 1512(a) of the S.A.F.E. Mortgage Licensing Act of 2008
(12 U.S.C. 5111(a)) is amended by inserting ‘‘or financial services’’
before ‘‘industry’’.
SEC. 704. APPLICATION OF FACA.

Section 1013 of the Consumer Financial Protection Act of 2010
(12 U.S.C. 5493) is amended by adding at the end the following:
‘‘(h) APPLICATION OF FACA.—Notwithstanding any provision
of the Federal Advisory Committee Act (5 U.S.C. App.), such Act
shall apply to each advisory committee of the Bureau and each
subcommittee of such an advisory committee.’’.
SEC. 705. TREATMENT OF AFFILIATE TRANSACTIONS.

(a) COMMODITY EXCHANGE ACT AMENDMENTS.—Section
2(h)(7)(D) of the Commodity Exchange Act (7 U.S.C. 2(h)(7)(D))
is amended—
(1) by redesignating clause (iii) as clause (v);
(2) by striking clauses (i) and (ii) and inserting the following:
‘‘(i) IN GENERAL.—An affiliate of a person that
qualifies for an exception under subparagraph (A)
(including affiliate entities predominantly engaged in
providing financing for the purchase of the merchandise or manufactured goods of the person) may qualify
for the exception only if the affiliate—
‘‘(I) enters into the swap to hedge or mitigate
the commercial risk of the person or other affiliate
of the person that is not a financial entity, and
the commercial risk that the affiliate is hedging
or mitigating has been transferred to the affiliate;

H. R. 2029—785
‘‘(II) is directly and wholly-owned by another
affiliate qualified for the exception under this
subparagraph or an entity that is not a financial
entity;
‘‘(III) is not indirectly majority-owned by a
financial entity;
‘‘(IV) is not ultimately owned by a parent company that is a financial entity; and
‘‘(V) does not provide any services, financial
or otherwise, to any affiliate that is a nonbank
financial company supervised by the Board of Governors (as defined under section 102 of the Financial Stability Act of 2010).
‘‘(ii) LIMITATION ON QUALIFYING AFFILIATES.—The
exception in clause (i) shall not apply if the affiliate
is—
‘‘(I) a swap dealer;
‘‘(II) a security-based swap dealer;
‘‘(III) a major swap participant;
‘‘(IV) a major security-based swap participant;
‘‘(V) a commodity pool;
‘‘(VI) a bank holding company;
‘‘(VII) a private fund, as defined in section
202(a) of the Investment Advisers Act of 1940 (15
U.S.C. 80–b–2(a));
‘‘(VIII) an employee benefit plan or government plan, as defined in paragraphs (3) and (32)
of section 3 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002);
‘‘(IX) an insured depository institution;
‘‘(X) a farm credit system institution;
‘‘(XI) a credit union;
‘‘(XII) a nonbank financial company supervised
by the Board of Governors (as defined under section 102 of the Financial Stability Act of 2010);
or
‘‘(XIII) an entity engaged in the business of
insurance and subject to capital requirements
established by an insurance governmental
authority of a State, a territory of the United
States, the District of Columbia, a country other
than the United States, or a political subdivision
of a country other than the United States that
is engaged in the supervision of insurance companies under insurance law.
‘‘(iii) LIMITATION ON AFFILIATES’ AFFILIATES.—
Unless the Commission determines, by order, rule, or
regulation, that it is in the public interest, the exception in clause (i) shall not apply with respect to an
affiliate if the affiliate is itself affiliated with—
‘‘(I) a major security-based swap participant;
‘‘(II) a security-based swap dealer;
‘‘(III) a major swap participant; or
‘‘(IV) a swap dealer.
‘‘(iv) CONDITIONS ON TRANSACTIONS.—With respect
to an affiliate that qualifies for the exception in clause
(i)—

H. R. 2029—786
‘‘(I) the affiliate may not enter into any swap
other than for the purpose of hedging or mitigating
commercial risk; and
‘‘(II) neither the affiliate nor any person affiliated with the affiliate that is not a financial entity
may enter into a swap with or on behalf of any
affiliate that is a financial entity or otherwise
assume, net, combine, or consolidate the risk of
swaps entered into by any such financial entity,
except one that is an affiliate that qualifies for
the exception under clause (i).’’; and
(3) by adding at the end the following:
‘‘(vi) RISK MANAGEMENT PROGRAM.—Any swap
entered into by an affiliate that qualifies for the exception in clause (i) shall be subject to a centralized risk
management program of the affiliate, which is reasonably designed both to monitor and manage the risks
associated with the swap and to identify each of the
affiliates on whose behalf a swap was entered into.’’.
(b) SECURITIES EXCHANGE ACT OF 1934 AMENDMENT.—Section
3C(g)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78c–
3(g)(4)) is amended—
(1) by redesignating subparagraph (C) as subparagraph
(E);
(2) by striking subparagraphs (A) and (B) and inserting
the following:
‘‘(A) IN GENERAL.—An affiliate of a person that qualifies
for an exception under this subsection (including affiliate
entities predominantly engaged in providing financing for
the purchase of the merchandise or manufactured goods
of the person) may qualify for the exception only if the
affiliate—
‘‘(i) enters into the security-based swap to hedge
or mitigate the commercial risk of the person or other
affiliate of the person that is not a financial entity,
and the commercial risk that the affiliate is hedging
or mitigating has been transferred to the affiliate;
‘‘(ii) is directly and wholly-owned by another affiliate qualified for the exception under this paragraph
or an entity that is not a financial entity;
‘‘(iii) is not indirectly majority-owned by a financial
entity;
‘‘(iv) is not ultimately owned by a parent company
that is a financial entity; and
‘‘(v) does not provide any services, financial or
otherwise, to any affiliate that is a nonbank financial
company supervised by the Board of Governors (as
defined under section 102 of the Financial Stability
Act of 2010).
‘‘(B) LIMITATION ON QUALIFYING AFFILIATES.—The
exception in subparagraph (A) shall not apply if the affiliate
is—
‘‘(i) a swap dealer;
‘‘(ii) a security-based swap dealer;
‘‘(iii) a major swap participant;
‘‘(iv) a major security-based swap participant;
‘‘(v) a commodity pool;

H. R. 2029—787
‘‘(vi) a bank holding company;
‘‘(vii) a private fund, as defined in section 202(a)
of the Investment Advisers Act of 1940 (15 U.S.C.
80–b–2(a));
‘‘(viii) an employee benefit plan or government
plan, as defined in paragraphs (3) and (32) of section
3 of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1002);
‘‘(ix) an insured depository institution;
‘‘(x) a farm credit system institution;
‘‘(xi) a credit union;
‘‘(xii) a nonbank financial company supervised by
the Board of Governors (as defined under section 102
of the Financial Stability Act of 2010); or
‘‘(xiii) an entity engaged in the business of insurance and subject to capital requirements established
by an insurance governmental authority of a State,
a territory of the United States, the District of
Columbia, a country other than the United States,
or a political subdivision of a country other than the
United States that is engaged in the supervision of
insurance companies under insurance law.
‘‘(C) LIMITATION ON AFFILIATES’ AFFILIATES.—Unless
the Commission determines, by order, rule, or regulation,
that it is in the public interest, the exception in subparagraph (A) shall not apply with respect to an affiliate if
such affiliate is itself affiliated with—
‘‘(i) a major security-based swap participant;
‘‘(ii) a security-based swap dealer;
‘‘(iii) a major swap participant; or
‘‘(iv) a swap dealer.
‘‘(D) CONDITIONS ON TRANSACTIONS.—With respect to
an affiliate that qualifies for the exception in subparagraph
(A)—
‘‘(i) such affiliate may not enter into any securitybased swap other than for the purpose of hedging
or mitigating commercial risk; and
‘‘(ii) neither such affiliate nor any person affiliated
with such affiliate that is not a financial entity may
enter into a security-based swap with or on behalf
of any affiliate that is a financial entity or otherwise
assume, net, combine, or consolidate the risk of security-based swaps entered into by any such financial
entity, except one that is an affiliate that qualifies
for the exception under subparagraph (A).’’; and
(3) by adding at the end the following:
‘‘(F) RISK MANAGEMENT PROGRAM.—Any security-based
swap entered into by an affiliate that qualifies for the
exception in subparagraph (A) shall be subject to a centralized risk management program of the affiliate, which is
reasonably designed both to monitor and manage the risks
associated with the security-based swap and to identify
each of the affiliates on whose behalf a security-based
swap was entered into.’’.

H. R. 2029—788
SEC. 706. ENSURING THE PROTECTION OF INSURANCE POLICYHOLDERS.

(a) SOURCE OF STRENGTH.—Section 38A of the Federal Deposit
Insurance Act (12 U.S.C. 1831o–1) is amended—
(1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following:
‘‘(c) AUTHORITY OF STATE INSURANCE REGULATOR.—
‘‘(1) IN GENERAL.—The provisions of section 5(g) of the
Bank Holding Company Act of 1956 (12 U.S.C. 1844(g)) shall
apply to a savings and loan holding company that is an insurance company, an affiliate of an insured depository institution
that is an insurance company, and to any other company that
is an insurance company and that directly or indirectly controls
an insured depository institution, to the same extent as the
provisions of that section apply to a bank holding company
that is an insurance company.
‘‘(2) RULE OF CONSTRUCTION.—Requiring a bank holding
company that is an insurance company, a savings and loan
holding company that is an insurance company, an affiliate
of an insured depository institution that is an insurance company, or any other company that is an insurance company
and that directly or indirectly controls an insured depository
institution to serve as a source of financial strength under
this section shall be deemed an action of the Board that requires
a bank holding company to provide funds or other assets to
a subsidiary depository institution for purposes of section 5(g)
of the Bank Holding Company Act of 1956 (12 U.S.C. 1844(g)).’’.
(b) LIQUIDATION AUTHORITY.—The Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.)
is amended—
(1) in section 203(e)(3) (12 U.S.C. 5383(e)(3)), by inserting
‘‘or rehabilitation’’ after ‘‘orderly liquidation’’ each place that
term appears; and
(2) in section 204(d)(4) (12 U.S.C. 5384(d)(4)), by inserting
before the semicolon at the end the following: ‘‘, except that,
if the covered financial company or covered subsidiary is an
insurance company or a subsidiary of an insurance company,
the Corporation—
‘‘(A) shall promptly notify the State insurance authority
for the insurance company of the intention to take such
lien; and
‘‘(B) may only take such lien—
‘‘(i) to secure repayment of funds made available
to such covered financial company or covered subsidiary; and
‘‘(ii) if the Corporation determines, after consultation with the State insurance authority, that such lien
will not unduly impede or delay the liquidation or
rehabilitation of the insurance company, or the
recovery by its policyholders’’.
SEC. 707. LIMITATION ON SEC FUNDS.

None of the funds made available by any division of this Act
shall be used by the Securities and Exchange Commission to
finalize, issue, or implement any rule, regulation, or order regarding

H. R. 2029—789
the disclosure of political contributions, contributions to tax exempt
organizations, or dues paid to trade associations.
SEC. 708. ELIMINATION OF REPORTING REQUIREMENT.

Paragraph (6) of section 21(h) of the Securities Exchange Act
of 1934 (15 U.S.C. 78u(h)) is repealed.
SEC. 709. EXTENSION OF HARDEST HIT FUND; TERMINATION OF
MAKING HOME AFFORDABLE INITIATIVE.

(a) EXTENSION OF HARDEST HIT FUND.—Section 120(b) of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5230(b))
is amended by inserting after the period at the end the following:
‘‘Notwithstanding the foregoing, the Secretary may further extend
the authority provided under this Act to expire on December 31,
2017, provided that (1) any such extension shall apply only with
respect to current program participants in the Housing Finance
Agency Innovation Fund for the Hardest Hit Housing Markets,
and (2) funds obligated following such extension shall not exceed
$2,000,000,000.’’.
(b) TERMINATION.—
(1) IN GENERAL.—The Making Home Affordable initiative
of the Secretary of the Treasury, as authorized under the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et
seq.), shall terminate on December 31, 2016.
(2) APPLICABILITY.—Paragraph (1) shall not apply to any
loan modification application made under the Home Affordable
Modification Program under the Making Home Affordable initiative of the Secretary of the Treasury, as authorized under
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.), before December 31, 2016.

TITLE VIII—LAND AND WATER
CONSERVATION FUND
SEC. 801. LAND AND WATER CONSERVATION FUND.

(a) REAUTHORIZATION.—Section 200302 of title 54, United
States Code, is amended—
(1) in subsection (b), in the language preceding paragraph
(1), by striking ‘‘September 30, 2015’’ and inserting ‘‘September
30, 2018’’; and
(2) in subsection (c)(1), by striking ‘‘September 30, 2015’’
and inserting ‘‘September 30, 2018’’.
(b) PROHIBITION ON USE OF CONDEMNATION OR EMINENT
DOMAIN.—Except as provided by subsection (c), for fiscal years
2016, 2017, and 2018, unless otherwise provided by division G
of this Act or an Act enacted after this Act making appropriations
for the Department of the Interior, Environment, and Related Agencies, no funds appropriated by such division or Act for the acquisition of lands or interests in lands may be expended for the filing
of declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on Appropriations.
(c) EXCEPTION FOR EVERGLADES.—Hereafter, subsection (b)
shall not apply to funds appropriated to implement the Everglades
National Park Protection and Expansion Act of 1989, or to funds

H. R. 2029—790
appropriated for Federal assistance to the State of Florida to acquire
lands for Everglades restoration purposes.

TITLE IX—NATIONAL OCEANS AND
COASTAL SECURITY
SEC. 901. SHORT TITLE.

This title may be cited as the ‘‘National Oceans and Coastal
Security Act’’.
SEC. 902. DEFINITIONS.

In this title:
(1) COASTAL COUNTY.—The term ‘‘coastal county’’ has the
meaning given the term by the National Oceanic and
Atmospheric Administration in the document entitled ‘‘NOAA’s
List of Coastal Counties for the Bureau of the Census’’ (or
similar successor document).
(2) COASTAL STATE.—The term ‘‘coastal State’’ has the
meaning given the term ‘‘coastal state’’ in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
(3) FOUNDATION.—The term ‘‘Foundation’’ means the
National Fish and Wildlife Foundation established by section
2(a) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701(a)).
(4) FUND.—The term ‘‘Fund’’ means the National Oceans
and Coastal Security Fund established under section 904(a).
(5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means any federally recognized Indian tribe.
(6) ADMINISTRATOR.—Except as otherwise specifically provided, the term ‘‘Administrator’’ means the Under Secretary
of Commerce for Oceans and Atmosphere and Administrator
of the National Oceanic and Atmospheric Administration.
(7) TIDAL SHORELINE.—The term ‘‘tidal shoreline’’ has the
meaning given that term pursuant to section 923.110(c)(2)(i)
of title 15, Code of Federal Regulations, or a similar successor
regulation.
SEC. 903. PURPOSES AND AGREEMENTS.

(a) PURPOSES.—The purposes of this title are to better understand and utilize the oceans, coasts, and Great Lakes of the United
States, and ensure present and future generations will benefit
from the full range of ecological, economic, social, and recreational
opportunities, security, and services these resources are capable
of providing.
(b) AGREEMENTS.—The Administrator and the Foundation may
enter into such agreements as may be necessary to carry out the
purposes of this title.
SEC. 904. NATIONAL OCEANS AND COASTAL SECURITY FUND.

(a) ESTABLISHMENT.—The Administrator and the Foundation
are authorized to establish the National Oceans and Coastal Security Fund as a tax exempt fund to further the purposes of this
title.
(b) DEPOSITS.—

H. R. 2029—791
(1) IN GENERAL.—There shall be deposited into the Fund
amounts appropriated or otherwise made available to carry
out this title.
(2) PROHIBITIONS ON DONATIONS FROM FOREIGN GOVERNMENTS.—No amounts donated by a foreign government, as
defined in section 7342 of title 5, United States Code, may
be deposited into the Fund.
(c) REQUIREMENTS.—Any amounts received by the Foundation
pursuant to this title shall be subject to the provisions of the
National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701 et seq.), except the provisions of—
(1) section 4(e)(1)(B) of that Act (16 U.S.C. 3703(e)(1)(B));
and
(2) section 10(a) of that Act (16 U.S.C. 3709(a)).
(d) EXPENDITURE.—Of the amounts deposited into the Fund
for each fiscal year—
(1) funds may be used by the Foundation to award grants
to coastal States under section 906(b);
(2) funds may be used by the Foundation to award grants
under section 906(c);
(3) no more than 2 percent may be used by the Administrator and the Foundation for administrative expenses to carry
out this title, which amount shall be divided between the
Administrator and the Foundation pursuant to an agreement
reached and documented by both the Administrator and the
Foundation.
(e) RECOVERY OF PAYMENTS.—After notice and an opportunity
for a hearing, the Administrator is authorized to recover any Federal payments under this section if the Foundation—
(1) makes a withdrawal or expenditure from the Fund
that is not consistent with the requirements of section 905;
or
(2) fails to comply with a procedure, measure, method,
or standard established under section 906(a)(1).
SEC. 905. ELIGIBLE USES.

(a) IN GENERAL.—Amounts in the Fund may be allocated by
the Foundation to support programs and activities intended to
better understand and utilize ocean and coastal resources and
coastal infrastructure, including baseline scientific research, ocean
observing, and other programs and activities carried out in coordination with Federal and State departments or agencies.
(b) PROHIBITION ON USE OF FUNDS FOR LITIGATION OR OTHER
PURPOSES.—No funds made available under this title may be used
to—
(1) fund litigation against the Federal Government; or
(2) fund the creation of national marine monuments and
marine protected areas, marine spatial planning, or the
National Ocean Policy.
SEC. 906. GRANTS.

(a) ADMINISTRATION OF GRANTS.—
(1) IN GENERAL.—Not later than 90 days after funds are
deposited into the Fund and made available to the Foundation
for administrative purposes, the Foundation shall establish the
following:
(A) Application and review procedures for the awarding
of grants under this section, including requirements

H. R. 2029—792
ensuring that any amounts awarded under such subsections may only be used for an eligible use described
under section 905.
(B) Selection procedures and criteria for the awarding
of grants under this section that—
(i) require consultation with the Administrator and
the Secretary of the Interior; and
(ii) prioritize the projects or activities where nonFederal partners have committed to share the cost
of the project.
(C) Eligibility criteria for awarding grants—
(i) under subsection (b) to coastal States; and
(ii) under subsection (c) to—
(I) entities including States, local governments, and Indian tribes; and
(II) the research and restoration work of
associations,
nongovernmental
organizations,
public-private partnerships, and academic institutions.
(D) Performance accountability and monitoring measures for programs and activities funded by a grant awarded
under subsection (b) or (c).
(E) Procedures and methods to ensure accurate
accounting and appropriate administration of grants
awarded under this section, including standards of recordkeeping.
(F) Procedures to carry out audits of the Fund as
necessary, but not less frequently than once every year
if grants have been awarded in that year.
(G) Procedures to carry out audits of the recipients
of grants under this section.
(H) Procedures to make publicly available on the Internet a list of all projects funded by the Fund, that includes
at a minimum the grant recipient, grant amount, project
description, and project status.
(2) APPROVAL.—The Foundation shall submit to the
Administrator for approval each procedure, measure, method,
and standard established under paragraph (1).
(b) GRANTS TO COASTAL STATES.—
(1) IN GENERAL.—The Administrator and the Foundation
may award grants according to the procedures established in
subsection (a) to coastal States and United States territories
to support activities consistent with section 904. In determining
distribution of grants, the Foundation may—
(A) consider for each State—
(i) percent of total United States shoreline miles;
(ii) coastal population density; and
(iii) other factors;
(B) establish criteria for States, including the requirement for a State to establish a plan to distribute the
funds; and
(C) establish a maximum and minimum percentage
of funding to be awarded to each State or United States
territory.
(2) INDIAN TRIBES.—As a condition on receipt of a grant
under this subsection, a State that receives a grant under
this subsection shall ensure that Indian tribes in the State

H. R. 2029—793
are eligible to participate in any competitive grants established
in this title.
(c) NATIONAL GRANTS FOR OCEANS, COASTS, AND GREAT
LAKES.—
(1) IN GENERAL.—The Administrator and the Foundation
may award grants according to the procedures established in
subsection (a) to support activities consistent with section 905.
(2) ADVISORY PANEL.—
(A) IN GENERAL.—The Foundation may establish an
advisory panel to conduct reviews of applications for grants
under paragraph (1) and the Foundation may consider
the recommendations of the advisory panel with respect
to such applications.
(B) MEMBERSHIP.—The advisory panel described under
subparagraph (A) shall include persons representing—
(i) ocean and coastal dependent industries;
(ii) geographic regions as defined by the Foundation; and
(iii) academic institutions.
SEC. 907. ANNUAL REPORT.

(a) REQUIREMENT FOR ANNUAL REPORT.—Subject to subsection
(c), beginning with fiscal year 2017, not later than 60 days after
the end of each fiscal year, the Foundation shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during that fiscal
year.
(b) CONTENT.—Each annual report submitted under subsection
(a) for a fiscal year shall include—
(1) a full and complete statement of the receipts, including
the source of all receipts, expenditures, and investments of
the Fund;
(2) a statement of the amounts deposited in the Fund
and the balance remaining in the Fund at the end of the
fiscal year; and
(3) a description of the expenditures made from the Fund
for the fiscal year, including the purpose of the expenditures.
SEC. 908. FUNDING.

There is authorized to be appropriated such sums as are necessary for fiscal years 2017, 2018, and 2019 for this title.

TITLE X—BUDGETARY PROVISIONS
SEC. 1001. BUDGETARY EFFECTS.

(a) STATUTORY PAYGO SCORECARDS.—The budgetary effects
of division M and each succeeding division shall not be entered
on either PAYGO scorecard maintained pursuant to section 4(d)
of the Statutory Pay-As-You-Go Act of 2010.
(b) SENATE PAYGO SCORECARDS.—The budgetary effects of
division M and each succeeding division shall not be entered on
any PAYGO scorecard maintained for purposes of section 201 of
S. Con. Res. 21 (110th Congress).
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the

H. R. 2029—794
joint explanatory statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the
budgetary effects of division M and each succeeding division shall
not be estimated—
(1) for purposes of section 251 of the such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
SEC. 1002. AUTHORITY TO MAKE ADJUSTMENT IN FY 2016 ALLOCATION.

(a) IN GENERAL.—After the date of enactment of this Act,
the chair of the Committee on the Budget of the House of Representatives may revise appropriate allocations, aggregates, and levels
established by Senate Concurrent Resolution 11 (114th Congress)
to achieve consistency with the Bipartisan Budget Act of 2015.
(b) EXERCISE OF RULEMAKING POWERS.—The House adopts the
provisions of this section—
(1) as an exercise of the rulemaking power of the House
of Representatives and as such they shall be considered as
part of the rules of the House of Representatives, and these
rules shall supersede other rules only to the extent that they
are inconsistent with other such rules; and
(2) with full recognition of the constitutional right of the
House of Representatives to change those rules at any time,
in the same manner, and to the same extent as in the case
of any other rule of the House of Representatives.
SEC. 1003. ESTIMATES.

Section 251(a)(7)(B) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(a)(7)(B)) is amended
in the first sentence by striking ‘‘the CBO estimate of that legislation, an OMB estimate of the amount of discretionary new budget
authority and outlays’’ and inserting ‘‘both the CBO and OMB
estimates of the amount of discretionary new budget authority’’.

TITLE XI—IRAQ LOAN AUTHORITY
SEC. 1101. IRAQ LOAN AUTHORITY.

(a) AUTHORITY.—During fiscal year 2016, direct loans under
section 23 of the Arms Export Control Act may be made available
for Iraq, gross obligations for the principal amounts of which shall
not exceed $2,700,000,000: Provided, That funds appropriated under
the heading ‘‘Foreign Military Financing Program’’ in title VIII
of the Department of State, Foreign Operations and Related Programs Appropriations Act, 2016 that are 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, may be made available for the
costs, as defined in section 502 of the Congressional Budget Act
of 1974, of direct loans, except that such funds may not be derived
from amounts specifically designated by such Acts for countries
other than Iraq: Provided further, That such costs, including the
cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, and may include the
costs of selling, reducing, or cancelling any amounts owed to the
United States or any agency of the United States by Iraq: Provided

H. R. 2029—795
further, That the Government of the United States may charge
fees for such loans, which shall be collected from borrowers in
accordance with section 502(7) of the Congressional Budget Act
of 1974: Provided further, That no funds made available to Iraq
by the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 or previous appropriations Acts
may be used for payment of any fees associated with such loans:
Provided further, That applicable provisions of section 3 of the
Arms Export Control Act relating to restrictions on transfers, retransfers and end-use shall apply to defense articles and services
purchased with such loans: Provided further, That, in consultation
with the Government of Iraq, special emphasis shall be placed
on assistance to covered groups (as defined in section 1223(e)(2)(D)
of Public Law 114–92) with the loans made available pursuant
to this paragraph: Provided further, That such loans shall be repaid
in not more than 12 years, including a grace period of up to
1 year on repayment of principal.
(b) CONSULTATION AND NOTIFICATION.—Funds made available
pursuant to this section shall be subject to prior consultation with
the appropriate congressional committees, and subject to the regular
notification procedures of the Committees on Appropriations.
(c) COMMITTEES.—For the purposes of this section, the terms
‘‘appropriate congressional committees’’ and ‘‘Committees on Appropriations’’ have the same meaning as used in the Department
of State, Foreign Operations and Related Programs Appropriations
Act, 2016.
(d) BUDGETARY EFFECTS.—Section 1001 of title X of this division
shall not apply to this section.

DIVISION P—TAX-RELATED PROVISIONS
SEC. 1. TABLE OF CONTENTS.

The table of contents for this division is as follows:
Sec. 1. Table of contents.
TITLE I—HIGH COST EMPLOYER-SPONSORED HEALTH COVERAGE EXCISE
TAX PROVISIONS
Sec. 101. Delay of excise tax on high cost employer-sponsored health coverage.
Sec. 102. Deductibility of excise tax on high cost employer-sponsored health coverage.
Sec. 103. Study on suitable benchmarks for age and gender adjustment of excise
tax on high cost employer-sponsored health coverage.
TITLE II—ANNUAL FEE ON HEALTH INSURANCE PROVIDERS
Sec. 201. Moratorium on annual fee on health insurance providers.
TITLE III—MISCELLANEOUS PROVISIONS
Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.

Extension and phaseout of credits for wind facilities.
Extension of election to treat qualified facilities as energy property.
Extension and phaseout of solar energy credit.
Extension and phaseout of credits with respect to qualified solar electric
property and qualified solar water heating property.
Sec. 305. Treatment of transportation costs of independent refiners.

H. R. 2029—796

TITLE I—HIGH COST EMPLOYER-SPONSORED HEALTH COVERAGE EXCISE
TAX PROVISIONS
SEC. 101. DELAY OF EXCISE TAX ON HIGH COST EMPLOYER-SPONSORED HEALTH COVERAGE.

(a) IN GENERAL.—Sections 9001(c) and 10901(c) of the Patient
Protection and Affordable Care Act, as amended by section 1401(b)
of the Health Care and Education Reconciliation Act of 2010, are
each amended by striking ‘‘2017’’ and inserting ‘‘2019’’.
(b) CONFORMING AMENDMENT.—Clause (v) of section
4980I(b)(3)(C) of the Internal Revenue Code of 1986 is amended—
(1) by striking ‘‘as in effect’’ and inserting ‘‘as determined
for’’, and
(2) by striking ‘‘as so in effect’’ and inserting ‘‘as so determined’’.
SEC. 102. DEDUCTIBILITY OF EXCISE TAX ON HIGH COST EMPLOYERSPONSORED HEALTH COVERAGE.

Paragraph (10) of section 4980I(f) of the Internal Revenue
Code of 1986 is amended to read as follows:
‘‘(10) DEDUCTIBILITY OF TAX.—Section 275(a)(6) shall not
apply to the tax imposed by subsection (a).’’.
SEC. 103. STUDY ON SUITABLE BENCHMARKS FOR AGE AND GENDER
ADJUSTMENT OF EXCISE TAX ON HIGH COST EMPLOYERSPONSORED HEALTH COVERAGE.

Not later than 18 months after the date of the enactment
of this Act, the Comptroller General of the United States, in consultation with the National Association of Insurance Commissioners, shall report to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of Representatives on—
(1) the suitability of the use (in effect under section
4980I(b)(3)(C)(iii)(II) of the Internal Revenue Code of 1986 as
of the date of the enactment of this Act) of the premium
cost of the Blue Cross/Blue Shield standard benefit option under
the Federal Employees Health Benefits Plan as a benchmark
for the age and gender adjustment of the applicable dollar
limit with respect to the excise tax on high cost employersponsored health coverage under section 4980I of the Internal
Revenue Code of 1986; and
(2) recommendations regarding any more suitable benchmarks for such age and gender adjustment.

TITLE II—ANNUAL FEE ON HEALTH
INSURANCE PROVIDERS
SEC. 201. MORATORIUM ON ANNUAL FEE ON HEALTH INSURANCE PROVIDERS.

Subsection (j) of section 9010 of the Patient Protection and
Affordable Care Act is amended to read as follows:
‘‘(j) EFFECTIVE DATE.—This section shall apply to calendar
years—

H. R. 2029—797
‘‘(1) beginning after December 31, 2013, and ending before
January 1, 2017, and
‘‘(2) beginning after December 31, 2017.’’.

TITLE III—MISCELLANEOUS
PROVISIONS
SEC. 301. EXTENSION AND PHASEOUT OF CREDITS FOR WIND FACILITIES.

(a) IN GENERAL.—
(1) EXTENSION.—Paragraph (1) of section 45(d) of the
Internal Revenue Code of 1986 is amended by striking ‘‘January
1, 2015’’ and inserting ‘‘January 1, 2020’’.
(2) PHASEOUT.—Subsection (b) of section 45 of such Code
is amended by adding at the end the following new paragraph:
‘‘(5) PHASEOUT OF CREDIT FOR WIND FACILITIES.—In the
case of any facility using wind to produce electricity, the amount
of the credit determined under subsection (a) (determined after
the application of paragraphs (1), (2), and (3) and without
regard to this paragraph) shall be reduced by—
‘‘(A) in the case of any facility the construction of
which begins after December 31, 2016, and before January
1, 2018, 20 percent,
‘‘(B) in the case of any facility the construction of
which begins after December 31, 2017, and before January
1, 2019, 40 percent, and
‘‘(C) in the case of any facility the construction of
which begins after December 31, 2018, and before January
1, 2020, 60 percent.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 1, 2015.
SEC. 302. EXTENSION OF ELECTION TO TREAT QUALIFIED FACILITIES
AS ENERGY PROPERTY.

(a) IN GENERAL.—Clause (ii) of section 48(a)(5)(C) is amended
by inserting ‘‘(January 1, 2020, in the case of any facility which
is described in paragraph (1) of section 45(d))’’ before ‘‘, and’’.
(b) PHASEOUT FOR WIND FACILITIES.—Paragraph (5) of section
48(a) is amended by adding at the end the following new subparagraph:
‘‘(E) PHASEOUT OF CREDIT FOR WIND FACILITIES.—In
the case of any facility using wind to produce electricity,
the amount of the credit determined under this section
(determined after the application of paragraphs (1) and
(2) and without regard to this subparagraph) shall be
reduced by—
‘‘(i) in the case of any facility the construction
of which begins after December 31, 2016, and before
January 1, 2018, 20 percent,
‘‘(ii) in the case of any facility the construction
of which begins after December 31, 2017, and before
January 1, 2019, 40 percent, and
‘‘(iii) in the case of any facility the construction
of which begins after December 31, 2018, and before
January 1, 2020, 60 percent.’’.

H. R. 2029—798
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 1, 2015.
SEC. 303. EXTENSION AND PHASEOUT OF SOLAR ENERGY CREDIT.

