[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 244 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
May 3, 2017.
Resolved, That the House agree to the amendments numbered 2 and 3
of the Senate to the bill (H.R. 244) entitled ``An Act to encourage
effective, voluntary investments to recruit, employ, and retain men and
women who have served in the United States military with annual Federal
awards to employers recognizing such efforts, and for other
purposes.'', and be it further
Resolved, That the House agree to the amendment numbered 1 of the
Senate to the aforementioned bill, with the following
HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be stricken by Senate
amendment numbered 1, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2017''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Technical allowance for estimating differences.
Sec. 8. Correction.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017
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 Agency and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2017
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, 2017
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
Title X--Department of Defense--Additional Appropriations
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2017
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
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2017
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
Title IX--SOAR Reauthorization
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2017
Title I--Departmental Management, Operations, Intelligence, and
Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
Title VI--Department of Homeland Security--Additional Appropriations
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
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, 2017
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, 2017
Title I--Legislative Branch
Title II--General Provisions
DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2017
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
DIVISION K--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION L--MILITARY CONSTRUCTION AND VETERANS AFFAIRS--ADDITIONAL
APPROPRIATIONS ACT, 2017
Title I--Overseas Contingency Operations
Title II--Department of Veterans Affairs
Title III--General Provision--This Division
DIVISION M--OTHER MATTERS
Title I--Health Benefits for Miners Act of 2017
Title II--Puerto Rico Section 1108(g) Amendment of 2017
Title III--General Provision
DIVISION N--HONORING INVESTMENTS IN RECRUITING AND EMPLOYING AMERICAN
MILITARY VETERANS ACT OF 2017
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
section of the Congressional Record on or about May 2, 2017, and
submitted 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, 2017.
SEC. 6. AVAILABILITY OF FUNDS.
(a) Each amount designated in this Act 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 shall be
available (or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
(b) 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 2017, 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 2017
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. CORRECTION.
The Further Continuing and Security Assistance Appropriations Act,
2017 (Public Law 114-254) is amended by changing the long title so as
to read: ``Making further continuing appropriations for the fiscal year
ending September 30, 2017, and for other purposes.''.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $44,555,000,
of which not to exceed $5,051,000 shall be available for the immediate
Office of the Secretary; 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 $24,928,000 shall be
available for the Office of the Assistant Secretary for Administration,
of which $24,124,000 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 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.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$18,917,000, of which $4,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155; and of which
$2,000,000, to remain available until September 30, 2018, shall be
available for policy research and related activities in support of the
forthcoming Farm Bill.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals,
$13,399,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,525,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $49,538,000, of which not less than $33,000,000 is for
cybersecurity requirements of the Department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $8,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $901,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $24,206,000.
Agriculture Buildings and 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, $84,189,000, to remain available until expended.
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.), $3,633,000, 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,
$98,208,000, 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,
$44,697,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,136,000.
Office of the Under Secretary for Research, Education, and Economics
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,
$86,757,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $171,239,000, 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,
$1,170,235,000: 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 $500,000, except for headhouses or
greenhouses which shall each be limited to $1,800,000, except for 10
buildings to be constructed or improved at a cost not to exceed
$1,100,000 each, and except for two buildings to be constructed at a
cost not to exceed $3,000,000 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 $500,000, whichever is
greater: Provided further, That appropriations hereunder shall be
available for entering into lease agreements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by the Agricultural Research Service
and a condition of the lease shall be that any facility shall be owned,
operated, and maintained by the non-Federal entity and shall be removed
upon the expiration or termination of the lease agreement: 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 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.
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, $99,600,000 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,
$849,518,000, 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 Hawaiian-serving 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. 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, $477,391,000, 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, $36,000,000,
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, 2018: 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 and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $901,000.
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 (22 U.S.C. 4085),
$946,212,000, of which $477,000, 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 $37,857,000,
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 $166,500,000, 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 $16,523,000, to remain available until
expended, shall be for zoonotic disease management; of which
$40,966,000, to remain available until expended, shall be for emergency
preparedness and response; of which $54,000,000, to remain available
until expended, shall be for tree and wood pests; of which $5,723,000,
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; of
which $3,000,000, to remain available until expended, shall be for
National Bio and Agro-Defense human capital development: 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 2017, 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 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,
$84,933,000, of which $1,000,000 shall be available for the purposes of
section 12306 of Public Law 113-79: Provided, That of the funds
provided herein, $1,000,000 shall be used for the transportation
services division: Provided further, That of the amounts made
available under this heading, no more than $1,000,000 shall be used for
the purpose of Public Law 114-216: 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.
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 $61,227,000 (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 $20,705,000 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.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $43,482,000: 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, $819,000.
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), $1,032,062,000; 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 2017 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 and Foreign Agricultural
Services
For necessary expenses of the Office of the Under Secretary for
Farm and Foreign Agricultural Services, $901,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,206,110,000:
Provided, That not more than 50 percent of the $100,851,000 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, and receives written or
electronic notification of receipt from such Committees of, 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 2017 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), $3,904,000.
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: $2,750,000,000 for guaranteed farm ownership loans and
$1,500,000,000 for farm ownership direct loans; $1,960,000,000 for
unsubsidized guaranteed operating loans and $1,530,000,000 for direct
operating loans; emergency loans, $22,576,000; Indian tribe land
acquisition loans, $20,000,000; 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,
$65,178,000 for direct operating loans, $20,972,000 for unsubsidized
guaranteed operating loans, emergency loans, $1,262,000, to remain
available until expended; and $2,550,000 for Indian highly fractionated
land loans.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $317,068,000, 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.
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).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $901,000.
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,
$864,474,000, to remain available until September 30, 2018: 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.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to surveys and investigations, engineering operations,
works of improvement, and changes in use of land, in accordance with
the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005
and 1007-1009) and in accordance with the provisions of laws relating
to the activities of the Department, $150,000,000, to remain available
until expended: Provided, That of the amounts made available under
this heading, $50,000,000 shall be allocated to projects and activities
that can commence promptly following enactment; that address regional
priorities for flood prevention, agricultural water management,
inefficient irrigation systems, fish and wildlife habitat, or watershed
protection; or that address authorized ongoing projects under the
authorities of section 13 of the Flood Control Act of December 22, 1944
(Public Law 78-534) with a primary purpose of watershed protection by
preventing floodwater damage and 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.
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, $896,000.
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 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: $1,000,000,000 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; $35,000,000 for section 515 rental housing;
$230,000,000 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 self-help 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, $67,700,000 shall be for
direct loans; section 504 housing repair loans, $3,663,000; section 523
self-help housing land development loans, $417,000; section 524 site
development loans, $111,000; and repair, rehabilitation, and new
construction of section 515 rental housing, $10,360,000: 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: 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, 2017: Provided further, That the
Secretary shall implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate the
acquisition of Rural Housing Service (RHS) multifamily housing
properties by such nonprofit organizations and public housing
authorities that commit to keep such properties in the RHS multifamily
housing program for a period of time as determined by the Secretary,
with such incentives to include, but not be limited to, the following:
allow such nonprofit entities and public housing authorities to earn a
Return on Investment (ROI) on their own resources to include proceeds
from low income housing tax credit syndication, own contributions,
grants, and developer loans at favorable rates and terms, invested in a
deal; and allow reimbursement of organizational costs associated with
owner's oversight of asset referred to as ``Asset Management Fee''
(AMF) of up to $7,500 per property.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by 42 U.S.C. 1484 and 1486, $15,387,000, 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, $412,254,000 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,
$1,405,033,000, of which $40,000,000 shall be available until September
30, 2018; 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 2017 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 except as provided in the third 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 2017 for a project that the Secretary
determines no longer needs rental assistance and use such recaptured
funds for current needs.
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, $41,400,000, to remain
available until expended: Provided, That of the funds made available
under this heading, $19,400,000, 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 multi-family rental housing loan
restructuring program similar to the demonstration program described
herein, the Secretary may use 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), $30,000,000, 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, $33,701,000, 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,
$2,600,000,000 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, $3,322,000, 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, $43,778,000, 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 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.
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, $65,319,000, 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
$6,000,000 shall be for grants to the Delta Regional Authority (7
U.S.C. 2009aa et seq.) and the Appalachian Regional Commission (40
U.S.C. 14101 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 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, $5,476,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
$557,000 shall be available through June 30, 2017, for Federally
Recognized Native American Tribes; and of which $1,072,000 shall be
available through June 30, 2017, 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''.
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,
$42,213,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural Electrification Act
of 1936, $132,000,000 shall not be obligated and $132,000,000 are
rescinded.
The cost of grants authorized under section 313 of the Rural
Electrification Act, for the purpose of promoting rural economic
development and job creation projects shall not exceed $10,000,000.
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), $26,550,000, of which $2,750,000 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 $15,000,000, 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), $352,000: 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, $571,190,000, 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 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) of such Act:
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 $16,897,000 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, $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, $3,071,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $33,270,000, 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,
$27,043,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $26,600,000, 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, $34,500,000, 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, and Consumer
Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition, and Consumer Services, $814,000.
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.), except sections
17 and 21; $22,793,982,000 to remain available through September 30,
2018, 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, $23,000,000 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 2016'' and inserting ``2010 through 2017'': Provided further,
That section 9(h)(3) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(h)(3)) is amended in the first sentence by striking
``for each of fiscal years 2011 through 2015'' and inserting ``for
fiscal year 2017'': Provided further, That section 9(h)(4) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is
amended in the first sentence by striking ``for each of fiscal years
2011 through 2015'' and inserting ``for fiscal year 2017''.
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, 2018: 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.), $78,480,694,000, of which $3,000,000,000,
to remain available through December 31, 2018, 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
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
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, 2018: Provided further, That funds made
available under this heading for section 28(d)(1), section 4(b), and
section 27(a) of the Food and Nutrition Act of 2008 shall remain
available through September 30, 2018: Provided further, That none of
the funds made available under this heading may be obligated or
expended in contravention of section 213A of the Immigration and
Nationality Act (8 U.S.C. 1183A): 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, $315,139,000, to
remain available through September 30, 2018: 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 2017 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, 2018: 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,
$170,716,000: Provided, That of the funds provided herein, $17,700,000
shall be available until expended for relocation expenses and for the
alteration and repair of buildings and improvements pursuant to 7
U.S.C. 2250: Provided further, 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: Provided
further, That of the funds provided herein, $1,000,000 shall be used to
contract for an independent study to identify the best means of
consolidating and coordinating reporting requirements under Child
Nutrition Programs to eliminate redundancy, increase efficiency, and
reduce the reporting burden on school food authorities and State
agencies.
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), $196,571,000: 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, $149,000, 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:
Provided, That the Administrator of the United States Agency for
International Development shall in each instance notify in writing the
Committees on Appropriations of both Houses of Congress, the Committee
on Agriculture of the House, and the Committee on Agriculture,
Nutrition, and Forestry of the Senate and make publicly available
online the amount and use of authority in section 202(a) of the Food
for Peace Act (7 U.S.C. 1722(a)) to notwithstand the minimum level of
nonemergency assistance required by section 412(e)(2) of the Food for
Peace Act (7 U.S.C. 1736f(e)(2)) not later than 15 days after the date
of such action.
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 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,
$8,537,000; 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 $6,074,000 shall
be transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $2,463,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCY 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; $4,655,089,000: Provided, That of the amount
provided under this heading, $754,524,000 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;
$126,083,000 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; $323,011,000 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;
$22,079,000 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; $23,673,000 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;
$11,341,000 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; $635,000,000 shall be derived 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 2017 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 2017, including any such fees collected prior to fiscal
year 2017 but credited for fiscal year 2017, shall be subject to the
fiscal year 2017 limitations: Provided further, That the Secretary may
accept payment during fiscal year 2017 of user fees specified under
this heading and authorized for fiscal year 2018, prior to the due date
for such fees, and that amounts of such fees assessed for fiscal year
2018 for which the Secretary accepts payment in fiscal year 2017 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) $1,025,503,000 shall be for
the Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2) $1,329,328,000
shall be for the Center for Drug Evaluation and Research and related
field activities in the Office of Regulatory Affairs; (3) $339,618,000
shall be for the Center for Biologics Evaluation and Research and for
related field activities in the Office of Regulatory Affairs; (4)
$194,252,000 shall be for the Center for Veterinary Medicine and for
related field activities in the Office of Regulatory Affairs; (5)
$427,928,000 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) $596,338,000 shall be for the Center for
Tobacco Products and for related field activities in the Office of
Regulatory Affairs; (8) not to exceed $163,507,000 shall be for Rent
and Related activities, of which $46,856,000 is for White Oak
Consolidation, other than the amounts paid to the General Services
Administration for rent; (9) not to exceed $231,293,000 shall be for
payments to the General Services Administration for rent; and (10)
$283,991,000 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 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 of the total amount made available under this heading,
$3,000,000 shall be used by the Commissioner of Food and Drugs, in
coordination with the Secretary of Agriculture, for consumer outreach
and education regarding agricultural biotechnology and biotechnology-
derived food products and animal feed, including through publication
and distribution of science-based educational information on the
environmental, nutritional, food safety, economic, and humanitarian
impacts of such biotechnology, food products, and feed: 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), third-party logistics provider licensing and inspection fees
authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees
authorized by 21 U.S.C. 384d(c)(8), and medical countermeasure priority
review voucher user fees authorized by 21 U.S.C. 360bbb-4a, shall be
credited to this account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not otherwise
provided, $11,788,000, to remain available until expended.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $68,600,000 (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 52 passenger motor vehicles of which 52 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 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 in addition to the
funds appropriated or made available in this Act for the National
Finance Center the Secretary shall make available $8,608,000 from
unobligated balances of the Working Capital Fund and unobligated
balances and reserves of the National Finance Center for travel,
information technology, financial management systems, and related
expenses incurred as a result of a February 2017 tornado: Provided
further, That the limitations 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 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, 2018, 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,
2018, 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).
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 Protection and Flood
Prevention Act (16 U.S.C. 1012(h)(1)) in excess of $9,000,000;
(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 $1,357,000,000:
Provided, That this limitation shall apply only to funds
provided by section 1241(a)(5)(D) of the Food Security Act of
1985 (16 U.S.C. 3841(a)(5)(D));
(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;
(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 $151,000,000 of the funding
made available by subsection (g)(1)(A) of that section for all
fiscal years; and
(5) A program authorized by section 524(b) of the Federal
Crop Insurance Act, as amended (7 U.S.C. 1524(b)) in excess of
$7,000,000 for fiscal year 2017: Provided, That
notwithstanding section 524(b)(4)(C)(i) and 524(b)(4)(C)(iii)
this limitation shall not apply to funds provided by section
524(b)(4)(C)(ii).
Sec. 715. Notwithstanding subsection (b) of section 14222 of
Public Law 110-246 (7 U.S.C. 612c-6; in this section referred to as
``section 14222''), 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 section 32 of
the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to
as ``section 32'') in excess of $886,000,000 (exclusive of carryover
appropriations from prior fiscal years), as follows: Child Nutrition
Programs Entitlement Commodities--$465,000,000; State Option
Contracts-- $5,000,000; Removal of Defective Commodities--$2,500,000;
Administration of Section 32 Commodity Purchases--$35,440,000:
Provided, That of the total funds made available in the matter
preceding this proviso that remain unobligated on October 1, 2017, such
unobligated balances shall carryover into the next fiscal year and
shall remain available until expended for any of the three stated
purposes of section 32, except that any such carryover funds used in
accordance with clause (3) of section 32 may not exceed $75,000,000 and
may not be obligated until the Secretary of Agriculture provides
written notification of the expenditures to the Committees on
Appropriations of both Houses of Congress at least two weeks in
advance: Provided further, 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 sub-section (i)(1)(E) of section 19 of
the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a),
except in an amount that excludes the transfer of $125,000,000 of the
funds to be transferred under subsection (c) of section 14222, until
October 1, 2017: Provided further, That $125,000,000 made available on
October 1, 2017, to carry out such section 19 shall be excluded from
the limitation described in subsection (b)(2)(A)(x) of section 14222:
Provided further, That, with the exception of any available carryover
funds authorized in the first proviso of this section to be used for
the purposes of clause (3) of section 32, 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, or for any surplus
removal activities or price support activities under section 5 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714c): Provided
further, That the available unobligated balances under (b)(2)(A)(ix) of
section 14222 in excess of the limitation set forth in this section,
excluding the carryover amounts authorized in the first proviso of this
section for section 32 and the amounts to be transferred pursuant to
the second proviso of this section, 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, 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 2018 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 or the Secretary of Health and
Human Services (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 or the Secretary of Health and Human
Services (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.
(c) The Secretary of Agriculture or the Secretary of Health and
Human Services 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 or the Secretary of
Health and Human Services 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, 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, 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 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. 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. 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, 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 Secretary, 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. 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. 726. 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. 727. 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. 728. 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 Care Food 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. 729. 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. 730. 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. 731. There is hereby appropriated $1,996,000 to carry out
section 1621 of Public Law 110-246.
Sec. 732. 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 2017, 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. 733. 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. 734. 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. 735. Any amounts transferred pursuant to section 149 of the
Continuing Appropriations Act, 2017 (division C of Public Law 114-223),
as amended by the Further Continuing and Security Assistance
Appropriations Act, 2017 (Public Law 114-254), that the Secretary of
Agriculture determines are not necessary for the cost of direct
telecommunications loans authorized by section 305 of the Rural
Electrification Act of 1936 (7 U.S.C. 935) shall be transferred back to
the accounts to which they were originally appropriated and shall be
available for the same purposes as originally appropriated.
Sec. 736. 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. 737. None of the funds made available by this or any other
Act may be used to carry out the final rule promulgated by the Food and
Drug Administration and put into effect November 16, 2015, in regards
to the hazard analysis and risk-based preventive control requirements
of the current good manufacturing practice, hazard analysis, and risk-
based preventive controls for food for animals rule with respect to the
regulation of the production, distribution, sale, or receipt of dried
spent grain byproducts of the alcoholic beverage production process.
Sec. 738. (a) The Secretary of Agriculture shall--
(1) 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; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
Sec. 739. 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. 740. 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) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 348(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) of this Act by virtue of bearing
or containing a partially hydrogenated oil until the compliance date as
specified in such order (June 18, 2018).
Sec. 741. 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. 742. (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. 743. In addition to amounts otherwise made available by this
Act under the heading ``Animal and Plant Health Inspection Service--
Buildings and Facilities'', there is appropriated $47,000,000, to
remain available until expended, for fruit fly rearing facilities.
Sec. 744. Beginning on the date of enactment of this Act, in
fiscal year 2017 and each fiscal year hereafter, notwithstanding any
other provision of law, a household certified to participate in the
Supplemental Nutrition Assistance Program is required to report in a
manner prescribed by the Secretary if the household no longer resides
in the State in which it is certified.
Sec. 745. Of the unobligated balances from amounts made available
for the special supplemental nutrition program as authorized by section
17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $850,000,000
are rescinded.
Sec. 746. (a)(1) No Federal funds made available for this fiscal
year for the rural water, waste water, waste disposal, and solid waste
management programs authorized by sections 306, 306A, 306C, 306D, 306E,
and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C.
1926 et seq.) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water or wastewater
system 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, 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 Secretary of Agriculture (in this section referred to as
the ``Secretary'') or the designee of the Secretary 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 or 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 Secretary or the designee receives a request for a
waiver under this section, the Secretary or the designee shall make
available to the public on an informal basis a copy of the request and
information available to the Secretary or the designee 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
Secretary or the designee shall make the request and accompanying
information available by electronic means, including on the official
public Internet Web site of the Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ``Rural Utilities Service--Rural Water and
Waste Disposal Program Account'' for carrying out the provisions
described in subsection (a)(1) for management and oversight of the
requirements of this section.
(f) Subsection (a) shall not apply with respect to a project for
which the engineering plans and specifications include use of iron and
steel products otherwise prohibited by such subsection if the plans and
specifications have received required approvals from State agencies
prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ``United States'' and
``State'' shall include each of the several States, the District of
Columbia, and each federally recognized Indian tribe.
Sec. 747. (a) For the period beginning on the date of enactment of
this Act through school year 2017-2018, 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 of Agriculture 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 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) For the period beginning on the date of enactment of this Act
through school year 2017-2018, 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)).
(c) For the period beginning on the date of enactment of this Act
through school year 2017-2018, notwithstanding any other provision of
law, the Secretary shall allow States to grant special exemptions for
the service of flavored, low-fat fluid milk in the school lunch program
established under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) and the school breakfast program established under
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), and as a
competitive food available on campus during the school day, to schools
which demonstrate a reduction in student milk consumption or an
increase in school milk waste.
Sec. 748. In addition to amounts otherwise made available under
this Act to carry out section 27(a)(1) of the Food and Nutrition Act of
2008 (7 U.S.C. 2036(a)(1)) for fiscal year 2017, there is appropriated
$19,000,000 to carry out such section.
Sec. 749. (a) Subject to subsection (b), the Secretary of
Agriculture may conduct a pilot program in accordance with this section
that authorizes not more than $600,000,000 in funds from rural
electrification loans made by the Federal Financing Bank that are
guaranteed under section 306 of the Rural Electrification Act of 1936
to be used for refinancing debt pursuant to section 306C of such Act
(including any associated prepayment penalties and prepayment or
refinance premium), notwithstanding subsections (b) and (c)(4) of
section 306C of such Act.
(b) The Secretary of Agriculture may not provide an authorization
under subsection (a) to a borrower unless the Secretary determines that
the refinancing involved will benefit the ratepayers of the borrower.
(c) The Federal Financing Bank shall make a new loan to each
borrower refinancing a loan pursuant to this section and section 306 of
the Rural Electrification Act of 1936, for the purpose of providing
funds for the refinancing, which loan shall be obligated from amounts
made available for rural electrification loans, and the Secretary of
Agriculture shall guarantee the new loan pursuant to section 306 of the
Rural Electrification Act of 1936.
(d) For the cost of refinancing a loan pursuant to this section for
any borrower identified by the Federal Financing Bank as having opted
since origination of the loan to pay an interest rate premium for the
eligibility to prepay at par, including a borrower paying an interest
rate premium in the near-term for the right to prepay at par starting
in 2020, $13,800,000, to remain available until expended: Provided,
That these funds shall also be available for refinancing a loan
pursuant to any extension or expansion of this pilot program that is
enacted subsequent to this Act for those same borrowers.
(e) The authority for the pilot program provided by this section
shall remain in effect through September 30, 2019.
Sec. 750. Of the total amounts made available by this Act for
direct loans and grants in the following headings: ``Rural Housing
Service--Rural Housing Insurance Fund Program Account''; ``Rural
Housing Service--Mutual and Self-Help Housing Grants''; ``Rural Housing
Service--Rural Housing Assistance Grants''; ``Rural Housing Service--
Rural Community Facilities Program Account''; ``Rural Business-
Cooperative Service--Rural Business Program Account''; ``Rural
Business-Cooperative Service--Rural Economic Development Loans Program
Account''; ``Rural Business- Cooperative Service--Rural Cooperative
Development Grants''; ``Rural Utilities Service--Rural Water and Waste
Disposal Program Account''; ``Rural Utilities Service--Rural
Electrification and Telecommunications Loans Program Account''; and
``Rural Utilities Service--Distance Learning, Telemedicine, and
Broadband Program'', to the maximum extent feasible, at least 10
percent of the new unobligated balances remaining upon enactment shall
be allocated for assistance in persistent poverty counties under this
section: Provided, That for purposes of this section, the term
``persistent poverty counties'' means any county that has had 20
percent or more of its population living in poverty over the past 30
years, as measured by the 1980, 1990, and 2000 decennial censuses, and
2007-2011 American Community Survey 5-year average: Provided further,
That with respect to specific activities for which program levels have
been made available by this Act that are not supported by budget
authority, the requirements of this section shall be applied to such
program level.
Sec. 751. For the purposes of determining eligibility or level of
program assistance for Rural Development mission area programs the
Secretary shall not include incarcerated prison populations.
Sec. 752. For an additional amount for ``Food and Drug
Administration--Salaries and Expenses'' to prevent, prepare for, and
respond to emerging health threats, including the Ebola and Zika
viruses, domestically and internationally and to develop necessary
medical countermeasures and vaccines, including the review, regulation,
and post market surveillance of vaccines and therapies, and for related
administrative activities, $10,000,000, to remain available until
expended.
Sec. 753. There is hereby appropriated for the ``Emergency
Conservation Program'', $28,651,000, to remain available until expended
for emergencies not declared as a major disaster or emergency under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
Sec. 754. 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. 755. In addition to funds appropriated in this Act, there is
hereby appropriated $134,000,000, 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.
Sec. 756. The Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, shall issue final
regulations revising the Federal drug regulations (as defined in
section 1112(c) of such Act (21 U.S.C. 360dd note)) with respect to
medical gases not later than July 15, 2017.
Sec. 757. For an additional amount for ``Animal and Plant Health
Inspection Service--Salaries and Expenses'', $5,500,000, to remain
available until September 30, 2018, for one-time control and management
and associated activities directly related to the multiple-agency
response to citrus greening.
Sec. 758. The following unobligated balances identified by the
following Treasury Appropriation Fund Symbols are hereby rescinded:
12X1951, $632,928.89; 12X1953, $2,420,129.91; 12X1902, $352,323.31;
12X1900, $16,452.44; and 12X1232, $529,310.95: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency or disaster relief requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 759. The unobligated balances resulting from offsetting
collections identified by Treasury Appropriation Fund Symbols 12X1951,
12X2002, 12X2006, 12X1902, 12X1900, 12X1232, and 12X1980, respectively,
are hereby rescinded: Provided, that no amounts may be rescinded from
amounts that were designated by the Congress as an emergency or
disaster relief requirement pursuant to a concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 760. There is hereby appropriated $5,000,000, to remain
available until September 30, 2018, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish and
enhance farming and ranching opportunities for military veterans.
Sec. 761. During fiscal year 2017, 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.
Sec. 762. None of the funds made available in this Act may be used
to pay the salary or 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).
Sec. 763. The Secretary shall set aside for Rural Economic Area
Partnership (REAP) Zones, until August 15, 2017, 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. 764. There is hereby appropriated $600,000 for the purposes
of section 727 of division A of Public Law 112-55.
Sec. 765. None of the funds made available by this Act may be used
to implement, administer, or enforce the ``variety'' requirements of
the final rule entitled ``Enhancing Retailer Standards in the
Supplemental Nutrition Assistance Program (SNAP)'' published by the
Department of Agriculture in the Federal Register on December 15, 2016
(81 Fed. Reg. 90675) until the Secretary of Agriculture amends the
definition of the term ``variety'' as de fined in section
278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and
``variety'' as applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal Regulations, to
increase the number of items that qualify as acceptable varieties in
each staple food category so that the total number of such items in
each staple food category exceeds the number of such items in each
staple food category included in the final rule as published on
December 15, 2016: Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the requirements
regarding acceptable varieties and breadth of stock to Supplemental
Nutrition Assistance Program retailers that were in effect on the day
before the date of the enactment of the Agricultural Act of 2014
(Public Law 113-79).
Sec. 766. None of the funds made available by this Act may be used
by the Food and Drug Administration to develop, issue, promote, or
advance any regulations applicable to food manufacturers for
population-wide sodium reduction actions or to develop, issue, promote
or advance final guidance applicable to food manufacturers for long
term population-wide sodium reduction actions until the date on which a
dietary reference intake report with respect to sodium is completed.
Sec. 767. There is hereby appropriated $1,000,000, to remain
available until September 30, 2018, for the cost of loans and grants
that is consistent with section 4206 of the Agricultural Act of 2014,
for necessary expenses of the Secretary to support projects that
provide access to healthy food in underserved areas, to create and
preserve quality jobs, and to revitalize low-income communities.
Sec. 768. In addition to funds appropriated in this Act, there is
hereby appropriated $500,000, to remain available until September 30,
2018, under the heading ``Rural Development, Salaries and Expenses'',
for development of an implementation plan for increasing access to
education in the fields of science, technology, engineering, and
mathematics in rural communities through the Distance Learning and
Telemedicine program.
Sec. 769. There is hereby appropriated $8,000,000, to remain
available until September 30, 2018, to carry out section 6407 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107a).
Sec. 770. (a) Of the unobligated balances from amounts made
available in fiscal year 2016 for the Comprehensive Loan Accounting
System under the heading ``Rural Development, Salaries and Expenses'',
$8,900,000 are hereby rescinded.
(b) For an additional amount for ``Rural Development, Salaries and
Expenses'', $8,900,000, to remain available until September 30, 2018,
is provided for Information Technology modernization activities.
Sec. 771. The Secretary shall modify the pilot program initiated
March 1, 2017, designed to preserve affordable rental housing through
non-profit transfer or acquisition of Section 515 properties with
expiring mortgages. The program will study effective means to transfer
Section 515 properties exiting the program due to mortgage maturity to
qualified nonprofit organizations to preserve the properties in the
Rural Housing Service multi-family program. The Secretary shall--
(1) Conduct limited research under the authority found at
section 506(b) of the Housing Act of 1949, as amended (41
U.S.C. Sec. 1476(b));
(2) Track the results and identify ways or incentives to
create additional opportunities for nonprofits to participate
in the preservation of properties;
(3) Work collaboratively with third-parties to address
concerns identified on the Department issued guidance issued
September 16, 2016 titled, ``March 1, 2017, Pilot Program to
Promote Non-Profit Participation in Transactions to Retain the
Section 515 Portfolio'' to maximize research benefits and
potential application; and
(4) Conduct research for two years after the date of the
enactment of this Act and report the findings to the Committees
on Appropriations of both Houses of Congress:
Provided, That there is hereby appropriated $1,000,000, to remain
available until September 30, 2018, to provide grants to qualified non-
profit organizations and public housing authorities to provide
technical assistance, including financial and legal services, to RHS
multi-family housing borrowers to facilitate the acquisition of RHS
multi-family housing properties in areas where the Secretary determines
a risk of loss of affordable housing.
Sec. 772. (a) The Secretary of Agriculture (referred to in this
section as the ``Secretary'') shall carry out a pilot program during
fiscal year 2017 with respect to the 2016 crop year for county-level
agriculture risk coverage payments under section 1117(b)(1) of the
Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), that provides all or
some of the State Farm Service Agency offices in each State the
opportunity to provide agricultural producers in the State a
supplemental payment described in subsection (c) based on the alternate
calculation method described in subsection (b) for 1 or more counties
in a State if the office for that State determines that the alternate
calculation method is necessary to ensure that, to the maximum extent
practicable, there are not significant yield calculation disparities
between comparable counties in the State.
(b) The alternate calculation method referred to in subsection (a)
is a method of calculating the actual yield for the 2016 crop year for
county-level agriculture risk coverage payments under section
1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), under
which--
(1) county data of the National Agricultural Statistics
Service (referred to in this section as ``NASS data'') is used
for the calculations;
(2) if there is insufficient NASS data for a county (as
determined under standards of the Secretary in effect as of the
date of enactment of this Act) or the available NASS data
produces a substantially disparate result, the calculation of
the county yield is determined using comparable contiguous
county NASS data as determined by the Farm Service Agency
office in the applicable State; and
(3) if there is insufficient NASS data for a comparable
contiguous county (as determined under standards of the
Secretary in effect as of the date of enactment of this Act),
the calculation of the county yield is determined using
reliable yield data from other sources, such as Risk Management
Agency data, National Agricultural Statistics Service district
data, National Agricultural Statistics Service State yield
data, or other data as determined by the Farm Service Agency
office in the applicable State.
(c)(1) A supplemental payment made under the pilot program
established under this section may be made to an agricultural producer
who is subject to the alternate calculation method described in
subsection (b) if that agricultural producer would otherwise receive a
county-level agriculture risk coverage payment for the 2016 crop year
in an amount that is less than the payment that the agricultural
producer would receive under the alternate calculation method.
(2) The amount of a supplemental payment to an agricultural
producer under this section may not exceed the difference between--
(A) the payment that the agricultural producer would have
received without the alternate calculation method described in
subsection (b); and
(B) the payment that the agricultural producer would
receive using the alternate calculation method.
(d)(1) There is appropriated to the Secretary, out of funds of the
Treasury not otherwise appropriated, $5,000,000, to remain available
until September 30, 2018, to carry out the pilot program described in
this section.
(2) Of the funds appropriated, the Secretary shall use not more
than $5,000,000 to carry out the pilot program described in this
section.
(e)(1) To the maximum extent practicable, the Secretary shall
select States to participate in the pilot program under this section so
the cost of the pilot program equals the amount provided under
subsection (d).
(2) To the extent that the cost of the pilot program exceeds the
amount made available, the Secretary shall reduce all payments under
the pilot program on a pro rata basis.
(f) Nothing in this section affects the calculation of actual yield
for purposes of county-level agriculture risk coverage payments under
section 1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C.
9017(b)(1)) other than payments made in accordance with the pilot
program under this section.
(g) A calculation of actual yield made using the alternate
calculation method described in subsection (b) shall not be used as a
basis for any agriculture risk coverage payment determinations under
section 1117 of the Agricultural Act of 2014 (7 U.S.C. 9017) other than
for purposes of the pilot program under this section.
Sec. 773. 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 section 7606 of the Agricultural Act of 2014,
within or outside the State in which the industrial hemp is
grown or cultivated.
Sec. 774. Notwithstanding any other provision of law, for purposes
of applying the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.), the acceptable market name of Lithodes aequispinus is ``golden
king crab.''
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2017''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2017
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 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,
$495,000,000, to remain available until September 30, 2018, of which
$12,000,000 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 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 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),
$237,000,000, to remain available until expended, of which $17,000,000
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, $34,000,000.
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,
$107,300,000, to remain available until September 30, 2018.
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.
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, $1,200,000,000, to remain available until
September 30, 2018: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activities:
Provided further, That within the amounts appropriated, $2,580,000
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), $32,000,000,
to remain available until September 30, 2018: 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.
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, $3,230,000,000, 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 2017, so as to result in a fiscal year 2017
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2017, should the total amount of such
offsetting collections be less than $3,230,000,000 this amount shall be
reduced accordingly: Provided further, That any amount received in
excess of $3,230,000,000 in fiscal year 2017 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 2017
for official reception and representation expenses: Provided further,
That in fiscal year 2017 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) 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: Provided, That of the amount provided under this heading,
$2,000,000 shall be derived from recoveries of prior year obligations.
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), $109,000,000, 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 purposes of
conducting activities pursuant to cooperative agreements; and
relocation of facilities, $3,367,875,000, to remain available until
September 30, 2018, except that funds provided for cooperative
enforcement shall remain available until September 30, 2019: 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 $3,515,539,000
provided for in direct obligations under this heading, $3,367,875,000
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 $228,440,000: 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. ch. 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, $2,242,610,000, to remain available
until September 30, 2019, except that funds provided for acquisition
and construction of vessels and construction of facilities shall remain
available until expended: Provided, That of the $2,255,610,000
provided for in direct obligations under this heading, $2,242,610,000
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 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, $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, 2018: 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 2017, 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, 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
(including transfer of funds)
For necessary expenses for the renovation and modernization of the
Herbert C. Hoover Building, including security-related costs,
$4,000,000, to remain available until expended: Provided, That the
Secretary of Commerce may transfer up to $8,224,000 to this account
from funds available to the Department of Commerce: Provided further,
That the transfer authority provided in the first proviso is in
addition to any other transfer authority contained in this Act:
Provided further, That any transfer pursuant to the authority provided
under this heading 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.
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.), $32,744,000.
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 2017: 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.
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. None of the funds appropriated or otherwise made
available in this or any other Act, with respect to any fiscal year,
may be used in contravention of section 110 of the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2016 (Public Law 114-
113).
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, 2019, 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.
Sec. 113. For fiscal year 2017 and each fiscal year thereafter, no
person shall conduct any research, exploration, salvage, or other
activity that would physically alter or disturb the wreck or wreck site
of the RMS Titanic unless authorized by the Secretary of Commerce per
the provisions of the Agreement Concerning the Shipwrecked Vessel RMS
Titanic. The Secretary of Commerce shall take appropriate actions to
carry out this section consistent with the Agreement.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2017''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $114,124,000, 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: Provided further, That any
transfer pursuant to the first 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.
executive office for immigration review
(including transfer of funds)
For expenses necessary for the administration of immigration-
related activities of the Executive Office for Immigration Review,
$440,000,000, 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 not to exceed
$15,000,000 of the total amount made available under this heading shall
remain available until expended: Provided further, That any
unobligated balances available from funds appropriated for the
Executive Office for Immigration Review under the heading ``General
Administration, Administrative Review and Appeals'' shall be
transferred to and merged with the appropriation under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$95,583,000, 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; the administration of pardon and clemency petitions;
and rent of private or Government-owned space in the District of
Columbia, $897,500,000, 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 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 $10,000,000, 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-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of
collection (and estimated to be $125,000,000 in fiscal year 2017),
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 2017, so as to result in a final fiscal year 2017 appropriation
from the general fund estimated at $39,977,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$2,035,000,000: 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 2017, 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 2017, net of amounts necessary to pay
refunds due depositors, (estimated at $163,000,000) 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 2017
appropriation from the general fund estimated at $62,908,000.
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,
$15,500,000: 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.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,249,040,000, 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, $10,000,000, 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, $96,000,000, 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.
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 organizations, transnational organized crime, and 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
transnational organized crime and drug trafficking, $517,000,000, 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, $8,767,201,000, of which not to exceed $285,882,000 shall
remain available until expended: Provided, That not to exceed $184,500
shall be available for official reception and representation expenses:
Provided further, That in addition to other funds provided for
Construction projects, the Federal Bureau of Investigation may use up
to $68,982,000 under this heading for all costs related to
construction, conversion, modification and extension of federally owned
and leased space; preliminary planning and design of projects; and
operation and maintenance of secure work environment facilities and
secure networking capabilities.
construction
(including transfer of funds)
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; preliminary planning and
design of projects; and operation and maintenance of secure work
environment facilities and secure networking capabilities;
$420,178,000, to remain available until expended, of which $181,000,000
shall be derived by transfer from the Department of Justice's Working
Capital Fund: Provided, That $323,000,000 shall be for the new Federal
Bureau of Investigation consolidated headquarters facility in the
National Capital Region.
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, $2,102,976,000, 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
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, $1,258,600,000, 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, $7,008,800,000: 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, 2018: 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.
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,
$130,000,000, to remain available until expended, of which $50,000,000
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
(including transfer of funds)
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 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,
$481,500,000, to remain available until expended, of which $326,000,000
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) $3,000,000 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) $53,000,000 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) $35,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(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) $4,000,000 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) $1,500,000 for the purposes authorized under the 2015
Act.
Office of Justice Programs
research, evaluation and statistics
(including transfer of funds)
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 Law 110-
180); the Violence Against Women Reauthorization Act of 2013 (Public
Law 113-4) (``the 2013 Act''); and other programs, $89,000,000, to
remain available until expended, of which--
(1) $45,500,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act, of which $5,000,000 is for a
nationwide incident-based crime statistics program;
(2) $39,500,000 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, of which $4,000,000 is for research targeted toward
developing a better understanding of the domestic
radicalization phenomenon, and advancing evidence-based
strategies for effective intervention and prevention; and
(3) $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
(including transfer of funds)
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''); the Comprehensive Addiction and Recovery Act of 2016 (Public
Law 114-198) (``CARA''); and other programs, $1,258,500,000, to remain
available until expended as follows--
(1) $396,000,000 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, $7,500,000 is for the
Officer Robert Wilson III Memorial Initiative on Preventing
Violence Against Law Enforcement Officer Resilience and
Survivability (VALOR), $5,000,000 is for an initiative to
support evidence-based policing, $2,500,000 is for an
initiative to enhance prosecutorial decision-making, $2,400,000
is for the operationalization, maintenance and expansion of the
National Missing and Unidentified Persons System, $2,500,000 is
for a national training initiative to improve police-based
responses to people with mental illness or developmental
disabilities, $6,500,000 is for competitive and evidence-based
programs to reduce gun crime and gang violence, $2,000,000 is
for a student loan repayment assistance program pursuant to
section 952 of Public Law 110-315, $2,500,000 is for the
Capital Litigation Improvement Grant Program, as authorized by
section 426 of Public Law 108-405, and for grants for wrongful
conviction review, $10,500,000 is 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), and $20,000,000 is
for the sole purpose of providing reimbursement of
extraordinary law enforcement and related costs directly
associated with protection of the President-elect incurred from
November 9, 2016 until the inauguration of the President-elect
as President: Provided, That reimbursement under the foregoing
shall be provided only for costs that a State or local agency
can document as being over and above normal law enforcement
operations and directly attributable to the provision of
protection described herein: Provided further, That section
154 of the Continuing Appropriations Act, 2017 (division C of
Public Law 114-223), as amended by the Further Continuing and
Security Assistance Appropriations Act, 2017 (Public Law 114-
254), is amended by inserting after ``$7,000,000'' the
following: ``, to remain available until September 30, 2017,'';
(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) $13,000,000 for economic, high technology, white collar
and Internet crime prevention grants, including as authorized
by section 401 of Public Law 110-403;
(5) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(6) $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;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $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);
(9) $13,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(10) $125,000,000 for DNA-related and forensic programs and
activities, of which--
(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 Grant
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;
(11) $45,000,000 for a grant program for community-based
sexual assault response reform;
(12) $9,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $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;
(14) $50,000,000 for the Comprehensive School Safety
Initiative;
(15) $65,000,000 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, $25,000,000 is for a
justice reinvestment initiative, for activities related to
criminal justice reform and recidivism reduction, and
$17,500,000 is for an Edward Byrne Memorial criminal justice
innovation program; and
(16) $103,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the
following programs, which shall address opioid abuse reduction
consistent with underlying program authorities--
(A) $43,000,000 for Drug Courts, as authorized by
section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $12,000,000 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);
(C) $14,000,000 for grants for Residential
Substance Abuse Treatment for State Prisoners, as
authorized by part S of title I of the 1968 Act;
(D) $7,000,000 for a veterans treatment courts
program; and
(E) $14,000,000 for a program to monitor
prescription drugs and scheduled listed chemical
products:
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, $247,000,000, to remain available until expended as follows--
(1) $55,000,000 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) $80,000,000 for youth mentoring grants;
(3) $14,500,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to sections
261 and 262 thereof--
(A) $4,000,000 shall be for gang and youth violence
education, prevention and intervention, and related
activities;
(B) $500,000 shall be for an Internet site
providing information and resources on children of
incarcerated parents;
(C) $2,000,000 shall be for competitive grants
focusing on girls in the juvenile justice system; and
(D) $8,000,000 shall be for community-based
violence prevention initiatives, including for public
health approaches to reducing shootings and violence;
(4) $21,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $72,500,000 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);
(6) $2,000,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act; and
(7) $2,000,000 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 (6) 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''), $221,500,000, 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) $10,000,000 is for anti-methamphetamine-related
activities, which shall be transferred to the Drug Enforcement
Administration upon enactment of this Act;
(2) $194,500,000 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 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 of the amounts appropriated
under this paragraph, $5,000,000 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: Provided further,
That of the amounts appropriated under this paragraph
$35,000,000 is for regional information sharing activities, as
authorized by part M of title I of the 1968 Act, which shall be
transferred to and merged with ``Research, Evaluation, and
Statistics'' for administration by the Office of Justice
Programs: Provided further, That of the amounts appropriated
under this paragraph, $7,500,000 is for activities authorized
by the POLICE Act of 2016 (Public Law 114-199);
(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) $10,000,000 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.
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. 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. 207. (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. 208. 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. 209. 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. 210. None of the funds appropriated by this Act may be used
to plan for, begin, continue, finish, process, or approve 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. 211. 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. 212. 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. 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, up to 7 percent of funds made available
for grant or reimbursement programs--
(1) under the heading ``State and Local Law Enforcement
Assistance'' (except for funds made available under paragraphs
(1), (2), and (16) under such heading); and
(2) under the headings ``Juvenile Justice Programs''
(except for funds made available under paragraph (5) under such
heading) and ``Community Oriented Policing Services Programs'',
to be transferred to and merged with funds made available under
the heading ``State and Local Law Enforcement Assistance'',
shall be available for tribal criminal justice assistance 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 2014 through 2017 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.
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 2017, 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
2017, 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 2017, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
Sec. 218. 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, section 525 of division H of Public Law 114-113, and such
authorities as are enacted for Performance Partnership Pilots in an
appropriations Act for fiscal year 2017.
Sec. 219. In addition to any other transfer authority available to
the Department of Justice, for fiscal years 2017 through 2022,
unobligated balances available 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) may be transferred to the ``Federal Bureau of
Investigation, Construction'' account, to remain available until
expended for the new Federal Bureau of Investigation headquarters in
the National Capital Region: Provided, That the cumulative total
amount of funds transferred from the Working Capital Fund from fiscal
year 2017 through 2022 pursuant to this section shall not exceed
$315,000,000: Provided further, That transfers pursuant to this
section shall not count against any ceiling on the use of unobligated
balances transferred to the capital account of the Working Capital Fund
in this or any other Act in any such fiscal year: Provided further,
That any transfer pursuant to this section 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.
This title may be cited as the ``Department of Justice
Appropriations Act, 2017''.
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, $5,764,900,000, to remain available until
September 30, 2018: 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, $275,000,000 is for an
orbiter and 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
or vehicles for the Jupiter Europa mission, plan for an orbiter launch
no later than 2022 and a lander launch no later than 2024, and include
in the fiscal year 2018 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 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, $660,000,000, to remain available until
September 30, 2018.
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, 2018: Provided, That $130,000,000 shall be for the
RESTORE satellite servicing program for continuation of formulation and
development 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, $4,324,000,000, to remain available until
September 30, 2018: Provided, That not less than $1,350,000,000 shall
be for the Orion Multi-Purpose Crew Vehicle: Provided further, That
not less than $2,150,000,000 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 Exploration Upper
Stage developed simultaneously: Provided further, That of the amounts
provided for SLS, not less than $300,000,000 shall be for Exploration
Upper Stage development: Provided further, That $429,000,000 shall be
for exploration ground systems: Provided further, That the National
Aeronautics and Space Administration (NASA) 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 for an integrated budget that includes the Space Launch System,
the Orion Multi-Purpose Crew Vehicle, and associated ground systems,
that will meet the Exploration Mission 2 (EM-2) management agreement
launch date of no later than 2021 at a success level equal to the
Agency Baseline Commitment for EM-2 of the Orion Multi-Purpose Crew
Vehicle: Provided further, That $395,000,000 shall be for exploration
research and development.
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, $4,950,700,000, to remain available until September 30, 2018.
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,
$100,000,000, to remain available until September 30, 2018, 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 and Fellowship 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, 2018.
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, $360,700,000, to remain available until
September 30, 2022: Provided, That proceeds from leases deposited into
this account shall be available for a period of 5 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 2017 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, $37,900,000, of which
$500,000 shall remain available until September 30, 2018.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall remain
available, without fiscal year limitation, until a 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, except that ``Construction and Environmental
Compliance and Restoration'' may be increased up to 15 percent by 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.
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, 2018, of which not to exceed $544,000,000 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, $209,000,000, 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, 2018.
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
2017 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
$40,700,000 shall remain available until expended.
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, $15,200,000, of which
$400,000 shall remain available until September 30, 2018.
administrative provision
(including transfer of funds)
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 15 percent by any such transfers. Any
transfer pursuant to this paragraph 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,
2017''.
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 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 Nondiscrimination 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, $91,500,000,
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.
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 2016 and 2017, 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
(including transfer of funds)
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, $62,000,000, of which $1,000,000 shall
remain available until expended: Provided, That of the total amount
made available under this heading, up to $15,000,000 may be derived
from the Trade Enforcement Trust Fund established in subsection (a) of
section 611 of the Trade Facilitation and Trade Enforcement Act of 2015
(19 U.S.C. 4405) for activities of the United States Trade
Representative authorized by subsection (d) of such section, including
transfers: Provided further, That any transfer pursuant to paragraph
(1) of such subsection (d) shall be treated as a reprogramming under
section 505 of this Act: Provided further, That of the total amount
made available under this heading, 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 Act of 1984 (42 U.S.C. 10701
et seq.) $5,121,000, of which $500,000 shall remain available until
September 30, 2018: 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.
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
2017, 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.
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 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 $2,573,000,000 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.
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 and the Federal
Bureau of Investigation (FBI) 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 FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
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 moderate-impact
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, the FBI, and
supply chain risk management experts, a mitigation strategy for
any identified risks;
(2) determined, in consultation with NIST and the FBI, 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.
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, 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 of 1978; The Electronic Communications Privacy
Act of 1986; 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 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.
3094) during fiscal year 2017 until the enactment of the Intelligence
Authorization Act for fiscal year 2017.
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, the following
funds are hereby rescinded, not later than September 30, 2017, from the
following accounts in the specified amounts--
(1) ``Economic Development Administration, Economic
Development Assistance Programs'', $10,000,000;
(2) ``National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities'', $18,000,000; and
(3) ``National Oceanic and Atmospheric Administration,
Procurement, Acquisition and Construction'', $5,000,000.
(b) Of the unobligated balances available to the Department of
Justice, the following funds are hereby rescinded, not later than
September 30, 2017, from the following accounts in the specified
amounts--
(1) ``Working Capital Fund'', $300,000,000;
(2) ``United States Marshals Service, Federal Prisoner
Detention'', $24,000,000;
(3) ``Federal Bureau of Investigation, Salaries and
Expenses'', $140,000,000 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'', $10,000,000;
(5) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $50,000,000;
(6) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $15,000,000;
(7) ``Legal Activities, Assets Forfeiture Fund'',
$503,196,000, of which $201,196,000 is permanently rescinded;
(8) ``Drug Enforcement Administration, Salaries and
Expenses'', $12,092,000;
(9) ``Federal Bureau of Investigation, Salaries and
Expenses'', $51,600,000; and
(10) ``Federal Prison System, Buildings and Facilities'',
$3,400,000.
(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, 2017, 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. 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:
(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. 530. (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, after consultation with the
Federal Bureau of Investigation, have 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. 531. 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. 532. (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, adjudication, or other law enforcement- or victim
assistance-related activity.
Sec. 533. 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. 534. 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. 535. 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. 536. 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. 537. None of the funds made available in this Act to the
Department of Justice may be used, with respect to any of the States of
Alabama, Alaska, Arkansas, 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, Ohio, Oklahoma, Oregon, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont,
Virginia, Washington, West Virginia, 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. 538. 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.
Sec. 539. Of the amounts made available by this Act, not less than
10 percent of each total amount provided, respectively, for Public
Works grants authorized by the Public Works and Economic Development
Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties: Provided, That for
purposes of this section, the term ``persistent poverty counties''
means any county that has had 20 percent or more of its population
living in poverty over the past 30 years, as measured by the 1990 and
2000 decennial censuses and the most recent Small Area Income and
Poverty Estimates.
Sec. 540. For an additional amount for ``National Aeronautics and
Space Administration--Construction and Environmental Compliance and
Restoration'', $109,000,000, to remain available until expended, for
repairs at National Aeronautics and Space Administration (NASA) owned
facilities that directly support NASA's mission which were damaged as a
result of recent natural disasters: Provided, 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.
exception to limitation on appointment of certain persons as united
states trade representative
Sec. 541. (a) In General.--The limitation under section 141(b) (4)
of the Trade Act of 1974 (19 U.S.C. 2171(b)(4)) shall not apply to the
first person appointed, by and with the advice and consent of the
Senate, as the United States Trade Representative after the date of the
enactment of this Act, if that person served as a Deputy United States
Trade Representative before the date of the enactment of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1601 et seq.).
(b) Limited Exception.--This section applies only to the first
person appointed as United States Trade Representative after the date
of enactment of this Act, and to no other person.
Sec. 542. For an additional amount for ``Department of Justice,
State and Local Law Enforcement Activities, Office of Justice Programs,
State and Local Law Enforcement Assistance'', $15,000,000 for emergency
law enforcement assistance for events occurring during fiscal years
2016 and 2017, as authorized by section 609M of the Justice Assistance
Act of 1984 (42 U.S.C. 10501; Public Law 98-473).
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2017''.
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2017
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, $40,042,962,000.
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, $27,889,405,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $12,735,182,000.
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, $27,958,795,000.
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, $4,524,863,000.
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, $1,921,045,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$744,795,000.
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, $1,725,526,000.
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,
$7,899,423,000.
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,
$3,283,982,000.
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,
$32,738,173,000: Provided, That not to exceed $12,478,000 can be used
for emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $38,552,017,000: 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,
$5,676,152,000.
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,
$36,247,724,000: 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,
$32,373,949,000: 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 $34,964,000 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
$5,023,000, to remain available until expended, is available only for
expenses relating to certain classified activities, and may be
transferred as necessary by the Secretary of Defense to operation and
maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be available for
the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit cost of
items that may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso: Provided
further, That of the funds provided under this heading, $480,000,000,
to remain available until September 30, 2018, shall be available to
provide support and assistance to foreign security forces or other
groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of Defense
security cooperation programs: 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, $2,743,688,000.
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, $929,656,000.
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, $271,133,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,069,229,000.
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), $6,861,478,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,615,095,000.
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, $14,194,000, 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, $170,167,000, 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, $289,262,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Navy, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $371,521,000, 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, $9,009,000, 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, $222,084,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris at sites formerly used by the Department of
Defense, transfer the funds made available by this appropriation to
other appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and for the
same time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $123,125,000, to remain available until
September 30, 2018.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or by
grants, under programs and activities of the Department of Defense
Cooperative Threat Reduction Program authorized under the Department of
Defense Cooperative Threat Reduction Act, $325,604,000, to remain
available until September 30, 2019.
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, $4,587,598,000, to remain available for obligation until
September 30, 2019.
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, $1,533,804,000, to remain available for obligation until
September 30, 2019.
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,
$2,229,455,000, to remain available for obligation until September 30,
2019.
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, $1,483,566,000, to remain available for
obligation until September 30, 2019.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$6,147,328,000, to remain available for obligation until September 30,
2019.
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, $16,135,335,000, to remain available for obligation
until September 30, 2019.
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, $3,265,285,000, to remain available
for obligation until September 30, 2019.
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, $633,678,000, to remain available for
obligation until September 30, 2019.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Ohio Replacement Submarine (AP), $773,138,000;
Carrier Replacement Program, $1,255,783,000;
Carrier Replacement Program (AP), $1,370,784,000;
Virginia Class Submarine, $3,187,985,000;
Virginia Class Submarine (AP), $1,852,234,000;
CVN Refueling Overhauls, $1,699,120,000;
CVN Refueling Overhauls (AP), $233,149,000;
DDG-1000 Program, $271,756,000;
DDG-51 Destroyer, $3,614,792,000;
Littoral Combat Ship, $1,563,692,000;
LPD-17, $1,786,000,000;
LHA Replacement, $1,617,719,000;
TAO Fleet Oiler (AP), $73,079,000;
Moored Training Ship, $624,527,000;
Ship to Shore Connector, $128,067,000;
Service Craft, $65,192,000;
LCAC Service Life Extension Program, $82,074,000;
YP Craft Maintenance/ROH/SLEP, $21,363,000;
For outfitting, post delivery, conversions, and first
destination transportation, $626,158,000;
Completion of Prior Year Shipbuilding Programs,
$160,274,000; and
Polar Icebreakers (AP), $150,000,000.
In all: $21,156,886,000, to remain available for obligation until
September 30, 2021: Provided, That additional obligations may be
incurred after September 30, 2021, 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: Provided further, That funds
appropriated or otherwise made available by this Act for production of
the common missile compartment of nuclear-powered vessels may be
available for multiyear procurement of critical components to support
continuous production of such compartments only in accordance with the
provisions of subsection (i) of section 2218a of title 10, United
States Code (as added by section 1023 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)).
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, $6,308,919,000, to
remain available for obligation until September 30, 2019.
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, $1,307,456,000, to remain available for obligation
until September 30, 2019.
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, $14,253,623,000, to remain available for
obligation until September 30, 2019.
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, $2,348,121,000, to remain
available for obligation until September 30, 2019.
Space Procurement, Air Force
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,733,243,000, to remain
available for obligation until September 30, 2019.
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, $1,589,219,000, to remain available for
obligation until September 30, 2019.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $17,768,224,000, to remain
available for obligation until September 30, 2019.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $4,881,022,000, to remain available for obligation until
September 30, 2019.
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.
4518, 4531, 4532, and 4533), $64,065,000, to remain available until
expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$8,332,965,000, to remain available for obligation until September 30,
2018.
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,
$17,214,530,000, to remain available for obligation until September 30,
2018: 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,
$27,788,548,000, to remain available for obligation until September 30,
2018.
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, $18,778,550,000, to remain
available for obligation until September 30, 2018: 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.
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, $186,994,000, to remain available for obligation
until September 30, 2018.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,511,613,000.
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,
$33,781,270,000; of which $31,277,002,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2018, and of which up to
$15,315,832,000 may be available for contracts entered into under the
TRICARE program; of which $402,161,000, to remain available for
obligation until September 30, 2019, shall be for procurement; and of
which $2,102,107,000, to remain available for obligation until
September 30, 2018, 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
$1,014,600,000 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, $523,726,000, of which $119,985,000 shall be
for operation and maintenance, of which no less than $49,533,000 shall
be for the Chemical Stockpile Emergency Preparedness Program,
consisting of $20,368,000 for activities on military installations and
$29,165,000, to remain available until September 30, 2018, to assist
State and local governments, and of which not more than $13,700,000, to
remain available until September 30, 2018, shall be for the destruction
of eight United States-origin chemical munitions in the Republic of
Panama, to the extent authorized by law; $15,132,000 shall be for
procurement, to remain available until September 30, 2019, of which
$15,132,000 shall be for the Chemical Stockpile Emergency Preparedness
Program to assist State and local governments; and $388,609,000, to
remain available until September 30, 2018, shall be for research,
development, test and evaluation, of which $380,892,000 shall only be
for the Assembled Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $998,800,000, of which $626,087,000
shall be for counter-narcotics support; $118,713,000 shall be for the
drug demand reduction program; $234,000,000 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, $312,035,000, of which $308,882,000 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 $3,153,000, to remain available until September
30, 2018, shall be for research, development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $515,596,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, he may, with the
approval of the Office of Management and Budget, transfer not to exceed
$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, 2017: 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 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 2017: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement:
Provided, That this subsection shall not apply to transfers from the
following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-wide'';
(5) ``Environmental Restoration, Formerly Used Defense
Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer:
Provided further, That except in amounts equal to the amounts
appropriated to working capital funds in this Act, no obligations may
be made against a working capital fund to procure or increase the value
of war reserve material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 30-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance
procurement activities in the fiscal year covered by the
budget, full funding of procurement of such unit in that fiscal
year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units to
be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows: AH-64E Apache Helicopter and
UH-60M Blackhawk Helicopter.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2017, 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 2018 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2018 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
2018.
(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 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.
Sec. 8014. 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. 8015. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to October 1, 1987: Provided further, That this section applies only
to active components of the Army.
(transfer of funds)
Sec. 8016. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
Sec. 8017. 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. 8018. Of the amounts appropriated for ``Working Capital Fund,
Army'', $140,000,000 shall be available to maintain competitive rates
at the arsenals.
Sec. 8019. 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. 8020. 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. 8021. 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 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. 8022. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8023. 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. 8024. (a) Of the funds made available in this Act, not less
than $40,021,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $28,000,000 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) $10,337,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,684,000 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. 8025. (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 the current fiscal
year may be used by a defense FFRDC, through a fee or other payment
mechanism, for construction of new buildings not located on a military
installation, 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.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2017, 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 2018 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
$60,000,000.
Sec. 8026. 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. 8027. 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. 8028. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8029. (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 2017. 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. 8030. 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. 8031. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
and Washington relocatable military housing units located at Grand
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
Base, Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8032. 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. 8033. 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. 8034. 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. 8035. (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 2018 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2018 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 2018 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. 8036. 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, 2018: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947 (50
U.S.C. 3093) shall remain available until September 30, 2018.
Sec. 8037. Notwithstanding any other provision of law, funds made
available in this Act and hereafter 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. 8038. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', 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. 8039. (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. 8040. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this or any other Act
may be used to consolidate or relocate any element of a United States
Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron
Engineer (RED HORSE) outside of the United States until the Secretary
of the Air Force--
(1) completes an analysis and comparison of the cost and
infrastructure investment required to consolidate or relocate a
RED HORSE squadron outside of the United States versus within
the United States;
(2) provides to the congressional defense committees a
report detailing the findings of the cost analysis; and
(3) certifies in writing to the congressional defense
committees that the preferred site for the consolidation or
relocation yields the greatest savings for the Air Force:
Provided, That the term ``United States'' in this section does not
include any territory or possession of the United States.
