Highlights:
The Consolidated Appropriations Act, 2016 provides FY2016 appropriations; extends expiring tax provisions; and affects policies in areas including oil exports, intelligence, cybersecurity, health care, financial services, visa waivers, and conservation.
The bill provides appropriations for the federal government through the end of FY2016. The twelve regular appropriations bills included in the divisions of the bill increase discretionary spending above FY2015 levels, which reflects the increased discretionary spending limits included in the Bipartisan Budget Act of 2015.
The bill also includes Overseas Contingency Operations and emergency funding which is not subject to discretionary spending limits.
The bill includes authorizing provisions that:
The bill exempts specified provisions that affect revenues or direct spending from the Statutory Pay-As-You-Go Act of 2010 (PAYGO), the Senate PAYGO rule, and discretionary spending limits.
Full Summary:
Consolidated Appropriations Act, 2016
(Sec. 3) Provides that references to "this Act" included in any division refer only to the provisions of the division unless the bill expressly provides otherwise.
(Sec. 4) Provides that the explanatory statement printed in the Congressional Record regarding this bill has the same effect as a joint explanatory statement of a committee of conference.
(Sec. 5) Provides that the sums in this bill are appropriated for FY2016.
(Sec. 6) Provides that amounts designated by this bill for Overseas Contingency Operations/ Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are only available (or rescinded, if applicable) if the President subsequently designates the amounts and transmits the designations to Congress.
(Sec. 7) Permits the Office of Management and Budget (OMB) to make specified adjustments to discretionary spending limits to account for estimating differences with the Congressional Budget Office (CBO).
(Sec. 8) Amends the Continuing Appropriations Act, 2016 to make technical corrections.
(Sec. 9) Prohibits cost of living adjustments for Members of Congress during FY2016.
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016 provides FY2016 appropriations for the Department of Agriculture (USDA), except for the Forest Service which is included in the Interior, Environment, and Related Agencies division of this bill.
It also provides appropriations for the Food and Drug Administration (FDA), the Commodity Futures Trading Commission (CFTC), and the Farm Credit Administration.
This division includes both discretionary and mandatory funding. The mandatory funding levels are generally set by authorizing legislation such as the farm bill and are frequently limited in the agriculture appropriations bill.
The division increases discretionary funding for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies above FY2015 levels.
TITLE I--AGRICULTURAL PROGRAMS
Provides appropriations for the following agricultural programs and services:
TITLE II--CONSERVATION PROGRAMS
Provides appropriations for the Office of the Under Secretary for Natural Resources and Environment.
Provides appropriations to the Natural Resources Conservation Service for Conservation Operations and the Watershed Rehabilitation Program.
TITLE III--RURAL DEVELOPMENT PROGRAMS
Provides appropriations for Rural Development Programs including:
TITLE IV--DOMESTIC FOOD PROGRAMS
Provides appropriations for the Office of the Under Secretary for Food, Nutrition, and Consumer Services.
Provides appropriations to the Food and Nutrition Service for:
TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS
Provides appropriations for the Foreign Agricultural Service, including:
TITLE VI--RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Provides appropriations to the Department of Health and Human Services (HHS) for the Food and Drug Administration (FDA).
Provides appropriations to independent agencies, including the Commodity Futures Trading Commission (CFTC) and the Farm Credit Administration (FCA).
TITLE VII--GENERAL PROVISIONS
Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts.
(Sec. 701) Permits USDA to use funds provided by this division for the purchase, replacement, and hire of passenger motor vehicles.
(Sec. 702) Permits USDA to transfer unobligated balances to the Working Capital Fund for the acquisition of plant and capital equipment for financial, administrative, and information technology services. Permits the transferred funds to remain available until expended and specifies restrictions on the use of the funds.
(Sec. 703) Prohibits appropriations provided by this division from remaining available for obligation beyond the current fiscal year unless the division expressly provides otherwise.
(Sec. 704) Limits negotiated indirect costs on cooperative agreements between USDA and nonprofit institutions to 10% of the total direct cost of the agreement.
(Sec. 705) Permits appropriations for direct and guaranteed loans to remain available until expended to disburse obligations made in the current fiscal year for: (1) the Rural Development Loan Fund program account, (2) the Rural Electrification and Telecommunication Loans program account, and (3) the Rural Housing Insurance Fund program account.
(Sec. 706) Prohibits USDA from using funds provided by this division to acquire or upgrade information technology systems without approval of the Chief Information Officer (CIO) and the Executive Information Technology Investment Review Board. Restricts the transfer of funds made available by this bill to the CIO without prior approval of Congress. Requires the CIO to approve specified information technology projects.
(Sec. 707) Permits specified FY2016 funds provided under the Federal Crop Insurance Act for agricultural management assistance to remain available until expended to disburse obligations made in the current fiscal year.
(Sec. 708) Makes a former Rural Utility Service borrower that has repaid or prepaid a loan under the Rural Electrification Act of 1936 or any not-for profit utility qualified to receive a loan under the Act eligible for rural economic development and job creation assistance in the same manner as a borrower.
(Sec. 709) Permits up to $20 million of the unobligated balances from appropriations by this division for salaries and expenses of the Farm Service Agency to remain available through FY2017 for information technology expenses.
Permits unobligated balances from appropriations by this division for salaries and expenses for the Rural Development mission area to remain available for information technology expenses through FY2017.