(a) EXTENSION.—Subclause (II) of section 48(a)(2)(A)(i) of the
Internal Revenue Code of 1986 is amended by striking ‘‘periods
ending before January 1, 2017’’ and inserting ‘‘property the
construction of which begins before January 1, 2022’’.
(b) PHASEOUT FOR SOLAR ENERGY PROPERTY.—Subsection (a)
of section 48 of such Code is amended by adding at the end the
following new paragraph:
‘‘(6) PHASEOUT FOR SOLAR ENERGY PROPERTY.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), in the
case of any energy property described in paragraph (3)(A)(i)
the construction of which begins before January 1, 2022,
the energy percentage determined under paragraph (2)
shall be equal to—
‘‘(i) in the case of any property the construction
of which begins after December 31, 2019, and before
January 1, 2021, 26 percent, and
‘‘(ii) in the case of any property the construction
of which begins after December 31, 2020, and before
January 1, 2022, 22 percent.
‘‘(B) PLACED IN SERVICE DEADLINE.—In the case of any
property energy property described in paragraph (3)(A)(i)
the construction of which begins before January 1, 2022,
and which is not placed in service before January 1, 2024,
the energy percentage determined under paragraph (2)
shall be equal to 10 percent.’’.
(c) CONFORMING AMENDMENT.—Subparagraph (A) of section
48(a)(2) of such Code is amended by striking ‘‘The energy percentage’’ and inserting ‘‘Except as provided in paragraph (6), the energy
percentage’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 304. EXTENSION AND PHASEOUT OF CREDITS WITH RESPECT
TO QUALIFIED SOLAR ELECTRIC PROPERTY AND QUALIFIED SOLAR WATER HEATING PROPERTY.

(a) IN GENERAL.—Section 25D of the Internal Revenue Code
of 1986 is amended—
(1) in paragraphs (1) and (2) of subsection (a), by striking
‘‘30 percent’’ each place it appears and inserting ‘‘the applicable
percentage’’,
(2) in subsection (g), by inserting ‘‘(December 31, 2021,
in the case of any qualified solar electric property expenditures
and qualified solar water heating property expenditures)’’ before
the period at the end,
(3) by redesignating subsection (g), as amended by paragraph (2), as subsection (h), and
(4) by inserting after subsection (f) the following new subsection:
‘‘(g) APPLICABLE PERCENTAGE.—For purposes of paragraphs (1)
and (2) of subsection (a), the applicable percentage shall be—
‘‘(1) in the case of property placed in service after December
31, 2016, and before January 1, 2020, 30 percent,
‘‘(2) in the case of property placed in service after December
31, 2019, and before January 1, 2021, 26 percent, and

H. R. 2029—799
‘‘(3) in the case of property placed in service after December
31, 2020, and before January 1, 2022, 22 percent.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 1, 2017.
SEC. 305. TREATMENT OF TRANSPORTATION COSTS OF INDEPENDENT
REFINERS.

(a) IN GENERAL.—Paragraph (3) of section 199(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following
new subparagraph:
‘‘(C) TRANSPORTATION COSTS OF INDEPENDENT
REFINERS.—
‘‘(i) IN GENERAL.—In the case of any taxpayer who
is in the trade or business of refining crude oil and
who is not a major integrated oil company (as defined
in section 167(h)(5)(B), determined without regard to
clause (iii) thereof) for the taxable year, in computing
oil related qualified production activities income under
subsection (d)(9)(B), the amount allocated to domestic
production gross receipts under paragraph (1)(B) for
costs related to the transportation of oil shall be 25
percent of the amount properly allocable under such
paragraph (determined without regard to this subparagraph).
‘‘(ii) TERMINATION.—Clause (i) shall not apply to
any taxable year beginning after December 31, 2021.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2015.

DIVISION Q—PROTECTING AMERICANS
FROM TAX HIKES ACT OF 2015
SECTION 1. SHORT TITLE, ETC.

(a) SHORT TITLE.—This division may be cited as the ‘‘Protecting
Americans from Tax Hikes Act of 2015’’.
(b) AMENDMENT OF 1986 CODE.—Except as otherwise expressly
provided, whenever in this division an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made
to a section or other provision of the Internal Revenue Code of
1986.
(c) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
DIVISION Q—PROTECTING AMERICANS FROM TAX HIKES ACT OF 2015
Sec. 1. Short title, etc.
TITLE I—EXTENDERS
Subtitle A—Permanent Extensions
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.

Sec. 105.

PART 1—TAX RELIEF FOR FAMILIES AND INDIVIDUALS
Enhanced child tax credit made permanent.
Enhanced American opportunity tax credit made permanent.
Enhanced earned income tax credit made permanent.
Extension and modification of deduction for certain expenses of elementary and secondary school teachers.
Extension of parity for exclusion from income for employer-provided mass
transit and parking benefits.

H. R. 2029—800
Sec. 106. Extension of deduction of State and local general sales taxes.
PART 2—INCENTIVES FOR CHARITABLE GIVING
Sec. 111. Extension and modification of special rule for contributions of capital gain
real property made for conservation purposes.
Sec. 112. Extension of tax-free distributions from individual retirement plans for
charitable purposes.
Sec. 113. Extension and modification of charitable deduction for contributions of
food inventory.
Sec. 114. Extension of modification of tax treatment of certain payments to controlling exempt organizations.
Sec. 115. Extension of basis adjustment to stock of S corporations making charitable contributions of property.
PART 3—INCENTIVES FOR GROWTH, JOBS, INVESTMENT, AND INNOVATION
Sec. 121. Extension and modification of research credit.
Sec. 122. Extension and modification of employer wage credit for employees who
are active duty members of the uniformed services.
Sec. 123. Extension of 15-year straight-line cost recovery for qualified leasehold improvements, qualified restaurant buildings and improvements, and
qualified retail improvements.
Sec. 124. Extension and modification of increased expensing limitations and treatment of certain real property as section 179 property.
Sec. 125. Extension of treatment of certain dividends of regulated investment companies.
Sec. 126. Extension of exclusion of 100 percent of gain on certain small business
stock.
Sec. 127. Extension of reduction in S-corporation recognition period for built-in
gains tax.
Sec. 128. Extension of subpart F exception for active financing income.
PART 4—INCENTIVES FOR REAL ESTATE INVESTMENT
Sec. 131. Extension of minimum low-income housing tax credit rate for non-Federally subsidized buildings.
Sec. 132. Extension of military housing allowance exclusion for determining whether a tenant in certain counties is low-income.
Sec. 133. Extension of RIC qualified investment entity treatment under FIRPTA.
Sec.
Sec.
Sec.
Sec.

141.
142.
143.
144.

Subtitle B—Extensions Through 2019
Extension of new markets tax credit.
Extension and modification of work opportunity tax credit.
Extension and modification of bonus depreciation.
Extension of look-thru treatment of payments between related controlled
foreign corporations under foreign personal holding company rules.
Subtitle C—Extensions Through 2016

PART 1—TAX RELIEF FOR FAMILIES AND INDIVIDUALS
Sec. 151. Extension and modification of exclusion from gross income of discharge of
qualified principal residence indebtedness.
Sec. 152. Extension of mortgage insurance premiums treated as qualified residence
interest.
Sec. 153. Extension of above-the-line deduction for qualified tuition and related expenses.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

PART 2—INCENTIVES FOR GROWTH, JOBS, INVESTMENT, AND INNOVATION
Extension of Indian employment tax credit.
Extension and modification of railroad track maintenance credit.
Extension of mine rescue team training credit.
Extension of qualified zone academy bonds.
Extension of classification of certain race horses as 3-year property.
Extension of 7-year recovery period for motorsports entertainment complexes.
167. Extension and modification of accelerated depreciation for business property on an Indian reservation.
168. Extension of election to expense mine safety equipment.
169. Extension of special expensing rules for certain film and television productions; special expensing for live theatrical productions.
170. Extension of deduction allowable with respect to income attributable to
domestic production activities in Puerto Rico.
161.
162.
163.
164.
165.
166.

H. R. 2029—801
Sec. 171. Extension and modification of empowerment zone tax incentives.
Sec. 172. Extension of temporary increase in limit on cover over of rum excise taxes
to Puerto Rico and the Virgin Islands.
Sec. 173. Extension of American Samoa economic development credit.
Sec. 174. Moratorium on medical device excise tax.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

PART 3—INCENTIVES FOR ENERGY PRODUCTION AND CONSERVATION
181. Extension and modification of credit for nonbusiness energy property.
182. Extension of credit for alternative fuel vehicle refueling property.
183. Extension of credit for 2-wheeled plug-in electric vehicles.
184. Extension of second generation biofuel producer credit.
185. Extension of biodiesel and renewable diesel incentives.
186. Extension and modification of production credit for Indian coal facilities.
187. Extension of credits with respect to facilities producing energy from certain renewable resources.
188. Extension of credit for energy-efficient new homes.
189. Extension of special allowance for second generation biofuel plant property.
190. Extension of energy efficient commercial buildings deduction.
191. Extension of special rule for sales or dispositions to implement FERC or
State electric restructuring policy for qualified electric utilities.
192. Extension of excise tax credits relating to alternative fuels.
193. Extension of credit for new qualified fuel cell motor vehicles.

TITLE II—PROGRAM INTEGRITY
Sec. 201. Modification of filing dates of returns and statements relating to employee wage information and nonemployee compensation to improve
compliance.
Sec. 202. Safe harbor for de minimis errors on information returns and payee statements.
Sec. 203. Requirements for the issuance of ITINs.
Sec. 204. Prevention of retroactive claims of earned income credit after issuance of
social security number.
Sec. 205. Prevention of retroactive claims of child tax credit.
Sec. 206. Prevention of retroactive claims of American opportunity tax credit.
Sec. 207. Procedures to reduce improper claims.
Sec. 208. Restrictions on taxpayers who improperly claimed credits in prior year.
Sec. 209. Treatment of credits for purposes of certain penalties.
Sec. 210. Increase the penalty applicable to paid tax preparers who engage in willful or reckless conduct.
Sec. 211. Employer identification number required for American opportunity tax
credit.
Sec. 212. Higher education information reporting only to include qualified tuition
and related expenses actually paid.
TITLE III—MISCELLANEOUS PROVISIONS
Subtitle A—Family Tax Relief
Exclusion for amounts received under the Work Colleges Program.
Improvements to section 529 accounts.
Elimination of residency requirement for qualified ABLE programs.
Exclusion for wrongfully incarcerated individuals.
Clarification of special rule for certain governmental plans.
Rollovers permitted from other retirement plans into simple retirement
accounts.
Sec. 307. Technical amendment relating to rollover of certain airline payment
amounts.
Sec. 308. Treatment of early retirement distributions for nuclear materials couriers, United States Capitol Police, Supreme Court Police, and diplomatic
security special agents.
Sec. 309. Prevention of extension of tax collection period for members of the Armed
Forces who are hospitalized as a result of combat zone injuries.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.
305.
306.

Subtitle B—Real Estate Investment Trusts
Sec. 311. Restriction on tax-free spinoffs involving REITs.
Sec. 312. Reduction in percentage limitation on assets of REIT which may be taxable REIT subsidiaries.
Sec. 313. Prohibited transaction safe harbors.
Sec. 314. Repeal of preferential dividend rule for publicly offered REITs.
Sec. 315. Authority for alternative remedies to address certain REIT distribution
failures.

H. R. 2029—802
Sec. 316. Limitations on designation of dividends by REITs.
Sec. 317. Debt instruments of publicly offered REITs and mortgages treated as real
estate assets.
Sec. 318. Asset and income test clarification regarding ancillary personal property.
Sec. 319. Hedging provisions.
Sec. 320. Modification of REIT earnings and profits calculation to avoid duplicate
taxation.
Sec. 321. Treatment of certain services provided by taxable REIT subsidiaries.
Sec. 322. Exception from FIRPTA for certain stock of REITs.
Sec. 323. Exception for interests held by foreign retirement or pension funds.
Sec. 324. Increase in rate of withholding of tax on dispositions of United States real
property interests.
Sec. 325. Interests in RICs and REITs not excluded from definition of United
States real property interests.
Sec. 326. Dividends derived from RICs and REITs ineligible for deduction for
United States source portion of dividends from certain foreign corporations.
Subtitle C—Additional Provisions
Sec. 331. Deductibility of charitable contributions to agricultural research organizations.
Sec. 332. Removal of bond requirements and extending filing periods for certain
taxpayers with limited excise tax liability.
Sec. 333. Modifications to alternative tax for certain small insurance companies.
Sec. 334. Treatment of timber gains.
Sec. 335. Modification of definition of hard cider.
Sec. 336. Church plan clarification.
Subtitle D—Revenue Provisions
Sec. 341. Updated ASHRAE standards for energy efficient commercial buildings deduction.
Sec. 342. Excise tax credit equivalency for liquified petroleum gas and liquified natural gas.
Sec. 343. Exclusion from gross income of certain clean coal power grants to noncorporate taxpayers.
Sec. 344. Clarification of valuation rule for early termination of certain charitable
remainder unitrusts.
Sec. 345. Prevention of transfer of certain losses from tax indifferent parties.
Sec. 346. Treatment of certain persons as employers with respect to motion picture
projects.
TITLE IV—TAX ADMINISTRATION
Sec. 401.
Sec. 402.
Sec. 403.
Sec. 404.
Sec. 405.
Sec. 406.
Sec. 407.
Sec. 408.
Sec. 409.
Sec. 410.
Sec. 411.

Subtitle A—Internal Revenue Service Reforms
Duty to ensure that Internal Revenue Service employees are familiar
with and act in accord with certain taxpayer rights.
IRS employees prohibited from using personal email accounts for official
business.
Release of information regarding the status of certain investigations.
Administrative appeal relating to adverse determinations of tax-exempt
status of certain organizations.
Organizations required to notify Secretary of intent to operate under
501(c)(4).
Declaratory judgments for 501(c)(4) and other exempt organizations.
Termination of employment of Internal Revenue Service employees for
taking official actions for political purposes.
Gift tax not to apply to contributions to certain exempt organizations.
Extend Internal Revenue Service authority to require truncated Social Security numbers on Form W–2.
Clarification of enrolled agent credentials.
Partnership audit rules.
Subtitle B—United States Tax Court

Sec.
Sec.
Sec.
Sec.

421.
422.
423.
424.

Sec. 425.

PART 1—TAXPAYER ACCESS TO UNITED STATES TAX COURT
Filing period for interest abatement cases.
Small tax case election for interest abatement cases.
Venue for appeal of spousal relief and collection cases.
Suspension of running of period for filing petition of spousal relief and
collection cases.
Application of Federal rules of evidence.

H. R. 2029—803
PART 2—UNITED STATES TAX COURT ADMINISTRATION
Sec. 431. Judicial conduct and disability procedures.
Sec. 432. Administration, judicial conference, and fees.
PART 3—CLARIFICATION RELATING TO UNITED STATES TAX COURT
Sec. 441. Clarification relating to United States Tax Court.
TITLE V—TRADE-RELATED PROVISIONS
Sec. 501. Modification of effective date of provisions relating to tariff classification
of recreational performance outerwear.
Sec. 502. Agreement by Asia-Pacific Economic Cooperation members to reduce
rates of duty on certain environmental goods.
TITLE VI—BUDGETARY EFFECTS
Sec. 601. Budgetary effects.

TITLE I—EXTENDERS
Subtitle A—Permanent Extensions
PART 1—TAX RELIEF FOR FAMILIES AND
INDIVIDUALS
SEC. 101. ENHANCED CHILD TAX CREDIT MADE PERMANENT.

(a) IN GENERAL.—Section 24(d)(1)(B)(i) is amended by striking
‘‘$10,000’’ and inserting ‘‘$3,000’’.
(b) CONFORMING AMENDMENT.—Section 24(d) is amended by
striking paragraphs (3) and (4).
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after the date of the enactment of this Act.
SEC. 102. ENHANCED AMERICAN OPPORTUNITY TAX CREDIT MADE
PERMANENT.

(a) IN GENERAL.—Section 25A(i) is amended by striking ‘‘and
before 2018’’.
(b) TREATMENT OF POSSESSIONS.—Section 1004(c)(1) of division
B of the American Recovery and Reinvestment Tax Act of 2009
by striking ‘‘and before 2018’’ each place it appears.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after the date of the enactment of this Act.
SEC. 103. ENHANCED EARNED INCOME TAX CREDIT MADE PERMANENT.

(a) INCREASE IN CREDIT PERCENTAGE FOR 3 OR MORE QUALICHILDREN MADE PERMANENT.—Section 32(b)(1) is amended
to read as follows:
‘‘(1) PERCENTAGES.—The credit percentage and the phaseout percentage shall be determined as follows:
FYING

‘‘In the case of
an eligible individual with:

The credit
percentage is:

1 qualifying child ........................
2 qualifying children ..................
3 or more qualifying children ....

34
40
45

The phaseout
percentage is:
15.98
21.06
21.06

H. R. 2029—804
‘‘In the case of
an eligible individual with:

The credit
percentage is:

No qualifying children ...............

7.65

The phaseout
percentage is:
7.65’’.

(b) REDUCTION OF MARRIAGE PENALTY MADE PERMANENT.—
(1) IN GENERAL.—Section 32(b)(2)(B) is amended to read
as follows:
‘‘(B) JOINT RETURNS.—
‘‘(i) IN GENERAL.—In the case of a joint return
filed by an eligible individual and such individual’s
spouse, the phaseout amount determined under
subparagraph (A) shall be increased by $5,000.
‘‘(ii) INFLATION ADJUSTMENT.—In the case of any
taxable year beginning after 2015, the $5,000 amount
in clause (i) shall be increased by an amount equal
to—
‘‘(I) such dollar amount, multiplied by
‘‘(II) the cost of living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins determined by substituting
‘calendar year 2008’ for ‘calendar year 1992’ in
subparagraph (B) thereof.
‘‘(iii) ROUNDING.—Subparagraph (A) of subsection
(j)(2) shall apply after taking into account any increase
under clause (ii).’’.
(c) CONFORMING AMENDMENT.—Section 32(b) is amended by
striking paragraph (3).
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2015.
SEC. 104. EXTENSION AND MODIFICATION OF DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND SECONDARY
SCHOOL TEACHERS.

(a) DEDUCTION MADE PERMANENT.—Section 62(a)(2)(D) is
amended by striking ‘‘In the case of taxable years beginning during
2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,
2013, or 2014, the deductions’’ and inserting ‘‘The deductions’’.
(b) INFLATION ADJUSTMENT.—Section 62(d) is amended by
adding at the end the following new paragraph:
‘‘(3) INFLATION ADJUSTMENT.—In the case of any taxable
year beginning after 2015, the $250 amount in subsection
(a)(2)(D) shall be increased by an amount equal to—
‘‘(A) such dollar amount, multiplied by
‘‘(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting ‘calendar year
2014’ for ‘calendar year 1992’ in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall
be rounded to the nearest multiple of $50.’’.
(c)
PROFESSIONAL
DEVELOPMENT
EXPENSES.—Section
62(a)(2)(D) is amended—
(1) by striking ‘‘educator in connection’’ and all that follows
and inserting ‘‘educator—’’, and
(2) by inserting at the end the following:

H. R. 2029—805
‘‘(i) by reason of the participation of the educator
in professional development courses related to the curriculum in which the educator provides instruction or
to the students for which the educator provides instruction, and
‘‘(ii) in connection with books, supplies (other than
nonathletic supplies for courses of instruction in health
or physical education), computer equipment (including
related software and services) and other equipment,
and supplementary materials used by the eligible
educator in the classroom.’’.
(d) EFFECTIVE DATES.—
(1) EXTENSION.—The amendment made by subsection (a)
shall apply to taxable years beginning after December 31, 2014.
(2) MODIFICATIONS.—The amendments made by subsections
(b) and (c) shall apply to taxable years beginning after
December 31, 2015.
SEC. 105. EXTENSION OF PARITY FOR EXCLUSION FROM INCOME FOR
EMPLOYER-PROVIDED MASS TRANSIT AND PARKING
BENEFITS.

(a) MASS TRANSIT AND PARKING PARITY.—Section 132(f)(2) is
amended—
(1) by striking ‘‘$100’’ in subparagraph (A) and inserting
‘‘$175’’, and
(2) by striking the last sentence.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to months after December 31, 2014.
SEC. 106. EXTENSION OF DEDUCTION OF STATE AND LOCAL GENERAL
SALES TAXES.

(a) IN GENERAL.—Section 164(b)(5) is amended by striking
subparagraph (I).
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2014.

PART 2—INCENTIVES FOR CHARITABLE
GIVING
SEC. 111. EXTENSION AND MODIFICATION OF SPECIAL RULE FOR CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE
FOR CONSERVATION PURPOSES.

(a) MADE PERMANENT.—
(1) INDIVIDUALS.—Section 170(b)(1)(E) is amended by
striking clause (vi).
(2) CORPORATIONS.—Section 170(b)(2)(B) is amended by
striking clause (iii).
(b) CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE
FOR CONSERVATION PURPOSES BY NATIVE CORPORATIONS.—
(1) IN GENERAL.—Section 170(b)(2) is amended by redesignating subparagraph (C) as subparagraph (D), and by inserting
after subparagraph (B) the following new subparagraph:
‘‘(C) QUALIFIED CONSERVATION CONTRIBUTIONS BY CERTAIN NATIVE CORPORATIONS.—
‘‘(i) IN GENERAL.—Any qualified conservation contribution (as defined in subsection (h)(1)) which—
‘‘(I) is made by a Native Corporation, and

H. R. 2029—806
‘‘(II) is a contribution of property which was
land conveyed under the Alaska Native Claims
Settlement Act,
shall be allowed to the extent that the aggregate
amount of such contributions does not exceed the
excess of the taxpayer’s taxable income over the
amount of charitable contributions allowable under
subparagraph (A).
‘‘(ii) CARRYOVER.—If the aggregate amount of contributions described in clause (i) exceeds the limitation
of clause (i), such excess shall be treated (in a manner
consistent with the rules of subsection (d)(2)) as a
charitable contribution to which clause (i) applies in
each of the 15 succeeding taxable years in order of
time.
‘‘(iii) NATIVE CORPORATION.—For purposes of this
subparagraph, the term ‘Native Corporation’ has the
meaning given such term by section 3(m) of the Alaska
Native Claims Settlement Act.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 170(b)(2)(A) is amended by striking
‘‘subparagraph (B) applies’’ and inserting ‘‘subparagraph
(B) or (C) applies’’.
(B) Section 170(b)(2)(B)(ii) is amended by striking ‘‘15
succeeding years’’ and inserting ‘‘15 succeeding taxable
years’’.
(3) VALID EXISTING RIGHTS PRESERVED.—Nothing in this
subsection (or any amendment made by this subsection) shall
be construed to modify the existing property rights validly
conveyed to Native Corporations (within the meaning of section
3(m) of the Alaska Native Claims Settlement Act) under such
Act.
(c) EFFECTIVE DATES.—
(1) EXTENSION.—The amendments made by subsection (a)
shall apply to contributions made in taxable years beginning
after December 31, 2014.
(2) MODIFICATION.—The amendments made by subsection
(b) shall apply to contributions made in taxable years beginning
after December 31, 2015.
SEC. 112. EXTENSION OF TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL
RETIREMENT PLANS FOR CHARITABLE PURPOSES.

(a) IN GENERAL.—Section 408(d)(8) is amended by striking
subparagraph (F).
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to distributions made in taxable years beginning after
December 31, 2014.
SEC. 113. EXTENSION AND MODIFICATION OF CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF FOOD INVENTORY.

(a) PERMANENT EXTENSION.—Section 170(e)(3)(C) is amended
by striking clause (iv).
(b) MODIFICATIONS.—Section 170(e)(3)(C), as amended by subsection (a), is amended by striking clause (ii), by redesignating
clause (iii) as clause (vi), and by inserting after clause (i) the
following new clauses:

H. R. 2029—807
‘‘(ii) LIMITATION.—The aggregate amount of such
contributions for any taxable year which may be taken
into account under this section shall not exceed—
‘‘(I) in the case of any taxpayer other than
a C corporation, 15 percent of the taxpayer’s aggregate net income for such taxable year from all
trades or businesses from which such contributions
were made for such year, computed without regard
to this section, and
‘‘(II) in the case of a C corporation, 15 percent
of taxable income (as defined in subsection
(b)(2)(D)).
‘‘(iii) RULES RELATED TO LIMITATION.—
‘‘(I) CARRYOVER.—If such aggregate amount
exceeds the limitation imposed under clause (ii),
such excess shall be treated (in a manner consistent with the rules of subsection (d)) as a charitable contribution described in clause (i) in each
of the 5 succeeding taxable years in order of time.
‘‘(II) COORDINATION WITH OVERALL CORPORATE
LIMITATION.—In the case of any charitable contribution which is allowable after the application
of clause (ii)(II), subsection (b)(2)(A) shall not apply
to such contribution, but the limitation imposed
by such subsection shall be reduced (but not below
zero) by the aggregate amount of such contributions. For purposes of subsection (b)(2)(B), such
contributions shall be treated as allowable under
subsection (b)(2)(A).
‘‘(iv) DETERMINATION OF BASIS FOR CERTAIN TAXPAYERS.—If a taxpayer—
‘‘(I) does not account for inventories under section 471, and
‘‘(II) is not required to capitalize indirect costs
under section 263A,
the taxpayer may elect, solely for purposes of subparagraph (B), to treat the basis of any apparently wholesome food as being equal to 25 percent of the fair
market value of such food.
‘‘(v) DETERMINATION OF FAIR MARKET VALUE.—In
the case of any such contribution of apparently wholesome food which cannot or will not be sold solely by
reason of internal standards of the taxpayer, lack of
market, or similar circumstances, or by reason of being
produced by the taxpayer exclusively for the purposes
of transferring the food to an organization described
in subparagraph (A), the fair market value of such
contribution shall be determined—
‘‘(I) without regard to such internal standards,
such lack of market, such circumstances, or such
exclusive purpose, and
‘‘(II) by taking into account the price at which
the same or substantially the same food items
(as to both type and quality) are sold by the taxpayer at the time of the contribution (or, if not
so sold at such time, in the recent past).’’
(c) EFFECTIVE DATES.—

H. R. 2029—808
(1) EXTENSION.—The amendment made by subsection (a)
shall apply to contributions made after December 31, 2014.
(2) MODIFICATIONS.—The amendments made by subsection
(b) shall apply to taxable years beginning after December 31,
2015.
SEC. 114. EXTENSION OF MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS TO CONTROLLING EXEMPT ORGANIZATIONS.

(a) IN GENERAL.—Section 512(b)(13)(E) is amended by striking
clause (iv).
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to payments received or accrued after December 31,
2014.
SEC. 115. EXTENSION OF BASIS ADJUSTMENT TO STOCK OF S CORPORATIONS MAKING CHARITABLE CONTRIBUTIONS OF
PROPERTY.

(a) IN GENERAL.—Section 1367(a)(2) is amended by striking
the last sentence.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to contributions made in taxable years beginning after
December 31, 2014.

PART 3—INCENTIVES FOR GROWTH, JOBS,
INVESTMENT, AND INNOVATION
SEC. 121. EXTENSION AND MODIFICATION OF RESEARCH CREDIT.

(a) MADE PERMANENT.—
(1) IN GENERAL.—Section 41 is amended by striking subsection (h).
(2) CONFORMING AMENDMENT.—Section 45C(b)(1) is
amended by striking subparagraph (D).
(b) CREDIT ALLOWED AGAINST ALTERNATIVE MINIMUM TAX IN
CASE OF ELIGIBLE SMALL BUSINESS.—Section 38(c)(4)(B) is amended
by redesignating clauses (ii) through (ix) as clauses (iii) through
(x), respectively, and by inserting after clause (i) the following
new clause:
‘‘(ii) the credit determined under section 41 for
the taxable year with respect to an eligible small business (as defined in paragraph (5)(C), after application
of rules similar to the rules of paragraph (5)(D)),’’.
(c) TREATMENT OF RESEARCH CREDIT FOR CERTAIN STARTUP
COMPANIES.—
(1) IN GENERAL.—Section 41, as amended by subsection
(a), is amended by adding at the end the following new subsection:
‘‘(h) TREATMENT OF CREDIT FOR QUALIFIED SMALL
BUSINESSES.—
‘‘(1) IN GENERAL.—At the election of a qualified small business for any taxable year, section 3111(f) shall apply to the
payroll tax credit portion of the credit otherwise determined
under subsection (a) for the taxable year and such portion
shall not be treated (other than for purposes of section 280C)
as a credit determined under subsection (a).

H. R. 2029—809
‘‘(2) PAYROLL TAX CREDIT PORTION.—For purposes of this
subsection, the payroll tax credit portion of the credit determined under subsection (a) with respect to any qualified small
business for any taxable year is the least of—
‘‘(A) the amount specified in the election made under
this subsection,
‘‘(B) the credit determined under subsection (a) for
the taxable year (determined before the application of this
subsection), or
‘‘(C) in the case of a qualified small business other
than a partnership or S corporation, the amount of the
business credit carryforward under section 39 carried from
the taxable year (determined before the application of this
subsection to the taxable year).
‘‘(3) QUALIFIED SMALL BUSINESS.—For purposes of this subsection—
‘‘(A) IN GENERAL.—The term ‘qualified small business’
means, with respect to any taxable year—
‘‘(i) a corporation or partnership, if—
‘‘(I) the gross receipts (as determined under
the rules of section 448(c)(3), without regard to
subparagraph (A) thereof) of such entity for the
taxable year is less than $5,000,000, and
‘‘(II) such entity did not have gross receipts
(as so determined) for any taxable year preceding
the 5-taxable-year period ending with such taxable
year, and
‘‘(ii) any person (other than a corporation or partnership) who meets the requirements of subclauses
(I) and (II) of clause (i), determined—
‘‘(I) by substituting ‘person’ for ‘entity’ each
place it appears, and
‘‘(II) by only taking into account the aggregate
gross receipts received by such person in carrying
on all trades or businesses of such person.
‘‘(B) LIMITATION.—Such term shall not include an
organization which is exempt from taxation under section
501.
‘‘(4) ELECTION.—
‘‘(A) IN GENERAL.—Any election under this subsection
for any taxable year—
‘‘(i) shall specify the amount of the credit to which
such election applies,
‘‘(ii) shall be made on or before the due date
(including extensions) of—
‘‘(I) in the case of a qualified small business
which is a partnership, the return required to
be filed under section 6031,
‘‘(II) in the case of a qualified small business
which is an S corporation, the return required
to be filed under section 6037, and
‘‘(III) in the case of any other qualified small
business, the return of tax for the taxable year,
and
‘‘(iii) may be revoked only with the consent of
the Secretary.
‘‘(B) LIMITATIONS.—

H. R. 2029—810
‘‘(i) AMOUNT.—The amount specified in any election made under this subsection shall not exceed
$250,000.
‘‘(ii) NUMBER OF TAXABLE YEARS.—A person may
not make an election under this subsection if such
person (or any other person treated as a single taxpayer with such person under paragraph (5)(A)) has
made an election under this subsection for 5 or more
preceding taxable years.
‘‘(C) SPECIAL RULE FOR PARTNERSHIPS AND S CORPORATIONS.—In the case of a qualified small business which
is a partnership or S corporation, the election made under
this subsection shall be made at the entity level.
‘‘(5) AGGREGATION RULES.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), all persons or entities treated as a single taxpayer
under subsection (f)(1) shall be treated as a single taxpayer
for purposes of this subsection.
‘‘(B) SPECIAL RULES.—For purposes of this subsection
and section 3111(f)—
‘‘(i) each of the persons treated as a single taxpayer
under subparagraph (A) may separately make the election under paragraph (1) for any taxable year, and
‘‘(ii) the $250,000 amount under paragraph (4)(B)(i)
shall be allocated among all persons treated as a single
taxpayer under subparagraph (A) in the same manner
as under subparagraph (A)(ii) or (B)(ii) of subsection
(f)(1), whichever is applicable.
‘‘(6) REGULATIONS.—The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes
of this subsection, including—
‘‘(A) regulations to prevent the avoidance of the purposes of the limitations and aggregation rules under this
subsection through the use of successor companies or other
means,
‘‘(B) regulations to minimize compliance and recordkeeping burdens under this subsection, and
‘‘(C) regulations for recapturing the benefit of credits
determined under section 3111(f) in cases where there is
a subsequent adjustment to the payroll tax credit portion
of the credit determined under subsection (a), including
requiring amended income tax returns in the cases where
there is such an adjustment.’’.
(2) CREDIT ALLOWED AGAINST FICA TAXES.—Section 3111
is amended by adding at the end the following new subsection:
‘‘(f) CREDIT FOR RESEARCH EXPENDITURES OF QUALIFIED SMALL
BUSINESSES.—
‘‘(1) IN GENERAL.—In the case of a taxpayer who has made
an election under section 41(h) for a taxable year, there shall
be allowed as a credit against the tax imposed by subsection
(a) for the first calendar quarter which begins after the date
on which the taxpayer files the return specified in section
41(h)(4)(A)(ii) an amount equal to the payroll tax credit portion
determined under section 41(h)(2).
‘‘(2) LIMITATION.—The credit allowed by paragraph (1) shall
not exceed the tax imposed by subsection (a) for any calendar

H. R. 2029—811
quarter on the wages paid with respect to the employment
of all individuals in the employ of the employer.
‘‘(3) CARRYOVER OF UNUSED CREDIT.—If the amount of the
credit under paragraph (1) exceeds the limitation of paragraph
(2) for any calendar quarter, such excess shall be carried to
the succeeding calendar quarter and allowed as a credit under
paragraph (1) for such quarter.
‘‘(4) DEDUCTION ALLOWED FOR CREDITED AMOUNTS.—The
credit allowed under paragraph (1) shall not be taken into
account for purposes of determining the amount of any deduction allowed under chapter 1 for taxes imposed under subsection
(a).’’.
(d) EFFECTIVE DATES.—
(1) EXTENSION.—The amendments made by subsection (a)
shall apply to shall apply to amounts paid or incurred after
December 31, 2014.
(2) CREDIT ALLOWED AGAINST ALTERNATIVE MINIMUM TAX
IN CASE OF ELIGIBLE SMALL BUSINESS.—The amendments made
by subsection (b) shall apply to credits determined for taxable
years beginning after December 31, 2015.
(3) TREATMENT OF RESEARCH CREDIT FOR CERTAIN STARTUP
COMPANIES.—The amendments made by subsection (c) shall
apply to taxable years beginning after December 31, 2015.
SEC. 122. EXTENSION AND MODIFICATION OF EMPLOYER WAGE
CREDIT FOR EMPLOYEES WHO ARE ACTIVE DUTY MEMBERS OF THE UNIFORMED SERVICES.