Sec. 8041. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and the Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8042. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that
activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or
function under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees
under chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals in
accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an Indian
tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)),
or a Native Hawaiian Organization, as defined in section
8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8043. 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:
``Aircraft Procurement, Army'', 2015/2017, $15,000,000;
``Other Procurement, Army'', 2015/2017, $23,045,000;
``Aircraft Procurement, Navy'', 2015/2017, $88,000,000;
``Weapons Procurement, Navy'', 2015/2017, $11,933,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2015/
2017, $43,600,000;
``Aircraft Procurement, Air Force'', 2015/2017,
$57,000,000;
``Other Procurement, Air Force'', 2015/2017, $25,500,000;
``Aircraft Procurement, Army'', 2016/2018, $34,594,000;
``Procurement of Ammunition, Army'', 2016/2018, $5,000,000;
``Other Procurement, Army'', 2016/2018, $84,100,000;
``Aircraft Procurement, Navy'', 2016/2018, $6,755,000;
``Weapons Procurement, Navy'', 2016/2018, $5,307,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2016/
2018, $6,968,000;
``Shipbuilding and Conversion, Navy'', 2016/2020: DDG-51
Destroyer, $50,000,000;
``Shipbuilding and Conversion, Navy'', 2016/2020: LPD-17,
$14,906,000;
``Shipbuilding and Conversion, Navy'', 2016/2020: LX (R),
(AP), $236,000,000;
``Other Procurement, Navy'', 2016/2018, $56,374,000;
``Aircraft Procurement, Air Force'', 2016/2018,
$383,200,000;
``Missile Procurement, Air Force'', 2016/2018, $34,700,000;
``Space Procurement, Air Force'', 2016/2018, $100,000,000;
``Other Procurement, Air Force'', 2016/2018, $56,369,000;
``Procurement, Defense-Wide'', 2016/2018, $2,600,000;
``Research, Development, Test and Evaluation, Army'', 2016/
2017, $33,402,000;
``Research, Development, Test and Evaluation, Navy'', 2016/
2017, $31,219,000;
``Research, Development, Test and Evaluation, Air Force'',
2016/2017, $532,550,000; and
``Research, Development, Test and Evaluation, Defense-
Wide'', 2016/2017, $64,500,000.
Sec. 8044. 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. 8045. 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. 8046. 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. 8047. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction or counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8048. 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-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 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. 8049. 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. 8050. 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.
Sec. 8051. 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. 8052. 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. 8053. 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. 8054. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8055. 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. 8056. 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. 8057. (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. 8058. 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 until a written modification has been
proposed to the House and Senate Appropriations Committees: Provided
further, That the proposed modification may be implemented 30 days
after the notification unless an objection is received from either the
House or Senate Appropriations Committees: Provided further, That any
proposed modification shall not preclude the ability of the commander
of United States Pacific Command to meet operational requirements.
(including transfer of funds)
Sec. 8059. 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. 8060. 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. 8061. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 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. 8062. 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.
(including transfer of funds)
Sec. 8063. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer
to the John C. Stennis Center for Public Service Development Trust Fund
established under section 116 of the John C. Stennis Center for Public
Service Training and Development Act (2 U.S.C. 1105).
Sec. 8064. 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. 8065. 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. 8066. 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. 8067. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8068. 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.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $75,950,170 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. 8070. (a) None of the funds appropriated in this or any other
Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of
a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in section (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence Program
budget at or below the Expenditure Center level, provided such change
is otherwise in accordance with paragraphs (a)(1)-(3).
(c) The Director of National Intelligence and the Secretary of
Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and develop
detailed proposals for alternative financial management processes. Such
study shall include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will adversely affect
counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help achieve
auditability, improve fiscal reporting, and will not adversely
affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense
and intelligence committees.
Sec. 8071. 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. 8072. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development,
Test and Evaluation, Defense-Wide'', $600,735,000 shall be for the
Israeli Cooperative Programs: Provided, That of this amount,
$62,000,000 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; $266,511,000 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 co-production
activities of SRBMD missiles in the United States and in Israel to meet
Israel's defense requirements consistent with each nation's laws,
regulations, and procedures, of which not more than $90,000,000,
subject to previously established transfer procedures, may be obligated
or expended until establishment of a U.S.-Israeli co-production
agreement for SRBMD; $204,893,000 shall be for an upper-tier component
to the Israeli Missile Defense Architecture, of which $120,000,000
shall be for co-production activities of Arrow 3 Upper Tier missiles in
the United States and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and procedures, of
which not more than $70,000,000 subject to previously established
transfer procedures, may be obligated or expended until establishment
of a U.S.-Israeli co-production agreement for Arrow 3 Upper Tier; and
$67,331,000 shall be for the Arrow System Improvement Program including
development of a long range, ground and airborne, detection suite:
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. 8073. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $160,274,000 shall be
available until September 30, 2017, 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'', 2012/2017: LPD-17 Amphibious Transport Dock Program
$45,060,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2011/2017: DDG-51 Destroyer $15,959,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2017: Littoral Combat Ship $3,600,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2017: Littoral Combat Ship $82,400,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2017: Expeditionary Fast Transport $6,710,000; and
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2017: Expeditionary Fast Transport $6,545,000.
Sec. 8074. 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 2017 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2017.
Sec. 8075. 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. 8076. The budget of the President for fiscal year 2018
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. 8077. 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. 8078. 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 $157,000,000.
Sec. 8079. 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. 8080. 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.
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 $10,120,000 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, 2018.
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 2017: Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 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.
(rescission)
Sec. 8087. 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 Acquisition Workforce
Development Fund: 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:
From ``Department of Defense Acquisition Workforce
Development Fund, Defense'', $531,000,000.
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.
Sec. 8089. Of the amounts appropriated for ``Operation and
Maintenance, Defense-Wide'', $67,500,000, to remain available until
expended, shall be available, notwithstanding any other provision of
law, to the Secretary of Defense acting through the Office of Economic
Adjustment of the Department of Defense to make grants, conclude
cooperative agreements, and supplement other Federal funds to address
the need for assistance to support critical existing and enduring
military installations and missions on Guam, as well as any potential
Department of Defense growth, for purposes of addressing the need for
civilian water and wastewater improvements.
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;
(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.
(including transfer of funds)
Sec. 8093. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
(including transfer of funds)
Sec. 8094. 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. 8095. (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. 8096. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention;
or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
independent contractors that may not be enforced in a court of the
United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor for
the purposes of a particular contract or subcontract if the Secretary
or the Deputy Secretary personally determines that the waiver is
necessary to avoid harm to national security interests of the United
States, and that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered
in lieu of a waiver and the reasons each such alternative would not
avoid harm to national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
(including transfer of funds)
Sec. 8097. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$122,375,000, 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. 8098. None of the funds appropriated or otherwise made
available by this 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.
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.
(including transfer of funds)
Sec. 8100. 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 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, 2017.
Sec. 8101. 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, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8102. (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. 8103. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guantanamo Bay, Cuba, to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity except in accordance with section
1034 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and section 1034 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
Sec. 8104. 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.).
Sec. 8105. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be used by the Secretary of
Defense, or any other official or officer of the Department of Defense,
to enter into a contract, memorandum of understanding, or cooperative
agreement with, or make a grant to, or provide a loan or loan guarantee
to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection
(a) if the Secretary, in consultation with the Secretary of State and
the Director of National Intelligence, determines that it is in the
vital national security interest of the United States to do so, and
certifies in writing to the congressional defense committees that, to
the best of the Secretary's knowledge:
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic;
(2) The armed forces of the Russian Federation have
withdrawn from Crimea, other than armed forces present on
military bases subject to agreements in force between the
Government of the Russian Federation and the Government of
Ukraine; and
(3) Agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government of
Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with respect
to a waiver issued by the Secretary of Defense pursuant to subsection
(b), and not later than 90 days after the date on which such a waiver
is issued by the Secretary of Defense, the Inspector General shall
submit to the congressional defense committees a report containing the
results of the review conducted with respect to such waiver.
Sec. 8106. None of the funds made available 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. 8107. (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;
(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. 8108. 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. 8109. The Secretary of Defense shall post grant awards on a
public Web site in a searchable format.
Sec. 8110. 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.
Sec. 8111. 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.
Sec. 8112. 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. 8113. 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. 8114. 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
later than 72 hours after making such waiver, notifies the
congressional defense committees of such waiver.
Sec. 8115. 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. 8116. 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. 8117. None of the funds provided in this Act for the T-AO(X)
program shall be used to award a new contract that provides for the
acquisition of the following components unless those components are
manufactured in the United States: Auxiliary equipment (including
pumps) for shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes.
Sec. 8118. The amount appropriated in title II of this Act for
``Operation and Maintenance, Army'' is hereby reduced by $336,000,000
to reflect excess cash balances in Department of Defense Working
Capital Funds.
Sec. 8119. 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
$1,155,000,000.
Sec. 8120. 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. 8121. 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. 8122. 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. 8123. 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.
Sec. 8124. Of the amounts appropriated in this Act for ``Operation
and Maintenance, Navy'', $274,524,000, to remain available until
expended, may be used for any purposes related to the National Defense
Reserve Fleet established under section 11 of the Merchant Ship Sales
Act of 1946 (50 U.S.C. 4405): Provided, That such amounts are
available for reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and expenses related
to the National Defense Reserve Fleet.
(including transfer of funds)
Sec. 8125. Of the amounts appropriated in this Act, the Secretary
of Defense may use up to $20,000,000 under the heading ``Operation and
Maintenance, Defense-Wide'', and up to $75,000,000 under the heading
``Research, Development, Test and Evaluation, Defense-Wide'' to
develop, replace, and sustain Federal Government security and
suitability background investigation information technology systems of
the Office of Personnel Management or other Federal agency responsible
for conducting such investigations: Provided, That the Secretary may
reprogram or transfer additional amounts into these headings or into
``Procurement, Defense-Wide'' using established reprogramming
procedures applicable to congressional special interest items:
Provided further, That such funds shall supplement, not supplant any
other amounts made available to other Federal agencies for such
purposes.
Sec. 8126. None of the funds made available by this Act for the
Joint Surveillance Target Attack Radar System recapitalization program
may be obligated or expended for pre-milestone B activities after March
31, 2018.
Sec. 8127. None of the funds made available by this Act may be
used to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
(including transfer of funds)
Sec. 8128. Additional readiness funds made available in title II
of this Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', ``Operation and Maintenance, Marine Corps'', and
``Operation and Maintenance, Air Force'' may be transferred to and
merged with any appropriation of the Department of Defense for
activities related to the Zika virus in order to provide health support
for the full range of military operations and sustain the health of the
members of the Armed Forces, civilian employees of the Department of
Defense, and their families, to include: research and development,
disease surveillance, vaccine development, rapid detection, vector
controls and surveillance, training, and outbreak response: Provided,
That the authority provided in this section is subject to the same
terms and conditions as the authority provided in section 8005 of this
Act.
Sec. 8129. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(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, or for any activity necessary
for the national defense, including intelligence activities.
(rescission)
Sec. 8130. (a) The Ship Modernization, Operations and Sustainment
Fund established by section 8103 of the Department of Defense
Appropriations Act, 2013 (division C of Public Law 113-6; 127 Stat.
321) is hereby terminated, effective as of the date of the enactment of
this Act.
(b) Any unobligated balances in the Ship Modernization, Operations
and Sustainment Fund as of the date of the enactment of this Act are
hereby rescinded.
Sec. 8131. None of the funds made available by this Act may be
used to provide arms, training, or other assistance to the Azov
Battalion.
Sec. 8132. Notwithstanding any other provision of law, any
transfer of funds appropriated or otherwise made available by this Act
to the Global Engagement Center pursuant to section 1287 of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328) shall be made in accordance with section 8005 or 9002 of this
Act, as applicable.
Sec. 8133. No amounts credited or otherwise made available in this
or any other Act to the Department of Defense Acquisition Workforce
Development Fund may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
Sec. 8134. 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.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$1,948,648,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$327,427,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$179,733,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$705,706,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$42,506,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$11,929,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$3,764,000: 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'',
$20,535,000: 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'',
$196,472,000: 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'', $5,288,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$15,693,068,000: 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'',
$7,887,349,000: 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'', $1,607,259,000: 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'', $10,556,598,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $6,476,649,000: Provided, That of the funds provided under
this heading, not to exceed $920,000,000, to remain available until
September 30, 2018, shall be for payments to reimburse key cooperating
nations for logistical, military, and other support, including access,
provided to United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and the Levant:
Provided further, That such reimbursement payments may be made in such
amounts as the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of the Office
of Management and Budget, may determine, based on documentation
determined by the Secretary of Defense to adequately account for the
support provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days following
notification to the appropriate congressional committees: Provided
further, That these funds may be used for the purpose of providing
specialized training and procuring supplies and specialized equipment
and providing such supplies and loaning such equipment on a non-
reimbursable basis to coalition forces supporting United States
military and stability operations in Afghanistan and to counter the
Islamic State of Iraq and the Levant, and 15 days following
notification to the appropriate congressional committees: Provided
further, That these funds may be used to support the Government of
Jordan, 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, 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, not to exceed $750,000,000, to remain available until
September 30, 2018, shall be available to provide support and
assistance to foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis response, or
other Department of Defense security cooperation programs: 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'', $38,679,000: 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'', $26,265,000: 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'', $3,304,000: 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'', $57,586,000: 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'', $127,035,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $20,000,000: 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.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $4,262,715,000, 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 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 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.
Counter-ISIL Train and Equip Fund
For the ``Counter-Islamic State of Iraq and the Levant Train and
Equip Fund'', $980,000,000, to remain available until September 30,
2018: 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 and renovation; and
sustainment, to foreign security forces, irregular forces, groups, or
individuals participating, or preparing to participate in activities to
counter the Islamic State of Iraq and the Levant, and their affiliated
or associated groups: Provided further, That these funds may be used,
in such amounts as the Secretary of Defense may determine, to enhance
the border security of nations adjacent to conflict areas, including
Jordan and Lebanon, resulting from actions of the Islamic State of Iraq
and the Levant: Provided further, That amounts made available under
this heading shall be available to provide assistance only for
activities in a country designated by the Secretary of Defense, in
coordination with the Secretary of State, as having a security mission
to counter the Islamic State of Iraq and the Levant, and following
written notification to the congressional defense committees of such
designation: Provided further, That the Secretary of Defense shall
ensure that prior to providing assistance to elements of any forces or
individuals, such elements or individuals are appropriately vetted,
including at a minimum, assessing such elements for associations with
terrorist groups or groups associated with the Government of Iran; and
receiving commitments from such elements to promote respect for human
rights and the rule of law: Provided further, That the Secretary of
Defense 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 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 entity
may be credited to this Fund, to remain available until expended, and
used for such purposes: 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 that
such provision 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 congressional defense
committees, the Committees on Appropriations and Foreign Relations of
the Senate and the Committees on Appropriations and Foreign Affairs of
the House of Representatives: Provided further, That the United States
may accept equipment procured using funds provided under this heading,
or under the heading, ``Iraq Train and Equip Fund'' in prior Acts, that
was transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to counter the
Islamic State of Iraq and the Levant and returned by such forces or
groups 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 equipment procured using funds
provided under this heading, or under the heading, ``Iraq Train and
Equip Fund'' in prior Acts, and not yet transferred to security forces,
irregular forces, or groups participating, or preparing to participate
in activities to counter the Islamic State of Iraq and the Levant may
be treated as stocks of the Department of Defense when determined by
the Secretary to no longer be required for transfer to such forces or
groups and upon written notification to the congressional defense
committees: Provided further, That the Secretary of Defense shall
provide quarterly reports to the congressional defense committees on
the use of funds provided under this heading, including, but not
limited to, the number of individuals trained, the nature and scope of
support and sustainment provided to each group or individual, the area
of operations for each group, and the contributions of other countries,
groups, or individuals: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$313,171,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$405,317,000, to remain available until September 30, 2019: 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'', $395,944,000, to remain available until
September 30, 2019: 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'',
$290,670,000, to remain available until September 30, 2019: 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'',
$1,343,010,000, to remain available until September 30, 2019:
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'',
$367,930,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$8,600,000, to remain available until September 30, 2019: 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'', $65,380,000, to remain available until September 30,
2019: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$99,786,000, to remain available until September 30, 2019: 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'',
$118,939,000, to remain available until September 30, 2019: 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'',
$927,249,000, to remain available until September 30, 2019: 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'',
$235,095,000, to remain available until September 30, 2019: 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'', $273,345,000, to remain available until September 30, 2019:
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'',
$3,529,456,000, to remain available until September 30, 2019:
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'',
$244,184,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $750,000,000, to remain
available for obligation until September 30, 2019: 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'', $100,522,000, 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.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $78,323,000, 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.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $67,905,000, 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.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $159,919,000, 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.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$140,633,000: 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'',
$331,764,000, which shall be for operation and maintenance: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $215,333,000: 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-Threat Defeat Fund
(including transfer of funds)
For the ``Joint Improvised-Threat Defeat Fund'', $339,472,000, to
remain available until September 30, 2019: 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-Threat 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 5 days prior to making
transfers from this appropriation, notify the congressional defense
committees in writing of the details of any such transfer: Provided
further, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $22,062,000: 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
2017.
(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 $2,500,000,000 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 elements in connection with such project)
executed under this authority shall not exceed $2,000,000: Provided
further, That not later than 45 days after the end of each 6 months of
the fiscal year, the Secretary of Defense shall submit to the
congressional defense committees a report regarding the source of funds
and the allocation and use of funds during that 6-month period that
were made available pursuant to the authority provided in this section
or under any other provision of law for the purposes described herein:
Provided further, That, not later than 30 days after the end of each
fiscal year quarter, the Army shall submit to the congressional defense
committees quarterly commitment, obligation, and expenditure data for
the CERP in Afghanistan: Provided further, That, not less than 15 days
before making funds available pursuant to the authority provided in
this section or under any other provision of law for the purposes
described herein for a project with a total anticipated cost for
completion of $500,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing each of
the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government or
a third-party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 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 allied
forces participating in a combined operation with the armed forces of
the United States and 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):
(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 $60,000,000 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 2017, 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 2017, to existing or new contracts for the sale of
defense articles or defense services consistent with the provisions of
the Arms Export Control Act (22 U.S.C. 2751 et seq.): Provided
further, That, not less than 15 days before making funds available
pursuant to the authority provided in this section, the Secretary of
Defense shall submit to the congressional defense committees a written
notice containing a detailed justification and timeline for the
operations and activities of the Office of Security Cooperation in Iraq
at each site where such operations and activities will be conducted
during fiscal year 2017: 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 $500,000,000 of funds appropriated by this Act
for the Defense Security Cooperation Agency in ``Operation and
Maintenance, Defense-Wide'' 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 ``Counter-ISIL Train and Equip Fund'' may be used to procure or
transfer man-portable air defense systems.
Sec. 9014. For the ``Ukraine Security Assistance Initiative'',
$150,000,000 is hereby appropriated, 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; 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 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 case-by-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 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, 2017.
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.
(rescissions)
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:
``Operation and Maintenance, Defense-Wide, DSCA Coalition
Support Fund'', 2016/2017, $300,000,000;
``Counterterrorism Partnerships Fund'', 2016/2017,
$200,000,000;
``Afghanistan Security Forces Fund'', 2016/2017,
$150,000,000; and
``Other Procurement, Air Force'', 2016/2018, $169,000,000.
(rescission)
Sec. 9022. 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 amounts rescinded pursuant to this section that were previously
designated by the Congress for contingency operations directly related
to the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress) 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:
``Operation and Maintenance, Defense-Wide: Coalition
Support Funds'', XXXX, $11,524,000.
Sec. 9023. (a) The Mine Resistant Ambush Protected Vehicle Fund
provided for by section 123 of Public Law 110-92 (121 Stat. 992) is
hereby terminated, effective as of the date of the enactment of this
Act.
(b) Any unobligated balances in the Mine Resistant Ambush Protected
Vehicle Fund as of the date of the enactment of this Act shall,
notwithstanding any provision of subchapter IV of chapter 15 of title
31, United States Code, or the procedures under such subchapter, be
deposited in the Treasury as miscellaneous receipts.
TITLE X
DEPARTMENT OF DEFENSE--ADDITIONAL APPROPRIATIONS
MILITARY PERSONNEL
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$131,375,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$986,754,000: 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'',
$1,772,631,000: 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'', $255,250,000: 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'', $1,566,272,000: 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'', $650,951,000: 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'', $3,208,000: 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'', $115,099,000: 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'', $87,868,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $23,000,000: 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.
Counter-ISIL Train and Equip Fund
For an additional amount for the ``Counter-Islamic State of Iraq
and the Levant Train and Equip Fund'', $626,400,000, to remain
available until September 30, 2018: Provided, That such amounts shall
not be obligated or expended until 15 days after the President submits
a plan in accordance with section 10005 of this Act: 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.
Counter-ISIL Overseas Contingency Operations Transfer Fund
(including transfer of funds)
In addition to amounts provided elsewhere in this Act, there is
appropriated $1,610,000,000, for the ``Counter-Islamic State of Iraq
and the Levant Overseas Contingency Operations Transfer Fund'', for
expenses directly relating to overseas contingency operations by United
States military forces, to remain available until expended: Provided,
That of the funds made available in this section, the Secretary of
Defense may transfer these funds only to military personnel accounts,
operation and maintenance accounts, procurement accounts, and working
capital fund accounts: Provided further, That such amounts shall not
be transferred until 15 days after the President submits a plan in
accordance with section 10005 of this Act: Provided further, That the
funds transferred shall be merged with and shall be available for the
same purposes and for the same time period, as the appropriation to
which transferred: Provided further, That the Secretary shall notify
the congressional defense committees 15 days prior to such transfer or
any subsequent transfer: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority available to the Department of Defense: Provided further,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$316,784,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$579,754,000, to remain available until September 30, 2019: 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'', $61,218,000, to remain available until
September 30, 2019: 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'',
$447,685,000, to remain available until September 30, 2019: 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'',
$412,109,000, to remain available until September 30, 2019: 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'',
$314,257,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$129,000,000, to remain available until September 30, 2019: 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'', $103,100,000, to remain available until September 30,
2019: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$151,297,000, to remain available until September 30, 2019: 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'',
$212,280,000, to remain available until September 30, 2019: 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'',
$856,820,000, to remain available until September 30, 2019: 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.
Space Procurement, Air Force
For an additional amount for ``Space Procurement, Air Force'',
$19,900,000, to remain available until September 30, 2019: 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'', $70,000,000, to remain available until September 30, 2019:
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'',
$1,335,381,000, to remain available until September 30, 2019:
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'',
$510,635,000, to remain available until September 30, 2019: 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
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $163,134,000, 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.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $248,214,000, 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.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $297,300,000, 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.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $279,185,000, 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.
Operational Test and Evaluation, Defense
For an additional amount for ``Operational Test and Evaluation,
Defense'', $2,725,000, 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.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$285,681,000: 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
Chemical Agents and Munitions Destruction, Defense
For an additional amount for ``Chemical Agents and Munitions
Destruction, Defense'', $127,000,000, to remain available until
September 30, 2018, shall be for research, development, test and
evaluation: 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. 10001. 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
2017: Provided, That except as otherwise explicitly provided for in
this title, such amounts shall be subject to the terms and conditions
set forth in titles VIII and IX of this division.
(including transfer of funds)
Sec. 10002. 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 $250,000,000 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
the Department of Defense Appropriations Act, 2017.
Sec. 10003. Funds appropriated by this title, or made available by
the transfer of funds in this title, 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).
Sec. 10004. In addition to funds made available in section 8124 of
this division, $7,000,000 of the amounts appropriated in this Act for
``Operation and Maintenance, Navy'', may be used for any purposes
related to the National Defense Reserve Fleet established under section
11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405): Provided,
That such amounts are available for reimbursements to the Ready Reserve
Force, Maritime Administration account of the United States Department
of Transportation for programs, projects, activities, and expenses
related to the National Defense Reserve Fleet.
Sec. 10005. (a) Of the amounts appropriated in this title,
$2,476,200,000 shall not be obligated or expended until 15 days after
the President provides the appropriate committees a report on the
United States strategy for the defeat of the Islamic State of Iraq and
al Sham.
(b) Such report, which may include a classified annex, shall
include, at a minimum, the following--
(1) a description of the objectives of the United States to
defeat the Islamic State of Iraq and al Sham, including the
desired end states in Iraq and Syria to achieve such
objectives;
(2) a description of the roles and responsibilities of the
Department of Defense in the strategy, the regions covered by
the strategy, and the specific allies and coalition partners
required to carry out the strategy, including the expected
lines of effort of such coalition;
(3) a description of the roles and responsibilities of the
Department of State in the strategy, the diplomatic and
regional engagement necessary to achieve the objectives of the
strategy, to include plans for stabilizing territory formerly
held by the Islamic State of Iraq and al Sham;
(4) an estimate of the resources required to undertake the
strategy, and a description of the plan for the use of funds
provided in this Act to implement the strategy;
(5) a description of the benchmarks to be used to measure
progress in achieving the objectives of the strategy; and
(6) an assessment of how the actions of the Government of
Syria and other state and non-state actors in the region impact
the ability to achieve the objectives of the strategy.
(c) Not more than 90 days after the initial report, and every 90
days thereafter, the Secretary of Defense and the Secretary of State
shall submit to the appropriate congressional committees an update on
the progress toward the benchmarks established in the initial report,
and if applicable, a description of any changes to the objectives of
the strategy.
(d) For purposes of this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the House
of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Select Committee on Intelligence, and the
Committee on Appropriations of the Senate.
Sec. 10006. (a) Not later than 90 days after the date of enactment
of this Act, the President shall transmit a report to the appropriate
congressional committees describing a strategy for Syria.
(b) Such report, which may include a classified annex, shall
include, at a minimum, the following--
(1) a description of the United States political and
military objectives regarding the Government of Syria;
(2) a description of United States and multilateral efforts
to address the needs of civilians affected by the conflict in
Syria, to include efforts to protect the civilian population
from the use of chemical weapons and the deliberate targeting
of civilians by the Government of Syria;
(3) a description of the efforts of the United States to
engage regional and international partners in support of such
objectives; and
(4) a description of the efforts undertaken by the relevant
agencies to achieve such objectives.
(c) For purposes of this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
Senate.
This division may be cited as the ``Department of Defense
Appropriations Act, 2017''.
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2017
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects, and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $121,000,000, to
remain available until expended: Provided, That the Secretary may
initiate up to, but not more than, six new study starts during fiscal
year 2017: Provided further, That the new study starts will consist of
five studies where the majority of the benefits are derived from
navigation transportation savings or from flood and storm damage
reduction and one study 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 both
Houses of Congress.
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);
$1,876,000,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary to cover
one-half of the costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects shall be derived from the Inland
Waterways Trust Fund, except as otherwise specifically provided for in
law: Provided, That the Secretary may initiate up to, but not more
than, six new construction starts during fiscal year 2017: 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 September 30, 2017: 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 both Houses of Congress an out-year
funding scenario demonstrating the affordability of the selected new
starts and the impacts on other projects: Provided further, That the
Secretary may not deviate from the new starts proposed in the work
plan, once the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
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, $362,000,000, 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, $3,149,000,000, 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, 2018.
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,
$32,000,000, 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, $181,000,000, to remain available until September 30, 2018, 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), $4,764,000, to remain
available until September 30, 2018: Provided, That not more than 75
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 2017, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House and
Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in 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.
(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; and
(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 in this Act shall be used for an open
lake placement alternative for 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 section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341); Provided further, That until an open
lake placement alternative for dredged material is approved under a
State water quality certification, the Corps of Engineers shall
continue upland placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
Sec. 106. 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. 107. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of
July 24, 1946 (60 Stat. 636, ch. 595).
Sec. 108. 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, 2017, 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. 109. 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, $10,500,000, to remain available until expended, of
which $1,300,000 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, 2018, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided further,
That for fiscal year 2017, of the amount made available to the
Commission under this Act or any other Act, the Commission may use an
amount not to exceed $1,500,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $1,155,894,000, to remain available until expended, of
which $22,000 shall be available for transfer to the Upper Colorado
River Basin Fund and $5,551,000 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, $55,606,000, 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, $36,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further,
That CALFED implementation shall be carried out in a balanced manner
with clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2018, $59,000,000, 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 or subsequent
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 2017, 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) $400,000 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.
(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. Section 205(2) of division D of Public Law 114-113 is
amended by striking ``2016'' and inserting ``2017''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
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, $2,090,200,000, to
remain available until expended: Provided, That of such amount,
$153,500,000 shall be available until September 30, 2018, for program
direction.
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, $230,000,000, to
remain available until expended: Provided, That of such amount,
$28,500,000 shall be available until September 30, 2018, 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 and the purchase of no more than three
emergency service vehicles for replacement only, $1,016,616,000, to
remain available until expended: Provided, That of such amount,
$80,000,000 shall be available until September 30, 2018, for program
direction.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out fossil
energy research and development activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for plant
or facility acquisition or expansion, and for conducting inquiries,
technological investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $618,000,000, to remain available until expended: Provided,
That of such amount $60,000,000 shall be available until September 30,
2018, for program direction: Provided further, That in addition,
$50,000,000, to remain available until expended, shall be for the
transformational coal technologies pilot program described in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $14,950,000, 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.), $223,000,000, to remain available until expended:
Provided, That the proceeds from the drawdown and sale under section
159 of the Continuing Appropriations Act, 2017 (division C of Public
Law 114-223), as amended by the Further Continuing and Security
Assistance Appropriations Act, 2017 (Public Law 114-254), which have
been or will be deposited into the ``Energy Security and Infrastructure
Modernization Fund'' during fiscal year 2017 shall be made available
and shall remain available until expended for necessary expenses in
carrying out the Life Extension II project for the Strategic Petroleum
Reserve.
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.), $6,500,000, 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, $247,000,000, to remain available until
expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$768,000,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$30,000,000 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,
$5,392,000,000, to remain available until expended: Provided, That of
such amount, $182,000,000 shall be available until September 30, 2018,
for program direction: Provided further, That of such amount,
$50,000,000 shall be available for the ongoing in-kind contributions
provided by facilities located in the United States to the ITER project
and related support activities carried out by such facilities for the
ITER project and, subject to the notification requirement in section
301(e) of this Act, up to an additional $50,000,000 of such amount may
be made available for in-kind contributions and related support
activities of ITER.
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), $306,000,000, to remain available until expended:
Provided, That of such amount, $29,250,000 shall be available until
September 30, 2018, 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, $37,000,000 is appropriated from fees collected in prior years
pursuant to section 1702(h) of the Energy Policy Act of 2005 which are
not otherwise appropriated, to remain available until September 30,
2018: Provided further, That if the amount in the previous proviso is
not available from such fees, an amount for such purposes is also
appropriated from the general fund so as to result in a total amount
appropriated for such purpose of no more than $37,000,000: Provided
further, That fees collected pursuant to such section 1702(h) for
fiscal year 2017 shall be credited as offsetting collections under this
heading and shall not be available until appropriated: Provided
further, That the Department of Energy shall not subordinate any loan
obligation to other financing in violation of section 1702 of the
Energy Policy Act of 2005 or subordinate any Guaranteed Obligation to
any loan or other debt obligations in violation of section 609.10 of
title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $5,000,000, to remain available until September 30, 2018.
Tribal Energy Loan Guarantee Program
(including rescission of funds)
For the cost of loan guarantees provided under section 2602(c) of
the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), $8,500,000, to
remain available until expended: Provided, That the cost of those loan
guarantees (including the costs of modifying loans, as applicable)
shall be determined in accordance with section 502 of the Congressional
Budget Act of 1974 (2 U.S.C. 661a): Provided further, That, for
necessary administrative expenses to carry out that program, $500,000
is appropriated, to remain available until expended: Provided further,
That, of the subsidy amounts provided by section 1425 of the Department
of Defense and Full-Year Continuing Appropriations Act, 2011 (Public
Law 112-10; 125 Stat. 126), for the cost of loan guarantees for
renewable energy or efficient end-use energy technologies under section
1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513), $9,000,000 is
hereby rescinded.
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.),
$246,000,000, to remain available until September 30, 2018, 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 $103,000,000 in fiscal year
2017 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
2017 appropriation from the general fund estimated at not more than
$143,000,000: Provided further, That the amount made available in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act) for the Office of Indian Energy
Policy and Program shall remain available until September 30, 2022.
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,
$44,424,000, to remain available until September 30, 2018.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
(including rescissions of funds)
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, $9,318,093,000, to
remain available until expended: Provided, That of such amount,
$97,118,000 shall be available until September 30, 2018, for program
direction: Provided further, That of the unobligated balances from
prior year appropriations available under this heading, $8,400,000 is
hereby rescinded: Provided further, That of the unobligated balances
from prior year appropriations available under this heading that were
apportioned in Category C (defined in section 120 of Office of
Management and Budget Circular No. A-11), $64,126,000 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.
Defense Nuclear Nonproliferation
(including rescission of funds)
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, $1,902,000,000, to
remain available until expended: Provided, That of the unobligated
balances from prior year appropriations available under this heading
that were apportioned in Category C (defined in section 120 of Office
of Management and Budget Circular No. A-11), $19,128,000 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.
Naval Reactors
(including transfer and rescission of funds)
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, $1,420,120,000,
to remain available until expended, of which, $75,100,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of the amount
provided under this heading, $44,100,000 shall be available until
September 30, 2018, for program direction: Provided further, That of
the unobligated balances from prior year appropriations available under
this heading that were apportioned in Category C (defined in section
120 of Office of Management and Budget Circular No. A-11), $307,000 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.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $390,000,000, to remain
available until September 30, 2018, including official reception and
representation expenses not to exceed $12,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one fire apparatus pumper truck, one aerial lift truck,
one refuse truck, and one semi-truck for replacement only,
$5,405,000,000, to remain available until expended: Provided, That of
such amount, $290,050,000 shall be available until September 30, 2018,
for program direction: Provided further, That of the amount provided
under this heading, $26,800,000 shall be available for the purpose of a
payment by the Secretary of Energy to the State of New Mexico for road
improvements in accordance with section 15(b) of the Waste Isolation
Pilot Plant Land Withdrawal Act (Public Law 102-579): Provided
further, That the amount made available by the previous proviso shall
be separate from any appropriations of funds for the Waste Isolation
Pilot Plant.
Defense Uranium Enrichment Decontamination and Decommissioning
(including transfer of funds)
For an additional amount for atomic energy defense environmental
cleanup activities for Department of Energy contributions for uranium
enrichment decontamination and decommissioning activities,
$563,000,000, to be deposited into the Defense Environmental Cleanup
account which shall be transferred to the ``Uranium Enrichment
Decontamination and Decommissioning Fund''.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $784,000,000, to remain available until expended: Provided,
That of such amount, $254,230,000 shall be available until September
30, 2018, 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 official
reception and representation expenses in an amount not to exceed
$5,000: Provided, That during fiscal year 2017, 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, $1,000,000, 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 $1,000,000 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 2017 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$60,760,000 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, 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, $45,643,000, 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 $34,586,000 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 2017 appropriation
estimated at not more than $11,057,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $73,000,000 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, $273,144,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $265,742,000 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 $177,563,000 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 2017 appropriation
estimated at not more than $95,581,000, of which $88,179,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $367,009,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $4,070,000, 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 $3,838,000 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
2017 appropriation estimated at not more than $232,000: 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 2017, the
Administrator of the Western Area Power Administration may accept up to
$323,000 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, $346,800,000,
to remain available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $346,800,000 of revenues from
fees and annual charges, and other services and collections in fiscal
year 2017 shall be retained and used for expenses necessary in this
account, and shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2017 so as to result in a
final fiscal year 2017 appropriation from the general fund estimated at
not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer and rescissions of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of both Houses of Congress at least 3 full business days
in advance, none of the funds made available in this title may be used
to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including a
contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A)
or (B).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant allocation or
discretionary grant award totaling less than $1,000,000 provided during
the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'',
enter into a multiyear contract, award a multiyear grant, or enter into
a multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by
law for the programs, projects, and activities specified in the ``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.
(h) 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. 302. 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 2017 until the enactment of the Intelligence
Authorization Act for fiscal year 2017.
Sec. 303. 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 Enterprise Assessments to ensure the
project is in compliance with nuclear safety requirements.
Sec. 304. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost
exceeds $100,000,000, until a separate independent cost estimate has
been developed for the project for that critical decision.
Sec. 305. (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. 306. (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. 307. (a) Of the unobligated balances available from amounts
appropriated in the accounts and from the fiscal years specified in the
``Final Bill'' column in the ``Department of Energy--Sec. 307.'' 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), $94,803,000 is hereby rescinded.
(b) No amounts may be rescinded under subsection (a) 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. 308. (a) From unobligated balances available from amounts
appropriated in prior fiscal years for ``Department of Energy--Energy
Programs--Fossil Energy Research and Development'', $240,000,000 is
hereby rescinded.
(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. 309. Not to exceed $2,000,000, in aggregate, of the amounts
made available by this title may be made available for project
engineering and design of the Consolidated Emergency Operations Center.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, 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,
$152,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $30,872,000, to
remain available until September 30, 2018.
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, $15,000,000, 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: Provided further,
That, notwithstanding any other provision of law regarding payment of a
non-Federal share in connection with a grant-in-aid program, amounts
under this heading shall be available for the payment of such a non-
Federal share for programs undertaken to carry out the purposes of the
Commission.
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, $10,000,000, 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, $905,000,000, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $7,500,000 may be
made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2018,
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
$794,580,000 in fiscal year 2017 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 of the amounts appropriated under this heading, not less
than $5,000,000 shall be for activities related to the development of
regulatory infrastructure for advanced nuclear reactor technologies,
and $5,000,000 of that amount shall not be available from fee revenues,
notwithstanding 42 U.S.C. 2214: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 2017 so as to result in a final fiscal year 2017
appropriation estimated at not more than $110,420,000: Provided
further, That of the amounts appropriated under this heading,
$10,000,000 shall be for university research and development in areas
relevant to the Commission'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,
$12,129,000, to remain available until September 30, 2018: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $10,044,000 in fiscal year 2017
shall be retained and be available until September 30, 2018, 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 2017 so as to result in a final fiscal year
2017 appropriation estimated at not more than $2,085,000: Provided
further, That of the amounts appropriated under this heading, $969,000
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, 2018.
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 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 subsection (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.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the 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).
Sec. 504. (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.
This division may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2017''.
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2017
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 Freedman's Bank
Building; 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, $224,376,000: Provided, That of the amount
appropriated under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(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 $24,000,000 shall remain available until
September 30, 2018, 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;
(D) the development and implementation of programs
within the Office of Critical Infrastructure Protection
and Compliance Policy, including entering into
cooperative agreements; and
(E) international operations.
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, $123,000,000: Provided, That of the amount
appropriated under this heading: (1) up to $28,000,000 may be
transferred to the Departmental Offices Salaries and Expenses
appropriation and shall be available for administrative support to the
Office of Terrorism and Financial Intelligence; and (2) $5,000,000, to
remain available until September 30, 2018.
cybersecurity enhancment account
For salaries and expenses for enhanced cybersecurity for systems
operated by the Department of the Treasury, $47,743,000, to remain
available until September 30, 2019: Provided, That such funds shall
supplement and not supplant any other amounts made available to the
Treasury offices and bureaus for cybersecurity: Provided further, That
the Chief Information Officer of the individual offices and bureaus
shall submit a spend plan for each investment to the Treasury Chief
Information Officer for approval: Provided further, That the submitted
spend plan shall be reviewed and approved by the Treasury Chief
Information Officer prior to the obligation of funds under this
heading: Provided further, That of the total amount made available
under this heading $1,000,000 shall be available for administrative
expenses for the Treasury Chief Information Officer to provide
oversight of the investments made under this heading: Provided
further, That such funds shall supplement and not supplant any other
amounts made available to the Treasury Chief Information Officer.
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, $3,000,000, to
remain available until September 30, 2019: 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,
$37,044,000, 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, 2018, shall 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; $169,634,000, of which $5,000,000 shall remain
available until September 30, 2018; 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), $41,160,000.
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,
$115,003,000, of which not to exceed $34,335,000 shall remain available
until September 30, 2019.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$1,115,000,000 are hereby rescinded not later than September 30, 2017,
of which $314,000,000 are permanently rescinded.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $353,057,000; of which not to exceed $4,210,000, to remain
available until September 30, 2019, is for information systems
modernization initiatives; and of which $5,000 shall be available for
official reception and representation expenses.
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,
$111,439,000; 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: Provided further, That
of the amount appropriated under this heading, $5,000,000, to remain
available until September 30, 2018, shall be for the costs associated
with enforcement of the trade practice provisions of the Federal
Alcohol Administration Act (27 U.S.C. 201 et seq.).
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 2017 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvement 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, $248,000,000. Of the amount
appropriated under this heading--
(1) not less than $161,500,000, 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, 2018, 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 $2,882,500 may be used for the cost of
direct loans, and of which up to $3,000,000, notwithstanding
subsection (d) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d)), may be available to provide financial assistance,
technical assistance, training, and outreach to community
development financial institutions to expand investments that
benefit individuals with disabilities: 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, 2018, for financial assistance, technical
assistance, training and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaska 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 $23,000,000 is available until September
30, 2018, 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, 2018, 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 $26,000,000 is available until September 30,
2017, 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 development of tools to
better assess and inform CDFI investment performance, and up to
$300,000 is for administrative expenses to carry out the direct
loan program; and
(6) during fiscal year 2017, 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 $500,000,000: Provided further, That such section 114A
shall remain in effect until September 30, 2017: Provided
further, That of the funds awarded under this heading, not less
than 10 percent shall be used for awards that support
investments that serve populations living in persistent poverty
counties: Provided further, That for purposes of this section,
the term ``persistent poverty counties'' means any county that
has had 20 percent or more of its population living in poverty
over the past 30 years, as measured by the 1990 and 2000
decennial censuses and the most recent series of 5-year data
available from the American Community Survey from the Census
Bureau.
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
$8,890,000 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, 2018, 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, 2018, 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, 2018; 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, 2019, 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 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 2018, 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, 2019, 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 transfers 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 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, 2018, 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 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 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 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
2017 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2017.
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. 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. 125. 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. 126. During fiscal year 2017--
(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.
Sec. 127. (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).
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2017''.
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, $55,214,000.
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.
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.), $4,201,000.
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, $12,000,000.
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
$12,760,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President: Provided, That in addition, $4,925,000, shall remain
available until September 30, 2018, for additional security
improvements.
Presidential Transition Administrative Support
(including transfer of funds)
For expenses of the Office of Administration to carry out the
Presidential Transition Act of 1963, as amended, and similar expenses,
in addition to amounts otherwise appropriated by law, $7,582,000:
Provided, That such funds may be transferred to other accounts that
provide funding for offices within the Executive Office of the
President and the Office of the Vice President in this Act or any other
Act, to carry out such purposes.
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 than three
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, $19,274,000:
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, $254,000,000,
to remain available until September 30, 2018, 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 year 2015 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, 2016, shall be funded at not less than the fiscal year
2016 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 2017 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), $111,871,000, to remain available until expended, which shall
be available as follows: $97,000,000 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; $2,121,000 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; and an additional $3,000,000, to remain available
until expended, shall be for activities authorized by section 103 of
Public Law 114-198: 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, 2018.
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, $27,000,000, 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.
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 2019, by Federal agency and by
fiscal year, including--
(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 2019 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 2017, any Executive order or
Presidential memorandum issued or revoked 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 2017; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2017.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2017 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, 2017''.
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, $76,668,000, of which $1,500,000 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.
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, $14,868,000, 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, $30,108,000.
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, $18,462,000.
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, and Other Judicial Services
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, $4,996,445,000 (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
$6,510,000, 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 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, $1,044,647,000 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)), $39,929,000, 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), $565,388,000, of which not to exceed $20,000,000 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 as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $87,500,000, 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, $28,335,000; of which $1,800,000 shall
remain available through September 30, 2018, 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, $18,100,000, 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
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 ``25 years and 6 months'' and inserting ``26 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 ``23 years and 6 months'' and
inserting ``24 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 ``14 years'' and
inserting ``15 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``13 years and 6 months''
and inserting ``14 years and 6 months''; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``12 years'' and inserting ``13
years''.
Sec. 307. (a) Section 2(a)(2)(A) of the Temporary Bankruptcy
Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112-
121) is amended by striking ``subparagraphs (B), (C), (D), and (E)''
and inserting ``subparagraphs (B), (C), (D), (E), (F), (G), and (H)''.
(b) Section 2(a)(2) of the Temporary Bankruptcy Judgeships
Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112-121) is
amended by adding at the end the following:
``(F) Eastern district of michigan.--The 1st
vacancy in the office of a bankruptcy judge for the
eastern district of Michigan--
``(i) occurring 6 years or more after the
date of the enactment of this Act, and
``(ii) resulting from the death,
retirement, resignation, or removal of a
bankruptcy judge, shall not be filled.
``(G) District of puerto rico.--The 1st vacancy in
the office of a bankruptcy judge for the district of
Puerto Rico--
``(i) occurring 6 years or more after the
date of the enactment of this Act, and
``(ii) resulting from the death,
retirement, resignation, or removal of a
bankruptcy judge, shall not be filled.
``(H) Eastern district of virginia.--The 1st
vacancy in the office of a bankruptcy judge for the
eastern district of Virginia--
``(i) occurring 6 years or more after the
date of the enactment of this Act, and
``(ii) resulting from the death,
retirement, resignation, or removal of a
bankruptcy judge, shall not be filled.''.
(c) Section 2(a)(2)(C) of the Temporary Bankruptcy Judgeships
Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112-121) is
amended--
(1) by redesignating clauses (i) and (ii) as clauses (ii)
and (iii), respectively;
(2) by inserting before clause (ii), as so redesignated,
the following:
``(i) in the case of the 1st and 2d
vacancies, occurring more than 6 years after
the date of the enactment of this Act,''; and
(3) in clause (ii), as so redesignated, by inserting ``in
the case of the 3d and 4th vacancies,'' before ``occurring more
than 5 years''.
(d) Section 2(a)(2)(D)(i) of the Temporary Bankruptcy Judgeships
Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112-121) is
amended (with regard to the 1st and 2d vacancies in the southern
district of Florida) by striking ``5 years'' and inserting ``6 years''.
This title may be cited as the ``Judiciary Appropriations Act,
2017''.
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 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,
$34,895,000, 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: Provided, That, of the amount
provided under this heading, $19,995,000 shall be used for costs
associated with the Presidential Inauguration.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$274,611,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,359,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the Superior Court
of the District of Columbia, $125,380,000, of which not to exceed
$2,500 is for official reception and representation expenses; for the
District of Columbia Court System, $75,184,000, of which not to exceed
$2,500 is for official reception and representation expenses; and
$59,688,000, to remain available until September 30, 2018, 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 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,
$248,008,000, 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 $182,721,000 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; and
of which $65,287,000 shall be available to the Pretrial Services
Agency, of which up to $1,800,000 shall remain available until
September 30, 2018, for information technology requirements associated
with the establishment of a comprehensive in-house synthetics testing
program: 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 for programmatic incentives for defendants to successfully
complete their terms of supervision.
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, $41,829,000: 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.
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,
$2,000,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30,
2018, to the Commission on Judicial Disabilities and Tenure, $310,000,
and for the Judicial Nomination Commission, $275,000.
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,
$450,000, 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 ``Part A--Summary of Expenses'' and at the rate set forth under
such heading, as included in D.C. Bill 21-668, as amended as of the
date of the 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 2017 under this heading shall not exceed the
estimates included in D.C. Bill 21-668, as amended as of the date of
the 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 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 2017, 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, 2017''.
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, 2018, of which not to exceed
$1,000 is for official reception and representation expenses.
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, 2018, shall be for
the purchase of information technology and of which not less than
$2,700,000 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 and liquidating any lease
obligations that should have been recorded and liquidated against
accounts closed pursuant to 31 U.S.C. 1552, and consistent with the
preceding proviso, such amounts shall be transferred to and recorded in
a new no-year account in the Treasury, which may be established for the
sole purpose of recording adjustments for and liquidating such unpaid
obligations.
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, $126,000,000, of which
$1,300,000 shall remain available until expended to carry out the
program, including administrative costs, required by section 1405 of
the Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110-140;
15 U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2017, 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 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.
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 $1,400,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act
of 2002.
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, $16,866,992 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 $356,710,992 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 2017 so as
to result in a final fiscal year 2017 appropriation estimated at $0:
Provided further, That any offsetting collections received in excess of
$356,710,992 in fiscal year 2017 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, 2016,
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 2017:
Provided further, That, of the amount appropriated under this heading,
not less than $11,751,000 shall be for the salaries and expenses of the
Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ``December 31, 2017'',
each place it appears and inserting ``December 31, 2018''.
Sec. 511. 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,
$35,958,000, to be derived from the Deposit Insurance Fund or, only
when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $79,119,000, of which $8,000,000 shall
remain available until September 30, 2018, 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, $313,000,000, 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 $125,000,000
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 $15,000,000 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: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2017, so as to result in a final fiscal
year 2017 appropriation from the general fund estimated at not more
than $173,000,000: 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 $8,845,147,000, of which--
(1) $205,749,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) National Capital Region, FBI Headquarters
Consolidation, $200,000,000;
(B) Pembina, North Dakota, United States Department
of Agriculture (USDA) Animal and Plant Health
Inspection Service (APHIS), $5,749,000:
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) $676,035,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $289,245,000 is for Major Repairs and
Alterations;
(B) $312,090,000 is for Basic Repairs and
Alterations; and
(C) $74,700,000 is for Special Emphasis Programs,
of which--
(i) $26,700,000 is for Judiciary Capital
Security; and
(ii) $48,000,000 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 $10,000,000 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:
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) $5,628,363,000 for rental of space to remain available
until expended; and
(4) $2,335,000,000 for building operations to remain
available until expended, of which $1,184,240,000 is for
building services, and $1,150,760,000 is for salaries and
expenses: Provided, 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
521 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 2017, 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.
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; $60,000,000, of which
$1,000,000 shall remain available until September 30, 2018.
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; agency-wide
policy direction, management, and communications; the Civilian Board of
Contract Appeals; and services as authorized by 5 U.S.C. 3109;
$58,541,000, of which $25,869,000 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 $9,275,000 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: 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, $3,865,000.
expenses, presidential transition
(including transfer of funds)
For necessary expenses to carry out the Presidential Transition Act
of 1963, as amended, $9,500,000, of which not to exceed $1,000,000 is
for activities authorized by subsections 3(a)(8) and 3(a)(9) of the
Act: Provided, That such amounts may be transferred and credited to
the ``Acquisition Services Fund'' or ``Federal Buildings Fund'' to
reimburse obligations incurred prior to enactment of this Act for the
purposes provided herein related to the Presidential election in 2016:
Provided further, That amounts 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
$100,000,000: Provided further, That appropriations, revenues,
reimbursements, and collections accruing to this Fund during fiscal
year 2017 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 rescission and transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2017 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. 522. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2018
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 Courthouse Project Priorities
plan; and (3) includes a standardized courtroom utilization study of
each facility to be constructed, replaced, or expanded.
Sec. 523. 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. 524. 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. 525. 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. 526. 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. 527. The unobligated balance of the amount provided for the
National Capital Region, Civilian Cyber Campus in subparagraph (D) of
paragraph (1) under the heading ``General Services Administration--
Federal Buildings Fund'' in Public Law 113-235 is hereby rescinded, and
the unobligated balance of the aggregate amounts provided in such
paragraph and in the matter preceding such paragraph are reduced
accordingly.
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, $44,786,000, to remain available until
September 30, 2018, and in addition not to exceed $2,345,000, to remain
available until September 30, 2018, 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.), $1,895,000, 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, $3,249,000, to remain available until expended.
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, $380,634,000.
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, $4,801,000.
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.
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, $6,000,000,
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, 2018, 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 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, $16,090,000.
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 or subsistence allowances to employees
where Voting Rights Act activities require an employee to remain
overnight at his or her post of duty, $119,000,000: Provided, That of
the total amount made available under this heading, not to exceed
$11,000,000 shall remain available until September 30, 2018, for the
operation and strengthening of the security of OPM legacy and Shell
environment IT systems and the modernization, migration, and testing of
such systems: Provided further, That the amount made available by the
previous proviso may not be obligated until the Director of the Office
of Personnel Management submits to the Committees on Appropriations of
the Senate and the House of Representatives a plan for expenditure of
such amount, prepared in consultation with the Director of the Office
of Management and Budget, the Administrator of the United States
Digital Service, and the Secretary of Homeland Security, that--
(1) identifies the full scope and cost of the IT systems
remediation and stabilization project;
(2) meets the capital planning and investment control
review requirements established by the Office of Management and
Budget, including Circular A-11, part 7;
(3) includes a Major IT Business Case under the
requirements established by the Office of Management and Budget
Exhibit 300;
(4) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Government;
(5) complies with all Office of Management and Budget,
Department of Homeland Security and National Institute of
Standards and Technology requirements related to securing the
agency's information system as described in 44 U.S.C. 3554; and
(6) is reviewed and commented upon within 90 days of plan
development by the Inspector General of the Office of Personnel
Management, and such comments are submitted to the Director of
the Office of Personnel Management before the date of such
submission:
Provided further, That, not later than 6 months after the date of
enactment of this Act, the Comptroller General shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a report that--
(A) evaluates--
(i) the steps taken by the Office of Personnel
Management to prevent, mitigate, and respond to data
breaches involving sensitive personnel records and
information;
(ii) the Office's cybersecurity policies and
procedures in place on the date of enactment of this
Act, including policies and procedures relating to IT
best practices such as data encryption, multifactor
authentication, and continuous monitoring;
(iii) the Office's oversight of contractors
providing IT services; and
(iv) the Office's compliance with government-wide
initiatives to improve cybersecurity; and
(B) sets forth improvements that could be made to assist
the Office of Personnel Management in addressing cybersecurity
challenges:
Provided further, That of the total amount made available under this
heading, $391,000 may be made available 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 $140,000,000 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
further, 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 2017, 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.
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, $5,072,000, and in addition, not to exceed $25,112,000
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; $24,750,000.
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), $16,200,000, 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), $10,100,000, to
remain available until September 30, 2018.
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 $14,700,000 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 $72,049,000 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 2017 shall be reduced as such offsetting fees are received so as
to result in a final total fiscal year 2017 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; $22,900,000:
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 Code,
and not to exceed $3,500 for official reception and representation
expenses, $269,500,000, 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 2017: Provided
further, That $6,100,000 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2018:
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, $245,100,000, to remain available until
September 30, 2018: Provided, That $125,000,000 shall be available to
fund grants for performance in fiscal year 2017 or fiscal year 2018 as
authorized by section 21 of the Small Business Act: Provided further,
That $31,000,000 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 22(l) of the Small Business
Act (15 U.S.C. 649(l)).
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.), $9,220,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $4,338,000, 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 fiscal year 2017
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 2017 commitments for general business
loans authorized under section 7(a) of the Small Business Act shall not
exceed $27,500,000,000 for a combination of amortizing term loans and
the aggregated maximum line of credit provided by revolving loans:
Provided further, That during fiscal year 2017 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 2017
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 2017,
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, $152,726,000, 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, $185,977,000, 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 $175,977,000 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 rescission and transfer of funds)
Sec. 530. 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. 531. Of the unobligated balances available for the Certified
Development Company Program under section 503 of the Small Business
Investment Act of 1958, as amended, $55,000,000 are hereby permanently
rescinded: Provided, That no amounts may be so 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.
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, $34,658,000: 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,
$253,600,000, 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, $51,226,000: Provided, 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 2017, 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 $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 2017 from appropriations made available for salaries
and expenses for fiscal year 2017 in this Act, shall remain available
through September 30, 2018, 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.
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.
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, 2016, including accrued
interest, as a result of the assessment of monetary penalties. Funds
available for obligation in fiscal year 2017 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 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. 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. 627. 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. 628. 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. 629. (a) In the case of a television joint sales agreement,
the Federal Communications Commission--
(1) may not require the termination or modification of such
agreement as a condition of the transfer or assignment of a
station license or the transfer of station ownership or
control; and
(2) upon request of the transferee or assignee of the
station license, shall eliminate any such condition that was
imposed after March 31, 2014, and permit the licensees of the
stations whose advertising was jointly sold pursuant to such
agreement to enter into a new joint sales agreement on
substantially similar terms and conditions as the prior
agreement.
(b) In this section, the term ``joint sales agreement'' has the
meaning given such term in Note 2(k) to section 73.3555 of title 47,
Code of Federal Regulations, and where a joint sales agreement is part
of a broader contract, this section shall be limited to the joint sales
agreement portion of such contract.
Sec. 630. (a) Section 1105(a)(35) of title 31, United States Code,
is amended--
(1) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B);
(2) by striking ``homeland security'' in each instance it
appears and inserting ``cybersecurity''; and
(3) by amending subparagraph (B) (as redesignated by
paragraph (1)) to read as follows:
``(B) Prior to implementing this paragraph, including
determining what Federal activities or accounts constitute
cybersecurity for purposes of budgetary classification, the
Office of Management and Budget shall consult with the
Committees on Appropriations and the Committees on the Budget
of the House of Representatives and the Senate, the Committee
on Homeland Security of the House of Representatives, and the
Committee on Homeland Security and Government Affairs of the
Senate.''.
(b) The amendments made by subsection (a) shall apply to budget
submissions under section 1105(a) of title 31, United States Code, for
fiscal year 2018 and each subsequent fiscal year.
Sec. 631. (a) Effective one year after the date of the enactment of
this Act, subtitle B of title IV of Public Law 102-281 is repealed.
(b) On the day before the date of the repeal under subsection (a),
the Secretary of the Treasury shall transfer the amounts in the fund
described in section 408(a) of subtitle A of title IV of such Public
Law into the general fund of the Treasury.
Sec. 632. (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, adjudication activities, or other law enforcement- or
victim assistance-related activity.
Sec. 633. (a) For fiscal years 2016 through 2026, 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
investigations of current, former, and prospective Federal
employees, and of other individuals.
Sec. 634. 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. 635. None of the funds made available by this Act shall be
used by the Securities and Exchange Commission to finalize, issue, or
implement any rule, regulation, or order regarding the disclosure of
political contributions, contributions to tax exempt organizations, or
dues paid to trade associations.
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 2017 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 police-type 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-of-living
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 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. 13693
(March 19, 2015), 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 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--
(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 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 multi-agency 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 2017 shall remain available for obligation
through September 30, 2018: 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.
(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 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 2017, 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 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 2017, 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
2017, 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 2017, 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 2017 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 2017 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, 2016, 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, 2016, 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, 2016.
(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
2017 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, 2016.
Sec. 738. (a) The Vice President may not receive a pay raise in
calendar year 2017, 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
2017, 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 2017, 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
2017 (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
(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 locality-
based 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 2017, 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 higher-level 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 2017 but
ends in calendar year 2018, 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 2017 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 after the end of a quarter, 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 a conference held by any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act during fiscal year 2017 for which the cost to the United States
Government was more than $20,000.
(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 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 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) During fiscal year 2017, 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. 748. (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, 2017 and ending on September 30,
2018.
Sec. 749. 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 2017, 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;
(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, 2017.
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 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) No funds available for obligation or expenditure by the
District of Columbia government under any authority 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. No funds available for obligation or expenditure by the
District of Columbia government under any authority 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 2017 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 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 2017 from appropriations
of Federal funds made available for salaries and expenses for fiscal
year 2017 in this Act, shall remain available through September 30,
2018, 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)(1) During fiscal year 2018, 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 Act referred to in paragraph (2)
(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.
(2) The Act referred to in this paragraph is the Act of the Council
of the District of Columbia pursuant to which a proposed budget is
approved for fiscal year 2018 which (subject to the requirements of the
District of Columbia Home Rule Act) will constitute the local portion
of the annual budget for the District of Columbia government for fiscal
year 2018 for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1-204.46, D.C. Official Code).
(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 2018 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2018.
(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 2018 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 2018 if any other provision of law (other
than an authorization of appropriations)--
(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. 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.
TITLE IX--SOAR REAUTHORIZATION
short title; references in title
Sec. 901. (a) Short Title.--This title may be cited as the
``Scholarships for Opportunity and Results Reauthorization Act'' or the
``SOAR Reauthorization Act''.
(b) References in Act.--Except as otherwise expressly provided,
whenever in this title an amendment 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 that section or other provision of
the Scholarships for Opportunity and Results Act (division C of Public
Law 112-10; sec. 38-1853.01 et seq., D.C. Official Code).
repeal
Sec. 902. Section 817 of the Consolidated Appropriations Act, 2016
(Public Law 114-113) is repealed, and any provision of law amended or
repealed by such section is restored or revived as if such section had
not been enacted into law.
purposes
Sec. 903. Section 3003 (sec. 38-1853.03, D.C. Official Code) is
amended by striking ``particularly parents'' and all that follows
through ``, with'' and inserting ``particularly parents of students who
attend an elementary school or secondary school identified as one of
the lowest-performing schools under the District of Columbia's
accountability system, with''.
prohibiting imposition of limits on types of eligible students
participating in the program
Sec. 904. Section 3004(a) (sec. 38-1853.04(a), D.C. Official Code)
is amended by adding at the end the following:
``(3) Prohibiting imposition of limits on eligible students
participating in the program.--
``(A) In general.--In carrying out the program
under this division, the Secretary may not limit the
number of eligible students receiving scholarships
under section 3007(a), and may not prevent otherwise
eligible students from participating in the program
under this division, based on any of the following:
``(i) The type of school the student
previously attended.
``(ii) Whether or not the student
previously received a scholarship or
participated in the program, including whether
an eligible student was awarded a scholarship
in any previous year but has not used the
scholarship, regardless of the number of years
of nonuse.
``(iii) Whether or not the student was a
member of the control group used by the
Institute of Education Sciences to carry out
previous evaluations of the program under
section 3009.