(Sec. 710) Prohibits funds provided by this division from being used for first-class travel by employees of agencies funded by this division.
(Sec. 711) Provides that Commodity Credit Corporation funds authorized or required to be used for specified programs included in the Agricultural Act of 2014: (1) shall be available for salaries and administrative expenses associated with the programs without regard to allotment and transfer limits, and (2) shall not be considered to be a fund transfer or allotment for purposes of applying the limits.
(Sec. 712) Limits funds available for USDA advisory committees, panels, commissions, and task forces.
(Sec. 713) Prohibits funds provided by this division from being used to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture that exceed 30% of total federal funds provided under each award.
(Sec. 714) Limits funds that may be used for the following programs:
(Sec. 715) Limits funds for the following domestic food assistance categories: (1) Child Nutrition Programs Entitlement Commodities, (2) State Option Contracts, and (3) Removal of Defective Commodities.
Limits FY2016 funds for the Fresh Fruit and Vegetable Program that provides fruit and vegetables to students in participating elementary schools.
Prohibits USDA from using funds for payments authorized by Section 32 of the Agricultural Adjustment Act of 1935 to increase purchasing power of agricultural producers or for surplus removal or price support activities authorized by the Commodity Credit Corporation Charter Act.
(Section 32 is a program created to assist agricultural producers of non-price-supported commodities and is funded by a permanent appropriation of a portion of the previous year's customs receipts less certain mandatory transfers to child nutrition and other programs. This provision effectively prohibits the use of Section 32 for emergency disaster payments.)
Rescinds specified unobligated balances provided for domestic food assistance programs.
(Sec. 716) Prohibits the use of funds to prepare proposals for the President's budget that assume savings from certain user fee proposals without identifying additional spending reductions that should occur if the proposals are not enacted.
(Sec. 717) Sets forth procedures, requirements, and restrictions for reprogramming and transferring funds provided by this division.
(Sec. 718) Permits USDA to assess a one-time fee for any guaranteed business and industry loan in an amount that does not exceed 3% of the guaranteed principal portion of the loan.
(Sec. 719) Prohibits funds from being used to provide questions or responses to questions requested for the appropriations hearing process to anyone not employed by an agency funded by this division.
(Sec. 720) Prohibits any executive branch agency from using funds provided by this division to produce a prepackaged news story for U.S. broadcast or distribution unless it includes clear notification that it was produced or funded by the agency.
(Sec. 721) Prohibits USDA employees from being detailed to any other USDA agency or office for more than 60 days in a fiscal year unless the individual's employing agency is reimbursed by the receiving agency for the salary and expenses of the employee.
(Sec. 722) Prohibits the use of funds provided by this division to provide nonrecourse marketing assistance loans for mohair.
(Sec. 723) Directs the agencies funded by this division to submit spending plans to Congress.
(Sec. 724) Provides that funds for title II of the Food for Peace Act may only be used to assist nations if the U.S. Agency for International Development (USAID) determines that adequate monitoring and controls exist to ensure that food aid is received by the intended beneficiaries in areas affected by food shortages and not diverted for unauthorized or inappropriate purposes.
(Sec. 725) Appropriates funds for direct reimbursement payments for geographically disadvantaged farmers or ranchers to transport agricultural commodities.
(Sec. 726) Requires USDA to establish an intermediary loan packaging program based on the FY2013 pilot program for packaging and reviewing section 502 single family direct loans. (The loan program assists low-income applicants in purchasing homes in rural areas. Funds may also be used to build, repair, or renovate a house, including providing water and sewage facilities.)
(Sec. 727) Permits USDA to increase the program level by up to 25% for certain loans and loan guarantees that do not require budget authority and have program levels established by this division. Requires congressional notification prior to implementing any increase.
(Sec. 728) Provides appropriations to remain available until expended for the Emergency Watershed Protection Program, the Emergency Forestry Restoration Program, and the Emergency Conservation Program. Designates specified funds as being for disaster relief.
(Sec. 729) Provides that certain credit card refunds or rebates transferred to the Working Capital Fund: (1) shall not be available for obligation without congressional approval; and (2) shall only be available for acquisition of plant and capital equipment for USDA financial, administrative, and information technology services.
(Sec. 730) Prohibits funds provided by this bill from being used to procure processed poultry products from China for the National School Lunch Program, the Child and Adult Food Care Program, the Summer Food Service Program, or the School Breakfast Program.
(Sec. 731) Permits USDA to respond to a community with inadequate drinking water supplies due to a natural disaster by providing potable water through the Emergency Community Water Assistance Grant Program for up to 120 days beyond the time period established in the program.
(Sec. 732) Specifies the matching requirements that apply to funds appropriated for the Agriculture and Food Research Initiative.
(Sec. 733) Requires USDA to permit states to grant exemptions from whole grain requirements for the National School Lunch Program and the School Breakfast Program that took effect on or after July 1, 2014.
Requires states to establish a process for responding to exemption requests, provided that school food authorities demonstrate hardship in procuring whole grain products compliant with new standards and comply with whole grain standards in effect prior to July 1, 2014.
Prohibits funds from being used to implement regulations requiring a specified reduction in sodium in federally reimbursed meals, foods, and snacks sold in schools until the latest scientific research establishes that the reduction is beneficial for children.
