[Congressional Record Volume 163, Number 76 (Wednesday, May 3, 2017)]
[House]
[Pages H3089-H3307]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HONORING INVESTMENTS IN RECRUITING AND EMPLOYING AMERICAN MILITARY
VETERANS ACT OF 2017
Mr. FRELINGHUYSEN. Mr. Speaker, pursuant to House Resolution 305, I
[[Page H3090]]
call up the bill (H.R. 244) 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, with the
Senate amendments thereto, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendments.
Senate amendments:
(1)On page 9, strike lines 11 through 18.
(2)On page 9, line 19, strike ``(b) Unlawful Display
Prohibited.--''.
(3)On page 12, lines 18 through 19, strike ``, as defined in
such section''.
Motion to Concur
Mr. FRELINGHUYSEN. Mr. Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Mr. Frelinghuysen moves that the House concur in Senate
amendments numbered 2 and 3, and concur in Senate amendment
numbered 1 with an amendment.
The text of the House amendment to the Senate amendments to the text
is as follows:
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.''.
[[Page H3091]]
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,
[[Page H3092]]
$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
[[Page H3093]]
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.
[[Page H3094]]
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
[[Page H3095]]
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
[[Page H3096]]
(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,
[[Page H3097]]
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:
[[Page H3098]]
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
[[Page H3099]]
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;
[[Page H3100]]
(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
[[Page H3101]]
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-
[[Page H3102]]
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:
[[Page H3103]]
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
[[Page H3104]]
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)
[[Page H3105]]
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.
[[Page H3106]]
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
[[Page H3107]]
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
[[Page H3108]]
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
[[Page H3109]]
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,
[[Page H3110]]
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
[[Page H3111]]
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
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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
[[Page H3113]]
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,
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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,
[[Page H3115]]
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--
[[Page H3116]]
(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
[[Page H3117]]
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.
[[Page H3118]]
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
[[Page H3119]]
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.
[[Page H3120]]
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.
[[Page H3121]]
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.
[[Page H3122]]
(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
[[Page H3123]]
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.
[[Page H3124]]
(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.
[[Page H3125]]
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
[[Page H3126]]
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
[[Page H3127]]
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
[[Page H3128]]
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
[[Page H3129]]
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.
[[Page H3130]]
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).
[[Page H3131]]
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'',
[[Page H3132]]
$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
[[Page H3133]]
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.
[[Page H3134]]
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
[[Page H3135]]
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.
[[Page H3136]]
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.
[[Page H3137]]
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
[[Page H3138]]
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;
[[Page H3139]]
(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
[[Page H3140]]
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
[[Page H3141]]
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
[[Page H3142]]
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.
[[Page H3143]]
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.
[[Page H3144]]
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''.
[[Page H3145]]
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
[[Page H3146]]
(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
[[Page H3147]]
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
[[Page H3148]]
(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
[[Page H3149]]
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
[[Page H3150]]
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)
[[Page H3151]]
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.
[[Page H3152]]
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.
[[Page H3153]]
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
[[Page H3154]]
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,
[[Page H3155]]
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.
[[Page H3156]]
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.
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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).
[[Page H3158]]
(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
[[Page H3159]]
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
[[Page H3160]]
(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
[[Page H3161]]
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
[[Page H3162]]
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
[[Page H3163]]
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).
[[Page H3164]]
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.--
[[Page H3165]]
``(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
[[Page H3166]]
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
[[Page H3167]]
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
[[Page H3168]]
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
[[Page H3169]]
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.
[[Page H3170]]
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.
[[Page H3171]]
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
[[Page H3172]]
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
[[Page H3173]]
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
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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 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
[[Page H3175]]
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
[[Page H3176]]
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
[[Page H3177]]
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
[[Page H3178]]
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
[[Page H3179]]
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
[[Page H3180]]
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
[[Page H3181]]
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
[[Page H3182]]
(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)--
[[Page H3183]]
(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.
[[Page H3184]]
(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.
[[Page H3185]]
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
[[Page H3186]]
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
[[Page H3187]]
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.
[[Page H3188]]
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
[[Page H3189]]
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
[[Page H3190]]
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
[[Page H3191]]
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
[[Page H3192]]
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.
[[Page H3193]]
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
[[Page H3194]]
(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.
[[Page H3195]]
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
[[Page H3196]]
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,
[[Page H3197]]
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.
[[Page H3198]]
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.
[[Page H3199]]
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
[[Page H3200]]
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
[[Page H3201]]
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.
[[Page H3202]]
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
[[Page H3203]]
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
[[Page H3204]]
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
[[Page H3205]]
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
[[Page H3206]]
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),
[[Page H3207]]
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
[[Page H3208]]
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:
[[Page H3209]]
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,
[[Page H3210]]
$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
[[Page H3211]]
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
[[Page H3212]]
(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;
[[Page H3213]]
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
[[Page H3214]]
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
[[Page H3215]]
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
[[Page H3216]]
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
[[Page H3217]]
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),
[[Page H3218]]
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
[[Page H3219]]
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
[[Page H3220]]
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,
[[Page H3221]]
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
[[Page H3222]]
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.
[[Page H3223]]
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
[[Page H3224]]
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
[[Page H3225]]
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
[[Page H3226]]
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
[[Page H3227]]
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
[[Page H3228]]
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
[[Page H3229]]
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
[[Page H3230]]
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
[[Page H3231]]
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
[[Page H3232]]
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.
[[Page H3233]]
(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
[[Page H3234]]
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
[[Page H3235]]
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
[[Page H3236]]
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
[[Page H3237]]
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.
[[Page H3238]]
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
[[Page H3239]]
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
[[Page H3240]]
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.
[[Page H3241]]
(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.--
[[Page H3242]]
(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
[[Page H3243]]
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,
[[Page H3244]]
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.
[[Page H3245]]
(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
[[Page H3246]]
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
[[Page H3247]]
(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
[[Page H3248]]
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.
[[Page H3249]]
(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.
[[Page H3250]]
(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
[[Page H3251]]
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.
[[Page H3252]]
(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
[[Page H3253]]
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
[[Page H3254]]
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
[[Page H3255]]
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
[[Page H3256]]
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''--
[[Page H3257]]
(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
[[Page H3258]]
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
[[Page H3259]]
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:
[[Page H3260]]
``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;
[[Page H3261]]
(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
[[Page H3262]]
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
[[Page H3263]]
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
[[Page H3264]]
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
[[Page H3265]]
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
[[Page H3266]]
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
[[Page H3267]]
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
[[Page H3268]]
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
[[Page H3269]]
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
[[Page H3270]]
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
[[Page H3271]]
$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
[[Page H3272]]
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
[[Page H3273]]
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
[[Page H3274]]
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
[[Page H3275]]
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.
[[Page H3276]]
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
[[Page H3277]]
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
[[Page H3278]]
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,
[[Page H3279]]
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''.
[[Page H3280]]
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.
[[Page H3281]]
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
[[Page H3282]]
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.
[[Page H3283]]
(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.
[[Page H3284]]
(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
[[Page H3285]]
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
[[Page H3286]]
(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.
[[Page H3287]]
``(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.
[[Page H3288]]
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.
[[Page H3289]]
(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.
The SPEAKER pro tempore (Mr. Shimkus). Pursuant to House Resolution
305, the motion shall be debatable for 1 hour equally divided and
controlled by the chair and ranking minority member of the Committee on
Appropriations.
The gentleman from New Jersey (Mr. Frelinghuysen) and the gentlewoman
from New York (Mrs. Lowey) each will control 30 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. FRELINGHUYSEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous materials on further consideration of
H.R. 244 and that I may include tabular material on the same.
=========================== NOTE ===========================
May 3, 2017, on page H3289, the following appeared: 244 that may
include tabular material
The online version has been corrected to read: 244 and that I
may include tabular material
========================= END NOTE =========================
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield myself 6 minutes.
I rise today to present the House amendment to H.R. 244, a bill that
will provide funding for the Federal Government for the rest of the
year 2017.