``(B) Rule of construction.--Nothing in
subparagraph (A) may be construed to waive the
requirement under section 3005(b)(1)(B) that the
eligible entity carrying out the program under this Act
must carry out a random selection process, which gives
weight to the priorities described in section 3006, if
more eligible students seek admission in the program
than the program can accommodate.''.
requiring eligible entities to utilize internal fiscal and quality
controls
Sec. 905. Section 3005(b)(1) (sec. 38-1853.05(b)(1), D.C. Official
Code) is amended--
(1) in subparagraph (I), by striking ``, except that a
participating school may not be required to submit to more than
1 site visit per school year'';
(2) by redesignating subparagraphs (K) and (L) as
subparagraphs (L) and (M), respectively;
(3) by inserting after subparagraph (J) the following:
``(K) how the entity will ensure the financial
viability of participating schools in which 85 percent
or more of the total number of students enrolled at the
school are participating eligible students that receive
and use an opportunity scholarship;'';
(4) in subparagraph (L), as redesignated by paragraph (2),
by striking ``and'' at the end; and
(5) by adding at the end the following:
``(N) how the eligible entity will ensure that it--
``(i) utilizes internal fiscal and quality
controls; and
``(ii) complies with applicable financial
reporting requirements and the requirements of
this division; and''.
clarification of priorities for awarding scholarships to eligible
students
Sec. 906. Section 3006(1) (sec. 38-1853.06(1), D.C. Official Code)
is amended--
(1) in subparagraph (A), by striking ``attended'' and all
that follows through the semicolon and inserting ``attended an
elementary school or secondary school identified as one of the
lowest-performing schools under the District of Columbia's
accountability system; and'';
(2) by striking subparagraph (B);
(3) by redesignating subparagraph (C) as subparagraph (B);
and
(4) in subparagraph (B), as redesignated by paragraph (3),
by striking the semicolon at the end and inserting ``or whether
such students have, in the past, attended a private school;''.
modification of requirements for participating schools and eligible
entities
Sec. 907. (a) Criminal Background Checks; Compliance With
Reporting Requirements.--Section 3007(a)(4) (sec. 38-1853.07(a)(4),
D.C. Official Code) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) by striking subparagraph (F) and inserting the
following:
``(F) ensures that, with respect to core subject
matter, participating students are taught by a teacher
who has a baccalaureate degree or equivalent degree,
whether such degree was awarded in or outside of the
United States;''; and
(3) by adding at the end the following:
``(G) conducts criminal background checks on school
employees who have direct and unsupervised interaction
with students; and
``(H) complies with all requests for data and
information regarding the reporting requirements
described in section 3010.''.
(b) Accreditation.--Section 3007(a) (sec. 38-1853.07(a), D.C.
Official Code), as amended by subsection (a), is further amended--
(1) in paragraph (1), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraphs (2), (3), and (5)''; and
(2) by adding at the end the following:
``(5) Accreditation requirements.--
``(A) In general.--None of the funds provided under
this division for opportunity scholarships may be used
by a participating eligible student to enroll in a
participating private school unless the school--
``(i) in the case of a school that is a
participating school as of the date of
enactment of the SOAR Reauthorization Act--
``(I) is fully accredited by an
accrediting body described in any of
subparagraphs (A) through (G) of
section 2202(16) of the District of
Columbia School Reform Act of 1995
(Public Law 104-134; sec. 38-
1802.02(16)(A)-(G), D.C. Official
Code); or
``(II) if such participating school
does not meet the requirements of
subclause (I)--
``(aa) not later than 1
year after the date of
enactment of the Consolidated
Appropriations Act, 2016
(Public Law 114-113), the
school is pursuing full
accreditation by an accrediting
body described in subclause
(I); and
``(bb) is fully accredited
by such an accrediting body not
later than 5 years after the
date on which that school began
the process of pursuing full
accreditation in accordance
with item (aa); and
``(ii) in the case of a school that is not
a participating school as of the date of
enactment of the SOAR Reauthorization Act, is
fully accredited by an accrediting body
described in clause (i)(I) before becoming a
participating school under this division.
``(B) Reports to eligible entity.--Not later than 5
years after the date of enactment of the SOAR
Reauthorization Act, each participating school shall
submit to the eligible entity a certification that the
school has been fully accredited in accordance with
subparagraph (A).
``(C) Assisting students in enrolling in other
schools.--If a participating school fails to meet the
requirements of this paragraph, the eligible entity
shall assist the parents of the participating eligible
students who attend the school in identifying, applying
to, and enrolling in another participating school under
this division.
``(6) Treatment of students awarded a scholarship in a
previous year.--An eligible entity shall treat a participating
eligible student who was awarded an opportunity scholarship in
any previous year and who has not used the scholarship as a
renewal student and not as a new applicant, without regard as
to--
``(A) whether the eligible student has used the
scholarship; and
``(B) the year in which the scholarship was
previously awarded.''.
(c) Use of Funds for Administrative Expenses and Parental
Assistance.--
(1) In general.--Section 3007 (sec. 38-1853.07, D.C.
Official Code) is amended--
(A) by striking subsections (b) and (c) and
inserting the following:
``(b) Administrative Expenses and Parental Assistance.--The
Secretary shall make $2,000,000 of the amount made available under
section 3014(a)(1) for each fiscal year available to eligible entities
receiving a grant under section 3004(a) to cover the following
expenses:
``(1) The administrative expenses of carrying out its
program under this division during the year, including--
``(A) determining the eligibility of students to
participate;
``(B) selecting the eligible students to receive
scholarships;
``(C) determining the amount of the scholarships
and issuing the scholarships to eligible students;
``(D) compiling and maintaining financial and
programmatic records;
``(E) conducting site visits as described in
section 3005(b)(1)(I); and
``(F)(i) conducting a study, including a survey of
participating parents, on any barriers for
participating eligible students in gaining admission
to, or attending, the participating school that is
their first choice; and
``(ii) not later than the end of the first full
fiscal year after the date of enactment of the SOAR
Reauthorization Act, submitting a report to Congress
that contains the results of such study.
``(2) The expenses of educating parents about the eligible
entity's program under this division, and assisting parents
through the application process under this division,
including--
``(A) providing information about the program and
the participating schools to parents of eligible
students, including information on supplemental
financial aid that may be available at participating
schools;
``(B) providing funds to assist parents of students
in meeting expenses that might otherwise preclude the
participation of eligible students in the program; and
``(C) streamlining the application process for
parents.'';
(B) by redesignating subsection (d) as subsection
(c); and
(C) by redesignating subsection (e), as added by
section 162(b) of the Continuing Appropriations Act,
2017 (division C of Public Law 114-223, as amended by
section 101(3) of the Further Continuing and Security
Assistance Appropriations Act, 2017 (Public Law 114-
254)), as subsection (d).
(2) Conforming amendment.--Section 3007(d) (sec. 38-
1853.07(d), D.C. Official Code), as redesignated by paragraph
(1)(C), is amended by striking ``subsections (b), (c), and
(d)'' each place it appears in paragraphs (2)(B) and (3) and
inserting ``subsections (b) and (c)''.
(d) Clarification of Use of Funds for Student Academic
Assistance.--Section 3007(c) (sec. 38-1853.07(c), D.C. Official Code),
as redesignated by subsection (c)(1)(B), is amended by striking
``previously attended'' and all that follows through the period at the
end and inserting ``previously attended an elementary school or
secondary school identified as one of the lowest-performing schools
under the District of Columbia's accountability system.''.
program evaluation
Sec. 908. (a) Revision of Evaluation Procedures and
Requirements.--
(1) In general.--Section 3009(a) (sec. 38-1853.09(a), D.C.
Official Code) is amended to read as follows:
``(a) In General.--
``(1) Duties of the secretary and the mayor.--The Secretary
and the Mayor of the District of Columbia shall--
``(A) jointly enter into an agreement with the
Institute of Education Sciences of the Department of
Education to evaluate annually the opportunity
scholarship program under this division;
``(B) jointly enter into an agreement to monitor
and evaluate the use of funds authorized and
appropriated for the District of Columbia public
schools and the District of Columbia public charter
schools under this division; and
``(C) make the evaluations described in
subparagraphs (A) and (B) public in accordance with
subsection (c).
``(2) Duties of the secretary.--The Secretary, through a
grant, contract, or cooperative agreement, shall--
``(A) ensure that the evaluation under paragraph
(1)(A)--
``(i) is conducted using an acceptable
quasi-experimental research design for
determining the effectiveness of the
opportunity scholarship program under this
division that does not use a control study
group consisting of students who applied for
but did not receive opportunity scholarships;
and
``(ii) addresses the issues described in
paragraph (4); and
``(B) disseminate information on the impact of the
program--
``(i) on academic achievement and
educational attainment of participating
eligible students who use an opportunity
scholarship; and
``(ii) on students and schools in the
District of Columbia.
``(3) Duties of the institute on education sciences.--The
Institute of Education Sciences of the Department of Education
shall--
``(A) assess participating eligible students who
use an opportunity scholarship in each of grades 3
through 8, as well as one of the grades at the high
school level, by supervising the administration of the
same reading and mathematics assessment used by the
District of Columbia public schools to comply with
section 1111(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b));
``(B) measure the academic achievement of all
participating eligible students who use an opportunity
scholarship in the grades described in subparagraph
(A); and
``(C) work with eligible entities receiving a grant
under this division to ensure that the parents of each
student who is a participating eligible student that
uses an opportunity scholarship agrees to permit their
child to participate in the evaluations and assessments
carried out by the Institute of Education Sciences
under this subsection.
``(4) Issues to be evaluated.--The issues to be evaluated
under paragraph (1)(A) shall include the following:
``(A) A comparison of the academic achievement of
participating eligible students who use an opportunity
scholarship on the measurements described in paragraph
(3)(B) to the academic achievement of a comparison
group of students with similar backgrounds in the
District of Columbia public schools and the District of
Columbia public charter schools.
``(B) The success of the program under this
division in expanding choice options for parents of
participating eligible students and increasing the
satisfaction of such parents and students with their
choice.
``(C) The reasons parents of participating eligible
students choose for their children to participate in
the program, including important characteristics for
selecting schools.
``(D) A comparison of the retention rates, high
school graduation rates, college enrollment rates,
college persistence rates, and college graduation rates
of participating eligible students who use an
opportunity scholarship with the rates of students in
the comparison group described in subparagraph (A).
``(E) A comparison of the college enrollment rates,
college persistence rates, and college graduation rates
of students who participated in the program in 2004,
2005, 2011, 2012, 2013, 2014, and 2015 as the result of
winning the Opportunity Scholarship Program lottery
with such enrollment, persistence, and graduation rates
for students who entered but did not win such lottery
in those years and who, as a result, served as the
control group for previous evaluations of the program
under this division. Nothing in this subparagraph may
be construed to waive section 3004(a)(3)(A)(iii) with
respect to any such student.
``(F) A comparison of the safety of the schools
attended by participating eligible students who use an
opportunity scholarship and the schools in the District
of Columbia attended by students in the comparison
group described in subparagraph (A), based on the
perceptions of the students and parents.
``(G) An assessment of student academic achievement
at participating schools in which 85 percent of the
total number of students enrolled at the school are
participating eligible students who receive and use an
opportunity scholarship.
``(H) Such other issues with respect to
participating eligible students who use an opportunity
scholarship as the Secretary considers appropriate for
inclusion in the evaluation, such as the impact of the
program on public elementary schools and secondary
schools in the District of Columbia.
``(5) Prohibiting disclosure of personal information.--
``(A) In general.--Any disclosure of personally
identifiable information obtained under this division
shall be in compliance with section 444 of the General
Education Provisions Act (commonly known as the `Family
Educational Rights and Privacy Act of 1974') (20 U.S.C.
1232g).
``(B) Students not attending public school.--With
respect to any student who is not attending a public
elementary school or secondary school, personally
identifiable information obtained under this division
shall only be disclosed to--
``(i) individuals carrying out the
evaluation described in paragraph (1)(A) for
such student;
``(ii) the group of individuals providing
information for carrying out the evaluation of
such student; and
``(iii) the parents of such student.''.
(2) Transition of evaluation.--
(A) Termination of previous evaluations.--The
Secretary of Education shall--
(i) terminate the evaluations conducted
under section 3009(a) of the Scholarships for
Opportunity and Results Act (sec. 38-
1853.09(a), D.C. Official Code), as in effect
on the day before the date of enactment of this
title, after obtaining data for the 2017-2018
school year; and
(ii) submit any reports required for the
2017-2018 school year or preceding years with
respect to the evaluations in accordance with
section 3009(b) of such Act.
(B) New evaluations.--
(i) In general.--Effective beginning with
respect to the 2018-2019 school year, the
Secretary shall conduct new evaluations in
accordance with the provisions of section
3009(a) of the Scholarships for Opportunity and
Results Act (sec. 38-1853.09(a), D.C. Official
Code), as amended by this title.
(ii) Most recent evaluation.--As a
component of the new evaluations described in
clause (i), the Secretary shall continue to
monitor and evaluate the students who were
evaluated in the most recent evaluation under
such section prior to the date of enactment of
this title, including by monitoring and
evaluating the test scores and other
information of such students.
(b) Duty of Mayor To Ensure Institute Has All Information Necessary
To Carry Out Evaluations.--Section 3011(a)(1) (sec. 38-1853.11(a)(1),
D.C. Official Code) is amended to read as follows:
``(1) Information necessary to carry out evaluations.--
Ensure that all District of Columbia public schools and
District of Columbia public charter schools make available to
the Institute of Education Sciences of the Department of
Education all of the information the Institute requires to
carry out the assessments and perform the evaluations required
under section 3009(a).''.
funding for district of columbia public schools and public charter
schools
Sec. 909. (a) Mandatory Withholding of Funds for Failure To Comply
With Conditions.--Section 3011(b) (sec. 38-1853.11(b), D.C. Official
Code) is amended to read as follows:
``(b) Enforcement.--If, after reasonable notice and an opportunity
for a hearing, the Secretary determines that the Mayor has failed to
comply with any of the requirements of subsection (a), the Secretary
may withhold from the Mayor, in whole or in part--
``(1) the funds otherwise authorized to be appropriated
under section 3014(a)(2), if the failure to comply relates to
the District of Columbia public schools;
``(2) the funds otherwise authorized to be appropriated
under section 3014(a)(3), if the failure to comply relates to
the District of Columbia public charter schools; or
``(3) the funds otherwise authorized to be appropriated
under both paragraphs (2) and (3) of section 3014(a), if the
failure relates to both the District of Columbia public schools
and the District of Columbia public charter schools.''.
(b) Rules for Use of Funds Provided for Support of Public Charter
Schools.--Section 3011 (sec. 38-1853.11, D.C. Official Code) is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Specific Rules Regarding Funds Provided for Support of Public
Charter Schools.--The following rules shall apply with respect to the
funds provided under this division for the support of District of
Columbia public charter schools:
``(1) The Secretary may direct the funds provided for any
fiscal year, or any portion thereof, to the Office of the State
Superintendent of Education of the District of Columbia.
``(2) The Office of the State Superintendent of Education
of the District of Columbia may transfer the funds to
subgrantees that are--
``(A) specific District of Columbia public charter
schools or networks of such schools; or
``(B) District of Columbia-based nonprofit
organizations with experience in successfully providing
support or assistance to District of Columbia public
charter schools or networks of such schools.
``(3) The funds provided under this division for the
support of District of Columbia public charter schools shall be
available to any District of Columbia public charter school in
good standing with the District of Columbia Charter School
Board, and the Office of the State Superintendent of Education
of the District of Columbia and the District of Columbia
Charter School Board may not restrict the availability of such
funds to certain types of schools on the basis of the school's
location, governing body, or the school's facilities.''.
revision of current memorandum of understanding
Sec. 910. Not later than the beginning of the 2018-2019 school
year, the Secretary of Education and the Mayor of the District of
Columbia shall revise the memorandum of understanding which is in
effect under section 3012(d) of the Scholarships for Opportunity and
Results Act as of the day before the date of the enactment of this
title to address the following:
(1) The amendments made by this title.
(2) The need to ensure that participating schools under the
Scholarships for Opportunity and Results Act meet fire code
standards and maintain certificates of occupancy.
(3) The need to ensure that District of Columbia public
schools and District of Columbia public charter schools meet
the requirements under such Act to comply with all reasonable
requests for information necessary to carry out the evaluations
required under section 3009(a) of such Act.
definitions
Sec. 911. Section 3013 (sec. 38-1853.13, D.C. Official Code) is
amended--
(1) by redesignating paragraphs (1) through (10) as
paragraphs (2) through (11), respectively;
(2) by inserting before paragraph (2), as redesignated by
paragraph (1), the following:
``(1) Core subject matter.--The term `core subject matter'
means--
``(A) mathematics;
``(B) science; and
``(C) English, reading, or language arts.''; and
(3) in paragraph (4)(B), as redesignated by paragraph (1),
by inserting ``household with a'' before ``student''.
extension of authorization of appropriations
Sec. 912. (a) In General.--Section 3014(a) (sec. 38-1853.14, D.C.
Official Code) is amended by striking ``and for each of the 4
succeeding fiscal years'' and inserting ``and for each fiscal year
through fiscal year 2019''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on September 30, 2016.
effective date
Sec. 913. Except as otherwise provided, the amendments made by this
title shall apply with respect to school year 2018-2019 and each
succeeding school year.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2017''.
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2017
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $137,034,000:
Provided, That not to exceed $40,000 shall be for official reception
and representation expenses: Provided further, That of the funds
provided under this heading, $2,000,000 shall be withheld from
obligation until the Secretary complies with section 107 of this Act.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, $597,817,000, of which $194,092,000 shall remain available
until September 30, 2018: Provided, That not to exceed $2,000 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $18,839,000, to remain
available until September 30, 2018.
research and development
For necessary expenses of the Management Directorate for research
and development, $2,500,000, to remain available until September 30,
2018.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Operations Coordination for operations and support,
$263,551,000, of which $106,115,000 shall remain available until
September 30, 2018: Provided, That not to exceed $3,825 shall be for
official reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with secure space
at fusion centers, including improvements to buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General for
operations and support, $175,000,000: Provided, That 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.
Administrative Provisions
Sec. 101. 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 2018 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).
Sec. 102. 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 that
includes total obligations of the Department for that month and for the
fiscal year at the appropriation and program, project, and activity
levels, by the source year of the appropriation.
Sec. 103. (a) Notwithstanding section 518 of Public Law 114-113,
the Secretary of Homeland Security shall submit a report not later than
October 15, 2017, 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 years 2016 and 2017.
(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, 2018.
Sec. 104. 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 shall be
specified in terms of cost, schedule, and performance.
Sec. 105. 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(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 are
notified of the proposed transfers.
Sec. 106. 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 Office of the Secretary.
Sec. 107. (a) 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, a report for fiscal year 2016
on visa overstay data by country as required by section 1376 of title
8, United States Code: Provided, 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.
(b) The Secretary of Homeland Security shall publish on the
Department's Web site the metrics developed to measure the
effectiveness of security between the ports of entry, including the
methodology and data supporting the resulting measures.
Sec. 108. Within 30 days of the date of enactment of this Act, and
monthly thereafter, the Secretary or Chief Financial Officer shall
certify to the Committees on Appropriations of the Senate and the House
of Representatives whether U.S. Immigration and Customs Enforcement is
administering and executing its Enforcement and Removal Operations
activities consistent with available budgetary authority provided by
law: Provided, That such certification shall include both actual and
projected financial obligation data, with the projections informed by
seasonality, planned immigration enforcement operations, all relevant
enforcement data systems, and other information sources as necessary.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
minor aliens; the provision of air and marine support to Federal,
State, and local agencies in the enforcement or administration of laws
enforced by the Department of Homeland Security; at the discretion of
the Secretary of Homeland Security, the provision of such support to
Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts; the purchase and lease of up to 7,500
(6,500 for replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and unmanned
aerial systems; and contracting with individuals for personal services
abroad; $10,900,636,000; 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 $681,441,500 shall be available
until September 30, 2018; and 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:
Provided, That not to exceed $34,425 shall be for official reception
and representation expenses: Provided further, That not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations: Provided further, That 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.
procurement, construction, and improvements
For necessary expenses for U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurements to
buy marine vessels, aircraft, and unmanned aerial systems,
$273,617,000, of which $252,842,000 shall remain available until
September 30, 2019, and of which $20,775,000 shall remain available
until September 30, 2021.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas
vetted units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities, $6,168,532,000; of which
$6,000,000 shall remain available until expended for efforts to enforce
laws against forced child labor; of which 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; of which $18,700,000 shall remain available
until September 30, 2018, for the Visa Security Program and
investigations abroad; of which not less than $3,471,806,000 shall be
for enforcement, detention, and removal operations, including
transportation of unaccompanied minor aliens: Provided, That not to
exceed $11,475 shall be for official reception and representation
expenses: Provided further, That 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):
Provided further, That 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: Provided further,
That 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 further, That of the funds provided under
this heading, $25,000,000 shall be withheld from obligation until the
comprehensive plan for immigration data improvement is submitted as
required in section 212 of this Act.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $29,800,000, to remain
available until September 30, 2019.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $7,105,047,000, to remain
available until September 30, 2018: Provided, That not to exceed
$7,650 shall be for official reception and representation expenses:
Provided further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only for
aviation security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal
year 2017 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $4,975,047,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$206,093,000, to remain available until September 30, 2019.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $5,000,000, to remain
available until September 30, 2018.
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 not 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, lease, or improvement of other equipment (at a
unit cost of not 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; $7,079,628,000; of which
$502,692,000 shall be for defense-related activities, of which
$162,692,000 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 $11,000,000
shall remain available until September 30, 2019, of which $6,000,000 is
solely for grants authorized by the Coast Guard Authorization Act of
2010 (46 U.S.C. 4502(i) and (j)) and $5,000,000 is to meet the
obligations specified in 14 U.S.C. 98(b): Provided, That not to exceed
$23,000 shall be for official reception and representation expenses.
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, $13,315,000, to remain available until
September 30, 2021.
reserve training
For necessary expenses of the Coast Guard Reserve; operations and
maintenance of the Coast Guard Reserve Program; personnel and training
costs; and equipment and services; $112,302,000.
acquisition, construction, and improvements
For necessary expenses of the Coast Guard for acquisition,
construction, renovation, and improvement of aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), vessels, and aircraft, including equipment
related thereto, $1,370,007,000; 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 $1,256,655,000 shall be available until
September 30, 2021, of which $95,000,000 shall be immediately available
and allotted to contract for long lead time materials for the tenth
National Security Cutter notwithstanding the availability of funds for
production or post-production costs.
research, development, test, and evaluation
For necessary expenses of the Coast Guard for research,
development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; $36,319,000, to
remain available until September 30, 2019, 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, and payments for medical care of retired
personnel and their dependents under chapter 55 of title 10, United
States Code, $1,666,940,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, 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; rental of buildings in the District of Columbia, 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; conduct of and participation in firearms
matches; presentation of awards; conduct of behavioral research in
support of protective intelligence and operations; payment in advance
for commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$1,821,451,000; of which $42,966,000 shall remain available until
September 30, 2018, of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children;
and of which not less than $13,869,000 shall be for activities related
to training in electronic crimes investigations and forensics:
Provided, That not to exceed $19,125 shall be for official reception
and representation expenses: Provided further, That not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in counterfeit investigations.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $90,627,000, to remain
available until September 30, 2019.
research and development
For necessary expenses of the United States Secret Service for
research and development, $2,500,000, to remain available until
September 30, 2018.
Administrative Provisions
Sec. 201. (a) For fiscal year 2017, 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 $45,000; 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.
(b) None of the funds made available by this Act for the following
accounts shall be available to compensate any employee for overtime in
an annual amount in excess of $45,000:
(1) ``U.S. Immigration and Customs Enforcement--Operations
and Support'', except that the Secretary of Homeland Security,
or the designee of the Secretary, may waive such amount as
necessary for national security purposes and in cases of
immigration emergencies.
(2) ``United States Secret Service--Operations and
Support'', except that the Secretary of Homeland Security, or
the designee of the Secretary, may waive such amount as
necessary for national security purposes.
Sec. 202. Funding made available under the heading ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico in addition to
funding provided by 48 U.S.C. 740.
Sec. 203. No U.S. Customs and Border Protection 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 2017 without prior notice to the Committees on Appropriations of
the Senate and the House of Representatives.
Sec. 204. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 205. For an additional amount for ``U.S. Customs and Border
Protection--Operations and Support'', $31,000,000, 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, or other such authorizing language: Provided, That to the
extent that amounts realized from such collections exceed $31,000,000,
those amounts in excess of $31,000,000 shall be credited to this
appropriation, to remain available until expended.
Sec. 206. 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. 207. 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) and the disposition of such requests.
Sec. 208. (a) 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) 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. 209. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may reprogram
and transfer funds within and into ``U.S. Immigration and Customs
Enforcement--Operations and Support'' as necessary to ensure the
detention of aliens prioritized for removal.
Sec. 210. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' 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.
Sec. 211. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' 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.
Sec. 212. (a) Not later than 90 days after the date of enactment of
this Act, the Director of U.S. Immigration and Customs Enforcement
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a comprehensive plan for immigration data
improvement.
(b) The plan required in subsection (a) shall include--
(1) an action plan detailing necessary engagement with
Federal partners, major milestones, and an estimated timeline
for each of the major milestones leading to completion of the
plan;
(2) a staffing plan, detailing the positions and titles for
both Federal and contract staff necessary to execute the plan;
and
(3) an estimate of the funding necessary to implement the
plan.
Sec. 213. 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.
Sec. 214. Any award by the Transportation Security Administration
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.
Sec. 215. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2017, 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.
Sec. 216. The reporting requirement in the ninth proviso under the
heading ``Transportation Security Administration--Aviation Security''
in the Department of Homeland Security Appropriations Act, 2016 (Public
Law 114-113), shall apply in fiscal year 2017, except that the
reference to ``this Act'' shall be treated as referring to this Act.
Sec. 217. 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. 218. None of the funds made available by this Act under the
heading ``Coast Guard--Operating Expenses'' 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 the appropriation made available by this Act
under the heading ``Coast Guard--Operating Expenses'': Provided, That
to the extent such 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.
Sec. 219. 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 the Military Pay and
Allowances funding category within ``Coast Guard--Operating Expenses''
in accordance with subsection (a) of section 503.
Sec. 220. 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.
Sec. 221. 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. 222. 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. 223. 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.
Sec. 224. 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 the
heading ``United States Secret Service--Operations and Support'' at the
end of the fiscal year.
Sec. 225. 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, That the Director
of the Secret Service may enter into agreements to provide such
protection on a fully reimbursable basis.
Sec. 226. 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.
Sec. 227. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 228. Funding made available in this Act for ``United States
Secret Service--Operations and Support'' is available for 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 the Director of the United States Secret Service or a designee
notifies the Committees on Appropriations of the Senate and the House
of Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
operations and support
For necessary expenses of the National Protection and Programs
Directorate for operations and support, $1,372,268,000, of which
$117,148,000 shall remain available until September 30, 2018:
Provided, That not to exceed $3,825 shall be for official reception and
representation expenses: Provided further, That of the funds provided
under this heading, $20,000,000 shall be withheld from obligation until
the Secretary of Homeland Security complies with section 301 of this
Act.
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.
procurement, construction, and improvements
For necessary expenses of the National Protection and Programs
Directorate for procurement, construction, and improvements,
$440,035,000, to remain available until September 30, 2018.
research and development
For necessary expenses of the National Protection and Programs
Directorate for research and development, $6,469,000, to remain
available until September 30, 2018.
Office of Health Affairs
operations and support
For necessary expenses of the Office of Health Affairs for
operations and support, $123,548,000, of which $16,161,000 shall remain
available until September 30, 2018: Provided, That of the funds
provided under this heading, $2,000,000 shall be withheld from
obligation for Mission Support until the Chief Medical Officer complies
with section 302 of this Act: Provided further, That the Secretary of
Homeland Security may transfer up to $2,000,000 from the funds provided
under this heading to ``Science and Technology Directorate--Research
and Development'' for the purpose of advancing early detection
capabilities related to a bioterrorism event.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,048,551,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $35,273,000, to remain
available until September 30, 2018.
federal assistance
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $2,983,458,000, which shall be allocated as
follows:
(1) $467,000,000 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 2017, 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) $605,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604), of which $25,000,000 shall be for organizations
(as described under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such
code) determined by the Secretary of Homeland Security to be at
high risk of a terrorist attack.
(3) $100,000,000 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
(6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be
for Amtrak security and $2,000,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
(4) $100,000,000 for Port Security Grants in accordance
with 46 U.S.C. 70107.
(5) $690,000,000, to remain available until September 30,
2018, of which $345,000,000 shall be for Assistance to
Firefighter Grants and $345,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
(6) $350,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), 6 U.S.C. 762,
and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.).
(7) $100,000,000 for the National Predisaster Mitigation
Fund under section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133), to remain
available until expended.
(8) $177,531,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance
Fund, and such additional sums as may be provided by States or
other political subdivisions for cost-shared mapping activities
under 42 U.S.C. 4101(f)(2), to remain available until expended.
(9) $120,000,000 for the emergency food and shelter program
under title III of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11331), to remain available until expended:
Provided, That not to exceed 3.5 percent shall be for total
administrative costs.
(10) $273,927,000 to sustain current operations for
training, exercises, technical assistance, and other programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$7,328,515,000, to remain available until expended, of which
$6,713,000,000 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.) and 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.
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), $181,799,000, to remain available until September 30, 2018,
which 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 $13,436,000 shall be available for mission support
associated with flood management; and of which $168,363,000 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 offsetting collections to this account, to be available for
flood plain management and flood mapping: Provided further, That in
fiscal year 2017, 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) $147,042,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,123,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,061,000, 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).
Administrative Provisions
(including transfer of funds)
Sec. 301. The Secretary of Homeland Security, or the designee of
the Secretary, shall brief the Committees on Appropriations of the
Senate and the House of Representatives on plans to--
(1) implement a facial recognition matching capability for
Automated Biometric Identification System holdings, including
the ability to search, store, and match, that is independent of
other biometric modalities but scalable for future needs;
(2) accelerate the development of multi-modal biometric
capability (Homeland Advanced Recognition Technology Increment
2) to ensure that full multi-modal capability is available for
stakeholders by the end of fiscal year 2018;
(3) establish a new, equitable governance structure in
fiscal year 2017 that ensures stakeholder mission requirements
are prioritized for implementation, to include--
(A) a project plan and capability execution
schedule for each stakeholder mission;
(B) stakeholder management of all requests for
services;
(C) a weighted on-boarding process for new
requirements and priorities; and
(D) an executive stakeholder review process; and
(4) demonstrate new agile projects focused on the ability
to fuse biographic intelligence information with biometric
data.
Sec. 302. The Chief Medical Officer shall submit a report to the
Committees on Appropriations of the Senate and the House of
Representatives that includes--
(1) a comprehensive strategy and project plan to advance
the Nation's early detection capabilities related to a
bioterrorism event;
(2) a description of the responsibilities of the Office of
Health Affairs, Science and Technology Directorate, and other
departmental components as appropriate for implementing such
strategy;
(3) a description of technical and operational programmatic
efficiencies to be gained by replacing or enhancing the current
BioWatch system;
(4) specific timelines and benchmarks for implementation of
a new or enhanced system, including, but not limited to--
(A) a mission needs statement;
(B) operational requirements documents;
(C) key performance parameters;
(D) a test and evaluation master plan; and
(E) an acquisition plan and strategy;
(5) an expenditure plan for fiscal year 2017 activities
that advance the Nation's early detection capabilities related
to a bioterrorism event; and
(6) detailed cost estimates for not less than 5 years for
the development of a new or enhanced BioWatch system.
Sec. 303. 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, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (4) under ``Federal Emergency Management
Agency--Federal Assistance'', may be used by the grantee for expenses
directly related to administration of the grant.
Sec. 304. Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (4), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, 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.
Sec. 305. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(4), 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.
Sec. 306. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) and (2),
the installation of communications towers is not considered
construction of a building or other physical facility.
Sec. 307. Notwithstanding section 509 of this Act, the
Administrator of the Federal Emergency Management Agency may use the
funds provided under the heading ``Federal Emergency Management
Agency--Federal Assistance'' in paragraph (10) to acquire real property
for the purpose of establishing or appropriately extending the security
buffer zones around Federal Emergency Management Agency training
facilities.
Sec. 308. Notwithstanding any other provision of law--
(1) 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--Federal Assistance'' for grants under paragraph (1) in
this Act, or under the heading ``Federal Emergency Management
Agency--State and Local Programs'' in 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; and
(2) grants awarded to States under section 2004 of the
Homeland Security Act of 2002 (6 U.S.C. 605) using funds
provided under the heading ``Federal Emergency Management
Agency--Federal Assistance'' for grants under paragraph (1) in
this Act may be used by recipients or sub-recipients for costs,
or reimbursement of costs, related to public safety in support
of a State declaration of emergency.
Sec. 309. 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 2017 with
respect to budget year 2018 and current fiscal year 2017, respectively,
by substituting ``fiscal year 2018'' for ``fiscal year 2016'' in
paragraph (1).
Sec. 310. The Administrator of the Federal Emergency Management
Agency shall transfer $56,872,752 in unobligated balances made
available for the appropriations account for ``Federal Emergency
Management Agency--Disaster Assistance Direct Loan Program Account'' by
section 4502 of Public Law 110-28 to the appropriations account for
``Federal Emergency Management Agency--Disaster Relief Fund'':
Provided, That amounts transferred to such account under this section
shall be available for any authorized purpose of such account:
Provided further, That amounts transferred pursuant to this section
that were previously designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget are
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 and shall be transferred only if the President
subsequently so designates the entire transfer and transmits such
designation to the Congress.
Sec. 311. Notwithstanding 42 U.S.C. 5170c(b)(2)(B)(ii), the
Administrator of the Federal Emergency Management Agency may allow the
construction of an earthen levee by a State, local, or tribal
government on covered hazard mitigation land: Provided, That such
construction constitutes part of a flood control project, is
constructed of naturally-occurring materials, and conforms to other
criteria as established by the Administrator of the Federal Emergency
Management Agency through policy.
Sec. 312. The aggregate charges assessed during fiscal year 2017,
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 to be
necessary for its Radiological Emergency Preparedness Program for the
next fiscal year: Provided, That the methodology for assessment and
collection of fees shall be fair and equitable and shall reflect costs
of providing such services, including administrative costs of
collecting such fees: Provided further, That such fees shall be
deposited in a Radiological Emergency Preparedness Program account as
offsetting collections and will become available for authorized
purposes on October 1, 2017, and remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support of the E-Verify Program, $103,912,000.
procurement, construction, and improvements
For necessary expenses of U.S. Citizenship and Immigration Services
for procurement, construction, and improvements of the E-Verify
Program, $15,227,000.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $242,518,000, of which up to $50,748,000 shall remain
available until September 30, 2018, and of which $27,553,000 shall
remain available until September 30, 2019: Provided, That not to
exceed $7,180 shall be for official reception and representation
expenses.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate
for operations and support, including the purchase or lease of not to
exceed 5 vehicles, $311,122,000, of which $182,334,000 shall remain
available until September 30, 2018: Provided, That not to exceed
$7,650 shall be for official reception and representation expenses.
research and development
For necessary expenses of the Science and Technology Directorate
for research and development, $470,624,000, to remain available until
September 30, 2019.
Domestic Nuclear Detection Office
operations and support
For necessary expenses of the Domestic Nuclear Detection Office for
operations and support, $50,042,000: Provided, That not to exceed
$2,250 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Domestic Nuclear Detection Office for
procurement, construction, and improvements, $101,053,000, to remain
available until September 30, 2019.
research and development
For necessary expenses of the Domestic Nuclear Detection Office for
research and development, $155,061,000, to remain available until
September 30, 2019.
federal assistance
For necessary expenses of the Domestic Nuclear Detection Office for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $46,328,000, to remain available until September
30, 2019.
Administrative Provisions
Sec. 401. Notwithstanding any other provision of law, funds
otherwise made available to U.S. 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, That
the Director of U.S. 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.
Sec. 402. None of the funds made available in this Act may be used
by U.S. 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
U.S. Citizenship and Immigration Services, and the results do not
preclude the granting of the benefit.
Sec. 403. 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 U.S. 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. 404. (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 U.S. Citizenship and
Immigration Services in fiscal year 2017 for the purpose of providing
an immigrant integration grants program.
(b) None of the funds made available to U.S. Citizenship and
Immigration Services for grants for immigrant integration under
subsection (a) or (c) may be used to provide services to aliens who
have not been lawfully admitted for permanent residence.
(c) The Director of U.S. Citizenship and Immigration Services is
authorized in fiscal year 2017, and in each fiscal year thereafter, to
solicit, accept, administer, and utilize gifts, including donations of
property, for the purpose of providing an immigrant integration grants
program and related activities to promote citizenship and immigrant
integration: Provided, That all sums received under this subsection
shall be deposited in a separate account in the general fund of the
Treasury to be known as the ``Citizenship Gift and Bequest Account'':
Provided further, That all funds deposited into the Citizenship Gift
and Bequest Account shall remain available until expended, and shall be
available in addition to any funds appropriated or otherwise made
available for an immigrant integration grants program or other
activities to promote citizenship and immigrant integration.
(d) Nothing in this section shall be construed to limit the
authority of the Secretary of Homeland Security under section 507 of
the Department of Homeland Security Appropriations Act, 2004 (Public
Law 108-90) or any other law with respect to the solicitation and
acceptance of gifts.
Sec. 405. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 406. The Director of the Federal Law Enforcement Training
Centers shall schedule basic or advanced law enforcement training, or
both, at all four training facilities under the control of the Federal
Law Enforcement Training Centers to ensure that such training
facilities are operated at the highest capacity throughout the fiscal
year.
Sec. 407. 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.
Sec. 408. (a) There is to be established a ``Federal Law
Enforcement Training Centers--Procurement, Construction, and
Improvements'' appropriations account for planning, operational
development, engineering, and purchases prior to sustainment and for
information technology-related procurement, construction, and
improvements, including non-tangible assets of the Federal Law
Enforcement Training Centers.
(b) The Director of the Federal Law Enforcement Training Centers
may accept transfers to the account established by subsection (a) from
Government agencies requesting the construction of special use
facilities, as authorized by the Economy Act (31 U.S.C. 1535(b)):
Provided, That the Federal Law Enforcement Training Centers maintain
administrative control and ownership upon completion of the facility.
Sec. 409. The functions of the Federal Law Enforcement Training
Centers 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).
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 components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2017, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) 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 2017 for the
Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more;
(5) reorganizes components; or
(6) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress,
unless the Committees on Appropriations of the Senate and the House of
Representatives are notified at least 15 days in advance of such
reprogramming.
(b) Up to 5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the Senate
and the House of Representatives are notified at least 30 days in
advance of such transfer, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfer.
(c) Notwithstanding subsections (a) and (b), 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.
(d) The notification thresholds and procedures set forth in
subsections (a), (b), and (c) shall apply to any use of deobligated
balances of funds provided in previous Department of Homeland Security
Appropriations Acts.
(e) Notwithstanding subsection (b), 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. 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 2017: 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 2017 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 2017, as recorded in the financial records at the
time of a reprogramming notification, but not later than June 30, 2018,
from appropriations for ``Operations and Support'' and for ``Coast
Guard--Operating Expenses'', and salaries and expenses for ``Coast
Guard--Acquisition, Construction, and Improvements'' and ``Coast
Guard--Reserve Training'' for fiscal year 2017 in this Act shall remain
available through September 30, 2018, in the account and for the
purposes for which the appropriations were provided: Provided, That
prior to the obligation of such funds, a notification shall be
submitted to the Committees on Appropriations of the Senate and the
House of Representatives 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 2017 until the enactment of an Act authorizing
intelligence activities for fiscal year 2017.
Sec. 507. (a) The Secretary of Homeland Security, or the designee
of the Secretary, shall notify the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days
in advance of--
(1) making or awarding 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) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or award
items under paragraph (1), (2), or (3), including a contract
covered by the Federal Acquisition Regulation.
(b) 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.
(c) 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.
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 Centers 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. Sections 520, 522, and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161;
121 Stat. 2073 and 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to
funds made available in that Act.
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:
Provided, That 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. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated as a
Principal Federal Official, shall apply with respect to funds made
available in this Act in the same manner as such section applied to
funds made available in that Act.
Sec. 514. 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,
2016,'' and inserting ``Until September 30, 2017,''; and
(2) in subsection (c)(1), by striking ``September 30,
2016,'' and inserting ``September 30, 2017,''.
Sec. 515. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 516. 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. 517. 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. 518. 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. 519. 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. 520. 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. 521. In developing any process to screen aviation passengers
and crews for transportation or national security purposes, the
Secretary of Homeland Security shall ensure that all such processes
take into consideration such passengers' and crews' privacy and civil
liberties consistent with applicable laws, regulations, and guidance.
Sec. 522. 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. 523. For an additional amount for ``Management Directorate--
Procurement, Construction, and Improvements'', $13,253,000, 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.
Sec. 524. (a) For an additional amount for financial systems
modernization, $41,215,000, to remain available until September 30,
2018.
(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. 525. (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. 526. 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. 527. None of the funds made available in this Act may be used
to pay for the travel to or attendance of more than 50 employees of a
single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination: Provided, That for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations: Provided further,
That the total cost to the Department of Homeland Security of any such
conference shall not exceed $500,000.
Sec. 528. 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. 529. None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for any
structural pay reform that affects more than 100 full-time 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 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. 530. (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 Committees on
Appropriations of the Senate and the House of Representatives in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the Committees on
Appropriations of the Senate and the House of Representatives for not
less than 45 days except as otherwise specified in law.
Sec. 531. 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. 532. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2018 that assumes
revenues or proposes a reduction from the previous year based on user
fees proposals that have not been enacted into law prior to the
submission of the budget, the Secretary of Homeland Security shall
provide the Committees on Appropriations of the Senate and the House of
Representatives specific reductions in proposed discretionary budget
authority commensurate with the revenues assumed in such proposals in
the event that they are not enacted prior to October 1, 2017.
Sec. 533. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
(rescissions)
Sec. 534. 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) $95,000,000 from Public Law 109-88;
(2) $3,000,000 from unobligated prior year balances from
``Office of the Chief Information Officer'';
(3) $31,293,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Automation
Modernization'';
(4) $21,150,000 from unobligated prior year balances from
``U.S. Customs and Border Protection--Border Security, Fencing,
Infrastructure, and Technology'';
(5) $21,450,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Air and Marine
Operations'';
(6) $20,690,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Construction and
Facilities Management'';
(7) $13,500,000 from Public Law 114-4 under the heading
``U.S. Immigration and Customs Enforcement, Salaries and
Expenses'';
(8) $45,000,000 from Public Law 114-113 under the heading
``U.S. Immigration and Customs Enforcement, Salaries and
Expenses'';
(9) $2,900,000 from unobligated prior year balances from
``U.S. Immigration and Customs Enforcement, Construction'';
(10) $104,650,000 from Public Law 114-113 under the heading
``Transportation Security Administration--Aviation Security'';
(11) $2,582,000 from Public Law 114-113 under the heading
``Transportation Security Administration--Surface
Transportation Security'';
(12) $9,930,000 from Public Law 114-113 under the heading
``Transportation Security Administration--Intelligence and
Vetting'';
(13) $2,518,000 from Public Law 114-113 under the heading
``Transportation Security Administration, Transportation
Security Support'';
(14) $4,200,000 from Public Law 113-6 under the heading
``Coast Guard--Acquisition, Construction, and Improvements'';
(15) $19,300,000 from Public Law 113-76 under the heading
``Coast Guard--Acquisition, Construction, and Improvements'';
(16) $16,500,000 from Public Law 114-4 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(17) $31,000,000 from Public Law 114-113 under the heading
``Coast Guard--Acquisition, Construction, and Improvements'';
(18) $11,071,000 from unobligated prior year balances from
``Federal Emergency Management Agency, State and Local
Programs'' account 70 x 0560;
(19) $977,289 from Public Law 113-76 under the heading
``Science and Technology--Research, Development, Acquisition,
and Operations'';
(20) $5,000,000 from Public Law 114-4 under the heading
``Science and Technology--Research, Development, Acquisition,
and Operations''; and
(21) $1,522,711 from Public Law 114-113 under the heading
``Science and Technology--Research, Development, Acquisition,
and Operations''.
(rescissions)
Sec. 535. 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) $277,827 from ``Customs and Border Protection--Salaries
and Expenses'';
(2) $621,375 from ``Immigrations and Customs Enforcement'';
(3) $84,268 from ``Immigrations and Customs Enforcement--
Violent Crime Fund'';
(4) $499,074 from ``Transportation Security
Administration--Salaries and Expenses'';
(5) $244,764 from ``United States Coast Guard--Acquisition,
Construction and Improvements--IDS Aircraft'';
(6) $98,532 from ``United States Coast Guard--Acquisition,
Construction and Improvements--IDS Vessels''; and
(7) $15,562 from ``Federal Emergency Management
Association--Office of Domestic Preparedness''.
(rescission)
Sec. 536. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the
Department of Homeland Security Appropriations Act, 2016 (Public Law
114-113) are rescinded:
(1) $45,676 from ``Office of the Chief Financial Officer'';
(2) $28,726 from ``Office of the Chief Information
Officer'';
(3) $73,013 from ``Office of the Secretary and Executive
Management'';
(4) $475,792 from ``Analysis and Operations'';
(5) $111,886 from ``Office of the Inspector General'';
(6) $11,536,855 from ``U.S. Customs and Border Protection--
Salaries and Expenses'';
(7) $587,034 from ``U.S. Customs and Border Protection--
Automation Modernization'';
(8) $241,044 from ``U.S. Customs and Border Protection--Air
and Marine Interdiction, Operations, Maintenance, and
Procurement'';
(9) $15,807,298 from ``Coast Guard--Operation Expenses'';
(10) $746,434 from ``Coast Guard--Reserve Training'';
(11) $310,872 from ``Coast Guard--Acquisition, Construction
and Improvements'';
(12) $8,340,572 from ``United States Secret Service--
Salaries and Expenses'';
(13) $332,309 from ``Federal Emergency Management Agency--
State and Local Programs'';
(14) $48,524 from ``Federal Emergency Management Agency--
United States Fire Administration'';
(15) $1,275,569 from ``Federal Emergency Management
Agency--Management and Administration'';
(16) $59,453 from ``Office of Health Affairs'';
(17) $625,696 from ``United States Citizenship and
Immigration Services--Salaries and Expenses'';
(18) $372,881 from ``Federal Law Enforcement Training
Center--Salaries and Expenses'';
(19) $1,094,894 from ``Transportation Security Agency--
Aviation Security''; and
(20) $228,240 from ``Transportation Security Agency--
Transportation Security Support''.
(rescission)
Sec. 537. From the unobligated balances 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), $187,000,000 shall be rescinded.
(rescission)
Sec. 538. Of the unobligated balances made available to ``Federal
Emergency Management Agency--Disaster Relief Fund'', $789,248,000 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. 539. 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, 2017'' for ``September 30,
2015''.
Sec. 540. 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, 2017'' for
``September 30, 2015''.
Sec. 541. 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, 2017'' for ``September 30, 2015''.
Sec. 542. 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,
2017'' for ``September 30, 2015''.
Sec. 543. Notwithstanding the numerical limitation set forth in
section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon the determination that the needs
of American businesses cannot be satisfied in fiscal year 2017 with
United States workers who are willing, qualified, and able to perform
temporary nonagricultural labor, may increase the total number of
aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above
such limitation by not more than the highest number of H-2B
nonimmigrants who participated in the H-2B returning worker program in
any fiscal year in which returning workers were exempt from such
numerical limitation.
Sec. 544. (a) For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $41,000,000, to remain
available until September 30, 2018, exclusively for providing
reimbursement of extraordinary law enforcement personnel costs for
protection activities directly and demonstrably associated with any
residence of the President that is designated or identified to be
secured by the United States Secret Service.
(b) Funds under subsection (a) shall be available only for costs
that a State or local agency--
(1) incurs after January 20, 2017, and before October 1,
2017;
(2) can demonstrate to the Administrator as being--
(A) in excess of the costs of normal and typical
law enforcement operations;
(B) directly attributable to the provision of
protection described herein; and
(C) associated with a non-governmental property
designated or identified to be secured by the United
States Secret Service pursuant to section 3 or section
4 of the Presidential Protection Assistance Act of 1976
(Public Law 94-524); and
(3) certifies to the Administrator as being for protection
activities requested by the Director of the United States
Secret Service.
(c) For purposes of subsection (a), a designation or identification
of a property to be secured under subsection (b)(2)(C) made after
incurring otherwise eligible costs shall apply retroactively to January
20, 2017.
(d) The Administrator may establish written criteria consistent
with subsections (a) and (b).
(e) None of the funds provided shall be for hiring new or
additional personnel.
(f) The Inspector General of the Department of Homeland Security
shall audit reimbursements made under this section.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY--ADDITIONAL APPROPRIATIONS
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For an additional amount for ``Operations and Support'',
$274,813,000, to remain available until September 30, 2018, which shall
be available as follows:
(1) $91,315,000 for border security technology deployment;
(2) $47,500,000 to address facilities maintenance backlogs;
(3) $65,400,000 for improving hiring processes for Border
Patrol Agents, Customs Officers, and Air and Marine personnel,
and for relocation enhancements;
(4) $22,400,000 for border road maintenance; and
(5) $48,198,000 for surge operations.
procurement, construction and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'', $497,400,000, to remain available until September 30,
2021, which shall be available based on the highest priority border
security requirements as follows:
(1) $341,200,000 to replace approximately 40 miles of
existing primary pedestrian and vehicle border fencing along
the southwest border using previously deployed and
operationally effective designs, such as currently deployed
steel bollard designs, that prioritize agent safety; and to add
gates to existing barriers;
(2) $78,800,000 for acquisition and deployment of border
security technology; and
(3) $77,400,000 for new border road construction:
Provided, That the Secretary of Homeland Security shall, not later
than 90 days after the date of enactment of this Act, submit to the
Committees on Appropriations of the Senate and the House of
Representatives a risk-based plan for improving security along the
borders of the United States, including the use of personnel, fencing,
other forms of tactical infrastructure, and technology, that--
(1) defines goals, objectives, activities, and milestones;
(2) includes a detailed implementation schedule with
estimates for the planned obligation of funds for fiscal year
2017 through fiscal year 2021 that are linked to the milestone-
based delivery of specific--
(A) capabilities and services;
(B) mission benefits and outcomes;
(C) program management capabilities; and
(D) lifecycle cost estimates;
(3) describes how specific projects under the plan will
enhance border security goals and objectives and address the
highest priority border security needs;
(4) identifies the planned locations, quantities, and types
of resources, such as fencing, other physical barriers, or
other tactical infrastructure and technology;
(5) includes a description of the methodology and analyses
used to select specific resources for deployment to particular
locations that includes--
(A) analyses of alternatives, including comparative
costs and benefits;
(B) effects on communities and property owners near
areas of infrastructure deployment; and
(C) other factors critical to the decision-making
process;
(6) identifies staffing requirements, including full-time
equivalents, contractors, and detailed personnel, by activity;
(7) identifies performance metrics for assessing and
reporting on the contributions of border security capabilities
realized from current and future investments;
(8) reports on the status of the Department of Homeland
Security's actions to address open recommendations by the
Office of Inspector General and the Government Accountability
Office related to border security, including plans, schedules,
and associated milestones for fully addressing such
recommendations; and
(9) includes certifications by the Under Secretary for
Management, including all documents, memoranda, and a
description of the investment review and information technology
management oversight and processes supporting such
certifications, that--
(A) the program has been reviewed and approved in
accordance with an acquisition review management
process that complies with capital planning and
investment control and review requirements established
by the Office of Management and Budget, including as
provided in Circular A-11, part 7; and
(B) all planned activities comply with Federal
acquisition rules, requirements, guidelines, and
practices.
U.S. Immigration and Customs Enforcement
operations and support
For an additional amount for ``Operations and Support'',
$236,908,000, to remain available until September 30, 2018, of which
$147,870,000 shall be available for custody operations; of which
$57,392,000 shall be available for alternatives to detention; and of
which $31,646,000 shall be available for transportation and removal
operations.
United States Secret Service
operations and support
For an additional amount for ``Operations and Support'',
$58,012,000, to remain available until September 30, 2017.
procurement, construction and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'' for necessary expenses for Presidential security,
$72,988,000, of which $22,988,000 shall remain available until
September 30, 2019, and of which $50,000,000 shall remain available
until September 30, 2021.
ADMINISTRATIVE PROVISIONS--THIS TITLE
Sec. 601. 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 Homeland Security for
fiscal year 2017.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2017''.
DIVISION G--DEPARTMENT OF THE IN-TERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
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)),
$1,095,375,000, 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 2017 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 are hereby authorized for
fiscal year 2017, so as to result in a final appropriation estimated at
not more than $1,095,375,000, 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, $31,416,000, 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;
$106,985,000, 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 Bankhead-Jones 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 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: Provided further, That section 35 of the
Mineral Leasing Act (30 U.S.C. 191) shall be applied for fiscal year
2017 as if the following were inserted after the period in subsection
(d)(4):
``(5) There is appropriated to the Fee Account established
in subsection (c)(3)(B)(ii) of this section, out of any money
in the Treasury not otherwise appropriated, $26,000,000 for
fiscal year 2017, to remain available until expended, for the
processing of applications for permit to drill and related use
authorizations, to be reduced by amounts collected by the
Bureau and transferred to such Fee Account pursuant to
subsection (d)(3)(A)(ii) of this section, so as to result in a
final fiscal year 2017 appropriation from the general fund
estimated at not more than $0. Any offsetting receipts received
in excess of $26,000,000 in fiscal year 2017 that would have
otherwise been transferred to the Fee Account established in
subsection (c)(3)(B)(ii) of this section pursuant to subsection
(d)(3)(A)(ii) of this section shall instead be deposited in the
general fund of the Treasury.''.
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, $1,258,761,000, to remain
available until September 30, 2018: 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, 2015; 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;
$18,615,000, 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, $59,995,000, 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.
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.),
$38,145,000, 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, $62,571,000, to remain available
until expended: Provided, That of the amount provided herein,
$4,209,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $6,362,000 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 $10,571,000 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 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 non-
Federal share of such projects may not be derived from Federal grant
programs: Provided further, That any amount apportioned in 2017 to any
State, territory, or other jurisdiction that remains unobligated as of
September 30, 2018, shall be reapportioned, together with funds
appropriated in 2019, 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, $2,425,018,000, of which $10,032,000 for planning and
interagency coordination in support of Everglades restoration and
$124,461,000 for maintenance, repair, or rehabilitation projects for
constructed assets shall remain available until September 30, 2018:
Provided, That funds appropriated under this heading in this Act are
available for the purposes of section 5 of Public Law 95-348.
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, $62,638,000.
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), $80,910,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2018, of which $5,000,000
shall be for Save America's Treasures grants for preservation of
national significant sites, structures, and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009 (54
U.S.C. 3089): Provided, That an individual Save America's Treasures
grant shall be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant: Provided
further, That all projects to be funded shall be approved by the
Secretary of the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the funds
provided for the Historic Preservation Fund, $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, $13,000,000 is for competitive grants to preserve the
sites and stories of the Civil Rights movement, and $4,000,000 is for
grants to Historically Black Colleges and Universities: Provided
further, 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, and compliance and planning for programs and areas
administered by the National Park Service, $209,353,000, to remain
available until expended: Provided, That, notwithstanding any other
provision of law, for any project initially funded in fiscal year 2017
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 2017 by section
200308 of title 54, United States Code, is rescinded.
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,
$162,029,000, to be derived from the Land and Water Conservation Fund
and to remain available until expended, of which $110,006,000 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, $20,000,000, 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 sub-account
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.
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; $1,085,167,000,
to remain available until September 30, 2018; of which $71,237,189
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.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting 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 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, $169,560,000, of which
$74,616,000, is to remain available until September 30, 2018 and of
which $94,944,000 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
2017 appropriation estimated at not more than $74,616,000: 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
(including rescission of funds)
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, $136,772,000, of which $93,242,000 is to remain
available until September 30, 2018 and of which $43,530,000 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
2017 appropriation estimated at not more than $93,242,000.
For an additional amount, $53,000,000, 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 2017, as provided
in this Act: Provided, That to the extent that amounts realized from
such inspection fees exceed $53,000,000, the amounts realized in excess
of $53,000,000 shall be credited to this appropriation and remain
available until expended: Provided further, That for fiscal year 2017,
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.
Of the unobligated balances available for this account, $25,000,000
are permanently rescinded.
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,
$121,017,000, to remain available until September 30, 2018: 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 2017 appropriation estimated at not more than
$121,017,000.
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, $27,163,000, 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
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $105,000,000, 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 of such additional amount, $75,000,000 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, and $30,000,000 shall be
distributed in equal amounts to the 3 Appalachian States with the
subsequent greatest amount of unfunded needs to meet such priorities:
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.), $2,339,346,000, to remain available until
September 30, 2018, 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 $74,773,000 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 $652,362,000 for school
operations costs of Bureau-funded schools and other education programs
shall become available on July 1, 2017, and shall remain available
until September 30, 2018: Provided further, That not to exceed
$49,122,000 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 $80,165,000 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, 2017: Provided further, That any forestry funds allocated to a
federally recognized tribe which remain unobligated as of September 30,
2018, may be transferred during fiscal year 2019 to an Indian forest
land assistance account established for the benefit of the holder 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, 2019: 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 2017, such sums as may be necessary, which shall be available for
obligation through September 30, 2018: Provided, 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, $192,017,000, 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 2017, 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 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, 111-291, and 114-322, and
for implementation of other land and water rights settlements,
$45,045,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $8,757,000, of
which $1,182,000 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 $120,050,595.
administrative provisions
(including rescission of funds)
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 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, 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.
Of the prior year unobligated balances available for the
``Operation of Indian Programs'' account, $3,400,000 are permanently
rescinded.
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, $271,074,000, to remain available
until September 30, 2018; 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 $11,000,000 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 2017, up to $400,000 of the payments authorized by
chapter 69 of title 31, United States Code, may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That no payment shall be made pursuant to that chapter 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 that chapter 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 in the event the
sums appropriated for any fiscal year for payments pursuant to that
chapter are less than the full payments to all units of local
government, then the payment to each local government shall be made
proportionally.
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, $91,925,000, of
which: (1) $82,477,000 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, 2018, 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 non-Federal 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.
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 expenses of the Office of the Solicitor, $65,769,000.
Office of Inspector 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 $18,688,000 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 2017, as authorized by the Indian Self-Determination Act of
1975 (25 U.S.C. 450 et seq.), 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: Provided further, That
notwithstanding section 102 of the American Indian Trust Fund
Management Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust accounts of
individuals whose whereabouts are unknown for a continuous period of at
least five years and shall not be required to generate periodic
statements of performance for the individual accounts: Provided
further, That with respect to the eighth proviso, the Secretary shall
continue to maintain sufficient records to determine the balance of the
individual accounts, including any accrued interest and income, and
such funds shall remain available to the individual account holders.
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, fuels
management activities, and rural fire assistance by the Department of
the Interior, $942,671,000, to remain available until expended, of
which not to exceed $8,427,000 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 $180,000,000 is for
hazardous fuels management activities: Provided further, That of the
funds provided $20,470,000 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 fuels management and
resilient landscapes activities, and for training and monitoring
associated with such 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 Contracting Act, the
Secretary, for purposes of 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 transfers 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, $65,000,000, 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): 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.
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 54
U.S.C. 100721 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, cybersecurity, 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.
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.
payments in lieu of taxes
For necessary expenses for payments authorized by chapter 69 of
title 31, United States Code, $465,000,000 shall be available for
fiscal year 2017.
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 burned-over 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 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
2017. 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 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 2017, 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 2017 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 2017. Fees for fiscal year 2017 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 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 2018,'' in
the first sentence and inserting ``through 2020,''.
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).
contracts and agreements with indian affairs
Sec. 113. Notwithstanding any other provision of law, during
fiscal year 2017, 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.
sage-grouse
Sec. 114. 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.
blue ridge national heritage area and erie canalway national heritage
corridor
Sec. 115. (a) Section 140(i)(1) of Title I of Public Law 108-108,
as amended (54 U.S.C. 320101 note), is further amended by striking
``$10,000,000'' and inserting ``$12,000,000''; and
(b) Section 810(a)(1) of Title VIII of Division B of Appendix D of
Public Law 106-554, as amended (54 U.S.C. 320101 note), is further
amended by striking ``$10,000,000'' and inserting ``$12,000,000''.
humane transfer of excess animals
Sec. 116. Notwithstanding any other provision of law, the
Secretary of the Interior may transfer excess wild horses or burros
that have been removed from the public lands to other Federal, State,
and local government agencies for use as work animals: Provided, That
the Secretary may make any such transfer immediately upon request of
such Federal, State, or local government agency: Provided further,
That any excess animal transferred under this provision shall lose its
status as a wild free-roaming horse or burro as defined in the Wild
Free-Roaming Horses and Burros Act: Provided further, That any
Federal, State, or local government agency receiving excess wild horses
or burros as authorized in this section shall not: destroy the horses
or burros in a way that results in their destruction into commercial
products; sell or otherwise transfer the horses or burros in a way that
results in their destruction for processing into commercial products;
or euthanize the horses or burros except upon the recommendation of a
licensed veterinarian, in cases of severe injury, illness, or advanced
age.
republic of palau
Sec. 117. (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 2017 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 2017 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.
department of the interior experienced services program
Sec. 118. (a) Notwithstanding any other provision of law relating
to Federal grants and cooperative agreements, the Secretary of the
Interior is authorized to make grants to, or enter into cooperative
agreements with, private nonprofit organizations designated by the
Secretary of Labor under title V of the Older Americans Act of 1965 to
utilize the talents of older Americans in programs authorized by other
provisions of law administered by the Secretary and consistent with
such provisions of law.