(Sec. 734) Prohibits funds provided by this division from being used for the 2015 Dietary Guidelines for Americans unless USDA and HHS ensure that the guidelines are based on significant scientific agreement, and limited in scope to nutritional and dietary information.
(Sec. 735) Requires USDA to engage the National Academy of Medicine to study the entire process used to establish the Advisory Committee for the Dietary Guidelines and develop the Guidelines. Provides appropriations for the study.
(Sec. 736) Rescinds specified unobligated balances previously provided to USDA for the Common Computing Environment.
(Sec. 737) Prohibits the Food and Nutrition Service from using funds provided by this division for any new research and evaluation projects until after a research and evaluation plan is submitted to Congress.
(Sec. 738) Rescinds specified unobligated balances previously provided to USDA for the Rural Utilities Service.
(Sec. 739) Rescinds specified unobligated balances previously provided to USDA for the Natural Resources Conservation Service, the Rural-Business--Cooperative Service, and the Food and Nutrition Service.
(Sec. 740) Amends the Federal Agriculture Improvement and Reform Act of 1996 to restore the use of commodity certificates for the marketing loan program. (Commodity certificates are negotiable certificates that USDA sells to producers and exchanges for outstanding loan collateral to minimize forfeitures or the accumulation of stocks by the government. They have not been available since the 2009 crop year.)
(Sec. 741) Provides funds for state grants to local educational agencies and schools to purchase the equipment needed to serve healthier meals, improve food safety, and support the School Breakfast Program.
Provides funds for demonstration projects to develop and test methods of providing food for children in urban and rural areas during the summer months when schools are not in regular session.
(Sec. 742) Rescinds specified unobligated balances previously provided to USDA for the Natural Resources Conservation Service.
(Sec. 743) Sets forth the authorities that apply for USDA to provide loans for housing and buildings on adequate farms.
(Sec. 744) Provides funds to carry out the Rural Energy Savings Program to help rural families and small businesses achieve cost savings by providing loans to consumers to implement energy efficiency measures.
(Sec. 745) Permits specified unobligated balances of appropriations provided for the Emergency Watershed Protection Program to be available until expended for any disaster occurring during FY2016 and FY2017.
(Sec. 746) Prohibits funds provided by this division from being used for regulations to allow or require information intended for a prescribing health care professional, in the case of a drug or biological product, to be distributed electronically until a federal law is enacted to allow or require electronic distribution.
(Sec. 747) Prohibits the FDA from using funds for the rule entitled "Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments" until the later of: (1) December 1, 2016, or (2) one year after HHS publishes specified guidance for nutrition labeling of standard menu items in restaurants and similar retail food establishments.
(Sec. 748) Provides additional funds for Food for Peace Title II Grants for emergency and non-emergency purposes. Permits the funds for emergency purposes to be prioritized to respond to emergency food needs involving conflict in the Middle East and to address other urgent food needs around the world. Requires specified funds to be used to reimburse the Commodity Credit Corporation for the release of eligible commodities under the Bill Emerson Humanitarian Trust Act.
(Sec. 749) Prohibits the FDA from acknowledging applications for an exemption for investigational use of a drug or biological product in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Provides that any submission is deemed not to have been received, and the exemption may not go into effect.
(Sec. 750) Prohibits funds from being used to implement or enforce any provisions of the FDA Food Safety Modernization Act, with respect to the regulation of the distribution, sale, or receipt of dried spent grain byproducts of the alcoholic beverage production process, irrespective of whether the byproducts are solely intended for use as animal feed.
(Sec. 751) Rescinds specified unobligated balances from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and permits an equivalent amount of funding to be used for management information systems, including WIC electronic benefit transfer systems and activities.
(Sec. 752) Requires the Animal and Plant Health Inspection Service (APHIS) to:
(Sec. 753) Prohibits funds provided by this division from being used to issue or renew licenses under the Animal Welfare Act for certain dealers who sell dogs and cats for research, experiments, teaching, or testing.
(Sec. 754) Prohibits the FDA from deeming partially hydrogenated oils to be unsafe or any food containing a partially hydrogenated oil to be adulterated prior to June 18, 2018.
(Sec. 755) Requires USDA to implement a provision of the Agricultural Act of 2014 related to the definition and inspections of catfish.
Requires HHS to implement a provision of the Federal Food, Drug, and Cosmetic Act requiring food that purports to be or is represented as catfish, to be deemed to be misbranded unless it is fish classified within the family Ictaluridae.
(Sec. 756) Appropriates funds for a pilot program to demonstrate new technologies that increase growth of re-forested hardwood trees on private nonindustrial forests lands on the coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 2005.
(Sec. 757) Provides appropriations to remain available until expended for implementing non-renewable agreements for wetlands preservation on eligible lands, including flooded agricultural lands.
(Sec. 758) Directs USDA to set aside specified additional funds for Rural Economic Area Partnership (REAP) Zones.
(Sec. 759) Amends the Agricultural Marketing Act of 1946 to repeal country of origin labeling requirements for beef and pork. (Country of origin labeling requirements are administered by USDA and require a retailer to inform consumers of the country of origin of a covered commodity.)
(Sec. 760) Permits USDA to receive certain information from federal tax returns to verify the income of individuals participating in loan programs under the Housing Act of 1949.