This bill reflects shared values, which will help make our Nation
stronger, safer, and more prosperous. It fulfills our constitutional
duty to fund important services the American people rely on every day,
and it does this in a responsible way, making the best use of every
single taxpayer dollar, ensuring more reliability and predictability
than a government operating under a continuing resolution. In short, it
moves our Nation forward in the right direction.
The bill includes full-year funding for the remaining 11 annual
appropriations bills for defense, infrastructure, health, and safety
programs through the end of the fiscal year on September 30, as well as
critical emergency and defense and border security funding requested by
the President.
In total, it provides $1.63 trillion in base and overseas contingency
operations funding. These levels meet the caps provided by the
Bipartisan Budget Act of 2015.
This bill makes the smart decisions investing funding where it is
needed most: rebuilding our military, securing our borders, and
bolstering economic growth, getting people back to work.
First and foremost and most importantly, this bill prioritizes
funding for national defense, restoring the strength and capacity of
our Armed Forces. Overall defense funding is increased by $25 billion
above fiscal year 2016 levels.
This funding will help ensure our military has proper training, the
best weapons and equipment needed to defeat ISIS, battle radical
extremism around the world, and support our allies in the critical
regions around the world against threats from Russia, China, Iran,
North Korea, and other sources. To rebuild our end strength, this bill
includes $1.6 billion for an additional 36,000 troops above the
previous administration's request.
Most importantly, this bill supports our men and women in uniform--
all volunteers--and provides them with a 2.1 percent pay raise, the
largest in 6 years, and it takes care of their families.
To help secure our borders and protect our homeland, the bill
provides Customs and Border Protection with a total of $12.2 billion,
nearly a billion increase over fiscal year 2016. In fact, this is the
largest increase to border security technologies and infrastructure in
a decade, a downpayment on stronger, more effective systems and
barriers.
Funding is also prioritized to tackle gang and drug crime, combat
terrorism, and support law enforcement. Vital agencies like the FBI,
the U.S. Marshals, the DEA, and Immigration and Customs Enforcement all
receive funding boosts.
Other domestic funding is directed to proven, effective programs that
improve the health and safety of all Americans. This includes increases
for the National Institutes of Health and the CDC.
[[Page H3290]]
Significantly, we have increased funding to battle the opioid abuse
epidemic by $781 million from last year. This funding will provide
treatment, education and enforcement, and help the unacceptably high
numbers of communities that have been devastated by this crisis.
Lastly, this legislation funds important national priorities like
critical infrastructure and essential disaster relief, and supports our
local communities, including renewing the D.C. Opportunity Scholarship
Program and giving choice in the District to parents.
{time} 1430
This bill should also be noted for what it doesn't do. Our
legislation cuts, freezes, and eliminates funding for dozens of
programs that have been wasteful, ineffective, or just plain
unnecessary. For example, we cut funding at the EPA by $81 million and
reined in its regulatory program to prevent overreach.
We froze IRS's funding at current levels and directed funds to
improve services to taxpayers. And to ensure that each and every tax
dollar is well spent, the bill implements strong oversight and
accountability at every level of government.
Mr. Speaker, I am proud to support this bill, as it reflects the
needs of the American people and our common values. We are investing in
the security and success of our Nation, and, for that, this bill
deserves solid bipartisan support.
Mr. Speaker, there are many people to thank for their help in
bringing this bill to the floor today. First and foremost, I want to
thank my colleagues in the House. Each and every Member contributed to
this effort, and, as a result, it is a better bill.
I especially want to thank my committee chairmen. They are stewards
of these bills, and I appreciate all the hard work they have done to
get us here today with their committee members.
I would also like to thank my counterpart, ranking member of the
Appropriations Committee, Mrs. Lowey, for her dedication to bringing
this bill to the floor today, as well as our colleagues in the Senate
for their partnership.
Lastly, I must thank the hardworking staff of the House
Appropriations Committee. They have put in months of nonstop work to
bring this bill before the House today. We wouldn't be here without the
leadership of the full committee staff, led by Nancy Fox and Jim
Kulikowski on the majority side, and Shalanda Young and Chris Bigelow
on the minority side.
In the front office, we have, also working hard, Stephen Sepp,
Shannon O'Keefe, Carol Murphy, Jennifer Hing, Marta Hernandez, Tammy
Hughes, Rachel Kahler, David Roth, and Brad Allen. I thank all of you.
I also want to thank our hardworking clerks and their Democratic
counterparts. All deserve our gratitude. The clerks: Tom O'Brien, John
Martens, Jennifer Miller, Donna Shahbaz, Dena Baron, Valerie Baldwin,
Dave LesStrang, Susan Ross, Liz Dawson, Maureen Holohan, Craig Higgins,
and Doug Disrud.
Lastly, I want to thank Katie Hazlett, my chief of staff, and my
personal staff.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. I yield myself an additional 1 minute.
Our subcommittees, as well as the minority staff, have worked night
and day to get these fiscal year 2017 bills behind us and to get ahead
and move ahead to the 2018 process. I appreciate all of them and their
hard work.
Before I close, I would like to take a moment to acknowledge one
special member of the committee staff, Dale Oak, who retires this week.
Dale has dedicated over 20 years to the committee and even more to the
government. He tacked one extra week on to that total, sticking around
to help us complete this bill. This commitment is true to form for him,
and we are immensely grateful for it.
Dale, we thank you for your years of service, and we wish you the
best of luck in the future.
Mr. Speaker, it is now 7 months into the 2017 fiscal year. We must
complete our work today. It is time to look ahead and begin work on the
2018 priorities. I urge my colleagues to support the bill.
Mr. Speaker, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume.
I am pleased to be here with Chairman Frelinghuysen to complete the
fiscal year 2017 appropriations process. Bipartisan negotiations
resulted in a bill. The product of compromise makes important
investments such as: increasing biomedical research at the NIH by $2
billion; increasing investments in early childhood and education
programs such as Head Start, Title I, IDEA, and afterschool programs;
making college more affordable by increasing Pell grants and making
them available year round; providing robust funding for public
broadcasting and community service; and investing in transportation,
housing, first responders, and providing our military with the tools to
deter and defeat threats abroad.
It would also: ensure American citizens in Puerto Rico continue to
have access to health care; permanently extend health insurance
benefits for retired mine workers; increase funding to combat the
opioid epidemic; preserve Planned Parenthood's eligibility for Federal
funds; provide $1.1 billion in disaster assistance for regions affected
by storms and flooding, including North Carolina, California,
Louisiana, West Virginia, and more.
It is imperative to note what this bill does not contain: not one
cent for President Trump's border wall or additional fencing; no
poison-pill riders that would have prevented so-called sanctuary cities
from receiving Federal grants, undermined the Affordable Care Act, or
harmed the FDA's ability to regulate tobacco products.
While I am pleased we reached this agreement, we should not celebrate
coming to a full-year agreement in May for a fiscal year that began 7
months ago.
Last year, our committee was negotiating in good faith until the
Trump transition team interfered, insisting on a CR until late April.
This unnecessary and costly delay, combined with the President's
proposed cuts for the FY17 and FY18 spending bills, do not bode well
for our work in the coming months.
So, while I support this bill, I am under no illusions and expect
this President will again insist on draconian cuts that will harm
hardworking families and interfere with our ability to negotiate.
Just yesterday, the President irresponsibly tweeted: ``Our country
needs a good `shutdown' in September. . . . `' Perhaps the President
needs a history lesson. The Constitution grants Congress the power of
the purse. I hope the President is watching and that he will learn that
good things happen when we work together for the American people.
Of course, our good bipartisan work on this bill would not have been
possible without our excellent staff, and I want to personally thank
all the minority and majority Appropriations Committee staffers,
especially our Democratic Staff Director Shalanda Young; and Deputy
Staff Director Chris Bigelow; and their majority counterparts, Nancy
Fox and Jim Kulikowski.
Again, I appreciate the opportunity to work with Chairman
Frelinghuysen, and I appreciate the work of all our committee members,
all our ranking members, and their personal staffs as well.