(a) IN GENERAL.—Section 45P is amended by striking subsection
(f).
(b) APPLICABILITY TO ALL EMPLOYERS.—
(1) IN GENERAL.—Section 45P(a) is amended by striking
‘‘, in the case of an eligible small business employer’’.
(2) CONFORMING AMENDMENT.—Section 45P(b)(3) is
amended to read as follows:
‘‘(3) CONTROLLED GROUPS.—All persons treated as a single
employer under subsection (b), (c), (m), or (o) of section 414
shall be treated as a single employer.’’.
(c) EFFECTIVE DATE.—
(1) EXTENSION.—The amendment made by subsection (a)
shall apply to payments made after December 31, 2014.
(2) MODIFICATION.—The amendments made by subsection
(b) shall apply to taxable years beginning after December 31,
2015.
SEC. 123. EXTENSION OF 15-YEAR STRAIGHT-LINE COST RECOVERY
FOR QUALIFIED LEASEHOLD IMPROVEMENTS, QUALIFIED
RESTAURANT BUILDINGS AND IMPROVEMENTS, AND
QUALIFIED RETAIL IMPROVEMENTS.

(a) QUALIFIED LEASEHOLD IMPROVEMENT PROPERTY AND QUALIRESTAURANT PROPERTY.—Clauses (iv) and (v) of section
168(e)(3)(E) are each amended by striking ‘‘placed in service before
January 1, 2015’’.
(b) QUALIFIED RETAIL IMPROVEMENT PROPERTY.—Section
168(e)(3)(E)(ix) is amended by striking ‘‘placed in service after
December 31, 2008, and before January 1, 2015’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to property placed in service after December 31, 2014.
FIED

H. R. 2029—812
SEC. 124. EXTENSION AND MODIFICATION OF INCREASED EXPENSING
LIMITATIONS AND TREATMENT OF CERTAIN REAL PROPERTY AS SECTION 179 PROPERTY.

(a) MADE PERMANENT.—
(1) DOLLAR LIMITATION.—Section 179(b)(1) is amended by
striking ‘‘shall not exceed—’’ and all that follows and inserting
‘‘shall not exceed $500,000.’’.
(2) REDUCTION IN LIMITATION.—Section 179(b)(2) is
amended by striking ‘‘exceeds—’’ and all that follows and
inserting ‘‘exceeds $2,000,000.’’.
(b) COMPUTER SOFTWARE.—Section 179(d)(1)(A)(ii) is amended
by striking ‘‘, to which section 167 applies, and which is placed
in service in a taxable year beginning after 2002 and before 2015’’
and inserting ‘‘and to which section 167 applies’’.
(c) SPECIAL RULES FOR TREATMENT OF QUALIFIED REAL PROPERTY.—
(1) EXTENSION FOR 2015.—Section 179(f) is amended—
(A) by striking ‘‘2015’’ in paragraph (1) and inserting
‘‘2016’’,
(B) by striking ‘‘2014’’ each place it appears in paragraph (4) and inserting ‘‘2015’’, and
(C) by striking ‘‘AND 2013’’ in the heading of paragraph
(4)(C) and inserting ‘‘2013, AND 2014’’.
(2) MADE PERMANENT.—Section 179(f), as amended by paragraph (1), is amended—
(A) by striking ‘‘beginning after 2009 and before 2016’’
in paragraph (1), and
(B) by striking paragraphs (3) and (4).
(d) ELECTION.—Section 179(c)(2) is amended—
(1) by striking ‘‘may not be revoked’’ and all that follows
through ‘‘and before 2015’’, and
(2) by striking ‘‘IRREVOCABLE’’ in the heading thereof.
(e) AIR CONDITIONING AND HEATING UNITS.—Section 179(d)(1)
is amended by striking ‘‘and shall not include air conditioning
or heating units’’.
(f) INFLATION ADJUSTMENT.—Section 179(b) is amended by
adding at the end the following new paragraph:
‘‘(6) INFLATION ADJUSTMENT.—
‘‘(A) IN GENERAL.—In the case of any taxable year
beginning after 2015, the dollar amounts in paragraphs
(1) and (2) shall each be increased by an amount equal
to—
‘‘(i) such dollar amount, multiplied by
‘‘(ii) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
‘calendar year 2014’ for ‘calendar year 1992’ in
subparagraph (B) thereof.
‘‘(B) ROUNDING.—The amount of any increase under
subparagraph (A) shall be rounded to the nearest multiple
of $10,000.’’.
(g) EFFECTIVE DATES.—
(1) EXTENSION.—Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2014.

H. R. 2029—813
(2) MODIFICATIONS.—The amendments made by subsections
(c)(2) and (e) shall apply to taxable years beginning after
December 31, 2015.
SEC. 125. EXTENSION OF TREATMENT OF CERTAIN DIVIDENDS OF
REGULATED INVESTMENT COMPANIES.

(a) IN GENERAL.—Section 871(k) is amended by striking clause
(v) of paragraph (1)(C) and clause (v) of paragraph (2)(C).
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2014.
SEC. 126. EXTENSION OF EXCLUSION OF 100 PERCENT OF GAIN ON
CERTAIN SMALL BUSINESS STOCK.

(a) IN GENERAL.—Section 1202(a)(4) is amended—
(1) by striking ‘‘and before January 1, 2015’’, and
(2) by striking ‘‘, 2011, 2012, 2013, AND 2014’’ in the heading
thereof and inserting ‘‘AND THEREAFTER’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to stock acquired after December 31, 2014.
SEC. 127. EXTENSION OF REDUCTION IN S-CORPORATION RECOGNITION PERIOD FOR BUILT-IN GAINS TAX.

(a) IN GENERAL.—Section 1374(d)(7) is amended to read as
follows:
‘‘(7) RECOGNITION PERIOD.—
‘‘(A) IN GENERAL.—The term ‘recognition period’ means
the 5-year period beginning with the 1st day of the 1st
taxable year for which the corporation was an S corporation. For purposes of applying this section to any amount
includible in income by reason of distributions to shareholders pursuant to section 593(e), the preceding sentence
shall be applied without regard to the phrase ‘5-year’.
‘‘(B) INSTALLMENT SALES.—If an S corporation sells
an asset and reports the income from the sale using the
installment method under section 453, the treatment of
all payments received shall be governed by the provisions
of this paragraph applicable to the taxable year in which
such sale was made.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2014.
SEC. 128. EXTENSION OF SUBPART F EXCEPTION FOR ACTIVE
FINANCING INCOME.

(a) INSURANCE BUSINESSES.—Section 953(e) is amended by
striking paragraph (10) and by redesignating paragraph (11) as
paragraph (10).
(b) BANKING, FINANCING, OR SIMILAR BUSINESSES.—Section
954(h) is amended by striking paragraph (9).
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years of foreign corporations beginning after
December 31, 2014, and to taxable years of United States shareholders with or within which any such taxable year of such foreign
corporation ends.

H. R. 2029—814

PART 4—INCENTIVES FOR REAL ESTATE
INVESTMENT
SEC. 131. EXTENSION OF MINIMUM LOW-INCOME HOUSING TAX CREDIT
RATE FOR NON-FEDERALLY SUBSIDIZED BUILDINGS.

(a) IN GENERAL.—Section 42(b)(2) is amended by striking ‘‘with
respect to housing credit dollar amount allocations made before
January 1, 2015’’.
(b) CLERICAL AMENDMENT.—The heading for section 42(b)(2)
is amended by striking ‘‘TEMPORARY MINIMUM’’ and inserting ‘‘MINIMUM’’.
(c) EFFECTIVE DATES.—The amendments made by this section
shall take effect on January 1, 2015.
SEC. 132. EXTENSION OF MILITARY HOUSING ALLOWANCE EXCLUSION
FOR DETERMINING WHETHER A TENANT IN CERTAIN
COUNTIES IS LOW-INCOME.

(a) IN GENERAL.—Section 3005(b) of the Housing Assistance
Tax Act of 2008 is amended by striking ‘‘and before January 1,
2015’’ each place it appears.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the enactment of section 3005
of the Housing Assistance Tax Act of 2008.
SEC. 133. EXTENSION OF RIC QUALIFIED INVESTMENT ENTITY TREATMENT UNDER FIRPTA.

(a) IN GENERAL.—Section 897(h)(4)(A) is amended—
(1) by striking clause (ii), and
(2) by striking all that precedes ‘‘regulated investment company which’’ and inserting the following:
‘‘(A) QUALIFIED INVESTMENT ENTITY.—The term ‘qualified investment entity’ means—
‘‘(i) any real estate investment trust, and
‘‘(ii) any’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall take effect on January 1, 2015. Notwithstanding the preceding sentence, such amendments shall not apply with respect
to the withholding requirement under section 1445 of the
Internal Revenue Code of 1986 for any payment made before
the date of the enactment of this Act.
(2) AMOUNTS WITHHELD ON OR BEFORE DATE OF ENACTMENT.—In the case of a regulated investment company—
(A) which makes a distribution after December 31,
2014, and before the date of the enactment of this Act,
and
(B) which would (but for the second sentence of paragraph (1)) have been required to withhold with respect
to such distribution under section 1445 of such Code,
such investment company shall not be liable to any person
to whom such distribution was made for any amount so withheld and paid over to the Secretary of the Treasury.

H. R. 2029—815

Subtitle B—Extensions Through 2019
SEC. 141. EXTENSION OF NEW MARKETS TAX CREDIT.

(a) IN GENERAL.—Section 45D(f)(1)(G) is amended by striking
‘‘for 2010, 2011, 2012, 2013, and 2014’’ and inserting ‘‘for each
of calendar years 2010 through 2019’’.
(b) CARRYOVER OF UNUSED LIMITATION.—Section 45D(f)(3) is
amended by striking ‘‘2019’’ and inserting ‘‘2024’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to calendar years beginning after December 31, 2014.
SEC. 142. EXTENSION AND MODIFICATION OF WORK OPPORTUNITY
TAX CREDIT.

(a) IN GENERAL.—Section 51(c)(4) is amended by striking
‘‘December 31, 2014’’ and inserting ‘‘December 31, 2019’’.
(b) CREDIT FOR HIRING LONG-TERM UNEMPLOYMENT RECIPIENTS.—
(1) IN GENERAL.—Section 51(d)(1) is amended by striking
‘‘or’’ at the end of subparagraph (H), by striking the period
at the end of subparagraph (I) and inserting ‘‘, or’’, and by
adding at the end the following new subparagraph:
‘‘(J) a qualified long-term unemployment recipient.’’.
(2) QUALIFIED LONG-TERM UNEMPLOYMENT RECIPIENT.—Section 51(d) is amended by adding at the end the following
new paragraph:
‘‘(15) QUALIFIED LONG-TERM UNEMPLOYMENT RECIPIENT.—
The term ‘qualified long-term unemployment recipient’ means
any individual who is certified by the designated local agency
as being in a period of unemployment which—
‘‘(A) is not less than 27 consecutive weeks, and
‘‘(B) includes a period in which the individual was
receiving unemployment compensation under State or Federal law.’’.
(c) EFFECTIVE DATES.—
(1) EXTENSION.—The amendment made by subsection (a)
shall apply to individuals who begin work for the employer
after December 31, 2014.
(2) MODIFICATION.—The amendments made by subsection
(b) shall apply to individuals who begin work for the employer
after December 31, 2015.
SEC. 143. EXTENSION AND MODIFICATION OF BONUS DEPRECIATION.

(a) EXTENDED FOR 2015.—
(1) IN GENERAL.—Section 168(k)(2) is amended—
(A) by striking ‘‘January 1, 2016’’ in subparagraph
(A)(iv) and inserting ‘‘January 1, 2017’’, and
(B) by striking ‘‘January 1, 2015’’ each place it appears
and inserting ‘‘January 1, 2016’’.
(2) SPECIAL RULE FOR FEDERAL LONG-TERM CONTRACTS.—
Section 460(c)(6)(B)(ii) is amended by striking ‘‘January 1, 2015
(January 1, 2016’’ and inserting ‘‘January 1, 2016 (January
1, 2017’’.
(3) EXTENSION OF ELECTION TO ACCELERATE AMT CREDIT
IN LIEU OF BONUS DEPRECIATION.—
(A) IN GENERAL.—Section 168(k)(4)(D)(iii)(II) is
amended by striking ‘‘January 1, 2015’’ and inserting
‘‘January 1, 2016’’.

H. R. 2029—816
(B) ROUND 5 EXTENSION PROPERTY.—Section 168(k)(4)
is amended by adding at the end the following new subparagraph:
‘‘(L) SPECIAL RULES FOR ROUND 5 EXTENSION PROPERTY.—
‘‘(i) IN GENERAL.—In the case of round 5 extension
property, in applying this paragraph to any taxpayer—
‘‘(I) the limitation described in subparagraph
(B)(i) and the business credit increase amount
under subparagraph (E)(iii) thereof shall not apply,
and
‘‘(II) the bonus depreciation amount, maximum
amount, and maximum increase amount shall be
computed separately from amounts computed with
respect to eligible qualified property which is not
round 5 extension property.
‘‘(ii) ELECTION.—
‘‘(I) A taxpayer who has an election in effect
under this paragraph for round 4 extension property shall be treated as having an election in effect
for round 5 extension property unless the taxpayer
elects to not have this paragraph apply to round
5 extension property.
‘‘(II) A taxpayer who does not have an election
in effect under this paragraph for round 4 extension property may elect to have this paragraph
apply to round 5 extension property.
‘‘(iii) ROUND 5 EXTENSION PROPERTY.—For purposes
of this subparagraph, the term ‘round 5 extension property’ means property which is eligible qualified property solely by reason of the extension of the application
of the special allowance under paragraph (1) pursuant
to the amendments made by section 143(a)(1) of the
Protecting Americans from Tax Hikes Act of 2015 (and
the application of such extension to this paragraph
pursuant to the amendment made by section 143(a)(3)
of such Act).’’.
(4) CONFORMING AMENDMENTS.—
(A) The heading for section 168(k) is amended by
striking ‘‘JANUARY 1, 2015’’ and inserting ‘‘JANUARY 1,
2016’’.
(B) The heading for section 168(k)(2)(B)(ii) is amended
by striking ‘‘PRE-JANUARY 1, 2015’’ and inserting ‘‘PREJANUARY 1, 2016’’.
(5) EFFECTIVE DATE.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the amendments made by this subsection shall apply
to property placed in service after December 31, 2014,
in taxable years ending after such date.
(B) ELECTION TO ACCELERATE AMT CREDIT.—The
amendments made by paragraph (3) shall apply to taxable
years ending after December 31, 2014.
(b) EXTENDED AND MODIFIED FOR 2016 THROUGH 2019.—
(1) IN GENERAL.—Section 168(k)(2), as amended by subsection (a), is amended to read as follows:
‘‘(2) QUALIFIED PROPERTY.—For purposes of this subsection—

H. R. 2029—817
‘‘(A) IN GENERAL.—The term ‘qualified property’ means
property—
‘‘(i)(I) to which this section applies which has a
recovery period of 20 years or less,
‘‘(II) which is computer software (as defined in
section 167(f)(1)(B)) for which a deduction is allowable
under section 167(a) without regard to this subsection,
‘‘(III) which is water utility property, or
‘‘(IV) which is qualified improvement property,
‘‘(ii) the original use of which commences with
the taxpayer, and
‘‘(iii) which is placed in service by the taxpayer
before January 1, 2020.
‘‘(B) CERTAIN PROPERTY HAVING LONGER PRODUCTION
PERIODS TREATED AS QUALIFIED PROPERTY.—
‘‘(i) IN GENERAL.—The term ‘qualified property’
includes any property if such property—
‘‘(I) meets the requirements of clauses (i) and
(ii) of subparagraph (A),
‘‘(II) is placed in service by the taxpayer before
January 1, 2021,
‘‘(III) is acquired by the taxpayer (or acquired
pursuant to a written contract entered into) before
January 1, 2020,
‘‘(IV) has a recovery period of at least 10 years
or is transportation property,
‘‘(V) is subject to section 263A, and
‘‘(VI) meets the requirements of clause (iii)
of section 263A(f)(1)(B) (determined as if such
clause also applies to property which has a long
useful life (within the meaning of section 263A(f))).
‘‘(ii) ONLY PRE-JANUARY 1, 2020 BASIS ELIGIBLE FOR
ADDITIONAL ALLOWANCE.—In the case of property which
is qualified property solely by reason of clause (i),
paragraph (1) shall apply only to the extent of the
adjusted basis thereof attributable to manufacture,
construction, or production before January 1, 2020.
‘‘(iii) TRANSPORTATION PROPERTY.—For purposes of
this subparagraph, the term ‘transportation property’
means tangible personal property used in the trade
or business of transporting persons or property.
‘‘(iv) APPLICATION OF SUBPARAGRAPH.—This
subparagraph shall not apply to any property which
is described in subparagraph (C).
‘‘(C) CERTAIN AIRCRAFT.—The term ‘qualified property’
includes property—
‘‘(i) which meets the requirements of subparagraph
(A)(ii) and subclauses (II) and (III) of subparagraph
(B)(i),
‘‘(ii) which is an aircraft which is not a transportation property (as defined in subparagraph (B)(iii))
other than for agricultural or firefighting purposes,
‘‘(iii) which is purchased and on which such purchaser, at the time of the contract for purchase, has
made a nonrefundable deposit of the lesser of—
‘‘(I) 10 percent of the cost, or
‘‘(II) $100,000, and

H. R. 2029—818
‘‘(iv) which has—
‘‘(I) an estimated production period exceeding
4 months, and
‘‘(II) a cost exceeding $200,000.
‘‘(D) EXCEPTION FOR ALTERNATIVE DEPRECIATION PROPERTY.—The term ‘qualified property’ shall not include any
property to which the alternative depreciation system
under subsection (g) applies, determined—
‘‘(i) without regard to paragraph (7) of subsection
(g) (relating to election to have system apply), and
‘‘(ii) after application of section 280F(b) (relating
to listed property with limited business use).
‘‘(E) SPECIAL RULES.—
‘‘(i) SELF-CONSTRUCTED PROPERTY.—In the case of
a taxpayer manufacturing, constructing, or producing
property for the taxpayer’s own use, the requirements
of subclause (III) of subparagraph (B)(i) shall be treated
as met if the taxpayer begins manufacturing, constructing, or producing the property before January
1, 2020.
‘‘(ii) SALE-LEASEBACKS.—For purposes of clause (iii)
and subparagraph (A)(ii), if property is—
‘‘(I) originally placed in service by a person,
and
‘‘(II) sold and leased back by such person
within 3 months after the date such property was
originally placed in service,
such property shall be treated as originally placed
in service not earlier than the date on which such
property is used under the leaseback referred to in
subclause (II).
‘‘(iii) SYNDICATION.—For purposes of subparagraph
(A)(ii), if—
‘‘(I) property is originally placed in service by
the lessor of such property,
‘‘(II) such property is sold by such lessor or
any subsequent purchaser within 3 months after
the date such property was originally placed in
service (or, in the case of multiple units of property
subject to the same lease, within 3 months after
the date the final unit is placed in service, so
long as the period between the time the first unit
is placed in service and the time the last unit
is placed in service does not exceed 12 months),
and
‘‘(III) the user of such property after the last
sale during such 3-month period remains the same
as when such property was originally placed in
service,
such property shall be treated as originally placed
in service not earlier than the date of such last sale.
‘‘(F) COORDINATION WITH SECTION 280F.—For purposes
of section 280F—
‘‘(i) AUTOMOBILES.—In the case of a passenger
automobile (as defined in section 280F(d)(5)) which
is qualified property, the Secretary shall increase the
limitation under section 280F(a)(1)(A)(i) by $8,000.

H. R. 2029—819
‘‘(ii) LISTED PROPERTY.—The deduction allowable
under paragraph (1) shall be taken into account in
computing any recapture amount under section
280F(b)(2).
‘‘(iii) PHASE DOWN.—In the case of a passenger
automobile placed in service by the taxpayer after
December 31, 2017, clause (i) shall be applied by substituting for ‘$8,000’—
‘‘(I) in the case of an automobile placed in
service during 2018, $6,400, and
‘‘(II) in the case of an automobile placed in
service during 2019, $4,800.
‘‘(G) DEDUCTION ALLOWED IN COMPUTING MINIMUM
TAX.—For purposes of determining alternative minimum
taxable income under section 55, the deduction under section 167 for qualified property shall be determined without
regard to any adjustment under section 56.’’.
(2) QUALIFIED IMPROVEMENT PROPERTY.—Section 168(k)(3)
is amended to read as follows:
‘‘(3) QUALIFIED IMPROVEMENT PROPERTY.—For purposes of
this subsection—
‘‘(A) IN GENERAL.—The term ‘qualified improvement
property’ means any improvement to an interior portion
of a building which is nonresidential real property if such
improvement is placed in service after the date such
building was first placed in service.
‘‘(B) CERTAIN IMPROVEMENTS NOT INCLUDED.—Such
term shall not include any improvement for which the
expenditure is attributable to—
‘‘(i) the enlargement of the building,
‘‘(ii) any elevator or escalator, or
‘‘(iii) the internal structural framework of the
building.’’.
(3) EXPANSION OF ELECTION TO ACCELERATE AMT CREDITS
IN LIEU OF BONUS DEPRECIATION.—Section 168(k)(4), as
amended by subsection (a), is amended to read as follows:
‘‘(4) ELECTION TO ACCELERATE AMT CREDITS IN LIEU OF
BONUS DEPRECIATION.—
‘‘(A) IN GENERAL.—If a corporation elects to have this
paragraph apply for any taxable year—
‘‘(i) paragraphs (1) and (2)(F) shall not apply to
any qualified property placed in service during such
taxable year,
‘‘(ii) the applicable depreciation method used under
this section with respect to such property shall be
the straight line method, and
‘‘(iii) the limitation imposed by section 53(c) for
such taxable year shall be increased by the bonus
depreciation amount which is determined for such taxable year under subparagraph (B).
‘‘(B) BONUS DEPRECIATION AMOUNT.—For purposes of
this paragraph—
‘‘(i) IN GENERAL.—The bonus depreciation amount
for any taxable year is an amount equal to 20 percent
of the excess (if any) of—
‘‘(I) the aggregate amount of depreciation
which would be allowed under this section for

H. R. 2029—820
qualified property placed in service by the taxpayer
during such taxable year if paragraph (1) applied
to all such property (and, in the case of any such
property which is a passenger automobile (as
defined in section 280F(d)(5)), if paragraph (2)(F)
applied to such automobile), over
‘‘(II) the aggregate amount of depreciation
which would be allowed under this section for
qualified property placed in service by the taxpayer
during such taxable year if paragraphs (1) and
(2)(F) did not apply to any such property.
The aggregate amounts determined under subclauses
(I) and (II) shall be determined without regard to any
election made under subparagraph (A) or subsection
(b)(2)(D), (b)(3)(D), or (g)(7).
‘‘(ii) LIMITATION.—The bonus depreciation amount
for any taxable year shall not exceed the lesser of—
‘‘(I) 50 percent of the minimum tax credit
under section 53(b) for the first taxable year ending
after December 31, 2015, or
‘‘(II) the minimum tax credit under section
53(b) for such taxable year determined by taking
into account only the adjusted net minimum tax
for taxable years ending before January 1, 2016
(determined by treating credits as allowed on a
first-in, first-out basis).
‘‘(iii) AGGREGATION RULE.—All corporations which
are treated as a single employer under section 52(a)
shall be treated—
‘‘(I) as 1 taxpayer for purposes of this paragraph, and
‘‘(II) as having elected the application of this
paragraph if any such corporation so elects.
‘‘(C) CREDIT REFUNDABLE.—For purposes of section
6401(b), the aggregate increase in the credits allowable
under part IV of subchapter A for any taxable year
resulting from the application of this paragraph shall be
treated as allowed under subpart C of such part (and
not any other subpart).
‘‘(D) OTHER RULES.—
‘‘(i) ELECTION.—Any election under this paragraph
may be revoked only with the consent of the Secretary.
‘‘(ii) PARTNERSHIPS WITH ELECTING PARTNERS.—In
the case of a corporation which is a partner in a
partnership and which makes an election under
subparagraph (A) for the taxable year, for purposes
of determining such corporation’s distributive share
of partnership items under section 702 for such taxable
year—
‘‘(I) paragraphs (1) and (2)(F) shall not apply
to any qualified property placed in service during
such taxable year, and
‘‘(II) the applicable depreciation method used
under this section with respect to such property
shall be the straight line method.
‘‘(iii) CERTAIN PARTNERSHIPS.—In the case of a
partnership in which more than 50 percent of the

H. R. 2029—821
capital and profits interests are owned (directly or
indirectly) at all times during the taxable year by
1 corporation (or by corporations treated as 1 taxpayer
under subparagraph (B)(iii)), each partner shall compute its bonus depreciation amount under clause (i)
of subparagraph (B) by taking into account its distributive share of the amounts determined by the partnership under subclauses (I) and (II) of such clause for
the taxable year of the partnership ending with or
within the taxable year of the partner.’’.
(4) SPECIAL RULES FOR CERTAIN PLANTS BEARING FRUITS
AND NUTS.—Section 168(k) is amended—
(A) by striking paragraph (5), and
(B) by inserting after paragraph (4) the following new
paragraph:
‘‘(5) SPECIAL RULES FOR CERTAIN PLANTS BEARING FRUITS
AND NUTS.—
‘‘(A) IN GENERAL.—In the case of any specified plant
which is planted before January 1, 2020, or is grafted
before such date to a plant that has already been planted,
by the taxpayer in the ordinary course of the taxpayer’s
farming business (as defined in section 263A(e)(4)) during
a taxable year for which the taxpayer has elected the
application of this paragraph—
‘‘(i) a depreciation deduction equal to 50 percent
of the adjusted basis of such specified plant shall be
allowed under section 167(a) for the taxable year in
which such specified plant is so planted or grafted,
and
‘‘(ii) the adjusted basis of such specified plant shall
be reduced by the amount of such deduction.
‘‘(B) SPECIFIED PLANT.—For purposes of this paragraph,
the term ‘specified plant’ means—
‘‘(i) any tree or vine which bears fruits or nuts,
and
‘‘(ii) any other plant which will have more than
one yield of fruits or nuts and which generally has
a pre-productive period of more than 2 years from
the time of planting or grafting to the time at which
such plant begins bearing fruits or nuts.
Such term shall not include any property which is planted
or grafted outside of the United States.
‘‘(C) ELECTION REVOCABLE ONLY WITH CONSENT.—An
election under this paragraph may be revoked only with
the consent of the Secretary.
‘‘(D) ADDITIONAL DEPRECIATION MAY BE CLAIMED ONLY
ONCE.—If this paragraph applies to any specified plant,
such specified plant shall not be treated as qualified property in the taxable year in which placed in service.
‘‘(E) DEDUCTION ALLOWED IN COMPUTING MINIMUM
TAX.—Rules similar to the rules of paragraph (2)(G) shall
apply for purposes of this paragraph.
‘‘(F) PHASE DOWN.—In the case of a specified plant
which is planted after December 31, 2017 (or is grafted
to a plant that has already been planted before such date),
subparagraph (A)(i) shall be applied by substituting for
‘50 percent’—

H. R. 2029—822
‘‘(i) in the case of a plant which is planted (or
so grafted) in 2018, ‘40 percent’, and
‘‘(ii) in the case of a plant which is planted (or
so grafted) during 2019, ‘30 percent’.’’.
(5) PHASE DOWN OF BONUS DEPRECIATION.—Section 168(k)
is amended by adding at the end the following new paragraph:
‘‘(6) PHASE DOWN.—In the case of qualified property placed
in service by the taxpayer after December 31, 2017, paragraph
(1)(A) shall be applied by substituting for ‘50 percent’—
‘‘(A) in the case of property placed in service in 2018
(or in the case of property placed in service in 2019 and
described in paragraph (2)(B) or (C) (determined by substituting ‘2019’ for ‘2020’ in paragraphs (2)(B)(i)(III) and
(ii) and paragraph (2)(E)(i)), ‘40 percent’,
‘‘(B) in the case of property placed in service in 2019
(or in the case of property placed in service in 2020 and
described in paragraph (2)(B) or (C), ‘30 percent’.’’.
(6) CONFORMING AMENDMENTS.—
(A) Section 168(e)(6) is amended—
(i) by redesignating subparagraphs (A) and (B)
as subparagraphs (D) and (E), respectively,
(ii) by striking all that precedes subparagraph (D)
(as so redesignated) and inserting the following:
‘‘(6) QUALIFIED LEASEHOLD IMPROVEMENT PROPERTY.—For
purposes of this subsection—
‘‘(A) IN GENERAL.—The term ‘qualified leasehold
improvement property’ means any improvement to an
interior portion of a building which is nonresidential real
property if—
‘‘(i) such improvement is made under or pursuant
to a lease (as defined in subsection (h)(7))—
‘‘(I) by the lessee (or any sublessee) of such
portion, or
‘‘(II) by the lessor of such portion,
‘‘(ii) such portion is to be occupied exclusively by
the lessee (or any sublessee) of such portion, and
‘‘(iii) such improvement is placed in service more
than 3 years after the date the building was first
placed in service.
‘‘(B) CERTAIN IMPROVEMENTS NOT INCLUDED.—Such
term shall not include any improvement for which the
expenditure is attributable to—
‘‘(i) the enlargement of the building,
‘‘(ii) any elevator or escalator,
‘‘(iii) any structural component benefitting a
common area, or
‘‘(iv) the internal structural framework of the
building.
‘‘(C) DEFINITIONS AND SPECIAL RULES.—For purposes
of this paragraph—
‘‘(i) COMMITMENT TO LEASE TREATED AS LEASE.—
A commitment to enter into a lease shall be treated
as a lease, and the parties to such commitment shall
be treated as lessor and lessee, respectively.
‘‘(ii) RELATED PERSONS.—A lease between related
persons shall not be considered a lease. For purposes

H. R. 2029—823
of the preceding sentence, the term ‘related persons’
means—
‘‘(I) members of an affiliated group (as defined
in section 1504), and
‘‘(II) persons having a relationship described
in subsection (b) of section 267; except that, for
purposes of this clause, the phrase ‘80 percent
or more’ shall be substituted for the phrase ‘more
than 50 percent’ each place it appears in such
subsection.’’, and
(iii) by striking ‘‘subparagraph (A)’’ in subparagraph (E) (as so redesignated) and inserting ‘‘subparagraph (D)’’.
(B) Section 168(e)(7)(B) is amended by striking ‘‘qualified leasehold improvement property’’ and inserting ‘‘qualified improvement property’’.
(C) Section 168(e)(8) is amended by striking subparagraph (D).
(D) Section 168(k), as amended by the preceding provisions of this section, is amended by adding at the end
the following new paragraph:
‘‘(7) ELECTION OUT.—If a taxpayer makes an election under
this paragraph with respect to any class of property for any
taxable year, paragraphs (1) and (2)(F) shall not apply to any
qualified property in such class placed in service during such
taxable year. An election under this paragraph may be revoked
only with the consent of the Secretary.’’.
(E) Section 168(l)(3) is amended—
(i) by striking ‘‘section 168(k)’’ in subparagraph
(A) and inserting ‘‘subsection (k)’’, and
(ii) by striking ‘‘section 168(k)(2)(D)(i)’’ in subparagraph (B) and inserting ‘‘subsection (k)(2)(D)’’.
(F) Section 168(l)(4) is amended by striking ‘‘subparagraph (E) of section 168(k)(2)’’ and all that follows and
inserting ‘‘subsection (k)(2)(E) shall apply.’’.
(G) Section 168(l)(5) is amended by striking ‘‘section
168(k)(2)(G)’’ and inserting ‘‘subsection (k)(2)(G)’’.
(H) Section 263A(c) is amended by adding at the end
the following new paragraph:
‘‘(7) COORDINATION WITH SECTION 168(k)(5).—This section
shall not apply to any amount allowed as a deduction by reason
of section 168(k)(5) (relating to special rules for certain plants
bearing fruits and nuts).’’.
(I) Section 460(c)(6)(B)(ii), as amended by subsection
(a), is amended to read as follows:
‘‘(ii) is placed in service before January 1, 2020
(January 1, 2021 in the case of property described
in section 168(k)(2)(B)).’’.
(J) Section 168(k), as amended by subsection (a), is
amended by striking ‘‘AND BEFORE JANUARY 1, 2016’’ in
the heading thereof and inserting ‘‘AND BEFORE JANUARY
1, 2020’’.
(7) EFFECTIVE DATES.—
(A) IN GENERAL.—Except as otherwise provided in this
paragraph, the amendments made by this subsection shall
apply to property placed in service after December 31,
2015, in taxable years ending after such date.