(Sec. 761) Prohibits the FDA from allowing any food that contains genetically engineered salmon until the FDA publishes final labeling guidelines for informing consumers of the content.
Requires specified FDA funds to be used to develop labeling guidelines and implement a program to disclose to consumers whether salmon offered for sale is genetically engineered.
(Sec. 762) Permits USDA to charge a fee for lenders to access UDA loan guarantee systems in connection with participation in the loan guarantee programs of the Rural Housing Service.
(Sec. 763) Prohibits funds provided by this division from being used: (1) in contravention of a provision of the Agricultural Act of 2014 that permits an institution of higher education or a state department of agriculture to grow or cultivate industrial hemp for research purposes; or (2) to prohibit the transportation, processing, sale, or use of industrial hemp that is grown or cultivated in accordance with the provision.
(Sec. 764) Provides additional funds to APHIS for the multiple-agency response to citrus greening.
(Sec. 765) Amends the Federal Food, Drug, and Cosmetic Act to extend the authority for the FDA to award priority review vouchers for treatments for rare pediatric diseases.
(Sec. 766) Specifies the acceptable uses of the terms "pollock", "Alaskan Pollock", and "Alaska Pollock" in the marketing and labeling of seafood.
(Sec. 767) Prohibits funds from being used to inspect horses for slaughter purposes.
Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016 provides FY2016 appropriations to the Department of Commerce, the Department of Justice, science agencies, and several related agencies.
This division funds agencies with a wide range of responsibilities for issues such as:
The division increases overall FY2016 Commerce, Justice, Science and Related Agencies funding above FY2015 levels.
Department of Commerce Appropriations Act, 2016
TITLE I--DEPARTMENT OF COMMERCE
Provides appropriations to the Department of Commerce for:
Provides appropriations to the National Institute of Standards and Technology (NIST) for:
Provides appropriations to the National Oceanic and Atmospheric Administration (NOAA) for:
Provides appropriations for Departmental Management, including:
(Sec. 101) Permits funds provided by this division to be used for advanced payments (prior to the receipt of goods, services, or other assets) only if designated Commerce officials certify that the payments are in the public interest.
(Sec. 102) Permits funds provided by this division to be used for hiring passenger motor vehicles, employment of temporary or intermittent experts and consultants, and the purchase of uniforms.
(Sec. 103) Permits the transfer of funds between Commerce accounts, subject to specified limitations and requirements. Requires Commerce to notify Congress prior to the acquisition or disposal of any capital asset not provided for in an Act providing appropriations to Commerce.
(Sec. 104) Extends requirements for NOAA to make and report to Congress on determinations regarding the identification and management of technical, cost, and schedule risk; the reliance on demonstrated technologies; and compliance with relevant policies, prior to entering into a contract for a major program with a life cycle cost of more than $250 million.
Specifies the life cycle costs for the Joint Polar Satellite System and for the Geostationary Operational Environmental Satellite R-Series Program.
(Sec. 105) Permits Commerce to furnish services to facilitate the use or occupancy of Department of Commerce buildings.
(Sec. 106) States that grant recipients may continue to deter child pornography, copyright infringement, or any other unlawful activity over their networks.
(Sec. 107) Permits NOAA to use, with consent and reimbursement, resources of other federal, state, local, and international entities to carry out the responsibilities of any statute administered by NOAA.
(Sec. 108) Prohibits the National Technical Information Service from charging for copies of reports or documents generated by the legislative branch unless the Service has provided information on how a copy may be obtained for free online. Requires any charge to be limited to the Service's cost.
(Sec. 109) Permits Commerce to waive the requirement for bonds with respect to contracts for the construction, alteration, or repair of vessels under the Coast and Geodetic Survey Act of 1947.
(Sec. 110) Prohibits Commerce from using funds for management activities pursuant to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico unless the management is conducted beyond a seaward boundary that is nine nautical miles seaward from the baseline from which the territorial sea of the United States is measured.
(Sec. 111) Permits NOAA to work with federal and non-federal agencies and governments by entering into agreements; using land, services, equipment, personnel, and facilities provided by the entities; or receiving and expending funds made available on a consensual basis.
(Sec. 112) Permits the Bureau of Economic Analysis and the Bureau of the Census to use funds to enter into cooperative agreements to assist in improving statistical methodology and research.
Department of Justice Appropriations Act, 2016
TITLE II--DEPARTMENT OF JUSTICE
Provides FY2016 appropriations to the Department of Justice (DOJ).
Provides appropriations to DOJ for General Administration, including:
Provides appropriations to the U.S. Parole Commission.
Provides appropriations for Legal Activities, including:
Provides appropriations to the U.S. Marshals Service for:
Provides appropriations to DOJ for:
Provide appropriations to the Office On Violence Against Women for Violence Against Women Prevention and Prosecution Programs.
Provides appropriations to the Office of Justice Programs for:
Provides appropriations for Community Oriented Policing Services (COPS) programs.
(Sec. 201) Provides additional funds to the Attorney General for official reception and representation expenses.
(Sec. 202) Prohibits funds provided by this title from being used to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest.
(Sec. 203) Prohibits funds provided by this title from being used to require any person to perform or facilitate the performance of an abortion.