(b) Prior to awarding any grant or agreement under subsection (a),
the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within the
Department; or
(3) affect existing contracts for services.
natchez national historical park
Sec. 119. The Secretary of the Interior is authorized to acquire
by donation or purchase from willing sellers, any lands at the site of
the historic Forks of the Road Slave Market, as generally depicted on
the map entitled ``Natchez National Historical Park--Proposed Boundary
Addition'', numbered 339/116045, and dated April 2016. Upon acquisition
of any land or interests in land, the Secretary shall revise the
boundary of Natchez National Historical Park to reflect the acquisition
and the land shall be managed in accordance with the laws and
regulations applicable to the park: Provided, That section 7 of Public
Law 100-479 is amended by inserting ``land acquisition and development
as authorized in'' after ``carry out''.
special resource study to preserve civil rights sites
Sec. 120. (a) Study.--The Secretary of the Interior (referred to in
this section as the ``Secretary'') shall conduct a special resource
study of significant civil rights sites in the State of Mississippi,
including--
(1) the home of the late civil rights activist Medgar
Evers, located at 2332 Margaret Walker Alexander Drive,
Jackson, Mississippi;
(2) the Tallahatchie County Courthouse, located at 100
North Court Street, Sumner, Mississippi;
(3) the site of Bryant's Store, located at the intersection
of County Road 518 and County Road 24, Money, Mississippi;
(4) the site of the former office of Dr. Gilbert Mason,
Sr., located at 670 Division Street, Biloxi, Mississippi; and
(5) the Old Neshoba County Jail, located at 422 Myrtle
Avenue, East, Philadelphia, Mississippi.
(b) Contents.--In conducting the study under subsection (a), the
Secretary shall--
(1) evaluate the national significance of each site;
(2) determine the suitability and feasibility of
designating each site as a unit of the National Park System;
(3)(A) take into consideration other alternatives for
preservation, protection, and interpretation of each site by--
(i) Federal, State, or local governmental entities;
or
(ii) private or nonprofit organizations; and
(B) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives; and
(4) consult with interested Federal, State, and local
governmental entities, private and nonprofit organizations, and
other individuals.
(c) Applicable Law.--The study under subsection (a) shall be
conducted in accordance with section 100507 of title 54, United States
Code.
(d) Study Results.--Not later than 3 years after the date on which
funds are initially made available for the study under subsection (a),
the Secretary shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes--
(1) the results of the study; and
(2) any relevant conclusions and recommendations of the
Secretary.
continuous operations
Sec. 121. Not later than 30 days after the date of enactment of
this Act, the Secretary of the Interior shall amend the regulations
issued under section 250.180 of title 30, Code of Federal Regulations--
(1) by striking each reference to ``180 days'' and
inserting ``year'';
(2) by striking each reference to ``180th day'' and
inserting ``year''; and
(3) by striking each reference to ``180-day period'' and
inserting ``1-year period''.
bureau of land management foundation
Sec. 122. (a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors
of the Foundation established under subsection (c).
(2) Foundation.--The term ``Foundation'' means the Bureau
of Land Management Foundation established by subsection
(b)(1)(A).
(3) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Wild free-roaming horses and burros.--The term ``wild
free-roaming horses and burros'' has the meaning given the term
in section 2 of Public Law 92-195 (commonly known as the ``Wild
Free-Roaming Horses And Burros Act'') (16 U.S.C. 1332).
(b) Establishment and Purposes.--
(1) Establishment.--
(A) In general.--There is established a foundation,
to be known as the ``Bureau of Land Management
Foundation''.
(B) Limitation.--The Foundation shall not be
considered to be an agency or establishment of the
United States.
(C) Tax exemption.--The Foundation shall be
considered to be a charitable and nonprofit corporation
under section 501(c)(3) of the Internal Revenue Code of
1986.
(2) Purposes.--The purposes of the Foundation are--
(A) to encourage, accept, and administer private
gifts of money and real and personal property for the
benefit of, or in connection with the activities and
services of, the Bureau of Land Management;
(B) to carry out activities that advance the
purposes for which public land is administered;
(C) to carry out and encourage educational,
technical, scientific, and other assistance or
activities that support the mission of the Bureau of
Land Management; and
(D) to assist the Bureau of Land Management with
challenges that could be better addressed with the
support of a foundation, including--
(i) reclamation and conservation
activities;
(ii) activities relating to wild free-
roaming horses and burros; and
(iii) the stewardship of cultural and
archeological treasures on public land.
(c) Board of Directors.--
(1) Establishment.--
(A) In general.--The Foundation shall be governed
by a Board of Directors.
(B) Composition.--
(i) In general.--The Board shall consist of
not more than 9 members.
(ii) Ex-officio member.--The Director of
the Bureau of Land Management shall be an ex-
officio, nonvoting member of the Board.
(C) Requirements.--
(i) Citizenship.--A member appointed to the
Board shall be a citizen of the United States.
(ii) Expertise.--A majority of members
appointed to the Board shall have education or
experience relating to natural, cultural,
conservation, or other resource management,
law, or research.
(iii) Diverse points of view.--To the
maximum extent practicable, the members of the
Board shall represent diverse points of view.
(2) Date of initial appointment.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
appoint the initial members of the Board.
(3) Terms.--
(A) In general.--Except as provided in subparagraph
(B), a member of the Board shall be appointed for a
term of 6 years.
(B) Initial appointments.--The Secretary shall
stagger the initial appointments to the Board, as the
Secretary determines to be appropriate, in a manner
that ensures that--
(i) 1/3 of the members shall serve for a
term of 2 years;
(ii) 1/3 of the members shall serve for a
term of 4 years; and
(iii) 1/3 of the members shall serve for a
term of 6 years.
(C) Vacancies.--A vacancy on the Board shall be
filled--
(i) not later than 60 days after the date
of the vacancy;
(ii) in the manner in which the original
appointment was made; and
(iii) for the remainder of the term of the
member vacating the Board.
(D) Removal for failure to attend meetings.--
(i) In general.--A member of the Board may
be removed from the Board by a majority vote of
the Board, if the individual fails to attend 3
consecutive regularly scheduled meetings of the
Board.
(ii) Requirements.--A vacancy as the result
of a removal under clause (i) shall be filled
in accordance with subparagraph (C).
(E) Limitation.--A member of the Board shall not
serve more than 12 consecutive years on the Board.
(4) Chairperson.--
(A) In general.--The Board shall elect a
Chairperson from among the members of the Board.
(B) Term.--The Chairperson of the Board--
(i) shall serve as Chairperson for a 2-year
term; and
(ii) may be reelected as Chairperson while
serving as a member of the Board.
(5) Quorum.--A majority of the voting members of the Board
shall constitute a quorum for the transaction of business of
the Board.
(6) Meetings.--The Board shall meet--
(A) at the call of the Chairperson; but
(B) not less than once each calendar year.
(7) Reimbursement of expenses.--
(A) In general.--Serving as a member of the Board
shall not constitute employment by the Federal
Government for any purpose.
(B) Reimbursement.--A member of the Board shall
serve without pay, other than reimbursement for the
actual and necessary traveling and subsistence expenses
incurred in the performance of the duties of the member
for the Foundation, in accordance with section 5703 of
title 5, United States Code.
(8) General powers.--The Board may--
(A) appoint officers and employees in accordance
with paragraph (9);
(B) adopt a constitution and bylaws consistent with
the purposes of the Foundation and this section; and
(C) carry out any other activities that may be
necessary to function and to carry out this section.
(9) Officers and employees.--
(A) In general.--No officer or employee may be
appointed to the Foundation until the date on which the
Board determines that the Foundation has sufficient
funds to pay for the service of the officer or
employee.
(B) Limitation.--Appointment as an officer or
employee of the Foundation shall not constitute
employment by the Federal Government.
(10) Limitation and conflicts of interest.--
(A) Prohibition on political activity.--The
Foundation shall not participate or intervene in a
political campaign on behalf of any candidate for
public office.
(B) Limitation on participation.--No member of the
Board or officer or employee of the Foundation shall
participate, directly or indirectly, in the
consideration or determination of any question before
the Foundation that affects--
(i) the financial interests of the member
of the Board, officer, or employee; or
(ii) the interests of any corporation
partnership, entity, or organization in which
the member of the Board, officer, or employee--
(I) is an officer, director, or
trustee; or
(II) has any direct or indirect
financial interest.
(d) Powers and Obligations.--
(1) In general.--The Foundation--
(A) shall have perpetual succession; and
(B) may conduct business throughout the several
States, territories, and possessions of the United
States.
(2) Notice; service of process.--
(A) Designated agent.--The Foundation shall at all
times maintain a designated agent in the District of
Columbia authorized to accept service of process for
the Foundation.
(B) Service of process.--The serving of notice to,
or service of process on, the agent required under this
paragraph, or mailed to the business address of the
agent, shall be deemed to be notice to, or the service
of process on, the Foundation.
(3) Seal.--The Foundation shall have an official seal, to
be selected by the Board, which shall be judicially noticed.
(4) Powers.--To carry out the purposes of the Foundation,
the Foundation shall have, in addition to powers otherwise
authorized by this section, the usual powers of a not-for-
profit corporation in the District of Columbia, including the
power--
(A) to accept, receive, solicit, hold, administer,
and use any gift, devise, or bequest, absolutely or in
trust, of real or personal property, or any income
from, or other interest in, the property;
(B) to acquire by donation, gift, devise, purchase,
or exchange, and to dispose of, any real or personal
property or interest in the property;
(C) to sell, donate, lease, invest, reinvest,
retain, or otherwise dispose of any property or income
from property, unless limited by the instrument of
transfer;
(D) to borrow money and issue bonds, debentures, or
other debt instruments;
(E) to sue and be sued, and complain and defend
itself in any court of competent jurisdiction, except
that the members of the Board shall not be held
personally liable, except in a case of gross
negligence;
(F)(i) to enter into contracts or other agreements
with public agencies, private organizations, and
persons; and
(ii) to make such payments as may be
necessary to carry out the purposes of the
contracts or agreements; and
(G) to carry out any activity necessary and proper
to advance the purposes of the Foundation.
(5) Real property.--
(A) In general.--For purposes of this section, an
interest in real property shall include mineral and
water rights, rights-of-way, and easements, appurtenant
or in gross.
(B) Acceptance.--A gift, devise, or bequest of real
property may be accepted by the Foundation, regardless
of whether the property is encumbered, restricted, or
subject to beneficial interests of a private person, if
any current or future interest in the property is for
the benefit of the Foundation.
(C) Declining gifts.--The Foundation may, at the
discretion of the Foundation, decline any gift, devise,
or bequest of real property.
(D) Prohibition on condemnation.--No land, water,
or interest in land or water, that is owned by the
Foundation shall be subject to condemnation by any
State, political subdivision of a State, or agent or
instrumentality of a State or political subdivision of
a State.
(e) Administrative Services and Support.--
(1) Funding.--
(A) In general.--For the purposes of assisting the
Foundation in establishing an office and meeting
initial administrative, project, and other expenses,
the Secretary may provide to the Foundation, from funds
appropriated under subsection (j), such sums as are
necessary for fiscal years 2017 and 2018.
(B) Availability of funds.--Funds made available
under subparagraph (A) shall remain available to the
Foundation until expended for authorized purposes.
(2) Administrative expenses.--
(A) In general.--The Secretary may provide to the
Foundation personnel, facilities, equipment, and other
administrative services, subject to such limitations,
terms, and conditions as the Secretary may establish.
(B) Reimbursement.--The Foundation may reimburse
the Secretary for any support provided under
subparagraph (A), in whole or in part, and any
reimbursement received by the Secretary under this
subparagraph shall be deposited in the Treasury to the
credit of the appropriations then current and
chargeable for the cost of providing the services.
(f) Volunteers.--The Secretary may accept, without regard to the
civil service classification laws (including regulations), the services
of the Foundation, the Board, and the officers, employees, and agents
of the Foundation, without compensation from the Department of the
Interior, as volunteers for the performance of the functions under
section 307(d) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1737(d)).
(g) Audits and Report Requirements.--
(1) Audits.--For purposes of section 10101 of title 36,
United States Code, the Foundation shall be considered to be a
private corporation established under Federal law.
(2) Annual reports.--At the end of each fiscal year, the
Board shall submit to Congress a report that describes the
proceedings and activities of the Foundation during that fiscal
year, including a full and complete statement of the receipts,
expenditures, and investments.
(h) United States Release From Liability.--
(1) In general.--The United States shall not be liable for
any debt, default, act, or omission of the Foundation.
(2) Full faith and credit.--The full faith and credit of
the United States shall not extend to any obligation of the
Foundation.
(i) Limitation on Authority.--Nothing in this section authorizes
the Foundation to perform any function the authority for which is
provided to the Bureau of Land Management under any other provision of
law.
(j) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
(including rescission of funds)
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, $713,823,000, to remain available until September 30,
2018: Provided, That of the funds included under this heading,
$4,100,000 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): Provided further, That
of the unobligated balances from appropriations made available under
this heading, $7,350,000 are permanently rescinded: Provided further,
That no amounts may be rescinded pursuant to the preceding proviso from
amounts made available in the first proviso for Research: National
Priorities: Provided further, That such rescission shall be applied to
program project areas, to the extent practicable, to reflect changes to
funding projections due to routine attrition during fiscal year 2017.
Environmental Programs and Management
(including rescission of funds)
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, $2,619,799,000, to remain available until
September 30, 2018: 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,
$435,857,000 shall be for Geographic Programs specified in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That of the
unobligated balances from appropriations made available under this
heading, $21,800,000 are permanently rescinded: Provided further, That
no amounts may be rescinded pursuant to the preceding proviso from
amounts made available in the first proviso for Environmental
Protection: National Priorities, from amounts made available in the
second proviso for Geographic Programs, or from the National Estuary
Program (33 U.S.C. 1330): Provided further, That such rescission shall
be applied to program project areas, to the extent practicable, to
reflect changes to funding projections due to routine attrition during
fiscal year 2017.
In addition, $3,000,000 to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That
fees collected pursuant to that section of that Act and deposited in
the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2017 shall be retained and used for necessary salaries and
expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in this
paragraph from the general fund for fiscal year 2017 shall be reduced
by the amount of discretionary offsetting receipts received during
fiscal year 2017, so as to result in a final fiscal year 2017
appropriation from the general fund estimated at not more than $0:
Provided further, That to the extent that amounts realized from such
receipts exceed $3,000,000, those amount in excess of $3,000,000 shall
be deposited in the ``TSCA Service Fee Fund'' as discretionary
offsetting receipts in fiscal year 2017, shall be retained and used for
necessary salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the funds included
in the first paragraph under this heading, the Chemical Risk Review and
Reduction program project shall be allocated for this fiscal year,
excluding the amount of any fees appropriated, not less than the amount
of appropriations for that program project for fiscal year 2014.
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, $3,178,000, to remain available
until September 30, 2019.
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, 2018.
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, $34,467,000, 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, 2016, 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, $8,778,000
shall be paid to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2018, and $15,496,000 shall be
paid to the ``Science and Technology'' appropriation to remain
available until September 30, 2018.
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 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, $3,527,161,000, 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 2017,
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 2017, 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
2017 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 2017, notwithstanding the
provisions of sections 201(g)(1), (h), and (l) of the Federal
Water Pollution Control Act, grants under title II of the
Federal Water Pollution Control Act for American Samoa, Guam,
the Commonwealth of the Northern Marianas, the United States
Virgin Islands, and the District of Columbia may also be made
for the purpose of providing assistance: (1) solely for
facility plans, design activities, or plans, specification, and
estimates for any proposed project for the construction of
treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial establishments:
Provided further, That for fiscal year 2017, notwithstanding
the provisions of 201(g)(1), (h), and (l) and section 518(c) of
the Federal Water Pollution Control Act, funds reserved by the
Administrator for grants under section 518(c) of the Federal
Water Pollution Control Act may also be used to provide
assistance: (1) solely for facility plans, design activities,
or plans, specifications, and estimates for any proposed
project for the construction of treatment works; and (2) for
the construction, repair, or replacement of privately owned
treatment works serving one or more principal residences or
small commercial establishments; Funds reserved under section
518(c) of such Act shall be available for grants only to Indian
tribes, as defined in section 518(h) of such Act and former
Indian reservations in Oklahoma (as defined by the Secretary of
the Interior) and Native Villages (as defined in Public Law 92-
203): Provided further, That for fiscal year 2017,
notwithstanding any provision of the Clean Water Act and
regulations issued pursuant thereof, up to a total of
$2,000,000 of the funds reserved by the Administrator for
grants under section 518(c) of the Federal Water Pollution
Control Act may also be used for grants for training, technical
assistance, and educational programs relating to the operation
and management of the treatment works specified in section
518(c) of such Act; Funds reserved under section 518(c) of such
Act shall be available for grants only to Indian tribes, as
defined in section 518(h) of such Act and former Indian
reservations in Oklahoma (as determined by the Secretary of the
Interior) and Native Villages (as defined in Public Law 92-
203): Provided further, That for fiscal year 2017,
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 2017, notwithstanding the amounts
specified in section 205(c) of the Federal Water Pollution
Control Act, up to 1.5 percent of the aggregate funds
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 2017, 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 where such debt was incurred on or after the date of
enactment of this Act, or where such debt was incurred prior to
the date of enactment of this Act if the State, with
concurrence from the Administrator, determines that such funds
could be used to help address a threat to public health from
heightened exposure to lead in drinking water or if a Federal
or State emergency declaration has been issued due to a threat
to public health from heightened exposure to lead in a
municipal drinking water supply before the date of enactment of
this Act: Provided further, That in a State in which such an
emergency declaration has been issued, the State may use more
than 20 percent of the funds made available under this title to
the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to eligible
recipients;
(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 States-Mexico 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;
(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: Provided
further, That at least 10 percent shall be allocated for
assistance in persistent poverty counties: Provided further,
That for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent or
more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses and
the most recent Small Area Income and Poverty Estimates;
(5) $60,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $30,000,000 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) $4,000,000 shall be to carry out the water quality
program authorized in section 5004(d) of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-
322); and
(8) $1,066,041,000 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.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $8,000,000, 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 these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$976,000,000: Provided further, That amounts made available under this
heading in this Act are in addition to amounts appropriated or
otherwise made available for the Water Infrastructure Finance and
Innovation Program for fiscal year 2017.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account to remain available until
expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $2,000,000, to
remain available until September 30, 2018.
Administrative Provisions--Environmental Protection Agency
(including transfers and rescission of funds)
For fiscal year 2017, 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 2017.
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 2017, 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 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 2017 to provide grants to implement the Southeastern New England
Watershed Restoration Program.
Notwithstanding the limitation on amounts in section 320(i) of the
Federal Water Pollution Control Act, funds made available under this
title for the National Estuary Program shall be used for the
development, implementation, and monitoring of comprehensive
conservation and management plans.
Of the unobligated balances available for ``State and Tribal
Assistance Grants'' account, $61,198,000 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 or from amounts that were made
available by subsection (a) of section 196 of the Continuing
Appropriations Act, 2017 (division C of Public Law 114-223), as amended
by the Further Continuing and Security Assistance Appropriations Act,
2017 (Public Law 114-254).
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, $288,514,000, to remain available through September
30, 2020: Provided, That of the funds provided, $77,000,000 is for the
forest inventory and analysis program.
state and private forestry
(including rescission of funds)
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, $228,923,000, to remain
available through September 30, 2020, as authorized by law; of which
$62,347,000 is to be derived from the Land and Water Conservation Fund
to be used for the Forest Legacy Program, to remain available until
expended.
Of the unobligated balances from amounts made available for the
Forest Legacy Program and derived from the Land and Water Conservation
Fund, $12,002,000 is hereby permanently rescinded from projects with
cost savings or failed or partially failed projects that had funds
returned.
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, $1,513,318,000, to remain available
through September 30, 2020: 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,
$367,805,000 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 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: Provided
further, That notwithstanding section 33 of the Bankhead Jones Farm
Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in
calculating a fee for grazing on a National Grassland, may provide a
credit of up to 50 percent of the calculated fee to a Grazing
Association or direct permittee for a conservation practice approved by
the Secretary in advance of the fiscal year in which the cost of the
conservation practice is incurred. And, that the amount credited shall
remain available to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and each
fiscal year thereafter for use on the project for conservation
practices approved by the Secretary.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $364,014,000, to remain available through September 30,
2020, 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 2017 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, $54,415,000,
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 to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967
(16 U.S.C. 484a), to remain available through September 30, 2020, (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 through September 30, 2020, 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 through September 30, 2020, 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 through September 30, 2020.
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, $2,833,415,000, to remain
available through September 30, 2020: 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 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, $390,000,000 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 $15,000,000 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, 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.
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, $342,000,000, 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): 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.
administrative provisions--forest service
(including transfers and rescissions 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.
Notwithstanding any other provision of this Act, the Forest Service
may transfer unobligated balances of discretionary funds appropriated
to the Forest Service by this Act to or within the Wildland Fire
Management Account, or reprogram funds within the Wildland Fire
Management Account, to be used for the purposes of hazardous fuels
management and emergency rehabilitation of burned-over National Forest
System lands and water, such transferred funds shall remain available
through September 30, 2020: Provided, That none of the funds
transferred 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 this section does not apply to funds appropriated to the
FLAME Wildfire Suppression Reserve Fund or funds derived from the Land
and Water Conservation Fund.
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 United States,
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 United States Agency for International Development, the
Department of State, and the Millennium Challenge Corporation), United
States 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 107-171
(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.
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.
Notwithstanding any other provision of this Act, through the Office
of Budget and Program Analysis, the Forest Service shall report no
later than 30 business days following the close of each fiscal quarter
all current and prior year unobligated balances, by fiscal year, budget
line item and account, to the House and Senate Committees on
Appropriations.
The following unobligated balances identified by the following
accounts are hereby rescinded: Forest and Rangeland Research, $815,000;
National Forest System, $2,000,000; and State and Private Forestry,
$3,500,000.
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,
$3,694,462,000, 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, 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
$2,000,000 shall be available for grants or contracts with public or
private institutions to provide alcohol or drug treatment services to
Indians, including alcohol detoxification services: Provided further,
That $928,830,000 for Purchased/Referred Care, including $53,000,000
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, $11,000,000 shall remain available until expended 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 $29,000,000 shall be for costs related to or resulting
from accreditation emergencies, of which up to $4,000,000 may be used
to supplement amounts otherwise available for Purchased and Referred
Care: 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 the amounts made available within this account for the Substance
Abuse and Suicide Prevention Program, for the Domestic Violence
Prevention Program, for the Zero Suicide Initiative, for aftercare
pilots at Youth Regional Treatment Centers, 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 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 2017, such sums as may be necessary: Provided, 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 Self-Determination
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, $545,424,000, 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.
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 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.
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 2017, and
existing profiles may be updated as necessary.
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, $15,431,000, 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 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 section 11 of Public
Law 93-531 (88 Stat. 1716): 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 and Arts
Development
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), $15,212,000, to remain available until
September 30, 2018: Provided, That of the funds made available under
this heading, not to exceed $7,377,000 shall become available on July
1, 2017, and shall remain available until September 30, 2018.
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, $729,444,000, to remain available until September 30, 2018,
except as otherwise provided herein; of which not to exceed $48,467,000
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, $133,903,000, to remain available until 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, $132,961,000, to remain available until September 30, 2018, of
which not to exceed $3,620,000 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, $22,260,000.
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, $14,140,000, to remain available until
expended.
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, 2018.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $149,849,000 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, $149,848,000, to remain available
until expended, of which $139,148,000 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 $10,700,000 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 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, $2,762,000: 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:
Provided further, That one-tenth of one percent of the funds provided
under this heading may be used for official reception and
representation expenses.
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), $6,493,000.
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, $8,099,000: 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), $57,000,000, of which
$1,215,000 shall remain available until September 30, 2019, 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.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses, including the costs of construction design,
of the Dwight D. Eisenhower Memorial Commission, $1,600,000, to remain
available until expended.
capital construction
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission for design and construction of a memorial in honor of Dwight
D. Eisenhower, as authorized by Public Law 106-79, $45,000,000, to
remain available until expended: Provided, That the contract with
respect to the procurement shall contain the ``availability of funds''
clause described in section 52.232.18 of title 48, Code of Federal
Regulations: Provided further, That the funds appropriated herein
shall be deemed to satisfy the criteria for issuing a permit contained
in 40 U.S.C. 8906(a)(4) and (b).
Women's Suffrage Centennial Commission
salaries and expenses
For necessary expenses of the Women's Suffrage Centennial
Commission, as authorized by this Act, $2,000,000, 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.
(c) Report.--On September 30, 2018, 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 2017.
contract support costs, fiscal year 2017 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2017 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 self-governance contracts,
grants, compacts, or annual funding agreements for fiscal year 2017
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.
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
(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.
(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 2018 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 2016 and 2017, 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.
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. 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, 2016'' and inserting ``September
30, 2017''.
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.
extension of grazing permits
Sec. 421. 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 2017.
stewardship contracting amendments
Sec. 422. Section 604(d) of the Healthy Forest Restoration Act of
2003 (16 U.S.C. 6591c(d)), as amended by the Agricultural Act of 2014
(Public Law 113-79), is further amended--
(1) in paragraph (5), by adding at the end the following:
``Notwithstanding the Materials Act of 1947 (30 U.S.C. 602(a)),
the Director may enter into an agreement or contract under
subsection (b).''; and
(2) in paragraph (7), by striking ``and the Director''.
funding prohibition
Sec. 423. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(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.
clarification of exemptions
Sec. 424. None of the funds made available in 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)).
use of american iron and steel
Sec. 425. (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, 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.
national gallery of art
Sec. 426. Section 6301(2) of title 40, United States Code, is
amended--
(1) in the matter preceding subparagraph (A), by striking
``The National Gallery of Art'' and inserting ``(A) The
National Gallery of Art'';
(2) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively; and
(3) by adding at the end the following new subparagraph:
``(B) All other buildings, service roads, walks, and other
areas within the exterior boundaries of any real estate or land
or interest in land (including temporary use) that the National
Gallery of Art acquires and that the Director of the National
Gallery of Art determines to be necessary for the adequate
protection of individuals or property in the National Gallery
of Art and suitable for administration as a part of the
National Gallery of Art.''.
midway island
Sec. 427. None of the funds made available by this Act may be used
to destroy any buildings or structures on Midway Island that have been
recommended by the United States Navy for inclusion in the National
Register of Historic Places (54 U.S.C. 302101).
policies relating to biomass energy
Sec. 428. To support the key role that forests in the United
States can play in addressing the energy needs of the United States,
the Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency shall, consistent
with their missions, jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments
and agencies; and
(B) recognizes the full benefits of the use of
forest biomass for energy, conservation, and
responsible forest management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies that--
(A) reflect the carbon-neutrality of forest
bioenergy and recognize biomass as a renewable energy
source, provided the use of forest biomass for energy
production does not cause conversion of forests to non-
forest use.
(B) encourage private investment throughout the
forest biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest
health; and
(D) recognize State initiatives to produce and use
forest biomass.
john f. kennedy center reauthorization
Sec. 429. 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), $22,260,000
for fiscal year 2017.
``(b) Capital Projects.--There is authorized to be appropriated to
the Board to carry out subparagraphs (F) and (G) of section 4(a)(1),
$14,140,000 for fiscal year 2017.''.
boundary adjustment, bob marshall wilderness, helena-lewis and clark
national forest
Sec. 430. The boundary of the Patrick's Basin Addition to the Bob
Marshall Wilderness designated by section 3065(c)(1)(A) of the ``Carl
Levin and Howard P. `Buck' McKeon National Defense Authorization Act
for Fiscal Year 2015'' (Public Law 113-291; 128 Stat. 3835) is modified
to exclude approximately 603 acres of land as generally depicted as
items 1 and 2 on the map entitled ``Patrick's Basin Addition to the Bob
Marshall Wilderness--Kenck Cabin and South Fork Sun River Packbridge
Adjustments'' and dated April 21, 2016, which shall be on file and
available for public inspection in the appropriate offices of the
Forest Service. The lands excluded from the wilderness shall be added
to and administered as part of the Rocky Mountain Front Conservation
Management Area established in section 3065(b).
incorporation by reference
Sec. 431. (a) The provisions of the following bills of the 115th
Congress are hereby enacted into law:
(1) H.R. 2104 (the Morley Nelson Snake River Birds of Prey
National Conservation Area Boundary Modification Act of 2017),
as introduced on April 20, 2017.
(2) S. 131 (the Alaska Mental Health Trust Land Exchange
Act of 2017), as ordered to be reported on March 30, 2017, by
the Committee on Energy and Natural Resources of the Senate.
(3) S. 847 (the Women's Suffrage Centennial Commission
Act), as introduced on April 5, 2017.
(b) In publishing this Act in slip form and in the United States
Statutes at Large pursuant to section 112 of title 1, United States
Code, the Archivist of the United States shall include after the date
of approval at the end an appendix setting forth the text of the bills
referred to in subsection (a).
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2017''.
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017
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, and the National Apprenticeship Act, $3,338,699,000, 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, 2017 through June 30, 2018, and
of which $712,000,000 shall be available for the period
October 1, 2017 through June 30, 2018;
(B) $873,416,000 for youth activities, which shall
be available for the period April 1, 2017 through June
30, 2018; 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, 2017 through June 30,
2018, and of which $860,000,000 shall be available for
the period October 1, 2017 through June 30, 2018:
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, $628,867,000 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, 2017 through
September 30, 2018, and of which $200,000,000 shall be
available for the period October 1, 2017 through
September 30, 2018: 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, $20,000,000 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, 2017 through June 30, 2018;
(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, 2017 through June 30, 2018:
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) $84,534,000 for YouthBuild activities as
described in section 171 of the WIOA, which shall be
available for the period April 1, 2017 through June 30,
2018;
(E) $2,500,000 for technical assistance activities
under section 168 of the WIOA, which shall be available
for the period July 1, 2017 through June 30, 2018;
(F) $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, 2017 through June 30,
2018: Provided, That of this amount, $25,000,000 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;
(G) $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,
2017 through June 30, 2018; and
(H) $95,000,000 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, 2017 through June 30,
2018.
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, $1,704,155,000, plus reimbursements,
as follows:
(1) $1,587,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2017 through June 30, 2018;
(2) $84,500,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2017 through June 30, 2020, 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 30,
2018: 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,
2016 through September 30, 2017:
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''), $400,000,000, which shall be available for
the period April 1, 2017 through June 30, 2018, 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 2017 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, $849,000,000 together with such amounts as may be necessary to
be charged to the subsequent appropriation for payments for any period
subsequent to September 15, 2017: Provided, That notwithstanding
section 502 of this Act, 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 $3,434,625,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) $2,687,600,000 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 $115,000,000 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 claimants of regular
unemployment compensation, including those who are profiled as
most likely to exhaust their benefits in each State, and
$5,500,000 for continued support of the Unemployment Insurance
Integrity Center of Excellence), the administration of
unemployment 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, 2017, except that funds used for automation shall
be available for Federal obligation through December 31, 2017,
and for State obligation through September 30, 2019, or, if the
automation is being carried out through consortia of States,
for State obligation through September 30, 2022, and for
expenditure through September 30, 2023, and funds for
competitive grants awarded to States for improved operations
and to conduct in-person reemployment and eligibility
assessments and unemployment insurance improper payment reviews
and provide reemployment services and referrals to training, as
appropriate, shall be available for Federal obligation through
December 31, 2017, and for obligation by the States through
September 30, 2019, and funds for the Unemployment Insurance
Integrity Center of Excellence shall be available for
obligation by the State through September 30, 2018, and funds
used for unemployment insurance workloads experienced by the
States through September 30, 2017 shall be available for
Federal obligation through December 31, 2017;
(2) $14,897,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $650,000,000 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 Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2017 through June 30, 2018;
(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, 2017
through June 30, 2018:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2017 is projected by the
Department of Labor to exceed 2,453,000, 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 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 and non-State
entities 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 final
rule entitled ``Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards'' at part 200 of title 2,
Code of Federal Regulations: 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, 2018, for such purposes.
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, 2018.
program administration
For expenses of administering employment and training programs,
$108,674,000, 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, 2017, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2017 shall be
available for obligations for administrative expenses in excess of
$421,006,000: Provided further, That an amount not to exceed an
additional $98,500,000 shall be available through September 30, 2021,
for costs associated with the acquisition, occupancy, and related costs
of headquarters space: 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 2017, an amount not to exceed an
additional $9,200,000 shall be available through September 30, 2018,
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.
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, $38,187,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $104,476,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $115,424,000, 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, $220,000,000, 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, 2016, shall remain available until expended for the
payment of compensation, benefits, and 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, 2017: 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,
$66,675,000 shall be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$22,740,000;
(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, $16,866,000;
(4) For program integrity, $4,101,000; 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, $61,319,000, 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 2018, $16,000,000, 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, $59,846,000, 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 9501(d)(4) of that Act.
In addition, the following amounts may be expended from the Fund for
fiscal year 2017 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $38,246,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$31,994,000 for transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $330,000 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, 2017, 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
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: Provided further, That not less than $3,500,000 shall be for
Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $373,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$10,537,000 for State assistance grants: Provided, That amounts
available for State assistance grants may be used for the purchase and
maintenance of new equipment required by the final rule entitled
``Lowering Miners' Exposure to Respirable Coal Mine Dust, Including
Continuous Personal Dust Monitors'' published by the Department of
Labor in the Federal Register on May 1, 2014 (79 Fed. Reg. 24813 et
seq.), for operators that demonstrate financial need as determined by
the Secretary: Provided further, 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.
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, $334,536,000, 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, 2017: 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, 2018: 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: Provided further,
That of the amounts made available to the Women's Bureau, $994,000
shall be used for grants authorized by the Women in Apprenticeship and
Nontraditional Occupations Act.
veterans employment and training
Not to exceed $234,041,000 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, 2017, 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) $14,600,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144:
Provided, That, up to $300,000 of such funds may be used to
enter into a cooperative agreement with a State relating to a
mobile application to provide transition assistance to
separating service members, veterans and eligible spouses;
(3) $41,027,000 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, $45,000,000 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, 2017, 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, $18,778,000, which shall be available
through September 30, 2018.
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,
$82,061,000, together with not to exceed $5,660,000 which 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.
(including rescission)
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 of such
funds available before September 30, 2017 up to $20,000,000 shall be
available for obligation through September 30, 2018 by the Employment
and Training Administration of the Department of Labor to process
foreign labor certifications, including wage determinations and
associated tasks and grants to States, submitted by employers to employ
nonimmigrants described in section 101(a)(15)(H)(ii) of the Immigration
and Nationality Act, to the extent necessary to eliminate backlogs and
delays: Provided further, That of the unobligated funds available
under section 286(s)(2) of the Immigration and Nationality Act (8
U.S.C. 1356(s)(2)), $46,000,000 are permanently rescinded.
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 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. (a) 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.
(b) Notwithstanding section 102, the Secretary may transfer not
more than 0.5 percent of each discretionary appropriation made
available to the Employment and Training Administration by this Act to
``Program Administration'' in order to carry out program integrity
activities relating to any of the programs or activities that are
funded under any such discretionary appropriations: Provided, That
funds transferred from under paragraphs (1) and (2) of the ``Office of
Job Corps'' account shall be available under paragraph (3) of such
account in order to carry out program integrity activities relating to
the Job Corps program: Provided further, That funds transferred under
this subsection shall be available for obligation through September 30,
2018.
(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, 2018: 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. Notwithstanding any other provision of law, beginning
October 1, 2016, 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. 109. (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
``(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.
(rescission)
Sec. 110. Of the funds made available under the heading
``Employment and Training Administration-Training and Employment
Services'' in division H of Public Law 114-113, $75,000,000 is
rescinded, to be derived from the amount made available in paragraph
(2)(A) under such heading for the period October 1, 2016, through
September 30, 2017.
Sec. 111. (a) Flexibility With Respect to the Crossing of 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).
This title may be cited as the ``Department of Labor Appropriations
Act, 2017''.
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: Provided, That no more than $1,000,000 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
sections 224(g)-(n) and (q) of the PHS Act, 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 2017, not less than $100,000,000 shall be
obligated in fiscal year 2017 to support grants to expand medical
services, behavioral health, oral health, pharmacy, or vision services.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the Social
Security Act, and the Health Care Quality Improvement Act of 1986,
$838,695,000: Provided, That sections 747(c)(2), 751(j)(2), 762(k),
and the proportional funding amounts in paragraphs (1) through (4) of
section 756(f) 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 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,
$848,617,000: Provided, That notwithstanding sections 502(a)(1) and
502(b)(1) of the Social Security Act, not more than $80,593,000 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, $2,318,781,000, of which $1,970,881,000 shall
remain available to the Secretary through September 30, 2019, 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, $104,193,000, 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,
$156,060,000, of which $43,609,000 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, $10,000,000 shall be available for State
Offices of Rural Health.
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
$7,750,000 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, $455,000,000.
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, $1,117,278,000.
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, $532,922,000.
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,
$777,646,000: 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, $137,560,000.
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, $489,397,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $163,750,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $286,059,000: Provided, That
of the funds provided under this heading, $112,000,000 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,
$335,200,000.
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.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $435,121,000, of which $128,421,000 for
international HIV/AIDS shall remain available through September 30,
2018: 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 Centers for Disease
Control and Prevention (referred to in this title as ``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, 2021: 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 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, 2018.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $5,389,329,000, of which up to $50,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center
in Frederick, Maryland: Provided, That of the $5,689,329,000 provided
for in direct obligations under this heading, $5,389,329,000 is
appropriated from the general fund and $300,000,000 was previously
appropriated for fiscal year 2017 by section 194 of the Continuing
Appropriations Act, 2017 (division C of Public Law 114-223), as amended
by the Further Continuing and Security Assistance Appropriations Act,
2017 (Public Law 114-254) to support cancer research pursuant to
section 1001 of the 21st Century Cures Act.
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, $3,206,589,000.
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, $425,751,000.
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, $1,870,595,000.
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, $1,783,654,000.
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, $4,906,638,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,650,838,000, of which
$824,443,000 shall be from funds available under section 241 of the PHS
Act: Provided, That not less than $333,361,000 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, $1,380,295,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $732,618,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $714,261,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $2,048,610,000.
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,
$557,851,000.
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, $436,875,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $150,273,000.
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, $483,363,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,090,853,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $1,601,931,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $528,566,000.
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,
$357,080,000.
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, $134,689,000.
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,
$289,069,000.
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), $72,213,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $407,510,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2018: Provided
further, That in fiscal year 2017, 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, $705,903,000: 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 $516,120,000 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, $1,665,183,000 (in addition to the $52,000,000 in the
NIH Innovation Fund previously appropriated for fiscal year 2017
pursuant to section 1001 of the 21st Century Cures Act, 2017 (division
C of Public Law 114-254)): 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: Provided further, That
$165,000,000 shall be for the National Children's Study Follow-on:
Provided further, That $682,856,000 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 $190,000,000 (in addition to the $40,000,000 to
support the Precision Medicine Initiative in the NIH Innovation Fund
previously appropriated for fiscal year 2017 pursuant to section 1001
of the 21st Century Cures Act by section 194 of the Continuing
Appropriations Act, 2017 (division C of Public Law 114-254)), of the
funds provided herein are available to support the trans-NIH Precision
Medicine Initiative.
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, demolition 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, 2021.
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, $1,147,998,000: 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 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 2017: 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 and V of the PHS Act with respect to
substance abuse treatment and title XIX of such Act with respect to
substance abuse treatment and prevention, $2,131,306,000: 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, $223,219,000.
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, $116,830,000: 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 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, 2018: 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,
$324,000,000: Provided, That section 947(c) of the PHS Act shall not
apply in fiscal year 2017: 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, 2018.
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, $262,003,967,000, to remain available until
expended.
For making, after May 31, 2017, 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 2017 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 2018, $125,219,452,000, 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,
$299,187,700,000.
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,
2022: 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 2017 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, $725,000,000, to remain available through
September 30, 2018, 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 $486,936,000 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 $82,132,000 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 $82,132,000 shall be for the Medicaid and
Children's Health Insurance Program (``CHIP'') program integrity
activities, and of which $73,800,000 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 2017 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 Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, and $414,000,000 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, $3,010,631,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2018, $1,400,000,000, 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
2017 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
(including transfer of funds)
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''), and the Torture Victims Relief Act of 1998,
$1,674,691,000, of which $1,645,201,000 shall remain available through
September 30, 2019 for carrying out such sections 414, 501, 462, and
235: Provided, That amounts available under this heading to carry out
the TVPA shall also be available for research and evaluation with
respect to activities under such Act: Provided further, That the
limitation in section 205 of this Act regarding transfers increasing
any appropriation shall apply to 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''), $2,856,000,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, 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 Every Student Succeeds 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, and the Community Services Block Grant
Act (``CSBG 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, the Child Care and Development Block Grant Act of 2014, the
Assets for Independence Act, 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, $11,294,368,000, of which $37,943,000, to remain
available through September 30, 2018, 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
and legal guardianships completed before September 30, 2017: Provided,
That $9,253,095,000 shall be for making payments under the Head Start
Act: Provided further, That of the amount in the previous proviso,
$8,588,095,000 shall be available for payments under section 640 of the
Head Start Act, of which $80,000,000 shall be available for a cost of
living adjustment notwithstanding section 640(a)(3)(A) of such Act:
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, $640,000,000 shall be available
through March 31, 2018 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 $250,000,000
shall be available until December 31, 2017 for carrying out sections
9212 and 9213 of the Every Student Succeeds Act: Provided further,
That, in accordance with section 9212(j) of such Act, funds made
available in the preceding proviso may be allocated to the Department
of Education to issue continuation grants on behalf of the Secretary:
Provided further, That up to 3 percent of the funds in the second
preceding proviso shall be available for technical assistance and
evaluation related to grants awarded under such section 9212: Provided
further, That $742,383,000 shall be for making payments under the CSBG
Act: Provided further, That $27,733,000 shall be for sections 680 and
678E(b)(2) of the CSBG Act, of which not less than $19,883,000 shall be
for section 680(a)(2) and not less than $7,500,000 shall be for section
680(a)(3)(B) of such Act: Provided further, That, notwithstanding
section 675C(a)(3) of such Act, to the extent Community Services Block
Grant funds are distributed as grant funds by a State to an eligible
entity as provided under such 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 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 entities 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, 2017, and include information on such
implementation in the report required by section 678E(a)(2) of such
Act: 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, $325,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $59,765,000: Provided,
That notwithstanding sections 438(c)(3)(A) and 436(b)(2) of such Act,
$10,000,000 shall be available for such section 436(b)(2), of which no
funds shall be available for carrying out sections 438(c)(3)(A)(ii) and
(iii) of such Act.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $5,764,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2018,
$2,500,000,000.
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, and for Department-wide coordination of
policy and program activities that assist individuals with
disabilities, $1,919,000,000, together with $47,115,000 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 of amounts made available under this heading to
carry out sections 311, 331, and 336 of the OAA, up to one percent of
such amounts shall be available for developing and implementing
evidence-based practices for enhancing senior nutrition: 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 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.
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,
$460,629,000, 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, $15,000,000 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).
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,
$80,000,000: 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, 2018, 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 to support emergency operations shall remain available
through September 30, 2019.
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, $57,000,000; 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 2017
under section 338B of such Act.
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 2017:
(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
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 authorized under
section 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 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 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. (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. 219. (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:
(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 2017,
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.
Sec. 220. (a) The Secretary shall publish in the fiscal year 2018
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 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. 221. The Secretary shall publish, as part of the fiscal year
2018 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 2018. 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. 222. (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. 223. 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).
Sec. 224. 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.
Sec. 225. The Secretary shall include in the fiscal year 2018
budget justification an analysis of how section 2713 of the PHS Act
will impact eligibility for discretionary HHS programs.
Sec. 226. Effective during the period beginning on November 1,
2015 and ending January 1, 2019, 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)).
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2017''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II 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''), $16,143,790,000, of which
$5,225,990,000 shall become available on July 1, 2017, and shall remain
available through September 30, 2018, and of which $10,841,177,000
shall become available on October 1, 2017, and shall remain available
through September 30, 2018, for academic year 2017-2018: Provided,
That $6,459,401,000 shall be for basic grants under section 1124 of the
ESEA: Provided further, That up to $5,000,000 of these funds shall be
available to the Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2016, 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 $3,819,050,000 shall be for targeted grants under section
1125 of the ESEA: Provided further, That $3,819,050,000 shall be for
education finance incentive grants under section 1125A of the ESEA:
Provided further, That $217,000,000 shall be for carrying out subpart 2
of part B of title II: Provided further, That $44,623,000 shall be for
carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,328,603,000,
of which $1,189,233,000 shall be for basic support payments under
section 7003(b), $48,316,000 shall be for payments for children with
disabilities under section 7003(d), $17,406,000, to remain available
for obligation through September 30, 2018, shall be for construction
under section 7007(b), $68,813,000 shall be for Federal property
payments under section 7002, and $4,835,000, to remain available until
expended, shall be for facilities maintenance under section 7008:
Provided, That for purposes of computing the amount of a payment for an
eligible local educational agency under section 7003(a) for school year
2016-2017, children enrolled in a school of such agency that would
otherwise be eligible for payment under section 7003(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 7003(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 part B
of title I, part A of title II, subpart 1 of part A of title IV, part B
of title IV, part B of title V, and parts B and C of title VI of the
ESEA; the McKinney-Vento 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,
$4,408,567,000, of which $2,588,002,000 shall become available on July
1, 2017, and remain available through September 30, 2018, and of which
$1,681,441,000 shall become available on October 1, 2017, and shall
remain available through September 30, 2018, for academic year 2017-
2018: Provided, That $369,100,000 shall be for part B of title I:
Provided further, That $1,191,673,000 shall be for part B of title IV:
Provided further, That $33,397,000 shall be for part B of title VI and
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 $32,453,000 shall be for
part C of title VI and shall be awarded on a competitive basis, and
also may be used for construction: Provided further, That $50,000,000
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 $175,840,000
shall be for part B of title V: Provided further, That $400,000,000
shall be available for grants under subpart 1 of part A of title IV:
Provided further, That notwithstanding subsections (a) and (b) of
section 4105 of such Act, each State may use funds reserved under
section 4104(a)(1) of such Act to award subgrants, on a competitive
basis, to local educational agencies receiving a grant under part A of
title I, or consortia of such local educational agencies, of such Act,
to enable the agencies or consortia to support activities authorized
under one or more of sections 4107, 4108, and 4109(a) of such Act:
Provided further, That each such subgrant shall be subject to the same
terms and conditions as an allocation provided under section 4105 of
such Act, except as otherwise provided in this Act: Provided further,
That each State that awards such subgrants shall award such subgrants
with priority given to local educational agencies, or consortia of
local educational agencies, with the greatest need based on the number
or percentage of children counted under section 1124(c), in a manner
that ensures geographic diversity among subgrant recipients
representing rural, suburban, and urban areas, and in a manner that
distributes the total amount of funds available to the State under
section 4104(a)(1) consistent with the requirements described in
subparagraphs (C) through (E) of section 4106(e)(2) of such Act:
Provided further, That each such subgrant awarded shall be for a term
of one year and in an amount of not less than $10,000, and a subgrant
recipient shall not be subject to any of the distribution requirements
described in subparagraphs (C) through (E) of subsections (e)(2) and
(f), of section 4106 of such Act: Provided further, That
notwithstanding section 4109(b) of such Act, a subgrant recipient using
such subgrant funds to carry out only activities authorized under
section 4109(a) of such Act may use not more than 25 percent of the
subgrant funds for purchasing technology infrastructure as described in
such section 4109(b): Provided further, That amounts made available
under this heading to a State agency awarding such subgrants shall
remain available until September 30, 2018.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $164,939,000, of which
$57,993,000 shall be for subpart 2 of part A of title VI and $6,565,000
shall be for subpart 3 of part A of title VI.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and 4 of
part B of title II, and parts C and D and subparts 1 and 4 of part F of
title IV of the ESEA, $887,575,000: Provided, That $283,015,000 shall
be for subparts 1, 3 and 4 of part B of title II and shall be made
available without regard to sections 2201, 2231(b) and 2241: Provided
further, That $504,560,000 shall be for parts C and D and subpart 4 of
part F of title IV, and shall be made available without regard to
sections 4311, 4409(a), and 4601 of the ESEA: Provided further, That
section 4303(d)(3)(A)(i) shall not apply to the funds available for
part C of title IV: Provided further, That of the funds available for
part C of title IV, the Secretary shall use not less than $26,000,000
to carry out section 4304, of which not more than $10,000,000 shall be
available to carry out section 4304(k), not more than $100,000,000 to
carry out section 4305(b), and not less than $11,000,000 to carry out
the activities in section 4305(a)(3): Provided further, That
notwithstanding section 4601(b), $100,000,000 shall be available
through December 31, 2017 for subpart 1 of part F of title IV.
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of part
F of title IV of the ESEA, $151,254,000: Provided, That $68,000,000
shall be available for section 4631, 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 $10,000,000 shall be available for section 4625: Provided
further, That $73,254,000 shall be available through December 31, 2017,
for section 4624: Provided further, That section 4623(b) of the ESEA
shall apply to funds appropriated for Promise Neighborhoods under this
heading in prior appropriations acts.
English Language Acquisition
For carrying out part A of title III of the ESEA, $737,400,000,
which shall become available on July 1, 2017, and shall remain
available through September 30, 2018, except that 6.5 percent of such
amount shall be available on October 1, 2016, and shall remain
available through September 30, 2018, to carry out activities under
section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$13,064,358,000, of which $3,546,259,000 shall become available on July
1, 2017, and shall remain available through September 30, 2018, and of
which $9,283,383,000 shall become available on October 1, 2017, and
shall remain available through September 30, 2018, for academic year
2017-2018: 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 2016, 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 2016: Provided
further, That the Secretary shall, without regard to section 611(d) 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, 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 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.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$3,535,589,000, of which $3,398,554,000 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 long-term 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, 2018.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to promote the Education of the Blind 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, 2017, and shall remain
available through September 30, 2018, and of which $791,000,000 shall
become available on October 1, 2017, and shall remain available through
September 30, 2018: Provided, That of the amounts made available for
AEFLA, $13,712,000 shall be for national leadership activities under
section 242.
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, 2018.
The maximum Pell Grant for which a student shall be eligible during
award year 2017-2018 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, $1,576,854,000, to remain available through
September 30, 2018: Provided, That the Secretary shall 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: Provided further, That
the Secretary shall, no later than September 30, 2017, allow student
loan borrowers who are consolidating Federal student loans to select
from any student loan servicer to service their new consolidated
student loan.
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, $2,055,439,000: 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 : Provided further, That, in making awards
under section 402C of the HEA with funds appropriated by this Act, the
Secretary shall announce new grant awards for which the notice inviting
applications was published in the Federal Register on October 17, 2016
(81 F.R. 71,492) by June 1, 2017, and for all other new grant awards
under such section by August 1, 2017: Provided further, That, in
making continuation grant awards under subpart 2 of chapter 1 of part A
of title IV of the HEA with funds appropriated by this Act, the
Secretary shall issue continuation notifications no later than August
1, 2017.
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.
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, 2018: 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 $282,212,885:
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, $605,267,000, which shall remain available through
September 30, 2018: 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.
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: Provided, That
$2,000,000 of the unobligated funds available under this heading and
``Student Aid Administration'' in this and prior appropriations acts
that may be used for travel, printing, supplies and other
administrative expenses shall be available for obligation for the Ready
to Learn program.
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, $108,500,000.
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. 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 ``2017'' for ``2016''.
Sec. 306. Funds appropriated in this Act and consolidated for
evaluation purposes under section 8601(c) of the ESEA shall be
available from July 1, 2017, through September 30, 2018.
Sec. 307. (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 2017 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. 308. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is
amended by striking ``2016'' and inserting ``2017''.
Sec. 309. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is
amended in paragraph (4) by striking ``2016'' and inserting ``2017''.
(including rescission)
Sec. 310. (a) Section 401(b) of the Higher Education Act of 1965
(20 U.S.C. 1070a(b)) is amended by adding at the end the following:
``(8)(A) Effective in the 2017-2018 award year and
thereafter, the Secretary shall award an eligible student not
more than one and one-half Federal Pell Grants during a single
award year to permit such student to work toward completion of
an eligible program if, during that single award year, the
student--
``(i) has received a Federal Pell Grant for
an award year and is enrolled in an eligible
program for one or more additional payment
periods during the same award year that are not
otherwise fully covered by the student's
Federal Pell Grant; and
``(ii) is enrolled on at least a half-time
basis while receiving any funds under this
section.
``(B) In the case of a student receiving more than
one Federal Pell Grant in a single award year under
subparagraph (A), the total amount of Federal Pell
Grants awarded to such student for the award year may
exceed the maximum basic grant level specified in the
appropriate appropriations Act for such award year.
``(C) Any period of study covered by a Federal Pell
Grant awarded under subparagraph (A) shall be included
in determining a student's duration limit under
subsection (c)(5).
``(D) In any case where an eligible student is
receiving a Federal Pell Grant for a payment period
that spans two award years, the Secretary shall allow
the eligible institution in which the student is
enrolled to determine the award year to which the
additional period shall be assigned, as it determines
is most beneficial to students.''.
(b) Section 401(b)(7)(A)(iv)(VII) of the Higher Education Act of
1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(VII)) is amended by striking
``$1,574,000,000'' and inserting ``$1,320,000,000''.
(rescission)
Sec. 311. Of the unobligated balances available from Public Law
114-113 under the heading ``Student Financial Assistance'' for carrying
out subpart 1 of part A of title IV of the HEA, $1,310,000,000 are
hereby rescinded.
This title may be cited as the ``Department of Education
Appropriations Act, 2017''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
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, $8,000,000: 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 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 this heading in the explanatory statement accompanying Public Law
114-113: Provided further, That 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
$1,000,000 shall be available for the Office of Inspector General.
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''), $736,029,000,
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) $16,538,000 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; (3) $30,000,000 shall be available to
carry out subtitle E of the 1990 Act; and (4) $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.
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, $206,842,000, 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, $5,750,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice and
comment rulemaking. For fiscal year 2017, 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. 402. 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. 403. 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. 404. 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. 405. 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'');
(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 2019, $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 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, $50,000,000.
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 Labor-Management 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,
$46,650,000, including up to $900,000 to remain available through
September 30, 2018, 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, $17,184,000.
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,
$231,000,000.
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.
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. 406. 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,
$13,800,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $13,225,000.
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, $25,000,000,
which shall include amounts becoming available in fiscal year 2017
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, 2018, 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, $113,500,000, 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 $10,000,000, 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) and 1131(b)(2) of the Social Security Act, $11,400,000.
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,
$43,618,163,000, 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 $58,000,000 shall
be available for research and demonstrations under sections 1110, 1115,
and 1144 of the Social Security Act, and remain available through
September 30, 2019.
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 2018, $15,000,000,000, 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 $12,357,945,000 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, $90,000,000 to remain available through
September 30, 2018, shall be used for activities to address the hearing
backlog within the Office of Disability Adjudication and Review:
Provided further, That unobligated balances of funds provided under
this paragraph at the end of fiscal year 2017 not needed for fiscal
year 2017 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
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.
Of the total amount made available under this heading, not more
than $1,819,000,000, to remain available through March 31, 2018, is for
the costs associated with continuing disability reviews under titles II
and XVI of the Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from services
demonstrate an individual's ability to engage in substantial gainful
activity, for the cost associated with conducting redeterminations of
eligibility under title XVI of the Social Security Act, for the cost of
co-operative disability investigation units, and for the cost
associated with the prosecution of fraud in the programs and operations
of the Social Security Administration by Special Assistant United
States Attorneys: 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 $1,546,000,000 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, $123,000,000 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 2017
exceed $123,000,000, the amounts shall be available in fiscal year 2018
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.
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 executive-legislative
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 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
life-endangering 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.
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 executive-congressional
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 in fiscal
year 2017, 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 2017, 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 2017 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 2017 budget
request.
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 2017, 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 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 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 2017'' for ``Fiscal Year 2014'' in the title of subsection (b) and
by substituting ``September 30, 2021'' for ``September 30, 2018'' each
place it appears: Provided, That such pilots shall include communities
that have experienced civil unrest.
(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, section 524
of division G of Public Law 113-235, and section 525 of division H of
Public Law 114-113.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to an
additional 5 years to operate under such authorities.
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 5 of the Special Olympics Sport and Empowerment
Act of 2004 (Public Law 108-406; 118 Stat. 2296) is amended--
(1) in paragraph (1), by striking all that follows after
``3(a),'' and inserting ``such sums as may be necessary for
fiscal year 2017 and each of the 4 succeeding fiscal years;'';
(2) in paragraph (2), by striking all that follows after
``3(b),'' and inserting ``such sums as may be necessary for
fiscal year 2017 and each of the 4 succeeding fiscal years;
and''; and
(3) in paragraph (3), by striking all that follows after
``3(c),'' and inserting ``such sums as may be necessary for
fiscal year 2017 and each of the 4 succeeding fiscal years.''.
(rescission)
Sec. 528. Of the funds made available for fiscal year 2017 under
section 3403 of Public Law 111-148, $15,000,000 are rescinded.
Sec. 529. Amounts deposited in the Child Enrollment Contingency
Fund from the appropriation to the Fund for the first semi-annual
allotment period for fiscal year 2017 under section 2104(n)(2)(A)(ii)
of the Social Security Act and the income derived from investment of
those funds pursuant to section 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, $541,900,000 are hereby rescinded.
(rescission)
Sec. 531. Of the funds made available for purposes of carrying out
section 2105(a)(3) of the Social Security Act, $5,750,000,000 are
hereby rescinded.
(rescission)
Sec. 532. Of any available amounts appropriated under section
301(b)(3) of Public Law 114-10, $1,132,000,000 are hereby rescinded.
Sec. 533. As of the date of enactment of this Act, section 170(b)
of the Continuing Appropriations Act, 2017 (division C of Public Law
114-223), as amended by the Further Continuing and Security Assistance
Appropriations Act, 2017 (Public Law 114-254), shall no longer have any
force or effect: Provided, That any amounts made available pursuant to
that section of that Act as of the date of enactment of this Act shall
remain available until September 30, 2017: Provided further, That if
any amounts made available pursuant to that section of that Act remain
unobligated as of the date of enactment of this Act, then the balances
available from those amounts shall be hereby rescinded immediately upon
enactment of this Act.
This division may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations
Act, 2017''.
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2017
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 and Minority Policy Committees,
$4,690 for each Chairman; in all, $174,840.
Representation Allowances for the Majority and Minority Leaders
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, $182,287,812, which shall be
paid from this appropriation as follows:
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.
office of the secretary
For Office of the Secretary, $24,772,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $70,900,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,810,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $49,952,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $5,808,500.
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, 2019.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on International
Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$10,250,000 of which $4,350,000 shall remain available until September
30, 2021 and of which $4,000,000 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, $126,535,000, which shall remain available until
September 30, 2021.
miscellaneous items
For miscellaneous items, $20,870,349 which shall remain available
until September 30, 2019.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$390,000,000 of which $19,109,218 shall remain available until
September 30, 2019.
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 3(c)(3) of the Legislative Branch Appropriations
Act, 2004 (2 USC 2108(c)(3)) is amended--
(1) in the paragraph heading, by striking ``and
disbursements'' and inserting ``disbursements, and transfers'';
and
(2) by adding at the end the following:
``(D) Transfers.--
``(i) In general.--The Commission may, for
individual conservation or restoration projects
estimated to cost greater than $100,000,
transfer amounts in the fund to the Architect
of the Capitol for the cost of conservation or
restoration, in whole or in part, by the
Architect of the Capitol of works of art,
historical objects, documents, or material
relating to historical matters placed or
exhibited, or to be placed or exhibited, within
the Senate wing of the United States Capitol or
any Senate Office Building.
``(ii) Availability.--Amounts transferred
to the Architect of the Capitol under clause
(i) and not subject to return under clause (v)
shall remain available until expended.
``(iii) Approval and oversight of
conservation or restoration.--Before
authorizing transfers under clause (i), in
whole or in part, the Commission, or the
chairman and vice chairman acting jointly on
behalf of the Commission and after giving
notice to the Commission, shall review and
approve a conservation or restoration project
for which such amounts are intended (referred
to in this section as the `Project'). The
Commission may require updated reports on the
Project before any additional amounts are
transferred for the Project. No disbursements
may be made from funds transferred under clause
(i) that are inconsistent with the Project
approved by the Commission upon which the
relevant transfer is based.
``(iv) Acceptance of donations.--The
Commission retains the discretion whether or
not to approve the acceptance of any donation
to the fund regardless of whether the donation
is intended for a conservation or restoration
Project under clause (i).
``(v) Issuance of guidelines.--The
Commission may prescribe such guidelines as it
deems necessary for the approval and transfer
of any amounts under clause (i) and the return
of any undisbursed amounts.
``(vi) Return of unused funds.--The
Commission may require the return of amounts
transferred to the Architect of the Capitol
under clause (i) and not disbursed pursuant to
an approved Project within five years of the
transfer. Such amounts will be returned to the
fund for use or disposition as the Commission
shall determine appropriate. For purposes of
this subsection, the Commission may, at any
time, specify a date of return greater than
five years from the transfer.
``(vii) Disbursement and audit
responsibility.--Once amounts are transferred
pursuant to clause (i), disbursements from
transferred funds shall be made by the
Architect of the Capitol upon review of
vouchers by the Architect of the Capitol and
not subject to the audit provisions of clause
(c)(6) of this section. Such disbursements
shall be limited to purposes for which funds
may be disbursed pursuant to this section.