Mr. Speaker, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I am pleased to yield 4 minutes to
the gentleman from Kentucky (Mr. Rogers), my predecessor.
Mr. ROGERS of Kentucky. Mr. Speaker, I am pleased to support this
legislation. I want to commend Chairman Frelinghuysen and Mrs. Lowey
for a job well done.
Mr. Speaker, the most important point that I think I could make for
many in this Chamber is that if you reject this omnibus spending bill
that you all put together during the year, the alternative is a
continuing resolution for the balance of the year which will put into
effect the spending priorities of the previous administration. The
Obama plan will still be in effect if you reject this omnibus bill. For
many of us, that is the most important point that we could make.
[[Page H3291]]
Now, Mr. Speaker, this comprehensive bill responsibly funds key
government programs through the rest of the fiscal year. As the battle
against ISIS continues, funding for both defense and diplomacy must be
a part of our national security framework.
Along with strategic increases for the Department of Defense, the
omnibus includes critical funding for the Department of State and
Foreign Operations. Protecting our diplomats abroad is a top priority,
and the bill provides $6.1 billion to carry out that mission. The
legislation also upholds our commitments to key international allies
like Israel and Jordan and establishes a new $100 million fund to
support nations facing Russian aggression.
We continue funding for global health, and humanitarian aid, and
famine relief, including a new rapid response fund for emerging
infectious diseases. And the bill dedicates significant resources to
stop drug trafficking along our southern border with robust
counternarcotic and law enforcement efforts in Mexico, Central America,
and Colombia.
No funds are provided for either the Green Climate Fund or the U.N.
panel on climate change, and funding for the U.N. is reduced by $640
million.
While national security is a key tenet of this legislation, the
omnibus also promotes economic growth at home, particularly in my
Kentucky district. Coal country came under siege under President Obama,
with an onslaught of job-killing regulations. Our communities are
working hard to recover, after losing nearly 12,000 mining jobs.
In addition to rolling back several anticoal regulations, the bill
permanently provides healthcare benefits to retired coal miners and
their families. This gives the people who powered our Nation for
generations the peace of mind that they deserve.
The bill also provides Kentucky with $25 million to continue the
Abandoned Mine Land Pilot Program, which creates jobs by reclaiming
abandoned mine land for economic development. The Appalachian Regional
Commission receives historic funding. With the $152 million
appropriated, $10 million is dedicated to high-speed broadband cable in
our region. EDA is also provided with $30 million to revitalize the
coalfields.
In addition to creating jobs, this bill builds on our progress to
combat drug abuse. Like Operation UNITE in my district, we take a
holistic approach to fund a comprehensive Federal response. An increase
of $781 million is provided for fighting the opioid epidemic, including
treatment, and prevention, and law enforcement. This bill, Mr. Speaker,
will save lives.
Mr. Speaker, I urge a ``yes'' vote. I commend the chairman and the
ranking member for the great work they have put together in passing
what is important to this Nation.
Mrs. LOWEY. Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman
from Ohio (Ms. Kaptur), ranking member of the Subcommittee on Energy
and Water Development, and Related Agencies.
Ms. KAPTUR. Mr. Speaker, I want to thank my dear colleague, Mrs.
Lowey, the ranking member of the committee, for yielding, and thank
Chairmen Frelinghuysen, Rogers, and Ranking Member Lowey again for the
hard work they did to push this bill across the finish line.
Yet today, I rise with frustration that it has taken us so long to
finish doing our job. There is simply no good reason why, over 7 months
into the 2017 fiscal year, we are only now taking a vote to fund this
year's government operations. The American people deserve so much
better.
There are many things in this bill with which I disagree, but I am
pleased to see that the bill before us represents a bipartisan
compromise. It also includes a lot of positive aspects.
For Ohio, the agreement brings welcome news to coal industry
pensioneers. It also provides an important $600 million to fight the
national opioid epidemic which has devastated our communities.
{time} 1445
It also provides $300 million for the Great Lakes Restoration
Initiative, assuring our critical work to improve water quality in the
Great Lakes continues.
As ranking member of the Energy and Water Development, and Related
Agencies Subcommittee, I am well aware we have more work to do. But
this bill continues our commitment to nuclear nonproliferation and
provides a modest increase for innovative science as well as energy
efficiency and renewable energy for America's future and for our global
leadership.
Once again, I believe it is Democrats who are getting the job done
for America and leading the charge of bipartisan negotiations and
compromise to avoid a government shutdown. Our side of the aisle
continues to focus on making progress, moving the ball forward inch by
inch and making progress, advancing progress for our country a step at
a time.
A recent poll reported that this is what 77 percent of the American
people want: compromising, working together, and moving forward. I hope
that this agreement will be a beachhead in our efforts to fulfill their
wishes. This bill demonstrates Congress can work together collegially
for the 2018 fiscal year appropriations to follow to benefit our
Nation's future.
I thank, again, Chairman Rodney Frelinghuysen, Ranking Member Nita
Lowey, and all of our dedicated staff on appropriations on both sides
of the aisle for the hard, bipartisan work they put in putting this
bill forward together for America's sake. I thank the gentlewoman for
yielding.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 2 minutes to the gentlewoman
from Texas (Ms. Granger), who is the distinguished chairman of the
Defense Appropriations Subcommittee.
Ms. GRANGER. Mr. Speaker, I rise in strong support of this bill.
This bill is where we take the first big step to begin rebuilding our
military. The world is more dangerous and unstable than at any time in
recent history. Iran, Russia, and China are increasingly challenging
our vital interests and those of our allies. The threats coming from
North Korea are more ominous than anything we have faced in decades. At
the same time, terrorists from ISIS, al-Qaida, and their affiliates
endanger our very way of life.
Our number one responsibility as Members of Congress is to provide
for the defense of this Nation. Since becoming Defense Appropriations
Subcommittee chairwoman, I have spent time talking to senior defense
leadership to find out what they need to combat these threats. They
have unanimously stated that the only thing our adversaries respect is
strength and they need this bill passed to ensure our military is as
strong and effective as possible.
The bill today brings total FY17 defense funding to $25 billion more
than last year and $22 billion more than the Obama administration's
original request. The bill includes $21 billion for critical military
requirements, as requested by the new administration. The bill provides
the resources for Secretary Mattis to implement his plan to restore our
military so that we can fight the adversaries we face today and those
we will face in the future.
Today we take the first critical step in Secretary Mattis' plan to
fix the potholes in our military readiness. We do that by reversing the
cuts to manpower proposed by the Obama administration and increase
military pay. We provide $7.3 billion over the Obama budget to support
operations, training, equipment maintenance, and military facility
repairs.
We reverse steep cuts to equipment and modernization. The bill
provides $12 billion more than the previous administration's request
for additional aircraft, ships, vehicles, munitions, and all the other
needs of our troops. The bill also adds $2 billion above the Obama
budget for research programs to ensure that we preserve our
technological edge against increasingly capable adversaries.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield an additional 1 minute to the
gentlewoman from Texas.
Ms. GRANGER. Mr. Speaker, we provide additional funds to support the
healthcare needs of our military personnel and their families,
including medical research programs. We provide additional funds
requested by the President for a reinvigorated strategy to defeat ISIS
and other terrorist groups.
I urge the House to support Secretary Mattis by giving him this long
[[Page H3292]]
overdue funding. We cannot turn our backs on our troops by forcing them
to work under a continuing resolution. To paraphrase the Chief of Staff
of the Air Force, there is no enemy that can do more damage to our
military than a full-year continuing resolution. Our military is
counting on us to pass this bill now. It is the only way to ensure the
United States will be strong and able to lead in this very dangerous
world.
Mr. Speaker, I strongly urge a ``yes'' vote.
Mrs. LOWEY. Mr. Speaker, I yield 2\1/2\ minutes to the distinguished
gentleman from New York (Mr. Serrano), who is the ranking member of the
Subcommittee on Commerce, Justice, Science, and Related Agencies.
(Mr. SERRANO asked and was given permission to revise and extend his
remarks.)
Mr. SERRANO. Mr. Speaker, I thank my colleague from New York for
yielding.