(Sec. 204) Establishes the obligation of the Bureau of Prisons to provide escort services to an inmate receiving an abortion outside of a federal facility, except where this obligation conflicts with section 203 of this division.
(Sec. 205) Sets forth requirements and procedures for transferring and reprogramming DOJ funds provided by this division.
(Sec. 206) Permits the Attorney General to use specified ATF funds for retention pay for employees who would otherwise be subject to a pay reduction upon termination of the Personnel Management Demonstration Project.
(Sec. 207) Prohibits the FBI or the U.S. Marshals Services from using funds provided by this title to transport prisoners classified as maximum or high security, other than to a facility certified by the Bureau of Prisons as appropriately secure.
(Sec. 208) Prohibits federal prisons from using funds provided by this division to purchase or rent audiovisual equipment, services, and materials used primarily for recreational purposes. Includes exceptions for inmate training, religious, or educational purposes.
(Sec. 209) Prohibits funds provided by this title from being used for major information technology projects unless the Deputy Attorney General and the Department Investment Review Board certify to Congress that the program: (1) has appropriate program management controls and contractor oversight mechanisms in place, and (2) is compatible with DOJ enterprise architecture.
(Sec. 210) Requires DOJ to follow reprogramming procedures for any deviation from the program amounts specified in this title or the explanatory statement, or any use of deobligated funds provided by this title in previous years.
(Sec. 211) Prohibits the use of funds provided by this division for a public-private competition for work performed by employees of the Bureau of Prisons or Federal Prison Industries, Incorporated.
(Sec. 212) Prohibits U.S. Attorneys from holding dual or additional responsibilities that exempt them from statutory residency requirements.
(Sec. 213) Permits specified percentages of grant and reimbursement program funds provided by this title for the Office of Justice Programs to be used for training and technical assistance, and transferred to the National Institute of Justice or the Bureau of Justice Statistics for research, evaluation, or statistical purposes.
(Sec. 214) Permits the Attorney General to waive matching requirements for Second Chance Act adult and juvenile reentry demonstration projects; state, tribal, and local reentry courts; drug treatment programs; and grants to protect inmates and safeguard communities.
(Sec. 215) Waives the requirement that DOJ reserve certain funds provided for offender incarceration for payments for incarceration on tribal lands.
(Sec. 216) Prohibits funds, other than funds for the National Instant Criminal Background Check System established under the Brady Handgun Violence Prevention Act, from being used to transfer an operable firearm to a known or suspected agent of a drug cartel if law enforcement personnel do not continuously monitor or control the firearm.
(Sec. 217) Establishes limitations and requirements for the obligation of specified funds from the Department of Justice Working Capital Fund and the Assets Forfeiture Fund. Requires DOJ to submit to Congress a spending plan including the planned distribution of Assets Forfeiture Fund joint law enforcement operations funding during FY2016.
(Sec. 218) Limits the use of specified DOJ funds until the Attorney General demonstrates to Congress that DOJ is implementing recommendations included in the Office of Inspector General report entitled "The Handling of Sexual Harassment and Misconduct Allegations by the Department's Law Enforcement Components." Requires the DOJ Inspector General to report on the implementation.
(Sec. 219) Permits funds provided by this division for the Office of Justice Programs to be used to participate in Performance Partnership Pilot collaboration programs.
Science Appropriations Act, 2016
TITLE III--SCIENCE
Provides appropriations to the Office of Science and Technology Policy.
Provides appropriations to the National Aeronautics and Space Administration (NASA) for:
Includes administrative provisions for NASA that:
Provides appropriations to the National Science Foundation (NSF) for:
Establishes thresholds for the transfer of appropriations provided by this division to the NSF.
TITLE IV--RELATED AGENCIES
Provides appropriations for related agencies, including:
Specifies restrictions, terms, and conditions on the use of funds by the Legal Services Corporation.
TITLE V--GENERAL PROVISIONS
Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts.
(Sec. 501) Prohibits funds provided by this division from being used for publicity or propaganda purposes that are not authorized by Congress.
(Sec. 502) Prohibits funds provided by this division from remaining available for obligation beyond the current fiscal year, unless expressly permitted in the bill division.
(Sec. 503) Limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, unless otherwise provided by law.
(Sec. 504) Provides that if any provision of this division or the application of the provision is held invalid, the remainder of the bill is not affected.
(Sec. 505) Establishes restrictions and requirements for the reprogramming of funds provided by this division.
(Sec. 506) Prohibits funds provided by this division from being used to award contracts or subcontracts to a person who has been found to have intentionally affixed a ''Made in America'' label to any product that was not made in America. Requires promotional items purchased using funds provided by this division to be manufactured, produced, or assembled in the United States or its territories or possessions, to the extent it is practicable.
(Sec. 507) Requires Commerce, DOJ, the NSF, and NASA to provide quarterly reports to Congress regarding the status of balances of appropriations at the account level.
(Sec. 508) Requires costs incurred by agencies for personnel actions due to funding reductions in this division to be absorbed within the budgetary resources available to the department or agency. Provides transfer authority between appropriation accounts to carry out this provision, subject to reprogramming procedures. Provides that, for the Department of Commerce, this section applies to actions taken for the care and protection of loan collateral or grant property.
(Sec. 509) Prohibits funds provided by this division from being used to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal of foreign restrictions on the marketing of tobacco products, except for restrictions which are not applied equally to all products of the same type.