H. R. 2029—824
(B) EXPANSION OF ELECTION TO ACCELERATE AMT
CREDITS IN LIEU OF BONUS DEPRECIATION.—The amendments made by paragraph (3) shall apply to taxable years
ending after December 31, 2015, except that in the case
of any taxable year beginning before January 1, 2016,
and ending after December 31, 2015, the limitation under
section 168(k)(4)(B)(ii) of the Internal Revenue Code of
1986 (as amended by this section) shall be the sum of—
(i) the product of—
(I) the maximum increase amount (within the
meaning of section 168(k)(4)(C)(iii) of such Code,
as in effect before the amendments made by this
subsection), multiplied by
(II) a fraction the numerator of which is the
number of days in the taxable year before January
1, 2016, and the denominator of which is the
number of days in the taxable year, plus
(ii) the product of—
(I) such limitation (determined without regard
to this subparagraph), multiplied by
(II) a fraction the numerator of which is the
number of days in the taxable year after December
31, 2015, and the denominator of which is the
number of days in the taxable year.
(C) SPECIAL RULES FOR CERTAIN PLANTS BEARING
FRUITS AND NUTS.—The amendments made by paragraph
(4) (other than subparagraph (A) thereof) shall apply to
specified plants (as defined in section 168(k)(5)(B) of the
Internal Revenue Code of 1986, as amended by this subsection) planted or grafted after December 31, 2015.
SEC. 144. EXTENSION OF LOOK-THRU TREATMENT OF PAYMENTS
BETWEEN RELATED CONTROLLED FOREIGN CORPORATIONS UNDER FOREIGN PERSONAL HOLDING COMPANY
RULES.

(a) IN GENERAL.—Section 954(c)(6)(C) is amended by striking
‘‘January 1, 2015’’ and inserting ‘‘January 1, 2020’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years of foreign corporations beginning after
December 31, 2014, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end.

Subtitle C—Extensions Through 2016
PART 1—TAX RELIEF FOR FAMILIES AND
INDIVIDUALS
SEC. 151. EXTENSION AND MODIFICATION OF EXCLUSION FROM GROSS
INCOME OF DISCHARGE OF QUALIFIED PRINCIPAL RESIDENCE INDEBTEDNESS.

(a) EXTENSION.—Section 108(a)(1)(E) is amended by striking
‘‘January 1, 2015’’ and inserting ‘‘January 1, 2017’’.
(b) MODIFICATION.—Section 108(a)(1)(E), as amended by subsection (a), is amended by striking ‘‘discharged before’’ and all
that follows and inserting ‘‘discharged—

H. R. 2029—825
‘‘(i) before January 1, 2017, or
‘‘(ii) subject to an arrangement that is entered
into and evidenced in writing before January 1, 2017.’’.
(c) EFFECTIVE DATES.—
(1) EXTENSION.—The amendment made by subsection (a)
shall apply to discharges of indebtedness after December 31,
2014.
(2) MODIFICATION.—The amendment made by subsection
(b) shall apply to discharges of indebtedness after December
31, 2015.
SEC. 152. EXTENSION OF MORTGAGE INSURANCE PREMIUMS TREATED
AS QUALIFIED RESIDENCE INTEREST.

(a) IN GENERAL.—Subclause (I) of section 163(h)(3)(E)(iv) is
amended by striking ‘‘December 31, 2014’’ and inserting ‘‘December
31, 2016’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to amounts paid or accrued after December 31, 2014.
SEC. 153. EXTENSION OF ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES.

(a) IN GENERAL.—Section 222(e) is amended by striking
‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2014.

PART 2—INCENTIVES FOR GROWTH, JOBS,
INVESTMENT, AND INNOVATION
SEC. 161. EXTENSION OF INDIAN EMPLOYMENT TAX CREDIT.

(a) IN GENERAL.—Section 45A(f) is amended by striking
‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2014.
SEC. 162. EXTENSION AND MODIFICATION OF RAILROAD TRACK
MAINTENANCE CREDIT.

(a) EXTENSION.—Section 45G(f) is amended by striking
‘‘January 1, 2015’’ and inserting ‘‘January 1, 2017’’.
(b) MODIFICATION.—Section 45G(d) is amended by striking
‘‘January 1, 2005,’’ and inserting ‘‘January 1, 2015,’’.
(c) EFFECTIVE DATES.—
(1) EXTENSION.—The amendment made by subsection (a)
shall apply to expenditures paid or incurred in taxable years
beginning after December 31, 2014.
(2) MODIFICATION.—The amendment made by subsection
(b) shall apply to expenditures paid or incurred in taxable
years beginning after December 31, 2015.
SEC. 163. EXTENSION OF MINE RESCUE TEAM TRAINING CREDIT.

(a) IN GENERAL.—Section 45N(e) is amended by striking
‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2014.
SEC. 164. EXTENSION OF QUALIFIED ZONE ACADEMY BONDS.

(a) EXTENSION.—Section 54E(c)(1) is amended by striking ‘‘and
2014’’ and inserting ‘‘2014, 2015, and 2016’’.

H. R. 2029—826
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to obligations issued after December 31, 2014.
SEC. 165. EXTENSION OF CLASSIFICATION OF CERTAIN RACE HORSES
AS 3-YEAR PROPERTY.

(a) IN GENERAL.—Section 168(e)(3)(A)(i) is amended—
(1) by striking ‘‘January 1, 2015’’ in subclause (I) and
inserting ‘‘January 1, 2017’’, and
(2) by striking ‘‘December 31, 2014’’ in subclause (II) and
inserting ‘‘December 31, 2016’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to property placed in service after December 31, 2014.
SEC. 166. EXTENSION OF 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT COMPLEXES.

(a) IN GENERAL.—Section 168(i)(15)(D) is amended by striking
‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to property placed in service after December 31, 2014.
SEC. 167. EXTENSION AND MODIFICATION OF ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON AN INDIAN RESERVATION.

(a) IN GENERAL.—Section 168(j)(8) is amended by striking
‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’.
(b) ELECTION TO HAVE SPECIAL RULES NOT APPLY.—Section
168(j) is amended by redesignating paragraph (8), as amended
by subsection (a), as paragraph (9), and by inserting after paragraph
(7) the following new paragraph:
‘‘(8) ELECTION OUT.—If a taxpayer makes an election under
this paragraph with respect to any class of property for any
taxable year, this subsection shall not apply to all property
in such class placed in service during such taxable year. Such
election, once made, shall be irrevocable.’’.
(c) EFFECTIVE DATES.—
(1) EXTENSION.—The amendment made by subsection (a)
shall apply to property placed in service after December 31,
2014.
(2) MODIFICATION.—The amendments made by subsection
(b) shall apply to taxable years beginning after December 31,
2015.
SEC. 168. EXTENSION OF ELECTION TO EXPENSE MINE SAFETY EQUIPMENT.

(a) IN GENERAL.—Section 179E(g) is amended by striking
‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to property placed in service after December 31, 2014.
SEC. 169. EXTENSION OF SPECIAL EXPENSING RULES FOR CERTAIN
FILM
AND
TELEVISION
PRODUCTIONS;
SPECIAL
EXPENSING FOR LIVE THEATRICAL PRODUCTIONS.

(a) IN GENERAL.—Section 181(f) is amended by striking
‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’.
(b) APPLICATION TO LIVE PRODUCTIONS.—
(1) IN GENERAL.—Paragraph (1) of section 181(a) is
amended by inserting ‘‘, and any qualified live theatrical
production,’’ after ‘‘any qualified film or television production’’.

H. R. 2029—827
(2) CONFORMING AMENDMENTS.—Section 181 is amended—
(A) by inserting ‘‘or any qualified live theatrical production’’ after ‘‘qualified film or television production’’ each
place it appears in subsections (a)(2), (b), and (c)(1),
(B) by inserting ‘‘or qualified live theatrical productions’’ after ‘‘qualified film or television productions’’ in
subsection (f), and
(C) by inserting ‘‘AND LIVE THEATRICAL’’ after ‘‘FILM
AND TELEVISION’’ in the heading.
(3) CLERICAL AMENDMENT.—The item relating to section
181 in the table of sections for part VI of subchapter B of
chapter 1 is amended to read as follows:
‘‘Sec. 181. Treatment of certain qualified film and television and live theatrical productions.’’.

(c) QUALIFIED LIVE THEATRICAL PRODUCTION.—Section 181 is
amended—
(1) by redesignating subsections (e) and (f), as amended
by subsections (a) and (b), as subsections (f) and (g), respectively, and
(2) by inserting after subsection (d) the following new subsection:
‘‘(e) QUALIFIED LIVE THEATRICAL PRODUCTION.—For purposes
of this section—
‘‘(1) IN GENERAL.—The term ‘qualified live theatrical
production’ means any production described in paragraph (2)
if 75 percent of the total compensation of the production is
qualified compensation (as defined in subsection (d)(3)).
‘‘(2) PRODUCTION.—
‘‘(A) IN GENERAL.—A production is described in this
paragraph if such production is a live staged production
of a play (with or without music) which is derived from
a written book or script and is produced or presented
by a taxable entity in any venue which has an audience
capacity of not more than 3,000 or a series of venues
the majority of which have an audience capacity of not
more than 3,000.
‘‘(B) TOURING COMPANIES, ETC.—In the case of multiple
live staged productions—
‘‘(i) for which the election under this section would
be allowable to the same taxpayer, and
‘‘(ii) which are—
‘‘(I) separate phases of a production, or
‘‘(II) separate simultaneous stagings of the
same production in different geographical locations
(not including multiple performance locations of
any one touring production),
each such live staged production shall be treated as a
separate production.
‘‘(C) PHASE.—For purposes of subparagraph (B), the
term ‘phase’ with respect to any qualified live theatrical
production refers to each of the following, but only if each
of the following is treated by the taxpayer as a separate
activity for all purposes of this title:
‘‘(i) The initial staging of a live theatrical production.

H. R. 2029—828
‘‘(ii) Subsequent additional stagings or touring of
such production which are produced by the same producer as the initial staging.
‘‘(D) SEASONAL PRODUCTIONS.—
‘‘(i) IN GENERAL.—In the case of a live staged
production not described in subparagraph (B) which
is produced or presented by a taxable entity for not
more than 10 weeks of the taxable year, subparagraph
(A) shall be applied by substituting ‘6,500’ for ‘3,000’.
‘‘(ii) SHORT TAXABLE YEARS.—For purposes of
clause (i), in the case of any taxable year of less than
12 months, the number of weeks for which a production
is produced or presented shall be annualized by multiplying the number of weeks the production is produced
or presented during such taxable year by 12 and
dividing the result by the number of months in such
taxable year.
‘‘(E) EXCEPTION.—A production is not described in this
paragraph if such production includes or consists of any
performance of conduct described in section 2257(h)(1) of
title 18, United States Code.’’.
(d) EFFECTIVE DATE.—
(1) EXTENSION.—The amendment made by subsection (a)
shall apply to productions commencing after December 31, 2014.
(2) MODIFICATIONS.—
(A) IN GENERAL.—The amendments made by subsections (b) and (c) shall apply to productions commencing
after December 31, 2015.
(B) COMMENCEMENT.—For purposes of subparagraph
(A), the date on which a qualified live theatrical production
commences is the date of the first public performance of
such production for a paying audience.
SEC. 170. EXTENSION OF DEDUCTION ALLOWABLE WITH RESPECT TO
INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION
ACTIVITIES IN PUERTO RICO.

(a) IN GENERAL.—Section 199(d)(8)(C) is amended—
(1) by striking ‘‘first 9 taxable years’’ and inserting ‘‘first
11 taxable years’’, and
(2) by striking ‘‘January 1, 2015’’ and inserting ‘‘January
1, 2017’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2014.
SEC. 171. EXTENSION AND MODIFICATION OF EMPOWERMENT ZONE
TAX INCENTIVES.

(a) IN GENERAL.—
(1) EXTENSION.—Section 1391(d)(1)(A)(i) is amended by
striking ‘‘December 31, 2014’’ and inserting ‘‘December 31,
2016’’.
(2) TREATMENT OF CERTAIN TERMINATION DATES SPECIFIED
IN NOMINATIONS.—In the case of a designation of an empowerment zone the nomination for which included a termination
date which is contemporaneous with the date specified in
subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this
Act), subparagraph (B) of such section shall not apply with
respect to such designation if, after the date of the enactment

H. R. 2029—829
of this section, the entity which made such nomination amends
the nomination to provide for a new termination date in such
manner as the Secretary of the Treasury (or the Secretary’s
designee) may provide.
(b) MODIFICATION.—Section 1394(b)(3)(B)(i) is amended—
(1) by striking ‘‘References’’ and inserting the following:
‘‘(I) IN GENERAL.—Except as provided in subclause (II), references’’, and
(2) by adding at the end the following new subclause:
‘‘(II) SPECIAL RULE FOR EMPLOYEE RESIDENCE
TEST.—For purposes of subsection (b)(6) and (c)(5)
of section 1397C, an employee shall be treated
as a resident of an empowerment zone if such
employee is a resident of an empowerment zone,
an enterprise community, or a qualified low-income
community within an applicable nominating jurisdiction.’’.
(c) DEFINITIONS.—
(1) QUALIFIED LOW-INCOME COMMUNITY.—Section 1394(b)(3)
is amended by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively, and by inserting after
subparagraph (B) the following new subparagraph:
‘‘(C) QUALIFIED LOW-INCOME COMMUNITY.—For purposes of subparagraph (B)—
‘‘(i) IN GENERAL.—The term ‘qualified low-income
community’ means any population census tract if—
‘‘(I) the poverty rate for such tract is at least
20 percent, or
‘‘(II) the median family income for such tract
does not exceed 80 percent of statewide median
family income (or, in the case of a tract located
within a metropolitan area, metropolitan area
median family income if greater).
Subclause (II) shall be applied using possessionwide
median family income in the case of census tracts
located within a possession of the United States.
‘‘(ii) TARGETED POPULATIONS.—The Secretary shall
prescribe regulations under which 1 or more targeted
populations (within the meaning of section 103(20) of
the Riegle Community Development and Regulatory
Improvement Act of 1994) may be treated as qualified
low-income communities.
‘‘(iii) AREAS NOT WITHIN CENSUS TRACTS.—In the
case of an area which is not tracted for population
census tracts, the equivalent county divisions (as
defined by the Bureau of the Census for purposes
of defining poverty areas) shall be used for purposes
of determining poverty rates and median family
income.
‘‘(iv) MODIFICATION OF INCOME REQUIREMENT FOR
CENSUS TRACTS WITHIN HIGH MIGRATION RURAL COUNTIES.—
‘‘(I) IN GENERAL.—In the case of a population
census tract located within a high migration rural
county, clause (i)(II) shall be applied to areas not
located within a metropolitan area by substituting
‘85 percent’ for ‘80 percent’.

H. R. 2029—830
‘‘(II) HIGH MIGRATION RURAL COUNTY.—For
purposes of this clause, the term ‘high migration
rural county’ means any county which, during the
20-year period ending with the year in which the
most recent census was conducted, has a net outmigration of inhabitants from the county of at
least 10 percent of the population of the county
at the beginning of such period.’’.
(2)
APPLICABLE
NOMINATING
JURISDICTION.—Section
1394(b)(3)(D), as redesignated by paragraph (1), is amended
by adding at the end the following new clause:
‘‘(iii) APPLICABLE NOMINATING JURISDICTION.—The
term ‘applicable nominating jurisdiction’ means, with
respect to any empowerment zone or enterprise
community, any local government that nominated such
community for designation under section 1391.’’.
(d) CONFORMING AMENDMENTS.—
(1) Section 1394(b)(3)(B)(iii) is amended by striking ‘‘or
an enterprise community’’ and inserting ‘‘, an enterprise
community, or a qualified low-income community within an
applicable nominating jurisdiction’’.
(2) Section 1394(b)(3)(D), as redesignated by subsection
(c)(1), is amended by striking ‘‘DEFINITIONS’’ and inserting
‘‘OTHER DEFINITIONS’’.
(e) EFFECTIVE DATES.—
(1) EXTENSIONS.—The amendment made by subsection (a)
shall apply to taxable years beginning after December 31, 2014.
(2) MODIFICATIONS.—The amendments made by subsections
(b), (c), and (d) shall apply to bonds issued after December
31, 2015.
SEC. 172. EXTENSION OF TEMPORARY INCREASE IN LIMIT ON COVER
OVER OF RUM EXCISE TAXES TO PUERTO RICO AND THE
VIRGIN ISLANDS.

(a) IN GENERAL.—Section 7652(f)(1) is amended by striking
‘‘January 1, 2015’’ and inserting ‘‘January 1, 2017’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to distilled spirits brought into the United States after
December 31, 2014.
SEC. 173. EXTENSION OF AMERICAN SAMOA ECONOMIC DEVELOPMENT
CREDIT.

(a) IN GENERAL.—Section 119(d) of division A of the Tax Relief
and Health Care Act of 2006 is amended—
(1) by striking ‘‘January 1, 2015’’ each place it appears
and inserting ‘‘January 1, 2017’’,
(2) by striking ‘‘first 9 taxable years’’ in paragraph (1)
and inserting ‘‘first 11 taxable years’’, and
(3) by striking ‘‘first 3 taxable years’’ in paragraph (2)
and inserting ‘‘first 5 taxable years’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2014.
SEC. 174. MORATORIUM ON MEDICAL DEVICE EXCISE TAX.

(a) IN GENERAL.—Section 4191 is amended by adding at the
end the following new subsection:

H. R. 2029—831
‘‘(c) MORATORIUM.—The tax imposed under subsection (a) shall
not apply to sales during the period beginning on January 1, 2016,
and ending on December 31, 2017.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to sales after December 31, 2015.

PART 3—INCENTIVES FOR ENERGY
PRODUCTION AND CONSERVATION
SEC. 181. EXTENSION AND MODIFICATION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY.

(a) EXTENSION.—Section 25C(g)(2) is amended by striking
‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’.
(b) UPDATED ENERGY STAR REQUIREMENTS.—
(1) IN GENERAL.—Section 25C(c)(1) is amended by striking
‘‘which meets’’ and all that follows through ‘‘requirements)’’.
(2) ENERGY EFFICIENT BUILDING ENVELOPE COMPONENT.—
Section 25C(c) is amended by redesignating paragraphs (2)
and (3) as paragraphs (3) and (4), respectively, and by inserting
after paragraph (1) the following new paragraph:
‘‘(2) ENERGY EFFICIENT BUILDING ENVELOPE COMPONENT.—
The term ‘energy efficient building envelope component’ means
a building envelope component which meets—
‘‘(A) applicable Energy Star program requirements, in
the case of a roof or roof products,
‘‘(B) version 6.0 Energy Star program requirements,
in the case of an exterior window, a skylight, or an exterior
door, and
‘‘(C) the prescriptive criteria for such component established by the 2009 International Energy Conservation Code,
as such Code (including supplements) is in effect on the
date of the enactment of the American Recovery and
Reinvestment Tax Act of 2009, in the case of any other
component.’’.
(c) EFFECTIVE DATES.—
(1) EXTENSION.—The amendment made by subsection (a)
shall apply to property placed in service after December 31,
2014.
(2) MODIFICATION.—The amendments made by subsection
(b) shall apply to property placed in service after December
31, 2015.
SEC. 182. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE
REFUELING PROPERTY.

(a) IN GENERAL.—Section 30C(g) is amended by striking
‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to property placed in service after December 31, 2014.
SEC. 183. EXTENSION OF CREDIT FOR 2-WHEELED PLUG-IN ELECTRIC
VEHICLES.

(a) IN GENERAL.—Section 30D(g)(3)(E) is amended by striking
‘‘acquired’’ and all that follows and inserting the following:
‘‘acquired—
‘‘(i) after December 31, 2011, and before January
1, 2014, or

H. R. 2029—832
‘‘(ii) in the case of a vehicle that has 2 wheels,
after December 31, 2014, and before January 1, 2017.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to vehicles acquired after December 31, 2014.
SEC. 184. EXTENSION OF SECOND GENERATION BIOFUEL PRODUCER
CREDIT.

(a) IN GENERAL.—Section 40(b)(6)(J)(i) is amended by striking
‘‘January 1, 2015’’ and inserting ‘‘January 1, 2017’’.
(b) EFFECTIVE DATE.—The amendment made by this subsection
shall apply to qualified second generation biofuel production after
December 31, 2014.
SEC. 185. EXTENSION OF BIODIESEL AND RENEWABLE DIESEL INCENTIVES.

(a) INCOME TAX CREDIT.—
(1) IN GENERAL.—Subsection (g) of section 40A is amended
by striking ‘‘December 31, 2014’’ and inserting ‘‘December 31,
2016’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to fuel sold or used after December 31,
2014.
(b) EXCISE TAX INCENTIVES.—
(1) IN GENERAL.—Section 6426(c)(6) is amended by striking
‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’.
(2) PAYMENTS.—Section 6427(e)(6)(B) is amended by
striking ‘‘December 31, 2014’’ and inserting ‘‘December 31,
2016’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to fuel sold or used after December 31,
2014.
(4) SPECIAL RULE FOR 2015.—Notwithstanding any other
provision of law, in the case of any biodiesel mixture credit
properly determined under section 6426(c) of the Internal Revenue Code of 1986 for the period beginning on January 1,
2015, and ending on December 31, 2015, such credit shall
be allowed, and any refund or payment attributable to such
credit (including any payment under section 6427(e) of such
Code) shall be made, only in such manner as the Secretary
of the Treasury (or the Secretary’s delegate) shall provide.
Such Secretary shall issue guidance within 30 days after the
date of the enactment of this Act providing for a one-time
submission of claims covering periods described in the preceding
sentence. Such guidance shall provide for a 180-day period
for the submission of such claims (in such manner as prescribed
by such Secretary) to begin not later than 30 days after such
guidance is issued. Such claims shall be paid by such Secretary
not later than 60 days after receipt. If such Secretary has
not paid pursuant to a claim filed under this subsection within
60 days after the date of the filing of such claim, the claim
shall be paid with interest from such date determined by using
the overpayment rate and method under section 6621 of such
Code.
SEC. 186. EXTENSION AND MODIFICATION OF PRODUCTION CREDIT
FOR INDIAN COAL FACILITIES.

(a) IN GENERAL.—Section 45(e)(10)(A) is amended by striking
‘‘9-year period’’ each place it appears and inserting ‘‘11-year period’’.

H. R. 2029—833
(b) REPEAL OF LIMITATION BASED ON DATE FACILITY IS PLACED
SERVICE.—Section 45(d)(10) is amended to read as follows:
‘‘(10) INDIAN COAL PRODUCTION FACILITY.—The term ‘Indian
coal production facility’ means a facility that produces Indian
coal.’’.
(c) TREATMENT OF SALES TO RELATED PARTIES.—Section
45(e)(10)(A)(ii)(I) is amended by inserting ‘‘(either directly by the
taxpayer or after sale or transfer to one or more related persons)’’
after ‘‘unrelated person’’.
(d) CREDIT ALLOWED AGAINST ALTERNATIVE MINIMUM TAX.—
(1) IN GENERAL.—Section 38(c)(4)(B), as amended by the
preceding provisions of this Act, is amended by redesignating
clauses (v) through (x) as clauses (vi) through (xi), respectively,
and by inserting after clause (iv) the following new clause:
‘‘(v) the credit determined under section 45 to the
extent that such credit is attributable to section
45(e)(10) (relating to Indian coal production facilities),’’.
(2) CONFORMING AMENDMENT.—Section 45(e)(10) is
amended by striking subparagraph (D).
(e) EFFECTIVE DATES.—
(1) EXTENSION.—The amendments made by subsection (a)
shall apply to coal produced after December 31, 2014.
(2) MODIFICATIONS.—The amendments made by subsections
(b) and (c) shall apply to coal produced and sold after December
31, 2015, in taxable years ending after such date.
(3) CREDIT ALLOWED AGAINST ALTERNATIVE MINIMUM TAX.—
The amendments made by subsection (d) shall apply to credits
determined for taxable years beginning after December 31,
2015.
IN

SEC. 187. EXTENSION OF CREDITS WITH RESPECT TO FACILITIES PRODUCING
ENERGY
FROM
CERTAIN
RENEWABLE
RESOURCES.

(a) IN GENERAL.—The following provisions of section 45(d) are
each amended by striking ‘‘January 1, 2015’’ each place it appears
and inserting ‘‘January 1, 2017’’:
(1) Paragraph (2)(A).
(2) Paragraph (3)(A).
(3) Paragraph (4)(B).
(4) Paragraph (6).
(5) Paragraph (7).
(6) Paragraph (9).
(7) Paragraph (11)(B).
(b) EXTENSION OF ELECTION TO TREAT QUALIFIED FACILITIES
AS ENERGY PROPERTY.—Section 48(a)(5)(C)(ii) is amended by
striking ‘‘January 1, 2015’’ and inserting ‘‘January 1, 2017’’.
(c) EFFECTIVE DATES.—The amendments made by this section
shall take effect on January 1, 2015.
SEC. 188. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT NEW HOMES.

(a) IN GENERAL.—Section 45L(g) is amended by striking
‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to homes acquired after December 31, 2014.

H. R. 2029—834
SEC. 189. EXTENSION OF SPECIAL ALLOWANCE FOR SECOND GENERATION BIOFUEL PLANT PROPERTY.

(a) IN GENERAL.—Section 168(l)(2)(D) is amended by striking
‘‘January 1, 2015’’ and inserting ‘‘January 1, 2017’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to property placed in service after December 31, 2014.
SEC. 190. EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS
DEDUCTION.

(a) IN GENERAL.—Section 179D(h) is amended by striking
‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to property placed in service after December 31, 2014.
SEC. 191. EXTENSION OF SPECIAL RULE FOR SALES OR DISPOSITIONS
TO IMPLEMENT FERC OR STATE ELECTRIC RESTRUCTURING POLICY FOR QUALIFIED ELECTRIC UTILITIES.

(a) IN GENERAL.—Section 451(i)(3) is amended by striking
‘‘January 1, 2015’’ and inserting ‘‘January 1, 2017’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to dispositions after December 31, 2014.
SEC. 192. EXTENSION OF EXCISE TAX CREDITS RELATING TO ALTERNATIVE FUELS.

(a) EXTENSION OF ALTERNATIVE FUELS EXCISE TAX CREDITS.—
(1) IN GENERAL.—Sections 6426(d)(5) and 6426(e)(3) are
each amended by striking ‘‘December 31, 2014’’ and inserting
‘‘December 31, 2016’’.
(2) OUTLAY PAYMENTS FOR ALTERNATIVE FUELS.—Section
6427(e)(6)(C) is amended by striking ‘‘December 31, 2014’’ and
inserting ‘‘December 31, 2016’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to fuel sold or used after December 31, 2014.
(c) SPECIAL RULE FOR 2015.—Notwithstanding any other provision of law, in the case of any alternative fuel credit properly
determined under section 6426(d) of the Internal Revenue Code
of 1986 for the period beginning on January 1, 2015, and ending
on December 31, 2015, such credit shall be allowed, and any refund
or payment attributable to such credit (including any payment
under section 6427(e) of such Code) shall be made, only in such
manner as the Secretary of the Treasury (or the Secretary’s delegate) shall provide. Such Secretary shall issue guidance within
30 days after the date of the enactment of this Act providing
for a one-time submission of claims covering periods described in
the preceding sentence. Such guidance shall provide for a 180day period for the submission of such claims (in such manner
as prescribed by such Secretary) to begin not later than 30 days
after such guidance is issued. Such claims shall be paid by such
Secretary not later than 60 days after receipt. If such Secretary
has not paid pursuant to a claim filed under this subsection within
60 days after the date of the filing of such claim, the claim shall
be paid with interest from such date determined by using the
overpayment rate and method under section 6621 of such Code.
SEC. 193. EXTENSION OF CREDIT FOR NEW QUALIFIED FUEL CELL
MOTOR VEHICLES.

(a) IN GENERAL.—Section 30B(k)(1) is amended by striking
‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’.

H. R. 2029—835
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to property purchased after December 31, 2014.

TITLE II—PROGRAM INTEGRITY
SEC. 201. MODIFICATION OF FILING DATES OF RETURNS AND STATEMENTS RELATING TO EMPLOYEE WAGE INFORMATION
AND NONEMPLOYEE COMPENSATION TO IMPROVE
COMPLIANCE.

(a) IN GENERAL.—Section 6071 is amended by redesignating
subsection (c) as subsection (d), and by inserting after subsection
(b) the following new subsection:
‘‘(c) RETURNS AND STATEMENTS RELATING TO EMPLOYEE WAGE
INFORMATION AND NONEMPLOYEE COMPENSATION.—Forms W–2 and
W–3 and any returns or statements required by the Secretary
to report nonemployee compensation shall be filed on or before
January 31 of the year following the calendar year to which such
returns relate.’’.
(b) DATE FOR CERTAIN REFUNDS.—Section 6402 is amended
by adding at the end the following new subsection:
‘‘(m) EARLIEST DATE FOR CERTAIN REFUNDS.—No credit or
refund of an overpayment for a taxable year shall be made to
a taxpayer before the 15th day of the second month following
the close of such taxable year if a credit is allowed to such taxpayer
under section 24 (by reason of subsection (d) thereof) or 32 for
such taxable year.’’.
(c) CONFORMING AMENDMENT.—Section 6071(b) is amended by
striking ‘‘subparts B and C of part III of this subchapter’’ and
inserting ‘‘subpart B of part III of this subchapter (other than
returns and statements required to be filed with respect to nonemployee compensation)’’.
(d) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by this section shall apply to returns and
statements relating to calendar years beginning after the date
of the enactment of this Act.
(2) DATE FOR CERTAIN REFUNDS.—The amendment made
by subsection (b) shall apply to credits or refunds made after
December 31, 2016.
SEC. 202. SAFE HARBOR FOR DE MINIMIS ERRORS ON INFORMATION
RETURNS AND PAYEE STATEMENTS.