``(viii) Termination.--The authority to
transfer amounts to the Architect of the
Capitol under clause (i) shall expire ten years
after the date of its initial enactment. Any
amounts transferred prior to the termination of
authority to transfer may continue to be
expended in accordance with this section.''.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,189,050,766, 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, 2017 until January 2, 2018.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $562,632,498.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $127,053,373: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2018, except that $3,150,200 of such amount shall remain
available until expended for committee room upgrading.
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, 2018.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $181,487,000, 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, $26,268,000; 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,
$15,505,000, of which $5,618,902 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 $2,120,000 shall remain
available until expended; for salaries and expenses of the Office of
the Inspector General, $4,963,000; for salaries and expenses of the
Office of the General Counsel, $1,444,000; 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, $1,999,000; for
salaries and expenses of the Office of the Law Revision Counsel of the
House, $3,167,000; for salaries and expenses of the Office of the
Legislative Counsel of the House, $8,979,000; for salaries and expenses
of the Office of Interparliamentary Affairs, $814,000; and for other
authorized employees, $1,183,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $272,328,000, including: supplies, materials, administrative costs
and Federal tort claims, $3,625,000; official mail for committees,
leadership offices, and administrative offices of the House, $190,000;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $245,334,000, to remain available
until March 31, 2018; Business Continuity and Disaster Recovery,
$16,217,000, 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, $1,658,000;
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,
$720,000.
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 2017. Any amount remaining after all
payments are made under such allowances for fiscal year 2017 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.
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).
delivery of house telephone directory
Sec. 109. None of the funds made available by this Act may be used
to deliver a printed copy of the United States House of Representatives
Telephone Directory to the office of any Member of the House of
Representatives (including a Delegate or Resident Commissioner to the
Congress).
overseas travel to accompany members of house leadership
Sec. 110. (a) Travel Authorized.--
(1) In general.--A member of the Capitol Police may travel
outside of the United States for official duty if--
(A) that travel is with, or in preparation for,
travel of a Member of the House of Representatives who
holds a position in a House Leadership Office,
including travel of the Member as part of a
congressional delegation; and
(B) the Sergeant at Arms of the House of
Representatives gives prior approval to the travel of
the member of the Capitol Police.
(2) Definitions.--In this subsection--
(A) the term ``House Leadership office'' means an
office of the House of Representatives for which the
appropriation for salaries and expenses of the office
for the year involved is provided under the heading
``House Leadership Offices'' in the act making
appropriations for the Legislative Branch for the
fiscal year involved;
(B) the term ``Member of the House of
Representatives'' includes a Delegate or Resident
Commissioner to the Congress; and
(C) the term ``United States'' means each of the
several States of the United States, the District of
Columbia, and the territories and possessions of the
United States.
(b) Reimbursement From Sergeant at Arms.--
(1) In general.--From amounts made available for salaries
and expenses of the Office of the Sergeant at Arms of the House
of Representatives, the Sergeant at Arms of the House of
Representatives shall reimburse the Capitol Police for the
overtime pay, travel, and related expenses of any member of the
Capitol Police who travels under the authority of this section.
(2) Use of amounts received.--Any amounts received by the
Capitol Police for reimbursements under paragraph (1) shall be
credited to the accounts established for the general expenses
or salaries of the Capitol Police, and shall be available to
carry out the purposes of such accounts during the fiscal year
in which the amounts are received and the following fiscal
year.
(c) Effective Date.--This section shall apply with respect to
fiscal year 2017 and each succeeding fiscal year.
delivery of printed budget
Sec. 111. None of the funds made available by this Act may be used
to deliver a printed copy of the Budget of the United States
Government; Analytical Perspectives, Budget of the United States
Government; or the Appendix, Budget of the United States Government, to
the office of any Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress).
delivery of printed federal register
Sec. 112. None of the funds made available by this Act may be used
to deliver a printed copy of the Federal Register to a Member of the
House of Representatives (including a Delegate or Resident Commissioner
to the Congress) unless the Member requests a copy.
cybersecurity assistance for house of representatives
Sec. 113. The head of any Federal entity that provides assistance
to the House of Representatives in the House's efforts to deter,
prevent, mitigate, or remediate cybersecurity risks to, and incidents
involving, the information systems of the House shall take all
necessary steps to ensure the constitutional integrity of the separate
branches of the government at all stages of providing the assistance,
including applying minimization procedures to limit the spread or
sharing of privileged House and Member information.
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 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) $2,780,000 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,
$3,838,000, 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, $1,429,000, 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, $325,300,000 of which overtime
shall not exceed $36,805,000 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.
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, $68,000,000, 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 2017 shall be paid by the Secretary of
Homeland Security from funds available to the Department of Homeland
Security.
Administrative Provision
authority to dispose of forfeited and abandoned property and to accept
surplus or obsolete property offered by other federal agencies
Sec. 1001. (a) Section 1003(a) of the Legislative Branch
Appropriations Act, 2003 (2 U.S.C. 1906(a)) is amended by striking
``surplus or obsolete property of the Capitol Police'' and inserting
the following: ``surplus or obsolete property of the Capitol Police,
and property which is in the possession of the Capitol Police because
it has been disposed, forfeited, voluntarily abandoned, or
unclaimed,''.
(b) Upon notifying the Committees of Appropriations of the House of
Representatives and Senate, the United States Capitol Police may accept
surplus or obsolete property offered by another Federal department,
agency, or office.
(c) This section and the amendment made by this section shall apply
with respect to fiscal year 2017 and each succeeding fiscal year.
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, 2018: 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
Budget Office in connection with official representation and reception
expenses, $46,500,000.
Administrative Provision
establishment of senior level positions
Sec. 1101. (a) Notwithstanding the fourth sentence of section
201(b) of the Congressional Budget and Impoundment Control Act of 1974
(2 U.S.C. 601(b)), the Director of the Congressional Budget Office may
establish and fix the compensation of senior level positions in the
Congressional Budget Office to meet critical scientific, technical,
professional, or executive needs of the Office.
(b) Limitation on Compensation.--The annual rate of pay for any
position established under this section may not exceed the annual rate
of pay for level II of the Executive Schedule.
(c) Effective Date.--This section shall apply with respect to
fiscal year 2017 and each succeeding fiscal year.
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, $92,957,000, of which $1,368,000 shall remain available
until September 30, 2021.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $32,584,000, of which $8,584,000 shall remain available
until September 30, 2021.
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, $12,826,000, of which $2,946,000 shall remain
available until September 30, 2021.
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, $88,406,000, of which $27,944,000 shall remain available until
September 30, 2021.
House Office Buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $185,731,000, of which $61,404,000 shall
remain available until September 30, 2021, 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, $17,000,000, 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, 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, $86,646,000, of which $9,505,000 shall remain available
until September 30, 2021: 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 2017.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$47,080,000, of which $22,137,000 shall remain available until
September 30, 2021.
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 Computing Facility, and
Architect of the Capitol security operations, $20,033,000, of which
$2,500,000 shall remain available until September 30, 2021.
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, $14,067,000, of which $4,054,000 shall
remain available until September 30, 2021: 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. 1201. 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 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. 1202. 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.
flag office revolving fund
Sec. 1203. (a) Establishment.--There is established in the Treasury
of the United States a revolving fund to be known as the ``Flag Office
Revolving Fund'' (in this section referred to as the ``Fund'') for
services provided by the Flag Office of the Architect of the Capitol
(in this section referred to as the ``Flag Office'').
(b) Deposit of Fees.--The Architect of the Capitol shall deposit
any fees charged for services described in subsection (a) into the
Fund.
(c) Contents of Fund.--The Fund shall consist of the following
amounts:
(1) Amounts deposited by the Architect of the Capitol under
subsection (b).
(2) Any other amounts received by the Architect of the
Capitol which are attributable to services provided by the Flag
Office.
(3) Such other amounts as may be appropriated under law.
(d) Use of Amounts in Fund.--Amounts in the Fund shall be available
for disbursement by the Architect of the Capitol, without fiscal year
limitation, for expenses in connection with the services provided by
the Flag Office, including--
(1) supplies, inventories, equipment, and other expenses;
(2) the reimbursement of any applicable appropriations
account for amounts used from such appropriations account to
pay the salaries of employees of the Flag Office; and
(3) amounts necessary to carry out the authorized levels in
the Fallen Heroes Flag Act of 2016.
use of expired funds for unemployment compensation payments
Sec. 1204. (a) Available balances of expired Architect of the
Capitol appropriations shall be available to the Architect of the
Capitol for reimbursing the Federal Employees Compensation Account (as
established by section 909 of the Social Security Act) for any amounts
paid with respect to unemployment compensation payments for former
employees of the Architect of the Capitol, notwithstanding any other
provision of law, without regard to the fiscal year for which the
obligation to make such payments is incurred.
(b) This section shall apply with respect to fiscal year 2017 and
each succeeding fiscal year.
architect of the capitol contracting
Sec. 1205. In addition to recourses available under current
policies and procedures, the Architect of the Capitol shall establish,
document, and follow policies and procedures for suspension and
debarment of firms or individuals the Architect has determined should
be excluded from future contracts. The Architect shall provide for
notice to other government agencies of suspension or debarment actions
taken via the government-wide excluded parties system administered by
the General Services Administration. The Architect shall consult the
list of excluded parties when making responsibility determinations
prior to the award of any contract.
authority for a house office buildings shuttle
Sec. 1206. (a) The proviso in the item relating to ``Capitol
Grounds'' in title VI of the Legislative Branch Appropriations Act,
1977 (90 Stat. 1453; 2 U.S.C. 2163) is amended by striking
``appropriated under this heading'' and inserting ``appropriated for
any available account of the Architect of the Capitol''.
(b) The amendment made by subsection (a) shall apply with respect
to fiscal year 2017 and each succeeding fiscal year.
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, $457,017,000, of which
not more than $6,000,000 shall be derived from collections credited to
this appropriation during fiscal year 2017, 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 2017 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 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, $8,444,000 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: Provided further, That of the
total amount appropriated, $4,039,000 shall remain available until
September 30, 2019 to complete the first of three phases of the
shelving replacement in the Law Library's collection storage areas.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $68,825,000, of
which not more than $33,619,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2017 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 $5,929,000 shall be derived from
collections during fiscal year 2017 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 $39,548,000: Provided
further, That $6,179,000 shall be derived from prior year unobligated
balances: 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, $107,945,234: 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 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. 1301. (a) In General.--For fiscal year 2017, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $188,188,000.
(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.
library of congress national collection stewardship fund
Sec. 1302. (a) Establishment.--There is hereby established in the
Treasury of the United States, as an account for the Librarian of
Congress, the ``Library of Congress National Collection Stewardship
Fund'' (hereafter in this section referred to as the ``Fund'').
(b) Contents of Fund.--The Fund shall consist of the following
amounts:
(1) Such amounts as may be transferred by the Librarian
from available amounts appropriated for any fiscal year for the
Library of Congress under the heading ``Salaries and
Expenses''.
(c) Use of Amounts.--Amounts in the Fund may be used by the
Librarian as follows:
(1) The Librarian may use amounts directly for the purpose
of preparing collection materials of the Library of Congress
for long-term storage.
(2) The Librarian may transfer amounts to the Architect of
the Capitol for the purpose of designing, constructing,
altering, upgrading, and equipping collections preservation and
storage facilities for the Library of Congress, or for the
purpose of acquiring real property by lease for the
preservation and storage of Library of Congress collections in
accordance with section 1102 of the Legislative Branch
Appropriations Act, 2009 (2 U.S.C. 1823a).
(d) Continuing Availability of Funds.--Any amounts in the Fund
shall remain available until expended.
(e) Annual Report.--Not later than 180 days after the end of each
fiscal year, the Librarian shall submit a joint report on the Fund to
the Joint Committee on the Library and the Committees on Appropriations
of the House of Representatives and Senate.
(f) Initial 5-Year Plan.--Not later than 6 months after the date of
the enactment of this Act, the Librarian shall submit to the Joint
Committee on the Library and the Committees on Appropriations of the
House of Representatives and Senate a report providing a plan for
expenditures from the Fund for the first 5 fiscal years of the Fund's
operation.
(g) Notification of Transfers.--Prior to any transfer into the
Fund, the Librarian shall notify the Joint Committee on the Library and
the Committees on Appropriations of the House and the Senate of the
amount and origin of funds to be transferred.
(h) Effective Date.--This section shall apply with respect to
fiscal year 2017 and each succeeding fiscal year.
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 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 of Documents
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,
$29,500,000: 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 2015 and 2016 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, $7,832,000, 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 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 Government Publishing
Office'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, $544,505,919: Provided, That, in addition,
$23,350,000 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.
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 2017 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 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.
limitation on transfers
Sec. 206. 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. 207. (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 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.
computer network activity
Sec. 208. (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 to carry out criminal investigations,
prosecution, or adjudication activities, or for any committee or other
entity of Congress to carry out investigations or reports on any
matter, or for the Library of Congress or the Copyright Office to carry
out any of its responsibilities under law.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2017''.
DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2017
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $6,147,254,000, of which up to
$637,166,000 may remain available until September 30, 2018, and of
which up to $1,899,479,000 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, $2,529,387,000, of which up
to $463,417,000 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, $1,401,847,000.
(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, $757,713,000.
(4) Security programs.--For necessary expenses for security
activities, $1,458,307,000, of which up to $1,436,062,000 is
for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) 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
(B) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(6) Transfer of funds, 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 security-related training at sites in
existence prior to the enactment of this Act.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $12,600,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$87,069,000, 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,
$13,060,000 may remain available until September 30, 2018.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $634,143,000, to remain available until expended, of which
not less than $240,000,000 shall be for the Fulbright Program and not
less than $111,360,000 shall be for Citizen Exchange Program, including
$4,125,000 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 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 2017 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 in Senate Report 114-290:
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,
$30,344,000, to remain available until September 30, 2018.
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, $759,161,000, to remain
available until expended, 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 of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $358,698,000, 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 2017.
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,
as authorized, $7,900,000, to remain available until expended, 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
$2,433,545.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $1,320,000, to be derived from the reserve
authorized by such section, to be used for the purposes set out in that
section.
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, $1,262,966,000:
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 June 1, 2017, and 30 days after the end of
fiscal year 2017, the Secretary of State shall report to the Committees
on Appropriations any credits attributable to the United States,
including from the United Nations Tax Equalization Fund, and provide
updated fiscal year 2017 and fiscal year 2018 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 regular budget, 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 attributable to the
United States and provide updated assessment costs including offsets
from available credits and updated foreign currency exchange rates:
Provided further, That any payment of arrearages under this heading
shall be directed to activities that are mutually agreed upon by the
United States and the respective international organization and shall
be subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That none of the funds appropriated
under this heading shall be available for a United States contribution
to an international organization for the United States share of
interest costs made known to the United States Government by such
organization for loans incurred on or after October 1, 1984, through
external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $552,904,000, of which
15 percent shall remain available until September 30, 2018: 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 or
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 sexual exploitation and abuse 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 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 funds shall be available
for peacekeeping expenses unless the Secretary of State determines that
United States 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 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 June 1, 2017, and 30 days after the end of fiscal year
2017, the Secretary of State shall report to the Committees on
Appropriations any credits attributable to the United States, including
those resulting from United Nations peacekeeping missions or the United
Nations Tax Equalization Fund, and provide updated fiscal year 2017 and
fiscal year 2018 assessment costs including offsets from available
credits: Provided further, That any such credits shall only be
available for United States assessed contributions to United Nations
peacekeeping missions, 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 attributable 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.
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, $48,134,000.
construction
For detailed plan preparation and construction of authorized
projects, $29,400,000, 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),
$12,258,000: Provided, That of the amount provided under this heading
for the International Joint Commission, up to $500,000 may remain
available until September 30, 2018, 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, $37,502,000: 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, $772,108,000:
Provided, That in addition to amounts otherwise available for such
purposes, up to $32,501,000 of the amount appropriated under this
heading may remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than $13,800,000 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 BBG shall notify the
Committees on Appropriations within 15 days of any determination by the
BBG that any of its broadcast entities, including its grantee
organizations, provides an open platform for international terrorists
or those who support international terrorism, or is in violation of the
principles and standards set forth in subsections (a) and (b) of
section 303 of the United States International Broadcasting Act of 1994
(22 U.S.C. 6202) or the entity's journalistic code of ethics: Provided
further, That significant modifications to BBG broadcast hours
previously justified to Congress, including changes to transmission
platforms (shortwave, medium wave, satellite, Internet, and
television), for all BBG language services shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That in addition to funds made available under this
heading, and notwithstanding any other provision of law, up to
$5,000,000 in receipts from advertising and revenue from business
ventures, up to $500,000 in receipts from cooperating international
organizations, and up to $1,000,000 in receipts from privatization
efforts of the Voice of America and the International Broadcasting
Bureau, shall remain available until expended for carrying out
authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such
purposes, $9,700,000, 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.), $37,884,000, to remain available until September 30, 2018,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2017, 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, 2017, to remain available until
expended: Provided, That none of the funds appropriated herein shall
be used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September
30, 2017, 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 of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $888,000, 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, 2017: 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 seq.),
$3,500,000, to remain available until September 30, 2018, 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, 2018.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,000,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2018.
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, 2018:
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 2017 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, $1,204,609,000, of which up to
$180,691,000 may remain available until September 30, 2018: Provided,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the
United States Agency for International Development, 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, $174,985,000, 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, $67,600,000, of which up to
$10,140,000 may remain available until September 30, 2018, 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, $3,054,950,000, to remain available until September 30, 2018,
and which shall be apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be made
available for training, equipment, and technical assistance to build
the capacity of public health institutions and organizations in
developing countries, and for such activities as: (1) child survival
and maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation programs
which directly address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or orphaned
by causes other than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare for, and
respond to, unanticipated and emerging global health threats; and (8)
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; 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, 2021, 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
through 2017 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 2017 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.
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, $2,995,465,000, to remain
available until September 30, 2018.
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, $498,483,000, 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,
pursuant to section 491 of the Foreign Assistance Act of 1961,
$35,600,000, 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
available for such purposes, except that such expenses may not exceed 5
percent of the funds appropriated under this heading: Provided
further, That funds appropriated under this heading shall be subject to
the regular notification procedures of the Committees on
Appropriations, except that such notifications shall be transmitted at
least 5 days prior to the obligation of funds.
development credit authority
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$50,000,000 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
funds provided as a gift that are used for purposes of this paragraph
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: 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 cost, including if the cost
results in a negative subsidy, 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 $1,750,000,000.
In addition, for administrative expenses to carry out credit
programs administered by USAID, $10,000,000, 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,
2019.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $1,041,761,000, to
remain available until September 30, 2018.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5) of
Public Law 98-164 (22 U.S.C. 4411), $145,375,000, to remain available
until September 30, 2018, which shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds appropriated under
this heading that are made available to the National Endowment for
Democracy and its core institutes are in addition to amounts otherwise
available by this Act for such purposes: Provided further, That the
Assistant Secretary for Democracy, Human Rights, and Labor, Department
of State, shall consult with the Committees on Appropriations prior to
the obligation of funds appropriated under this paragraph.
For an additional amount for such purposes, $65,125,000, to remain
available until September 30, 2018, which 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), $291,638,000, to remain available until September
30, 2018, 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, $912,802,000, 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 $7,500,000 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)), $10,000,000, to remain available until expended.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $410,000,000, of which $5,500,000 is
for the Office of Inspector General, to remain available until
September 30, 2018: 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),
$905,000,000, 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 (MCC): 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 2017: 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 MCC Chief Executive Officer shall notify the
Committees on Appropriations not later than 15 days prior to commencing
negotiations for any country compact or threshold country program;
signing any such compact or threshold program; or terminating or
suspending any such compact or threshold program: Provided further,
That funds appropriated under this heading by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs that are available to implement section 609(g) of
the MCA shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That no country should
be eligible for a threshold program after such country has completed a
country compact: Provided further, That any funds that are deobligated
from a Millennium Challenge Compact shall be subject to the regular
notification procedures of the Committees on Appropriations prior to
re-obligation: Provided further, That notwithstanding section
606(a)(2) of the MCA, a country shall be a candidate country for
purposes of eligibility for assistance for the fiscal year if the
country has a per capita income equal to or below the World Bank's
lower middle income country threshold for the fiscal year and is among
the 75 lowest per capita income countries as identified by the World
Bank; and the country meets the requirements of section 606(a)(1)(B) of
the MCA: Provided further, That notwithstanding section 606(b)(1) of
the MCA, in addition to countries described in the preceding proviso, a
country shall be a candidate country for purposes of eligibility for
assistance for the fiscal year if the country has a per capita income
equal to or below the World Bank's lower middle income country
threshold for the fiscal year and is not among the 75 lowest per capita
income countries as identified by the World Bank; and the country meets
the requirements of section 606(a)(1)(B) of the MCA: Provided further,
That any MCC 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 MCC Web site shall be
deemed to satisfy the requirements of section 610(b)(2) of the MCA for
such Compact: Provided further, That none of the funds made available
by this Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be available for
a threshold program in a country that is not currently a candidate
country: Provided further, That of the funds appropriated under this
heading, not to exceed $100,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be available
for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $22,500,000, to remain available
until September 30, 2018: 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, 2018, 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 (22 U.S.C. 290h-3(a)(2)), 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 Development Foundation 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, $30,000,000, to remain available
until September 30, 2019, 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, $889,664,000, to remain available until
September 30, 2018: Provided, 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 such 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 $72,565,000 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 of the funds appropriated under this
heading, not less than $7,000,000 shall be made available, on a
competitive basis, for rule of law programs for transitional and post-
conflict states, and for activities to coordinate rule of law programs
among foreign governments, international and nongovernmental
organizations, and other United States Government agencies: 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, $500,696,000, to remain
available until September 30, 2018, 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
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 made available,
notwithstanding any other provision of law and subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament, and weapons
destruction, and shall remain available until expended: Provided
further, That such funds may also be used for such countries other than
the Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the
United States to do so: Provided further, That funds appropriated
under this heading may be made available for the IAEA unless the
Secretary of State determines that Israel is being denied its right to
participate in the activities of that Agency: Provided further, That
funds made available for conventional weapons destruction programs,
including demining and related activities, in addition to funds
otherwise available for such purposes, may be used for administrative
expenses related to the operation and management of such programs and
activities, 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, $135,041,000: 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 $34,500,000 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, $110,300,000, of which up to
$6,000,000 may remain available until September 30, 2018: Provided,
That the civilian personnel for whom military education and training
may be provided under this heading may include civilians who are not
members of a government whose participation would contribute to
improved civil-military relations, civilian control of the military, or
respect for human rights: Provided further, That of the funds
appropriated under this heading, not to exceed $55,000 may be available
for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$4,785,805,000: 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: Provided further, That funds appropriated under this
heading for grants only for Israel in fiscal year 2017 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), section 2282 of title 10, United States Code, section 333 of
title 10, United States Code, as added by section 1241 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328), or
any successor authorities, unless the Secretary of State, in
coordination with the Secretary of Defense, has justified such program
to the Committees on Appropriations: Provided further, That funds
appropriated or otherwise made available under this heading shall be
nonrepayable notwithstanding any requirement in section 23 of the Arms
Export Control Act: Provided further, That funds made available under
this heading shall be obligated upon apportionment in accordance with
paragraph (5)(C) of section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That funds made available
under this heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided further,
That only those countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may utilize
funds made available under this heading for procurement of defense
articles, defense services, or design and construction services that
are not sold by the United States Government under the Arms Export
Control Act: Provided further, That funds appropriated under this
heading shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That not
more than $80,000,000 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
$920,200,000 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 2017 pursuant to section 43(b)
of the Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $339,000,000:
Provided, That section 307(a) of the Foreign Assistance Act of 1961
shall not apply to contributions to the United Nations Democracy Fund.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $146,563,000, 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.
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,
$5,963,421, to remain available until expended.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion of
the increase in capital stock, $21,939,727, 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, $99,233,000, to remain available
until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $32,418,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $507,860,808.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $214,332,000, 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, $30,000,000, 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, $23,000,000, to remain available until
expended.
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, $5,700,000, to remain available until September 30, 2018.
program account
The Export-Import 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 $110,000,000: Provided, That the Export-Import Bank (the Bank)
may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That 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 2017 in
excess of obligations, up to $10,000,000 shall become available on
September 1, 2017, and shall remain available until September 30, 2020.
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 $70,000,000: 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 2017, 2018, and 2019:
Provided further, That funds so obligated in fiscal year 2017 remain
available for disbursement through 2025; funds obligated in fiscal year
2018 remain available for disbursement through 2026; and funds
obligated in fiscal year 2019 remain available for disbursement through
2027: 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, $75,000,000, to remain available
until September 30, 2018: 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 $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 2017 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by
this section shall be submitted not later than 30 days after the end of
each fiscal quarter and 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 Information.--The
Secretary of State shall promptly inform the Committees on
Appropriations of each instance in which a Federal department or agency
is delinquent in providing the full amount of funding required by
section 604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865 note).
(b) Exception.--Notwithstanding paragraph (2) of section 604(e) 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), as amended by section 111 of the
Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-
323), a project to construct a facility of the United States may
include office space or other accommodations for members of the United
States Marine Corps.
(c) New Diplomatic Facilities.--For the purposes of calculating the
fiscal year 2017 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 contribution of
the Department of State 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 United States diplomatic facilities during
fiscal year 2017, 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 114-693 and Senate
Report 114-290: 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 2017, 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) 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 United States diplomatic 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 for Diplomatic Security, Department of State, in
consultation with the Director of the Bureau of Overseas
Buildings Operations, Department of State: 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 United States 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.
(f) Transfer of Funds 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.
(g) Soft Targets.--Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be made
available for security upgrades to soft targets, including schools,
recreational facilities, and residences used by United States
diplomatic personnel and their dependents, except that the amount made
available for such purposes shall be a minimum of $10,000,000:
Provided, That the uses of such funds should be the responsibility of
the Assistant Secretary for Diplomatic Security, Department of State,
in consultation with the Director of the Bureau of Overseas Building
Operations.
(h) 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 2017.
(2) Within 45 days of enactment of this Act and every 4
months thereafter until September 30, 2018, 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) a detailed breakout of the project factors that
formed the basis of the initial cost estimate used to
justify such project to the Committees on
Appropriations, as described under the heading
``Embassy Security Construction and Maintenance'' in
House Report 114-693;
(B) a comparison of the current project factors as
compared to the project factors submitted pursuant to
subparagraph (A) of this subsection, and an explanation
of any changes; and
(C) the impact of currency exchange rate
fluctuations on project costs.
(i) Strengthening Oversight.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs under the heading ``Diplomatic and
Consular Programs'' for Worldwide Security Protection shall be made
available to strengthen oversight of the local guard force at a
critical post abroad through the use of United States Government
employees or contractors who are United States citizens: Provided,
That such funds are in addition to funds otherwise made available by
such Acts for such purposes: Provided further, That the total annual
operating costs associated with providing such oversight in fiscal year
2017 and subsequent fiscal years shall be shared among agencies through
the International Cooperative Administrative Support Services program:
Provided further, That not later than 45 days after enactment of this
Act, and prior to the obligation of funds for such purposes, the
Secretary of State shall consult with the Committees on Appropriations
on plans to carry out the requirement of this subsection: Provided
further, That amounts made available pursuant to this subsection from
prior Acts making appropriations for the Department of State, foreign
operations, and related programs that were previously designated by the
Congress for Overseas Contingency Operation/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of such Act.
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.
department of state management
Sec. 7006. (a) Financial Systems Improvement.--Funds appropriated
by this Act for the operations of the Department of State under the
headings ``Diplomatic and Consular Programs'' and ``Capital Investment
Fund'' shall be made available to implement the recommendations
contained in the Foreign Assistance Data Review Findings Report (FADR)
and the Office of Inspector General (OIG) report entitled ``Department
Financial Systems Are Insufficient to Track and Report on Foreign
Assistance Funds'': Provided, That not later than 45 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations a plan, including timeline and costs, for
implementing the FADR and OIG recommendations: Provided further, That
such funds may not be obligated for enhancements to, or expansions of,
the Budget System Modernization Financial System, Central Resource
Management System, Joint Financial Management System, or Foreign
Assistance Coordination and Tracking System until such plan is
submitted to the Committees on Appropriations: Provided further, That
such funds may not be obligated for new, or expansion of existing, ad
hoc electronic systems to track commitments, obligations or
expenditures of funds unless the Secretary of State, following
consultation with the Chief Information Officer of the Department of
State, has reviewed and certified that such new system or expansion is
consistent with the FADR and OIG recommendations.
(b) 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 2017: Provided, That the
amounts for such service centers shall be the amounts included in such
budget justification, 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 prior to increasing the percentage charged to
Department of State bureaus and offices for procurement-related
activities, the Secretary of State shall include the proposed increase
in the Department of State budget justification or, at least 60 days
prior to the increase, provide the Committees on Appropriations a
justification for such increase, including a detailed assessment of the
cost and benefit of the services provided by the procurement fee:
Provided further, That Federal agency components may only pay for
Working Capital Fund services that are consistent with the purpose and
authorities of such components: 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.
(c) Certification Requirement.--Not later than 45 days after the
initial obligation of funds appropriated under titles III and IV of
this Act that are made available to a Department of State bureau or
office with responsibility for the oversight or management of such
funds, the Secretary of State shall certify and report to the
Committees on Appropriations, on an individual bureau or office basis,
that such bureau or office is in compliance with Department and Federal
financial management policies, procedures and regulations, as
appropriate: Provided, That if the Secretary is unable to make such
certification for an individual bureau or office, the Secretary shall
submit a plan and timeline to such Committees detailing the steps to be
taken to ensure such compliance.
(d) Report on Sole Source Awards.--Not later than December 31,
2017, the Secretary of State shall submit a report to the appropriate
congressional committees detailing all sole-source awards made by the
Department of State during the previous fiscal year in excess of
$2,000,000: Provided, That such report should be posted on the
Department of State Web site.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to
such government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination
of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply
to assistance to promote democratic elections or public participation
in democratic processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.
transfer of funds 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 Agencies.--Not to exceed 5 percent of any
appropriation other than for administrative expenses made available for
fiscal year 2017, 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 of Funds 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 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 or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs under the headings ``Global Health Programs'',
``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided, That the requirement
in the previous sentence shall not apply to agreements entered
into between USAID and the Department of State.
(d) Transfer of Funds Between Accounts.--None of the funds made
available under titles II through V of this Act may be obligated under
an appropriations 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 of Funds.--Any agreement for
the transfer or allocation of funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations and related programs, 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, 2016 (division K of Public Law
114-113) 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 certain operational expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by employees
of United States Government departments and agencies funded by this Act
in contravention of section 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
(b) Computer Networks.--None of the funds made available by this
Act for the operating expenses of any United States Government
department or agency may be used to establish or maintain a computer
network for use by such department or agency unless such network has
filters designed to block access to sexually explicit Web sites:
Provided, That nothing in this subsection shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency, or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such Web sites
undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made
available 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.
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 by this Act:
Provided, That funds appropriated for the purposes of chapters 1 and 8
of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the
Foreign Assistance Act of 1961, section 23 of the Arms Export Control
Act, and funds provided under the headings ``Development Credit
Authority'' and ``Assistance for Europe, Eurasia and Central Asia''
shall remain available for an additional 4 years from the date on which
the availability of such funds would otherwise have expired, if such
funds are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
for an additional 4 years from the date on which the availability of
such funds would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
the Secretary of State shall provide a report to the Committees on
Appropriations not later than October 30, 2017, 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 and the Administrator of the United States Agency
for International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An amount
equivalent to 200 percent of the total taxes assessed during fiscal
year 2017 on funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs by a foreign government or entity against United
States assistance programs, either directly or through grantees,
contractors, and subcontractors shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2018 and for prior
fiscal years and allocated for the central government of such country
or for the West Bank and Gaza program if, not later than September 30,
2018, such taxes have not been reimbursed: Provided, That the
Secretary of State shall report to the Committees on Appropriations by
such date on the foreign governments and entities that have not
reimbursed such taxes, including any amount of funds withheld pursuant
to this subsection.
(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 foreign government 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
foreign government or entity that assesses such taxes if the
Secretary of State reports to the Committees on Appropriations
that--
(A) such foreign government or entity 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
foreign government 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 of the United States
Government, 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, including rules, regulations, and policy guidance
issued pursuant to subsection (f).
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible
by operation of any provision of this or any other Act: Provided, That
any such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department of
State or the United States Agency for International Development 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 prior Acts making appropriations for the Department of
State, foreign operations, and related programs to the departments and
agencies funded by this Act that remain available for obligation in
fiscal year 2017, 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
departments and agencies 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 prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, to the departments and agencies funded under titles I
and II of this Act that remain available for obligation in fiscal year
2017, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the department
and agency funded under title I of this Act, shall be available for
obligation or expenditure for activities, programs, or projects through
a reprogramming of funds in excess of $1,000,000 or 10 percent,
whichever is less, that--
(1) augments 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 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; 119 Stat. 3456), section 2282 of title 10, United States Code,
section 333 of title 10, United States Code, as added by section 1241
of the National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328), or any successor authorities, 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, Philippines, 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) Trust Funds.--Funds appropriated or otherwise made available in
title III of this Act and prior Acts making funds available for the
Department of State, foreign operations, and related programs that are
made available for a trust fund held by an international financial
institution as defined by section 7034(r)(3) of this Act shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided, That such notification shall include the
information specified under this section in the explanatory statement
described in section 4 (in the matter preceding division A of this
Consolidated Act).
(h) Pilot Program Notification Requirement.--Funds appropriated
under Title I of this Act under the heading ``Diplomatic and Consular
Programs'' that are made available for a pilot program for lateral
entry into the Foreign Service shall be subject to prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations.
(i) 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.
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, shall remain available
for obligation until September 30, 2019: 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 Congress in the report
required by section 653(a) of the Foreign Assistance Act of 1961.
(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 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 Foreign Assistance Act of 1961, no deviations authorized
by subsection (b) may take place until submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International Military
Education and Training'' in the respective tables
included in the explanatory statement described in
section 4 (in the matter preceding division A of this
Consolidated Act); and
(B) funds for which the initial period of
availability has expired.
(2) The authority in subsection (b) to deviate below
amounts designated in the respective tables included in the
joint explanatory statement described in section 4 (in the
matter preceding division A of this Consolidated Act) shall not
apply to the table included under the heading ``Global Health
Programs'' in such joint explanatory statement.
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
interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation
of the assistance to be provided, the estimated dollar amount
of such assistance, and an explanation of how the assistance
furthers United States national interest.
(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 (8 U.S.C. 1189).
(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
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
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'', ``Assistance for Europe, Eurasia and Central Asia'', and
``Foreign Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country, regional, and
central program level funding within each such account; and for the
development assistance accounts of the United States Agency for
International Development, ``program, project, and activity'' shall
also be considered to include central, country, regional, and program
level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961 or as
modified pursuant to section 7019 of this Act.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the
Export-Import Bank and the Overseas Private Investment Corporation
shall be obligated or expended to finance any loan, any assistance, or
any other financial commitments for establishing or expanding
production of any commodity for export by any country other than the
United States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is expected to
become operative and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the Export-Import
Bank if in the judgment of its Board of Directors the benefits to
industry and employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the Committees on
Appropriations: Provided further, That this subsection shall not
prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
(c) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive directors of the
international financial institutions, as defined in section 7034(r)(3)
of this Act, to use the voice and vote of the United States to oppose
any assistance by such institutions, using funds appropriated or made
available by this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world markets
and if the assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(5) Reporting requirement.--The USAID Administrator shall
report as part of the congressional budget justification
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 such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2017, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the Food
for Peace Act (Public Law 83-480): Provided, That none of the funds
appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for Local
Entities.--Funds appropriated by this Act that are made available to
the United States Agency for International Development 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 to the
appropriate congressional committees not later than 45 days after the
end of fiscal year 2017 on all awards subject to limited or no
competition for local entities: Provided, That such report should be
posted on the USAID Web site: Provided further, That the requirements
of this subsection shall only apply to awards in excess of $3,000,000
and sole source awards to local entities in excess of $2,000,000.
(c) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74), as amended,
shall continue in effect during fiscal year 2017.
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 45 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.--
(1) 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.
(2) The Secretary of the Treasury should instruct the
United States executive director of each international
financial institution to vote against loans or other financing
for projects unless such projects--
(A) provide for accountability and transparency,
including the collection, verification and publication
of beneficial ownership information related to
extractive industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in accordance
with best practices regarding environmental
conservation; cultural protection; and empowerment of
local populations, including free, prior and informed
consent of affected indigenous communities;
(C) do not provide incentives for, or facilitate,
forced displacement; and
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed forces.
(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 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 from any such
financial institution: Provided, That not later than 45 days after
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations on steps taken by the United States
executive directors and the international financial institutions
consistent with this subsection.
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to seek to require that each such institution is
effectively implementing and enforcing policies and procedures which
reflect best practices for the protection of whistleblowers from
retaliation, including best practices for--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven
retaliation.
debt-for-development
Sec. 7030. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if--
(A)(i) each implementing agency or ministry to
receive assistance has been assessed and is considered
to have the systems required to manage such assistance
and any identified vulnerabilities or weaknesses of
such agency or ministry have been addressed;
(ii) the recipient agency or ministry employs and
utilizes staff with the necessary technical, financial,
and management capabilities;
(iii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iv) effective monitoring and evaluation systems
are in place to ensure that such assistance is used for
its intended purposes;
(v) no level of acceptable fraud is assumed; and
(vi) the government of the recipient country is
taking steps to publicly disclose on an annual basis
its national budget, to include income and
expenditures;
(B) the recipient government is in compliance with
the principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed
or controlled by an organization designated as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189);
(D) the Government of the United States and the
government of the recipient country have agreed, in
writing, on clear and achievable objectives for the use
of such assistance, which should be made available on a
cost-reimbursable basis; and
(E) the recipient government is taking steps to
protect the rights of civil society, including freedoms
of expression, association, and assembly.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), no funds may be made available
for direct government-to-government assistance without prior
consultation with, and notification of, the Committees on
Appropriations: Provided, That such notification shall contain
an explanation of how the proposed activity meets the
requirements of paragraph (1): Provided further, That the
requirements of this paragraph shall only apply to direct
government-to-government assistance in excess of $10,000,000
and all funds available for cash transfer, budget support, and
cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the
United States Agency for International Development 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 2018 congressional budget justification
materials, amounts planned for assistance described in
paragraph (1) by country, proposed funding amount, source of
funds, and type of assistance.
(5) Report.--Not later than 90 days after the enactment of
this Act and 6 months thereafter until September 30, 2018, 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 by the government of any
foreign country for debt service payments owed by any country
to any international financial institution: Provided, That for
purposes of this paragraph, the term ``international financial
institution'' has the meaning given the term in section
7034(r)(3) of this Act.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen the
``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Definition.--For purposes of paragraph (1), ``minimum
requirements of fiscal transparency'' are requirements
consistent with those in subsection (a)(1), and the public
disclosure of national budget documentation (to include
receipts and expenditures by ministry) and government contracts
and licenses for natural resource extraction (to include
bidding and concession allocation practices).
(3) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall make
or update any determination of ``significant progress'' or ``no
significant progress'' in meeting the minimum requirements of
fiscal transparency, and make such determinations publicly
available in an annual ``Fiscal Transparency Report'' to be
posted on the Department of State Web site: Provided, That the
Secretary shall identify the significant progress made by each
such government to publicly disclose national budget
documentation, contracts, and licenses which are additional to
such information disclosed in previous fiscal years, and
include specific recommendations of short- and long-term steps
such government should take to improve fiscal transparency:
Provided further, That the annual report shall include a
detailed description of how funds appropriated by this Act are
being used to improve fiscal transparency, and identify
benchmarks for measuring progress.
(4) Assistance.--Funds appropriated under title III of this
Act shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency: Provided, That such sums shall be in addition to
funds otherwise 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 shall 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) Networks of Corruption.--If the Secretary of State has credible
information of networks of corruption involving the participation of,
or support from, a senior official in a country that receives
assistance funded by this Act under titles III or IV, the Secretary
shall submit a report to the Committees on Appropriations describing
such networks, which shall include the information required under the
heading ``Economic Support Fund'' in Senate Report 114-290.
(e) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246; 122 Stat. 2052) and to prevent the sale of
conflict diamonds, and provide technical assistance to promote
independent audit mechanisms and support civil society
participation in natural resource management.
(2) United states policy.--
(A) The Secretary of the Treasury shall inform the
management of the international financial institutions,
and post on the Department of the Treasury Web site,
that it is the policy of the United States to vote
against any assistance by such institutions (including
any loan, credit, grant, or guarantee) 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.
(f) 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 and Strategy.--
(1) Of the funds appropriated by this Act under the
headings ``Development Assistance'', ``Economic Support Fund'',
``Democracy Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', and ``International Narcotics Control and Law
Enforcement'', not less than $2,308,517,000 shall be made
available for democracy programs.
(2) Not later than 180 days after enactment of this Act,
the Secretary of State, in consultation with the relevant heads
of other United States Government agencies, shall submit to the
appropriate congressional committees a comprehensive, multi-
year strategy for the promotion of democracy abroad, to include
the identification of the national interest served by such
activity, and the specific roles and responsibilities of such
agencies in implementing the strategy.
(b) Authority.--Funds made available by this Act for democracy
programs may be made available notwithstanding any other provision of
law, and with regard to the National Endowment for Democracy (NED), any
regulation.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and religion,
human rights, labor rights, independent media, and the rule of law, and
that otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states, and
institutions that are responsive and accountable to citizens.
(d) 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 USAID Administrator, 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) 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 USAID-funded civil society and political competition and consensus
building programs.
(g) Country Strategy Strategic Reviews.--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--
(1) specific goals and objectives for such program,
including a specific plan and timeline to measure impacts;
(2) 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
(3) the funding requirements to initiate and sustain such
program in fiscal year 2017 and subsequent fiscal years, as
appropriate:
Provided, That for the purposes of this subsection, the term
``nondemocratic or democratic transitioning country'' shall have the
same meaning as in section 2104(6) of Public Law 110-53.
(h) Communication and Reporting Requirements.--
(1) 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.
(2) Report on funding instruments.--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, 2016 (division K of
Public Law 114-113), which shall include funding level,
account, program sector and subsector, and a brief summary of
purpose.
(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.--
(1) Funds appropriated by this Act under the heading
``Diplomatic and Consular Programs'' shall be made available
for the Office of International Religious Freedom, Bureau of
Democracy, Human Rights, and Labor, Department of State, the
Office of the Ambassador-at-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), including for support
staff at not less than the amounts specified for such offices
in the table under such heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this Consolidated Act).
(2) Funds appropriated under the heading ``Diplomatic and
Consular Programs'' and designated for the Office of
International Religious Freedom shall be made available for the
development and implementation of an international religious
freedom curriculum in accordance with the criteria specified
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.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $10,000,000 shall be made available for
programs to protect vulnerable and persecuted religious
minorities: Provided, That a portion of such funds shall be
made available for programs to investigate the persecution of
such minorities by governments and non-state 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
for humanitarian assistance for vulnerable and persecuted
religious minorities, including victims of genocide designated
by the Secretary of State and other groups that have suffered
crimes against humanity and ethnic cleansing, to--
(A) accelerate the implementation of an immediate,
coordinated, and sustained response to provide
humanitarian assistance;
(B) enhance protection of conflict victims,
including those facing a dire humanitarian crisis and
severe persecution because of their faith or ethnicity;
and
(C) improve access to secure locations for
obtaining humanitarian and resettlement services.
(4) Transitional justice, reconciliation, and reintegration
programs in the middle east and north africa regions.--
(A) Not later than 90 days after enactment of this
Act and after consultation with relevant central
governments in the Middle East and North Africa
regions, the Secretary of State shall submit to the
Committees on Appropriations a plan for transitional
justice, reconciliation, and reintegration programs for
vulnerable and persecuted religious minorities in such
regions: Provided, That such plan shall include a
description of actions to be taken by such governments
to safeguard and promote the political and economic
rights of such minorities, including the return,
rehabilitation, and protection of property in areas of
conflict.
(B) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made
available for assistance for Iraq and Syria, not less
than $5,000,000 shall be made available to support the
implementation of the plan required by subparagraph
(A): Provided, That such funds shall be matched, to
the maximum extent practicable, from sources other than
the United States Government.
(5) Responsibility of funds.--Funds made available by
paragraphs (1), (2), and (4) 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.--Funds appropriated by this Act under
the headings ``Economic Support Fund'' and ``International Narcotics
Control and Law Enforcement'' shall be made available for programs to
prevent atrocities and to implement the recommendations of the
Atrocities Prevention Board, including with respect to the evaluation
required by section 7033(d) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2016 (division K
of Public Law 114-113): Provided, That the Under Secretary for
Civilian Security, Democracy, and Human Rights, Department of State,
shall be responsible for providing the strategic policy direction for,
and policy oversight of, funds made available pursuant to this
subsection to the Bureaus of International Narcotics Control and Law
Enforcement and Democracy, Human Rights, and Labor, Department of
State: Provided further, That such funds shall be subject to the
regular notification procedures of the Committees on Appropriations.
(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) Funding Clarification.--Funds made available pursuant to
subsections (b) and (d) are in addition to amounts otherwise made
available for such purposes.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in titles III and VI of this Act that are
made available for victims of war, displaced children, displaced
Burmese, and to combat trafficking in persons and assist victims of
such trafficking, may be made available notwithstanding any other
provision of law.
(b) Law Enforcement and Security.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations that
include child soldiers.
(2) Crowd control items.--Funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries
undergoing democratic transition.
(3) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J of
Public Law 113-235) shall continue in effect during fiscal year
2017.
(4) Forensic assistance.--
(A) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$6,500,000 shall be made available for forensic
anthropology assistance related to the exhumation of
mass graves and the identification of victims of war
crimes, genocide, and crimes against humanity,
including in Iraq, Guatemala, Colombia, El Salvador,
Syria, 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 $6,000,000 shall be made
available for DNA forensic technology programs to
combat human trafficking in Central America and Mexico.
(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 2017.
(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 2016, by country and
purpose of assistance, under the headings ``Peacekeeping
Operations'', ``International Military Education and
Training'', and ``Foreign Military Financing Program''.
(8) Foreign military sales and foreign military financing
program.--
(A) Availability.--Funds appropriated by this Act
under the heading ``Foreign Military Financing
Program'' for the general costs of administering
military assistance and sales shall be made available
to increase the efficiency and effectiveness of
programs authorized by Chapter 2 of the Arms Export
Control Act: Provided, That prior to the obligation of
funds for such purposes, the Secretary of State shall
consult with the Committees on Appropriations.
(B) Review and report.--The Secretary of State, in
coordination with the Secretary of Defense, shall
review the resources, personnel, and practices of the
Departments of State and Defense that are associated
with administering military assistance and sales
programs and, not later than 120 days after enactment
of this Act, submit to the appropriate congressional
committees a report on steps taken or planned to be
taken to increase the efficiency and effectiveness of
such programs.
(C) Quarterly status report.--Following the
submission of the quarterly report required by section
36 of Public Law 90-629 (22 U.S.C. 2776), the Secretary
of State, in coordination with the Secretary of
Defense, shall submit to the Committees on
Appropriations a status report that contains the
information described under this heading in the
explanatory statement described in section 4 (in the
matter preceding division A of this Consolidated Act).
(D) Foreign military financing program loans.--Not
later than 60 days after enactment of this Act, the
Secretary of State, in coordination with the Secretary
of Defense, shall submit to the Committees on
Appropriations a report assessing the potential impact
of transitioning assistance made available by this Act
under the heading ``Foreign Military Financing
Program'' from grants to loans, including the budgetary
and diplomatic impacts, and the extent to which such
transition would affect the foreign policy interest of
the United States: Provided, That such report shall
also include an assessment of the impact of proposals
included in the fiscal year 2018 congressional budget
justification that would transition such assistance
from grants to loans.
(9) Vetting report.--
(A) Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to
the appropriate congressional committees on foreign
assistance cases submitted for vetting for purposes of
section 620M of the Foreign Assistance Act of 1961
during the preceding fiscal year, including--
(i) the total number of cases submitted,
approved, suspended, or rejected for human
rights reasons; and
(ii) for cases rejected, 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.
(10) 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.
(11) Proliferation security initiative.--Funds appropriated
by this Act under the heading ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' shall be made
available for programs to increase international participation
in the Proliferation Security Initiative (PSI) and endorsement
of the PSI Statement of Interdiction Principles: Provided,
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 steps to be taken to implement the
requirements of this paragraph.
(12) Authority to counter extremism.--Funds made available
by this Act under the heading ``Economic Support Fund'' to
counter extremism may be made available notwithstanding any
other provision of law restricting assistance to foreign
countries, except sections 502B and 620A of the Foreign
Assistance Act of 1961: Provided, That the Secretary of State,
or the USAID Administrator, as appropriate, shall consult with
the Committees on Appropriations prior to exercising the
authority of this paragraph.
(c) World Food Programme.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States Agency
for International Development, 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 and tribunals.--
(A) 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.
(B) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$3,500,000 shall be made available, on a competitive
basis, for reimbursement of costs related to research
and documentation in support of the activities of
international tribunals established to try cases of war
crimes, genocide, and crimes against humanity.
(3) Additional authorities.--Of the amounts made available
by title I of this Act under the heading ``Diplomatic and
Consular Programs'', up to $500,000 may be made available for
grants pursuant to section 504 of Public Law 95-426 (22 U.S.C.
2656d), including to facilitate collaboration with indigenous
communities, and up to $1,000,000 may be made available for
grants to carry out the activities of the Cultural Antiquities
Task Force.
(4) Authority.--The USAID Administrator 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 2017: 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.--
(1) In lieu of the requirements in the second and third
provisos of section 7034(e) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2016
(division K of Public Law 114-113), not later than 60 days
after enactment of this Act, the Secretary of State and the
USAID Administrator shall jointly submit a report to the
Committees on Appropriations, in classified form if necessary,
detailing the findings, conclusions, and recommendations of the
evaluation of the Partner Vetting System pilot program and
recommendations for any new partner vetting program: Provided,
That prior to the submission of the report, the Secretary and
Administrator shall jointly consult with the Committees on
Appropriations, and also consult with representatives of
implementing organizations, on such findings, conclusions, and
recommendations.
(2) The Secretary of State and USAID Administrator may
initiate a partner vetting program to mitigate the risk of
diversion of foreign assistance, or make significant
modifications to any existing partner vetting program, only
following consultation with the Committees on Appropriations:
Provided, That the Secretary and Administrator should provide a
direct vetting option for prime awardees in any partner vetting
program initiated after the date of the enactment of this Act.
(f) Contingencies.--During fiscal year 2017, 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) Cultural Preservation Project Determination.--None of the funds
appropriated in titles I and III of this Act may be used for the
preservation of religious sites unless the Secretary of State or the
USAID Administrator, as appropriate, 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.
(i) Transfer of Funds 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 2017, 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 2017.
(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, 2017'' for ``September 30, 2010''.
(2) 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, 2017.
(3) 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,
2017'' for ``October 1, 2010'' in subparagraph (B).
(4) 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, 2017.
(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.
(5) 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
2016'' and inserting ``2016, and 2017''; and
(ii) in subsection (e), by striking
``2016'' each place it appears and inserting
``2017''; and
(B) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2016'' and inserting
``2017''.
(6) 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, 2017.
(7) 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 ``2017'' and inserting
``2018''.
(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 2017'' and inserting ``2017, and 2018''.
(8) Modification of life insurance supplement.--Section
415(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3975(a)(1)) is amended by adding--``The group life insurance
supplement employee benefit paid or scheduled to be paid
pursuant to this section should not be used to reduce any other
payment to which a recipient is otherwise eligible under
Federal law.''.
(l) Department of State and the United States Agency for
International Development.--Prior to implementing any reorganization of
the Department of State or the United States Agency for International
Development, including any action taken pursuant to the March 31, 2017
Executive Order 13781 on a Comprehensive Plan for Reorganizing the
Executive Branch, the Secretary of State shall submit a report to the
Committees on Appropriations on such reorganization: Provided, That
such report shall include a detailed justification and analysis
containing--
(1) the impact on personnel, both foreign service and civil
service;
(2) the process used to identify the merger, closing or
termination of any operating unit, including the process used
to assess the impact of such action on programs, projects, and
activities funded by this Act;
(3) the impact any such merger, closing or termination
would have on the ability to conduct adequate monitoring and
oversight of foreign assistance programs; and
(4) the national security interest served by each such
merger, closing or termination, including a determination that
such merger, closing or termination will not expand the
influence of any adversary or competitor of the United States,
including foreign terrorist organizations.
(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 and
inform the Department of State or USAID, as appropriate, of such
procedures.
(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 Appropriation 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) Loans 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, Iraq, Egypt, and
Tunisia, which are authorized to be provided: Provided, That
amounts made available under this paragraph for the costs of
such guarantees shall not be considered assistance for the
purposes of provisions of law limiting assistance to a country.
(2) Enterprise funds.--Funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available to
establish and operate one or more enterprise funds for Egypt
and Tunisia: 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, 2027.
(3) Designation requirement.--Funds made available pursuant
to paragraph (1) from prior Acts making appropriations for the
Department of State, foreign operations, and related programs
that were previously 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 are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of such Act.
(4) Consultation and notification.--Funds made available
pursuant to the authorities of 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) Small Grants and Entities.--
(1) Of the funds appropriated by this Act under the
headings ``Development Assistance'', ``Economic Support Fund'',
and ``Assistance for Europe, Eurasia and Central Asia'', not
less than $47,000,000 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), which may remain
available until September 30, 2021.
(2) For the purposes of section 7080 of division J 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 from USAID over the previous 5 fiscal years:
Provided, That departments or centers of such educational
institutions may be considered individually in determining such
eligibility.
(q) Exception.--Notwithstanding section 201 of the Security
Assistance Appropriations Act, 2017 (division B of Public Law 114-254),
funds appropriated or otherwise made available by title II of such Act
are in addition to amounts specifically designated by this Act or in
the respective tables in the explanatory statement described in section
4 (in the matter preceding division A of this Consolidated Act).
(r) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the
term ``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs'' means funds that remain available for
obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means 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) Southern kordofan reference.--Any reference to Southern
Kordofan in this or any other Act making appropriations for the
Department of State, foreign operations, and related programs
shall be deemed to include portions of Western Kordofan that
were previously part of Southern Kordofan prior to the 2013
division of Southern Kordofan.
(5) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
(6) Clarification.--Unless otherwise provided for in this
Act, for the purposes of this Act the terms ``under this
heading'', ``under the heading'', ``under the headings'', or
similar phrases mean funds appropriated or otherwise made
available under such heading or headings in all titles of this
Act: Provided, That the term ``under the heading in this
title'' or similar phrases means funds appropriated or
otherwise made available only in such title.
(7) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, and a timeline
for achieving such goals;
(B) amounts and sources of funds by account;
(C) criteria for measuring progress in achieving
such goals;
(D) how such funds will complement other ongoing or
planned programs; and
(E) implementing partners, to the maximum extent
practicable.
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;
(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 2017, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to
be involved in, or advocating terrorist activity or determined to be a
member of a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been established for
security assistance for the West Bank and Gaza and reports on
the extent of Palestinian compliance with such benchmarks.
(d) Audits by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act up to $500,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds are
in addition to funds otherwise available for such purposes.
(e) Comptroller General of the United States Audit.--Subsequent to
the certification specified in subsection (a), the Comptroller General
of the United States shall conduct an audit and an investigation of the
treatment, handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash transfer
assistance, in fiscal year 2017 under the heading ``Economic Support
Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
(g) Report.--Not later than 180 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of chapter
2 of title II of the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law
109-13).
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll, and the Palestinian
Authority is acting to counter incitement of violence against Israelis
and is supporting activities aimed at promoting peace, coexistence, and
security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with Hamas
and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446)
with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for 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
$112,500,000 may be made available for assistance for
Egypt, of which not less than $35,000,000 should be
made available for higher education programs including
not less than $10,000,000 for scholarships for Egyptian
students with high financial need to attend not-for-
profit institutions of higher education: 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, 2018, 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.
(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 submit a report to the
Committees on Appropriations on any plan to restructure
military assistance for Egypt, which should include an
assessment of the potential benefits of such
restructuring on the capabilities of the Egyptian
military, and a description of any planned
modifications regarding the procurement of military
equipment.
(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 2017.
(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 providing
significant support for the development of a ballistic
missile by the Government of Iran after October 1,
2015, including shipping and financing, and note
whether such entities are 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) The Secretary of State, in consultation with
the Secretary of the Treasury, shall submit to the
appropriate congressional committees the report on Iran
contained in section 7041(b)(3)(C) of S. 3117, the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (as introduced in the
Senate on June 29, 2016), in the manner described.
(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 the
Kurdistan Region of Iraq and other areas impacted by the
conflict in Syria, and among religious and ethnic minority
populations in Iraq.
(2) Explosive ordnance disposal programs.--Funds
appropriated by this Act under the heading ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'' shall be made
available for explosive ordnance disposal programs in areas
liberated from extremist organizations in Iraq.
(3) Kurdistan regional government.--
(A) 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
shall be made available to enhance the capacity of
Kurdistan Regional Government security services and for
security programs in the Kurdistan Region of Iraq 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.
(B) Funds appropriated by this Act under the
headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' should be made
available for assistance for the Kurdistan Region of
Iraq to address the needs of internally displaced
persons (IDPs) and refugees: Provided, That funds
appropriated by this Act under the heading ``Economic
Support Fund'' shall be made available for programs to
mitigate the impact of such IDPs and refugees in such
Region, including for assistance for communities
hosting such persons.
(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) Israel.--Title II of the Security Assistance Appropriations
Act, 2017 (division B of Public Law 114-254), under the heading
``Foreign Military Financing Program'', is amended by inserting after
``Middle East'' and before the colon the following, ``, of which
$75,000,000 shall be made available for grants only for Israel in
fiscal year 2017'': Provided, That amounts that were previously
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 are designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of such Act.
(e) Jordan.--
(1) Funding levels.--Of the funds appropriated by this Act
under titles III and IV, not less than $1,279,950,000 shall be
made available for assistance for Jordan, of which not less
than $475,000,000 shall be for budget support for the
Government of Jordan.
(2) Response to the syrian crisis.--Funds appropriated by
this Act shall be made available for programs to implement the
Jordan Compact Action Plan and the Jordan Response Plan for the
Syria Crisis 2016-2018, including assistance for host
communities in Jordan.
(f) 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 (8 U.S.C. 1189).
(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 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, 2017: Provided further, That any notification
submitted pursuant to such sections shall include any funds
specifically intended for lethal military equipment.
(g) Libya.--
(1) Funding.--
(A) Funds appropriated by titles III and IV of this
Act 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.
(B) Funds appropriated by this Act under the
heading ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'' shall be made available for
explosive ordnance disposal programs in areas liberated
from extremist organizations in Libya.
(C) The Secretary of State shall promptly inform
the appropriate congressional committees of each
instance in which assistance provided pursuant to this
subsection has been diverted or destroyed, to include
the type and amount of assistance, a description of the
incident and parties involved, and an explanation of
the response of the Department of State.
(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 certifies and reports to
the Committees on Appropriations that such government
is cooperating with United States Government efforts to
investigate and bring to justice those responsible for
the attack on United States personnel and facilities in
Benghazi, Libya in September 2012: Provided, That the
limitation in this paragraph shall not apply to funds
made available for the purpose of protecting United
States Government personnel or facilities.
(B) Infrastructure projects.--The limitation on the
uses of funds in section 7041(f)(2) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-
76) shall apply to funds appropriated by this Act that
are made available for assistance for Libya.
(3) Certification requirement.--Prior to the initial
obligation of funds made available by this Act for assistance
for Libya, the Secretary of State shall certify and report to
the Committees on Appropriations that all practicable steps
have been taken to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by
this subsection for assistance for Libya.
(h) 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 USAID Administrator, 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 2017.
(i) Refugee Assistance in North Africa.--Not later than 45 days
after enactment of this Act, the Secretary of State, after consultation
with the United Nations High Commissioner for Refugees and the
Executive Director of the World Food Programme, shall submit a report
to the Committees on Appropriations describing steps taken to
strengthen monitoring of the delivery of humanitarian assistance
provided for refugees in North Africa, including any steps taken to
ensure that all vulnerable refugees are receiving such assistance.
(j) 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, to the extent practicable
and notwithstanding any other provision of law, for non-lethal
assistance for programs to address the needs of civilians
affected by conflict in Syria, and for programs that seek to--
(A) establish governance in Syria that is
representative, inclusive, and accountable;
(B) empower women through political and economic
programs, and address the psychosocial needs of women
and their families in Syria and neighboring countries;
(C) develop and implement political processes that
are democratic, transparent, and strengthen the rule of
law;
(D) further the legitimacy and viability of the
Syrian opposition through cross-border programs;
(E) develop and sustain civil society and
independent media in Syria;
(F) promote stability and 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) expand the role of women in negotiations to end
the violence and in any political transition in Syria;
(I) assist Syrian refugees whose education has been
interrupted by the ongoing conflict to complete higher
education requirements at universities and other
academic institutions in the region, and through
distance learning;
(J) assist vulnerable populations in Syria and in
neighboring countries;
(K) protect and preserve the cultural identity of
the people of Syria as a counterbalance to extremism,
particularly those living in neighboring countries and
among youth;
(L) protect and preserve cultural heritage sites in
Syria, particularly those damaged and destroyed by
extremists; and
(M) counter extremism in Syria.