Mr. Speaker, I rise--and you should listen to this very closely--in
support of this bill. I do it because both sides understood the
importance of coming together and trying to work on a solution to this
situation. I have to say that the Republicans came to the table
understanding that they had the majority of the votes, but that they
also had the majority of the responsibility to make sure it was a
unified decision that was made.
For my hometown of New York, there is money to reimburse the
protection of Trump Tower, where the President has spent a lot of time
and where the police department has to be picking up the bill. The
Legal Services Corporation, one of our greatest programs, was scheduled
to disappear. This bill does not allow that. Hispanic-serving
institutions at the National Science Foundation are still alive and
doing well. This bill allows for so many different issues in NOAA and
in NASA to continue to grow.
But most of all what this bill does, in my opinion, is prove
something that perhaps--and I'm not being naive here--we can carry
forward. When we set our minds to coming together and when we set our
minds to working as one group of people on behalf of our country, we
can do it.
This bill we will vote on today, I will vote proudly because I know
that we could have made this into another fight. I know for the next
budget we will have differences. But please, my brothers and sisters,
remember we were able to come together. And some on TV tonight will say
that this side sold out or that side sold out. No. Both sides worked
for the American people, and it works well.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 1 minute to the gentleman
from Wisconsin (Mr. Ryan), the Speaker of the House.
(Mr. RYAN of Wisconsin asked and was given permission to revise and
extend his remarks.)
Mr. RYAN of Wisconsin. Mr. Speaker, first of all, I want to thank the
chairman, I want to thank the ranking member, the ranking members, the
chairmen of the subcommittees, and all the staff for their very hard
work in putting this big body of work together.
I urge all of my colleagues to support this package. I want to
explain why. Many of our priorities--not all, but many of our
priorities are advanced in this, and that is because this is a
bipartisan piece of legislation. So each side doesn't get everything
they want, but we are able to come together and find a package that
advances many of our important goals.
For me, I think it is important because it turns the page on the last
administration, on the Obama years. It completes the unfinished
business of the previous administration. Remember, we came to December,
we had a continuing resolution. We are halfway through the fiscal year
now, we have got to do the job of actually getting the government
specifically funded, meeting more of our priorities. This does that.
This marks the beginning of a new era.
No longer will the needs of our military be held hostage by the
demands for more domestic spending. In my mind, that is what is most
important here. Having negotiated a couple of the budget agreements in
the prior administration, this, to me, is paramount and first among all
things.
The rule we lived under under the previous administration basically
says: You want more money for the men and women in the field who are in
our military who need more resources to do their jobs? Okay, but we are
going to need more money for Washington programs; and not just more
money for Washington programs, but the same exact amount of money.
So no matter whether we need more money for our troops--we might need
more ships, more bullets, more gas, and more planes--we had to have the
exact same dollar amount, whether it was needed or not, for domestic
spending.
That is the old formula we had under the prior administration, and
that is not in here. That is really important. I think that is one of
the most important game-changing accomplishments that is in here
because we really believe our military needs help. We believe our
military has been hollowed out in so many areas, and this bill helps
fix this. So that dollar-for-dollar parity rule is a rule no more.
With this bill, we do not have that arbitrary standard--the standard
that has contributed, in my opinion, to hollowing out our military and
declining our readiness. While we have a lot more work to do to fully
rebuild our military, this is a critical first step. With this bill, we
will spend $25 billion more this year than last year on defense so that
we can begin to rebuild our military readiness and our preparedness. We
will do this without a corresponding increase in domestic spending.
That, to me, is a new day under this new administration that we have
with President Trump.
Of course, this legislation also addresses many other priorities for
Republicans and for this administration. For starters, there is a big
and solid down payment on securing our border. In fact, it is the
biggest increase in border security in a decade. Funding for the D.C.
Scholarship Opportunity Program, which reverses the Obama-era crusade
against school choice, that is in here; national resources to fight the
opioid epidemic, which is something that is ravishing communities
across America; no new money for ObamaCare and no bailouts for
insurance companies. This bill protects life.
This bill is a bipartisan compromise, as I mentioned, but it is,
indeed, a good one for conservatives. That is why I urge my colleagues
to support this bill. We all must agree that funding the government at
all like this--and this is the last point I want to make--is not a
process we want to continue. Yes, we are finishing unfinished business
from last year, but let's all work together and endeavor to do these
appropriation bills one at a time. That is the system that we are
supposed to have, and that is the system that I think we all agree--
Republicans and Democrats--that we need to have.
So let's work together to make sure that we don't just do one big
bill, that we do this individually so that individual debate can occur,
so that individual priorities can be met, and so that we can get back
to regular order and we can better guarantee and maintain our Article I
powers as the legislative branch of government exercising the power of
the purse. I challenge every one of us to commit to that process.
In the meantime, let's bank these wins. Let's get this done. Let's
turn this page on this last year, and let's make sure that we give the
troops the support that they so desperately need. With that, I ask
everyone to support this bill.
Mrs. LOWEY. Mr. Speaker, I just want to clarify that Democrats
support a strong military and defense of our country, but we are very
proud of the work that we are doing together in a bipartisan way to
support the National Institutes of Health, afterschool programs, Head
Start, and a full year of Pell grant that will help our young people
get a college education. So I am proud of that work.
Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from Georgia
(Mr. Bishop), who is the ranking member of the Committee on
Agriculture.
Mr. BISHOP of Georgia. Mr. Speaker, I thank the gentlewoman for
yielding.
Mr. Speaker, I rise in support of the omnibus appropriations bill. As
the ranking member on the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Subcommittee, I
would
[[Page H3293]]
like to take a few moments to highlight a few areas in the bill's
agriculture section.
This has been a long time coming, beginning with a markup over 1 year
ago in April 2016. Since then, many things have changed, but what has
remained constant is the desire of the House Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Subcommittee to address the needs of rural America by adequately
funding programs that serve them and the country.
While the total funding level is below 2016 and the House-reported
bill, I believe we used what we had wisely. For example, we secured
increased funding for agriculture research, food and plant health
programs, the Farm Service Agency, and for rural development.
The bill also expands telemedicine, broadband access, and STEM
distance learning, as well as provides $400 million in Community
Development Block Grant funding for disaster assistance.
In rural development, which is central to rural communities and the
economies vital for producing America's food and fiber products, the
bill provides $37 billion in direct and guaranteed loans to support
clean water, decent housing, telecommunications, electric services, and
rural businesses, which is more than we provided last year.
On the grant side, water and waste grants are more than 10 percent
higher than the President's budget request, broadband grants are more
than three times higher than 2016, and community facility grants are 25
percent higher than the 2016 request and what was appropriated.
All the domestic nutrition programs, Mr. Speaker, are funded at
levels that will fully meet estimated needs for the rest of the fiscal
year. FDA is funded above both FY16 and FY17 requests.
{time} 1500
However, for the third consecutive year, I am disappointed that
Congress continued to keep the Commodity Futures Trading Commission at
$250 million, making it increasingly difficult for the CFTC to carry
out its core mission as well as its responsibilities under Dodd-Frank.
I am very disappointed the omnibus does not include carefully crafted
cottonseed legislation to assist American cotton producers. I am
looking forward to beginning FY 2018 reviews and farm bill negotiations
to close the remaining gaps left with the FY 2017 omnibus.
Despite those concerns, I think this is a good bill. As a proud
Representative of the largest cotton-producing district in the State of
Georgia and the number one peanut- and pecan-producing district in the
country, I urge my colleagues to support it so that we can get started
on FY 2018 work and complete it in a timely manner for the benefit of
our fellow Americans.
I want to thank the ranking member, chairman, and the majority and
minority staffs for their bipartisan, hard work in getting this bill to
the floor, along with my personal staff, particularly Ms. Ada Bacetty,
who worked so hard.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 2 minutes to the gentleman
from Idaho (Mr. Simpson), chairman of the Energy and Water Development,
and Related Agencies Subcommittee.