(a) IN GENERAL.—Section 6721(c) is amended by adding at
the end the following new paragraph:
‘‘(3) SAFE HARBOR FOR CERTAIN DE MINIMIS ERRORS.—
‘‘(A) IN GENERAL.—If, with respect to an information
return filed with the Secretary—
‘‘(i) there are 1 or more failures described in subsection (a)(2)(B) relating to an incorrect dollar amount,
‘‘(ii) no single amount in error differs from the
correct amount by more than $100, and
‘‘(iii) no single amount reported for tax withheld
on any information return differs from the correct
amount by more than $25,

H. R. 2029—836
then no correction shall be required and, for purposes of
this section, such return shall be treated as having been
filed with all of the correct required information.
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply
with respect to any incorrect dollar amount to the extent
that such error relates to an amount with respect to which
an election is made under section 6722(c)(3)(B).
‘‘(C) REGULATORY AUTHORITY.—The Secretary may
issue regulations to prevent the abuse of the safe harbor
under this paragraph, including regulations providing that
this paragraph shall not apply to the extent necessary
to prevent any such abuse.’’.
(b) FAILURE TO FURNISH CORRECT PAYEE STATEMENT.—Section
6722(c) is amended by adding at the end the following new paragraph:
‘‘(3) SAFE HARBOR FOR CERTAIN DE MINIMIS ERRORS.—
‘‘(A) IN GENERAL.—If, with respect to any payee statement—
‘‘(i) there are 1 or more failures described in subsection (a)(2)(B) relating to an incorrect dollar amount,
‘‘(ii) no single amount in error differs from the
correct amount by more than $100, and
‘‘(iii) 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, for purposes of
this section, such statement shall be treated as having
been filed with all of the correct required information.
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply
to any payee statement if the person to whom such statement is required to be furnished makes an election (at
such time and in such manner as the Secretary may prescribe) that subparagraph (A) not apply with respect to
such statement.
‘‘(C) REGULATORY AUTHORITY.—The Secretary may
issue regulations to prevent the abuse of the safe harbor
under this paragraph, including regulations providing that
this paragraph shall not apply to the extent necessary
to prevent any such abuse.’’.
(c) APPLICATION TO BROKER REPORTING OF BASIS.—Section
6045(g)(2)(B) is amended by adding at the end the following new
clause:
‘‘(iii) TREATMENT OF UNCORRECTED DE MINIMIS
ERRORS.—Except as otherwise provided by the Secretary, the customer’s adjusted basis shall be determined by treating any incorrect dollar amount which
is not required to be corrected by reason of section
6721(c)(3) or section 6722(c)(3) as the correct amount.’’.
(d) CONFORMING AMENDMENTS.—
(1) Section 6721(c) is amended by striking ‘‘EXCEPTION
FOR DE MINIMIS FAILURES TO INCLUDE ALL REQUIRED INFORMATION’’ in the heading and inserting ‘‘EXCEPTIONS FOR CERTAIN
DE MINIMIS FAILURES’’.
(2) Section 6721(c)(1) is amended by striking ‘‘IN GENERAL’’
in the heading and inserting ‘‘EXCEPTION FOR DE MINIMIS
FAILURE TO INCLUDE ALL REQUIRED INFORMATION’’.

H. R. 2029—837
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply to returns required to be filed, and payee statements
required to be provided, after December 31, 2016.
SEC. 203. REQUIREMENTS FOR THE ISSUANCE OF ITINS.

(a) IN GENERAL.—Section 6109 is amended by adding at the
end the following new subsection:
‘‘(i) SPECIAL RULES RELATING TO THE ISSUANCE OF ITINS.—
‘‘(1) IN GENERAL.—The Secretary is authorized to issue
an individual taxpayer identification number to an individual
only if the applicant submits an application, using such form
as the Secretary may require and including the required documentation—
‘‘(A) in the case of an applicant not described in
subparagraph (B)—
‘‘(i) in person to an employee of the Internal Revenue Service or a community-based certified acceptance
agent approved by the Secretary, or
‘‘(ii) by mail, pursuant to rules prescribed by the
Secretary, or
‘‘(B) in the case of an applicant who resides outside
of the United States, by mail or in person to an employee
of the Internal Revenue Service or a designee of the Secretary at a United States diplomatic mission or consular
post.
‘‘(2) REQUIRED DOCUMENTATION.—For purposes of this subsection—
‘‘(A) IN GENERAL.—The term ‘required documentation’
includes such documentation as the Secretary may require
that proves the individual’s identity, foreign status, and
residency.
‘‘(B) VALIDITY OF DOCUMENTS.—The Secretary may
accept only original documents or certified copies meeting
the requirements of the Secretary.
‘‘(3) TERM OF ITIN.—
‘‘(A) IN GENERAL.—An individual taxpayer identification number issued after December 31, 2012, shall remain
in effect unless the individual to whom such number is
issued does not file a return of tax (or is not included
as a dependent on the return of tax of another taxpayer)
for 3 consecutive taxable years. In the case of an individual
described in the preceding sentence, such number shall
expire on the last day of such third consecutive taxable
year.
‘‘(B) SPECIAL RULE FOR EXISTING ITINS.—In the case
of an individual with respect to whom an individual taxpayer identification number was issued before January 1,
2013, such number shall remain in effect until the earlier
of—
‘‘(i) the applicable date, or
‘‘(ii) if the individual does not file a return of
tax (or is not included as a dependent on the return
of tax of another taxpayer) for 3 consecutive taxable
years, the earlier of—
‘‘(I) the last day of such third consecutive taxable year, or

H. R. 2029—838
‘‘(II) the last day of the taxable year that
includes the date of the enactment of this subsection.
‘‘(C) APPLICABLE DATE.—For purposes of subparagraph
(B), the term ‘applicable date’ means—
‘‘(i) January 1, 2017, in the case of an individual
taxpayer identification number issued before January
1, 2008,
‘‘(ii) January 1, 2018, in the case of an individual
taxpayer identification number issued in 2008,
‘‘(iii) January 1, 2019, in the case of an individual
taxpayer identification number issued in 2009 or 2010,
and
‘‘(iv) January 1, 2020, in the case of an individual
taxpayer identification number issued in 2011 or 2012.
‘‘(4) DISTINGUISHING ITINS ISSUED SOLELY FOR PURPOSES
OF TREATY BENEFITS.—The Secretary shall implement a system
that ensures that individual taxpayer identification numbers
issued solely for purposes of claiming tax treaty benefits are
used only for such purposes, by distinguishing such numbers
from other individual taxpayer identification numbers issued.’’.
(b) AUDIT BY TIGTA.—Not later than 2 years after the date
of the enactment of this Act, and every 2 years thereafter, the
Treasury Inspector General for Tax Administration shall conduct
an audit of the program of the Internal Revenue Service for the
issuance of individual taxpayer identification numbers pursuant
to section 6109(i) of the Internal Revenue Code of 1986 (as added
by this section) and report the results of such audit to the Committee on Finance of the Senate and the Committee on the Ways
and Means of the House of Representatives.
(c) COMMUNITY-BASED CERTIFIED ACCEPTANCE AGENTS.—The
Secretary of the Treasury, or the Secretary’s delegate, shall maintain a program for training and approving community-based certified acceptance agents for purposes of section 6109(i)(1)(A)(i) of
the Internal Revenue Code of 1986 (as added by this section).
Persons eligible to be acceptance agents under such program
include—
(1) financial institutions (as defined in section 265(b)(5)
of such Code and the regulations thereunder),
(2) colleges and universities which are described in section
501(c)(3) of such Code and exempt from taxation under section
501(a) of such Code,
(3) Federal agencies (as defined in section 6402(h) of such
Code),
(4) State and local governments, including agencies responsible for vital records,
(5) community-based organizations which are described in
subsection (c)(3) or (d) of section 501 of such Code and exempt
from taxation under section 501(a) of such Code,
(6) persons that provide assistance to taxpayers in the
preparation of their tax returns, and
(7) other persons or categories of persons as authorized
by regulations or other guidance of the Secretary of the
Treasury.
(d) ITIN STUDY.—
(1) IN GENERAL.—The Secretary of the Treasury, or the
Secretary’s delegate, shall conduct a study on the effectiveness

H. R. 2029—839
of the application process for individual taxpayer identification
numbers before the implementation of the amendments made
by this section, the effects of the amendments made by this
section on such application process, the comparative effectiveness of an in-person review process for application versus other
methods of reducing fraud in the ITIN program and improper
payments to ITIN holders as a result, and possible administrative and legislative recommendations to improve such process.
(2) SPECIFIC REQUIREMENTS.—Such study shall include an
evaluation of the following:
(A) Possible administrative and legislative recommendations to reduce fraud and improper payments
through the use of individual taxpayer identification numbers (hereinafter referred to as ‘‘ITINs’’).
(B) If data supports an in-person initial review of ITIN
applications to reduce fraud and improper payments, the
administrative and legislative steps needed to implement
such an in-person initial review of ITIN applications, in
conjunction with an expansion of the community-based certified acceptance agent program under subsection (c), with
a goal of transitioning to such a program by 2020.
(C) Strategies for more efficient processing of ITIN
applications.
(D) The acceptance agent program as in existence on
the date of the enactment of this Act and ways to expand
the geographic availability of agents through the community-based certified acceptance agent program under subsection (c).
(E) Strategies for the Internal Revenue Service to work
with other Federal agencies, State and local governments,
and other organizations and persons described in subsection (c) to encourage participation in the communitybased certified acceptance agent program under subsection
(c) to facilitate in-person initial review of ITIN applications.
(F) Typical characteristics (derived from Form W–7
and other sources) of mail applications for ITINs as compared with typical characteristics of in-person applications.
(G) Typical characteristics (derived from 17 Form W–
7 and other sources) of ITIN applications before the
Internal Revenue Service revised its application procedures
in 2012 as compared with typical characteristics of ITIN
applications made after such revisions went into effect.
(3) REPORT.—The Secretary, or the Secretary’s delegate,
shall submit to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of Representatives a report detailing the study under paragraph (1) and
its findings not later than 1 year after the date of the enactment
of this Act.
(4) ADMINISTRATIVE STEPS.—The Secretary of the Treasury
shall implement any administrative steps identified by the
report under paragraph (3) not later than 180 days after
submitting such report.
(e) MATHEMATICAL OR CLERICAL ERROR AUTHORITY.—Paragraph (2) of section 6213(g) of the Internal Revenue Code of 1986
is amended by striking ‘‘and’’ at the end of subparagraph (M),
by striking the period at the end of subparagraph (N) and inserting

H. R. 2029—840
‘‘, and’’, and by inserting after subparagraph (N) the following
new subparagraph:
‘‘(O) the inclusion on a return of an individual taxpayer
identification number issued under section 6109(i) which
has expired, been revoked by the Secretary, or is otherwise
invalid.’’.
(f) EFFECTIVE DATE.—The amendments made by this section
shall apply to applications for individual taxpayer identification
numbers made after the date of the enactment of this Act.
SEC. 204. PREVENTION OF RETROACTIVE CLAIMS OF EARNED INCOME
CREDIT AFTER ISSUANCE OF SOCIAL SECURITY NUMBER.

(a) IN GENERAL.—Section 32(m) is amended by inserting ‘‘on
or before the due date for filing the return for the taxable year’’
before the period at the end.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendment made by this section shall apply to any return
of tax, and any amendment or supplement to any return of
tax, which is filed after the date of the enactment of this
Act.
(2) EXCEPTION FOR TIMELY-FILED 2015 RETURNS.—The
amendment made by this section shall not apply to any return
of tax (other than an amendment or supplement to any return
of tax) for any taxable year which includes the date of the
enactment of this Act if such return is filed on or before the
due date for such return of tax.
SEC. 205. PREVENTION OF RETROACTIVE CLAIMS OF CHILD TAX
CREDIT.

(a) QUALIFYING CHILD IDENTIFICATION REQUIREMENT.—Section
24(e) is amended by inserting ‘‘and such taxpayer identification
number was issued on or before the due date for filing such return’’
before the period at the end.
(b) TAXPAYER IDENTIFICATION REQUIREMENT.—Section 24(e), as
amended by subsection (a) is amended—
(1) by striking ‘‘IDENTIFICATION REQUIREMENT.—No credit
shall be allowed’’ and inserting the following: ‘‘IDENTIFICATION
REQUIREMENTS.—
‘‘(1) QUALIFYING CHILD IDENTIFICATION REQUIREMENT.—No
credit shall be allowed’’, and
(2) by adding at the end the following new paragraph:
‘‘(2) TAXPAYER IDENTIFICATION REQUIREMENT.—No credit
shall be allowed under this section if the identifying number
of the taxpayer was issued after the due date for filing the
return for the taxable year.’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to any return of tax, and any amendment or supplement to any return of tax, which is filed after the date of
the enactment of this Act.
(2) EXCEPTION FOR TIMELY-FILED 2015 RETURNS.—The
amendments made by this section shall not apply to any return
of tax (other than an amendment or supplement to any return
of tax) for any taxable year which includes the date of the
enactment of this Act if such return is filed on or before the
due date for such return of tax.

H. R. 2029—841
SEC. 206. PREVENTION OF RETROACTIVE CLAIMS OF AMERICAN
OPPORTUNITY TAX CREDIT.

(a) IN GENERAL.—Section 25A(i) is amended—
(1) by striking paragraph (6), and
(2) by inserting after paragraph (5) the following new paragraph:
‘‘(6) IDENTIFICATION NUMBERS.—
‘‘(A) STUDENT.—The requirements of subsection (g)(1)
shall not be treated as met with respect to the Hope Scholarship Credit unless the individual’s taxpayer identification
number was issued on or before the due date for filing
the return of tax for the taxable year.
‘‘(B) TAXPAYER.—No Hope Scholarship Credit shall be
allowed under this section if the identifying number of
the taxpayer was issued after the due date for filing the
return for the taxable year.’’.
(b) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendment made by subsection (a)(2) shall apply to any return
of tax, and any amendment or supplement to any return of
tax, which is filed after the date of the enactment of this
Act.
(2) EXCEPTION FOR TIMELY-FILED 2015 RETURNS.—The
amendment made by subsection (a)(2) shall not apply to any
return of tax (other than an amendment or supplement to
any return of tax) for any taxable year which includes the
date of the enactment of this Act if such return is filed on
or before the due date for such return of tax.
(3) REPEAL OF DEADWOOD.—The amendment made by subsection (a)(1) shall take effect on the date of the enactment
of this Act.
SEC. 207. PROCEDURES TO REDUCE IMPROPER CLAIMS.

(a) DUE DILIGENCE REQUIREMENTS.—Section 6695(g) is
amended—
(1) by striking ‘‘section 32’’and inserting ‘‘section 24,
25A(a)(1), or 32’’, and
(2) in the heading by inserting ‘‘CHILD TAX CREDIT; AMERICAN OPPORTUNITY TAX CREDIT; AND’’ before ‘‘EARNED INCOME
CREDIT’’.
(b) RETURN PREPARER DUE DILIGENCE STUDY.—
(1) IN GENERAL.—The Secretary of the Treasury, or his
delegate, shall conduct a study of the effectiveness of tax return
preparer due diligence requirements for claiming the earned
income tax credit under section 32 of the Internal Revenue
Code of 1986, the child tax credit under section 24 of such
Code, and the American opportunity tax credit under section
25A(i) of such Code.
(2) REQUIREMENTS.—Such study shall include an evaluation
of the following:
(A) The effectiveness of the questions currently asked
as part of the due-diligence requirement with respect to
minimizing error and fraud.
(B) Whether all such questions are necessary and support improved compliance.

H. R. 2029—842
(C) The comparative effectiveness of such questions
relative to other means of determining (i) eligibility for
these tax credits and (ii) the correct amount of tax credit.
(D) Whether due diligence of this type should apply
to other methods of tax filing and whether such requirements should vary based on the methods to increase
effectiveness.
(E) The effectiveness of the preparer penalty under
section 6695(g) in enforcing the due diligence requirements.
(3) REPORT.—The Secretary, or his delegate, shall submit
to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a
report detailing the study and its findings—
(A) in the case of the portion of the study that relates
to the earned income tax credit, not later than 1 year
after the date of enactment of this Act, and
(B) in the case of the portions of the study that relate
to the child tax credit and the American opportunity tax
credit, not later than 2 years after the date of the enactment of this Act.
(c) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2015.
SEC. 208. RESTRICTIONS ON TAXPAYERS WHO IMPROPERLY CLAIMED
CREDITS IN PRIOR YEAR.

(a) RESTRICTIONS.—
(1) CHILD TAX CREDIT.—Section 24 is amended by adding
at the end the following new subsection:
‘‘(g) RESTRICTIONS ON TAXPAYERS WHO IMPROPERLY CLAIMED
CREDIT IN PRIOR YEAR.—
‘‘(1) TAXPAYERS MAKING PRIOR FRAUDULENT OR RECKLESS
CLAIMS.—
‘‘(A) IN GENERAL.—No credit shall be allowed under
this section for any taxable year in the disallowance period.
‘‘(B) DISALLOWANCE PERIOD.—For purposes of subparagraph (A), the disallowance period is—
‘‘(i) the period of 10 taxable years after the most
recent taxable year for which there was a final determination that the taxpayer’s claim of credit under this
section was due to fraud, and
‘‘(ii) the period of 2 taxable years after the most
recent taxable year for which there was a final determination that the taxpayer’s claim of credit under this
section was due to reckless or intentional disregard
of rules and regulations (but not due to fraud).
‘‘(2) TAXPAYERS MAKING IMPROPER PRIOR CLAIMS.—In the
case of a taxpayer who is denied credit under this section
for any taxable year as a result of the deficiency procedures
under subchapter B of chapter 63, no credit shall be allowed
under this section for any subsequent taxable year unless the
taxpayer provides such information as the Secretary may
require to demonstrate eligibility for such credit.’’.
(2) AMERICAN OPPORTUNITY TAX CREDIT.—Section 25A(i),
as amended by the preceding provisions of this Act, is amended
by adding at the end the following new paragraph:
‘‘(7) RESTRICTIONS ON TAXPAYERS WHO IMPROPERLY CLAIMED
CREDIT IN PRIOR YEAR.—

H. R. 2029—843
‘‘(A) TAXPAYERS MAKING PRIOR FRAUDULENT OR RECKLESS CLAIMS.—
‘‘(i) IN GENERAL.—No credit shall be allowed under
this section for any taxable year in the disallowance
period.
‘‘(ii) DISALLOWANCE PERIOD.—For purposes of
clause (i), the disallowance period is—
‘‘(I) the period of 10 taxable years after the
most recent taxable year for which there was a
final determination that the taxpayer’s claim of
credit under this section was due to fraud, and
‘‘(II) the period of 2 taxable years after the
most recent taxable year for which there was a
final determination that the taxpayer’s claim of
credit under this section was due to reckless or
intentional disregard of rules and regulations (but
not due to fraud).
‘‘(B) TAXPAYERS MAKING IMPROPER PRIOR CLAIMS.—In
the case of a taxpayer who is denied credit under this
section for any taxable year as a result of the deficiency
procedures under subchapter B of chapter 63, no credit
shall be allowed under this section for any subsequent
taxable year unless the taxpayer provides such information
as the Secretary may require to demonstrate eligibility
for such credit.’’.
(b) MATH ERROR AUTHORITY.—
(1) EARNED INCOME TAX CREDIT.—Section 6213(g)(2)(K) is
amended by inserting before the comma at the end the following: ‘‘or an entry on the return claiming the credit under
section 32 for a taxable year for which the credit is disallowed
under subsection (k)(1) thereof’’.
(2) AMERICAN OPPORTUNITY TAX CREDIT AND CHILD TAX
CREDIT.—Section 6213(g)(2), as amended by the preceding provisions of this Act, is amended by striking ‘‘and’’ at the end
of subparagraph (N), by striking the period at the end of
subparagraph (O), and by inserting after subparagraph (O)
the following new subparagraphs:
‘‘(P) an omission of information required by section
24(h)(2) or an entry on the return claiming the credit
under section 24 for a taxable year for which the credit
is disallowed under subsection (h)(1) thereof, and
‘‘(Q) an omission of information required by section
25A(i)(8)(B) or an entry on the return claiming the credit
determined under section 25A(i) for a taxable year for
which the credit is disallowed under paragraph (8)(A)
thereof.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2015.
SEC. 209. TREATMENT OF CREDITS FOR PURPOSES OF CERTAIN PENALTIES.

(a) APPLICATION OF UNDERPAYMENT PENALTIES.—Section
6664(a) is amended by adding at the end the following: ‘‘A rule
similar to the rule of section 6211(b)(4) shall apply for purposes
of this subsection.’’.
(b) PENALTY FOR ERRONEOUS CLAIM OF CREDIT MADE
APPLICABLE TO EARNED INCOME CREDIT.—Section 6676(a) is

H. R. 2029—844
amended by striking ‘‘(other than a claim for a refund or credit
relating to the earned income credit under section 32)’’.
(c) REASONABLE CAUSE EXCEPTION FOR ERRONEOUS CLAIM FOR
REFUND OR CREDIT.—
(1) IN GENERAL.—Section 6676(a) is amended by striking
‘‘has a reasonable basis’’ and inserting ‘‘is due to reasonable
cause’’.
(2) NONECONOMIC SUBSTANCE TRANSACTIONS.—Section
6676(c) is amended by striking ‘‘having a reasonable basis’’
and inserting ‘‘due to reasonable cause’’.
(d) EFFECTIVE DATES.—
(1) UNDERPAYMENT PENALTIES.—The amendment made by
subsection (a) shall apply to—
(A) returns filed after the date of the enactment of
this Act, and
(B) returns filed on or before such date if the period
specified in section 6501 of the Internal Revenue Code
of 1986 for assessment of the taxes with respect to which
such return relates has not expired as of such date.
(2) PENALTY FOR ERRONEOUS CLAIM OF CREDIT.—The
amendment made by subsection (b) shall apply to claims filed
after the date of the enactment of this Act.
SEC. 210. INCREASE THE PENALTY APPLICABLE TO PAID TAX PREPARERS WHO ENGAGE IN WILLFUL OR RECKLESS CONDUCT.

(a) IN GENERAL.—Section 6694(b)(1)(B) is amended by striking
‘‘50 percent’’ and inserting ‘‘75 percent’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to returns prepared for taxable years ending after
the date of the enactment of this Act.
SEC. 211. EMPLOYER IDENTIFICATION NUMBER REQUIRED FOR AMERICAN OPPORTUNITY TAX CREDIT.

(a) IN GENERAL.—Section 25A(i)(6), as added by this Act, is
amended by adding at the end the following new subparagraph:
‘‘(C) INSTITUTION.—No Hope Scholarship Credit shall
be allowed under this section unless the taxpayer includes
the employer identification number of any institution to
which qualified tuition and related expenses were paid
with respect to the individual.’’.
(b) INFORMATION REPORTING.—Section 6050S(b)(2) is amended
by striking ‘‘and’’ at the end of subparagraph (B), by redesignating
subparagraph (C) as subparagraph (D), and by inserting after
subparagraph (B) the following new subparagraph:
‘‘(C) the employer identification number of the institution, and’’.
(c) EFFECTIVE DATE.—
(1) SUBSECTION (a).—The amendments made by subsection
(a) shall apply to taxable years beginning after December 31,
2015.
(2) SUBSECTION (b).—The amendments made by subsection
(b) shall apply to expenses paid after December 31, 2015, for
education furnished in academic periods beginning after such
date.

H. R. 2029—845
SEC. 212. HIGHER EDUCATION INFORMATION REPORTING ONLY TO
INCLUDE QUALIFIED TUITION AND RELATED EXPENSES
ACTUALLY PAID.

(a) IN GENERAL.—Section 6050S(b)(2)(B)(i) is amended by
striking ‘‘or the aggregate amount billed’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(b) shall apply to expenses paid after December 31, 2015, for education furnished in academic periods beginning after such date.

TITLE III—MISCELLANEOUS
PROVISIONS
Subtitle A—Family Tax Relief
SEC. 301. EXCLUSION FOR AMOUNTS RECEIVED UNDER THE WORK
COLLEGES PROGRAM.

(a) IN GENERAL.—Paragraph (2) of section 117(c) is amended
by striking ‘‘or’’ at the end of subparagraph (A), by striking the
period at the end of subparagraph (B) and inserting ‘‘, or’’, and
by adding at the end the following new subparagraph:
‘‘(C) a comprehensive student work-learning-service
program (as defined in section 448(e) of the Higher Education Act of 1965) operated by a work college (as defined
in such section).’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to amounts received in taxable years beginning after
the date of the enactment of this Act.
SEC. 302. IMPROVEMENTS TO SECTION 529 ACCOUNTS.

(a) COMPUTER TECHNOLOGY AND EQUIPMENT PERMANENTLY
ALLOWED AS A QUALIFIED HIGHER EDUCATION EXPENSE FOR SECTION 529 ACCOUNTS.—
(1) IN GENERAL.—Section 529(e)(3)(A)(iii) is amended to
read as follows:
‘‘(iii) expenses for the purchase of computer or
peripheral equipment (as defined in section
168(i)(2)(B)), computer software (as defined in section
197(e)(3)(B)), or Internet access and related services,
if such equipment, software, or services are to be used
primarily by the beneficiary during any of the years
the beneficiary is enrolled at an eligible educational
institution.’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to taxable years beginning after December
31, 2014.
(b) ELIMINATION OF DISTRIBUTION AGGREGATION REQUIREMENTS.—
(1) IN GENERAL.—Section 529(c)(3) is amended by striking
subparagraph (D).
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to distributions after December 31, 2014.
(c) RECONTRIBUTION OF REFUNDED AMOUNTS.—
(1) IN GENERAL.—Section 529(c)(3), as amended by subsection (b), is amended by adding at the end the following
new subparagraph:

H. R. 2029—846
‘‘(D) SPECIAL RULE FOR CONTRIBUTIONS OF REFUNDED
AMOUNTS.—In the case of a beneficiary who receives a
refund of any qualified higher education expenses from
an eligible educational institution, subparagraph (A) shall
not apply to that portion of any distribution for the taxable
year which is recontributed to a qualified tuition program
of which such individual is a beneficiary, but only to the
extent such recontribution is made not later than 60 days
after the date of such refund and does not exceed the
refunded amount.’’.
(2) EFFECTIVE DATE.—
(A) IN GENERAL.—The amendment made by this subsection shall apply with respect to refunds of qualified
higher education expenses after December 31, 2014.
(B) TRANSITION RULE.—In the case of a refund of qualified higher education expenses received after December
31, 2014, and before the date of the enactment of this
Act, section 529(c)(3)(D) of the Internal Revenue Code of
1986 (as added by this subsection) shall be applied by
substituting ‘‘not later than 60 days after the date of the
enactment of this subparagraph’’ for ‘‘not later than 60
days after the date of such refund’’.
SEC. 303. ELIMINATION OF RESIDENCY REQUIREMENT FOR QUALIFIED
ABLE PROGRAMS.

(a) IN GENERAL.—Section 529A(b)(1) is amended by striking
subparagraph (C), by inserting ‘‘and’’ at the end of subparagraph
(B), and by redesignating subparagraph (D) as subparagraph (C).
(b) CONFORMING AMENDMENTS.—
(1) The second sentence of section 529A(d)(3) is amended
by striking ‘‘and State of residence’’.
(2) Section 529A(e) is amended by striking paragraph (7).
(c) TECHNICAL AMENDMENTS.—
(1) Section 529A(d)(4) is amended by striking ‘‘section 4’’
and inserting ‘‘section 103’’.
(2) Section 529A(c)(1)(C)(i) is amended by striking ‘‘family
member’’ and inserting ‘‘member of the family’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2014.
SEC. 304. EXCLUSION FOR WRONGFULLY INCARCERATED INDIVIDUALS.

(a) IN GENERAL.—Part III of subchapter B of chapter 1 is
amended by inserting before section 140 the following new section:
‘‘SEC. 139F. CERTAIN AMOUNTS RECEIVED BY WRONGFULLY INCARCERATED INDIVIDUALS.

‘‘(a) EXCLUSION FROM GROSS INCOME.—In the case of any
wrongfully incarcerated individual, gross income shall not include
any civil damages, restitution, or other monetary award (including
compensatory or statutory damages and restitution imposed in a
criminal matter) relating to the incarceration of such individual
for the covered offense for which such individual was convicted.
‘‘(b) WRONGFULLY INCARCERATED INDIVIDUAL.—For purposes of
this section, the term ‘wrongfully incarcerated individual’ means
an individual—
‘‘(1) who was convicted of a covered offense,

H. R. 2029—847
‘‘(2) who served all or part of a sentence of imprisonment
relating to that covered offense, and
‘‘(3)(A) who was pardoned, granted clemency, or granted
amnesty for that covered offense because that individual was
innocent of that covered offense, or
‘‘(B)(i) for whom the judgment of conviction for that covered
offense was reversed or vacated, and
‘‘(ii) for whom the indictment, information, or other accusatory instrument for that covered offense was dismissed or who
was found not guilty at a new trial after the judgment of
conviction for that covered offense was reversed or vacated.
‘‘(c) COVERED OFFENSE.—For purposes of this section, the term
‘covered offense’ means any criminal offense under Federal or State
law, and includes any criminal offense arising from the same course
of conduct as that criminal offense.’’.
(b) CONFORMING AMENDMENT.—The table of sections for part
III of subchapter B of chapter 1 is amended by inserting after
the item relating to section 139E the following new item:
‘‘Sec. 139F. Certain amounts received by wrongfully incarcerated individuals.’’.

(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning before, on, or after the
date of the enactment of this Act.
(d) WAIVER OF LIMITATIONS.—If the credit or refund of any
overpayment of tax resulting from the application of this Act to
a period before the date of enactment of this Act is prevented
as of such date by the operation of any law or rule of law (including
res judicata), such credit or refund may nevertheless be allowed
or made if the claim therefor is filed before the close of the 1year period beginning on the date of the enactment of this Act.
SEC. 305. CLARIFICATION OF SPECIAL RULE FOR CERTAIN GOVERNMENTAL PLANS.

(a) IN GENERAL.—Paragraph (1) of section 105(j) is amended—
(1) by striking ‘‘the taxpayer’’ and inserting ‘‘a qualified
taxpayer’’, and
(2) by striking ‘‘deceased plan participant’s beneficiary’’
and inserting ‘‘deceased employee’s beneficiary (other than an
individual described in paragraph (3)(B))’’.
(b) QUALIFIED TAXPAYER.—Subsection (j) of section 105 is
amended by adding at the end the following new paragraph:
‘‘(3) QUALIFIED TAXPAYER.—For purposes of paragraph (1),
with respect to an accident or health plan described in paragraph (2), the term ‘qualified taxpayer’ means a taxpayer who
is—
‘‘(A) an employee, or
‘‘(B) the spouse, dependent (as defined for purposes
of subsection (b)), or child (as defined for purposes of such
subsection) of an employee.’’.
(c) APPLICATION TO POLITICAL SUBDIVISIONS OF STATES.—Paragraph (2) of section 105(j) is amended—
(1) by inserting ‘‘or established by or on behalf of a State
or political subdivision thereof’’ after ‘‘public retirement
system’’, and
(2) by inserting ‘‘or 501(c)(9)’’ after ‘‘section 115’’ in subparagraph (B).

H. R. 2029—848
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to payments after the date of the enactment of this
Act.
SEC. 306. ROLLOVERS PERMITTED FROM OTHER RETIREMENT PLANS
INTO SIMPLE RETIREMENT ACCOUNTS.

(a) IN GENERAL.—Section 408(p)(1)(B) is amended by inserting
‘‘except in the case of a rollover contribution described in subsection
(d)(3)(G) or a rollover contribution otherwise described in subsection
(d)(3) or in section 402(c), 403(a)(4), 403(b)(8), or 457(e)(16), which
is made after the 2-year period described in section 72(t)(6),’’ before
‘‘with respect to which the only contributions allowed’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to contributions made after the date of the enactment
of this Act.
SEC. 307. TECHNICAL AMENDMENT RELATING TO ROLLOVER OF CERTAIN AIRLINE PAYMENT AMOUNTS.

(a) IN GENERAL.—Section 1106(a) of the FAA Modernization
and Reform Act of 2012 (26 U.S.C. 408 note) is amended by adding
at the end the following new paragraph:
‘‘(6) SPECIAL RULE FOR CERTAIN AIRLINE PAYMENT
AMOUNTS.—In the case of any amount which became an airline
payment amount by reason of the amendments made by section
1(b) of Public Law 113–243 (26 U.S.C. 408 note), paragraph
(1) shall be applied by substituting ‘(or, if later, within the
period beginning on December 18, 2014, and ending on the
date which is 180 days after the date of enactment of the
Protecting Americans from Tax Hikes Act of 2015)’ for ‘(or,
if later, within 180 days of the date of the enactment of this
Act)’.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect as if included in Public Law 113–243 (26 U.S.C.
408 note).
SEC. 308. TREATMENT OF EARLY RETIREMENT DISTRIBUTIONS FOR
NUCLEAR MATERIALS COURIERS, UNITED STATES CAPITOL POLICE, SUPREME COURT POLICE, AND DIPLOMATIC
SECURITY SPECIAL AGENTS.

(a) IN GENERAL.—Section 72(t)(10)(B)(ii), as added by Public
Law 114–26, is amended by striking ‘‘or any’’ and inserting ‘‘any’’
and by inserting before the period at the end the following: ‘‘,
any nuclear materials courier described in section 8331(27) or
8401(33) of such title, any member of the United States Capitol
Police, any member of the Supreme Court Police, or any diplomatic
security special agent of the Department of State’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions after December 31, 2015.
SEC. 309. PREVENTION OF EXTENSION OF TAX COLLECTION PERIOD
FOR MEMBERS OF THE ARMED FORCES WHO ARE
HOSPITALIZED AS A RESULT OF COMBAT ZONE INJURIES.