(Sec. 510) Establishes obligation limits for funds from the Crime Victims Fund.
(Sec. 511) Prohibits DOJ from using funds provided by this division to discriminate against or denigrate the religious or moral beliefs of students or the parents of students participating in programs for which financial assistance is provided.
(Sec. 512) Prohibits the transfer of funds provided by this division to a department, agency, or instrumentality of the U.S. government, unless the transfer is pursuant to an appropriations Act.
(Sec. 513) Provides that funds included in this this division to implement E-Government Initiatives are subject to reprogramming procedures and requirements.
(Sec. 514) Establishes timetables and procedures for specified audits by Inspectors General of the departments and agencies funded in this bill.
Requires recipients of grants or contracts funded by this bill to certify that no grant or contract funds will be provided to anyone with a financial interest in the recipient.
(Sec. 515) Prohibits Commerce, DOJ, NASA, or the NSF from using funds provided by this division to acquire a high-impact or moderate-impact information system unless supply chain risks have been reviewed and a mitigation strategy has been developed.
(Sec. 516) Prohibits funds provided by this division from being used to support or justify the use of torture by any official or contract employee of the U.S. government.
(Sec. 517) Prohibits the use of funds to require export licenses for exporting components, parts, or attachments for certain firearms to Canada.
(Sec. 518) Prohibits the use of funds to deny certain import applications for firearms, parts, or ammunition that are curios or relics. (Curios or relics are firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons.)
(Sec. 519) Prohibits the use of funds provided by this division to include specified patent provisions from the United States-Singapore Free Trade Agreement, the United States-Australia Free Trade Agreement, or the United States-Morocco Free Trade Agreement in any new bilateral or multilateral trade agreement.
(Sec. 520) Prohibits the use of funds provided by this division to authorize or issue a National Security Letter (NSL) in violation of specified laws authorizing the FBI to issue an NSL. (An NSL is a written directive, comparable to an administrative subpoena, used by law enforcement and intelligence agencies to demand certain information from third parties such as telecommunication providers, financial institutions, and consumer credit reporting agencies.)
(Sec. 521) Requires congressional notification regarding Commerce, DOJ, NSF, or NASA projects that total more than $75 million and are expected to have cost increases of at least 10%.
(Sec. 522) Deems funds provided by this division for intelligence or intelligence related activities as authorized by Congress during FY2016 until the enactment of the Intelligence Authorization Act for FY2016.
(Sec. 523) Prohibits contracts or grant awards above $5 million unless the prospective contractor or grantee certifies that the organization has filed all federal tax returns, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has no unpaid federal tax assessment.
(Sec. 524) Rescinds specified unobligated balances from prior appropriations to Commerce and DOJ.
(Sec. 525) Prohibits funds provided by this division from being used to purchase first class or premium airline travel in violation of specified federal travel regulations.
(Sec. 526) Prohibits funds provided by this division from being used to pay for the attendance of more than 50 department or agency employees at any single conference outside the United States, unless it is a law enforcement training or operational event where the majority of federal attendees are law enforcement personnel stationed outside the United States.
(Sec. 527) Prohibits funds from being used to transfer or release any individual detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo) who is not a U.S. citizen or member of the Armed Forces into the United States, its territories, or possessions.
(Sec. 528) Prohibits funding from being used to construct, acquire, or modify any U.S. facility (other than the facility at Guantanamo Bay, Cuba) to house any individual detained at Guantanamo.
(Sec. 529) Requires, to the extent it is practicable, funds provided by this division to be used to purchase light bulbs that are ''Energy Star'' qualified or have the ''Federal Energy Management Program'' designation
(Sec. 530) Requires the Office of Management and Budget to direct departments and agencies funded by this division to track undisbursed balances in expired grant accounts and include specified details in annual performance and accountability reports.
(Sec. 531) Prohibits NASA or the Office of Science and Technology Policy (OSTP) from using funds provided by this division to: (1) engage in bilateral activities with China or a Chinese-owned company unless the activities are authorized by a law enacted after enactment of this division, or (2) host official Chinese visitors at NASA facilities. Includes an exception if NASA or OSTP have made a specified certification to Congress regarding an activity.
(Sec. 532) Prohibits funds from being used to deny the importation of shotgun models if no application for the importation of models in the same configuration had been denied prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes.
(Sec. 533) Prohibits the use of funds made available in this division for a computer network that does not block pornography, except for law enforcement purposes
(Sec. 534) Requires specified agencies funded by this division to submit spending plans to Congress.
(Sec. 535) Requires the agencies funded by this division to report specified details regarding conference spending to the Inspectors General.
(Sec. 536) Prohibits the use of funds provided by this division to implement the Arms Trade Treaty regulating international trade in conventional arms until it is ratified by the Senate.
(Sec. 537) Requires all departments and agencies funded in this division to link all contracts that provide award fees to successful acquisition outcomes.
(Sec. 538) Prohibits funds provided by this division from being used to pay award or incentive fees for contractors with performance that is below satisfactory or does not meet the basic requirements of the contract.
(Sec. 539) Prohibits the use of funds provided by this division during FY2016 to relinquish the responsibility of the National Telecommunications and Information Administration for Internet domain name system functions.
(Sec. 540) Requires agencies funded by this division to provide Inspectors General with timely access to records, documents, and other materials.