Mr. SIMPSON. Mr. Speaker, I first want to thank the ranking member
and the chairman of the full committee for their hard work on this
bill. Most people don't realize how hard the work is. I thank the
ranking member, Ms. Kaptur, for her hard work and committed efforts
throughout these many months spent on drafting this bill, and also our
Senate partners, Lamar Alexander and Dianne Feinstein. I want to thank
the majority and minority staff for the incredible work and long hours
that they spent in preparing this bill.
The Energy and Water section of this bill strengthens our Nation's
defense, makes important investments in our Nation's water
infrastructure, and advances an all-of-the-above energy strategy to
ensure America's energy independence.
Weapons Activities, which provides funding to maintain the safety,
security, and readiness of the Nation's nuclear weapons stockpile, is
$471 million more than last year. Within that, funding for nuclear
weapons infrastructure is $2.8 billion, an increase of 23 percent, and
will address a backlog of deferred maintenance and high-risk,
deteriorating infrastructure.
The Naval Reactors program, which supports the Navy's nuclear
propulsion program, is increased by $45 million over last year. This
fully funds the replacement of the Ohio class ballistic missile
submarine.
The Army Corps of Engineers, which manages critical infrastructure
projects supporting the health of our Nation's water resources, is
increased by $49 million over the fiscal year 2016 levels. The bill
makes full use of estimated annual revenues in the Inland Waterways
Trust Fund and includes $1.3 billion for harbor maintenance trust fund
activities, hitting the WRDA 2016 adjusted annual target.
Flood and storm damage reduction activities are provided with $29
million more than last year to mitigate damage from flooding events.
The bill capitalizes on America's abundant natural resources to
ensure a balanced, all-of-the-above energy policy. These investments
will improve our energy independence and keep our consumer prices
affordable for constituents. The bill protects these investments by
including $24 million more than last year to improve the resiliency and
reliability of the Nation's electric grid against cyber attacks and
extreme weather events.
The bill also helps peel back regulatory red tape, prohibiting
changes to the definition of ``fill material'' and ``discharge of fill
material,'' and also prohibits the regulation of certain agricultural
activities. These are commonsense provisions that were included in this
bill.
In addition to the Energy and Water section, I also would like to
acknowledge some of the important provisions in the Interior section of
this bill.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. I yield the gentleman an additional 15 seconds.
Mr. SIMPSON. The inclusion of language routing the Gateway West
Transmission Line through the Snake River Birds of Prey National
Conservation Area, critical funding provided for wildfire programs in
the Department of the Interior and the Forest Service, and the full
support of the PILT program greatly strengthens this bill.
I thank Chairman Calvert, Ranking Member McCollum, and the staff on
the Interior, Environment, and Related Agencies Subcommittee for the
work they do.
No westerner can hold their head up if they vote against this bill
and the provisions in this bill for the Western States.
Mr. Speaker, I urge my colleagues to support this bill.
Mrs. LOWEY. Mr. Speaker, I yield 4 minutes to the gentleman from
Maryland (Mr. Hoyer), the distinguished minority whip.
Mr. HOYER. Mr. Speaker, I am pleased to rise in support of this
legislation.
I want to thank Mr. Frelinghuysen, Mrs. Lowey, and all the
subcommittee chairs and ranking members for the work that they have
done to get us to this place.
This vote we are about to take represents an example of how Members
of this House can work together to reach a reasonable compromise and
deliver a product that reflects both rationality and reasonableness. It
is clear from recent history that Democratic Members' participation is
absolutely essential if we are going to pass fiscal bills and
appropriations bills. I am glad that the Republican leadership and
negotiators came to that conclusion and worked with us to advance this
omnibus to the floor.
I will support this omnibus funding bill. It is not a perfect bill,
but no bill is a perfect bill. It is, however, a compromise that
includes provisions that Democrats and Republicans want to see passed.
It does not include poison pill riders that would prevent Democratic
support or, frankly, Republican support. It does not fund President
Trump's border wall which, of course, he had promised the American
people they would not pay for.
Furthermore, it includes critical funding for health benefits for
America's coal miners and their families, and it funds Puerto Rico's
Medicaid program.
This omnibus also adds additional funding for the National Institutes
of
[[Page H3294]]
Health, something that all of us ought to support, including former
Vice President Biden's Cancer Moonshot, as well as Pell grants,
disaster relief, international famine aid, and funding to fight opioid
addiction.
It is the product of frank and thorough negotiations conducted by
Ranking Member Nita Lowey and Chairman Rodney Frelinghuysen, both of
whom are positive leaders of the Appropriations Committee and of this
House. I congratulate them and their staffs for their hard work to
reach this funding agreement.
The Congress should not have waited this long to act, Mr. Speaker. It
is now 7 months into the fiscal year. We should not allow this to
happen again. It has happened too often, and it has happened under both
parties, but it is not the way to run the greatest enterprise on Earth:
the Federal Government of the United States of America.
We must get back to dealing with appropriations bills in a timely and
discrete manner, appropriations bill by appropriations bill. It is
important that we segue from these successful negotiations into talks
in the same spirit of compromise to pass appropriations bills through
regular order for fiscal year 2018 before the end of September. We are
very late in doing this process.
I was very much alarmed by President Trump's tweet yesterday
suggesting that he would welcome a government shutdown. It is this kind
of flippant, uninformed, and irresponsible approach, as opposed to what
ought to be a serious, bipartisan process, that puts us again and again
at the eleventh hour, often months past the original deadline, trying
to keep the government open.
We ought to do better. We must do better. I hope the bipartisan
process that brought us to this omnibus bill will show us that we can
do better.
In that context, I want to again thank Mr. Frelinghuysen, with whom I
have served for a long period of time both on the committee and as a
colleague in the House of Representatives. I want to thank Mrs. Lowey,
with whom I served for 23 years on the Appropriations Committee and
with whom I have served in my capacity as leader and herself as a
leader on the Appropriations Committee.
This represents, today, what the Congress ought to be, how it ought
to work, and what the American people expect. As we vote today on this
bill, let us say to ourselves: let us continue this kind of
cooperative, positive, constructive work.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 2 minutes to the gentleman
from Alabama (Mr. Aderholt), chairman of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Subcommittee.
Mr. ADERHOLT. Mr. Speaker, I want to thank the chairman and the
ranking member and all of my colleagues who have worked so hard on this
bill over the last several months. These appropriations bills are
taking a long time to get through the process. A lot of times, we don't
realize all the hard work. So I want to thank all of my colleagues for
their work and all the staff that have had great input into it.
I want to echo what a lot of my other colleagues have said about this
bill. As chairman of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Subcommittee, I understand that,
while the bill is not perfect--and, as has just been mentioned, no bill
that we vote on is perfect--there are significant wins for agriculture,
the food sector, and for rural America.
I wish that we had been able to include relief for the cotton
growers. Also, regulatory relief for harm reduction products related to
tobacco.
Members from rural districts with agriculture constituents like I
have in Alabama can be very proud of the bill's accomplishments for
rural America. It provides necessary relief for American farmers and
ranchers who are experiencing a 50 percent reduction in income from 4
years ago.
We have been able to provide targeted increases for a few high-
priority programs. The bill directs funding for rural communities,
bolsters U.S. agriculture, maintains food and drug safety, ensures
sound markets, and provides nutrition for children, families, and
seniors at home and abroad.
There is increased oversight of nutrition programs, and there are
provisions to prevent waste, fraud, and abuse, including closing a
loophole to prevent fraudulent SNAP participation in multiple States.
The bill also includes a prohibition on gene editing of human
embryos. This is a tremendous victory for those who are concerned about
life.
In this bill, we stop additional Obama administration school meal
regulations from being implemented by keeping the school meal sodium
standards at the current target 1 level, we continue to have the whole
grain waiver for schools that are having difficulty meeting that
standard, and we allow flexibility in schools in serving low-fat
flavored milk to students.
Furthermore, this is exactly what the new Secretary of Agriculture,
Sonny Perdue, announced USDA will be implementing for the 2017-2018
school year.