(a) IN GENERAL.—Section 7508(e) is amended by adding at
the end the following new paragraph:
‘‘(3) COLLECTION PERIOD AFTER ASSESSMENT NOT EXTENDED
AS A RESULT OF HOSPITALIZATION.—With respect to any period
of continuous qualified hospitalization described in subsection

H. R. 2029—849
(a) and the next 180 days thereafter, subsection (a) shall not
apply in the application of section 6502.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxes assessed before, on, or after the date of the
enactment of this Act.

Subtitle B—Real Estate Investment Trusts
SEC. 311. RESTRICTION ON TAX-FREE SPINOFFS INVOLVING REITS.

(a) IN GENERAL.—Section 355 is amended by adding at the
end the following new subsection:
‘‘(h) RESTRICTION ON DISTRIBUTIONS INVOLVING REAL ESTATE
INVESTMENT TRUSTS.—
‘‘(1) IN GENERAL.—This section (and so much of section
356 as relates to this section) shall not apply to any distribution
if either the distributing corporation or controlled corporation
is a real estate investment trust.
‘‘(2) EXCEPTIONS FOR CERTAIN SPINOFFS.—
‘‘(A) SPINOFFS OF A REAL ESTATE INVESTMENT TRUST
BY ANOTHER REAL ESTATE INVESTMENT TRUST.—Paragraph
(1) shall not apply to any distribution if, immediately after
the distribution, the distributing corporation and the controlled corporation are both real estate investment trusts.
‘‘(B) SPINOFFS OF CERTAIN TAXABLE REIT SUBSIDIARIES.—Paragraph (1) shall not apply to any distribution
if—
‘‘(i) the distributing corporation has been a real
estate investment trust at all times during the 3-year
period ending on the date of such distribution,
‘‘(ii) the controlled corporation has been a taxable
REIT subsidiary (as defined in section 856(l)) of the
distributing corporation at all times during such
period, and
‘‘(iii) the distributing corporation had control (as
defined in section 368(c) applied by taking into account
stock owned directly or indirectly, including through
one or more corporations or partnerships, by the distributing corporation) of the controlled corporation at
all times during such period.
A controlled corporation will be treated as meeting the
requirements of clauses (ii) and (iii) if the stock of such
corporation was distributed by a taxable REIT subsidiary
in a transaction to which this section (or so much of section
356 as relates to this section) applies and the assets of
such corporation consist solely of the stock or assets of
assets held by one or more taxable REIT subsidiaries of
the distributing corporation meeting the requirements of
clauses (ii) and (iii). For purposes of clause (iii), control
of a partnership means ownership of 80 percent of the
profits interest and 80 percent of the capital interests.’’.
(b) PREVENTION OF REIT ELECTION FOLLOWING TAX-FREE SPIN
OFF.—Section 856(c) is amended by redesignating paragraph (8)
as paragraph (9) and by inserting after paragraph (7) the following
new paragraph:

H. R. 2029—850
‘‘(8) ELECTION AFTER TAX-FREE REORGANIZATION.—If a corporation was a distributing corporation or a controlled corporation (other than a controlled corporation with respect to a
distribution described in section 355(h)(2)(A)) with respect to
any distribution to which section 355 (or so much of section
356 as relates to section 355) applied, such corporation (and
any successor corporation) shall not be eligible to make any
election under paragraph (1) for any taxable year beginning
before the end of the 10-year period beginning on the date
of such distribution.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions on or after December 7, 2015, but
shall not apply to any distribution pursuant to a transaction
described in a ruling request initially submitted to the Internal
Revenue Service on or before such date, which request has not
been withdrawn and with respect to which a ruling has not been
issued or denied in its entirety as of such date.
SEC. 312. REDUCTION IN PERCENTAGE LIMITATION ON ASSETS OF
REIT WHICH MAY BE TAXABLE REIT SUBSIDIARIES.

(a) IN GENERAL.—Section 856(c)(4)(B)(ii) is amended by striking
‘‘25 percent’’ and inserting ‘‘20 percent’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2017.
SEC. 313. PROHIBITED TRANSACTION SAFE HARBORS.
OF

(a) ALTERNATIVE 3–YEAR AVERAGING TEST FOR PERCENTAGE
ASSETS THAT CAN BE SOLD ANNUALLY.—
(1) IN GENERAL.—Clause (iii) of section 857(b)(6)(C) is
amended by inserting before the semicolon at the end the
following: ‘‘, or (IV) the trust satisfies the requirements of
subclause (II) applied by substituting ‘20 percent’ for ‘10 percent’ and the 3-year average adjusted bases percentage for
the taxable year (as defined in subparagraph (G)) does not
exceed 10 percent, or (V) the trust satisfies the requirements
of subclause (III) applied by substituting ‘20 percent’ for ‘10
percent’ and the 3-year average fair market value percentage
for the taxable year (as defined in subparagraph (H)) does
not exceed 10 percent’’.
(2) 3-YEAR AVERAGE ADJUSTED BASES AND FAIR MARKET
VALUE PERCENTAGES.—Paragraph (6) of section 857(b) is
amended by redesignating subparagraphs (G) and (H) as subparagraphs (I) and (J), respectively, and by inserting after
subparagraph (F) the following new subparagraphs:
‘‘(G) 3-YEAR AVERAGE ADJUSTED BASES PERCENTAGE.—
The term ‘3-year average adjusted bases percentage’ means,
with respect to any taxable year, the ratio (expressed as
a percentage) of—
‘‘(i) the aggregate adjusted bases (as determined
for purposes of computing earnings and profits) of property (other than sales of foreclosure property or sales
to which section 1033 applies) sold during the 3 taxable
year period ending with such taxable year, divided
by
‘‘(ii) the sum of the aggregate adjusted bases (as
so determined) of all of the assets of the trust as
of the beginning of each of the 3 taxable years which
are part of the period referred to in clause (i).

H. R. 2029—851
‘‘(H) 3-YEAR AVERAGE FAIR MARKET VALUE PERCENTterm ‘3-year average fair market value percentage’ means, with respect to any taxable year, the ratio
(expressed as a percentage) of—
‘‘(i) the fair market value of property (other than
sales of foreclosure property or sales to which section
1033 applies) sold during the 3 taxable year period
ending with such taxable year, divided by
‘‘(ii) the sum of the fair market value of all of
the assets of the trust as of the beginning of each
of the 3 taxable years which are part of the period
referred to in clause (i).’’.
(3) CONFORMING AMENDMENTS.—Clause (iv) of section
857(b)(6)(D) is amended by adding ‘‘or’’ at the end of subclause
(III) and by adding at the end the following new subclauses:
‘‘(IV) the trust satisfies the requirements of
subclause (II) applied by substituting ‘20 percent’
for ‘10 percent’ and the 3-year average adjusted
bases percentage for the taxable year (as defined
in subparagraph (G)) does not exceed 10 percent,
or
‘‘(V) the trust satisfies the requirements of
subclause (III) applied by substituting ‘20 percent’
for ‘10 percent’ and the 3-year average fair market
value percentage for the taxable year (as defined
in subparagraph (H)) does not exceed 10 percent,’’.
(b) APPLICATION OF SAFE HARBORS INDEPENDENT OF DETERMINATION WHETHER REAL ESTATE ASSET IS INVENTORY PROPERTY.—
(1) IN GENERAL.—Subparagraphs (C) and (D) of section
857(b)(6) are each amended by striking ‘‘and which is described
in section 1221(a)(1)’’ in the matter preceding clause (i).
(2) NO INFERENCE FROM SAFE HARBORS.—Subparagraph (F)
of section 857(b)(6) is amended to read as follows:
‘‘(F) NO INFERENCE WITH RESPECT TO TREATMENT AS
INVENTORY PROPERTY.—The determination of whether property is described in section 1221(a)(1) shall be made without
regard to this paragraph.’’.
(c) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by subsection
(a) shall apply to taxable years beginning after the date of
the enactment of this Act.
(2) APPLICATION OF SAFE HARBORS.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the amendments made by subsection (b) shall take
effect as if included in section 3051 of the Housing Assistance Tax Act of 2008.
(B) RETROACTIVE APPLICATION OF NO INFERENCE NOT
AGE.—The

APPLICABLE TO CERTAIN TIMBER PROPERTY PREVIOUSLY
TREATED AS NOT INVENTORY PROPERTY.—The amendment

made by subsection (b)(2) shall not apply to any sale of
property to which section 857(b)(6)(G) of the Internal Revenue Code of 1986 (as in effect on the day before the
date of the enactment of this Act) applies.

H. R. 2029—852
SEC. 314. REPEAL OF PREFERENTIAL DIVIDEND RULE FOR PUBLICLY
OFFERED REITS.

(a) IN GENERAL.—Section 562(c) is amended by inserting ‘‘or
a publicly offered REIT’’ after ‘‘a publicly offered regulated investment company (as defined in section 67(c)(2)(B))’’.
(b) PUBLICLY OFFERED REIT.—Section 562(c), as amended by
subsection (a), is amended—
(1) by striking ‘‘Except in the case of’’ and inserting the
following:
‘‘(1) IN GENERAL.—Except in the case of’’, and
(2) by adding at the end the following new paragraph:
‘‘(2) PUBLICLY OFFERED REIT.—For purposes of this subsection, the term ‘publicly offered REIT’ means a real estate
investment trust which is required to file annual and periodic
reports with the Securities and Exchange Commission under
the Securities Exchange Act of 1934.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions in taxable years beginning after
December 31, 2014.
SEC. 315. AUTHORITY FOR ALTERNATIVE REMEDIES TO ADDRESS CERTAIN REIT DISTRIBUTION FAILURES.

(a) IN GENERAL.—Subsection (e) of section 562 is amended—
(1) by striking ‘‘In the case of a real estate investment
trust’’ and inserting the following:
‘‘(1) DETERMINATION OF EARNINGS AND PROFITS FOR PURPOSES OF DIVIDENDS PAID DEDUCTION.—In the case of a real
estate investment trust’’, and
(2) by adding at the end the following new paragraph:
‘‘(2) AUTHORITY TO PROVIDE ALTERNATIVE REMEDIES FOR
CERTAIN FAILURES.—In the case of a failure of a distribution
by a real estate investment trust to comply with the requirements of subsection (c), the Secretary may provide an appropriate remedy to cure such failure in lieu of not considering
the distribution to be a dividend for purposes of computing
the dividends paid deduction if—
‘‘(A) the Secretary determines that such failure is inadvertent or is due to reasonable cause and not due to willful
neglect, or
‘‘(B) such failure is of a type of failure which the
Secretary has identified for purposes of this paragraph
as being described in subparagraph (A).’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions in taxable years beginning after
December 31, 2015.
SEC. 316. LIMITATIONS ON DESIGNATION OF DIVIDENDS BY REITS.

(a) IN GENERAL.—Section 857 is amended by redesignating
subsection (g) as subsection (h) and by inserting after subsection
(f) the following new subsection:
‘‘(g) LIMITATIONS ON DESIGNATION OF DIVIDENDS.—
‘‘(1) OVERALL LIMITATION.—The aggregate amount of dividends designated by a real estate investment trust under subsections (b)(3)(C) and (c)(2)(A) with respect to any taxable year
may not exceed the dividends paid by such trust with respect
to such year. For purposes of the preceding sentence, dividends

H. R. 2029—853
paid after the close of the taxable year described in section
858 shall be treated as paid with respect to such year.
‘‘(2) PROPORTIONALITY.—The Secretary may prescribe regulations or other guidance requiring the proportionality of the
designation of particular types of dividends among shares or
beneficial interests of a real estate investment trust.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions in taxable years beginning after
December 31, 2015.
SEC. 317. DEBT INSTRUMENTS OF PUBLICLY OFFERED REITS AND
MORTGAGES TREATED AS REAL ESTATE ASSETS.

(a) DEBT INSTRUMENTS OF PUBLICLY OFFERED REITS TREATED
REAL ESTATE ASSETS.—
(1) IN GENERAL.—Subparagraph (B) of section 856(c)(5) is
amended—
(A) by striking ‘‘and shares’’ and inserting ‘‘, shares’’,
and
(B) by inserting ‘‘, and debt instruments issued by
publicly offered REITs’’ before the period at the end of
the first sentence.
(2) INCOME FROM NONQUALIFIED DEBT INSTRUMENTS OF PUBLICLY OFFERED REITS NOT QUALIFIED FOR PURPOSES OF SATISFYING THE 75 PERCENT GROSS INCOME TEST.—Subparagraph (H)
of section 856(c)(3) is amended by inserting ‘‘(other than a
nonqualified publicly offered REIT debt instrument)’’ after ‘‘real
estate asset’’.
(3) 25 PERCENT ASSET LIMITATION ON HOLDING OF NONQUALIFIED DEBT INSTRUMENTS OF PUBLICLY OFFERED REITS.—
Subparagraph (B) of section 856(c)(4) is amended by redesignating clause (iii) as clause (iv) and by inserting after clause
(ii) the following new clause:
‘‘(iii) not more than 25 percent of the value of
its total assets is represented by nonqualified publicly
offered REIT debt instruments, and’’.
(4) DEFINITIONS RELATED TO DEBT INSTRUMENTS OF PUBLICLY OFFERED REITS.—Paragraph (5) of section 856(c) is
amended by adding at the end the following new subparagraph:
‘‘(L) DEFINITIONS RELATED TO DEBT INSTRUMENTS OF
PUBLICLY OFFERED REITS.—
‘‘(i) PUBLICLY OFFERED REIT.—The term ‘publicly
offered REIT’ has the meaning given such term by
section 562(c)(2).
‘‘(ii) NONQUALIFIED PUBLICLY OFFERED REIT DEBT
INSTRUMENT.—The term ‘nonqualified publicly offered
REIT debt instrument’ means any real estate asset
which would cease to be a real estate asset if subparagraph (B) were applied without regard to the reference
to ‘debt instruments issued by publicly offered REITs’.’’.
(b) INTERESTS IN MORTGAGES ON INTERESTS IN REAL PROPERTY
TREATED AS REAL ESTATE ASSETS.—Subparagraph (B) of section
856(c)(5) is amended by inserting ‘‘or on interests in real property’’
after ‘‘interests in mortgages on real property’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2015.
AS

H. R. 2029—854
SEC. 318. ASSET AND INCOME TEST CLARIFICATION REGARDING
ANCILLARY PERSONAL PROPERTY.

(a) IN GENERAL.—Subsection (c) of section 856, as amended
by the preceding provisions of this Act, is amended by redesignating
paragraph (9) as paragraph (10) and by inserting after paragraph
(8) the following new paragraph:
‘‘(9) SPECIAL RULES FOR CERTAIN PERSONAL PROPERTY
WHICH IS ANCILLARY TO REAL PROPERTY.—
‘‘(A) CERTAIN PERSONAL PROPERTY LEASED IN CONNECTION WITH REAL PROPERTY.—Personal property shall be
treated as a real estate asset for purposes of paragraph
(4)(A) to the extent that rents attributable to such personal
property are treated as rents from real property under
subsection (d)(1)(C).
‘‘(B) CERTAIN PERSONAL PROPERTY MORTGAGED IN
CONNECTION WITH REAL PROPERTY.—In the case of an
obligation secured by a mortgage on both real property
and personal property, if the fair market value of such
personal property does not exceed 15 percent of the total
fair market value of all such property, such obligation
shall be treated—
‘‘(i) for purposes of paragraph (3)(B), as an obligation described therein, and
‘‘(ii) for purposes of paragraph (4)(A), as a real
estate asset.
For purposes of the preceding sentence, the fair market
value of all such property shall be determined in the same
manner as the fair market value of real property is determined for purposes of apportioning interest income between
real property and personal property under paragraph
(3)(B).’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2015.
SEC. 319. HEDGING PROVISIONS.

(a) MODIFICATION TO PERMIT THE TERMINATION OF A HEDGING
TRANSACTION USING AN ADDITIONAL HEDGING INSTRUMENT.—
Subparagraph (G) of section 856(c)(5) is amended by striking ‘‘and’’
at the end of clause (i), by striking the period at the end of
clause (ii) and inserting ‘‘, and’’, and by adding at the end the
following new clause:
‘‘(iii) if—
‘‘(I) a real estate investment trust enters into
one or more positions described in clause (i) with
respect to indebtedness described in clause (i) or
one or more positions described in clause (ii) with
respect to property which generates income or gain
described in paragraph (2) or (3),
‘‘(II) any portion of such indebtedness is extinguished or any portion of such property is disposed
of, and
‘‘(III) in connection with such extinguishment
or disposition, such trust enters into one or more
transactions which would be hedging transactions
described in clause (ii) or (iii) of section
1221(b)(2)(A) with respect to any position referred

H. R. 2029—855
to in subclause (I) if such position were ordinary
property,
any income of such trust from any position referred
to in subclause (I) and from any transaction referred
to in subclause (III) (including gain from the termination of any such position or transaction) shall not
constitute gross income under paragraphs (2) and (3)
to the extent that such transaction hedges such position.’’.
(b) IDENTIFICATION REQUIREMENTS.—
(1) IN GENERAL.—Subparagraph (G) of section 856(c)(5),
as amended by subsection (a), is amended by striking ‘‘and’’
at the end of clause (ii), by striking the period at the end
of clause (iii) and inserting ‘‘, and’’, and by adding at the
end the following new clause:
‘‘(iv) clauses (i), (ii), and (iii) shall not apply with
respect to any transaction unless such transaction
satisfies the identification requirement described in
section 1221(a)(7) (determined after taking into account
any curative provisions provided under the regulations
referred to therein).’’.
(2) CONFORMING AMENDMENTS.—Subparagraph (G) of section 856(c)(5) is amended—
(A) by striking ‘‘which is clearly identified pursuant
to section 1221(a)(7)’’ in clause (i), and
(B) by striking ‘‘, but only if such transaction is clearly
identified as such before the close of the day on which
it was acquired, originated, or entered into (or such other
time as the Secretary may prescribe)’’ in clause (ii).
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2015.
SEC. 320. MODIFICATION OF REIT EARNINGS AND PROFITS CALCULATION TO AVOID DUPLICATE TAXATION.

(a) EARNINGS AND PROFITS NOT INCREASED BY AMOUNTS
ALLOWED IN COMPUTING TAXABLE INCOME IN PRIOR YEARS.—Section
857(d) is amended—
(1) by amending paragraph (1) to read as follows:
‘‘(1) IN GENERAL.—The earnings and profits of a real estate
investment trust for any taxable year (but not its accumulated
earnings) shall not be reduced by any amount which—
‘‘(A) is not allowable in computing its taxable income
for such taxable year, and
‘‘(B) was not allowable in computing its taxable income
for any prior taxable year.’’, and
(2) by adding at the end the following new paragraphs:
‘‘(4) REAL ESTATE INVESTMENT TRUST.—For purposes of this
subsection, the term ‘real estate investment trust’ includes
a domestic corporation, trust, or association which is a real
estate investment trust determined without regard to the
requirements of subsection (a).
‘‘(5) SPECIAL RULES FOR DETERMINING EARNINGS AND
PROFITS FOR PURPOSES OF THE DEDUCTION FOR DIVIDENDS
PAID.—For special rules for determining the earnings and

profits of a real estate investment trust for purposes of the
deduction for dividends paid, see section 562(e)(1).’’.

H. R. 2029—856
(b) EXCEPTION FOR PURPOSES OF DETERMINING DIVIDENDS PAID
DEDUCTION.—Section 562(e)(1), as amended by the preceding provisions of this Act, is amended by striking ‘‘deduction, the earnings’’
and all that follows and inserting the following: ‘‘deduction—
‘‘(A) the earnings and profits of such trust for any
taxable year (but not its accumulated earnings) shall be
increased by the amount of gain (if any) on the sale or
exchange of real property which is taken into account in
determining the taxable income of such trust for such taxable year (and not otherwise taken into account in determining such earnings and profits), and
‘‘(B) section 857(d)(1) shall be applied without regard
to subparagraph (B) thereof.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2015.
SEC. 321. TREATMENT OF CERTAIN SERVICES PROVIDED BY TAXABLE
REIT SUBSIDIARIES.

(a) TAXABLE REIT SUBSIDIARIES TREATED IN SAME MANNER
AS INDEPENDENT CONTRACTORS FOR CERTAIN PURPOSES.—
(1) MARKETING AND DEVELOPMENT EXPENSES UNDER RENTAL
PROPERTY SAFE HARBOR.—Clause (v) of section 857(b)(6)(C) is
amended by inserting ‘‘or a taxable REIT subsidiary’’ before
the period at the end.
(2) MARKETING EXPENSES UNDER TIMBER SAFE HARBOR.—
Clause (v) of section 857(b)(6)(D) is amended by striking ‘‘,
in the case of a sale on or before the termination date,’’.
(3) FORECLOSURE PROPERTY GRACE PERIOD.—Subparagraph
(C) of section 856(e)(4) is amended by inserting ‘‘or through
a taxable REIT subsidiary’’ after ‘‘receive any income’’.
(b) TAX ON REDETERMINED TRS SERVICE INCOME.—
(1) IN GENERAL.—Subparagraph (A) of section 857(b)(7)
is amended by striking ‘‘and excess interest’’ and inserting
‘‘excess interest, and redetermined TRS service income’’.
(2) REDETERMINED TRS SERVICE INCOME.—Paragraph (7)
of section 857(b) is amended by redesignating subparagraphs
(E) and (F) as subparagraphs (F) and (G), respectively, and
inserting after subparagraph (D) the following new subparagraph:
‘‘(E) REDETERMINED TRS SERVICE INCOME.—
‘‘(i) IN GENERAL.—The term ‘redetermined TRS
service income’ means gross income of a taxable REIT
subsidiary of a real estate investment trust attributable to services provided to, or on behalf of, such
trust (less deductions properly allocable thereto) to
the extent the amount of such income (less such deductions) would (but for subparagraph (F)) be increased
on distribution, apportionment, or allocation under section 482.
‘‘(ii) COORDINATION WITH REDETERMINED RENTS.—
Clause (i) shall not apply with respect to gross income
attributable to services furnished or rendered to a tenant of the real estate investment trust (or to deductions
properly allocable thereto).’’.
(3) CONFORMING AMENDMENTS.—Subparagraphs (B)(i) and
(C) of section 857(b)(7) are each amended by striking ‘‘subparagraph (E)’’ and inserting ‘‘subparagraph (F)’’.

H. R. 2029—857
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2015.
SEC. 322. EXCEPTION FROM FIRPTA FOR CERTAIN STOCK OF REITS.

(a) MODIFICATIONS OF OWNERSHIP RULES.—
(1) IN GENERAL.—Section 897 is amended by adding at
the end the following new subsection:
‘‘(k) SPECIAL RULES RELATING TO REAL ESTATE INVESTMENT
TRUSTS.—
‘‘(1) INCREASE IN PERCENTAGE OWNERSHIP FOR EXCEPTIONS
FOR PERSONS HOLDING PUBLICLY TRADED STOCK.—
‘‘(A) DISPOSITIONS.—In the case of any disposition of
stock in a real estate investment trust, paragraphs (3)
and (6)(C) of subsection (c) shall each be applied by substituting ‘more than 10 percent’ for ‘more than 5 percent’.
‘‘(B) DISTRIBUTIONS.—In the case of any distribution
from a real estate investment trust, subsection (h)(1) shall
be applied by substituting ‘10 percent’ for ‘5 percent’.
‘‘(2) STOCK HELD BY QUALIFIED SHAREHOLDERS NOT TREATED
AS USRPI.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B)—
‘‘(i) stock of a real estate investment trust which
is held directly (or indirectly through 1 or more partnerships) by a qualified shareholder shall not be
treated as a United States real property interest, and
‘‘(ii) notwithstanding subsection (h)(1), any distribution to a qualified shareholder shall not be treated
as gain recognized from the sale or exchange of a
United States real property interest to the extent the
stock of the real estate investment trust held by such
qualified shareholder is not treated as a United States
real property interest under clause (i).
‘‘(B) EXCEPTION.—In the case of a qualified shareholder
with 1 or more applicable investors—
‘‘(i) subparagraph (A)(i) shall not apply to so much
of the stock of a real estate investment trust held
by a qualified shareholder as bears the same ratio
to the value of the interests (other than interests held
solely as a creditor) held by such applicable investors
in the qualified shareholder bears to value of all
interests (other than interests held solely as a creditor)
in the qualified shareholder, and
‘‘(ii) a percentage equal to the ratio determined
under clause (i) of the amounts realized by the qualified
shareholder with respect to any disposition of stock
in the real estate investment trust or with respect
to any distribution from the real estate investment
trust attributable to gain from sales or exchanges of
a United States real property interest shall be treated
as amounts realized from the disposition of United
States real property interests.
‘‘(C) SPECIAL RULE FOR CERTAIN DISTRIBUTIONS
TREATED AS SALE OR EXCHANGE.—If a distribution by a
real estate investment trust is treated as a sale or exchange
of stock under section 301(c)(3), 302, or 331 with respect
to a qualified shareholder—

H. R. 2029—858
‘‘(i) in the case of an applicable investor, subparagraph (B) shall apply with respect to such distribution,
and
‘‘(ii) in the case of any other person, such distribution shall be treated under section 857(b)(3)(F) as a
dividend from a real estate investment trust notwithstanding any other provision of this title.
‘‘(D) APPLICABLE INVESTOR.—For purposes of this paragraph, the term ‘applicable investor’ means, with respect
to any qualified shareholder holding stock in a real estate
investment trust, a person (other than a qualified shareholder) which—
‘‘(i) holds an interest (other than an interest solely
as a creditor) in such qualified shareholder, and
‘‘(ii) holds more than 10 percent of the stock of
such real estate investment trust (whether or not by
reason of the person’s ownership interest in the qualified shareholder).
‘‘(E) CONSTRUCTIVE OWNERSHIP RULES.—For purposes
of subparagraphs (B)(i) and (C) and paragraph (4), the
constructive ownership rules under subsection (c)(6)(C)
shall apply.
‘‘(3) QUALIFIED SHAREHOLDER.—For purposes of this subsection—
‘‘(A) IN GENERAL.—The term ‘qualified shareholder’
means a foreign person which—
‘‘(i)(I) is eligible for benefits of a comprehensive
income tax treaty with the United States which
includes an exchange of information program and the
principal class of interests of which is listed and regularly traded on 1 or more recognized stock exchanges
(as defined in such comprehensive income tax treaty),
or
‘‘(II) is a foreign partnership that is created or
organized under foreign law as a limited partnership
in a jurisdiction that has an agreement for the
exchange of information with respect to taxes with
the United States and has a class of limited partnership units which is regularly traded on the New York
Stock Exchange or Nasdaq Stock Market and such
class of limited partnership units value is greater than
50 percent of the value of all the partnership units,
‘‘(ii) is a qualified collective investment vehicle,
and
‘‘(iii) maintains records on the identity of each
person who, at any time during the foreign person’s
taxable year, holds directly 5 percent or more of the
class of interest described in subclause (I) or (II) of
clause (i), as the case may be.
‘‘(B) QUALIFIED COLLECTIVE INVESTMENT VEHICLE.—For
purposes of this subsection, the term ‘qualified collective
investment vehicle’ means a foreign person—
‘‘(i) which, under the comprehensive income tax
treaty described in subparagraph (A)(i), is eligible for
a reduced rate of withholding with respect to ordinary
dividends paid by a real estate investment trust even

H. R. 2029—859
if such person holds more than 10 percent of the stock
of such real estate investment trust,
‘‘(ii) which—
‘‘(I) is a publicly traded partnership (as defined
in section 7704(b)) to which subsection (a) of section 7704 does not apply,
‘‘(II) is a withholding foreign partnership for
purposes of chapters 3, 4, and 61,
‘‘(III) if such foreign partnership were a United
States corporation, would be a United States real
property holding corporation (determined without
regard to paragraph (1)) at any time during the
5-year period ending on the date of disposition
of, or distribution with respect to, such partnership’s interests in a real estate investment trust,
or
‘‘(iii) which is designated as a qualified collective
investment vehicle by the Secretary and is either—
‘‘(I) fiscally transparent within the meaning
of section 894, or
‘‘(II) required to include dividends in its gross
income, but entitled to a deduction for distributions
to persons holding interests (other than interests
solely as a creditor) in such foreign person.
‘‘(4) PARTNERSHIP ALLOCATIONS.—
‘‘(A) IN GENERAL.—For the purposes of this subsection,
in the case of an applicable investor who is a nonresident
alien individual or a foreign corporation and is a partner
in a partnership that is a qualified shareholder, if such
partner’s proportionate share of USRPI gain for the taxable
year exceeds such partner’s distributive share of USRPI
gain for the taxable year, then
‘‘(i) such partner’s distributive share of the amount
of gain taken into account under subsection (a)(1) by
the partner for the taxable year (determined without
regard to this paragraph) shall be increased by the
amount of such excess, and
‘‘(ii) such partner’s distributive share of items of
income or gain for the taxable year that are not treated
as gain taken into account under subsection (a)(1)
(determined without regard to this paragraph) shall
be decreased (but not below zero) by the amount of
such excess.
‘‘(B) USRPI GAIN.—For the purposes of this paragraph,
the term ‘USRPI gain’ means the excess (if any) of—
‘‘(i) the sum of—
‘‘(I) any gain recognized from the disposition
of a United States real property interest, and
‘‘(II) any distribution by a real estate investment trust that is treated as gain recognized from
the sale or exchange of a United States real property interest, over
‘‘(ii) any loss recognized from the disposition of
a United States real property interest.
‘‘(C) PROPORTIONATE SHARE OF USRPI GAIN.—For purposes of this paragraph, an applicable investor’s proportionate share of USRPI gain shall be determined on the

H. R. 2029—860
basis of such investor’s share of partnership items of income
or gain (excluding gain allocated under section 704(c)),
whichever results in the largest proportionate share. If
the investor’s share of partnership items of income or gain
(excluding gain allocated under section 704(c)) may vary
during the period such investor is a partner in the partnership, such share shall be the highest share such investor
may receive.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 897(c)(1)(A) is amended by inserting ‘‘or
subsection (k)’’ after ‘‘subparagraph (B)’’ in the matter preceding clause (i).
(B) Section 857(b)(3)(F) is amended by inserting ‘‘or
subparagraph (A)(ii) or (C) of section 897(k)(2)’’ after
‘‘897(h)(1)’’.
(b) DETERMINATION OF DOMESTIC CONTROL.—
(1) SPECIAL OWNERSHIP RULES.—
(A) IN GENERAL.—Section 897(h)(4) is amended by
adding at the end the following new subparagraph:
‘‘(E) SPECIAL OWNERSHIP RULES.—For purposes of
determining the holder of stock under subparagraphs (B)
and (C)—
‘‘(i) in the case of any class of stock of the qualified
investment entity which is regularly traded on an
established securities market in the United States,
a person holding less than 5 percent of such class
of stock at all times during the testing period shall
be treated as a United States person unless the qualified investment entity has actual knowledge that such
person is not a United States person,
‘‘(ii) any stock in the qualified investment entity
held by another qualified investment entity—
‘‘(I) any class of stock of which is regularly
traded on an established securities market, or
‘‘(II) which is a regulated investment company
which issues redeemable securities (within the
meaning of section 2 of the Investment Company
Act of 1940),
shall be treated as held by a foreign person, except
that if such other qualified investment entity is domestically controlled (determined after application of this
subparagraph), such stock shall be treated as held
by a United States person, and
‘‘(iii) any stock in the qualified investment entity
held by any other qualified investment entity not
described in subclause (I) or (II) of clause (ii) shall
only be treated as held by a United States person
in proportion to the stock of such other qualified investment entity which is (or is treated under clause (ii)
or (iii) as) held by a United States person.’’.
(B) CONFORMING AMENDMENT.—The heading for paragraph (4) of section 897(h) is amended by inserting ‘‘AND
SPECIAL RULES’’ after ‘‘DEFINITIONS’’.
(2) TECHNICAL AMENDMENT.—Clause (ii) of section
897(h)(4)(A) is amended by inserting ‘‘and for purposes of determining whether a real estate investment trust is a domestically

H. R. 2029—861
controlled qualified investment entity under this subsection’’
after ‘‘real estate investment trust’’.
(c) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by subsection
(a) shall take effect on the date of enactment and shall apply
to—
(A) any disposition on and after the date of the enactment of this Act, and
(B) any distribution by a real estate investment trust
on or after the date of the enactment of this Act which
is treated as a deduction for a taxable year of such trust
ending after such date.
(2) DETERMINATION OF DOMESTIC CONTROL.—The amendments made by subsection (b)(1) shall take effect on the date
of the enactment of this Act.
(3) TECHNICAL AMENDMENT.—The amendment made by
subsection (b)(2) shall take effect on January 1, 2015.
SEC. 323. EXCEPTION FOR INTERESTS HELD BY FOREIGN RETIREMENT
OR PENSION FUNDS.