(Sec. 541) Requires specified agencies to report monthly to Congress on official travel of employees to China.
(Sec. 542) Prohibits DOJ from using funds provided by this division to prevent specified states, the District of Columbia, Guam, or Puerto Rico from implementing their own laws authorizing the use, distribution, possession, or cultivation of medical marijuana.
(Sec. 543) Prohibits DOJ or the DEA from using funds provided by this division in contravention of a provision of the Agricultural Act of 2014 that permits an institution of higher education or a state department of agriculture to grow or cultivate industrial hemp for research purposes.
Department of Defense Appropriations Act, 2016
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2016
The Department of Defense Appropriations Act, 2016 provides FY2016 appropriations to the Department of Defense (DOD) for military activities, including appropriations for Overseas Contingency Operations (OCO)/ Global War on Terrorism.
This division does not include funding for military construction, military family housing, civil works projects of the Army Corps of Engineers, and nuclear warheads, which are included in other divisions.
The division increases total funding for DOD compared to FY2015 levels.
TITLE I--MILITARY PERSONNEL
Provides appropriations for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force (the military departments), and for National Guard personnel in the Army and Air Force.
TITLE II--OPERATION AND MAINTENANCE
Provides appropriations for Operation and Maintenance (O&M) for the military departments, other agencies of DOD, the Reserve Components, and the Army and Air National Guard.
Provides appropriations for:
TITLE III--PROCUREMENT
Provides appropriations for Procurement by the military departments, including
Provides appropriations for Defense-Wide Procurement and Defense Production Act Purchases.
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Provides appropriations for Research, Development, Test, and Evaluation (RDT&E) by the military departments and defense agencies.
Provides appropriations for the independent activities of the Director of Operational Test and Evaluation.
TITLE V--REVOLVING AND MANAGEMENT FUNDS
Provides appropriations for the Defense Working Capital Funds and the National Defense Sealift Fund.
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
Provides appropriations for other DOD programs, including:
TITLE VII--RELATED AGENCIES
Provides appropriations for the Central Intelligence Agency Retirement and Disability System Fund, and the Intelligence Community Management Account.
TITLE VIII--GENERAL PROVISIONS
Sets forth permissible, restricted, and prohibited uses of funds appropriated by this and other appropriations bills.
(Sec. 8001) Prohibits appropriations provided by this this bill from being used for publicity or propaganda purposes not authorized by Congress.
(Sec. 8002) Exempts DOD from laws prohibiting the compensation or employment of foreign nationals if specified conditions are met.
(Sec. 8003) Prohibits funding provided by this bill from remaining available for obligation beyond the current fiscal year unless this bill expressly provides otherwise.
(Sec. 8004) Prohibits more than 20% of the appropriations provided by this division for the current fiscal year from being obligated during the last two months of the fiscal year.
(Sec. 8005) Permits specified Working Capital Funds provided by this division for military functions (except military construction) to be transferred between appropriations or funds available for the same purposes, subject to specified restrictions and the approval of the Office of Management and Budget (OMB). Requires DOD to notify Congress of all transfers made pursuant to this section.
(Sec. 8006) Requires tables included in the explanatory statement accompanying this division to be treated as if they were included in the text of this division.
(Sec. 8007) Requires DOD to submit a report to Congress to establish the baseline for application of reprogramming and transfer authorities for FY2016. Prohibits funds provided by this division from being reprogrammed or transferred until the report is provided or DOD certifies to Congress that the reprogramming or transfer is necessary as an emergency requirement. Includes an exception for Environmental Restoration accounts.
(Sec. 8008) Prohibits cash balances in DOD Working Capital Funds from exceeding the level necessary for cash disbursements to be made from the funds. Sets forth requirements and limitations for transfers of balances in the funds to specified accounts.
(Sec. 8009) Prohibits the initiation of a special access program without notifying Congress in advance.
(Sec. 8010) Establishes limitations and conditions on the use of funds provided by this division to initiate or terminate certain multi-year contracts.
(Sec. 8011) Appropriates O&M funds for the costs of humanitarian and civic assistance provided in conjunction with military operations.
(Sec. 8012) Prohibits DOD from managing civilian personnel on the basis of any end-strength during FY2016.
(Sec. 8013) Prohibits funds made available by this division from being used to directly or indirectly influence congressional action on legislation or appropriation matters pending before Congress.
(Sec. 8014) Prohibits compensation from being paid to any member of the Army participating as a full-time student and receiving benefits from the Defense Education Benefits Fund if the time spent as a student is counted toward the member's service commitment.
(Sec. 8015) Permits funds appropriated in title III of this division for the Department of Defense Pilot Mentor-Protege Program to be transferred to any other account to implement a developmental assistance agreement under the program.
(Sec. 8016) Prohibits DOD from purchasing certain anchor and mooring chains unless they are manufactured in the United States.
(Sec. 8017) Provides specified Working Capital Fund--Army funds to maintain competitive rates at the arsenals.
(Sec. 8018) Prohibits funds from being used to demilitarize or dispose of certain small firearms, small arms ammunition, or ammunition components.
(Sec. 8019) Limits funding for the relocation of any DOD entity into or within the National Capital Region. Permits DOD to waive the limitation by certifying to Congress that a relocation is required in the best interest of the government.