The agriculture portion of this bill also contains important
provisions that further the President's Buy American, Hire American
initiatives. If we are to build infrastructure in America, then we need
to spend dollars that support jobs right here in America instead of
utilizing iron and steel made in Russia and China.
I am happy to support this bill, understanding that we have an
opportunity in FY 2018 to craft bills that will be more fiscally and
socially conservative. I look forward to working with the chairman and
my colleagues as we go forward.
Mrs. LOWEY. Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman
from Minnesota (Ms. McCollum), the distinguished ranking member of the
Interior, Environment, and Related Agencies Subcommittee.
Ms. McCOLLUM. Mr. Speaker, I rise today in support of this bipartisan
compromise to fund our Federal Government for the remainder of the
year.
It is frustrating that the Trump administration inserted itself into
our congressional funding negotiations last year, which unnecessarily
delayed this bill for 7 months. The delay created uncertainty and
instability for local governments, schools, businesses, and the
families we represent. Nevertheless, this final funding package we have
under consideration today is a win for Minnesotans and Americans.
Democrats stood strong and united. That is why this bill does not
include any funding for President Trump's wasteful border wall, which
he wanted to pay for with cuts to our priorities here at home.
As the ranking member of the Interior, Environment, and Related
Agencies Appropriations Subcommittee, I am proud that we removed more
than 75 poison pill riders from our part of the bill. These destructive
policies would have delisted endangered species, rolled back
environmental protections, and chipped away at our public lands.
In addition to removing these harmful Republican riders, Democrats
also succeeded in holding off many devastating cuts proposed by the
Trump administration. We protected the EPA from steep cuts to its work
to protect the air we breathe and the water we drink. We fully funded
the Great Lakes Restoration Initiative to keep our lakes and
communities that rely on them healthy. We increased funding for the
National Endowments for the Arts and the Humanities, which enrich the
quality of life across this Nation.
This final, bipartisan agreement will protect our environment, meet
our trust and treaty obligations to Native Americans, and safeguard our
natural and cultural heritage. Sadly, the President's 2018 budget would
undo all this work, so we must stay vigilant.
{time} 1515
I would like to take the opportunity to thank the chairman of the
full committee as well as the ranking member, Mrs. Lowey. I would also
like to give a special thank-you to the chairman of the subcommittee,
Ken Calvert, and to all of our staff, both Republican and Democrat, on
both sides who worked so hard to make this bill possible, along with my
personal staff.
Mr. Speaker, I encourage an ``aye'' vote on this bill.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 2 minutes to the gentleman
from Texas (Mr. Culberson), the chair of the Subcommittee on Commerce,
Justice, Science, and Related Agencies.
Mr. CULBERSON. Mr. Speaker, the reason you can't buy a house or a
business with a 1- or 2-page contract is all
[[Page H3295]]
the detail in that big, thick stack of documents ensures that both
parties are going to perform and do exactly as promised in the
contract. The same is true of this appropriations bill. The Founders
understood the power of the purse was the most important and powerful
check and balance in the Constitution.
I am proud to support this legislation because the detail in this
bill will help ensure that the agencies that are responsible for
spending our taxpayers' hard-earned and very precious tax dollars have
to perform according to the detail in this bill.
My portion of the bill--the Commerce, Justice, Science portion--is
responsible for funding our Nation's law enforcement officers. Now that
we have a President who will enforce the law, we ensure that our men
and women in uniform who protect us have the resources they need in
this bill. We funded the FBI with an additional $277 million to help
those men and women fight terrorism, espionage, and cybercrime. The
DEA, the Marshals Service, and the U.S. Attorneys all get increases to
ensure our communities are made safer by combating gangs, drug
trafficking, and violent crime. We make sure in this bill to fully fund
opioid abuse programs to reduce this terrible plague that is now
sweeping across our Nation.
We also in the Commerce, Justice, Science bill are responsible for
funding the National Science Foundation, which we protected and made
sure that the scientific community has the money they need to continue
to do their great work.
I also, as a Houstonian and a Texan, take special pride in the
funding that we have given to NASA to make sure that NASA will be
restored to the glory days of Apollo with a funding total of $19.7
billion, and put them on a 50-year path to discover life in another
world, the oceans of Europa, to look for that nearest Earthlike planet
around the nearest star, develop an interstellar rocket propulsion
system to go to at least 10 percent of the speed of light and to launch
no later than 2069, the 100th anniversary of Neil Armstrong setting
foot on the Moon. We have directed NASA to launch the first
interstellar mission to that nearest Earthlike planet.
To pay for these increases, we are freezing 29 programs and cutting
about 15 others to make sure that these are paid for.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield an additional 10 seconds to
the gentleman from Texas.
Mr. CULBERSON. This bill protects our Second Amendment rights and
contains pro-life protections that we have had in previous legislation.
This is a good bill, Mr. Speaker. I urge all Members to support it.
Mrs. LOWEY. Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman
from Connecticut (Ms. DeLauro), my friend with whom I have served on
the Committee on Appropriations forever, the ranking member of the
Subcommittee on Labor, Health and Human Services, Education, and
Related Agencies.
Ms. DeLAURO. Mr. Speaker, the omnibus funding bill for 2017 makes
important investments in health, education, and jobs programs, and
rejects many of the damaging ideological riders that marked an earlier
version of the Committee on Appropriations this year.
At a time when the administration is seeking massive cuts to programs
that affect people's lives, this bill is more than respectable. It is a
success. In fact, in some cases, we were able to increase funding. The
bill provides an additional $2 billion for the National Institutes of
Health. It ensures that critical lifesaving research can continue at
our Nation's top research institution. Given that President Trump wants
to cut in the 2018 budget $6 billion, and he wanted an additional $1.2
billion from 2017, this is a victory.
The bill finally restores year-round Pell eligibility, which helps to
make college more affordable for hardworking students. Nontraditional
students are most in need of this flexibility offered by year-round
Pell. It helps them to graduate on time and with less debt.
There is an additional $3 million for senior nutrition programs and
Meals on Wheels, extending our commitment to the health and the safety
of our seniors. It invests in programs that help people to get the
skills they need to earn higher wages and better jobs, including an
increase of $15 million for Job Corps, $5 million for apprenticeships.
I believe we ought to have more funding for apprenticeships.
There are no more investments as important as the ones we make for
our children. This bill provides an additional $25 million for
afterschool programs; $100 million for title I; $90 million for special
education State grants; $95 million increase for the Child Care and
Development Block Grant, desperately needed aid to working parents for
safe and reliable child care; $85 million for Head Start and makes an
early investment in the long-term health of our Nation's children.
This is the direction we should be moving: increasing funding for the
priorities that touch people's lives. This omnibus ignores shortsighted
cuts that have been proposed by the Trump administration and, instead,
makes important investments in health, in education, and in jobs
programs. I urge my colleagues to vote for it.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 2 minutes to the gentleman
from Texas (Mr. Carter), the chairman of the Subcommittee on Homeland
Security of the Committee on Appropriations.
Mr. CARTER of Texas. Mr. Speaker, I rise in support of this
legislation. The Homeland Security division of this bill contains $42.4
billion to fund the Department of Homeland Security. This amount
includes $1.5 billion in additional funding as proposed by the
President in his budget amendment. That is the largest boost to border
security funding in nearly a decade. This bill is a sizable down
payment on our promise to secure our borders, enforce our immigration
laws, and keep our citizens safe.
This bill includes 39,324 detention beds, an increase of more than
5,000 over the previous number. This additional capacity will allow our
immigration officials to end catch and release once and for all. Forty
miles of upgraded fencing are in this bill. This upgraded barrier will
stem the flow of drugs, smugglers, and illegal immigrants across our
border, and give our Border Patrol agents the time they need to make an
arrest.
Also included is $87 million of enhanced surveillance and radars so
Border Patrol agents can more effectively detect illegal crossings, 26
miles of new road construction, and 758 miles of road improvements. I
hear time and again from our agents on the border that they not only
need to detect illegal crossings, they must reach them to arrest them.
These roads will literally pave the way toward that effort.