(2) Explosive ordnance disposal programs.--Funds
appropriated by this Act under the heading ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'' shall be made
available for explosive ordnance disposal programs in areas
liberated from extremist organizations in Syria.
(3) 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, to continue 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): Provided, That funds made
available by this paragraph shall be the responsibility of the
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State.
(4) 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.
(5) 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 instance in which
assistance provided pursuant to this subsection has been
diverted or destroyed, to include the type and amount of
assistance, a description of the incident and parties involved,
and an explanation of the response of the Department of State.
(6) 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.
(k) Tunisia.--Of the funds appropriated under titles III and IV of
this Act, not less than $165,400,000 shall be made available for
assistance for Tunisia.
(l) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank and
Gaza, the Secretary of State shall report to the Committees on
Appropriations that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and
accountable government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the
heading ``Economic Support Fund'' in this Act may be
made available for assistance for the Palestinian
Authority, if after the date of enactment of this Act--
(I) the Palestinians obtain the same
standing as member states or full membership as
a state in the United Nations or any
specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians;
or
(II) the Palestinians initiate an
International Criminal Court (ICC) judicially
authorized investigation, or actively support
such an investigation, that subjects Israeli
nationals to an investigation for alleged
crimes against Palestinians.
(ii) The Secretary of State may waive the
restriction in clause (i) of this subparagraph
resulting from the application of subclause (I) of such
clause if the Secretary certifies to the Committees on
Appropriations that to do so is in the national
security interest of the United States, and submits a
report to such Committees detailing how the waiver and
the continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions of
section 1003 of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (Public Law 100-204) if
the President determines and certifies in writing to
the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the
appropriate congressional committees that the
Palestinians have not, after the date of enactment of
this Act--
(I) obtained in the United Nations or any
specialized agency thereof the same standing as
member states or full membership as a state
outside an agreement negotiated between Israel
and the Palestinians; and
(II) taken any action with respect to the
ICC that is intended to influence a
determination by the ICC to initiate a
judicially authorized investigation, or to
actively support such an investigation, that
subjects Israeli nationals to an investigation
for alleged crimes against Palestinians.
(ii) Not less than 90 days after the President is
unable to make the certification 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, the Palestine
Liberation Organization, and any successor or affiliated
organizations with such entities as payments for acts of
terrorism by individuals who are imprisoned after being fairly
tried and convicted for acts of terrorism and by individuals
who died committing acts of terrorism during the previous
calendar year: Provided, That the Secretary shall report to
the Committees on Appropriations on the amount reduced for
fiscal year 2017 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.
(5) Incitement report.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing steps
taken by the Palestinian Authority to counter incitement of
violence against Israelis and to promote peace and coexistence
with Israel.
africa
Sec. 7042. (a) African Great Lakes Region Assistance Restriction.--
Funds appropriated by this Act under the heading ``International
Military Education and Training'' for the central government of a
country in the African Great Lakes region may be made available only
for Expanded International Military Education and Training and
professional military education until the Secretary of State determines
and reports to the Committees on Appropriations that such government is
not facilitating or otherwise participating in destabilizing activities
in a neighboring country, including aiding and abetting armed groups.
(b) 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 for individuals displaced by Boko Haram violence; and
(2) may be made available for counterterrorism programs to
combat Boko Haram.
(c) 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.
(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 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
Ethiopia only if such projects are developed and
carried out in accordance with the requirements of
section 7029(b)(2) of this Act.
(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 professional military education.
(e) Lake Chad Basin Countries.--Funds appropriated by this Act for
democracy and other development programs for Cameroon, Chad, Niger, and
Nigeria should be made available, following consultation with the
Committees on Appropriations, to protect freedoms of expression,
association and religion, including support 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) Malawi.--Of the funds appropriated by this Act under the
heading ``Development Assistance'', not less than $56,000,000 shall be
made available for assistance for Malawi, of which up to $10,000,000
shall be made available for higher education programs.
(h) 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.
(i) South Sudan.--
(1) Strategy requirement.--Not later than 45 days after
enactment of this Act and prior to the initial obligation of
funds made available by this Act for assistance for the central
Government of South Sudan, the Secretary of State, in
consultation with the USAID Administrator, shall submit to the
appropriate congressional committees a United States diplomatic
and assistance strategy for South Sudan, consistent with the
requirements under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this Consolidated Act): Provided, That such strategy shall
include a description of how the cessation of hostilities and
the delivery of humanitarian assistance and essential services
will be prioritized: Provided further, That the Secretary of
State shall consult with such committees prior to submitting
such strategy.
(2) Certification.--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
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;
(F) establish democratic institutions;
(G) establish accountable military and police
forces under civilian authority; and
(H) investigate and prosecute individuals credibly
alleged to have committed gross violations of human
rights, including at the Terrain compound in Juba,
South Sudan on July 11, 2016.
(3) Exclusions.--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
and mutual arrangements related to such Agreement.
(4) Consultation.--Prior to the initial obligation of funds
made available for the central Government of South Sudan
pursuant to paragraphs (3)(B) and (C), the Secretary of State
shall consult with the Committees on Appropriations on the
intended uses of such funds, steps taken by such government to
advance or implement a peace agreement, and progress made by
the Government of South Sudan in meeting the requirements in
paragraph (2).
(j) Sudan.--
(1) Limitation.--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) Limitation on loans.--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) Exclusions.--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, mutual arrangements related to post-
referendum issues associated with such Agreement, or
any other internationally recognized viable peace
agreement in Sudan.
(k) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or grant to
the Government of Zimbabwe, except to meet basic human needs or
to promote democracy, unless the Secretary of State certifies
and reports to the Committees on Appropriations that the rule
of law has been restored, including respect for ownership and
title to property, and freedoms of expression, association, and
assembly.
(2) Limitations.--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 2017: Provided, That section
7043(a)(8) of such Act shall be applied to funds appropriated by this
Act by adding ``East Asia,'' before ``Southeast 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) shall be made available to strengthen
civil society organizations in Burma and for
programs to strengthen independent media;
(ii) 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'';
(iii) shall be made available for programs
to promote ethnic and religious tolerance,
including in Rakhine and Kachin states;
(iv) shall be made available to promote
rural economic development in Burma, including
through microfinance and sustainable power
generation programs;
(v) shall be made available to increase
opportunities for foreign direct investment by
strengthening the rule of law, transparency,
and accountability;
(vi) may not be made available to any
individual or organization if the Secretary of
State has credible information that such
individual or organization has committed a
gross violation of human rights, including
against Rohingya and other minority groups, or
that advocates violence against ethnic or
religious groups and individuals in Burma;
(vii) may not be made available to any
organization or entity controlled by the
military of Burma; and
(viii) may be made available for programs
administered by the Office of Transition
Initiatives, United States Agency for
International Development, 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.
(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 are developed and carried out in accordance with the
requirements of section 7029(b)(2) of this Act.
(4) Programs, position, and responsibilities.--
(A) Any new program or activity in Burma initiated
in fiscal year 2017 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 2017.
(C) The United States Chief of Mission in Burma, in
consultation with the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of
State, shall be responsible for democracy and human
rights programs in Burma.
(c) Cambodia.--
(1) Human rights conditions.--Of the funds appropriated in
title IV of this Act that are made available for assistance for
the central Government of Cambodia, 25 percent shall be
withheld from obligation until the Secretary of State certifies
and reports to the Committees on Appropriations that such
government--
(A) is taking effective steps to strengthen
regional security and stability, particularly regarding
territorial disputes in the South China Sea;
(B) has ceased efforts to intimidate civil society
and the political opposition in Cambodia, is credibly
investigating the murder of social and political
activists, and is taking actions to address the
concerns detailed in the September 14, 2016 United
Nations Human Rights Situation in Cambodia--Joint
Statement; and
(C) is establishing conditions for the holding of
free and fair elections in Cambodia in 2017 and 2018
through a non-partisan election commission; fair
election processes; credible post-election dispute
resolution mechanisms; open and inclusive
participation, to include the return of exiled former
opposition leaders; and respect for freedoms of
assembly and speech.
(2) Khmer rouge tribunal.--Of the funds appropriated by
this Act that are made available for assistance for Cambodia
under the heading ``Economic Support Fund'', not more than
$1,500,000 may be made available for a contribution to the
Extraordinary Chambers in the Court of Cambodia (ECCC):
Provided, That such funds may only be made available if the
Secretary of State certifies and reports to the Committees on
Appropriations that such contribution is in the national
interest of the United States and will support the prosecution
and punishment of individuals responsible for genocide in
Cambodia in a credible manner: Provided further, That if the
Secretary of State is unable to make the certification required
by the previous proviso, such funds shall be made available for
research and education programs associated with the Khmer Rouge
genocide in Cambodia, which are in addition to funds otherwise
made available under paragraph (3): Provided further, That
such funds shall be subject to prior consultation with, and the
regular notification procedures of, such Committees: Provided
further, That the Secretary of State shall seek reimbursements
from the Principal Donors Group for the Documentation Center of
Cambodia for costs incurred in support of the ECCC.
(3) 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.
(d) North Korea.--
(1) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasting hours into North Korea at
levels not less than the prior fiscal year.
(2) Refugees.--Funds appropriated by this Act under the
heading ``Migration and Refugee Assistance'' should be made
available for assistance for refugees from North Korea,
including protection activities in the People's Republic of
China and other countries in Asia.
(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).
(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 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) Authority and notification requirement.--
(A) The uses of funds made available by this Act
for the promotion of democracy in the PRC, except for
funds made available under subsection (g), shall be the
responsibility of the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of
State.
(B) Funds appropriated by this Act that are made
available for trilateral programs conducted with the
PRC shall be subject to the regular notification
procedures of the Committees on Appropriations.
(f) Philippines.--Prior to the initial obligation of funds
appropriated by this Act for assistance for the Philippines, but not
later than 180 days after enactment of this Act, the Secretary of State
shall submit a report to the Committees on Appropriations, which shall
include the information required under this section in the explanatory
statement described in section 4 (in the matter preceding division A of
this Consolidated Act).
(g) 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) Vietnam.--
(1) Dioxin remediation.--Notwithstanding any other
provision of law, of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than
$20,000,000 shall be made available for activities related to
the remediation of dioxin contaminated sites in Vietnam and may
be made available for assistance for the Government of Vietnam,
including the military, for such purposes.
(2) Health and disability programs.--Of the funds
appropriated by this Act under the heading ``Development
Assistance'', not less than $10,000,000 shall be made available
for health and disability programs in areas sprayed with Agent
Orange and otherwise contaminated with dioxin, to assist
individuals with severe upper or lower body mobility impairment
and/or cognitive or developmental disabilities.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Strategy and personnel.--
(A) Strategy.--Not later than 90 days after
enactment of this Act and prior to the initial
obligation of funds made available for assistance for
Afghanistan by this Act under the headings ``Economic
Support Fund'' and ``International Narcotics Control
and Law Enforcement'', the Secretary of State, in
consultation with the Secretary of Defense, shall
submit to the appropriate congressional committees a
revised strategy for United States engagement in
Afghanistan: Provided, That such strategy shall
include detailed information on the roles and
responsibilities of the Department of State, the United
States Agency for International Development, and other
non-defense United States Government agencies in
Afghanistan, including the anticipated number of
government and contractor personnel to be assigned in
Afghanistan in fiscal years 2018 and 2019: Provided
further, That such strategy shall also include detailed
information on development programs to be supported by
funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, including a
description of specific safeguards to ensure that any
such funds supporting projects in areas under the
control of the Taliban or other extremist organizations
do not further the legitimacy of such organizations:
Provided further, That such strategy shall also include
detailed information, in classified form if necessary,
on specific steps to be taken to encourage a negotiated
political resolution of the conflict in Afghanistan.
(B) Personnel report.--Not later than 30 days after
enactment of this Act and every 120 days thereafter
until September 30, 2018, 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--
(i) includes the participation of any
Afghan individual or organization, including
government entity, that the Secretary of State
determines to be involved in corrupt practices,
illicit narcotics production or trafficking, or
a violation of human rights;
(ii) cannot be sustained, as appropriate,
by the Government of Afghanistan or another
Afghan entity;
(iii) is not regularly accessible for the
purposes of conducting effective oversight in
accordance with applicable Federal statutes and
regulations;
(iv) initiates any new, major
infrastructure development; or
(v) legitimizes the Taliban or other
extremist organizations in areas not under the
control of the Government of Afghanistan.
(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
implementing laws and policies to govern
democratically and protect the rights of
individuals, civil society, and the media;
(iv) the Government of Afghanistan is
taking consistent steps to protect and advance
the rights of women and girls in Afghanistan;
(v) the Government of Afghanistan is
effectively implementing a whole-of-government,
anti-corruption strategy that has been endorsed
by the High Council on Rule of Law and Anti-
Corruption, as agreed to at the Brussels
Conference on Afghanistan in October 2016, and
is prosecuting individuals alleged to be
involved in corrupt or illegal activities in
Afghanistan;
(vi) 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, including
in areas under the control of the Taliban or
other extremist organizations;
(vii) the necessary policies and procedures
are in place to ensure Government of
Afghanistan compliance with section 7013 of
this Act, ``Prohibition on Taxation of United
States Assistance''; and
(viii) the Government of Afghanistan is
publicly reporting its national budget,
including revenues and expenditures.
(C) Waiver.--The Secretary of State 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 of
the requirements of subparagraph (B) cannot be met.
(D) Programs.--Funds appropriated by this Act that
are made available for assistance for Afghanistan shall
be made available in the following manner--
(i) for programs that protect and
strengthen 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;
(ii) 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
(iii) to assist the Government of
Afghanistan to increase revenue collection and
expenditure.
(E) Taxation.--None of the funds appropriated by
this Act for assistance for Afghanistan may be made
available for direct government-to-government
assistance unless the Secretary of State certifies and
reports to the Committees on Appropriations that United
States companies and organizations that are
implementing United States foreign assistance programs
in Afghanistan in a manner consistent with United
States laws and regulations are not subjected by such
government to taxes or other fees in contravention of
diplomatic and other agreements between the Governments
of the United States and Afghanistan, or to retaliation
for the nonpayment of taxes or fees imposed in the
past: Provided, That not later than 90 days after
enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations an
assessment of the dollar value of improper taxes or
fees levied by such government against such companies
and organizations in fiscal years 2014, 2015, and 2016.
(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 paragraph (2)(B)(i):
Provided, That not later than 6 months after the submission of
such report and every 6 months thereafter until September 30,
2018, 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 2017.
(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) Nepal.--
(1) Assistance.--Not less than $112,500,000 of the funds
appropriated by this Act under the headings ``Global Health
Programs'', ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be made available for assistance for Nepal,
including for earthquake recovery and reconstruction programs.
(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 laws of war, and the Nepal Army is cooperating fully with
civilian judicial authorities in such cases.
(c) Pakistan.--
(1) Certification requirement.--None of the funds
appropriated or otherwise made available by this Act under the
headings ``Economic Support Fund'', ``International Narcotics
Control and Law Enforcement'', and ``Foreign Military Financing
Program'' for assistance for the Government of Pakistan may be
made available unless the Secretary of State certifies and
reports to the Committees on Appropriations that the Government
of Pakistan is--
(A) cooperating with the United States in
counterterrorism efforts against the Haqqani Network,
the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-
Mohammed, Al-Qaeda, and other domestic and foreign
terrorist organizations, including taking effective
steps to end support for such groups and prevent them
from basing and operating in Pakistan and carrying out
cross border attacks into neighboring countries;
(B) not supporting terrorist activities against
United States or coalition forces in Afghanistan, and
Pakistan's military and intelligence agencies are not
intervening extra-judicially into political and
judicial processes in Pakistan;
(C) not financing or otherwise supporting schools
supported by, affiliated with, or run by the Taliban or
any designated foreign terrorist organization;
(D) dismantling improvised explosive device (IED)
networks and interdicting precursor chemicals used in
the manufacture of IEDs;
(E) preventing the proliferation of nuclear-related
material and expertise;
(F) issuing visas in a timely manner for United
States visitors engaged in counterterrorism efforts and
assistance programs in Pakistan; and
(G) providing humanitarian organizations access to
detainees, internally displaced persons, and other
Pakistani civilians affected by the conflict.
(2) Waiver and reports.--
(A) The Secretary of State may waive the
certification requirement of paragraph (1) with respect
to funds appropriated or otherwise made available by
this Act under the headings ``Economic Support Fund''
and ``International Narcotics Control and Law
Enforcement'' for assistance for the Government of
Pakistan if the Secretary determines that to do so is
important to the national security interest of the
United States.
(B) The Secretary of State may waive the
certification requirement of paragraph (1) with respect
to 95 percent of the funds appropriated or otherwise
made available by this Act under the heading ``Foreign
Military Financing Program'' for assistance for the
Government of Pakistan if the Secretary determines that
to do so is important to the national security interest
of the United States: Provided, That funds withheld by
application of this subparagraph shall be withheld from
obligation until the Secretary submits to the
Committees on Appropriations the certification required
by paragraph (1).
(C) In exercising the authority of this paragraph,
the Secretary of State shall submit a report to the
Committees on Appropriations, in classified form if
necessary, on the justification for any waivers in
subparagraphs (A) and (B) and the reasons why any of
the requirements of paragraph (1) cannot be 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 section 620M of the Foreign Assistance Act
of 1961.
(E) Of the funds appropriated under titles III and
IV of this Act that are made available for assistance
for Pakistan, $33,000,000 shall be withheld from
obligation until the Secretary of State reports to the
Committees on Appropriations that Dr. Shakil Afridi has
been released from prison and cleared of all charges
relating to the assistance provided to the United
States in locating Osama bin Laden.
(4) Scholarships for women.--The authority and directives
of section 7044(d)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall apply to funds
appropriated by this Act that are made available for assistance
for Pakistan: Provided, That prior to the obligation of funds
for such purposes, the USAID Administrator shall consult with
the Committees on Appropriations.
(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 not later than 6 months after submission of such
spend plan, and each 6 months thereafter until
September 30, 2018, 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.
(d) 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 taking steps to--
(A) repeal laws that do not comply with
international standards for arrest and detention, and
to ensure that any successor legislation meets such
standards;
(B) increase accountability and transparency in
governance;
(C) support a credible justice mechanism in
compliance with United Nations Human Rights Council
Resolution (A/HCR/30/L.29) of October, 2015; and
(D) return land in former conflict zones to former
owners or to compensate those whose land was
confiscated without due process, which are in addition
to steps taken during the previous calendar year.
(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--
(A) not to exceed $500,000 under the heading
``Foreign Military Financing Program'' may only be made
available for programs to support humanitarian and
disaster response efforts; to redeploy out of former
conflict zones; and to restructure and reduce the size
of the Sri Lankan armed forces; and
(B) funds under the heading ``Peacekeeping
Operations'' may only be made available for training
and equipment related to international peacekeeping
operations.
(e) Regional Programs.--
(1) Cross border programs.--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) Security and justice programs.--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.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Strategy review and update.--The Secretary of State, in
consultation with the heads of other relevant United States
Government agencies, shall review the United States Strategy
for Engagement in Central America (the Strategy) and submit an
updated Strategy to the appropriate congressional committees
not later than 90 days after enactment of this Act: Provided,
That such Strategy shall address the key factors in countries
in Central America that contribute to the migration of
undocumented Central Americans to the United States: Provided
further, That such Strategy should support regional security
and economic initiatives, including the Plan of the Alliance
for Prosperity in the Northern Triangle in Central America (the
Plan), to the extent the Secretary of State determines such
initiatives are consistent with the national interest of the
United States.
(2) Funding.--Subject to the requirements of this
subsection, of the funds appropriated under titles III and IV
of this Act, $655,000,000 should be made available for
assistance for countries in Central America to implement the
United States Strategy for Engagement in Central America:
Provided further, That such funds shall be made available to
the maximum extent practicable on a cost-matching basis.
(3) Pre-obligation requirements.--Prior to the obligation
of funds made available pursuant to paragraph (2) and following
the submission of the Strategy as required in paragraph (1),
the Secretary of State shall submit to the Committees on
Appropriations a multi-year spend plan as described under this
section in the explanatory statement described in section 4 (in
the matter preceding division A of this Consolidated Act),
including a description of how such funds shall prioritize
addressing the key factors in countries in Central America that
contribute to the migration of undocumented Central Americans
to the United States.
(4) Assistance for the central governments of el salvador,
guatemala, and honduras.--Of the funds made available pursuant
to paragraph (2) 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, which are in
addition to those steps taken since the certification
and report submitted during the prior year, if
applicable, 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, including to
prevent illegal migration, human smuggling and
trafficking, and trafficking of illicit drugs
and other contraband; 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 for
asylum, 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, which are in
addition to those steps taken since the certification
and report submitted during the prior year, if
applicable, to--
(i) work cooperatively with an autonomous,
publicly accountable entity to provide
oversight of the Plan;
(ii) combat corruption, including
investigating and prosecuting current and
former 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) implement a policy to ensure 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 government personnel,
including military and police personnel, who
are credibly alleged to have violated human
rights, and ensure that such personnel are
cooperating in such cases;
(vii) cooperate with commissions against
corruption and impunity and with regional human
rights entities;
(viii) support programs to reduce poverty,
expand education and vocational training for
at-risk youth, create jobs, and promote
equitable economic growth particularly in areas
contributing to large numbers of migrants;
(ix) implement a plan that includes goals,
benchmarks and timelines to create a
professional, accountable civilian police force
and end the role of the military in internal
policing, and make such plan available to the
Department of State;
(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.
(5) 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 (4)(A) and (4)(B):
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 the
appropriate congressional 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 (4)(A) and (4)(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.
(6) Transfer of funds.--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 to support
the Strategy.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, not less than $391,253,000 shall be
made available for assistance for Colombia, including to
support the efforts of the Government of Colombia to--
(A) conduct a unified campaign against narcotics
trafficking, organizations designated as foreign
terrorist organizations pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189), and
other criminal or illegal armed groups: Provided, That
aircraft supported by funds made available by this Act
and prior Acts making appropriations for the Department
of State, foreign operations, and related programs may
be used to transport personnel and supplies involved in
drug eradication and interdiction, including security
for such activities, and to provide transport in
support of alternative development programs and
investigations by civilian judicial authorities;
(B) enhance security and stability in Colombia and
the region;
(C) strengthen and expand governance, the rule of
law, and access to justice throughout Colombia;
(D) promote economic and social development,
including by improving access to areas impacted by
conflict through demining programs; and
(E) implement a peace agreement between the
Government of Colombia and illegal armed groups, in
accordance with constitutional and legal requirements
in Colombia:
Provided, That such funds shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(2) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs that are made
available for assistance for Colombia may be made available for
payment of reparations to conflict victims or compensation to
demobilized combatants associated with a peace agreement
between the Government of Colombia and illegal armed groups.
(3) Pre-obligation requirements.--Prior to the initial
obligation of funds made available pursuant to paragraph (1),
the Secretary of State, in consultation with the USAID
Administrator, shall submit to the Committees on Appropriations
a multi-year spend plan as described under section 7045 in the
explanatory statement described in section 4 (in the matter
preceding division A of this Consolidated Act).
(4) Refugees.--Funds made available by this Act under the
heading ``Economic Support Fund'' for assistance for Colombia
shall be apportioned directly to USAID, except that not less
than $7,000,000 of such funds 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.
(5) Counternarcotics.--Of the funds made available by this
Act under the heading ``International Narcotics Control and Law
Enforcement'' for assistance for Colombia, 20 percent may be
obligated only in accordance with the conditions set forth
under section 7045 in the explanatory statement described in
section 4 (in the matter preceding division A of this
Consolidated Act).
(6) Human rights.--Of the funds made available by this Act
under the heading ``Foreign Military Financing Program'' for
assistance for Colombia, 20 percent may be obligated only in
accordance with the conditions set forth under section 7045 in
the explanatory statement described in section 4 (in the matter
preceding division A of this Consolidated Act).
(7) Exceptions.--The limitations of paragraphs (5) and (6)
shall not apply to funds made available for aviation
instruction and maintenance, and maritime and riverine security
programs.
(c) Haiti.--
(1) Funding.--Of the funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic Support
Fund'', not more than $45,000,000 may be made available for
assistance for Haiti: Provided, That the funding limitation of
this paragraph may be exceeded for food security and global
health programs.
(2) Certification.--Funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic Support
Fund'' that are made available for assistance for Haiti 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 such government is taking
effective steps, which are in addition to steps taken since the
certification and report submitted during the prior year, if
applicable, to--
(A) strengthen the rule of law in Haiti, including
by--
(i) selecting judges in a transparent
manner based on merit;
(ii) reducing pre-trial detention;
(iii) respecting the independence of the
judiciary; and
(iv) improving governance by implementing
reforms to increase transparency and
accountability, including through the penal and
criminal codes;
(B) combat corruption, including by implementing
the anti-corruption law enacted in 2014 and prosecuting
corrupt officials;
(C) increase government revenues, including by
implementing tax reforms, and increase expenditures on
public services; and
(D) resolve commercial disputes between United
States entities and the Government of Haiti.
(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.
europe and eurasia
Sec. 7046. (a) Assistance for Ukraine.--Of the funds appropriated
by this Act under titles III and IV, not less than $410,465,000 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 such 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 the previous proviso the Secretary 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.
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
(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 by 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 by 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 determines and reports to the
Committees on Appropriations that to do so is in the national
interest of the United States, including a description of the
national interest served.
(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 significant 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, 2017, on the resolutions considered in the
United Nations Human Rights Council during the previous 12 months, and
on steps taken to remove Israel as a permanent agenda item.
(d) United Nations Relief and Works Agency.--Prior to the initial
obligation of funds for the United Nations Relief and Works Agency
(UNRWA), and 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 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) Prohibition of Payments to United Nations Members.--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.
(f) United Nations Capital Projects.--None of the funds made
available by this Act may be used for the design, renovation, or
construction of the United Nations Headquarters in New York: Provided,
That any operating plan submitted pursuant to this Act for funds made
available under the heading ``Contributions to International
Organizations'' shall include information on capital projects, as
described under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this Consolidated
Act).
(g) 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 2017 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.
(h) Sexual Exploitation and Abuse in Peacekeeping Operations.--
(1) Funds appropriated by this Act shall be made available
to implement section 301 of the Department of State Authorities
Act, Fiscal Year 2017 (Public Law 114-323): Provided, That the
elements and objectives of subsection (c) of such section shall
include the adoption of a United Nations policy requiring the
mandatory repatriation from a United Nations peacekeeping
operation of any personnel credibly alleged to have engaged in
sexual exploitation or abuse, and a prohibition on the
participation in such peacekeeping operations of personnel from
any country the government of which is unwilling or unable to
carry out its criminal or disciplinary responsibilities with
respect to personnel credibly alleged to have engaged in sexual
exploitation or abuse.
(2) The Secretary of State should withhold assistance to
any unit of the security forces of a foreign country if the
Secretary has credible information that such unit has engaged
in sexual exploitation or abuse, including while serving in a
United Nations peacekeeping operation, until the Secretary
determines that the government of such country is taking
effective steps to bring the responsible members of such unit
to justice and to prevent future incidents: Provided, That the
Secretary shall promptly notify the government of each country
subject to any withholding of assistance pursuant to this
paragraph, and shall notify the appropriate congressional
committees of such withholding not later than 10 days after a
determination to withhold such assistance is made: Provided
further, That the Secretary shall, to the maximum extent
practicable, assist such government in bringing the responsible
members of such unit to justice.
(i) Additional Availability.--Funds appropriated under title I of
this Act which are returned or not made available due to the
implementation of subsection (a) or the second proviso under the
heading ``Contributions for International Peacekeeping Activities'' of
such title shall remain available for obligation until September 30,
2018.
(j) Report on Arrears.--Not later than 30 days after enactment of
this Act, and updated every 90 days thereafter until September 30,
2018, the Secretary of State shall submit a report to the appropriate
congressional committees detailing--
(1) a description of the treaty or other obligation of the
United States to pay assessed contributions at specified rates
for the United Nations and other international organizations by
organization or entity;
(2) a description of relevant United States laws regarding
such assessed rates and contributions;
(3) a description of, and justification for, any deviation
from payment of such assessed rates and contributions, to
include the cumulative amount of arrears owed, or anticipated
to be owed, by the United States to any organization or entity
as a result of such deviation;
(4) a specific plan for payment of such arrears;
(5) an analysis of when the amount of arrears owed by the
United States may trigger Article 19 of the United Nations
Charter or similar provision in a treaty, convention or charter
governing participation in an international organization,
resulting in the loss of a vote by the United States in the
United Nations General Assembly or other governing body of an
international organization; and
(6) an analysis of the impact to the national interest of
the United States in international organizations, including the
United Nations, as a result of arrears owed, if any, including
with respect to the loss of influence within such
organizations.
community-based police assistance
Sec. 7049. (a) Authority.--Funds made available by titles III and
IV of this Act to carry out the provisions of chapter 1 of part I and
chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may
be used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority through
training and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance to foster
civilian police roles that support democratic governance, including
assistance for programs to prevent conflict, respond to disasters,
address gender-based violence, and foster improved police relations
with the communities they serve.
(b) Notification.--Assistance provided under subsection (a) shall
be subject to the regular notification procedures of the Committees on
Appropriations.
disability programs
Sec. 7050. (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 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.
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, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic and Consular Programs'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'', and ``Andean Counterdrug Programs'' may be used for any
other program and in any region, including for the transportation of
active and standby Civilian Response Corps personnel and equipment
during a deployment: Provided, That the responsibility for policy
decisions and justification for the use of such transfer authority
shall be the responsibility of the Secretary of State and the Deputy
Secretary of State and this responsibility shall not be delegated.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) The uses of aircraft purchased or leased by the
Department of State and the United States Agency for
International Development with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to
transport, on a reimbursable or non-reimbursable basis, Federal
and non-Federal personnel supporting Department of State and
USAID programs and activities: Provided further, That official
travel for other agencies for other purposes may be supported
on a reimbursable basis, or without reimbursement when
traveling on a space available basis: Provided further, That
funds received by the Department of State for the use of
aircraft owned, leased, or chartered by the Department of State
may be credited to the 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.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act shall be borne by the recipient country.
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, 2016''.
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other provision of
law, demining equipment available to the United States Agency for
International Development and the Department of State and used in
support of the clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the Secretary of
State may prescribe.
(b) Cluster Munitions.--No military assistance shall be furnished
for cluster munitions, no defense export license for cluster munitions
may be issued, and no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational environments,
and the agreement applicable to the assistance, transfer, or
sale of such cluster munitions or cluster munitions technology
specifies that the cluster munitions will only be used against
clearly defined military targets and will not be used where
civilians are known to be present or in areas normally
inhabited by civilians; or
(2) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the United
States not authorized before the date of the enactment of this Act by
Congress: Provided, That not to exceed $25,000 may be made available
to carry out the provisions of section 316 of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533).
continuous supervision and general direction of economic and military
assistance
Sec. 7056. (a) Under the direction of the President, the Secretary
of State shall be responsible for the continuous supervision and
general direction of economic assistance, law enforcement and justice
sector assistance, military assistance, and military education and
training programs, including but not limited to determining whether
there shall be a military assistance (including civic action) or a
military education and training program for a country and the value
thereof, to the end that such programs are effectively integrated both
at home and abroad and the foreign policy of the United States is best
served thereby.
(b) Consistent with section 481(b) of the Foreign Assistance Act of
1961, the Secretary of State shall be responsible for coordinating all
assistance provided by the United States Government to support
international efforts to combat illicit narcotics production or
trafficking: Provided, That the provision of assistance by the
Department of Defense which is comparable to assistance that may be
made available by this Act under the heading ``International Narcotics
Control and Law Enforcement'' shall be provided in a manner consistent
with the requirements of section 333(b) of title 10, United States
Code, as added by section 1241 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328).
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 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, 2018.
(c) Conditions.--The authority of subsection (a) should only be
used to the extent that an equivalent number of positions that are
filled by personal services contractors or other non-direct hire
employees of USAID, who are compensated with funds appropriated to
carry out part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Europe, Eurasia and
Central Asia'', are eliminated.
(d) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which the responsibilities of such individual
primarily relate: Provided, That funds made available to carry out
this section may be transferred to, and merged with, funds appropriated
by this Act in title II under the heading ``Operating Expenses''.
(e) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980, may be extended for a period of up to 4
years notwithstanding the limitation set forth in such section.
(f) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular notification
procedures of the Committees on Appropriations.
(g) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480), may be used by USAID to employ up to 40
personal services contractors in the United States, notwithstanding any
other provision of law, for the purpose of providing direct, interim
support for new or expanded overseas programs and activities managed by
the agency until permanent direct hire personnel are hired and trained:
Provided, That not more than 15 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds
appropriated to carry out title II of the Food for Peace Act (Public
Law 83-480), may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(h) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2011 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating
to research on, and the prevention, treatment and control of, HIV/AIDS
may be made available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided, That of the funds appropriated under title III of this Act,
not less than $575,000,000 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, sub-recipients, 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 2017 pursuant to
the application of any other provision contained in this or any other
Act.
(c) Contagious Infectious Disease Outbreaks.--
(1) Emergency reserve fund.--Of the funds appropriated by
this Act under the heading ``Global Health Programs'',
$70,000,000 shall be made available for an Emergency Reserve
Fund to address emerging health threats, and shall remain
available until expended: Provided, That such funds shall be
in addition to funds otherwise available for such purposes, and
may be transferred to, and merged with, funds appropriated by
this Act under the heading ``International Disaster
Assistance'' for the purposes of this paragraph: Provided
further, That such funds may only be made available if the
Secretary of State determines and reports to the Committees on
Appropriations that it is in the national interest to respond
to an emerging health threat that poses severe threats to human
health.
(2) Extraordinary measures.--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 appropriated by this Act under the
headings ``Global Health Programs'', ``Development
Assistance'', ``International Disaster Assistance'', ``Complex
Crises Fund'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
``Migration and Refugee Assistance'', and ``Millennium
Challenge Corporation'' may be made available to combat such
infectious disease or public health emergency, and may be
transferred to, and merged with, funds appropriated under such
headings for the purposes of this paragraph.
(3) Oversight of funds.--Funds made available by this
subsection shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this Act
shall be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the status,
increasing the participation, and protecting the rights of women and
girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title III of
this Act, not less than $50,000,000 shall be made available to increase
leadership opportunities for women in countries where women and girls
suffer discrimination due to law, policy, or practice, by strengthening
protections for women's political status, expanding women's
participation in political parties and elections, and increasing
women's opportunities for leadership positions in the public and
private sectors at the local, provincial, and national levels.
(c) Gender-Based Violence.--
(1)(A) Of the funds appropriated by titles III and IV of
this Act, not less than $150,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(B) Funds appropriated by titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police and
other security forces.
(2) Department of State and United States Agency for
International Development gender programs shall incorporate
coordinated efforts to combat a variety of forms of gender-
based violence, including child marriage, rape, female genital
cutting and mutilation, and domestic violence, among other
forms of gender-based violence in conflict and non-conflict
settings.
(d) Women, Peace, and Security.--Funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', 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.
(e) Women and Girls at Risk From Extremism.--
(1) Assistance.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$15,000,000 shall be made available to support women and girls
who are at risk from extremism and conflict, and for activities
to--
(A) empower women and girls to counter extremism;
(B) address the needs of women and girls adversely
impacted by extremism and conflict;
(C) document crimes committed by extremists against
women and girls, and support investigations and
prosecutions of such crimes, as appropriate;
(D) increase the participation and influence of
women in formal and informal political processes and
institutions at the local level and within traditional
governing structures;
(E) support reconciliation programs between
impacted minority, religious, and ethnic groups and the
broader community;
(F) develop and implement legal reforms and
protections for women and girls at the national and
local government levels; and
(G) create and sustain networks for women and girls
to collectively safeguard their rights on a regional
basis.
(2) Strategy requirement.--Not later than 90 days after
enactment of this Act, the Secretary of State, in consultation
with the USAID Administrator, shall submit a comprehensive,
inter-agency strategy to support women and girls who are at
risk from extremism and conflict, including a description of
monitoring and evaluation protocols.
(3) Clarification and notification.--Funds made available
pursuant to paragraph (1)--
(A) are in addition to amounts otherwise available
by this Act for such purposes; and
(B) shall be made available following consultation
with, and subject to the regular notification
procedures of, the Committees on Appropriations.
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 shall be made
available for assistance for basic education, and such
funds may be made available notwithstanding any other
provision of law that restricts assistance to foreign
countries: Provided, That such funds should be used to
implement the objectives of basic education programs
for each Country Development Cooperation Strategy or
similar strategy regarding basic education established
by the United States Agency for International
Development: Provided further, That such funds may
also be used for secondary education activities:
Provided further, That the USAID Administrator,
following consultation with the Committees on
Appropriations, may reprogram such funds between
countries.
(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 quarterly
basis until September 30, 2018: 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 $75,000,000 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 $235,000,000 shall be made
available for assistance for higher education, including not
less than $35,000,000 for new and ongoing partnerships for
human and institutional capacity building 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 $12,000,000 shall be made available for
cooperative development programs of USAID.
(c) Environment Programs.--
(1) Authority and notification requirement.--
(A) 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, to
support environment programs.
(B) No funds are appropriated or otherwise made
available by this Act for a contribution, grant, or
other payment to the Green Climate Fund.
(C) Funds made available pursuant to this
subsection shall be subject to the regular notification
procedures of the Committees on Appropriations.
(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 $90,664,000 of the funds
appropriated under titles III and IV of this Act shall
be made available 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 interest 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 landscapes programs.
(d) Food Security and Agricultural Development.--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 for a United States contribution to the endowment of
the Global Crop Diversity Trust.
(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.--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 $64,800,000 shall be made
available for activities to combat trafficking in persons
internationally, of which not less than $40,000,000 shall be
from funds made available under the heading ``International
Narcotics Control and Law Enforcement'': Provided, That funds
made available pursuant to this paragraph shall be made
available to support a multifaceted approach to combat human
trafficking in Guatemala: Provided further, That not later
than 120 days after enactment of this Act, the Secretary of
State shall submit a report to the Committees on Appropriations
on the requirements enumerated under this section in House
Report 114-693.
(2) Modern slavery.--Funds appropriated by this Act under
the heading ``International Narcotics Control and Law
Enforcement'' shall be made available for the purposes
authorized by section 1298 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328):
Provided, That such funds are in addition to funds made
available pursuant to paragraph (1), and shall be made
available on an open and competitive basis: Provided further,
That funds made available pursuant to this paragraph shall be
made available subject to the regular notification procedures
of the Committees on Appropriations.
(3) Coordination.--The Secretary of State and the USAID
Administrator, as appropriate, shall establish and implement
guidelines to ensure that programs funded by paragraphs (1) and
(2) to combat trafficking in persons and modern slavery are
coordinated and complementary, and not duplicative.
(g) Reconciliation Programs.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'', ``Assistance for Europe,
Eurasia and Central Asia'', 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 sub-Saharan Africa, and of which
not less than $14,000,000 shall be made available for programs to
design and build safe, public latrines in Africa and Asia.
overseas private investment corporation
Sec. 7061. (a) Transfer of Funds.--Whenever the President
determines that it is in furtherance of the purposes of the Foreign
Assistance Act of 1961, up to a total of $20,000,000 of the funds
appropriated under title III of this Act may be transferred to, and
merged with, funds appropriated by this Act for the Overseas Private
Investment Corporation Program Account, to be subject to the terms and
conditions of that account: Provided, That such funds shall not be
available for administrative expenses of the Overseas Private
Investment Corporation: Provided further, That designated funding
levels in this Act shall not be transferred pursuant to this section:
Provided further, That the exercise of such authority shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(b) Authority.--Notwithstanding section 235(a)(2) of the Foreign
Assistance Act of 1961, the authority of subsections (a) through (c) of
section 234 of such Act shall remain in effect until September 30,
2017.
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.
inspectors general
Sec. 7063. (a) Prohibition on Use of Funds.--None of the funds
appropriated by this Act may 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 of the United States
Government over which such Inspector General has responsibilities under
the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or
impede the access of such Inspector General to such records, documents,
or other materials, under any provision of law, except a provision of
law that expressly refers to such Inspector General and expressly
limits the right of access of such Inspector General.
(b) Timely Access.--A department or agency of the United States
Government covered by this section shall provide its Inspector General
access to all records, documents, and other materials in a timely
manner.
(c) Compliance.--Each Inspector General covered by this section
shall ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or agency over
which that Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Report Requirement.--Each Inspector General covered by this
section shall report to the Committees on Appropriations within 5
calendar days of any failure by any department or agency of the United
States Government to provide its Inspector General access to all
requested records, documents, and other materials.
reporting requirements concerning individuals detained at naval
station, guantanamo bay, cuba
Sec. 7064. Not later than 5 days after the conclusion of an
agreement with a country, including a state with a compact of free
association with the United States, to receive by transfer or release
individuals detained at United States Naval Station, Guantanamo Bay,
Cuba, the Secretary of State shall notify the Committees on
Appropriations in writing of the terms of the agreement, including
whether funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs will be made available for assistance for such country
pursuant to such agreement.
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--
(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 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.
country transition plan
Sec. 7069. Any bilateral country assistance strategy developed
after the date of enactment of this Act for the provision of assistance
for a foreign country in this fiscal year 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, the heads of other relevant Federal
agencies, and officials of such foreign government and representatives
of civil society, as appropriate.
countering russian influence and aggression
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) Annexation of Crimea.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a
country that the Secretary of State determines and reports to
the Committees on Appropriations has taken affirmative steps
intended to support or be supportive of the Russian Federation
annexation of Crimea: Provided, That except as otherwise
provided in subsection (a), the Secretary may waive the
restriction on assistance required by this paragraph if the
Secretary determines and reports 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 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
determines and reports to the Committees on Appropriations that
the Government of Ukraine has reestablished sovereignty over
Crimea.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(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 recognized the
independence of, or has established diplomatic relations with,
the Russian occupied Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia: Provided, That the Secretary
shall publish on the Department of State Web site a list of any
such central governments in a timely manner: Provided further,
That the Secretary may waive the restriction on assistance
required by this paragraph if the Secretary determines and
reports to the Committees on Appropriations 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 to support the Russian occupation of the Georgian
territories of Abkhazia and Tskhinvali Region/South Ossetia.
(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 any loan, credit, or guarantee) for any program that
violates the sovereignty and territorial integrity of Georgia.
(4) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit to the appropriate
congressional committees a report on actions taken by the
Russian Federation to further consolidate the occupation of the
Georgian territories of Abkhazia and Tskhinvali Region/South
Ossetia, including the estimated annual costs of such
occupation.
(d) Assistance to Counter Influence and Aggression.--
(1) Of the funds appropriated by this Act under the
headings ``Assistance for Europe, Eurasia and Central Asia'',
``International Narcotics Control and Law Enforcement'', and
``Foreign Military Financing Program'', not less than
$100,000,000 shall be made available for assistance to counter
Russian influence and aggression in countries in Europe and
Eurasia: Provided, That such funds shall be referred to as the
Countering Russian Influence Fund (the Fund), and be made
available to civil society organizations and other entities in
such countries for rule of law, media, cyber, and other
programs that strengthen democratic institutions and processes,
and counter Russian influence and aggression: Provided
further, That not later than 45 days after enactment of this
Act, the Secretary of State, in consultation with the USAID
Administrator, shall submit a spend plan to the Committees on
Appropriations detailing the proposed uses of the Fund on a
country-by-country basis: Provided further, That such funds
shall be in addition to amounts made available for bilateral
assistance for such countries.
(2) Funds appropriated by this Act and made available 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.
(e) Democracy Programs.--Funds appropriated by this Act shall be
made available to support democracy programs 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).
(f) 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, 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 (the Fund), to remain available for
obligation until September 30, 2019: 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.
stability and development in regions impacted by extremism and conflict
Sec. 7073. (a) Countering Foreign Fighters and Extremist
Organizations, and Strengthening the State System.--
(1) Not later than 30 days after enactment of this Act and
prior to the initial obligation of funds made available by this
Act for the purposes of this subsection, the Secretary of
State, in consultation with the Administrator of the United
States Agency for International Development and the heads of
relevant United States Government agencies, shall submit to the
appropriate congressional committees a joint strategy to
counter and defeat violent extremism and foreign fighters
abroad, which shall include components to--
(A) counter the recruitment, radicalization,
movement, and financing of such extremists and foreign
fighters;
(B) secure borders of countries impacted by
extremism;
(C) assist countries impacted by extremism to
implement and establish criminal laws and policies to
counter extremists and foreign fighters; and
(D) promote and strengthen democratic institutions
and practices in countries impacted by extremism:
Provided, That such strategy shall include a detailed
description of proposed monitoring, oversight, and vetting
procedures.
(2) Funds appropriated under titles III and IV of this Act
shall be made available for programs and activities to
implement the strategy required in paragraph (1) in a manner
consistent with all applicable laws, regulations, and policies
regarding the use of foreign assistance funds: Provided, That
the Secretary of State shall promptly inform the appropriate
congressional committees of each instance in which assistance
provided pursuant to this subsection has been diverted or
destroyed, to include the type and amount of assistance, a
description of the incident and parties involved, and an
explanation of the response of the Department of State or
USAID, as appropriate: Provided further, That the Secretary of
State shall ensure such programs are coordinated with and
complement the efforts of other United States Government
agencies and international partners: Provided further, That
the Secretary shall also ensure that information gained through
the conduct of such programs is shared in a timely manner with
relevant United States Government agencies and other
international partners, as appropriate.
(3) Funds made available pursuant to this subsection are
subject to the regular notification procedures of the
Committees on Appropriations.
(b) Countries Impacted by Significant Refugee Populations or
Internally Displaced Persons.--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, including through programs to promote
livelihoods, vocational training, and formal and informal
education;
(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:
Provided, That the Secretary of State shall periodically inform the
Committees on Appropriations of the amount and specific uses of funds
made available for the purposes of this subsection.
enterprise funds
Sec. 7074. (a) Notification Requirement.--None of the funds made
available under titles III through VI of this Act may be made available
for Enterprise Funds unless the appropriate congressional committees
are notified at least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
use of funds in contravention of this act
Sec. 7075. If the President makes a determination not to comply
with any provision of this Act on constitutional grounds, the head of
the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program and
policy.
budget documents
Sec. 7076. (a) Operating and Reorganization Plans.--
(1) 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 2017, 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 congressional budget justification
funding levels, 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.
(2) Concurrent with the submission of an operating plan
pursuant to paragraph (1), each covered department, agency, or
organization shall submit to the Committees on Appropriations a
report detailing any planned reorganization of such department,
agency, or organization, including any action planned pursuant
to the March 31, 2017 Executive Order 13781 on a Comprehensive
Plan for Reorganizing the Executive Branch, including--
(A) a detailed organization chart, including a
brief description of each operating unit;
(B) the number of employees for each operating
unit;
(C) the current policy for supporting the
operations of the National Security Council (NSC)
through the detail of agency staff, including staff
projected to be detailed to the NSC during fiscal year
2018, if applicable; and
(D) a detailed explanation of the policies and
procedures currently or expected to be used to comply
with Executive Order 13781, including an assessment of
how national security interests will be served by any
proposed reorganizations.
(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, as appropriate, shall submit to the
Committees on Appropriations a spend plan for funds made
available by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon,
Pakistan, and the West Bank and Gaza;
(B) Power Africa and the regional security
initiatives listed under this section in House Report
114-693: Provided, That the spend plan for such
initiatives shall include the amount of assistance
planned for each country by account, to the maximum
extent practicable; and
(C) democracy programs, programs to support section
7073(a) of this Act, and sectors enumerated in
subsections (a), (c)(2), (d), (e), (f), (g), 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 2016 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 2018:
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.
(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.
(c) Records Management.--
(1) Limitation.--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'' and ``Capital Investment Fund'' 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).
(2) Directives.--The Secretary of State and USAID
Administrator shall--
(A) 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;
(B) use funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'' and
``Capital Investment Fund'' in title I, and ``Operating
Expenses'' and ``Capital Investment Fund'' 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;
(C) direct departing employees that all Federal
records generated by such employees, including senior
officials, belong to the Federal Government; and
(D) significantly improve the response time for
identifying and retrieving Federal records, including
requests made pursuant to the Freedom of Information
Act.
(3) Report.--Not later than 45 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) any updates or modifications made to 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 since the submission to the
Committees on Appropriations on January 20, 2016, of
the report required by section 7077(c)(2) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2016 (division K of Public
Law 114-113);
(B) the extent to which each agency is in
compliance with applicable Federal records management
statutes, regulations, and policies, including meeting
Directive goal 1.2 of the Managing Government Records
Directive (M-12-18) by December 31, 2016; and
(C) any steps taken since the submission of the
report referenced in subparagraph (A) to--
(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 recommendations 1 and 4
made by the Office of the Inspector General
(OIG), Department of State, in the January 2016
Evaluation of the Department of State's FOIA
Process for Requests Involving the Office of
the Secretary (ESP-16-01);
(iv) reduce the backlog of Freedom of
Information Act (FOIA) and Congressional
oversight requests, and measurably improve the
response time for answering such requests; and
(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
implement the recommendations of the OIG in the
May 2016 Evaluation of Email Records Management
and Cybersecurity Requirements (ESP-16-03).
(4) Implementation and operating plan.--The reports
required by paragraph (3) shall be submitted by the Secretary
of State or USAID Administrator simultaneously with the
operating plans required by section 7076 of this Act for funds
appropriated under the headings listed in paragraph (1), and
shall include an operating plan and timeline, as applicable,
for--
(A) implementing the recommendations of the OIG
reports referenced in clauses (iii) and (v); and
(B) measurably reducing the FOIA and Congressional
oversight requests backlog.
(5) Report assessment.--Not later than 180 days after the
submission of the reports required by paragraph (3), 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.
global internet freedom
Sec. 7078. (a) Funding.--Of the funds available for obligation
during fiscal year 2017 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia 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.--
(1) Funds appropriated by this Act under the headings
``Economic Support Fund'', ``Democracy Fund'', and ``Assistance
for Europe, Eurasia and Central Asia'' that are made available
pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs
funded by this Act under such headings, and shall be
incorporated into country assistance and democracy
promotion strategies, as appropriate;
(B) 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; the Department of State
International Cyberspace Policy Strategy required by
section 402 of the Cybersecurity Act of 2015 (division
N of Public Law 114-113); 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);
(C) 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;
(D) 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 Chief Executive Officer (CEO) of
the Broadcasting Board of Governors (BBG), shall
coordinate any such research and development programs
with other relevant United States Government
departments and agencies in order to share information,
technologies, and best practices, and to assess the
effectiveness of such technologies; and
(E) the responsibility of the Assistant Secretary
for Democracy, Human Rights, and Labor, Department of
State.
(2) Funds appropriated by this Act under the heading
``International Broadcasting Operations'' that are made
available pursuant to subsection (a) shall be--
(A) made available only for tools and techniques to
securely develop and distribute BBG digital content;
facilitate audience access to such content on Web sites
that are censored; coordinate the distribution of BBG
digital content to targeted regional audiences; and to
promote and distribute such tools and techniques,
including digital security techniques;
(B) coordinated with programs funded by this Act
under the heading ``International Broadcasting
Operations'', and shall be incorporated into country
broadcasting strategies, as appropriate;
(C) coordinated by the BBG CEO to provide Internet
circumvention tools and techniques for audiences in
countries that are strategic priorities for the BBG and
in a manner consistent with the BBG Internet freedom
strategy; and
(D) made available for the research and development
of new tools or techniques authorized in paragraph (A)
only after the BBG CEO, in consultation with the
Secretary of State and other relevant United States
Government departments and agencies, evaluates the
risks and benefits of such new tools or techniques, and
establishes safeguards to minimize the use of such new
tools or techniques for illicit purposes.
(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 CEO 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.
impact on jobs in the united states
Sec. 7079. 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 coal-fired or other power-generation project the purpose of
which 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.
fragile states and extremism
Sec. 7080. (a) Funding.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made available for
assistance for Syria, Iraq, and Somalia shall be made available to
carry out the purposes of this section, subject to prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations.
(b) Comprehensive Plan.--Funds made available pursuant to
subsection (a) shall be transferred to, and merged with, funds
appropriated by this Act under the heading ``United States Institute of
Peace'' for the purposes of developing a comprehensive plan (the Plan)
to prevent the underlying causes of extremism in fragile states in the
Sahel, Horn of Africa, and the Near East: Provided, That such funds
are in addition to amounts otherwise available to the United States
Institute of Peace (USIP) under title I of this Act: Provided further,
That USIP shall consult with the Committees on Appropriations prior to
developing such Plan: Provided further, That USIP shall also consult
with relevant United States Government agencies, foreign governments,
and civil society, as appropriate, in developing the Plan.
(c) Demonstration Project.--Funds made available by subsection (a)
shall be made available to implement the Plan required by subsection
(b) through a demonstration project, consistent with the requirements
described in section 7073(d)(2) of S. 3117 (as introduced in the Senate
on June 29, 2016): Provided, That such funds shall be made available
to the maximum extent practicable on a cost-matching basis from sources
other than the United States Government.
consular and border security programs
Sec. 7081. (a) Separate Fund.--There is established in the Treasury
a separate fund to be known as the ``Consular and Border Security
Programs'' account into which the following fees shall be deposited for
the purposes of the consular and border security programs.
(b) Machine-readable Visa Fee.--Section 103(d) of Public Law 107-
173 (8 U.S.C. 1713) is amended by striking ``credited as an offsetting
collection to any appropriation for the Department of State'' and
inserting ``deposited in the Consular and Border Security Programs
account''.
(c) Passport and Immigrant Visa Security Surcharges.--The fourth
paragraph under the heading ``Diplomatic and Consular Programs'' in
title IV of division B of Public Law 108-447 (8 U.S.C. 1714) is amended
by striking ``credited to this account'' and inserting ``deposited in
the Consular and Border Security Programs account''.
(d) Diversity Immigrant Lottery Fee.--Section 636 of title VI,
division C of Public Law 104-208 (8 U.S.C. 1153 note) is amended by
striking ``as an offsetting collection to any Department of State
appropriation'' and inserting ``in the Consular and Border Security
Programs account''.
(e) Affidavit of Support Fee.--Section 232(c) of title II of
division A of H.R. 3427 (106th Congress) (incorporated by reference by
section 1000(a)(7) of division B of Public Law 106-113, as amended (8
U.S.C. 1183a note), is further amended by striking ``as an offsetting
collection to any Department of State appropriation'' and inserting
``in the Consular and Border Security Programs account''.
(f) Western Hemisphere Travel Initiative Surcharge.--Subsection
(b)(1) of section 1 of the Passport Act of June 4, 1920 (22 U.S.C.
214(b)(1)) is amended by striking ``as an offsetting collection to the
appropriate Department of State appropriation'' and inserting ``in the
Consular and Border Security Programs account''.
(g) Expedited Passport Fee.--The first proviso under the heading
``Diplomatic and Consular Programs'' in title V of Public Law 103-317
(22 U.S.C. 214 note) is amended by inserting ``or in the Consular and
Border Security Programs account'' after ``offsetting collection''.
(h) Transfer of Funds.--
(1) The unobligated balances of amounts available from fees
referenced under this section may be transferred to the
Consular and Border Security Programs account.
(2) Funds deposited in or transferred to the Consular and
Border Security Programs account may be transferred between
funds appropriated under the heading ``Administration of
Foreign Affairs''.
(3) The transfer authorities in this section shall be in
addition to any other transfer authority available to the
Department of State.
(i) Effective Date.--The amendments made by this section shall take
effect no later than October 1, 2018, and shall be implemented in a
manner that ensures the fees collected, transferred, and used in fiscal
year 2019 can be readily tracked.
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 2017, $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, 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.
afghan allies
(including rescission of funds)
Sec. 7083. (a) Afghan Allies.--Section 602(b)(3)(F) of the Afghan
Allies Protection Act, 2009 (division F of Public Law 111-8), as
amended, is further amended by substituting ``11,000'' for ``8,500'' in
the matter preceding clause (i).
(b) Rescission of Funds.--Of the funds appropriated in prior Acts
making appropriations for the Department of State, foreign operations,
and related programs that remain available for obligation under the
heading ``Bilateral Economic Assistance, Funds Appropriated to the
President, Economic Support Fund'', $6,000,000 are rescinded:
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 section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
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'',
$2,410,386,000, to remain available until September 30, 2018, of which
$1,815,210,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $5,000,000 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 subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That 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 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'',
$54,900,000, to remain available until September 30, 2018, 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 2016:
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'', $1,238,800,000, to remain available until expended, of
which $1,228,000,000 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'', $96,240,000: 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'', $1,354,660,000, 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.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $4,800,000, 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.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $152,080,000,
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.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$2,323,203,000, 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.
For an additional amount for ``International Disaster Assistance'',
$990,000,000, to remain available until expended, for famine
prevention, relief, and mitigation, including for South Sudan, Somalia,
Nigeria, and Yemen: 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.
economic support fund
For an additional amount for ``Economic Support Fund'',
$2,609,242,000, 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.
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe, Eurasia and
Central Asia'', $453,696,000, 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.
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, $2,146,198,000, 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.
united states emergency refugee and migration assistance fund
For an additional amount for ``United States Emergency Refugee and
Migration Assistance Fund'', $40,000,000, 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.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $412,260,000, 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.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', $341,754,000, 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.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$473,973,000, 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:
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.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $1,325,808,000, 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.
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 2017.
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 of funds
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.
(b) Notwithstanding any other provision of this section, not to
exceed $15,000,000 from funds appropriated under the headings
``International Narcotics Control and Law Enforcement'', ``Peacekeeping
Operations'', and ``Foreign Military Financing Program'' by this title
in this Act may be transferred to, and merged with, funds previously
made available under the heading ``Global Security Contingency Fund''.
(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.
countering the islamic state of iraq and syria and combating terrorism
in the near east and africa
Sec. 8004. (a) Relief and Recovery Fund.--Funds appropriated by
this Act under the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', ``Peacekeeping Operations'',
and ``Foreign Military Financing Program'' that are designated for the
Relief and Recovery Fund in the tables included in the explanatory
statement described in section 4 (in the matter preceding division A of
this Consolidated Act) shall be made available for assistance for areas
liberated from, or under the influence of, the Islamic State of Iraq
and Syria, other terrorist organizations, or violent extremist
organizations in and around the Near East and Africa: Provided, That
such funds are in addition to amounts otherwise made available for such
purposes and to amounts specifically designated in this Act for
assistance for foreign countries: Provided further, That such funds
shall be made available to the maximum extent practicable on a cost-
matching basis from sources other than the United States, except that
no such funds may be made available for the costs of significant
infrastructure projects: Provided further, That such funds
appropriated under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' shall be made
available for programs and activities included under this section in
the explanatory statement described in section 4 (in the matter
preceding division A of this Consolidated Act): Provided further, That
the Secretary of State shall include funds made available pursuant to
this subsection in the update to reports required by section 204 of the
Security Assistance Appropriations Act, 2017 (division B of Public Law
114-254).
(b) Counterterrorism Partnerships Fund.--Funds appropriated by this
Act under the heading ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'' shall be made available for the Counterterrorism
Partnerships Fund: Provided, That funds made available pursuant to
this subsection shall be made available to enhance the capacity of
Kurdistan Regional Government security services and for security
programs in the Kurdistan Region of Iraq that further the security
interest of the United States.
(c) Oversight Requirement.--Prior to the obligation of funds made
available pursuant to subsections (a) and (b), the Secretary of State
shall take all practicable steps to ensure that mechanisms are in place
for monitoring, oversight, and control of such funds: Provided, That
the Secretary shall promptly inform the appropriate congressional
committees of each instance in which assistance provided pursuant to
subsections (a) and (b) has been diverted or destroyed, to include the
type and amount of assistance, a description of the incident and
parties involved, and an explanation of the response of the Department
of State.
(d) Notification Requirement.--Funds made available pursuant to
this section shall be subject to the regular notification procedures of
the Committees on Appropriations.
famine prevention, relief, and mitigation
(including transfer of funds)
Sec. 8005. (a) Transfer Authority and Notification Requirement.--
(1) Of the funds appropriated by this title in the second
paragraph under the heading ``International Disaster
Assistance''--
(A) not less than $300,000,000 shall be transferred
to, and merged with, the Foreign Agricultural Service,
``Food for Peace Title II Grants'' account; and
(B) not less than $1,500,000 shall be transferred
to, and merged with, funds appropriated by this title
under the heading ``Operating Expenses'' for the United
States Agency for International Development.
(2) Funds appropriated by this title in the second
paragraph under the heading ``International Disaster
Assistance'' may be transferred to, and merged with, funds
appropriated by this title under the heading ``Migration and
Refugee Assistance''.
(3) The transfer authority of this subsection is in
addition to any transfer authority otherwise available under
any other provision of law, and shall be for famine prevention,
relief, and mitigation.
(b) Reporting Requirements.--Not later than 30 days after enactment
of this Act and every 45 days thereafter until September 30, 2018, the
Director of the Office of Management and Budget, in consultation with
the Secretary of State and Administrator of the United States Agency
for International Development, shall submit to the Committees on
Appropriations a report on the proposed use of funds appropriated under
the heading ``International Disaster Assistance'' from this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs, for famine prevention, relief, and
mitigation: Provided, That such report shall include the requirements
enumerated under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this Consolidated
Act).