(a) IN GENERAL.—Section 897, as amended by the preceding
provisions of this Act, is amended by adding at the end the following
new subsection:
‘‘(l) EXCEPTION FOR INTERESTS HELD BY FOREIGN PENSION
FUNDS.—
‘‘(1) IN GENERAL.—This section shall not apply to any
United States real property interest held directly (or indirectly
through 1 or more partnerships) by, or to any distribution
received from a real estate investment trust by—
‘‘(A) a qualified foreign pension fund, or
‘‘(B) any entity all of the interests of which are held
by a qualified foreign pension fund.
‘‘(2) QUALIFIED FOREIGN PENSION FUND.—For purposes of
this subsection, the term ‘qualified foreign pension fund’ means
any trust, corporation, or other organization or arrangement—
‘‘(A) which is created or organized under the law of
a country other than the United States,
‘‘(B) which is established to provide retirement or pension benefits to participants or beneficiaries that are current or former employees (or persons designated by such
employees) of one or more employers in consideration for
services rendered,
‘‘(C) which does not have a single participant or beneficiary with a right to more than five percent of its assets
or income,
‘‘(D) which is subject to government regulation and
provides annual information reporting about its beneficiaries to the relevant tax authorities in the country in
which it is established or operates, and
‘‘(E) with respect to which, under the laws of the
country in which it is established or operates—
‘‘(i) contributions to such trust, corporation,
organization, or arrangement which would otherwise
be subject to tax under such laws are deductible or
excluded from the gross income of such entity or taxed
at a reduced rate, or

H. R. 2029—862
‘‘(ii) taxation of any investment income of such
trust, corporation, organization or arrangement is
deferred or such income is taxed at a reduced rate.
‘‘(3) REGULATIONS.—The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this subsection.’’.
(b) EXEMPTION FROM WITHHOLDING.—Section 1445(f)(3) is
amended by striking ‘‘any person’’ and all that follows and inserting
the following: ‘‘any person other than—
‘‘(A) a United States person, and
‘‘(B) except as otherwise provided by the Secretary,
an entity with respect to which section 897 does not apply
by reason of subsection (l) thereof.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to dispositions and distributions after the date of the
enactment of this Act.
SEC. 324. INCREASE IN RATE OF WITHHOLDING OF TAX ON DISPOSITIONS OF UNITED STATES REAL PROPERTY INTERESTS.

(a) IN GENERAL.—Subsections (a), (e)(3), (e)(4), and (e)(5) of
section 1445 are each amended by striking ‘‘10 percent’’ and
inserting ‘‘15 percent’’.
(b) EXCEPTION FOR CERTAIN RESIDENCES.—Section 1445(c) is
amended by adding at the end the following new paragraph:
‘‘(4) REDUCED RATE OF WITHHOLDING FOR RESIDENCE WHERE
AMOUNT REALIZED DOES NOT EXCEED $1,000,000.—In the case
of a disposition—
‘‘(A) of property which is acquired by the transferee
for use by the transferee as a residence,
‘‘(B) with respect to which the amount realized for
such property does not exceed $1,000,000, and
‘‘(C) to which subsection (b)(5) does not apply,
subsection (a) shall be applied by substituting ‘10 percent’
for ‘15 percent’.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to dispositions after the date which is 60 days after
the date of the enactment of this Act.
SEC. 325. INTERESTS IN RICS AND REITS NOT EXCLUDED FROM DEFINITION OF UNITED STATES REAL PROPERTY INTERESTS.

(a) IN GENERAL.—Section 897(c)(1)(B) is amended by striking
‘‘and’’ at the end of clause (i), by striking the period at the end
of clause (ii)(II) and inserting ‘‘, and’’, and by adding at the end
the following new clause:
‘‘(iii) neither such corporation nor any predecessor
of such corporation was a regulated investment company or a real estate investment trust at any time
during the shorter of the periods described in subparagraph (A)(ii).’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to dispositions on or after the date of the enactment
of this Act.
SEC. 326. DIVIDENDS DERIVED FROM RICS AND REITS INELIGIBLE
FOR DEDUCTION FOR UNITED STATES SOURCE PORTION
OF DIVIDENDS FROM CERTAIN FOREIGN CORPORATIONS.

(a) IN GENERAL.—Section 245(a) is amended by adding at the
end the following new paragraph:

H. R. 2029—863
‘‘(12) DIVIDENDS DERIVED FROM RICS AND REITS INELIGIBLE
FOR DEDUCTION.—Regulated investment companies and real
estate investment trusts shall not be treated as domestic corporations for purposes of paragraph (5)(B).’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to dividends received from regulated investment companies and real estate investment trusts on or after the date of
the enactment of this Act.
(c) NO INFERENCE.—Nothing contained in this section or the
amendments made by this section shall be construed to create
any inference with respect to the proper treatment under section
245 of the Internal Revenue Code of 1986 of dividends received
from regulated investment companies or real estate investment
trusts before the date of the enactment of this Act.

Subtitle C—Additional Provisions
SEC. 331. DEDUCTIBILITY OF CHARITABLE CONTRIBUTIONS TO AGRICULTURAL RESEARCH ORGANIZATIONS.

(a) IN GENERAL.—Subparagraph (A) of section 170(b)(1) is
amended by striking ‘‘or’’ at the end of clause (vii), by striking
the comma at the end of clause (viii) and inserting ‘‘, or’’, and
by inserting after clause (viii) the following new clause:
‘‘(ix) an agricultural research organization directly
engaged in the continuous active conduct of agricultural research (as defined in section 1404 of the Agricultural Research, Extension, and Teaching Policy Act
of 1977) in conjunction with a land-grant college or
university (as defined in such section) or a non-land
grant college of agriculture (as defined in such section),
and during the calendar year in which the contribution
is made such organization is committed to spend such
contribution for such research before January 1 of the
fifth calendar year which begins after the date such
contribution is made,’’.
(b) EXPENDITURES TO INFLUENCE LEGISLATION.—Paragraph (4)
of section 501(h) is amended by redesignating subparagraphs (E)
and (F) as subparagraphs (F) and (G), respectively, and by inserting
after subparagraph (D) the following new subparagraph:
‘‘(E) section 170(b)(1)(A)(ix) (relating to agricultural
research organizations),’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to contributions made on and after the date of the
enactment of this Act.
SEC. 332. REMOVAL OF BOND REQUIREMENTS AND EXTENDING FILING
PERIODS FOR CERTAIN TAXPAYERS WITH LIMITED EXCISE
TAX LIABILITY.

(a) FILING REQUIREMENTS.—Paragraph (4) of section 5061(d)
of the Internal Revenue Code of 1986 is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘In the case of’’ and inserting the following:
‘‘(i) MORE THAN $1,000 AND NOT MORE THAN $50,000
IN TAXES.—Except as provided in clause (ii), in the
case of’’,

H. R. 2029—864
(B) by striking ‘‘under bond for deferred payment’’,
and
(C) by adding at the end the following new clause:
‘‘(ii) NOT MORE THAN $1,000 IN TAXES.—In the case
of any taxpayer who reasonably expects to be liable
for not more than $1,000 in taxes imposed with respect
to distilled spirits, wines, and beer under subparts
A, C, and D and section 7652 for the calendar year
and who was liable for not more than $1,000 in such
taxes in the preceding calendar year, the last day
for the payment of tax on withdrawals, removals, and
entries (and articles brought into the United States
from Puerto Rico) shall be the 14th day after the
last day of the calendar year.’’, and
(2) in subparagraph (B)—
(A) by striking ‘‘Subparagraph (A)’’ and inserting the
following:
‘‘(i) EXCEEDS $50,000 LIMIT.—Subparagraph (A)(i)’’,
and
(B) by adding at the end the following new clause:
‘‘(ii) EXCEEDS $1,000 LIMIT.—Subparagraph (A)(ii)
shall not apply to any taxpayer for any portion of
the calendar year following the first date on which
the aggregate amount of tax due under subparts A,
C, and D and section 7652 from such taxpayer during
such calendar year exceeds $1,000, and any tax under
such subparts which has not been paid on such date
shall be due on the 14th day after the last day of
the calendar quarter in which such date occurs.’’.
(b) BOND REQUIREMENTS.—
(1) IN GENERAL.—Section 5551 of such Code is amended—
(A) in subsection (a), by striking ‘‘No individual’’ and
inserting ‘‘Except as provided under subsection (d), no individual’’, and
(B) by adding at the end the following new subsection:
‘‘(d) REMOVAL OF BOND REQUIREMENTS.—
‘‘(1) IN GENERAL.—During any period to which subparagraph (A) of section 5061(d)(4) applies to a taxpayer (determined
after application of subparagraph (B) thereof), such taxpayer
shall not be required to furnish any bond covering operations
or withdrawals of distilled spirits or wines for nonindustrial
use or of beer.
‘‘(2) SATISFACTION OF BOND REQUIREMENTS.—Any taxpayer
for any period described in paragraph (1) shall be treated
as if sufficient bond has been furnished for purposes of covering
operations and withdrawals of distilled spirits or wines for
nonindustrial use or of beer for purposes of any requirements
relating to bonds under this chapter.’’.
(2) CONFORMING AMENDMENTS.—
(A) BONDS FOR DISTILLED SPIRITS PLANTS.—Section
5173(a) of such Code is amended—
(i) in paragraph (1), by striking ‘‘No person’’ and
inserting ‘‘Except as provided under section 5551(d),
no person’’, and
(ii) in paragraph (2), by striking ‘‘No distilled
spirits’’ and inserting ‘‘Except as provided under section
5551(d), no distilled spirits’’.

H. R. 2029—865
(B) BONDED WINE CELLARS.—Section 5351 of such Code
is amended—
(i) by striking ‘‘Any person’’ and inserting the following:
‘‘(a) IN GENERAL.—Any person’’,
(ii) by inserting ‘‘, except as provided under section
5551(d),’’ before ‘‘file bond’’,
(iii) by striking ‘‘Such premises shall’’ and all that
follows through the period, and
(iv) by adding at the end the following new subsection:
‘‘(b) DEFINITIONS.—For purposes of this chapter—
‘‘(1) BONDED WINE CELLAR.—The term ‘bonded wine cellar’
means any premises described in subsection (a), including any
such premises established by a taxpayer described in section
5551(d).
‘‘(2) BONDED WINERY.—At the discretion of the Secretary,
any bonded wine cellar that engages in production operations
may be designated as a ‘bonded winery’.’’.
(C) BONDS FOR BREWERIES.—Section 5401 of such Code
is amended by adding at the end the following new subsection:
‘‘(c) EXCEPTION FROM BOND REQUIREMENTS FOR CERTAIN BREWERIES.—Subsection (b) shall not apply to any taxpayer for any
period described in section 5551(d).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to any calendar quarters beginning more than 1 year
after the date of the enactment of this Act.
SEC. 333. MODIFICATIONS TO ALTERNATIVE TAX FOR CERTAIN SMALL
INSURANCE COMPANIES.

(a) ADDITIONAL REQUIREMENT FOR COMPANIES TO WHICH
ALTERNATIVE TAX APPLIES.—
(1) ADDED REQUIREMENT.—
(A) IN GENERAL.—Subparagraph (A) of section 831(b)(2)
is amended—
(i) by striking ‘‘(including interinsurers and reciprocal underwriters)’’, and
(ii) by striking ‘‘and’’ at the end of clause (i), by
redesignating clause (ii) as clause (iii), and by inserting
after clause (i) the following new clause:
‘‘(ii) such company meets the diversification
requirements of subparagraph (B), and’’.
(B) DIVERSIFICATION REQUIREMENT.—Paragraph (2) of
section 831(b) is amended by redesignating subparagraphs
(B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph:
‘‘(B) DIVERSIFICATION REQUIREMENTS.—
‘‘(i) IN GENERAL.—An insurance company meets
the requirements of this subparagraph if—
‘‘(I) no more than 20 percent of the net written
premiums (or, if greater, direct written premiums)
of such company for the taxable year is attributable to any one policyholder, or
‘‘(II) such insurance company does not meet
the requirement of subclause (I) and no person
who holds (directly or indirectly) an interest in

H. R. 2029—866
such insurance company is a specified holder who
holds (directly or indirectly) aggregate interests
in such insurance company which constitute a
percentage of the entire interests in such insurance
company which is more than a de minimis percentage higher than the percentage of interests in the
specified assets with respect to such insurance
company held (directly or indirectly) by such specified holder.
‘‘(ii) DEFINITIONS.—For purposes of clause (i)(II)—
‘‘(I) SPECIFIED HOLDER.—The term ‘specified
holder’ means, with respect to any insurance company, any individual who holds (directly or
indirectly) an interest in such insurance company
and who is a spouse or lineal descendant (including
by adoption) of an individual who holds an interest
(directly or indirectly) in the specified assets with
respect to such insurance company.
‘‘(II) SPECIFIED ASSETS.—The term ‘specified
assets’ means, with respect to any insurance company, the trades or businesses, rights, or assets
with respect to which the net written premiums
(or direct written premiums) of such insurance
company are paid.
‘‘(III) INDIRECT INTEREST.—An indirect interest
includes any interest held through a trust, estate,
partnership, or corporation.
‘‘(IV) DE MINIMIS.—Except as otherwise provided by the Secretary in regulations or other guidance, 2 percentage points or less shall be treated
as de minimis.’’.
(C) CONFORMING AMENDMENTS.—The second sentence
section 831(b)(2)(A) is amended—
(i) by striking ‘‘clause (ii)’’ and inserting ‘‘clause
(iii)’’, and
(ii) by striking ‘‘clause (i)’’ and inserting ‘‘clauses
(i) and (ii)’’.
(2) TREATMENT OF RELATED POLICYHOLDERS.—Clause (i)
of section 831(b)(2)(C), as redesignated by paragraph (1)(B),
is amended—
(A) by striking ‘‘For purposes of subparagraph (A),
in determining’’ and inserting ‘‘For purposes of this paragraph—
‘‘(I) in determining’’,
(B) by striking the period at the end and inserting
‘‘, and’’, and
(C) by adding at the end the following new subclause:
‘‘(II) in determining the attribution of premiums to any policyholder under subparagraph
(B)(i), all policyholders which are related (within
the meaning of section 267(b) or 707(b)) or are
members of the same controlled group shall be
treated as one policyholder.’’.
(3) REPORTING.—Section 831 is amended by redesignating
subsection (d) as subsection (e) and by inserting after subsection
(c) the following new subsection:

H. R. 2029—867
‘‘(d) REPORTING.—Every insurance company for which an election is in effect under subsection (b) for any taxable year shall
furnish to the Secretary at such time and in such manner as
the Secretary shall prescribe such information for such taxable
year as the Secretary shall require with respect to the requirements
of subsection (b)(2)(A)(ii).’’.
(b) INCREASE IN LIMITATION ON PREMIUMS.—
(1) IN GENERAL.—Clause (i) of section 831(b)(2)(A) is
amended by striking ‘‘$1,200,000’’ and inserting ‘‘$2,200,000’’.
(2) INFLATION ADJUSTMENT.—Paragraph (2) of section
831(b), as amended by subsection (a)(1)(B), is amended by
adding at the end the following new subparagraph:
‘‘(D) INFLATION ADJUSTMENT.—In the case of any taxable year beginning in a calendar year after 2015, the
dollar amount set forth in subparagraph (A)(i) shall be
increased by an amount equal to—
‘‘(i) such dollar amount, multiplied by
‘‘(ii) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year by substituting ‘calendar year 2013’ for ‘calendar year 1992’
in subparagraph (B) thereof.
If the amount as adjusted under the preceding sentence
is not a multiple of $50,000, such amount shall be rounded
to the next lowest multiple of $50,000.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2016.
SEC. 334. TREATMENT OF TIMBER GAINS.

(a) IN GENERAL.—Section 1201(b) is amended to read as follows:
‘‘(b) SPECIAL RATE FOR QUALIFIED TIMBER GAINS.—
‘‘(1) IN GENERAL.—If, for any taxable year beginning in
2016, a corporation has both a net capital gain and qualified
timber gain—
‘‘(A) subsection (a) shall apply to such corporation for
the taxable year without regard to whether the applicable
tax rate exceeds 35 percent, and
‘‘(B) the tax computed under subsection (a)(2) shall
be equal to the sum of—
‘‘(i) 23.8 percent of the least of—
‘‘(I) qualified timber gain,
‘‘(II) net capital gain, or
‘‘(III) taxable income, plus
‘‘(ii) 35 percent of the excess (if any) of taxable
income over the sum of the amounts for which a tax
was determined under subsection (a)(1) and clause (i).
‘‘(2) QUALIFIED TIMBER GAIN.—For purposes of this section,
the term ‘qualified timber gain’ means, with respect to any
taxpayer for any taxable year, the excess (if any) of—
‘‘(A) the sum of the taxpayer’s gains described in subsections (a) and (b) of section 631 for such year, over
‘‘(B) the sum of the taxpayer’s losses described in such
subsections for such year.
For purposes of subparagraphs (A) and (B), only timber held
more than 15 years shall be taken into account.’’.
(b) CONFORMING AMENDMENT.—Section 55(b) is amended by
striking paragraph (4).

H. R. 2029—868
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2015.
SEC. 335. MODIFICATION OF DEFINITION OF HARD CIDER.

(a) IN GENERAL.—Section 5041 of the Internal Revenue Code
of 1986 is amended—
(1) in paragraph (6) of subsection (b), by striking ‘‘which
is a still wine’’ and all that follows through ‘‘alcohol by volume’’,
and
(2) by adding at the end the following new subsection:
‘‘(g) HARD CIDER.—For purposes of subsection (b)(6), the term
‘hard cider’ means a wine—
‘‘(1) containing not more than 0.64 gram of carbon dioxide
per hundred milliliters of wine, except that the Secretary may
by regulations prescribe such tolerances to this limitation as
may be reasonably necessary in good commercial practice,
‘‘(2) which is derived primarily—
‘‘(A) from apples or pears, or
‘‘(B) from—
‘‘(i) apple juice concentrate or pear juice concentrate, and
‘‘(ii) water,
‘‘(3) which contains no fruit product or fruit flavoring other
than apple or pear, and
‘‘(4) which contains at least one-half of 1 percent and less
than 8.5 percent alcohol by volume.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to hard cider removed during calendar years beginning
after December 31, 2016.
SEC. 336. CHURCH PLAN CLARIFICATION.

(a) APPLICATION OF CONTROLLED GROUP RULES TO CHURCH
PLANS.—
(1) IN GENERAL.—Section 414(c) is amended—
(A) by striking ‘‘For purposes’’ and inserting the following:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
for purposes’’, and
(B) by adding at the end the following new paragraph:
‘‘(2) SPECIAL RULES RELATING TO CHURCH PLANS.—
‘‘(A) GENERAL RULE.—Except as provided in subparagraphs (B) and (C), for purposes of this subsection and
subsection (m), an organization that is otherwise eligible
to participate in a church plan shall not be aggregated
with another such organization and treated as a single
employer with such other organization for a plan year
beginning in a taxable year unless—
‘‘(i) one such organization provides (directly or
indirectly) at least 80 percent of the operating funds
for the other organization during the preceding taxable
year of the recipient organization, and
‘‘(ii) there is a degree of common management
or supervision between the organizations such that
the organization providing the operating funds is
directly involved in the day-to-day operations of the
other organization.
‘‘(B) NONQUALIFIED CHURCH-CONTROLLED ORGANIZATIONS.—Notwithstanding subparagraph (A), for purposes

H. R. 2029—869
of this subsection and subsection (m), an organization that
is a nonqualified church-controlled organization shall be
aggregated with 1 or more other nonqualified church-controlled organizations, or with an organization that is not
exempt from tax under section 501, and treated as a single
employer with such other organization, if at least 80 percent of the directors or trustees of such other organization
are either representatives of, or directly or indirectly controlled by, such nonqualified church-controlled organization. For purposes of this subparagraph, the term ‘nonqualified church-controlled organization’ means a churchcontrolled tax-exempt organization described in section
501(c)(3) that is not a qualified church-controlled organization (as defined in section 3121(w)(3)(B)).
‘‘(C) PERMISSIVE AGGREGATION AMONG CHURCHRELATED ORGANIZATIONS.—The church or convention or
association of churches with which an organization
described in subparagraph (A) is associated (within the
meaning of subsection (e)(3)(D)), or an organization designated by such church or convention or association of
churches, may elect to treat such organizations as a single
employer for a plan year. Such election, once made, shall
apply to all succeeding plan years unless revoked with
notice provided to the Secretary in such manner as the
Secretary shall prescribe.
‘‘(D) PERMISSIVE DISAGGREGATION OF CHURCH-RELATED
ORGANIZATIONS.—For purposes of subparagraph (A), in the
case of a church plan, an employer may elect to treat
churches (as defined in section 403(b)(12)(B)) separately
from entities that are not churches (as so defined), without
regard to whether such entities maintain separate church
plans. Such election, once made, shall apply to all succeeding plan years unless revoked with notice provided
to the Secretary in such manner as the Secretary shall
prescribe.’’.
(2) CLARIFICATION RELATING TO APPLICATION OF ANTI-ABUSE
RULE.—The rule of 26 CFR 1.414(c)–5(f) shall continue to apply
to each paragraph of section 414(c) of the Internal Revenue
Code of 1986, as amended by paragraph (1).
(3) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall apply to years beginning before, on, or after the date
of the enactment of this Act.
(b) APPLICATION OF CONTRIBUTION AND FUNDING LIMITATIONS
TO 403(b) GRANDFATHERED DEFINED BENEFIT PLANS.—
(1) IN GENERAL.—Section 251(e)(5) of the Tax Equity and
Fiscal Responsibility Act of 1982 (Public Law 97–248), is
amended—
(A) by striking ‘‘403(b)(2)’’ and inserting ‘‘403(b)’’, and
(B) by inserting before the period at the end the following: ‘‘, and shall be subject to the applicable limitations
of section 415(b) of such Code as if it were a defined
benefit plan under section 401(a) of such Code (and not
to the limitations of section 415(c) of such Code).’’.
(2) EFFECTIVE DATE.—The amendments made by this subsection shall apply to years beginning before, on, or after the
date of the enactment of this Act.
(c) AUTOMATIC ENROLLMENT BY CHURCH PLANS.—

H. R. 2029—870
(1) IN GENERAL.—This subsection shall supersede any law
of a State that relates to wage, salary, or payroll payment,
collection, deduction, garnishment, assignment, or withholding
which would directly or indirectly prohibit or restrict the inclusion in any church plan (as defined in section 414(e) of the
Internal Revenue Code of 1986) of an automatic contribution
arrangement.
(2) DEFINITION OF AUTOMATIC CONTRIBUTION ARRANGEMENT.—For purposes of this subsection, the term ‘‘automatic
contribution arrangement’’ means an arrangement—
(A) under which a participant may elect to have the
plan sponsor or the employer make payments as contributions under the plan on behalf of the participant, or to
the participant directly in cash,
(B) under which a participant is treated as having
elected to have the plan sponsor or the employer make
such contributions in an amount equal to a uniform
percentage of compensation provided under the plan until
the participant specifically elects not to have such contributions made (or specifically elects to have such contributions
made at a different percentage), and
(C) under which the notice and election requirements
of paragraph (3), and the investment requirements of paragraph (4), are satisfied.
(3) NOTICE REQUIREMENTS.—
(A) IN GENERAL.—The plan sponsor of, or plan administrator or employer maintaining, an automatic contribution
arrangement shall, within a reasonable period before the
first day of each plan year, provide to each participant
to whom the arrangement applies for such plan year notice
of the participant’s rights and obligations under the
arrangement which—
(i) is sufficiently accurate and comprehensive to
apprise the participant of such rights and obligations,
and
(ii) is written in a manner calculated to be understood by the average participant to whom the arrangement applies.
(B) ELECTION REQUIREMENTS.—A notice shall not be
treated as meeting the requirements of subparagraph (A)
with respect to a participant unless—
(i) the notice includes an explanation of the participant’s right under the arrangement not to have elective
contributions made on the participant’s behalf (or to
elect to have such contributions made at a different
percentage),
(ii) the participant has a reasonable period of time,
after receipt of the explanation described in clause
(i) and before the first elective contribution is made,
to make such election, and
(iii) the notice explains how contributions made
under the arrangement will be invested in the absence
of any investment election by the participant.
(4) DEFAULT INVESTMENT.—If no affirmative investment
election has been made with respect to any automatic contribution arrangement, contributions to such arrangement shall be
invested in a default investment selected with the care, skill,

H. R. 2029—871
prudence, and diligence that a prudent person selecting an
investment option would use.
(5) EFFECTIVE DATE.—This subsection shall take effect on
the date of the enactment of this Act.
(d) ALLOW CERTAIN PLAN TRANSFERS AND MERGERS.—
(1) IN GENERAL.—Section 414 is amended by adding at
the end the following new subsection:
‘‘(z) CERTAIN PLAN TRANSFERS AND MERGERS.—
‘‘(1) IN GENERAL.—Under rules prescribed by the Secretary,
except as provided in paragraph (2), no amount shall be includible in gross income by reason of—
‘‘(A) a transfer of all or a portion of the accrued benefit
of a participant or beneficiary, whether or not vested, from
a church plan that is a plan described in section 401(a)
or an annuity contract described in section 403(b) to an
annuity contract described in section 403(b), if such plan
and annuity contract are both maintained by the same
church or convention or association of churches,
‘‘(B) a transfer of all or a portion of the accrued benefit
of a participant or beneficiary, whether or not vested, from
an annuity contract described in section 403(b) to a church
plan that is a plan described in section 401(a), if such
plan and annuity contract are both maintained by the
same church or convention or association of churches, or
‘‘(C) a merger of a church plan that is a plan described
in section 401(a), or an annuity contract described in section 403(b), with an annuity contract described in section
403(b), if such plan and annuity contract are both maintained by the same church or convention or association
of churches.
‘‘(2) LIMITATION.—Paragraph (1) shall not apply to a
transfer or merger unless the participant’s or beneficiary’s total
accrued benefit immediately after the transfer or merger is
equal to or greater than the participant’s or beneficiary’s total
accrued benefit immediately before the transfer or merger, and
such total accrued benefit is nonforfeitable after the transfer
or merger.
‘‘(3) QUALIFICATION.—A plan or annuity contract shall not
fail to be considered to be described in section 401(a) or 403(b)
merely because such plan or annuity contract engages in a
transfer or merger described in this subsection.
‘‘(4) DEFINITIONS.—For purposes of this subsection—
‘‘(A) CHURCH OR CONVENTION OR ASSOCIATION OF
CHURCHES.—The term ‘church or convention or association
of churches’ includes an organization described in subparagraph (A) or (B)(ii) of subsection (e)(3).
‘‘(B) ANNUITY CONTRACT.—The term ‘annuity contract’
includes a custodial account described in section 403(b)(7)
and a retirement income account described in section
403(b)(9).
‘‘(C) ACCRUED BENEFIT.—The term ‘accrued benefit’
means—
‘‘(i) in the case of a defined benefit plan, the
employee’s accrued benefit determined under the plan,
and

H. R. 2029—872
‘‘(ii) in the case of a plan other than a defined
benefit plan, the balance of the employee’s account
under the plan.’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to transfers or mergers occurring after the
date of the enactment of this Act.
(e) INVESTMENTS BY CHURCH PLANS IN COLLECTIVE TRUSTS.—
(1) IN GENERAL.—In the case of—
(A) a church plan (as defined in section 414(e) of the
Internal Revenue Code of 1986), including a plan described
in section 401(a) of such Code and a retirement income
account described in section 403(b)(9) of such Code, and
(B) an organization described in section 414(e)(3)(A)
of such Code the principal purpose or function of which
is the administration of such a plan or account,
the assets of such plan, account, or organization (including
any assets otherwise permitted to be commingled for investment purposes with the assets of such a plan, account, or
organization) may be invested in a group trust otherwise
described in Internal Revenue Service Revenue Ruling 81–
100 (as modified by Internal Revenue Service Revenue Rulings
2004–67, 2011–1, and 2014–24), or any subsequent revenue
ruling that supersedes or modifies such revenue ruling, without
adversely affecting the tax status of the group trust, such
plan, account, or organization, or any other plan or trust that
invests in the group trust.
(2) EFFECTIVE DATE.—This subsection shall apply to investments made after the date of the enactment of this Act.

Subtitle D—Revenue Provisions
SEC. 341. UPDATED ASHRAE STANDARDS FOR ENERGY EFFICIENT
COMMERCIAL BUILDINGS DEDUCTION.

(a) IN GENERAL.—Paragraph (1) of section 179D(c) is amended
by striking ‘‘Standard 90.1–2001’’ each place it appears and
inserting ‘‘Standard 90.1–2007’’.
(b) CONFORMING AMENDMENTS.—
(1) Paragraph (2) of section 179D(c) is amended to read
as follows:
‘‘(2) STANDARD 90.1–2007.—The term ‘Standard 90.1–2007’
means Standard 90.1–2007 of the American Society of Heating,
Refrigerating, and Air Conditioning Engineers and the Illuminating Engineering Society of North America (as in effect
on the day before the date of the adoption of Standard 90.1–
2010 of such Societies).’’.
(2) Subsection (f) of section 179D is amended by striking
‘‘Standard 90.1–2001’’ each place it appears in paragraphs (1)
and (2)(C)(i) and inserting ‘‘Standard 90.1–2007’’.
(3) Paragraph (1) of section 179D(f) is amended—
(A) by striking ‘‘Table 9.3.1.1’’ and inserting ‘‘Table
9.5.1’’, and
(B) by striking ‘‘Table 9.3.1.2’’ and inserting ‘‘Table
9.6.1’’.
(c) EFFECTIVE DATE.—The amendments made by this subsection
shall apply to property placed in service after December 31, 2015.

H. R. 2029—873
SEC. 342. EXCISE TAX CREDIT EQUIVALENCY FOR LIQUIFIED PETROLEUM GAS AND LIQUIFIED NATURAL GAS.

(a) IN GENERAL.—Section 6426 is amended by adding at the
end the following new subsection:
‘‘(j) ENERGY EQUIVALENCY DETERMINATIONS FOR LIQUEFIED
PETROLEUM GAS AND LIQUEFIED NATURAL GAS.—For purposes of
determining any credit under this section, any reference to the
number of gallons of an alternative fuel or the gasoline gallon
equivalent of such a fuel shall be treated as a reference to—
‘‘(1) in the case of liquefied petroleum gas, the energy
equivalent of a gallon of gasoline, as defined in section
4041(a)(2)(C), and
‘‘(2) in the case of liquefied natural gas, the energy equivalent of a gallon of diesel, as defined in section 4041(a)(2)(D).’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to fuel sold or used after December 31, 2015.
SEC. 343. EXCLUSION FROM GROSS INCOME OF CERTAIN CLEAN COAL
POWER GRANTS TO NON-CORPORATE TAXPAYERS.

(a) GENERAL RULE.—In the case of an eligible taxpayer other
than a corporation, gross income for purposes of the Internal Revenue Code of 1986 shall not include any amount received under
section 402 of the Energy Policy Act of 2005.
(b) REDUCTION IN BASIS.—The basis of any property subject
to the allowance for depreciation under the Internal Revenue Code
of 1986 which is acquired with any amount to which subsection
(a) applies during the 12-month period beginning on the day such
amount is received shall be reduced by an amount equal to such
amount. The excess (if any) of such amount over the amount of
the reduction under the preceding sentence shall be applied to
the reduction (as of the last day of the period specified in the
preceding sentence) of the basis of any other property held by
the taxpayer. The particular properties to which the reductions
required by this subsection are allocated shall be determined by
the Secretary of the Treasury (or the Secretary’s delegate) under
regulations similar to the regulations under section 362(c)(2) of
such Code.
(c) LIMITATION TO AMOUNTS WHICH WOULD BE CONTRIBUTIONS
TO CAPITAL.—Subsection (a) shall not apply to any amount unless
such amount, if received by a corporation, would be excluded from
gross income under section 118 of the Internal Revenue Code of
1986.
(d) ELIGIBLE TAXPAYER.—For purposes of this section, with
respect to any amount received under section 402 of the Energy
Policy Act of 2005, the term ‘‘eligible taxpayer’’ means a taxpayer
that makes a payment to the Secretary of the Treasury (or the
Secretary’s delegate) equal to 1.18 percent of the amount so
received. Such payment shall be made at such time and in such
manner as such Secretary (or the Secretary’s delegate) shall prescribe. In the case of a partnership, such Secretary (or the Secretary’s delegate) shall prescribe regulations to determine the allocation of such payment amount among the partners.
(e) EFFECTIVE DATE.—This section shall apply to amounts
received under section 402 of the Energy Policy Act of 2005 in
taxable years beginning after December 31, 2011.