Here in Washington, people talk about border security and
immigration. In Texas, we live it every day. We must get this problem
under control. I am confident that with the support of President Trump
and my colleagues in the House and Senate, we will bring sanity and the
rule of law back to our borders. This bill is a vital step. I urge its
passage.
I thank Lucille Roybal-Allard, my ranking member, and both the
majority and minority staffs for their hard work on this bill.
Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentleman from Texas
(Mr. Cuellar), a distinguished member of the Committee on
Appropriations.
Mr. CUELLAR. Mr. Speaker, I rise to thank Chairman Frelinghuysen and
Ranking Member Lowey for their hard work on this good bill.
This bill today is a compromise bill. It is a good bill because this
is the way Congress is supposed to be working. I say it is a good bill
because it provides an increase to the Pell grants, authorizes them in
the summertime, year long. That will be good to get kids into
education. It provides $2 billion to the National Institutes of Health.
It provides a solution to the citrus greening crisis that is impacting
our citrus growers in south Texas and other parts. It provides funding
for 10 additional immigration judges and their support staff to help
cut down the backlog of over half a million cases that we have on top
of the 55 immigration judges we had last year. As Chairman Carter said
a few minutes ago, it adds $1.5 billion to improve the Nation's border
security without funding the medieval wall that we have.
[[Page H3296]]
Again, I thank all of my colleagues for working in a bipartisan way.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 2 minutes to the gentleman
from California (Mr. Calvert), chairman of the Subcommittee on
Interior, Environment, and Related Agencies.
Mr. CALVERT. Mr. Speaker, I rise today in strong support of the 2017
Consolidated Appropriations Act. The Interior division of this omnibus
bill attempts to fairly balance the needs of our subcommittee's many
diverse agencies and programs. It continues the subcommittee's critical
work on addressing wildland fire, domestic energy production, the needs
of our national parks, and meeting the obligations to Native Americans
and Alaskan Natives. I look forward to working with the new leadership
at the Interior Department in the FY 2018 appropriations process.
This bill provides funding for fire suppression at the 10-year
average level. It includes $407 million in the FLAME wildfire
suppression reserve account to help avoid borrowing resources from
other forest programs to put out wildland fire.
This bill provides additional funding for the National Park Service,
including efforts to address the maintenance backlog, the Service's
Centennial, and the Centennial Challenge matching grant program.
The bill makes significant investments in health care, law
enforcement, education programs in Indian Country, honoring the
longstanding commitments to the American Indians and Alaska Natives.
This bill builds on the Trump administration's efforts to promote
domestic energy and mineral development both onshore and offshore.
Before I close, I want to thank our ranking member, Ms. McCollum of
Minnesota. She has been a partner and friend as we worked through our
hearings, wrote the bill, and moved it through the legislative process
to completion.
I also want to thank Chairman Frelinghuysen for his support of the
Interior Subcommittee and his leadership of the full committee. Kudos
to you, Mr. Chairman, for bringing this appropriations process to a
successful conclusion.
Finally, I thank the staff who have worked so hard on this bill. They
include Dave LesStrang, Jason Gray, Darren Benjamin, Betsy Bina, Jackie
Kilroy, and Kristin Richmond; also Ian Foley and Rebecca Keightley in
my office.
Mr. Speaker, the package before us today is the product of many
months of bipartisan negotiations. I urge Members on both sides of the
aisle to support this important legislation.
Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentlewoman from New
York (Ms. Meng), an outstanding new member of our Committee on
Appropriations.
Ms. MENG. Mr. Speaker, I rise today to speak in support of the
legislation before us. Of course, this bill might not look like what it
might if we had written it by our individual selves, but I think it is
a good example of what genuine and honest compromise looks like. I
thank Ranking Member Lowey, Chairman Frelinghuysen, and their
respective staffs for their months of hard work in producing this
omnibus.
Because of their joint efforts, the NIH will receive $2 billion in
increased funding, America's coal miners will continue to receive the
health benefits they have earned, an additional $600 million is
provided to combat the opioid epidemic, needy students will be able to
receive year-round Pell grants, $3.4 billion in LIHEAP funding will be
distributed to our seniors, and $838 million will be made available for
seniors' nutrition programs.
This is what responsible governing looks like. As a member of the
House Committee on Appropriations, I look forward to working together
in this manner in the future.
Thank you again, Ranking Member Lowey and Chairman Frelinghuysen, for
your hard work in crafting this bill. I support it, and I urge my
colleagues to do the same.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 2 minutes to the gentleman
from Florida (Mr. Diaz-Balart), chair of the Subcommittee on
Transportation, Housing and Urban Development, and Related Agencies.
Mr. DIAZ-BALART. Mr. Speaker, before I speak about the specifics of
this portion of the bill, I thank Chairman Frelinghuysen. He has put
countless hours to put this remarkable legislation together. I think he
must be commended. I also thank Ranking Member Lowey as well as the
ranking member of the subcommittee, Mr. Price.
The American people expect us to get our job done, to fulfill our
constitutional responsibility. That is precisely what we are doing
today. The THUD portion of this agreement provides $57.7 billion in
budget authority, which, by the way, is $5.5 billion below the budget
request.
The transportation and housing programs in this bill support critical
infrastructure, technologies, and housing opportunities that make a
positive difference in the day-to-day lives of so many of our
constituents.
This bill makes critical investments in our air traffic control
system to make sure that continues to be the world leader in safety in
the entire world.
{time} 1530
We fund surface transportation investments authorized by the FAST Act
to ensure that we improve and expand highways and bridges that are so
vital to our national economy. And this bill also provides permanent
regulatory relief from two overly burdensome additions to the hours-of-
service restart rule made by the previous administration.
Mr. Speaker, this bill also provides $928 million in disaster
assistance for communities devastated by storms and floods. This
includes recovery assistance to Florida following the impact caused by
Hurricane Matthew last October.
Mr. Speaker, we listened to the members of the committee and to the
Members of Congress, and we did our best to address their highest
priorities, while keeping in mind that our job is to protect the
American taxpayer and cut ineffective, redundant programs. We are proud
of this bill.
I thank the chairman for his hard work.
Mrs. LOWEY. Mr. Speaker, I am delighted to yield 1\1/2\ minutes to
the distinguished gentlewoman from New York (Ms. Velazquez).
Ms. VELAZQUEZ. Mr. Speaker, let me take this opportunity to thank the
gentlewoman from New York for yielding.
Mr. Speaker, I am pleased this legislation contains $295.9 million
for Puerto Rico's Medicaid program, which is running out of resources.
Absent action, hundreds of thousands of our fellow citizens could lose
health care.
Make no mistake, we are in this situation because of years of neglect
from Washington. So, here we are again, fixing a hole created by Puerto
Rico's second class treatment under Medicaid.
The funding in this bill is a first step toward rectifying the
longstanding unequal treatment of Puerto Rico. By the way, Mr. Speaker,
and Mr. President, last time I checked the history books, it was the
U.S. Armed Forces who landed in Puerto Rico in 1898, and invaded Puerto
Rico. So we have a moral obligation toward the people of Puerto Rico,
American citizens.
Now, to the creditors, let me say this, and let me be clear: this
money was not appropriated to line hedge funds' pockets. This money,
and funds that would otherwise go to Puerto Rico's healthcare system,
is for Puerto Ricans.
So I support this funding and look forward to seeking solutions for
the island's long-term growth.
Finally, let me thank Leader Pelosi, Mr. Hoyer, Ranking Member Lowey,
and Minority Leader Schumer for their efforts in securing these funds.
I thank my colleagues.
Mr. FRELINGHUYSEN. Mr. Speaker, I am pleased to yield 1 minute to the
gentleman from Kansas (Mr. Yoder), chairman of the Subcommittee on
Legislative Branch of the Appropriations Committee.
Mr. YODER. Mr. Speaker, I rise today to highlight some of the
important provisions in this bipartisan omnibus legislation.
I want to specifically touch on the needed investments in medical
research, education, and for our soldiers. It matches last year's $2
billion increase in research funding at the National Institutes of
Health, the largest increase since 2003, renewing our commitment to
science with a 13 percent
[[Page H3297]]
increase in research funding over these last 2 years.