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017''.
DIVISION K--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$114,000,000, of which not to exceed $2,758,000 shall be available for
the immediate Office of the Secretary; not to exceed $1,040,000 shall
be available for the immediate Office of the Deputy Secretary; not to
exceed $20,772,000 shall be available for the Office of the General
Counsel; not to exceed $10,033,000 shall be available for the Office of
the Under Secretary of Transportation for Policy; not to exceed
$14,019,000 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 $29,356,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed $2,142,000
shall be available for the Office of Public Affairs; not to exceed
$1,760,000 shall be available for the Office of the Executive
Secretariat; not to exceed $11,089,000 shall be available for the
Office of Intelligence, Security, and Emergency Response; and not to
exceed $18,485,000 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.
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, 2019: 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, 2020:
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 $25,000,000: Provided
further, That not more than 10 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 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.
national surface transportation and innovative finance bureau
For necessary expenses for the establishment and administration of
a new National Surface Transportation and Innovative Finance Bureau
(the Bureau) within the Office of the Secretary of Transportation,
$3,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall use such amount for the necessary
expenses to establish the Bureau and to fulfill the responsibilities of
the Bureau, as detailed in section 9001 of the Fixing America's Surface
Transportation (FAST) Act (Public Law 114-94) (49 U.S.C. 116):
Provided further, That the Secretary is required to receive the advance
approval of the House and Senate Committees on Appropriations prior to
exercising the authorities of 49 U.S.C. 116(h): Provided further, That
the program be available to other Federal agencies, States,
municipalities and project sponsors seeking Federal transportation
expertise in obtaining financing.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and re-engineering business
processes, $4,000,000, to remain available through September 30, 2018.
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,
and implementation of enhanced security controls on network devices,
$15,000,000, to remain available through September 30, 2018.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,751,000.
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, $12,000,000: Provided,
That of such amount, $3,000,000 shall be for necessary expenses of the
Interagency Infrastructure Permitting Improvement Center (IIPIC):
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 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 $190,389,000 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, $339,000, 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, $602,000.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,646,000, to remain available
until September 30, 2018: 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, $150,000,000, 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 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. 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 from
available funds for transit benefit distribution services 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 maintain a reasonable
operating reserve in the Working Capital Fund, to be expended in
advance to provide uninterrupted transit benefits to Government
employees: Provided further, That such reserve will not exceed one
month of benefits payable and may be used only for the purpose of
providing for the continuation of transit benefits: Provided further,
That the Working Capital Fund will be fully reimbursed by each customer
agency from available funds for the actual cost of the transit benefit.
Sec. 103. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
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,
$10,025,852,000, to remain available until September 30, 2018, of which
$9,173,000,000 shall be derived from the Airport and Airway Trust Fund,
of which not to exceed $7,559,785,000 shall be available for air
traffic organization activities; not to exceed $1,298,482,000 shall be
available for aviation safety activities; not to exceed $19,826,000
shall be available for commercial space transportation activities; not
to exceed $771,342,000 shall be available for finance and management
activities; not to exceed $60,155,000 shall be available for NextGen
and operations planning activities; not to exceed $107,161,000 shall be
available for security and hazardous materials safety; and not to
exceed $209,101,000 shall be available for staff offices: Provided,
That not to exceed 5 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 5 percent:
Provided further, That any transfer in excess of 5 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 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 $159,000,000 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
none of the funds appropriated or otherwise made available by this Act
or any other Act may be used to eliminate the Contract Weather
Observers program at any airport.
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 $486,000,000 shall remain available until
September 30, 2017, and $2,369,000,000 shall remain available until
September 30, 2019: 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 years 2018 through 2022, 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.
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, $176,500,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2019: 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, $3,750,000,000, 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 2017, 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 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 $107,691,000 shall be
available for administration, not less than $15,000,000 shall be
available for the Airport Cooperative Research Program, not less than
$31,375,000 shall be available for Airport Technology Research, and
$10,000,000, 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 2017.
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. 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. 117. 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. 118. 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. 119. 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 Federal Aviation Administration 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. 119A. 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. 119B. 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.
Sec. 119C. None of the funds provided under this Act may be used
by the Administrator of the Federal Aviation Administration to withhold
from consideration and approval any application for participation in
the Contract Tower Program, or for reevaluation of Cost-share Program
participants, pending as of January 1, 2016, as long as the Federal
Aviation Administration has received an application from the airport,
and as long as the Administrator determines such tower is eligible
using the factors set forth in the Federal Aviation Administration
report, Establishment and Discontinuance Criteria for Airport Traffic
Control Towers (FAA-APO-90-7 as of August, 1990).
Sec. 119D. For fiscal year 2017, the Secretary of Transportation
shall apportion to the sponsor of a primary airport under section
47114(c)(1)(A) of title 49, United States Code, an amount based on the
number of passenger boardings at the airport during calendar year 2012
if the airport had--
(1) fewer than 10,000 passenger boardings during the
calendar year used to calculate the apportionment for fiscal
year 2017; and
(2) 10,000 or more passenger boardings during calendar year
2012.
Sec. 119E. Section 47109(c)(2) of title 49, United States Code, is
amended to read as follows: ``The Government's share of allowable
project costs determined under this subsection shall not exceed the
lesser of 93.75 percent or the highest percentage Government share
applicable to any project in any State under subsection (b), except
that at a primary non-hub and non-primary commercial service airport
located in a State as set forth in paragraph (1) of this subsection
that is within 15 miles of another State as set forth in paragraph (1)
of this subsection, the Government's share shall be an average of the
Government share applicable to any project in each of the States.''.
Sec. 119F. (a) Subchapter I of chapter 471, as amended by this
subtitle, is further amended by adding at the end the following:
``Sec. 47144. Use of funds for repairs for runway safety repairs
``(a) In General.--The Secretary of Transportation may make project
grants under this subchapter to an airport described in subsection (b)
from funds under section 47114 apportioned to that airport or funds
available for discretionary grants to that airport under section 47115
to conduct airport development to repair the runway safety area of the
airport damaged as a result of a natural disaster in order to maintain
compliance with the regulations of the Federal Aviation Administration
relating to runway safety areas, without regard to whether construction
of the runway safety area damaged was carried out using amounts the
airport received under this subchapter.
``(b) Airports Described.--An airport is described in this
subsection if--
``(1) the airport is a public-use airport;
``(2) the airport is listed in the National Plan of
Integrated Airport Systems of the Federal Aviation
Administration;
``(3) the runway safety area of the airport was damaged as
a result of a natural disaster;
``(4) the airport was denied funding under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 4121 et seq.) with respect to the disaster;
``(5) the operator of the airport has exhausted all legal
remedies, including legal action against any parties (or
insurers thereof) whose action or inaction may have contributed
to the need for the repair of the runway safety area;
``(6) there is still a demonstrated need for the runway
safety area to accommodate current or imminent aeronautical
demand; and
``(7) the cost of repairing or replacing the runway safety
area is reasonable in relation to the anticipated operational
benefit of repairing the runway safety area, as determined by
the Administrator of the Federal Aviation Administration.''.
(b) The analysis for chapter 471, as amended by this subtitle, is
further amended by inserting after the item relating to section 47143
the following:
``47144. Use of funds for repairs for runway safety repairs.''.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $432,547,000, 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(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of Federal-aid
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 $43,266,100,000 for fiscal year 2017: 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 Federal-aid
highway and highway safety construction programs authorized under title
23, United States Code, $44,005,100,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
(rescission)
(highway trust fund)
Of the unobligated balances of funds apportioned among the States
under chapter 1 of title 23, United States Code, a total of
$857,000,000 is hereby permanently rescinded on June 30, 2017:
Provided, That such rescission shall not apply to funds distributed in
accordance with sections 104(b)(3) and 130(f) of title 23, United
States Code; section 133(d)(1)(A) of such title; the first sentence of
section 133(d)(3)(A) of such title, as in effect on the day before the
date of enactment of MAP-21 (Public Law 112-141); sections 133(d)(1)
and 163 of such title, as in effect on the day before the date of
enactment of SAFETEA-LU (Public Law 109-59); and section 104(b)(5) of
such title, as in effect on the day before the date of enactment of
MAP-21 (Public Law 112-141): Provided further, That such rescission
shall not apply to funds that are exempt from the obligation limitation
or subject to special no-year obligation limitation: Provided further,
That the amount to be rescinded from a State shall be determined by
multiplying the total amount of the rescission by the ratio that the
unobligated balances subject to the rescission as of May 31, 2017, for
the State; bears to the unobligated balances subject to the rescission
as of May 31, 2017, for all States: Provided further, That the amount
to be rescinded under this section from each program to which the
rescission applies within a State shall be determined by multiplying
the rescission amount calculated for such State by the ratio that the
unobligated balance as of May 31, 2017, for such program in such State;
bears to the unobligated balances as of May 31, 2017, for all programs
to which the rescission applies in such State.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2017, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for
Federal-aid 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--
(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);
(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 2017, 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--
(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. (a) Transfer of Amounts.--
(1) State of virginia.--
(A) In general.--Of the total amount apportioned to
the State of Virginia under section 104 of title 23,
United States Code, for fiscal year 2017, the Secretary
of Transportation shall, by the later of November 30,
2016, or 30 days after the enactment of this Act,
transfer to the National Park Service--
(i) an amount equal to--
(I) $30,000,000; multiplied by
(II) the ratio that--
(aa) the amount apportioned
to the State of Virginia under
such section 104; bears to
(bb) the combined amount
apportioned to the State of
Virginia and the District of
Columbia under such section
104; and
(ii) an amount of obligation limitation
equal to the amount calculated under clause
(i).
(B) Source and amount.--For purpose of the transfer
under subparagraph (A), the State of Virginia shall
select at the discretion of the State--
(i) the programs (among those for which
funding is apportioned as described in that
subparagraph) from which to transfer the amount
specified in that subparagraph; and
(ii) the amount to transfer from each of
those programs (equal in aggregate to the
amount calculated under subparagraph (A)(i)).
(2) District of columbia.--
(A) In general.--Of the total amount apportioned to
the District of Columbia under section 104 of title 23,
United States Code, for fiscal year 2017, the Secretary
of Transportation shall, by the later of November 30,
2016, or 30 days after the enactment of this Act,
transfer to the National Park Service--
(i) an amount equal to--
(I) $30,000,000; multiplied by
(II) the ratio that--
(aa) the amount apportioned
to the District of Columbia
under such section 104; bears
to
(bb) the combined amount
apportioned to the State of
Virginia and the District of
Columbia under such section
104; and
(ii) an amount of obligation limitation
equal to the amount calculated under clause
(i).
(B) Source and amount.--For purpose of the transfer
under subparagraph (A), the District of Columbia shall
select at the discretion of the District--
(i) the programs (among those for which
funding is apportioned as described in that
subparagraph) from which to transfer the amount
specified in that subparagraph; and
(ii) the amount to transfer from each of
those programs (equal in aggregate to the
amount calculated under subparagraph (A)(i)).
(3) Federal lands transportation program.--Of the amounts
otherwise made available to the National Park Service under
section 203 of title 23, United States Code, not less than 10
percent shall be set aside for purposes of this section.
(b) Eligibility and Federal Share.--The amounts under subsection
(a) shall be--
(1) available to the National Park Service only for
projects that--
(A) are eligible under section 203 of title 23,
United States Code; and
(B) are located on bridges on the National Highway
System that were originally constructed before 1945 and
are in poor condition; and
(2) subject to the Federal share described in section
201(b)(7)(A) of title 23, United States Code.
(c) Other Funds and Obligation Limitation.--Any funds and
obligation limitation transferred under subsection (a) shall be in
addition to funds or obligation limitation otherwise made available to
the National Park Service under sections 203 and 204 of title 23,
United States Code.
Sec. 123. 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. 124. 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. 125. None of the funds in this Act may be used to make a
grant for a project under section 117 of title 23, United States Code,
unless the Secretary, at least 60 days before making a grant under that
section, provides written notification to the House and Senate
Committees on Appropriations of the proposed grant, including an
evaluation and justification for the project and the amount of the
proposed grant award.
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 of title 49, United States Code, as
amended by the Fixing America's Surface Transportation Act,
$277,200,000, 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 $277,200,000
for ``Motor Carrier Safety Operations and Programs'' for fiscal year
2017, of which $9,180,000, to remain available for obligation until
September 30, 2019, is for the research and technology program.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act, $367,000,000, 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 $367,000,000 in fiscal
year 2017 for ``Motor Carrier Safety Grants''; of which $292,600,000
shall be available for the motor carrier safety assistance program,
$31,200,000 shall be available for the commercial driver's license
program implementation program, $42,200,000 shall be available for the
high priority activities program, and $1,000,000 shall be available for
the commercial motor vehicle operators grant program.
administrative provisions--federal motor carrier safety administration
Sec. 130. 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.
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 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 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.
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,
$180,075,000, of which $20,000,000 shall remain available through
September 30, 2018.
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,
$145,900,000, to be derived from the Highway Trust Fund (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 2017, are in excess of $145,900,000, of which $140,700,000
shall be for programs authorized under 23 U.S.C. 403 and $5,200,000
shall be for the National Driver Register authorized under chapter 303
of title 49, United States Code: Provided further, That within the
$145,900,000 obligation limitation for operations and research,
$20,000,000 shall remain available until September 30, 2018, 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, $585,372,000, 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 2017, are in
excess of $585,372,000 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 $252,300,000 shall be for ``Highway Safety
Programs'' under 23 U.S.C. 402; $277,500,000 shall be for ``National
Priority Safety Programs'' under 23 U.S.C. 405; $29,500,000 shall be
for ``High Visibility Enforcement Program'' under 23 U.S.C. 404;
$26,072,000 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)(8), 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)(8) within 5 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, 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, $218,298,000, of which $15,900,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$40,100,000, 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 shall 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 2017, except for Federal funds awarded
in accordance with section 3028(c) of Public Law 114-94.
federal-state partnership for state of good repair grants
For necessary expenses related to Federal-State Partnership for
State of Good Repair Grants as authorized by section 24911 of title 49,
United States Code, $25,000,000, to remain available until expended:
Provided, That the Secretary may withhold up to one percent of the
amount provided under this heading for the costs of project management
oversight of grants carried out under section 24911 of title 49, United
States Code.
consolidated rail infrastructure and safety improvements grants
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements Grants as authorized by section 24407 of title
49, United States Code, $68,000,000, to remain available until
expended, for projects eligible under sections 24407(c)(1) through
24407(c)(10) of title 49, United States Code, of which $10,000,000
shall be available for eligible projects under section 24407(c)(2) of
title 49, United States Code, that contribute to the initiation or
restoration of intercity passenger rail service: Provided, That the
Secretary may withhold up to one percent of the amount provided under
this heading for the costs of project management oversight of grants
carried out under section 24407 of title 49, United States Code.
restoration and enhancement grants
For necessary expenses related to Restoration and Enhancement
Grants, as authorized by section 24408 of title 49, United States Code,
$5,000,000, to remain available until expended: Provided, That the
Secretary may withhold up to one percent of the funds provided under
this heading to fund the costs of project management and oversight.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 11101(a) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$328,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the funds provided
under both this heading and the National Network Grants to the National
Railroad Passenger Corporation heading to fund the costs of project
management and oversight of activities authorized by section 11101(c)
of division A of Public Law 114-94: Provided further, That in addition
to the project management oversight funds authorized under section
11101(c) of division A of Public Law 114-94, the Secretary may retain
up to an additional $5,000,000 of the funds provided under this heading
to fund expenses associated with the Northeast Corridor Commission
established under section 24905 of title 49, United States Code:
Provided further, That of the amounts made available under this heading
and the National Network Grants to the National Railroad Passenger
Corporation 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.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 11101(b) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$1,167,000,000, to remain available until expended: Provided, That the
Secretary may retain up to an additional $2,000,000 of the funds
provided under this heading to fund expenses associated with the State-
Supported Route Committee established under 24712 of title 49, United
States Code.
administrative provisions--federal railroad administration
Sec. 150. 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 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 within 30 days of such
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, 2017, a summary of all overtime payments
incurred by the Corporation for 2016 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 2016 and for the three prior calendar years.
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, $113,165,000: 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 2018 President's budget,
the Secretary of Transportation shall transmit to Congress the annual
report on New Starts, including proposed allocations for fiscal year
2018.
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 sections 3006(b) and
3028 of the Fixing America's Surface Transportation Act,
$10,800,000,000, 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 sections 3006(b) and 3028 of the Fixing America's
Surface Transportation Act, shall not exceed total obligations of
$9,733,706,043 in fiscal year 2017: Provided further, That the Federal
share of the cost of activities carried out under section 5312 shall
not exceed 80 percent, except that if there is substantial public
interest or benefit, the Secretary may approve a greater Federal share.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000.
capital investment grants
For necessary expenses to carry out 49 U.S.C. 5309 and section
3005(b) of the FAST Act, $2,412,631,000, to remain available until
expended.
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 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 division B 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, 2021, 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, 2016, 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. (a) 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) 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
(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. 164. Any unobligated amounts made available for fiscal year
2012 or prior fiscal years to carry out the discretionary job access
and reverse commute program under section 3037 of the transportation
equity act for the 21st century are hereby rescinded: Provided, That
such amounts are made available for projects eligible under 49 U.S.C.
5309(q).
Sec. 165. Section 5307(a) of title 49, United States Code, is
amended by striking paragraphs (2) and (3) and inserting the following:
``(2) The Secretary may make grants under this section to
finance the operating cost of equipment and facilities for use
in public transportation, excluding rail fixed guideway, in an
urbanized area with a population of not fewer than 200,000
individuals, as determined by the Bureau of the Census--
``(A) for public transportation systems that--
``(i) operate 75 or fewer buses in fixed
route service or demand response service,
excluding ADA complementary paratransit
service, during peak service hours, in an
amount not to exceed 75 percent of the share of
the apportionment which is attributable to such
systems within the urbanized area, as measured
by vehicle revenue hours; or
``(ii) operate a minimum of 76 buses and a
maximum of 100 buses in fixed route service or
demand response service, excluding ADA
complementary paratransit service, during peak
service hours, in an amount not to exceed 50
percent of the share of the apportionment which
is attributable to such systems within the
urbanized area, as measured by vehicle revenue
hours; or
``(B) subject to paragraph (3), for public
transportation systems that--
``(i) operate 75 or fewer buses in fixed
route service or demand response service,
excluding ADA complementary paratransit
service, during peak service hours, in an
amount not to exceed 75 percent of the share of
the apportionment allocated to such systems
within the urbanized area, as determined by the
local planning process and included in the
designated recipient's final program of
projects prepared under subsection (b); or
``(ii) operate a minimum of 76 buses and a
maximum of 100 buses in fixed route service or
demand response service, excluding ADA
complementary paratransit service during peak
service hours, in an amount not to exceed 50
percent of the share of the apportionment
allocated to such systems within the urbanized
area, as determined by the local planning
process and included in the designated
recipient's final program of projects prepared
under subsection (b).
``(3) The amount available to a public transportation
system under subparagraph (B) of paragraph (2) shall be not
more than 10 percent greater than the amount that would
otherwise be available to the system under subparagraph (A) of
that paragraph.''.
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, $36,028,000, 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, $300,000,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $175,560,000, of which $22,000,000 shall remain
available until expended for maintenance and repair of training ships
at State Maritime Academies, and of which $6,000,000 shall remain
available until expended for National Security Multi-Mission Vessel
Program for State Maritime Academies and National Security, and of
which $2,400,000 shall remain available through September 30, 2018, for
the Student Incentive Program at State Maritime Academies, and of which
$1,800,000 shall remain available until expended for training ship fuel
assistance payments, and of which $14,218,000 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, 2018,
for Maritime Environment and Technology Assistance program authorized
under section 50307 of title 46, United States Code, 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 authorized under sections 55601(b)(1) and (3) of title 46,
United States Code: Provided, That not later than January 12, 2018,
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, $10,000,000 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.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$34,000,000, to remain available until expended, of which $24,000,000
shall be for the decommissioning of the Nuclear Ship Savannah.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, 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, $22,500,000: Provided, That the
Secretary of Transportation shall issue a final rule to expand the
applicability of comprehensive oil spill response plans no later than
August 1, 2017: Provided further, That $1,500,000 shall be for
``Pipeline Safety Information Grants to Communities'' as authorized
under section 60130 of title 49, United States Code.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $57,000,000, of which $7,570,000 shall remain available
until September 30, 2019: 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,
$156,288,000, of which $20,288,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2019; and of which $128,000,000 shall be derived from the Pipeline
Safety Fund, of which $63,335,000 shall remain available until
September 30, 2019; and of which $8,000,000 shall be derived from the
Pipeline Safety Fund as provided in 49 U.S.C. 60302 (section 12 of the
PIPES Act of 2016 (Public Law 114-183)) from the Underground Natural
Gas Storage Facility Safety Account for the purpose of carrying out 49
U.S.C. 60141 of such Act (section 12 of the PIPES Act of 2016 (Public
Law 114-183)), of which $6,000,000 shall remain available until
September 30, 2019: Provided, That not less than $1,058,000 of the
funds provided under this heading shall be for the One-Call State grant
program.
emergency preparedness grants
(emergency preparedness fund)
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 2017 from amounts made available by 49 U.S.C. 5116(h),
and 5128(b) and (c): Provided, 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 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, $90,152,000: 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.
General Provisions--Department of Transportation
Sec. 180. (a) 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).
(b) During the current fiscal year, applicable appropriations to
the Department and its operating administrations shall be available for
the purchase, maintenance, operation, and deployment of unmanned
aircraft systems that advance the Department's, or its operating
administrations', missions.
(c) Any unmanned aircraft system purchased or procured by the
Department prior to the enactment of this Act shall be deemed
authorized.
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. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, or discretionary grant totaling $500,000 or
more 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 any discretionary
grant award, letter of intent, loan commitment, loan guarantee
commitment, line of credit commitment, or full funding grant agreement
is announced by the Department or its modal administrations: 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.
(b) In addition to the notification required in subsection (a),
none of the funds made available in this Act to the Department of
Transportation may be used to make a loan, loan guarantee, line of
credit, or discretionary grant unless the Secretary of Transportation
provides the House and Senate Committees on Appropriations a
comprehensive list of all such loans, loan guarantees, lines of credit,
or discretionary grants that will be announced not less the 3 full
business days before such announcement: Provided, That the requirement
to provide a list in this subsection does not apply to any ``quick
release'' of funds from the emergency relief program: Provided
further, That no list 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 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. 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. 190. 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. 191. 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, 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.
Sec. 192. Section 5303(r)(2)(C) of title 49, United States Code,
is amended--
(1) by inserting ``and 25 square miles of land area'' after
``145,000''; and
(2) by inserting ``and 12 square miles of land area'' after
``65,000''.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2017''.
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, $14,000,000:
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.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $517,647,000, of which $53,000,000 shall be available for the
Office of the Chief Financial Officer; $95,250,000 shall be available
for the Office of the General Counsel; $206,500,000 shall be available
for the Office of Administration, and of which, no less than $4,500,000
shall be available for the cost of consolidation and reconfiguration of
space in the Weaver Building in accordance with the space consolidation
plan which would bring employees back into such Building and reduce the
amount of leased space for such employees outside of such Building;
$40,250,000 shall be available for the Office of the Chief Human
Capital Officer; $51,000,000 shall be available for the Office of Field
Policy and Management; $18,067,000 shall be available for the Office of
the Chief Procurement Officer; $3,830,000 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
$45,250,000 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 non-administrative 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, $216,000,000.
community planning and development
For necessary salaries and expenses of the Office of Community
Planning and Development, $110,000,000.
housing
For necessary salaries and expenses of the Office of Housing,
$392,000,000.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $24,000,000.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair Housing
and Equal Opportunity, $72,000,000.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead Hazard
Control and Healthy Homes, $9,353,000.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and
Urban Development (referred to in this paragraph as the ``Fund''),
pursuant, in part, to section 7(f) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(f)), 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, 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 supplement the authorities and conditions provided under section
7(f).
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, $16,292,000,000, to remain available until
expended, shall be available on October 1, 2016 (in addition to the
$4,000,000,000 previously appropriated under this heading that shall be
available on October 1, 2016), and $4,000,000,000, to remain available
until expended, shall be available on October 1, 2017: Provided, That
the amounts made available under this heading are provided as follows:
(1) $18,355,000,000 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
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2017 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 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, 2017: 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 2017 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 2016 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 2017 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
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) $110,000,000 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 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 may provide section 8 rental assistance from amounts
made available under this paragraph for units assisted under a
project-based subsidy contract funded under the ``Project-Based
Rental Assistance'' heading under this title where the owner
has received a Notice of Default and the units pose an imminent
health and safety risk to residents: Provided further, That to
the extent that the Secretary determines that such units are
not feasible for continued rental assistance payments or
transfer of the subsidy contract associated with such units to
another project or projects and owner or owners, any remaining
amounts associated with such units under such contract shall be
recaptured and used to reimburse amounts used under this
paragraph for rental assistance under the preceding proviso;
(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
2017 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) $120,000,000 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
reduction as the percent decrease for administrative and other
expenses to public housing agencies under paragraph (3) of this
heading: Provided further, That any amounts provided under
this paragraph in this Act or prior Acts, remaining available
after funding renewals and administrative expenses under this
paragraph, shall be available for incremental tenant-based
assistance contracts under such section 811, including
necessary administrative expenses;
(5) $7,000,000 shall be for rental assistance and
associated administrative fees for Tribal HUD-VA Supportive
Housing to serve Native American veterans that are homeless or
at-risk of homelessness living on or near a reservation or
other Indian areas: Provided, That such amount shall be made
available for renewal grants to the recipients that received
assistance under the rental assistance and supportive housing
demonstration program for Native American veterans authorized
under the heading ``Tenant-Based Rental Assistance'' in title
II of division K of the Consolidated and Further Continuing
Appropriations Act, 2015 (Public Law 113-235, 128 Stat. 2733):
Provided further, That the Secretary shall be authorized to
specify criteria for renewal grants, including data on the
utilization of assistance reported by grant recipients under
the demonstration program: Provided further, That any amounts
remaining after such renewal assistance is awarded may be
available for new grants to recipients eligible to receive
block grants under the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. section 4101 et seq.)
for rental assistance and associated administrative fees for
Tribal HUD-VA Supportive Housing to serve Native American
veterans that are homeless or at-risk of homelessness living on
or near a reservation or other Indian areas: Provided further,
That funds shall be awarded based on need, and administrative
capacity established by the Secretary in a Notice published in
the Federal Register after coordination with the Secretary of
the Department of Veterans Affairs: Provided further, That
renewal grants and new grants under this paragraph shall be
administered by block grant recipients in accordance with
program requirements under the Native American Housing
Assistance and Self-Determination Act of 1996: Provided
further, That assistance under this paragraph shall be modeled
after, with necessary and appropriate adjustments for Native
American grant recipients and veterans, the rental assistance
and supportive housing program known as HUD-VASH program,
including administration in conjunction with the Department of
Veterans Affairs and overall implementation of section 8(o)(19)
of the United States Housing Act of 1937: Provided further,
That the Secretary of Housing and Urban Development may waive,
or specify alternative requirements for 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 assistance:
Provided further, That grant recipients shall report to the
Secretary on utilization of such rental assistance and other
program data, as prescribed by the Secretary;
(6) $40,000,000 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;
(7) $10,000,000 shall be made available for new incremental
voucher assistance through the family unification program as
authorized by section 8(x) of the Act: Provided, That the
assistance made available under this paragraph shall continue
to remain available for family unification upon turnover:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a prior Act
under the family unification program that determines that it no
longer has an identified need for such assistance upon
turnover, such agency shall notify the Secretary, and the
Secretary shall recapture such assistance from the agency and
reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
program; and
(8) 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 2017 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 project-based 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.
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'') $1,941,500,000, to remain available until
September 30, 2020: Provided, That notwithstanding any other provision
of law or regulation, during fiscal year 2017, 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 $10,000,000 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 2017:
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 in addition to the amount in the
previous proviso for such safety and security measures, any amounts
that remain available, after all applications received on or before
September 30, 2018, for emergency capital needs have been processed,
shall be allocated to public housing agencies for such 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 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 2017
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: Provided further, That of the total amount provided under
this heading, $25,000,000 shall be available for competitive grants to
public housing agencies to evaluate and reduce lead-based paint hazards
in public housing by carrying out the activities of risk assessments,
abatement, and interim controls (as those terms are defined in section
1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4851b)): Provided further, That for purposes of
environmental review, a grant under the previous proviso shall be
considered funds for projects or activities under title I of the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.) for purposes of
section 26 of such Act (42 U.S.C. 1437x) and shall be subject to the
regulations implementing such section.
public housing operating fund
For 2017 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)), $4,400,000,000,
to remain available until September 30, 2018.
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, $137,500,000, to remain available until September 30, 2019:
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 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
$50,000,000 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 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 as grants to undertake comprehensive
local planning with input from residents and the community: 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 self-
sufficiency 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, 2018: 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.),
$654,000,000, to remain available until September 30, 2021: 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 single-race census data and with the need component based on
multi-race 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 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, $3,500,000 shall be to support the
inspection of Indian housing units, contract expertise, training, and
technical assistance related to funding provided under this heading and
other headings under this Act for the needs of Native American families
and Indian country: 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 $17,857,142: 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, That
notwithstanding section 302(d) of NAHASDA, if on the date of enactment
of this Act, a recipient's total amount of undisbursed block grant
funds in the Department's line of credit control system is greater than
the sum of its prior 3 years' initial formula allocation calculations,
the Secretary shall adjust that recipient's formula allocation that it
would otherwise receive down by the difference between its total amount
of undisbursed block grant funds in the Department's line of credit
control system on the date of enactment of this Act, and the sum of its
prior 3 years' initial formula allocation calculations: 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 under such proviso: Provided further, That the second
proviso shall not apply to any Indian tribe that would otherwise
receive a formula allocation of less than $5,000,000: Provided
further, That to take effect, the three previous provisos do not
require issuance or amendment of any regulation, shall not be subject
to a formula challenge by an Indian tribe, 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), $5,500,000, 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
$1,341,463,415, 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: Provided further, That an additional
$1,727,000 shall be available until expended for such costs of
guaranteed loans authorized under such section 184 issued to tribes and
Indian housing authorities for the construction of rental housing for
law enforcement, healthcare, educational, technical and other skilled
workers: Provided further, That the funds specified in the previous
proviso are available to subsidize total loan principal, any part of
which is to be guaranteed, up to $421,219,512 to remain available until
expended: Provided further, That the Secretary may specify any
additional program requirements with respect to the previous two
provisos through publication of a Mortgagee Letter or Notice.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $2,000,000, to
remain available until September 30, 2021.
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.), $356,000,000, to remain available until September 30,
2018, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2019: Provided,
That the Secretary shall renew all expiring contracts for permanent
supportive housing that initially were funded under section 854(c)(5)
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,
2019, 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 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.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2017, 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.
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, 2020:
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 ``Full-Year 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 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, 2019: 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 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 $4,000,000, 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,
$2,383,000,000, to remain available until September 30, 2019:
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 $310,000,000 of the funds
appropriated under this heading shall be available for such Emergency
Solutions Grants program, of which, $40,000,000 shall be made
available, as determined by the Secretary, for grants for rapid re-
housing or other critical activities in order to assist communities
that lost significant capacity after January 1, 2016 to serve persons
experiencing homelessness: Provided further, That not less than
$2,018,000,000 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 $12,000,000 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 collect
system performance measures for each continuum of care, 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 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 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 2017:
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
$43,000,000 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 11 communities,
including at least five 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 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.
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,
$10,416,000,000, to remain available until expended, shall be available
on October 1, 2016 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2016),
and $400,000,000, to remain available until expended, shall be
available on October 1, 2017: 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 $235,000,000 shall
be available for performance-based contract administrators for section
8 project-based 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 performance-based
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 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 capital advances, including 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, $502,400,000 to remain available until
September 30, 2020, of which $10,000,000 shall be for capital advance
and project-based rental assistance awards or for incremental senior
preservation rental assistance contracts: Provided, That amounts for
project rental assistance contracts are to remain available for the
liquidation of valid obligations for 10 years following the date of
such obligation: Provided further, That of the amount provided under
this heading, up to $75,000,000 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,
2020: 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 services associated with the housing
for persons with disabilities as authorized by section 811(b)(1) of
such Act, $146,200,000, to remain available until September 30, 2020:
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, 2020: 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, $55,000,000, to remain available until September
30, 2018, 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 State-aided,
noninsured rental housing projects, $20,000,000, 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.
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 2017 so as to result
in a final fiscal year 2017 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 2017
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, 2018: Provided, That during
fiscal year 2017, 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, 2018: Provided further, That
to the extent guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2017, 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 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, 2018: Provided,
That during fiscal year 2017, 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, 2018: 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, 2017, 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, $89,000,000, to remain available
until September 30, 2018: 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 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, 2018: 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,
$145,000,000, to remain available until September 30, 2018, of which
$30,000,000 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, $55,000,000
shall be made available on a competitive basis for areas with the
highest lead-based 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 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, $257,000,000, of which $250,000,000 shall
remain available until September 30, 2018, and of which $7,000,000
shall remain available until September 30, 2019: 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: Provided further, That not more than 10
percent of the funds made available under this heading for development,
modernization and enhancement may be obligated until the Secretary
submits to the House and Senate Committees on Appropriations, for
approval, a plan for expenditure that--(A) identifies for each
modernization project: (i) the functional and performance capabilities
to be delivered and the mission benefits to be realized, (ii) the
estimated life-cycle cost, and (iii) key milestones to be met; and (B)
demonstrates that each modernization project is: (i) compliant with the
department's enterprise architecture, (ii) being managed in accordance
with applicable life-cycle management policies and guidance, (iii)
subject to the department's capital planning and investment control
requirements, and (iv) supported by an adequately staffed project
office.
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,
$128,082,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescission)
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. 1437f 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 2017 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.
Sec. 203. Subsection (c) of section 854 of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) is amended--
(1) in subclause (I) of paragraph (2)(A), by redesignating
the subclause as clause ``(i)''; and
(2) in subparagraph (D) of paragraph (2), to read as
follows:
``(D) Adjustment to grants.--For each of fiscal
years 2017, 2018, 2019, 2020, and 2021, with respect to
a grantee that received an allocation in the prior
fiscal year, the Secretary shall ensure that the
grantee's share of total formula funds available for
allocation does not decrease more than 5 percent nor
gain more than 10 percent of the share of the total
available formula funds that the grantee received in
the preceding fiscal year.''.
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 2017 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
2018, as well as the Department of Housing and Urban Development's
congressional budget justifications to be submitted to the 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. 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. 211. (a) Notwithstanding any other provision of law, subject
to the conditions listed under this section, for fiscal years 2017 and
2018, 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.
(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;
(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
low-income 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
project-based 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) Research Report.--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. 212. (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;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) 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. 213. 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. 214. 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,
2017, insure and enter into commitments to insure mortgages under such
section 255.
Sec. 215. Notwithstanding any other provision of law, in fiscal
year 2017, 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.
Sec. 216. 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 non-entitlement areas that
received the commitment.
Sec. 217. 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. 218. 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. 219. 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. 220. The Secretary of the Department of Housing and Urban
Development shall, for fiscal year 2017, 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 2017, 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. 221. 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 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. 222. 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. 223. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined by
the Secretary of Housing and Urban Development (in this section
referred to as the ``Secretary''), and comply with any standards under
applicable State or local laws, rules, ordinances, or regulations
relating to the physical condition of any property covered under a
housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a section 8 contract or contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies identified
by the inspector at the project have been corrected.
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).
(c)(1) Within 15 days of the issuance of the REAC inspection, the
Secretary must provide the owner with a Notice of Default with a
specified timetable, determined by the Secretary, for correcting all
deficiencies. The Secretary must also provide a copy of the Notice of
Default to the tenants, the local government, any mortgagees, and any
contract administrator. If the owner's appeal results in a UPCS score
of 60 or above, the Secretary may withdraw the Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) 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;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) 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;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the Secretary.
(d) 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
major threats to health and safety after written notice to the affected
tenants. 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 contract for project-
based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental
assistance.
(e) The Secretary shall report quarterly on all properties covered
by this section that are assessed through the Real Estate Assessment
Center and have UPCS physical inspection scores of less than 60 or have
received an unsatisfactory management and occupancy review within the
past 36 months. 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;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
Sec. 224. 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 2017.
Sec. 225. 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. 226. Section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal year'' and
all that follows through the period at the end and inserting
``fiscal year 2017.''; and
(2) in subsection (o), by striking ``September'' and all
that follows through the period at the end and inserting
``September 30, 2017.''.
Sec. 227. 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. 228. None of the funds made available by this Act may be used
to require or enforce the Physical Needs Assessment (PNA).
Sec. 229. 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. 230. 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. 231. 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. 232. 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. 233. None of the funds provided in this Act or any other act
may be used for awards, including performance, special act, or spot,
for any employee of the Department of Housing and Urban Development who
has been subject to administrative discipline in fiscal years 2016 or
2017, including suspension from work.
Sec. 234. 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 under section
526 of division H of Public Law 113-76, section 524 of division G of
Public Law 113-235, section 525 of division H of Public Law 114-113,
and such authorities as are enacted for Performance Partnership Pilots
in an appropriations Act for fiscal year 2017: 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. 235. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015, 2016, and 2017
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. 236. (a) From amounts made available under this title under
the heading ``Homeless Assistance Grants'', the Secretary may award 1-
year transition grants to recipients of funds for activities under
subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381 et seq.) to transition from one Continuum of Care program
component to another.
(b) No more than 50 percent of each transition grant may be used
for costs of eligible activities of the program component originally
funded.
(c) Transition grants made under this section are eligible for
renewal in subsequent fiscal years for the eligible activities of the
new program component.
(d) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the Continuum of Care and
meet standards determined by the Secretary.
Sec. 237. (a) Section 302 of the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 4822) is amended in subsection (e)--
(1) in paragraph (1)--
(i) by striking ``handicapped'' and inserting
``persons with disabilities, or any 0-bedroom
dwelling'';
(ii) by inserting ``or'' after ``expected to
reside;''; and
(iii) by striking ``less than 7 years of age'' and
inserting ``under age 6'';
(2) in paragraph (2) by striking ``; or'' and inserting
``.''; and
(3) by striking paragraph (3).
(b) Section 1004 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4851b) is amended in paragraph (27)--
(1) by inserting ``or any 0-bedroom dwelling'' after
``disabilities,''; and
(2) by deleting ``housing for the elderly or persons with
disabilities) or any 0 bedroom dwelling'' and inserting
``housing)''.
(c) Section 401 of the Toxic Substances Control Act (15 U.S.C.
2681) is amended in paragraph (17)--
(1) by inserting ``or any 0-bedroom dwelling'' after
``disabilities,''; and
(2) by deleting ``housing for the elderly or persons with
disabilities) or any 0 bedroom dwelling'' and inserting
``housing)''.
Sec. 238. Section 211 of the Department of Housing and Urban
Development Appropriations Act, 2008, is repealed.
Sec. 239. 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 the second proviso, by striking ``2018'' and
inserting ``2020''; and
(2) in the fourth proviso, by striking ``185,000'' and
inserting ``225,000''.
Sec. 240. The Secretary shall establish by notice such
requirements as may be necessary to implement section 78001 of title
LXXVIII of the Fixing America's Surface Transportation Act (Public Law
114-94), and the notice shall take effect upon issuance: Provided,
That the Secretary shall commence rulemaking based on the initial
notice no later than the expiration of the 6-month period following
issuance of the notice and the rulemaking shall allow for the
opportunity for public comment.
Sec. 241. For fiscal year 2017 and hereafter, the Secretary of
Housing and Urban Development may use amounts made available for the
Continuum of Care program under the ``Homeless Assistance Grants''
heading under this title 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.). 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.
Sec. 242. Section 218(g) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12748(g)) shall not apply with
respect to the right of a jurisdiction to draw funds from its HOME
Investment Trust Fund that otherwise expired or would expire in 2016,
2017, 2018, or 2019 under that section.
Sec. 243. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2017''.
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, $8,190,000:
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 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by 5
U.S.C. 5901-5902, $27,490,000: 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, $23,274,000: 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 2018, the Inspector General shall submit
to the House and Senate Committees on Appropriations a budget request
for fiscal year 2018 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),
$106,000,000, 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. 8101-8107), $140,000,000, of
which $5,000,000 shall be for a multi-family rental housing program.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,000,000: 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 dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2017, to
result in a final appropriation from the general fund estimated at no
more than $35,750,000.
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,
$3,600,000: Provided, That title II of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11319) is amended by striking ``October 1,
2017'' in section 209 and inserting ``October 1, 2018''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
(including rescissions)
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 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 2017, 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--
(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 2017 from appropriations made available for salaries
and expenses for fiscal year 2017 in this Act, shall remain available
through September 30, 2018, 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, water-related 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 the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, 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. 8301-8305).
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 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. 416. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board 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.
Sec. 417. All unobligated balances, including recaptures and
carryover, remaining from funds appropriated in division L of Public
Law 114-113 for ``Department of Transportation-Office of the Secretary-
Salaries and Expenses'', ``Department of Transportation-Office of the
Secretary-Office of Civil Rights'', ``Department of Transportation-
Office of the Secretary-Minority Business Outreach'', ``Department of
Transportation-Federal Transit Administration-Administrative
Expenses'', ``Department of Transportation-Pipeline and Hazardous
Materials Safety Administration-Operational Expenses'', ``Department of
Transportation-Surface Transportation Board-Salaries and Expenses'',
``Access Board-Salaries and Expenses'', ``Federal Maritime Commission-
Salaries and Expenses'', ``National Railroad Passenger Corporation-
Office of Inspector General-Salaries and Expenses'', ``National
Transportation Safety Board-Salaries and Expenses'', and ``United
States Interagency Council on Homelessness-Operating Expenses'' are
rescinded.
Sec. 418. (a) None of the funds made available in this Act may 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 (5 U.S.C.
App.), 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.
(b) 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.
(c) 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 (5 U.S.C. App.).
(d) 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. 419. Notwithstanding any other provision of law, on and after
the date of enactment of this Act (without regard to fiscal year)--
(1) subsections (c) and (d) of section 395.3 of title 49,
Code of Federal Regulations, as codified on the day before the
date of enactment of this Act, are null and void; and
(2) section 395.3(c) of title 49, Code of Federal
Regulations, as in effect on December 26, 2011, is hereby
restored to full force and effect.
Sec. 420. For an additional amount for the Emergency Relief
Program as authorized by section 125 of title 23, United States Code,
$528,000,000, to remain available until expended: Provided, 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.
Sec. 421. For an additional amount for ``Department of Housing and
Urban Development, Community Planning and Development, Community
Development Fund'', $400,000,000, to remain available until expended,
which amounts shall be allocated and used under the same authority and
conditions as--
(1) the additional appropriations for fiscal year 2016 in
section 145(a) of division C of Public Law 114-223 and for
fiscal year 2017 in section 192(a) of division C of Public Law
114-223 (as added by section 101(3) of division A of Public Law
114-254) (except for the last proviso under such section 145(a)
and the proviso under such section 192);
(2) the additional appropriation for fiscal year 2016 in
section 420 of title IV of division L of Public Law 114-113
(except for the last two provisos under such section); and
(3) in section 145(a) of division C of Public Law 114-223
(except for the last proviso under such section 145(a)), for
additional major disasters declared in calendar year 2017 or
later until such funds are fully allocated:
Provided, That amounts authorized for use under section 192(b) of
division C of Public Law 114-223 (as added by section 101(3) of
division A of Public Law 114-254) may be used for necessary costs,
including information technology costs, of administering and overseeing
the obligation and expenditure of amounts made available under this
section: Provided further, That amounts made available by this section
shall be 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.
Sec. 422. (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 current fiscal year, 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 current fiscal year, 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 October 1 of the
current fiscal year, and shall be applied to projects within the same
general geographic area within 100 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. 423. (a) Section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 is amended by adding at the end
the following:
``(89) United States Route 67 from Interstate 40 in North
Little Rock, Arkansas, to United States Route 412.
``(90) The Edward T. Breathitt Parkway from Interstate 24
to Interstate 69.''.
(b) Section 1105(e)(5)(A) of the Intermodal Surface Transportation
Efficiency Act of 1991 is amended in the first sentence by striking
``and subsection (c)(83)'' and inserting ``subsection (c)(83),
subsection (c)(89), and subsection (c)(90)''.
(c) Section 1105(e)(5)(C)(i) of the Intermodal Surface
Transportation Efficiency Act of 1991 is amended by adding at the end
the following: ``The route referred to in subsection (c)(89) is
designated as Interstate Route I-57. The route referred to in
subsection (c)(90) is designated as Interstate Route I-169.''.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2017''.
DIVISION L--MILITARY CONSTRUCTION AND VETERANS AFFAIRS--ADDITIONAL
APPROPRIATIONS ACT, 2017
TITLE I
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$39,500,000, to remain available until September 30, 2021: Provided,
That such funds may be obligated and expended to carry out planning and
design and military construction projects authorized by law: 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.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $66,708,000, to remain available until September 30,
2021: Provided, That such funds may be obligated and expended to carry
out planning and design and military construction projects authorized
by law: 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.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$105,300,000, to remain available until September 30, 2021: Provided,
That such funds may be obligated and expended to carry out planning and
design and military construction projects authorized by law: 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.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'', $12,000,000, to remain available until September 30, 2021:
Provided, That such funds may be obligated and expended to carry out
planning and design and military construction projects authorized by
law: 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.
Military Construction, Air National Guard
For an additional amount for ``Military Construction, Air National
Guard'', $13,000,000, to remain available until September 30, 2021:
Provided, That such funds may be obligated and expended to carry out
planning and design and military construction projects authorized by
law: 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.
Military Construction, Army Reserve
For an additional amount for ``Military Construction, Army
Reserve'', $10,000,000, to remain available until September 30, 2021:
Provided, That such funds may be obligated and expended to carry out
planning and design and military construction projects authorized by
law: 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.
Military Construction, Navy Reserve
For an additional amount for ``Military Construction, Navy
Reserve'', $4,525,000, to remain available until September 30, 2021:
Provided, That such funds may be obligated and expended to carry out
planning and design and military construction projects authorized by
law: 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.
Military Construction, Air Force Reserve
For an additional amount for ``Military Construction, Air Force
Reserve'', $9,000,000, to remain available until September 30, 2021:
Provided, That such funds may be obligated and expended to carry out
planning and design and military construction projects authorized by
law: 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.
Administrative Provision--This Title
(rescission of funds)
Sec. 101. Of the unobligated balances made available by division I
of Public Law 113-235 for ``European Reassurance Initiative Military
Construction'' for ``Military Construction, Air Force'', $12,300,000
are hereby rescinded: 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.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical services
For an additional amount for ``Medical Services'', $50,000,000, to
remain available until September 30, 2018: Provided, That such funds
shall be for opioid and substance abuse prevention and treatment, and
further implementation of the Jason Simcakoski Memorial and Promise Act
(Title IX of Public Law 114-198).
TITLE III
GENERAL PROVISION--THIS DIVISION
Sec. 301. Notwithstanding any other provision of law, funds made
available in this division are in addition to amounts appropriated or
otherwise made available for the Department of Defense and the
Department of Veterans Affairs for fiscal year 2017: Provided, That
such amounts shall be subject to the terms and conditions set forth in
division A of Public Law 114-223.
This division may be cited as ``Military Construction and Veterans
Affairs--Additional Appropriations Act, 2017''.
DIVISION M--OTHER MATTERS
TITLE I--HEALTH BENEFITS FOR MINERS ACT OF 2017
SEC. 101. SHORT TITLE.
This title may be cited as ``Health Benefits for Miners Act of
2017''.
SEC. 102. EXTENSION OF TANF PROGRAM AND DETERMINING WHAT WORKS TO MOVE
WELFARE RECIPIENTS INTO JOBS.
(a) In General.--Each of the following provisions of the Social
Security Act is amended by striking ``fiscal year 2012'' each place it
appears and inserting ``each of fiscal years 2017 and 2018'':
(1) Subparagraphs (A) and (C) of section 403(a)(1) (42
U.S.C. 603(a)(1)).
(2) Section 403(a)(2)(D) (42 U.S.C. 603(a)(2)(D)), except
that the 2nd sentence of such section is amended by striking
``fiscal year 2012'' and inserting ``fiscal year 2017 or
2018''.
(3) Paragraphs (1)(A) and (2)(A) of section 412(a) (42
U.S.C. 612(a)).
(4) Section 418(a)(3) (42 U.S.C. 618(a)(3)).
(5) Section 1108(b)(2) (42 U.S.C. 1308(b)(2)).
(b) Contingency Fund.--Section 403(b)(2) of such Act (42 U.S.C.
603(b)(2)) is amended to read as follows:
``(2) Deposits into fund.--Out of any money in the Treasury
of the United States not otherwise appropriated, there are
appropriated for fiscal year 2018 such sums as are necessary
for payment to the Fund in a total amount not to exceed
$608,000,000.''.
(c) Strengthening Welfare Research and Evaluation and Development
of a What Works Clearinghouse.--
(1) In general.--Section 413 of such Act (42 U.S.C. 613) is
amended to read as follows:
``SEC. 413. EVALUATION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES AND
RELATED PROGRAMS.
``(a) Evaluation of the Impacts of TANF.--The Secretary shall
conduct research on the effect of State programs funded under this part
and any other State program funded with qualified State expenditures
(as defined in section 409(a)(7)(B)(i)) on employment, self-
sufficiency, child well-being, unmarried births, marriage, poverty,
economic mobility, and other factors as determined by the Secretary.
``(b) Evaluation of Grants to Improve Child Well-Being by Promoting
Healthy Marriage and Responsible Fatherhood.--The Secretary shall
conduct research to determine the effects of the grants made under
section 403(a)(2) on child well-being, marriage, family stability,
economic mobility, poverty, and other factors as determined by the
Secretary.
``(c) Dissemination of Information.--The Secretary shall, in
consultation with States receiving funds provided under this part,
develop methods of disseminating information on any research,
evaluation, or study conducted under this section, including
facilitating the sharing of information and best practices among States
and localities.
``(d) State-Initiated Evaluations.--A State shall be eligible to
receive funding to evaluate the State program funded under this part or
any other State program funded with qualified State expenditures (as
defined in section 409(a)(7)(B)(i)) if--
``(1) the State submits to the Secretary a description of
the proposed evaluation;
``(2) the Secretary determines that the design and approach
of the proposed evaluation is rigorous and is likely to yield
information that is credible and will be useful to other
States; and
``(3) unless waived by the Secretary, the State contributes
to the cost of the evaluation, from non-Federal sources, an
amount equal to at least 25 percent of the cost of the proposed
evaluation.
``(e) Census Bureau Research.--
``(1) The Bureau of the Census shall implement or enhance
household surveys of program participation, in consultation
with the Secretary and the Bureau of Labor Statistics and made
available to interested parties, to allow for the assessment of
the outcomes of continued welfare reform on the economic and
child well-being of low-income families with children,
including those who received assistance or services from a
State program funded under this part or any other State program
funded with qualified State expenditures (as defined in section
409(a)(7)(B)(i)). The content of the surveys should include
such information as may be necessary to examine the issues of
unmarried childbearing, marriage, welfare dependency and
compliance with work requirements, the beginning and ending of
spells of assistance, work, earnings and employment stability,
and the well-being of children.
``(2) To carry out the activities specified in paragraph
(1), the Bureau of the Census, the Secretary, and the Bureau of
Labor Statistics shall consider ways to improve the surveys and
data derived from the surveys to--
``(A) address under reporting of the receipt of
means-tested benefits and tax benefits for low-income
individuals and families;
``(B) increase understanding of poverty spells and
long-term poverty, including by facilitating the
matching of information to better understand
intergenerational poverty;
``(C) generate a better geographical understanding
of poverty such as through State-based estimates and
measures of neighborhood poverty;
``(D) increase understanding of the effects of
means-tested benefits and tax benefits on the earnings
and incomes of low-income families; and
``(E) improve how poverty and economic well-being
are measured, including through the use of consumption
measures, material deprivation measures, social
exclusion measures, and economic and social mobility
measures.
``(f) Research and Evaluation Conducted Under This Section.--
Research and evaluation conducted under this section designed to
determine the effects of a program or policy (other than research
conducted under subsection (e)) shall use experimental designs using
random assignment or other reliable, evidence-based research
methodologies that allow for the strongest possible causal inferences
when random assignment is not feasible.
``(g) Development of What Works Clearinghouse of Proven and
Promising Approaches To Move Welfare Recipients Into Work.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Labor, shall develop a database (which shall be
referred to as the `What Works Clearinghouse of Proven and
Promising Projects to Move Welfare Recipients into Work') of
the projects that used a proven approach or a promising
approach in moving welfare recipients into work, based on
independent, rigorous evaluations of the projects. The database
shall include a separate listing of projects that used a
developmental approach in delivering services and a further
separate listing of the projects with no or negative effects.
The Secretary shall add to the What Works Clearinghouse of
Proven and Promising Projects to Move Welfare Recipients into
Work data about the projects that, based on an independent,
well-conducted experimental evaluation of a program or project,
using random assignment or other research methodologies that
allow for the strongest possible causal inferences, have shown
they are proven, promising, developmental, or ineffective
approaches.
``(2) Criteria for evidence of effectiveness of approach.--
The Secretary, in consultation with the Secretary of Labor and
organizations with experience in evaluating research on the
effectiveness of various approaches in delivering services to
move welfare recipients into work, shall--
``(A) establish criteria for evidence of
effectiveness; and
``(B) ensure that the process for establishing the
criteria--
``(i) is transparent;
``(ii) is consistent across agencies;
``(iii) provides opportunity for public
comment; and
``(iv) takes into account efforts of
Federal agencies to identify and publicize
effective interventions, including efforts at
the Department of Health and Human Services,
the Department of Education, and the Department
of Justice.
``(h) Appropriation.--
``(1) In general.--Of the amount appropriated by section
403(a)(1) for each fiscal year, 0.33 percent shall be available
for research, technical assistance, and evaluation under this
section.
``(2) Allocation.--Of the amount made available under
paragraph (1) for each fiscal year, the Secretary shall make
available $10,000,000 plus such additional amount as the
Secretary deems necessary and appropriate, to carry out
subsection (e).
``(3) Baseline.--The baseline established pursuant to
section 257 of the Balanced Budget and Deficit Control Act of
1985 (2 U.S.C. 907(b)(2)) for the Temporary Assistance for
Needy Families Program shall be recorded by the Office of
Management and Budget and the Congressional Budget Office at
the level prior to any transfers recorded pursuant to section
413(h) of this Act.''.
(2) Conforming amendment.--Section 403(a)(1)(B) of such Act
(42 U.S.C. 603(a)(1)(B)) is amended by inserting ``, reduced by
the percentage specified in section 413(h)(1) with respect to
the fiscal year,'' before ``as the amount''.
SEC. 103. FULL FUNDING FOR STATE COURTS TO IMPROVE THE HANDLING OF
CHILD WELFARE CASES.
Out of any money in the Treasury of the United States not otherwise
appropriated, there are hereby appropriated for fiscal year 2017
$20,000,000 for grants under section 438 of the Social Security Act, in
addition to any other amounts appropriated for such purpose. The
amounts appropriated by the preceding sentence shall be considered to
be amounts reserved under section 436(b)(2) of such Act for fiscal year
2017, for purposes of clauses (ii) and (iii) of section 438(c)(3)(A) of
such Act.
SEC. 104. INCLUSION OF CERTAIN RETIREES IN THE MULTIEMPLOYER HEALTH
BENEFIT PLAN.
(a) In General.--Section 402(h)(2)(C) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)) is amended--
(1) by striking clauses (ii), (iii), and (iv); and
(2) by inserting after clause (i) the following:
``(ii) Calculation of excess.--The excess
determined under clause (i) shall be calculated
by taking into account only--
``(I) those beneficiaries actually
enrolled in the Plan as of the date of
the enactment of the Health Benefits
for Miners Act of 2017 who are eligible
to receive health benefits under the
Plan on the first day of the calendar
year for which the transfer is made,
other than those beneficiaries enrolled
in the Plan under the terms of a
participation agreement with the
current or former employer of such
beneficiaries; and
``(II) those beneficiaries whose
health benefits, defined as those
benefits payable, following death or
retirement or upon a finding of
disability, directly by an employer in
the bituminous coal industry under a
coal wage agreement (as defined in
section 9701(b)(1) of the Internal
Revenue Code of 1986), would be denied
or reduced as a result of a bankruptcy
proceeding commenced in 2012 or 2015.
For purposes of subclause (I), a beneficiary
enrolled in the Plan as of the date of the
enactment of the Health Benefits for Miners Act
of 2017 shall be deemed to have been eligible
to receive health benefits under the Plan on
January 1, 2017.
``(iii) Eligibility of certain retirees.--
Individuals referred to in clause (ii)(II)
shall be treated as eligible to receive health
benefits under the Plan.
``(iv) Requirements for transfer.--The
amount of the transfer otherwise determined
under this subparagraph for a fiscal year shall
be reduced by any amount transferred for the
fiscal year to the Plan, to pay benefits
required under the Plan, from a voluntary
employees' beneficiary association established
as a result of a bankruptcy proceeding
described in clause (ii).''.
(b) Effective Date.--The amendments made by this section shall
apply to fiscal years beginning after September 30, 2016.
SEC. 105. CUSTOMS USER FEES.
(a) In General.--Section 13031(j)(3)(A) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) is amended
by striking ``September 30, 2025'' and inserting ``January 14, 2026''.
(b) Rate for Merchandise Processing Fees.--Section 503 of the
United States-Korea Free Trade Agreement Implementation Act (Public Law
112-41; 19 U.S.C. 3805 note) is amended by striking ``September 30,
2025'' and inserting ``January 14, 2026''.
TITLE II--PUERTO RICO SECTION 1108(g) AMENDMENT OF 2017
SEC. 201. SHORT TITLE.
This title may be cited as ``Puerto Rico Section 1108(g) Amendment
of 2017''.
SEC. 202. PUERTO RICO SECTION 1108(G) AMENDMENT OF 2017.
(a) Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g))
is amended--
(1) in paragraph (4), by inserting ``and with respect to
fiscal years beginning with fiscal year 2017, if Puerto Rico
qualifies for a payment under section 1903(a)(6) for a calendar
quarter (beginning on or after July 1, 2017) of such fiscal
year'' after ``1903(a)(3)''; and
(2) in paragraph (5)--
(A) in the first sentence, by striking ``The
Secretary'' and inserting ``(A) Subject to subparagraph
(B), the Secretary''; and
(B) by adding at the end the following new
subparagraph:
``(B) The amount of the increase otherwise provided under
subparagraph (A) for Puerto Rico shall be further increased by
$295,900,000.''.
(b) All the unobligated amounts available under section 1323(c)(1)
of the Patient Protection and Affordable Care Act (42 U.S.C.
18043(c)(1)) are rescinded immediately upon the date of the enactment
of this section.
TITLE III--GENERAL PROVISION
SEC. 301. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
division 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 this
division 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 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 this division and
each succeeding division shall not be estimated--
(1) for purposes of section 251 of 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.
DIVISION N--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2017''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Explanatory statement.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Support to nonprofit organizations assisting intelligence
community employees.
Sec. 304. Promotion of science, technology, engineering, and
mathematics education in the intelligence
community.
Sec. 305. Retention of employees of the intelligence community who have
science, technology, engineering, or
mathematics expertise.
Sec. 306. Management of intelligence community personnel.
Sec. 307. Notification of repair or modification of facilities to be
used primarily by the intelligence
community.
Sec. 308. Guidance and reporting requirement regarding the interactions
between the intelligence community and
entertainment industry.
Sec. 309. Protections for independent inspectors general of certain
elements of the intelligence community.
Sec. 310. Congressional oversight of policy directives and guidance.
Sec. 311. Notification of memoranda of understanding.
Sec. 312. Technical correction to Executive Schedule.
Sec. 313. Maximum amount charged for declassification reviews.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Designation of the Director of the National
Counterintelligence and Security Center.
Sec. 402. Analyses and impact statements by Director of National
Intelligence regarding investment into the
United States.
Sec. 403. Assistance for governmental entities and private entities in
recognizing online violent extremist
content.
Subtitle B--Central Intelligence Agency
Sec. 411. Enhanced death benefits for personnel of the Central
Intelligence Agency.
Sec. 412. Pay and retirement authorities of the Inspector General of
the Central Intelligence Agency.
Subtitle C--Other Elements
Sec. 421. Enhancing the technical workforce for the Federal Bureau of
Investigation.
Sec. 422. Plan on assumption of certain weather missions by the
National Reconnaissance Office.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
Sec. 501. Committee to counter active measures by the Russian
Federation to exert covert influence over
peoples and governments.
Sec. 502. Strict enforcement of travel protocols and procedures of
accredited diplomatic and consular
personnel of the Russian Federation in the
United States.
Sec. 503. Study and report on enhanced intelligence and information
sharing with Open Skies Treaty member
states.
TITLE VI--REPORTS AND OTHER MATTERS
Sec. 601. Declassification review with respect to detainees transferred
from United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 602. Cyber Center for Education and Innovation-Home of the
National Cryptologic Museum.
Sec. 603. Report on national security systems.
Sec. 604. Joint facilities certification.
Sec. 605. Leadership and management of space activities.
Sec. 606. Advances in life sciences and biotechnology.
Sec. 607. Reports on declassification proposals.
Sec. 608. Improvement in Government classification and
declassification.