H. R. 2029—874
SEC. 344. CLARIFICATION OF VALUATION RULE FOR EARLY TERMINATION
OF
CERTAIN
CHARITABLE
REMAINDER
UNITRUSTS.

(a) IN GENERAL.—Section 664(e) is amended—
(1) by adding at the end the following: ‘‘In the case of
the early termination of a trust which is a charitable remainder
unitrust by reason of subsection (d)(3), the valuation of interests
in such trust for purposes of this section shall be made under
rules similar to the rules of the preceding sentence.’’, and
(2) by striking ‘‘FOR PURPOSES OF CHARITABLE CONTRIBUTION’’ in the heading thereof and inserting ‘‘OF INTERESTS’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to terminations of trusts occurring after the date of
the enactment of this Act.
SEC. 345. PREVENTION OF TRANSFER OF CERTAIN LOSSES FROM TAX
INDIFFERENT PARTIES.

(a) IN GENERAL.—Section 267(d) is amended to read as follows:
‘‘(d) AMOUNT OF GAIN WHERE LOSS PREVIOUSLY DISALLOWED.—
‘‘(1) IN GENERAL.—If—
‘‘(A) in the case of a sale or exchange of property
to the taxpayer a loss sustained by the transferor is not
allowable to the transferor as a deduction by reason of
subsection (a)(1), and
‘‘(B) the taxpayer sells or otherwise disposes of such
property (or of other property the basis of which in the
taxpayer’s hands is determined directly or indirectly by
reference to such property) at a gain,
then such gain shall be recognized only to the extent that
it exceeds so much of such loss as is properly allocable to
the property sold or otherwise disposed of by the taxpayer.
‘‘(2) EXCEPTION FOR WASH SALES.—Paragraph (1) shall not
apply if the loss sustained by the transferor is not allowable
to the transferor as a deduction by reason of section 1091
(relating to wash sales).
‘‘(3) EXCEPTION FOR TRANSFERS FROM TAX INDIFFERENT PARTIES.—Paragraph (1) shall not apply to the extent any loss
sustained by the transferor (if allowed) would not be taken
into account in determining a tax imposed under section 1
or 11 or a tax computed as provided by either of such sections.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to sales and other dispositions of property acquired
after December 31, 2015, by the taxpayer in a sale or exchange
to which section 267(a)(1) of the Internal Revenue Code of 1986
applied.
SEC. 346. TREATMENT OF CERTAIN PERSONS AS EMPLOYERS WITH
RESPECT TO MOTION PICTURE PROJECTS.

(a) IN GENERAL.—Chapter 25 (relating to general provisions
relating to employment taxes) is amended by adding at the end
the following new section:
‘‘SEC. 3512. TREATMENT OF CERTAIN PERSONS AS EMPLOYERS WITH
RESPECT TO MOTION PICTURE PROJECTS.

‘‘(a) IN GENERAL.—For purposes of sections 3121(a)(1) and
3306(b)(1), remuneration paid to a motion picture project worker
by a motion picture project employer during a calendar year shall
be treated as remuneration paid with respect to employment of

H. R. 2029—875
such worker by such employer during the calendar year. The
identity of such employer for such purposes shall be determined
as set forth in this section and without regard to the usual common
law rules applicable in determining the employer-employee relationship.
‘‘(b) DEFINITIONS.—For purposes of this section—
‘‘(1) MOTION PICTURE PROJECT EMPLOYER.—The term
‘motion picture project employer’ means any person if—
‘‘(A) such person (directly or through affiliates)—
‘‘(i) is a party to a written contract covering the
services of motion picture project workers with respect
to motion picture projects in the course of a client’s
trade or business,
‘‘(ii) is contractually obligated to pay remuneration
to the motion picture project workers without regard
to payment or reimbursement by any other person,
‘‘(iii) controls the payment (within the meaning
of section 3401(d)(1)) of remuneration to the motion
picture project workers and pays such remuneration
from its own account or accounts,
‘‘(iv) is a signatory to one or more collective bargaining agreements with a labor organization (as
defined in 29 U.S.C. 152(5)) that represents motion
picture project workers, and
‘‘(v) has treated substantially all motion picture
project workers that such person pays as employees
and not as independent contractors during such calendar year for purposes of determining employment
taxes under this subtitle, and
‘‘(B) at least 80 percent of all remuneration (to which
section 3121 applies) paid by such person in such calendar
year is paid to motion picture project workers.
‘‘(2) MOTION PICTURE PROJECT WORKER.—The term ‘motion
picture project worker’ means any individual who provides services on motion picture projects for clients who are not affiliated
with the motion picture project employer.
‘‘(3) MOTION PICTURE PROJECT.—The term ‘motion picture
project’ means the production of any property described in
section 168(f)(3). Such term does not include property with
respect to which records are required to be maintained under
section 2257 of title 18, United States Code.
‘‘(4) AFFILIATE; AFFILIATED.—A person shall be treated as
an affiliate of, or affiliated with, another person if such persons
are treated as a single employer under subsection (b) or (c)
of section 414.’’.
(b) CLERICAL AMENDMENT.—The table of sections for such
chapter 25 is amended by adding at the end the following new
item:
‘‘Sec. 3512. Treatment of certain persons as employers with respect to motion picture projects.’’.

(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to remuneration paid after December 31, 2015.
(d) NO INFERENCE.—Nothing in the amendments made by this
section shall be construed to create any inference on the law before
the date of the enactment of this Act.

H. R. 2029—876

TITLE IV—TAX ADMINISTRATION
Subtitle A—Internal Revenue Service
Reforms
SEC. 401. DUTY TO ENSURE THAT INTERNAL REVENUE SERVICE
EMPLOYEES ARE FAMILIAR WITH AND ACT IN ACCORD
WITH CERTAIN TAXPAYER RIGHTS.

(a) IN GENERAL.—Section 7803(a) is amended by redesignating
paragraph (3) as paragraph (4) and by inserting after paragraph
(2) the following new paragraph:
‘‘(3) EXECUTION OF DUTIES IN ACCORD WITH TAXPAYER
RIGHTS.—In discharging his duties, the Commissioner shall
ensure that employees of the Internal Revenue Service are
familiar with and act in accord with taxpayer rights as afforded
by other provisions of this title, including—
‘‘(A) the right to be informed,
‘‘(B) the right to quality service,
‘‘(C) the right to pay no more than the correct amount
of tax,
‘‘(D) the right to challenge the position of the Internal
Revenue Service and be heard,
‘‘(E) the right to appeal a decision of the Internal
Revenue Service in an independent forum,
‘‘(F) the right to finality,
‘‘(G) the right to privacy,
‘‘(H) the right to confidentiality,
‘‘(I) the right to retain representation, and
‘‘(J) the right to a fair and just tax system.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 402. IRS EMPLOYEES PROHIBITED FROM USING PERSONAL EMAIL
ACCOUNTS FOR OFFICIAL BUSINESS.

No officer or employee of the Internal Revenue Service may
use a personal email account to conduct any official business of
the Government.
SEC. 403. RELEASE OF INFORMATION REGARDING THE STATUS OF
CERTAIN INVESTIGATIONS.

(a) IN GENERAL.—Section 6103(e) is amended by adding at
the end the following new paragraph:
‘‘(11) DISCLOSURE OF INFORMATION REGARDING STATUS OF
INVESTIGATION OF VIOLATION OF THIS SECTION.—In the case
of a person who provides to the Secretary information indicating
a violation of section 7213, 7213A, or 7214 with respect to
any return or return information of such person, the Secretary
may disclose to such person (or such person’s designee)—
‘‘(A) whether an investigation based on the person’s
provision of such information has been initiated and
whether it is open or closed,
‘‘(B) whether any such investigation substantiated such
a violation by any individual, and
‘‘(C) whether any action has been taken with respect
to such individual (including whether a referral has been
made for prosecution of such individual).’’.

H. R. 2029—877
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to disclosures made on or after the date of the enactment
of this Act.
SEC. 404. ADMINISTRATIVE APPEAL RELATING TO ADVERSE DETERMINATIONS OF TAX-EXEMPT STATUS OF CERTAIN
ORGANIZATIONS.

(a) IN GENERAL.—Section 7123 is amended by adding at the
end of the following:
‘‘(c) ADMINISTRATIVE APPEAL RELATING TO ADVERSE DETERMINATION OF TAX-EXEMPT STATUS OF CERTAIN ORGANIZATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall prescribe procedures
under which an organization which claims to be described
in section 501(c) may request an administrative appeal
(including a conference relating to such appeal if requested
by the organization) to the Internal Revenue Service Office
of Appeals of an adverse determination described in paragraph
(2).
‘‘(2) ADVERSE DETERMINATIONS.—For purposes of paragraph
(1), an adverse determination is described in this paragraph
if such determination is adverse to an organization with respect
to—
‘‘(A) the initial qualification or continuing qualification
of the organization as exempt from tax under section 501(a)
or as an organization described in section 170(c)(2),
‘‘(B) the initial classification or continuing classification
of the organization as a private foundation under section
509(a), or
‘‘(C) the initial classification or continuing classification
of the organization as a private operating foundation under
section 4942(j)(3).’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to determinations made on or after May 19, 2014.
SEC. 405. ORGANIZATIONS REQUIRED TO NOTIFY SECRETARY OF
INTENT TO OPERATE UNDER 501(c)(4).

(a) IN GENERAL.—Part I of subchapter F of chapter 1 is
amended by adding at the end the following new section:
‘‘SEC. 506. ORGANIZATIONS REQUIRED TO NOTIFY SECRETARY OF
INTENT TO OPERATE UNDER 501(c)(4).

‘‘(a) IN GENERAL.—An organization described in section
501(c)(4) shall, not later than 60 days after the organization is
established, notify the Secretary (in such manner as the Secretary
shall by regulation prescribe) that it is operating as such.
‘‘(b) CONTENTS OF NOTICE.—The notice required under subsection (a) shall include the following information:
‘‘(1) The name, address, and taxpayer identification number
of the organization.
‘‘(2) The date on which, and the State under the laws
of which, the organization was organized.
‘‘(3) A statement of the purpose of the organization.
‘‘(c) ACKNOWLEDGMENT OF RECEIPT.—Not later than 60 days
after receipt of such a notice, the Secretary shall send to the
organization an acknowledgment of such receipt.
‘‘(d) EXTENSION FOR REASONABLE CAUSE.—The Secretary may,
for reasonable cause, extend the 60-day period described in subsection (a).

H. R. 2029—878
‘‘(e) USER FEE.—The Secretary shall impose a reasonable user
fee for submission of the notice under subsection (a).
‘‘(f) REQUEST FOR DETERMINATION.—Upon request by an
organization to be treated as an organization described in section
501(c)(4), the Secretary may issue a determination with respect
to such treatment. Such request shall be treated for purposes of
section 6104 as an application for exemption from taxation under
section 501(a).’’.
(b) SUPPORTING INFORMATION WITH FIRST RETURN.—Section
6033(f) is amended—
(1) by striking the period at the end and inserting ‘‘, and’’,
(2) by striking ‘‘include on the return required under subsection (a) the information’’ and inserting the following: ‘‘include
on the return required under subsection (a)—
‘‘(1) the information’’, and
(3) by adding at the end the following new paragraph:
‘‘(2) in the case of the first such return filed by such
an organization after submitting a notice to the Secretary under
section 506(a), such information as the Secretary shall by regulation require in support of the organization’s treatment as
an organization described in section 501(c)(4).’’.
(c) FAILURE TO FILE INITIAL NOTIFICATION.—Section 6652(c)
is amended by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively, and by inserting after paragraph (3) the following new paragraph:
‘‘(4) NOTICES UNDER SECTION 506.—
‘‘(A) PENALTY ON ORGANIZATION.—In the case of a
failure to submit a notice required under section 506(a)
(relating to organizations required to notify Secretary of
intent to operate as 501(c)(4)) on the date and in the
manner prescribed therefor, there shall be paid by the
organization failing to so submit $20 for each day during
which such failure continues, but the total amount imposed
under this subparagraph on any organization for failure
to submit any one notice shall not exceed $5,000.
‘‘(B) MANAGERS.—The Secretary may make written
demand on an organization subject to penalty under
subparagraph (A) specifying in such demand a reasonable
future date by which the notice shall be submitted for
purposes of this subparagraph. If such notice is not submitted on or before such date, there shall be paid by
the person failing to so submit $20 for each day after
the expiration of the time specified in the written demand
during which such failure continues, but the total amount
imposed under this subparagraph on all persons for failure
to submit any one notice shall not exceed $5,000.’’.
(d) CLERICAL AMENDMENT.—The table of sections for part I
of subchapter F of chapter 1 is amended by adding at the end
the following new item:
‘‘Sec. 506. Organizations required to notify Secretary of intent to operate under
501(c)(4).’’.

(e) LIMITATION.—Notwithstanding any other provision of law,
any fees collected pursuant to section 506(e) of the Internal Revenue
Code of 1986, as added by subsection (a), shall not be expended
by the Secretary of the Treasury or the Secretary’s delegate unless
provided by an appropriations Act.

H. R. 2029—879
(f) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to organizations which are described in section
501(c)(4) of the Internal Revenue Code of 1986 and organized
after the date of the enactment of this Act.
(2) CERTAIN EXISTING ORGANIZATIONS.—In the case of any
other organization described in section 501(c)(4) of such Code,
the amendments made by this section shall apply to such
organization only if, on or before the date of the enactment
of this Act—
(A) such organization has not applied for a written
determination of recognition as an organization described
in section 501(c)(4) of such Code, and
(B) such organization has not filed at least one annual
return or notice required under subsection (a)(1) or (i)
(as the case may be) of section 6033 of such Code.
In the case of any organization to which the amendments
made by this section apply by reason of the preceding sentence,
such organization shall submit the notice required by section
506(a) of such Code, as added by this Act, not later than
180 days after the date of the enactment of this Act.
SEC. 406. DECLARATORY JUDGMENTS FOR 501(c)(4) AND OTHER
EXEMPT ORGANIZATIONS.

(a) IN GENERAL.—Section 7428(a)(1) is amended by striking
‘‘or’’ at the end of subparagraph (C) and by inserting after subparagraph (D) the following new subparagraph:
‘‘(E) with respect to the initial qualification or continuing qualification of an organization as an organization
described in section 501(c) (other than paragraph (3)) or
501(d) and exempt from tax under section 501(a), or’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to pleadings filed after the date of the enactment of
this Act.
SEC. 407. TERMINATION OF EMPLOYMENT OF INTERNAL REVENUE
SERVICE EMPLOYEES FOR TAKING OFFICIAL ACTIONS FOR
POLITICAL PURPOSES.

(a) IN GENERAL.—Paragraph (10) of section 1203(b) of the
Internal Revenue Service Restructuring and Reform Act of 1998
is amended to read as follows:
‘‘(10) performing, delaying, or failing to perform (or threatening to perform, delay, or fail to perform) any official action
(including any audit) with respect to a taxpayer for purpose
of extracting personal gain or benefit or for a political purpose.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect on the date of the enactment of this Act.
SEC. 408. GIFT TAX NOT TO APPLY TO CONTRIBUTIONS TO CERTAIN
EXEMPT ORGANIZATIONS.

(a) IN GENERAL.—Section 2501(a) is amended by adding at
the end the following new paragraph:
‘‘(6) TRANSFERS TO CERTAIN EXEMPT ORGANIZATIONS.—Paragraph (1) shall not apply to the transfer of money or other
property to an organization described in paragraph (4), (5),
or (6) of section 501(c) and exempt from tax under section
501(a), for the use of such organization.’’.

H. R. 2029—880
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to gifts made after the date of the enactment of this
Act.
(c) NO INFERENCE.—Nothing in the amendment made by subsection (a) shall be construed to create any inference with respect
to whether any transfer of property (whether made before, on,
or after the date of the enactment of this Act) to an organization
described in paragraph (4), (5), or (6) of section 501(c) of the Internal
Revenue Code of 1986 is a transfer of property by gift for purposes
of chapter 12 of such Code.
SEC. 409. EXTEND INTERNAL REVENUE SERVICE AUTHORITY TO
REQUIRE TRUNCATED SOCIAL SECURITY NUMBERS ON
FORM W–2.

(a) WAGES.—Section 6051(a)(2) is amended by striking ‘‘his
social security account number’’ and inserting ‘‘an identifying
number for the employee’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect on the date of the enactment of this Act.
SEC. 410. CLARIFICATION OF ENROLLED AGENT CREDENTIALS.

Section 330 of title 31, United States Code, is amended—
(1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively, and
(2) by inserting after subsection (a) the following new subsection:
‘‘(b) Any enrolled agents properly licensed to practice as
required under rules promulgated under subsection (a) shall be
allowed to use the credentials or designation of ‘enrolled agent’,
‘EA’, or ‘E.A.’.’’.
SEC. 411. PARTNERSHIP AUDIT RULES.

(a) CORRECTION AND CLARIFICATION TO MODIFICATIONS TO
IMPUTED UNDERPAYMENTS.—
(1) Section 6225(c)(4)(A)(i) is amended by striking ‘‘in the
case of ordinary income,’’.
(2) Section 6225(c) is amended by redesignating paragraphs
(5) through (7) as paragraphs (6) through (8), respectively,
and by inserting after paragraph (4) the following new paragraph:
‘‘(5) CERTAIN PASSIVE LOSSES OF PUBLICLY TRADED PARTNERSHIPS.—
‘‘(A) IN GENERAL.—In the case of a publicly traded
partnership (as defined in section 469(k)(2)), such procedures shall provide—
‘‘(i) for determining the imputed underpayment
without regard to the portion thereof that the partnership demonstrates is attributable to a net decrease
in a specified passive activity loss which is allocable
to a specified partner, and
‘‘(ii) for the partnership to take such net decrease
into account as an adjustment in the adjustment year
with respect to the specified partners to which such
net decrease relates.
‘‘(B) SPECIFIED PASSIVE ACTIVITY LOSS.—For purposes
of this paragraph, the term ‘specified passive activity loss’
means, with respect to any specified partner of such publicly traded partnership, the lesser of—

H. R. 2029—881
‘‘(i) the passive activity loss of such partner which
is separately determined with respect to such partnership under section 469(k) with respect to such partner’s
taxable year in which or with which the reviewed
year of such partnership ends, or
‘‘(ii) such passive activity loss so determined with
respect to such partner’s taxable year in which or
with which the adjustment year of such partnership
ends.
‘‘(C) SPECIFIED PARTNER.—For purposes of this paragraph, the term ‘specified partner’ means any person if
such person—
‘‘(i) is a partner of the publicly traded partnership
referred to in subparagraph (A),
‘‘(ii) is described in section 469(a)(2), and
‘‘(iii) has a specified passive activity loss with
respect to such publicly traded partnership,
with respect to each taxable year of such person which
is during the period beginning with the taxable year of
such person in which or with which the reviewed year
of such publicly traded partnership ends and ending with
the taxable year of such person in which or with which
the adjustment year of such publicly traded partnership
ends.’’.
(b) CORRECTION AND CLARIFICATION TO JUDICIAL REVIEW OF
PARTNERSHIP ADJUSTMENT .—
(1) Section 6226 is amended by adding at the end the
following new subsection:
‘‘(d) JUDICIAL REVIEW.—For the time period within which a
partnership may file a petition for a readjustment, see section
6234(a).’’.
(2) Subsections (a)(3), (b)(1), and (d) of section 6234 are
each amended by striking ‘‘the Claims Court’’ and inserting
‘‘the Court of Federal Claims’’.
(3) The heading for section 6234(b) is amended by striking
‘‘CLAIMS COURT’’ and inserting ‘‘COURT OF FEDERAL CLAIMS’’.
(c) CORRECTION AND CLARIFICATION TO PERIOD OF LIMITATIONS
ON MAKING ADJUSTMENTS.—
(1) Section 6235(a)(2) is amended by striking ‘‘paragraph
(4)’’ and inserting ‘‘paragraph (7)’’.
(2) Section 6235(a)(3) is amended by striking ‘‘270 days’’
and inserting ‘‘330 days (plus the number of days of any extension consented to by the Secretary under section 6225(c)(7)’’.
(d) TECHNICAL AMENDMENT.—Section 6031(b) is amended by
striking the last sentence and inserting the following: ‘‘Except as
provided in the procedures under section 6225(c), with respect to
statements under section 6226, or as otherwise provided by the
Secretary, information required to be furnished by the partnership
under this subsection may not be amended after the due date
of the return under subsection (a) to which such information
relates.’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in section 1101 of the Bipartisan
Budget Act of 2015.

H. R. 2029—882

Subtitle B—United States Tax Court
PART 1—TAXPAYER ACCESS TO UNITED
STATES TAX COURT
SEC. 421. FILING PERIOD FOR INTEREST ABATEMENT CASES.

(a) IN GENERAL.—Subsection (h) of section 6404 is amended—
(1) by striking ‘‘REVIEW OF DENIAL’’ in the heading and
inserting ‘‘JUDICIAL REVIEW’’, and
(2) by striking ‘‘if such action is brought’’ and all that
follows in paragraph (1) and inserting ‘‘if such action is
brought—
‘‘(A) at any time after the earlier of—
‘‘(i) the date of the mailing of the Secretary’s final
determination not to abate such interest, or
‘‘(ii) the date which is 180 days after the date
of the filing with the Secretary (in such form as the
Secretary may prescribe) of a claim for abatement
under this section, and
‘‘(B) not later than the date which is 180 days after
the date described in subparagraph (A)(i).’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to claims for abatement of interest filed with the Secretary of the Treasury after the date of the enactment of this
Act.
SEC. 422. SMALL TAX CASE ELECTION FOR INTEREST ABATEMENT
CASES.

(a) IN GENERAL.—Subsection (f) of section 7463 is amended—
(1) by striking ‘‘and’’ at the end of paragraph (1),
(2) by striking the period at the end of paragraph (2)
and inserting ‘‘, and’’, and
(3) by adding at the end the following new paragraph:
‘‘(3) a petition to the Tax Court under section 6404(h)
in which the amount of the abatement sought does not exceed
$50,000.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to cases pending as of the day after the date of the
enactment of this Act, and cases commenced after such date of
enactment.
SEC. 423. VENUE FOR APPEAL OF SPOUSAL RELIEF AND COLLECTION
CASES.

(a) IN GENERAL.—Paragraph (1) of section 7482(b) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (D),
(2) by striking the period at the end of subparagraph (E),
and
(3) by inserting after subparagraph (E) the following new
subparagraphs:
‘‘(F) in the case of a petition under section 6015(e),
the legal residence of the petitioner, or
‘‘(G) in the case of a petition under section 6320 or
6330—
‘‘(i) the legal residence of the petitioner if the petitioner is an individual, and

H. R. 2029—883
‘‘(ii) the principal place of business or principal
office or agency if the petitioner is an entity other
than an individual.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to petitions filed after the date of enactment of
this Act.
(2) EFFECT ON EXISTING PROCEEDINGS.—Nothing in this
section shall be construed to create any inference with respect
to the application of section 7482 of the Internal Revenue
Code of 1986 with respect to court proceedings filed on or
before the date of the enactment of this Act.
SEC. 424. SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION
OF SPOUSAL RELIEF AND COLLECTION CASES.

(a) PETITIONS FOR SPOUSAL RELIEF.—
(1) IN GENERAL.—Subsection (e) of section 6015 is amended
by adding at the end the following new paragraph:
‘‘(6) SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION IN TITLE 11 CASES.—In the case of a person who is prohibited by reason of a case under title 11, United States Code,
from filing a petition under paragraph (1)(A) with respect to
a final determination of relief under this section, the running
of the period prescribed by such paragraph for filing such
a petition with respect to such final determination shall be
suspended for the period during which the person is so prohibited from filing such a petition, and for 60 days thereafter.’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to petitions filed under section 6015(e) of
the Internal Revenue Code of 1986 after the date of the enactment of this Act.
(b) COLLECTION PROCEEDINGS.—
(1) IN GENERAL.—Subsection (d) of section 6330 is
amended—
(A) by striking ‘‘appeal such determination to the Tax
Court’’ in paragraph (1) and inserting ‘‘petition the Tax
Court for review of such determination’’,
(B) by striking ‘‘JUDICIAL REVIEW OF DETERMINATION’’
in the heading of paragraph (1) and inserting ‘‘PETITION
FOR REVIEW BY TAX COURT’’,
(C) by redesignating paragraph (2) as paragraph (3),
and
(D) by inserting after paragraph (1) the following new
paragraph:
‘‘(2) SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION IN TITLE 11 CASES.—In the case of a person who is prohibited by reason of a case under title 11, United States Code,
from filing a petition under paragraph (1) with respect to a
determination under this section, the running of the period
prescribed by such subsection for filing such a petition with
respect to such determination shall be suspended for the period
during which the person is so prohibited from filing such a
petition, and for 30 days thereafter, and’’.
(2) EFFECTIVE DATE.—The amendments made by this subsection shall apply to petitions filed under section 6330 of
the Internal Revenue Code of 1986 after the date of the enactment of this Act.

H. R. 2029—884
(c) CONFORMING AMENDMENT.—Subsection (c) of section 6320
is amended by striking ‘‘(2)(B)’’ and inserting ‘‘(3)(B)’’.
SEC. 425. APPLICATION OF FEDERAL RULES OF EVIDENCE.

(a) IN GENERAL.—Section 7453 is amended by striking ‘‘the
rules of evidence applicable in trials without a jury in the United
States District Court of the District of Columbia’’ and inserting
‘‘the Federal Rules of Evidence’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to proceedings commenced after the date of the enactment of this Act and, to the extent that it is just and practicable,
to all proceedings pending on such date.

PART 2—UNITED STATES TAX COURT
ADMINISTRATION
SEC. 431. JUDICIAL CONDUCT AND DISABILITY PROCEDURES.

(a) IN GENERAL.—Part II of subchapter C of chapter 76 is
amended by adding at the end the following new section:
‘‘SEC. 7466. JUDICIAL CONDUCT AND DISABILITY PROCEDURES.

‘‘(a) IN GENERAL.—The Tax Court shall prescribe rules, consistent with the provisions of chapter 16 of title 28, United States
Code, establishing procedures for the filing of complaints with
respect to the conduct of any judge or special trial judge of the
Tax Court and for the investigation and resolution of such complaints. In investigating and taking action with respect to any
such complaint, the Tax Court shall have the powers granted to
a judicial council under such chapter.
‘‘(b) JUDICIAL COUNCIL.—The provisions of sections 354(b)
through 360 of title 28, United States Code, regarding referral
or certification to, and petition for review in the Judicial Conference
of the United States, and action thereon, shall apply to the exercise
by the Tax Court of the powers of a judicial council under subsection
(a). The determination pursuant to section 354(b) or 355 of title
28, United States Code, shall be made based on the grounds for
removal of a judge from office under section 7443(f), and certification
and transmittal by the Conference of any complaint shall be made
to the President for consideration under section 7443(f).
‘‘(c) HEARINGS.—
‘‘(1) IN GENERAL.—In conducting hearings pursuant to subsection (a), the Tax Court may exercise the authority provided
under section 1821 of title 28, United States Code, to pay
the fees and allowances described in that section.
‘‘(2) REIMBURSEMENT FOR EXPENSES.—The Tax Court shall
have the power provided under section 361 of such title 28
to award reimbursement for the reasonable expenses described
in that section. Reimbursements under this paragraph shall
be made out of any funds appropriated for purposes of the
Tax Court.’’.
(b) CLERICAL AMENDMENT.—The table of sections for part II
of subchapter C of chapter 76 is amended by adding at the end
the following new item:
‘‘Sec. 7466. Judicial conduct and disability procedures.’’.

(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to proceedings commenced after the date which is 180

H. R. 2029—885
days after the date of the enactment of this Act and, to the extent
just and practicable, all proceedings pending on such date.
SEC. 432. ADMINISTRATION, JUDICIAL CONFERENCE, AND FEES.

(a) IN GENERAL.—Part III of subchapter C of chapter 76 is
amended by inserting before section 7471 the following new sections:
‘‘SEC. 7470. ADMINISTRATION.

‘‘Notwithstanding any other provision of law, the Tax Court
may exercise, for purposes of management, administration, and
expenditure of funds of the Court, the authorities provided for
such purposes by any provision of law (including any limitation
with respect to such provision of law) applicable to a court of
the United States (as that term is defined in section 451 of title
28, United States Code), except to the extent that such provision
of law is inconsistent with a provision of this subchapter.
‘‘SEC. 7470A. JUDICIAL CONFERENCE.

‘‘(a) JUDICIAL CONFERENCE.—The chief judge may summon the
judges and special trial judges of the Tax Court to an annual
judicial conference, at such time and place as the chief judge shall
designate, for the purpose of considering the business of the Tax
Court and recommending means of improving the administration
of justice within the jurisdiction of the Tax Court. The Tax Court
shall provide by its rules for representation and active participation
at such conferences by persons admitted to practice before the
Tax Court and by other persons active in the legal profession.
‘‘(b) REGISTRATION FEE.—The Tax Court may impose a reasonable registration fee on persons (other than judges and special
trial judges of the Tax Court) participating at judicial conferences
convened pursuant to subsection (a). Amounts so received by the
Tax Court shall be available to the Tax Court to defray the expenses
of such conferences.’’.
(b) DISPOSITION OF FEES.—Section 7473 is amended to read
as follows:
‘‘SEC. 7473. DISPOSITION OF FEES.

‘‘Except as provided in sections 7470A and 7475, all fees
received by the Tax Court pursuant to this title shall be deposited
into a special fund of the Treasury to be available to offset funds
appropriated for the operation and maintenance of the Tax Court.’’.
(c) CLERICAL AMENDMENTS.—The table of sections for part III
of subchapter C of chapter 76 is amended by inserting before
the item relating to section 7471 the following new items:
‘‘Sec. 7470. Administration.
‘‘Sec. 7470A. Judicial conference.’’.

PART 3—CLARIFICATION RELATING TO
UNITED STATES TAX COURT
SEC. 441. CLARIFICATION RELATING TO UNITED STATES TAX COURT.

Section 7441 is amended by adding at the end the following:
‘‘The Tax Court is not an agency of, and shall be independent
of, the executive branch of the Government.’’.

H. R. 2029—886

TITLE V—TRADE-RELATED PROVISIONS
SEC. 501. MODIFICATION OF EFFECTIVE DATE OF PROVISIONS
RELATING TO TARIFF CLASSIFICATION OF RECREATIONAL
PERFORMANCE OUTERWEAR.

Section 601(c) of the Trade Preferences Extension Act of 2015
(Public Law 114–27; 129 Stat. 412) is amended—
(1) in paragraph (1), by striking ‘‘the 180th day after the
date of the enactment of this Act’’ and inserting ‘‘March 31,
2016’’; and
(2) in paragraph (2), by striking ‘‘such 180th day’’ and
inserting ‘‘March 31, 2016’’.
SEC. 502. AGREEMENT BY ASIA-PACIFIC ECONOMIC COOPERATION
MEMBERS TO REDUCE RATES OF DUTY ON CERTAIN
ENVIRONMENTAL GOODS.

Section 107 of the Bipartisan Congressional Trade Priorities
and Accountability Act of 2015 (Public Law 114–26; 19 U.S.C.
4206) is amended by adding at the end the following:
‘‘(c) AGREEMENT BY ASIA-PACIFIC ECONOMIC COOPERATION MEMBERS TO REDUCE RATES OF DUTY ON CERTAIN ENVIRONMENTAL
GOODS.—Notwithstanding the notification requirement described
in section 103(a)(2), the President may exercise the proclamation
authority provided for in section 103(a)(1)(B) to implement an agreement by members of the Asia-Pacific Economic Cooperation (APEC)
to reduce any rate of duty on certain environmental goods included
in Annex C of the APEC Leaders Declaration issued on September
9, 2012, if (and only if) the President, as soon as feasible after
the date of the enactment of this subsection, and before exercising
proclamation authority under section 103(a)(1)(B), notifies Congress
of the negotiations relating to the agreement and the specific United
States objectives in the negotiations.’’.

TITLE VI—BUDGETARY EFFECTS
SEC. 601. BUDGETARY EFFECTS.

(a) PAYGO SCORECARD.—The budgetary effects of this Act shall
not be entered on either PAYGO scorecard maintained pursuant
to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.

H. R. 2029—887
(b) SENATE PAYGO SCORECARD.—The budgetary effects of this
Act shall not be entered on any PAYGO scorecard maintained
for purposes of section 201 of S. Con. Res. 21 (110th Congress).

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.