(Sec. 8020) Provides specified funds for incentive payments for federal contracts involving contractors, subcontractors, or suppliers that are Indian organizations or Indian-owned economic enterprises.
(Sec. 8021) Prohibits funds for the Defense Media Activity from being used for national or international political or psychological activities.
(Sec. 8022) Permits DOD to incur obligations of up to $350 million for DOD military compensation, construction projects, and supplies and services in anticipation of contributions from the government of Kuwait.
(Sec. 8023) Provides appropriations from specified accounts for the Civil Air Patrol Corporation to support operation and maintenance, procurement, readiness, counterdrug activities, and drug demand reduction activities involving youth programs.
(Sec. 8024) Prohibits funds provided by this division from being used to establish a new DOD federally-funded research and development center (FFRDC). Limits compensation for FFRDC members or consultants.
Prohibits a defense FFRDC from using FY2016 DOD funds for new building construction, cost-sharing payments for projects funded by government grants, absorption of contract overruns, or certain charitable contributions.
Limits the staff years that may be funded for FFRDCs from FY2016 funds, and requires DOD to submit a report on the allocation of staff years with the FY2017 budget request.
Reduces the total amount appropriated by this division for FFRDCs.
(Sec. 8025) Prohibits DOD from procuring carbon, alloy, or armor steel plating not melted and rolled in the United States or Canada. Permits DOD to waive the prohibition if adequate domestic supplies are not available and an acquisition is necessary for national security purposes.
(Sec. 8026) Specifies that "congressional defense committees" include the Senate and House Armed Services Committees and Appropriations Subcommittees on Defense.
(Sec. 8027) Permits DOD to acquire the modification, depot maintenance, and repair of aircraft, vehicles, and vessels; and production of components through competition between DOD activities and private firms.
(Sec. 8028) Revokes blanket waivers of the Buy American Act if DOD determines that a country has violated the terms of a specified agreement by discriminating against products produced in the United States.
(Sec. 8029) Permits funds in the Department of Defense Overseas Military Facility Investment Recovery Account to remain available until expended.
(Sec. 8030) Permits the Air Force to convey to Indian tribes located in Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units currently located at Grand Forks, Malmstrom, Mountain Home, Elllsworth, and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising among requests of Indian tribes for these conveyances.
(Sec. 8031) Permits DOD O&M appropriations to be used to purchase items with an investment unit cost of not more than $250,000.
(Sec. 8032) Prohibits the use of funds provided by this division to disestablish, close, downgrade from host to extension center, or place on probation a Senior Reserve Officers' Training Corps program.
(Sec. 8033) Requires DOD to issue regulations to: (1) prohibit the sale of tobacco or tobacco-related products in military resale outlets in the United States, its territories, and possessions at a price below the most competitive price in the local community; and (2) require the prices in overseas military retail outlets to be within the range of prices established for military retail systems stores in the United States.
(Sec. 8034) Prohibits the use of DOD Working Capital Funds to purchase specified investment items.
(Sec. 8035) Prohibits funds provided for the Central Intelligence Agency (CIA) from remaining available for obligation beyond the current fiscal year, except for funds provided for the Reserve for Contingencies, the Working Capital Fund, or other specified programs.
(Sec. 8036) Permits funds made available by this division to the Defense Intelligence Agency to be used for the design, development, and deployment of General Defense Intelligence Program intelligence communication and intelligence information systems.
(Sec. 8037) Requires specified Operation and Maintenance--Defense-Wide funds to be used for the mitigation of environmental impacts on Indian lands resulting from DOD activities.
(Sec. 8038) Requires DOD to comply with the Buy American Act.
(Sec. 8039) Prohibits funds from being used for contracts for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited proposal unless specified conditions are met.
(Sec. 8040) Prohibits funds in this division from being used to: (1) establish a field operating agency, or (2) pay a member of the Armed Forces or civilian employee transferred or reassigned from a headquarters activity if the employee's place of duty remains at headquarters. Specifies exceptions and permits waivers that will reduce personnel or financial requirements of the department.
(Sec. 8041) Prohibits funds in this division from being used to convert a function performed by DOD civilian employees to performance by a contractor unless specific requirements are met.
(Sec. 8042) Rescinds specified funds provided for Procurement, Cooperative Threat Reduction, and RDT&E in prior defense appropriations Acts.
(Sec. 8043) Prohibits funds provided by this division from being used to reduce authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve, and Air Force Reserve unless the reductions are a direct result of a reduction in military force structure.
(Sec. 8044) Prohibits funds provided by this division from being used for assistance to North Korea unless specifically appropriated for that purpose.
(Sec. 8045) Permits O&M funds provided by this division to be used to reimburse the National Guard and Reserve for providing intelligence or counterintelligence support to the combatant commands, defense agencies, and joint intelligence activities.
(Sec. 8046) Prohibits the transfer of DOD or Central Intelligence Agency (CIA) drug interdiction or counter-drug activity funds to any other department or agency except as specifically provided in an appropriations law.
(Sec. 8047) Requires ball and roller bearings purchased using funds provided by this division to be produced by a domestic source. Permits DOD to waive the prohibition if adequate domestic supplies are not available and an acquisition is necessary for national security.
(Sec. 8048) Prohibits funds provided by this division from being used for Evolved Expendable Lau