Sec. 609. Report on implementation of research and development
recommendations.
Sec. 610. Report on Intelligence Community Research and Development
Corps.
Sec. 611. Report on information relating to academic programs,
scholarships, fellowships, and internships
sponsored, administered, or used by the
intelligence community.
Sec. 612. Report on intelligence community employees detailed to
National Security Council.
Sec. 613. Intelligence community reporting to Congress on foreign
fighter flows.
Sec. 614. Report on cybersecurity threats to seaports of the United
States and maritime shipping.
Sec. 615. Report on reprisals against contractors of the intelligence
community.
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 May 3, 2017, 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 2017
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.--The amounts authorized to be
appropriated under section 101 and, subject to section 103, the
authorized personnel ceilings as of September 30, 2017, 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 referred to in
subsection (a), or of appropriate portions of such 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 2017 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--
(1) 3 percent of the number of civilian personnel
authorized under such schedule for such element; or
(2) 10 percent of the number of civilian personnel
authorized under such schedule for such element for the
purposes of converting the performance of any function by
contractors to performance by civilian personnel.
(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.--Not later
than 15 days prior to the exercise of an authority described in
subsection (a), the Director of National Intelligence shall submit to
the congressional intelligence committees--
(1) a written notice of the exercise of such authority; and
(2) in the case of an exercise of such authority subject to
the limitation in subsection (a)(2), a written justification
for the contractor conversion that includes a comparison of
whole of government costs.
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 2017 the sum of
$563,588,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2018.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 787 positions as of September 30, 2017.
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 Intelligence Community
Management Account for fiscal year 2017 such additional amounts
as are specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts made
available for advanced research and development shall remain
available until September 30, 2018.
(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,
2017, 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).
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 2017 the sum of
$514,000,000.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. 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. 302. 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. 303. SUPPORT TO NONPROFIT ORGANIZATIONS ASSISTING INTELLIGENCE
COMMUNITY EMPLOYEES.
(a) Director of National Intelligence.--Section 102A of the
National Security Act of 1947 (50 U.S.C. 3024) is amended by adding at
the end the following:
``(y) Fundraising.--(1) The Director of National Intelligence may
engage in fundraising in an official capacity for the benefit of
nonprofit organizations that--
``(A) provide support to surviving family members of a
deceased employee of an element of the intelligence community;
or
``(B) otherwise provide support for the welfare, education,
or recreation of employees of an element of the intelligence
community, former employees of an element of the intelligence
community, or family members of such employees.
``(2) In this subsection, the term `fundraising' means the raising
of funds through the active participation in the promotion, production,
or presentation of an event designed to raise funds and does not
include the direct solicitation of money by any other means.
``(3) Not later than 7 days after the date the Director engages in
fundraising authorized by this subsection or at the time the decision
is made to participate in such fundraising, the Director shall notify
the congressional intelligence committees of such fundraising.
``(4) The Director, in consultation with the Director of the Office
of Government Ethics, shall issue regulations to carry out the
authority provided in this subsection. Such regulations shall ensure
that such authority is exercised in a manner that is consistent with
all relevant ethical constraints and principles, including the
avoidance of any prohibited conflict of interest or appearance of
impropriety.''.
(b) Director of the Central Intelligence Agency.--Section 12(f) of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3512(f)) is
amended by adding at the end the following:
``(3) Not later than the date that is 7 days after the date the
Director engages in fundraising authorized by this subsection or at the
time the decision is made to participate in such fundraising, the
Director shall notify the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of the House
of Representatives of the fundraising.''.
SEC. 304. PROMOTION OF SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS EDUCATION IN THE INTELLIGENCE COMMUNITY.
(a) Requirement for Investment Strategy for STEM Recruiting and
Outreach Activities.--Along with the budget for fiscal year 2018
submitted by the President pursuant to section 1105(a) of title 31,
United States Code, the Director of National Intelligence shall submit
a five-year investment strategy for outreach and recruiting efforts in
the fields of science, technology, engineering, and mathematics (STEM),
to include cybersecurity and computer literacy.
(b) Requirement for Intelligence Community Plans for STEM
Recruiting and Outreach Activities.--For each of the fiscal years 2018
through 2022, the head of each element of the intelligence community
shall submit an investment plan along with the materials submitted as
justification of the budget request of such element that supports the
strategy required by subsection (a).
SEC. 305. RETENTION OF EMPLOYEES OF THE INTELLIGENCE COMMUNITY WHO HAVE
SCIENCE, TECHNOLOGY, ENGINEERING, OR MATHEMATICS
EXPERTISE.
(a) Special Rates of Pay for Certain Occupations in the
Intelligence Community.--The National Security Act of 1947 (50 U.S.C.
3001 et seq.) is amended by inserting after section 113A the following:
``SEC. 113B. SPECIAL PAY AUTHORITY FOR SCIENCE, TECHNOLOGY,
ENGINEERING, OR MATHEMATICS POSITIONS.
``(a) Authority To Set Special Rates of Pay.--Notwithstanding part
III of title 5, United States Code, the head of each element of the
intelligence community may establish higher minimum rates of pay for 1
or more categories of positions in such element that require expertise
in science, technology, engineering, or mathematics (STEM).
``(b) Maximum Special Rate of Pay.--A minimum rate of pay
established for a category of positions under subsection (a) may not
exceed the maximum rate of basic pay (excluding any locality-based
comparability payment under section 5304 of title 5, United States
Code, or similar provision of law) for the position in that category of
positions without the authority of subsection (a) by more than 30
percent, and no rate may be established under this section in excess of
the rate of basic pay payable for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
``(c) Notification of Removal From Special Rate of Pay.--If the
head of an element of the intelligence community removes a category of
positions from coverage under a rate of pay authorized by subsection
(a) after that rate of pay takes effect--
``(1) the head of such element shall provide notice of the
loss of coverage of the special rate of pay to each individual
in such category; and
``(2) the loss of coverage will take effect on the first
day of the first pay period after the date of the notice.
``(d) Revision of Special Rates of Pay.--Subject to the limitations
in this section, rates of pay established under this section by the
head of the element of the intelligence community may be revised from
time to time by the head of such element and the revisions have the
force and effect of statute.
``(e) Regulations.--The head of each element of the intelligence
community shall promulgate regulations to carry out this section with
respect to such element, which shall, to the extent practicable, be
comparable to the regulations promulgated to carry out section 5305 of
title 5, United States Code.
``(f) Reports.--
``(1) Requirement for reports.--Not later than 90 days
after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2017, the head of each
element of the intelligence community shall submit to the
congressional intelligence committees a report on any rates of
pay established for such element under this section.
``(2) Contents.--Each report required by paragraph (1)
shall contain for each element of the intelligence community--
``(A) a description of any rates of pay established
under subsection (a); and
``(B) the number of positions in such element that
will be subject to such rates of pay.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of the National Security Act of 1947 is amended by
inserting after the item relating to section 113A the following:
``Sec. 113B. Special pay authority for science, technology,
engineering, or math positions.''.
SEC. 306. MANAGEMENT OF INTELLIGENCE COMMUNITY PERSONNEL.
(a) Multi-sector Workforce Initiative.--
(1) Requirement.--Beginning on October 1, 2018, the
Director of National Intelligence shall improve management of
the workforce of the intelligence community by enabling
elements of the intelligence community to build and maintain an
appropriate mix between employees of the United States
Government and core contractors.
(2) Briefing to congress.--Not later than July 1, 2017, and
each 120 days thereafter until July 1, 2018, the Director of
National Intelligence shall brief the congressional
intelligence committees on the initiative required by paragraph
(1).
(b) Management Based on Workload Requirements and Authorized
Funding.--
(1) In general.--Beginning on October 1, 2018, the
personnel levels of the intelligence community shall be managed
each fiscal year on the basis of--
(A) the workload required to carry out the
functions and activities of the intelligence community;
and
(B) the funds made available to the intelligence
community in accordance with section 504 of the
National Security Act of 1947 (50 U.S.C. 3094).
(2) Prohibition on constraints or limitations.--Beginning
on October 1, 2018, the management of such personnel in the
intelligence community in any fiscal year shall not be subject
to an externally imposed constraint or limitation expressed in
terms of man years, end strength, full-time equivalent
positions, or maximum number of employees.
(c) Briefing and Report to Congress.--Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence shall issue a written report and provide a briefing to the
congressional intelligence committees on--
(1) the methodology used to calculate the number of
civilian and contractor full-time equivalent positions in the
intelligence community;
(2) the cost analysis tool used to calculate personnel
costs in the intelligence community; and
(3) the plans of the Director of National Intelligence and
the head of each element of the intelligence community to
implement a multi-sector workforce as required by subsections
(a) and (b).
(d) Report.--Not later than 240 days after date of the enactment of
this Act, the Inspector General of the Intelligence Community shall
submit to the congressional intelligence committees a written report on
the accuracy of intelligence community data for the numbers and costs
associated with the civilian and contractor workforce in each element
of the intelligence community.
SEC. 307. NOTIFICATION OF REPAIR OR MODIFICATION OF FACILITIES TO BE
USED PRIMARILY BY THE INTELLIGENCE COMMUNITY.
Section 602(a)(2) of the Intelligence Authorization Act for Fiscal
Year 1995 (50 U.S.C. 3304(a)(2)) is amended by striking ``improvement
project to'' and inserting ``project for the improvement, repair, or
modification of''.
SEC. 308. GUIDANCE AND REPORTING REQUIREMENT REGARDING THE INTERACTIONS
BETWEEN THE INTELLIGENCE COMMUNITY AND ENTERTAINMENT
INDUSTRY.
(a) Definitions.--In this section:
(1) Engagement.--The term ``engagement''--
(A) means any significant interaction between an
element of the intelligence community and an
entertainment industry entity for the purposes of
contributing to an entertainment product intended to be
heard, read, viewed, or otherwise experienced by the
public; and
(B) does not include routine inquiries made by the
press or news media to the public affairs office of an
intelligence community.
(2) Entertainment industry entity.--The term
``entertainment industry entity'' means an entity that creates,
produces, promotes, or distributes a work of entertainment
intended to be heard, read, viewed, or otherwise experienced by
an audience, including--
(A) theater productions, motion pictures, radio
broadcasts, television broadcasts, podcasts, webcasts,
other sound or visual recording, music, or dance;
(B) books and other published material; and
(C) such other entertainment activity, as
determined by the Director of National Intelligence.
(b) Director of National Intelligence Guidance.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall issue, and release to the public, guidance
regarding engagements by elements of the intelligence community
with entertainment industry entities.
(2) Criteria.--The guidance required by paragraph (1)
shall--
(A) permit an element of the intelligence community
to conduct engagements, if the head of the element, or
a designee of such head, provides prior approval; and
(B) require an unclassified annual report to the
congressional intelligence committees regarding
engagements.
(c) Annual Report.--Each report required by subsection (b)(2)(B)
shall include the following:
(1) A description of the nature and duration of each
engagement included in the review.
(2) The cost incurred by the United States Government for
each such engagement.
(3) A description of the benefits to the United States
Government for each such engagement.
(4) A determination of whether any information was
declassified, and whether any classified information was
improperly disclosed, or each such engagement.
(5) A description of the work produced through each such
engagement.
SEC. 309. PROTECTIONS FOR INDEPENDENT INSPECTORS GENERAL OF CERTAIN
ELEMENTS OF THE INTELLIGENCE COMMUNITY.
(a) Limitation on Activities of Employees of an Office of Inspector
General.--
(1) Limitations.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall develop and implement a uniform policy for
each covered office of an inspector general to better ensure
the independence of each such office. Such policy shall
include--
(A) provisions to prevent any conflict of interest
related to a matter any employee of a covered office of
an inspector general personally and substantially
participated in during previous employment;
(B) standards to ensure personnel of a covered
office of an inspector general are free both in fact
and in appearance from personal, external, and
organizational impairments to independence;
(C) provisions to permit the head of each covered
office of an inspector general to waive the application
of the policy with respect to an individual if such
head--
(i) prepares a written and signed
justification for such waiver that sets out, in
detail, the need for such waiver, provided that
waivers shall not be issued for in fact
impairments to independence; and
(ii) submits to the congressional
intelligence committees each such
justification; and
(D) any other protections the Director determines
appropriate.
(2) Covered office of an inspector general defined.--The
term ``covered office of an inspector general'' means--
(A) the Office of the Inspector General of the
Intelligence Community; and
(B) the office of an inspector general for--
(i) the Office of the Director of National
Intelligence;
(ii) the Central Intelligence Agency;
(iii) the National Security Agency;
(iv) the Defense Intelligence Agency;
(v) the National Geospatial-Intelligence
Agency; and
(vi) the National Reconnaissance Office.
(3) Briefing to the congressional intelligence
committees.--Prior to the date that the policy required by
paragraph (1) takes effect, the Director of National
Intelligence shall provide the congressional intelligence
committees a briefing on such policy.
(b) Limitation on Rotation of Employees of an Office of Inspector
General.--Section 102A(l)(3) of the National Security Act of 1947 (50
U.S.C. 3024(l)(3)) is amended by adding at the end the following:
``(D) The mechanisms prescribed under subparagraph (A) and any
other policies of the Director--
``(i) may not require an employee of an office of inspector
general for an element of the intelligence community, including
the Office of the Inspector General of the Intelligence
Community, to rotate to a position in an office or organization
of such an element over which such office of inspector general
exercises jurisdiction; and
``(ii) shall be implemented in a manner that exempts
employees of an office of inspector general from a rotation
that may impact the independence of such office.''.
SEC. 310. CONGRESSIONAL OVERSIGHT OF POLICY DIRECTIVES AND GUIDANCE.
(a) Covered Policy Document Defined.--In this section, the term
``covered policy document'' means any classified or unclassified
Presidential Policy Directive, Presidential Policy Guidance, or other
similar policy document issued by the President, including any
classified or unclassified annex to such a Directive, Guidance, or
other document, that assigns tasks, roles, or responsibilities to the
intelligence community or an element of the intelligence community.
(b) Submissions to Congress.--The Director of National Intelligence
shall submit to the congressional intelligence committees the
following:
(1) Not later than 15 days after the date that a covered
policy document is issued, a written notice of the issuance and
a summary of the subject matter addressed by such covered
policy document.
(2) Not later than 15 days after the date that the Director
issues any guidance or direction on implementation of a covered
policy document or implements a covered policy document, a copy
of such guidance or direction or a description of such
implementation.
(3) Not later than 15 days after the date of the enactment
of this Act, for any covered policy document issued prior to
such date that is being implemented by any element of the
intelligence community or that is in effect on such date--
(A) a written notice that includes the date such
covered policy document was issued and a summary of the
subject matter addressed by such covered policy
document; and
(B) if the Director has issued any guidance or
direction on implementation of such covered policy
document or is implementing such covered policy
document, a copy of the guidance or direction or a
written description of such implementation.
SEC. 311. NOTIFICATION OF MEMORANDA OF UNDERSTANDING.
(a) In General.--The head of each element of the intelligence
community shall submit to the congressional intelligence committees a
copy of each memorandum of understanding or other agreement regarding
significant operational activities or policy between or among such
element and any other entity or entities of the United States
Government--
(1) for such a memorandum or agreement that is in effect on
the date of the enactment of this Act, not later than 60 days
after such date; and
(2) for such a memorandum or agreement entered into after
such date, in a timely manner and not more than 60 days after
the date such memorandum or other agreement is entered into.
(b) Administrative Memorandum or Agreement.--Nothing in this
section may be construed to require an element of the intelligence
community to submit to the congressional intelligence committees any
memorandum or agreement that is solely administrative in nature,
including a memorandum or agreement regarding joint duty or other
routine personnel assignments.
SEC. 312. TECHNICAL CORRECTION TO EXECUTIVE SCHEDULE.
Section 5313 of title 5, United States Code, is amended by striking
the item relating to ``Director of the National Counter Proliferation
Center.''.
SEC. 313. MAXIMUM AMOUNT CHARGED FOR DECLASSIFICATION REVIEWS.
In reviewing and processing a request by a person for the mandatory
declassification of information pursuant to Executive Order No. 13526,
a successor executive order, or any provision of law, the head of an
element of the intelligence community--
(1) may not charge the person reproduction fees in excess
of the amount of fees that the head would charge the person for
reproduction required in the course of processing a request for
information under section 552 of title 5, United States Code
(commonly referred to as the ``Freedom of Information Act'');
and
(2) may waive or reduce any processing fees in the same
manner as the head waives or reduces fees under such section
552.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. DESIGNATION OF THE DIRECTOR OF THE NATIONAL
COUNTERINTELLIGENCE AND SECURITY CENTER.
(a) In General.--
(1) In general.--Section 902 of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3382) is amended to read as
follows:
``SEC. 902. DIRECTOR OF THE NATIONAL COUNTERINTELLIGENCE AND SECURITY
CENTER.
``(a) Establishment.--There shall be a Director of the National
Counterintelligence and Security Center (referred to in this section as
the `Director'), who shall be appointed by the President, by and with
the advice and consent of the Senate.
``(b) Mission.--The mission of the Director shall be to serve as
the head of national counterintelligence for the United States
Government.
``(c) Duties.--Subject to the direction and control of the Director
of National Intelligence, the duties of the Director are as follows:
``(1) To carry out the mission referred to in subsection
(b).
``(2) To act as chairperson of the National
Counterintelligence Policy Board established under section 811
of the Counterintelligence and Security Enhancements Act of
1994 (50 U.S.C. 3381).
``(3) To act as head of the National Counterintelligence
and Security Center established under section 904.
``(4) To participate as an observer on such boards,
committees, and entities of the executive branch as the
Director of National Intelligence considers appropriate for the
discharge of the mission and functions of the Director and the
National Counterintelligence and Security Center under section
904.''.
(2) Table of contents amendment.--The table of contents in
section 1(b) of the Intelligence Authorization Act for Fiscal
Year 2003 (Public Law 107-306; 116 Stat. 2383) is amended by
striking the item relating to section 902 and inserting the
following:
``Sec. 902. Director of the National Counterintelligence and Security
Center.''.
(3) Technical effective date.--The amendment made by
subsection (a) of section 401 of the Intelligence Authorization
Act for Fiscal Year 2016 (division M of Public Law 114-113)
shall not take effect, or, if the date of the enactment of this
Act is on or after the effective date specified in subsection
(b) of such section, such amendment shall be deemed to not have
taken effect.
(b) National Counterintelligence and Security Center.--
(1) In general.--Section 904 of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3383) is amended--
(A) by striking the section heading and inserting
``national counterintelligence and security center.'';
and
(B) by striking subsections (a), (b), and (c) and
inserting the following:
``(a) Establishment.--There shall be a National Counterintelligence
and Security Center.
``(b) Head of Center.--The Director of the National
Counterintelligence and Security Center shall be the head of the
National Counterintelligence and Security Center.
``(c) Location of Center.--The National Counterintelligence and
Security Center shall be located in the Office of the Director of
National Intelligence.''.
(2) Functions.--Section 904(d) of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3383(d)) is amended--
(A) in the matter preceding paragraph (1), by
striking ``National Counterintelligence Executive, the
functions of the Office of the National
Counterintelligence Executive'' and inserting
``Director of the National Counterintelligence and
Security Center, the functions of the National
Counterintelligence and Security Center'';
(B) in paragraph (5), in the matter preceding
subparagraph (A), by striking ``In consultation with''
and inserting ``At the direction of''; and
(C) in paragraph (6), in the matter preceding
subparagraph (A), by striking ``Office'' and inserting
``National Counterintelligence and Security Center''.
(3) Personnel.--Section 904(f) of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3383(f)) is amended--
(A) in paragraph (1), by striking ``Office of the
National Counterintelligence Executive may consist of
personnel employed by the Office'' and inserting
``National Counterintelligence and Security Center may
consist of personnel employed by the Center''; and
(B) in paragraph (2), by striking ``National
Counterintelligence Executive'' and inserting
``Director of the National Counterintelligence and
Security Center''.
(4) Treatment of activities under certain administrative
laws.--Section 904(g) of the Counterintelligence Enhancement
Act of 2002 (50 U.S.C. 3383(g)) is amended by striking ``Office
shall be treated as operational files of the Central
Intelligence Agency for purposes of section 701 of the National
Security Act of 1947 (50 U.S.C. 431)'' and inserting ``National
Counterintelligence and Security Center shall be treated as
operational files of the Central Intelligence Agency for
purposes of section 701 of the National Security Act of 1947
(50 U.S.C. 3141)''.
(5) Oversight by congress.--Section 904(h) of the
Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383(h))
is amended--
(A) in the matter preceding paragraph (1), by
striking ``Office of the National Counterintelligence
Executive'' and inserting ``National
Counterintelligence and Security Center''; and
(B) in paragraphs (1) and (2), by striking
``Office'' and inserting ``Center'' both places that
term appears.
(6) Table of contents amendment.--The table of contents in
section 1(b) of the Intelligence Authorization Act for Fiscal
Year 2003 (Public Law 107-306; 116 Stat. 2383), as amended by
subsection (a)(2), is further amended by striking the item
relating to section 904 and inserting the following:
``Sec. 904. National Counterintelligence and Security Center.''.
(c) Oversight of National Intelligence Centers.--Section 102A(f)(2)
of the National Security Act of 1947 (50 U.S.C. 3024(f)(2)) is amended
by inserting ``, the National Counterproliferation Center, and the
National Counterintelligence and Security Center'' after ``National
Counterterrorism Center''.
(d) Director of the National Counterintelligence and Security
Center Within the Office of the Director of National Intelligence.--
Paragraph (8) of section 103(c) of the National Security Act of 1947
(50 U.S.C. 3025(c)) is amended to read as follows:
``(8) The Director of the National Counterintelligence and
Security Center.''.
(e) Duties of the Director of the National Counterintelligence and
Security Center.--
(1) In general.--Section 103F of the National Security Act
of 1947 (50 U.S.C. 3031) is amended--
(A) by striking the section heading and inserting
``director of the national counterintelligence and
security center'';
(B) in subsection (a)--
(i) by striking the subsection heading and
inserting ``Director of the National
Counterintelligence and Security Center.--'';
and
(ii) by striking ``National
Counterintelligence Executive under section 902
of the Counterintelligence Enhancement Act of
2002 (title IX of Public Law 107-306; 50 U.S.C.
402b et seq.)'' and inserting ``Director of the
National Counterintelligence and Security
Center appointed under section 902 of the
Counterintelligence Enhancement Act of 2002 (50
U.S.C. 3382)''; and
(C) in subsection (b), by striking ``National
Counterintelligence Executive'' and inserting
``Director of the National Counterintelligence and
Security Center''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by striking the item relating to section 103F and
inserting the following:
``Sec. 103F. Director of the National Counterintelligence and Security
Center.''.
(f) Coordination of Counterintelligence Activities.--Section 811 of
the Counterintelligence and Security Enhancements Act of 1994 (50
U.S.C. 3381) is amended--
(1) in subsection (b), by striking ``National
Counterintelligence Executive under section 902 of the
Counterintelligence Enhancement Act of 2002'' and inserting
``Director of the National Counterintelligence and Security
Center appointed under section 902 of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3382)'';
(2) in subsection (c)(1), by striking ``National
Counterintelligence Executive.'' and inserting ``Director of
the National Counterintelligence and Security Center.''; and
(3) in subsection (d)(1)(B)(ii)--
(A) by striking ``National Counterintelligence
Executive'' and inserting ``Director of the National
Counterintelligence and Security Center''; and
(B) by striking ``by the Office of the National
Counterintelligence Executive under section 904(e)(2)
of that Act'' and inserting ``pursuant to section
904(d)(2) of that Act (50 U.S.C. 3383(d)(2))''.
(g) Intelligence and National Security Aspects of Espionage
Prosecutions.--Section 341(b) of the Intelligence Authorization Act for
Fiscal Year 2004 (Public Law 108-177; 28 U.S.C. 519 note) is amended by
striking ``Office of the National Counterintelligence Executive,'' and
inserting ``National Counterintelligence and Security Center,''.
SEC. 402. ANALYSES AND IMPACT STATEMENTS BY DIRECTOR OF NATIONAL
INTELLIGENCE REGARDING INVESTMENT INTO THE UNITED STATES.
Section 102A of the National Security Act of 1947 (50 U.S.C. 3024),
as amended by section 303, is further amended by adding at the end the
following new subsection:
``(z) Analyses and Impact Statements Regarding Proposed Investment
Into the United States.--(1) Not later than 20 days after the
completion of a review or an investigation of any proposed investment
into the United States for which the Director has prepared analytic
materials, the Director shall submit to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representative copies of such analytic
materials, including any supplements or amendments to such analysis
made by the Director.
``(2) Not later than 60 days after the completion of consideration
by the United States Government of any investment described in
paragraph (1), the Director shall determine whether such investment
will have an operational impact on the intelligence community, and, if
so, shall submit a report on such impact to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives. Each such report shall--
``(A) describe the operational impact of the investment on
the intelligence community; and
``(B) describe any actions that have been or will be taken
to mitigate such impact.''.
SEC. 403. ASSISTANCE FOR GOVERNMENTAL ENTITIES AND PRIVATE ENTITIES IN
RECOGNIZING ONLINE VIOLENT EXTREMIST CONTENT.
(a) Assistance To Recognize Online Violent Extremist Content.--Not
later than 180 days after the date of the enactment of this Act, and
consistent with the protection of intelligence sources and methods, the
Director of National Intelligence shall publish on a publicly available
Internet website a list of all logos, symbols, insignia, and other
markings commonly associated with, or adopted by, an 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)).
(b) Updates.--The Director shall update the list published under
subsection (a) every 180 days or more frequently as needed.
Subtitle B--Central Intelligence Agency
SEC. 411. ENHANCED DEATH BENEFITS FOR PERSONNEL OF THE CENTRAL
INTELLIGENCE AGENCY.
Section 11 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3511) is amended to read as follows:
``benefits available in event of the death of personnel
``Sec. 11. (a) Authority.--The Director may pay death benefits
substantially similar to those authorized for members of the Foreign
Service pursuant to the Foreign Service Act of 1980 (22 U.S.C. 3901 et
seq.) or any other provision of law. The Director may adjust the
eligibility for death benefits as necessary to meet the unique
requirements of the mission of the Agency.
``(b) Regulations.--Regulations issued pursuant to this section
shall be submitted to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of the House
of Representatives before such regulations take effect.''.
SEC. 412. PAY AND RETIREMENT AUTHORITIES OF THE INSPECTOR GENERAL OF
THE CENTRAL INTELLIGENCE AGENCY.
(a) In General.--Section 17(e)(7) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3517(e)(7)) is amended by adding at the
end the following new subparagraph:
``(C)(i) The Inspector General may designate an officer or employee
appointed in accordance with subparagraph (A) as a law enforcement
officer solely for purposes of subchapter III of chapter 83 or chapter
84 of title 5, United States Code, if such officer or employee is
appointed to a position with responsibility for investigating suspected
offenses against the criminal laws of the United States.
``(ii) In carrying out clause (i), the Inspector General shall
ensure that any authority under such clause is exercised in a manner
consistent with section 3307 of title 5, United States Code, as it
relates to law enforcement officers.
``(iii) For purposes of applying sections 3307(d), 8335(b), and
8425(b) of title 5, United States Code, the Inspector General may
exercise the functions, powers, and duties of an agency head or
appointing authority with respect to the Office.''.
(b) Rule of Construction.--Subparagraph (C) of section 17(e)(7) of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(e)(7)), as
added by subsection (a), may not be construed to confer on the
Inspector General of the Central Intelligence Agency, or any other
officer or employee of the Agency, any police or law enforcement or
internal security functions or authorities.
Subtitle C--Other Elements
SEC. 421. ENHANCING THE TECHNICAL WORKFORCE FOR THE FEDERAL BUREAU OF
INVESTIGATION.
(a) Report Required.--Building on the basic cyber human capital
strategic plan provided to the congressional intelligence committees in
2015, not later than 180 days after the date of the enactment of this
Act and updated two years thereafter, the Director of the Federal
Bureau of Investigation shall submit to the congressional intelligence
committees, the Committee on the Judiciary of the Senate, and the
Committee on the Judiciary of the House of Representatives a
comprehensive strategic workforce report regarding initiatives to
effectively integrate information technology expertise in the
investigative process.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment, including measurable benchmarks, of
progress on initiatives to recruit, train, and retain personnel
with the necessary skills and experiences in vital areas,
including encryption, cryptography, and big data analytics.
(2) An assessment of whether officers of the Federal Bureau
of Investigation who possess such skills are fully integrated
into the Bureau's work, including Agent-led investigations.
(3) A description of the quality and quantity of the
collaborations between the Bureau and private sector entities
on cyber issues, including the status of efforts to benefit
from employees with experience transitioning between the public
and private sectors.
(4) An assessment of the utility of reinstituting, if
applicable, and leveraging the Director's Advisory Board, which
was originally constituted in 2005, to provide outside advice
on how to better integrate technical expertise with the
investigative process and on emerging concerns in cyber-related
issues.
SEC. 422. PLAN ON ASSUMPTION OF CERTAIN WEATHER MISSIONS BY THE
NATIONAL RECONNAISSANCE OFFICE.
(a) Plan.--
(1) In general.--Except as provided in subsection (c), the
Director of the National Reconnaissance Office shall develop a
plan for the National Reconnaissance Office to address how to
carry out covered space-based environmental monitoring
missions. Such plan shall include--
(A) a description of the related national security
requirements for such missions;
(B) a description of the appropriate manner to meet
such requirements; and
(C) the amount of funds that would be necessary to
be transferred from the Air Force to the National
Reconnaissance Office during fiscal years 2018 through
2022 to carry out such plan.
(2) Activities.--In developing the plan under paragraph
(1), the Director may conduct pre-acquisition activities,
including with respect to requests for information, analyses of
alternatives, study contracts, modeling and simulation, and
other activities the Director determines necessary to develop
such plan.
(3) Submission.--Not later than July 1, 2017, and except as
provided in subsection (c), the Director shall submit to the
appropriate congressional committees the plan under paragraph
(1).
(b) Independent Cost Estimate.--The Director of the Cost Assessment
Improvement Group of the Office of the Director of National
Intelligence, in coordination with the Director of Cost Assessment and
Program Evaluation, shall certify to the appropriate congressional
committees that the amounts of funds identified under subsection
(a)(1)(C) as being necessary to transfer are appropriate and include
funding for positions and personnel to support program office costs.
(c) Waiver Based on Report and Certification of Air Force
Acquisition Program.--The Director of the National Reconnaissance
Office may waive the requirement to develop a plan under subsection
(a), if the Under Secretary of Defense for Acquisition Technology, and
Logistics and the Chairman of the Joint Chiefs of Staff jointly submit
to the appropriate congressional committees a report by not later than
July 1, 2017) that contains--
(1) a certification that the Secretary of the Air Force is
carrying out a formal acquisition program that has received
Milestone A approval to address the cloud characterization and
theater weather imagery requirements of the Department of
Defense; and
(2) an identification of the cost, schedule, requirements,
and acquisition strategy of such acquisition program.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees; and
(B) the congressional defense committees (as
defined in section 101(a)(16) of title 10, United
States Code).
(2) Covered space-based environmental monitoring
missions.--The term ``covered space-based environmental
monitoring missions'' means the acquisition programs necessary
to meet the national security requirements for cloud
characterization and theater weather imagery.
(3) Milestone a approval.--The term ``Milestone A
approval'' has the meaning given that term in section 2366a(d)
of title 10, United States Code.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
SEC. 501. COMMITTEE TO COUNTER ACTIVE MEASURES BY THE RUSSIAN
FEDERATION TO EXERT COVERT INFLUENCE OVER PEOPLES AND
GOVERNMENTS.
(a) Definitions.--In this section:
(1) Active measures by russia to exert covert influence.--
The term ``active measures by Russia to exert covert
influence'' means activities intended to influence a person or
government that are carried out in coordination with, or at the
behest of, political leaders or the security services of the
Russian Federation and the role of the Russian Federation has
been hidden or not acknowledged publicly, including the
following:
(A) Establishment or funding of a front group.
(B) Covert broadcasting.
(C) Media manipulation.
(D) Disinformation and forgeries.
(E) Funding agents of influence.
(F) Incitement and offensive counterintelligence.
(G) Assassinations.
(H) Terrorist acts.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(C) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(b) Establishment.--There is established within the executive
branch an interagency committee to counter active measures by the
Russian Federation to exert covert influence.
(c) Membership.--
(1) In general.--
(A) Appointment.--Each head of an agency or
department of the Government set out under subparagraph
(B) shall appoint one member of the committee
established by subsection (b) from among officials of
such agency or department who occupy a position that is
required to be appointed by the President, with the
advice and consent of the Senate.
(B) Head of an agency or department.--The head of
an agency or department of the Government set out under
this subparagraph are the following:
(i) The Director of National Intelligence.
(ii) The Secretary of State.
(iii) The Secretary of Defense.
(iv) The Secretary of the Treasury.
(v) The Attorney General.
(vi) The Secretary of Energy.
(vii) The Director of the Federal Bureau of
Investigation.
(viii) The head of any other agency or
department of the United States Government
designated by the President for purposes of
this section.
(d) Meetings.--The committee shall meet on a regular basis.
(e) Duties.--The duties of the committee established by subsection
(b) shall be as follows:
(1) To counter active measures by Russia to exert covert
influence, including by exposing falsehoods, agents of
influence, corruption, human rights abuses, terrorism, and
assassinations carried out by the security services or
political elites of the Russian Federation or their proxies.
(2) Such other duties as the President may designate for
purposes of this section.
(f) Staff.--The committee established by subsection (b) may employ
such staff as the members of such committee consider appropriate.
(g) Budget Request.--A request for funds required for the
functioning of the committee established by subsection (b) may be
included in each budget for a fiscal year submitted by the President
pursuant to section 1105(a) of title 31, United States Code.
(h) Annual Report.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, and
consistent with the protection of intelligence sources and
methods, the committee established by subsection (b) shall
submit to the appropriate committees of Congress a report
describing steps being taken by the committee to counter active
measures by Russia to exert covert influence.
(2) Content.--Each report required by paragraph (1) shall
include the following:
(A) A summary of the active measures by the Russian
Federation to exert covert influence during the
previous year, including significant incidents and
notable trends.
(B) A description of the key initiatives of the
committee.
(C) A description of the implementation of the
committee's initiatives by the head of an agency or
department of the Government set out under subsection
(c)(1)(B).
(D) An analysis of the impact of the committee's
initiatives.
(E) Recommendations for changes to the committee's
initiatives from the previous year.
(3) Separate reporting requirement.--The requirement to
submit an annual report under paragraph (1) is in addition to
any other reporting requirements with respect to Russia.
SEC. 502. STRICT ENFORCEMENT OF TRAVEL PROTOCOLS AND PROCEDURES OF
ACCREDITED DIPLOMATIC AND CONSULAR PERSONNEL OF THE
RUSSIAN FEDERATION IN THE UNITED STATES.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
the Judiciary of the House of Representatives.
(b) Advance Notification Requirement.--The Secretary of State
shall, in coordination with the Director of the Federal Bureau of
Investigation and the Director of National Intelligence, establish a
mandatory advance notification regime governing all travel by
accredited diplomatic and consular personnel of the Russian Federation
in the United States and take necessary action to secure full
compliance by Russian personnel and address any noncompliance.
(c) Interagency Cooperation.--The Secretary of State, the Director
of the Federal Bureau of Investigation, and the Director of National
Intelligence shall develop written mechanisms to share information--
(1) on travel by accredited diplomatic and consular
personnel of the Russian Federation who are in the United
States; and
(2) on any known or suspected noncompliance by such
personnel with the regime required by subsection (b).
(d) Quarterly Reports.--Not later than 90 days after the date of
the enactment of this Act, and quarterly thereafter, and consistent
with the protection of intelligence sources and methods--
(1) the Secretary of State shall submit to the appropriate
committees of Congress a written report detailing the number of
notifications submitted under the regime required by subsection
(b); and
(2) the Secretary of State and the Director of the Federal
Bureau of Investigation shall jointly submit to the appropriate
committees of Congress a written report detailing the number of
known or suspected violations of such requirements by any
accredited diplomatic and consular personnel of the Russian
Federation.
SEC. 503. STUDY AND REPORT ON ENHANCED INTELLIGENCE AND INFORMATION
SHARING WITH OPEN SKIES TREATY MEMBER STATES.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) congressional intelligence committees;
(B) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(C) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Covered state party.--The term ``covered state party''
means a foreign country, that--
(A) was a state party to the Open Skies Treaty on
February 22, 2016; and
(B) is not the Russian Federation or the Republic
of Belarus.
(3) Open skies treaty.--The term ``Open Skies Treaty''
means the Treaty on Open Skies, done at Helsinki March 24,
1992, and entered into force January 1, 2002.
(b) Feasibility Study.--
(1) Requirement for study.--Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence shall conduct and submit to the appropriate
committees of Congress a study to determine the feasibility of
creating an intelligence sharing arrangement and database to
provide covered state parties with imagery that is comparable,
delivered more frequently, and in equal or higher resolution
than imagery available through the database established under
the Open Skies Treaty.
(2) Elements.--The study required by paragraph (1) shall
include an evaluation of the following:
(A) The methods by which the United States could
collect and provide imagery, including commercial
satellite imagery, national technical means, and
through other intelligence, surveillance, and
reconnaissance platforms, under an information sharing
arrangement and database referred to in paragraph (1).
(B) The ability of other covered state parties to
contribute imagery to the arrangement and database.
(C) Any impediments to the United States and other
covered states parties providing such imagery,
including any statutory barriers, insufficiencies in
the ability to collect the imagery or funding, under
such an arrangement.
(D) Whether imagery of Moscow, Chechnya, the
international border between Russia and Georgia,
Kaliningrad, or the Republic of Belarus could be
provided under such an arrangement.
(E) The annual and projected costs associated with
the establishment of such an arrangement and database,
as compared with costs to the United States and other
covered state parties of being parties to the Open
Skies Treaty, including Open Skies Treaty plane
maintenance, aircraft fuel, crew expenses, mitigation
measures necessary associated with Russian Federation
overflights of the United States or covered state
parties, and new sensor development and acquisition.
(3) Support from other federal agencies.--Each head of a
Federal agency shall provide such support to the Director as
may be necessary for the Director to conduct the study required
by paragraph (1).
(c) Report.--
(1) Requirement for report.--Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress the report described in this subsection.
(2) Content of report.--The report required by paragraph
(1) shall include the following:
(A) An intelligence assessment of Russian
Federation warfighting doctrine and the extent to which
Russian Federation flights under the Open Skies Treaty
contribute to such doctrine.
(B) A counterintelligence analysis as to whether
the Russian Federation has, could have, or intends to
have the capability to exceed the imagery limits set
forth in the Open Skies Treaty.
(C) A list of intelligence exchanges with covered
state parties that have been updated on the information
described in subparagraphs (A) and (B) and the date and
form such information was provided.
(d) Form of Submission.--The study required by subsection (b) and
the report required by subsection (c) shall be submitted in an
unclassified form but may include a classified annex.
TITLE VI--REPORTS AND OTHER MATTERS
SEC. 601. DECLASSIFICATION REVIEW WITH RESPECT TO DETAINEES TRANSFERRED
FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) In General.--For each individual detained at United States
Naval Station, Guantanamo Bay, Cuba, who was transferred or released
from United States Naval Station, Guantanamo Bay, Cuba, the Director of
National Intelligence shall--
(1)(A) complete a declassification review of intelligence
reports regarding past terrorist activities of that individual
prepared by the National Counterterrorism Center for the
individual's Periodic Review Board sessions, transfer, or
release; or
(B) if the individual's transfer or release occurred prior
to the date on which the National Counterterrorism Center first
began to prepare such reports regarding detainees, such other
intelligence report or reports that contain the same or similar
information regarding the individual's past terrorist
activities;
(2) make available to the public--
(A) any intelligence reports declassified as a
result of the declassification review; and
(B) with respect to each individual transferred or
released, for whom intelligence reports are
declassified as a result of the declassification
review, an unclassified summary which shall be prepared
by the President of measures being taken by the country
to which the individual was transferred or released to
monitor the individual and to prevent the individual
from carrying out future terrorist activities; and
(3) submit to the congressional intelligence committees a
report setting out the results of the declassification review,
including a description of intelligence reports covered by the
review that were not declassified.
(b) Schedule.--
(1) Transfer or release prior to enactment.--Not later than
210 days after the date of the enactment of this Act, the
Director of National Intelligence shall submit the report
required by subsection (a)(3), which shall include the results
of the declassification review completed for each individual
detained at United States Naval Station, Guantanamo Bay, Cuba,
who was transferred or released from United States Naval
Station, Guantanamo Bay, prior to the date of the enactment of
this Act.
(2) Transfer or release after enactment.--Not later than
120 days after the date an individual detained at United States
Naval Station, Guantanamo Bay, on or after the date of the
enactment of this Act is transferred or released from United
States Naval Station, Guantanamo Bay, the Director shall submit
the report required by subsection (a)(3) for such individual.
(c) Past Terrorist Activities.--For purposes of this section, the
past terrorist activities of an individual shall include all terrorist
activities conducted by the individual before the individual's transfer
to the detention facility at United States Naval Station, Guantanamo
Bay, including, at a minimum, the following:
(1) The terrorist organization, if any, with which
affiliated.
(2) The terrorist training, if any, received.
(3) The role in past terrorist attacks against United
States interests or allies.
(4) The direct responsibility, if any, for the death of
United States citizens or members of the Armed Forces.
(5) Any admission of any matter specified in paragraphs (1)
through (4).
(6) A description of the intelligence supporting any matter
specified in paragraphs (1) through (5), including the extent
to which such intelligence was corroborated, the level of
confidence held by the intelligence community, and any dissent
or reassessment by an element of the intelligence community.
SEC. 602. CYBER CENTER FOR EDUCATION AND INNOVATION-HOME OF THE
NATIONAL CRYPTOLOGIC MUSEUM.
(a) Authority to Establish and Operate Center.--Chapter 449 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 4781. Cyber Center for Education and Innovation-Home of the
National Cryptologic Museum
``(a) Establishment.--(1) The Secretary of Defense may establish at
a publicly accessible location at Fort George G. Meade the `Cyber
Center for Education and Innovation-Home of the National Cryptologic
Museum' (in this section referred to as the `Center').
``(2) The Center may be used for the identification, curation,
storage, and public viewing of materials relating to the activities of
the National Security Agency, its predecessor or successor
organizations, and the history of cryptology.
``(3) The Center may contain meeting, conference, and classroom
facilities that will be used to support such education, training,
public outreach, and other purposes as the Secretary considers
appropriate.
``(b) Design, Construction, and Operation.--The Secretary may enter
into an agreement with the National Cryptologic Museum Foundation (in
this section referred to as the `Foundation'), a nonprofit
organization, for the design, construction, and operation of the
Center.
``(c) Acceptance Authority.--(1) If the Foundation constructs the
Center pursuant to an agreement with the Foundation under subsection
(b), upon satisfactory completion of the Center's construction or any
phase thereof, as determined by the Secretary, and upon full
satisfaction by the Foundation of any other obligations pursuant to
such agreement, the Secretary may accept the Center (or any phase
thereof) from the Foundation, and all right, title, and interest in the
Center or such phase shall vest in the United States.
``(2) Notwithstanding section 1342 of title 31, the Secretary may
accept services from the Foundation in connection with the design
construction, and operation of the Center. For purposes of this section
and any other provision of law, employees or personnel of the
Foundation shall not be considered to be employees of the United
States.
``(d) Fees and User Charges.--(1) The Secretary may assess fees and
user charges to cover the cost of the use of Center facilities and
property, including rental, user, conference, and concession fees.
``(2) Amounts received under paragraph (1) shall be deposited into
the fund established under subsection (e).
``(e) Fund.--(1) Upon the Secretary's acceptance of the Center
under subsection (c)(1)) there is established in the Treasury a fund to
be known as the `Cyber Center for Education and Innovation-Home of the
National Cryptologic Museum Fund' (in this subsection referred to as
the `Fund').
``(2) The Fund shall consist of the following amounts:
``(A) Fees and user charges deposited by the Secretary
under subsection (d).
``(B) Any other amounts received by the Secretary which are
attributable to the operation of the Center.
``(3) Amounts in the Fund shall be available to the Secretary for
the benefit and operation of the Center, including the costs of
operation and the acquisition of books, manuscripts, works of art,
historical artifacts, drawings, plans, models, and condemned or
obsolete combat materiel.
``(4) Amounts in the Fund shall be available without fiscal year
limitation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 449 of title 10, United States Code, is amended by adding at
the end the following new item:
``4781. Cyber Center for Education and Innovation-Home of the National
Cryptologic Museum.''.
SEC. 603. REPORT ON NATIONAL SECURITY SYSTEMS.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Appropriations and the Committee on
Armed Services of the Senate; and
(3) the Committee on Appropriations and the Committee on
Armed Services of the House of Representatives.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter, the Director of the
National Security Agency, in coordination with the Secretary of Defense
and the Chairman of the Joint Chiefs of Staff, shall submit to the
appropriate committees of Congress a report on national security
systems.
(c) Content.--Each report submitted under subsection (b) shall
include information related to--
(1) national security systems or components thereof that
have been decertified and are still in operational use;
(2) extension requests and the current status of any
national security systems still in use or components thereof
that have been decertified and are still in use;
(3) national security systems known to not be in compliance
with the policies, principles, standards, and guidelines issued
by the Committee on National Security Systems established
pursuant to National Security Directive 42, signed by the
President on July 5, 1990; and
(4) organizations which have not provided access or
information to the Director of the National Security Agency
that is adequate to enable the Director to make a determination
as to whether such organizations are in compliance with the
policies, principles, standards, and guidelines issued by such
Committee on National Security Systems.
SEC. 604. JOINT FACILITIES CERTIFICATION.
(a) Findings.--Congress finds the following:
(1) The Director of National Intelligence set a strategic
goal to use joint facilities as a means to save costs by
consolidating administrative and support functions across
multiple elements of the intelligence community.
(2) The use of joint facilities provides more opportunities
for operational collaboration and information sharing among
elements of the intelligence community.
(b) Certification.--Before an element of the intelligence community
purchases, leases, or constructs a new facility that is 20,000 square
feet or larger, the head of that element of the intelligence community
shall submit to the Director of National Intelligence--
(1) a written certification that, to the best of the
knowledge of the head of such element, all prospective joint
facilities in the vicinity have been considered and the element
is unable to identify a joint facility that meets the
operational requirements of such element; and
(2) a written statement listing the reasons for not
participating in the prospective joint facilities considered by
the element.
SEC. 605. LEADERSHIP AND MANAGEMENT OF SPACE ACTIVITIES.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means the congressional
intelligence committees, the Committee on Armed Services of the Senate,
and the Committee on Armed Services of the House of Representatives.
(b) Update to Strategy for Comprehensive Interagency Review of the
United States National Security Overhead Satellite Architecture.--Not
later than 180 days after the date of the enactment of this Act, the
Director of National Intelligence, in consultation with the Secretary
of Defense and the Chairman of the Joint Chiefs of Staff, shall issue a
written update to the strategy required by section 312 of the
Intelligence Authorization Act for Fiscal Year 2016 (division M of
Public Law 114-113; 129 Stat. 2919).
(c) Unity of Effort in Space Operations Between the Intelligence
Community and Department of Defense.--
(1) Requirement for plan.--Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of Defense,
shall submit to the appropriate committees of Congress a plan
to functionally integrate the governance, operations, analysis,
collection, policy, and acquisition activities related to space
and counterspace carried out by the intelligence community. The
plan shall include analysis of no fewer than 2 alternative
constructs to implement this plan, and an assessment of
statutory, policy, organizational, programmatic, and resources
changes that may be required to implement each alternative
construct.
(2) Appointment by the director of national intelligence.--
Not later than 30 days after the date of the enactment of this
Act, the Director of National Intelligence, in consultation
with the Secretary of Defense, shall appoint a single official
to oversee development of the plan required by paragraph (1).
(3) Scope of plan.--The plan required by paragraph (1)
shall include methods to functionally integrate activities
carried out by--
(A) the National Reconnaissance Office;
(B) the functional managers for signals
intelligence and geospatial intelligence;
(C) the Office of the Director of National
Intelligence;
(D) other Intelligence Community elements with
space-related programs;
(E) joint interagency efforts; and
(F) other entities as identified by the Director of
National Intelligence in coordination with the
Secretary of Defense.
(d) Intelligence Community Space Workforce.--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 workforce plan to recruit, develop, and retain personnel
in the intelligence community with skills and experience in space and
counterspace operations, analysis, collection, policy, and acquisition.
(e) Joint Interagency Combined Space Operations Center.--
(1) Submission to congress.--The Director of the National
Reconnaissance Office and the Commander of the United States
Strategic Command, in consultation with the Director of
National Intelligence, the Under Secretary of Defense for
Intelligence, and the Chairman of the Joint Chiefs of Staff,
shall submit to the appropriate committees of Congress concept
of operations and requirements documents for the Joint
Interagency Combined Space Operations Center by the date that
is the earlier of--
(A) the completion of the experimental phase of
such Center; or
(B) 30 days after the date of the enactment of this
Act.
(2) Quarterly briefings.--The Director of the National
Reconnaissance Office and the Commander of the United States
Strategic Command, in coordination with the Director of
National Intelligence and Under Secretary of Defense for
Intelligence, shall provide to the appropriate committees of
Congress briefings providing updates on activities and progress
of the Joint Interagency Combined Space Operations Center to
begin 30 days after the date of the enactment of this Act. Such
briefings shall be quarterly for the first year following
enactment, and annually thereafter.
SEC. 606. ADVANCES IN LIFE SCIENCES AND BIOTECHNOLOGY.
(a) Requirement for Plan.--Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence
shall brief the congressional intelligence committees on a proposed
plan to monitor advances in life sciences and biotechnology to be
carried out by the Director.
(b) Contents of Plan.--The plan required by subsection (a) shall
include--
(1) a description of the approach the elements of the
intelligence community will take to make use of organic life
science and biotechnology expertise, within and outside the
intelligence community on a routine and contingency basis;
(2) an assessment of the current collection and analytical
posture of the life sciences and biotechnology portfolio as it
relates to United States competitiveness and the global bio-
economy, the risks and threats evolving with advances in
genetic editing technologies, and the implications of such
advances on future biodefense requirements; and
(3) an analysis of organizational requirements and
responsibilities, including potentially creating new positions.
(c) Report to Congress.--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, the Committee on
Armed Services of the Senate, and the Committee on Armed Services of
the House of Representatives a report and provide a briefing on the
role of the intelligence community in the event of a biological attack
on the United States, including an assessment of the capabilities and
gaps in technical capabilities that exist to address the potential
circumstance of a novel unknown pathogen.
SEC. 607. REPORTS ON DECLASSIFICATION PROPOSALS.
(a) Covered Studies Defined.--In this section, the term ``covered
studies'' means the studies that the Director of National Intelligence
requested that the elements of the intelligence community produce in
the course of producing the fundamental classification guidance review
for fiscal year 2017 required by Executive Order No. 13526 (50 U.S.C.
3161 note), as follows:
(1) A study of the feasibility of reducing the number of
original classification authorities in each element of the
intelligence community to the minimum number required and any
negative impacts that reduction could have on mission
capabilities.
(2) A study of the actions required to implement a
proactive discretionary declassification program distinct from
the systematic, automatic, and mandatory declassification
review programs outlined in part 2001 of title 32, Code of
Federal Regulations, including section 2001.35 of such part.
(3) A study of the benefits and drawbacks of implementing a
single classification guide that could be used by all elements
of the intelligence community in the nonoperational and more
common areas of such elements.
(4) A study of whether the classification level of
``confidential'' could be eliminated within agency-generated
classification guides from use by elements of the intelligence
community and any negative impacts that elimination could have
on mission success.
(b) Reports and Briefings to Congress.--
(1) Progress report.--Not later than 30 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit a report to the congressional
intelligence committees and provide the congressional
intelligence committees a briefing on the progress of the
elements of the intelligence community in producing the covered
studies.
(2) Final report.--Not later than the earlier of 120 days
after the date of the enactment of this Act or June 30, 2017,
the Director of National Intelligence shall submit a report and
provide a briefing to the congressional intelligence committees
on--
(A) the final versions of the covered studies that
have been provided to the Director by the elements of
the intelligence community; and
(B) a plan for implementation of each initiative
included in each such covered study.
SEC. 608. IMPROVEMENT IN GOVERNMENT CLASSIFICATION AND
DECLASSIFICATION.
(a) Review of Government Classification and Declassification.--Not
later than 180 days after the date of the enactment of this Act, the
Director of National Intelligence shall--
(1) review the system by which the Government classifies
and declassifies information;
(2) develop recommendations--
(A) to make such system a more effective tool for
the protection of information relating to national
security;
(B) to improve the sharing of information with
partners and allies of the Government; and
(C) to support the appropriate declassification of
information; and
(3) submit to the congressional intelligence committees a
report with--
(A) the findings of the Director with respect to
the review conducted under paragraph (1); and
(B) the recommendations developed under paragraph
(2).
(b) Annual Certification of Controlled Access Programs.--
(1) In general.--Not less frequently than once each year,
the Director of National Intelligence shall certify in writing
to the congressional intelligence committees whether the
creation, validation, or substantial modification, including
termination, for all existing and proposed controlled access
programs, and the compartments and subcompartments within each,
are substantiated and justified based on the information
required by paragraph (2).
(2) Information required.--Each certification pursuant to
paragraph (1) shall include--
(A) the rationale for the revalidation, validation,
or substantial modification, including termination, of
each controlled access program, compartment and
subcompartment;
(B) the identification of a control officer for
each controlled access program; and
(C) a statement of protection requirements for each
controlled access program.
SEC. 609. REPORT ON IMPLEMENTATION OF RESEARCH AND DEVELOPMENT
RECOMMENDATIONS.
Not later than 120 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 the
following:
(1) An assessment of the actions each element of the
intelligence community has completed to implement the
recommendations made by the National Commission for the Review
of the Research and Development Programs of the United States
Intelligence Community established under section 1002 of the
Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 50 U.S.C. 3001 note).
(2) An analysis of the balance between short-, medium-, and
long-term research efforts carried out by each element of the
intelligence community.
SEC. 610. REPORT ON INTELLIGENCE COMMUNITY RESEARCH AND DEVELOPMENT
CORPS.
Not later than 120 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report and provide briefing on
a plan, with milestones and benchmarks, to implement an Intelligence
Community Research and Development Corps, as recommended in the Report
of the National Commission for the Review of the Research and
Development Programs of the United States Intelligence Community,
including an assessment--
(1) of the funding and modification to existing authorities
needed to allow for the implementation of such Corps; and
(2) of additional legislative authorities, if any,
necessary to undertake such implementation.
SEC. 611. REPORT ON INFORMATION RELATING TO ACADEMIC PROGRAMS,
SCHOLARSHIPS, FELLOWSHIPS, AND INTERNSHIPS SPONSORED,
ADMINISTERED, OR USED BY THE INTELLIGENCE COMMUNITY.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report by the
intelligence community regarding covered academic programs. Such report
shall include--
(1) a description of the extent to which the Director and
the heads of the elements of the intelligence community
independently collect information on covered academic programs,
including with respect to--
(A) the number of applicants for such programs;
(B) the number of individuals who have participated
in such programs; and
(C) the number of individuals who have participated
in such programs and were hired by an element of the
intelligence community after completing such program;
(2) to the extent that the Director and the heads
independently collect the information described in paragraph
(1), a chart, table, or other compilation illustrating such
information for each covered academic program and element of
the intelligence community, as appropriate, during the three-
year period preceding the date of the report; and
(3) to the extent that the Director and the heads do not
independently collect the information described in paragraph
(1) as of the date of the report--
(A) whether the Director and the heads can begin
collecting such information during fiscal year 2017;
and
(B) the personnel, tools, and other resources
required by the Director and the heads to independently
collect such information.
(b) Covered Academic Programs Defined.--In this section, the term
``covered academic programs'' means--
(1) the Federal Cyber Scholarship-for-Service Program under
section 302 of the Cybersecurity Enhancement Act of 2014 (15
U.S.C. 7442);
(2) the National Security Education Program under the David
L. Boren National Security Education Act of 1991 (50 U.S.C.
1901 et seq.);
(3) the Science, Mathematics, and Research for
Transformation Defense Education Program under section 2192a of
title 10, United States Code;
(4) the National Centers of Academic Excellence in
Information Assurance and Cyber Defense of the National
Security Agency and the Department of Homeland Security; and
(5) any other academic program, scholarship program,
fellowship program, or internship program sponsored,
administered, or used by an element of the intelligence
community.
SEC. 612. REPORT ON INTELLIGENCE COMMUNITY EMPLOYEES DETAILED TO
NATIONAL SECURITY COUNCIL.
Not later than 60 days after the date of the enactment of this Act,
the Director of National Intelligence shall submit to the congressional
intelligence committees a classified written report listing, by year,
the number of employees of an element of the intelligence community who
have been detailed to the National Security Council during the 10-year
period preceding the date of the report.
SEC. 613. INTELLIGENCE COMMUNITY REPORTING TO CONGRESS ON FOREIGN
FIGHTER FLOWS.
(a) Reports Required.--Not later than 60 days after the date of the
enactment of this Act, and every 180 days thereafter, the Director of
National Intelligence, consistent with the protection of intelligence
sources and methods, shall submit to the appropriate congressional
committees a report on foreign fighter flows to and from terrorist safe
havens abroad.
(b) Contents.--Each report submitted under subsection (a) shall
include, with respect to each terrorist safe haven, the following:
(1) The total number of foreign fighters who have traveled
or are suspected of having traveled to the terrorist safe haven
since 2011, including the countries of origin of such foreign
fighters.
(2) The total number of United States citizens present in
the terrorist safe haven.
(3) The total number of foreign fighters who have left the
terrorist safe haven or whose whereabouts are unknown.
(c) Form.--The reports submitted under subsection (a) may be
submitted in classified form. If such a report is submitted in
classified form, such report shall also include an unclassified
summary.
(d) Sunset.--The requirement to submit reports under subsection (a)
shall terminate on the date that is two years after the date of the
enactment of this Act.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) in the Senate--
(A) the Committee on Armed Services;
(B) the Select Committee on Intelligence;
(C) the Committee on the Judiciary;
(D) the Committee on Homeland Security and
Governmental Affairs;
(E) the Committee on Banking, Housing, and Urban
Affairs;
(F) the Committee on Foreign Relations; and
(G) the Committee on Appropriations; and
(2) in the House of Representatives--
(A) the Committee on Armed Services;
(B) the Permanent Select Committee on Intelligence;
(C) the Committee on the Judiciary;
(D) the Committee on Homeland Security;
(E) the Committee on Financial Services;
(F) the Committee on Foreign Affairs; and
(G) the Committee on Appropriations.
SEC. 614. REPORT ON CYBERSECURITY THREATS TO SEAPORTS OF THE UNITED
STATES AND MARITIME SHIPPING.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Homeland Security for
Intelligence and Analysis, in consultation with the Director of
National Intelligence, and consistent with the protection of sources
and methods, shall submit to the appropriate congressional committees a
report on the cybersecurity threats to, and the cyber vulnerabilities
within, the software, communications networks, computer networks, or
other systems employed by--
(1) entities conducting significant operations at seaports
in the United States;
(2) the maritime shipping concerns of the United States;
and
(3) entities conducting significant operations at
transshipment points in the United States.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) A description of any recent and significant
cyberattacks or cybersecurity threats directed against
software, communications networks, computer networks, or other
systems employed by the entities and concerns described in
paragraphs (1) through (3) of subsection (a).
(2) An assessment of--
(A) any planned cyberattacks directed against such
software, networks, and systems;
(B) any significant vulnerabilities to such
software, networks, and systems; and
(C) how such entities and concerns are mitigating
such vulnerabilities.
(3) An update on the status of the efforts of the Coast
Guard to include cybersecurity concerns in the National
Response Framework, Emergency Support Functions, or both,
relating to the shipping or ports of the United States.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and
Transportation of the Senate; and
(3) the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 615. REPORT ON REPRISALS AGAINST CONTRACTORS OF THE INTELLIGENCE
COMMUNITY.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community, consistent with the protection of sources and methods, shall
submit to the congressional intelligence committees a report on
reprisals made against covered contractor employees.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) Identification of the number of known or claimed
reprisals made against covered contractor employees during the
3-year period preceding the date of the report and any
evaluation of such reprisals.
(2) An evaluation of the usefulness of establishing a
prohibition on reprisals against covered contractor employees
as a means of encouraging such contractors to make protected
disclosures.
(3) A description of any challenges associated with
establishing such a prohibition, including with respect to the
nature of the relationship between the Federal Government, the
contractor, and the covered contractor employee.
(4) A description of any approaches taken by the Federal
Government to account for reprisals against non-intelligence
community contractors who make protected disclosures, including
pursuant to section 2409 of title 10, United States Code, and
sections 4705 and 4712 of title 41, United States Code.
(5) Any recommendations the Inspector General determines
appropriate.
(c) Definitions.--In this section:
(1) Covered contractor employee.--The term ``covered
contractor employee'' means an employee of a contractor of an
element of the intelligence community.
(2) Reprisal.--The term ``reprisal'' means the discharge or
other adverse personnel action made against a covered
contractor employee for making a disclosure of information that
would be a disclosure protected by law if the contractor were
an employee of the Federal Government.
Attest:
Clerk.
115th CONGRESS
1st Session
H.R. 244
_______________________________________________________________________
HOUSE AMENDMENT TO SENATE AMENDMENT