It improves access to education by increasing funding for Head Start
programs and restores year-round Pell grants.
It invests $25 billion to rebuild our military for the 21st century
and gives our troops the largest paying raise in 6 years.
Mr. Speaker, as chairman of the Legislative Branch Subcommittee, I am
proud that our bill continues 13 percent reductions in spending on
Congress since Republicans took control of the House of Representatives
in 2011 and denies a pay increase for Members of Congress, showing the
American people we are leading by example when it comes to fiscal
responsibility.
I urge my colleagues to support this legislation.
Mrs. LOWEY. Mr. Speaker, I am delighted to yield 1 minute to the
distinguished gentlewoman from California (Ms. Pelosi), the minority
leader.
Ms. PELOSI. Mr. Speaker, I thank our distinguished ranking member for
her recognition and her leadership on this legislation that we have the
opportunity to vote on. So I thank Ranking Member Nita Lowey.
I thank the distinguished gentleman from New Jersey, Chairman
Frelinghuysen, for his leadership as well. And I commend his staff,
Nancy Fox, and others for their hard work on this; and to Ranking
Member Lowey, Shalanda Young, Chris Bigelow, my own staff Richard
Meltzer, and House and Senate staff members for getting us to this very
important place.
The omnibus reflects significant progress defeating some dangerous
riders, which I think are dangerous, and securing key victories.
Here is the thing: I spent many years in the Appropriations
Committee. And I know, left to your own devices, the Appropriations
Committee can find your common ground. You appreciate each other, you
grant each other your positions on issues, and you understand the art
of negotiating in a successful way.
There were some items that were suggested other than from the
committee. From the White House, for example, a border wall,
deportation force, things like that, 160 poison pills, which were
ranging from undermining a woman's right to choose to dismantling Dodd-
Frank, et cetera. But you all worked together to balance the equities
and come up with a bill that will have, I believe, broad support in the
Congress, certainly bipartisan support in the Congress.
But just not to speak about what we didn't like about the bill, there
are some very positive aspects of it that I want to recognize--some
nondefense increases in spending, which will save lives and create
jobs.
Coal miners' health. We were so proud to secure more than $1 billion
to deliver permanent health benefits to thousands of coal miners and
their families who stood to lose their health benefits this month. God
bless them for their advocacy. It was so important to our discussion.
Opioid epidemic. An additional $600 million for fighting the opioid
epidemic.
Protecting EPA. There was going to be a huge cut, and now just a 1
percent cut in the EPA. We see that as a success.
Year-round Pell grants. So important.
Science funding. The omnibus increases funding for energy efficiency
and renewable energy, the Department of Energy Office of Science, and
ARPA-E, all initiatives that some wanted to cut but were happy had
survived that interest in cutting.
Our colleague, Congresswoman Velazquez, has led us on the Puerto Rico
issue. The omnibus includes vital funds to stabilize Puerto Rico's
underfunded Medicaid program, which threatened so many of our fellow
Americans in Puerto Rico.
Democrats are very happy and give credit to, in a bipartisan way, led
by Congresswoman Barbara Lee, securing nearly $1 billion in
humanitarian assistance to alleviate famine resulting from more drought
and displacement in Africa and the Middle East, saving countless lives
around the world. Left without assistance, maybe 1.5 million children
would die of malnutrition in the next 6 months in Africa.
And then it takes us to biomedical research. I served with Mrs. Lowey
and others on the Labor-HHS Appropriations Subcommittee for many years.
And the National Institutes of Health is this place that has the
Biblical power to cure. It has scientific opportunity. And where there
is scientific opportunity, we want to place additional resources. Lives
depend on it.
So in stark contrast to the skinny budget that came out earlier, this
legislation increases funding for the National Institutes of Health by
$2 billion. And I want to say on that, as we relish that $2 billion and
what it could mean to the good health of the American people, we have
to protect our investments.
As we invest in new treatments and cures, we must also ensure that
all Americans have access to them. That is why it is curious to me that
on the same day that we vote on this omnibus bill and increase funding
for the National Institutes of Health, increase funding for our
veterans, and all the rest of that, Republicans are working furiously
to advance TrumpCare's devastating impact on America's health care. No
matter what anybody says to you about activities they are having today
to tweak one piece of the bill, it will still be a bill that has higher
costs, forcing families to pay higher premiums and deductibles and out-
of-pocket costs. This will block some people from access to the
lifesaving cures that we are investing in the National Institutes of
Health to create.
Less coverage will take coverage from 24 million hardworking
Americans.
Higher costs.
Fewer people covered.
Veterans tax. TrumpCare will deny tax credits for health care to 7
million military veterans.
TrumpCare destroys protections for preexisting conditions. So many of
the investments at the National Institutes of Health that we are
talking about are to find cures and to find preventions. But when we
are trying to find cures, that means that the people we are trying to
cure have a preexisting medical condition. This would destroy the
guarantee protection for a preexisting medical condition and gut the
essential health benefits in the Affordable Care Act.
There is a crushing age tax. If you are 50 to 64, you will pay five
times higher than others pay for health care.
It undermines our investments in Medicare.
So I mention this because I have always thought, when I sat on that
committee year in and year out, day in and day out, hour on hour,
listening to the challenges facing America's families for illnesses
that they were suffering, a diagnosis that they were frightened by,
that what they wanted us to do was to invest in a cure, but that meant
access to that cure.
So they are trying to say: Well, we are going to help with high-risk
pools, and that is going to neutralize everything I said about higher
costs, lower coverage, et cetera. But the conservative Mercatus Center
said: ``The amendment at hand focuses on high-risk pools, but the $8
billion amount is a pittance.''
And said: ``Spread over 5 years, it's a fifth of a pittance.''
That was Robert Graboyes, a healthcare expert at the conservative
Mercatus Center.
Karen Pollitz, a healthcare expert at the Kaiser Family Foundation,
said that the additional $8 billion would likely not be enough to make
the high-risk pools workable. She said that would be enough money to
cover costs for only 1 percent of the individual market.
So, again, let us protect the investment that we are making. Let us
elevate it with pride and say $2 billion for the National Institutes of
Health.
But what does that mean to you, the average American, if you can't
have access to that in a way that is affordable?
Again, 51 years ago, Dr. King said, and I say again, because I say
this all of the time: ``Of all the forms of inequality, injustice in
health is the most shocking and the most inhuman because it often
results in physical death.''
So, again, this appropriations bill is a way for us to help meet the
needs of the American people. This Appropriations Committee did an
excellent job in resolving differences and putting forth a balance of
equities as we go forward.
[[Page H3298]]
But let us not give with one hand and take away with the other as we,
in the same 24-hour period, say: Aren't we wonderful. $2 billion for
medical research.
Under the Republican's healthcare plan, it will most likely benefit
the privileged few at the expense of America's working families.
That is not what we are supposed to be doing here. That is what we
are taking pride in. What we are taking pride in is of the great
possibilities, but let's make those possibilities available.
And I say that as one who served for many years on the Appropriations
Committee, one whose goal in life was to sit on the Labor-HHS
Subcommittee and to increase the funding of the National Institutes of
Health, but to do it for the purpose of all Americans having access.
Having said that, getting back to this omnibus bill, again, I am very
proud of the work of Nita Lowey, of the ranking members of the
subcommittees, and of the staff who worked so hard. I am especially
proud of the work, also, of our distinguished chairman, Mr.
Frelinghuysen. I join him in recognizing the work of his subcommittee
chairs on all of this. It is a product to be proud of. I thank Mr.
Frelinghuysen and Mrs. Lowey.
I urge a ``yes'' vote.
{time} 1545
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 1 minute to the gentlewoman
from Puerto Rico (Miss Gonzalez-Colon).
Miss GONZALEZ-COLON of Puerto Rico. Mr. Speaker, as a fiscal
conservative, let me set the record straight. This bill's recognized
$296 million of Medicaid funding is just a bridge, half of the bridge.
This legislation simply reprograms this funding to partially address
the impending Medicaid cliff in Puerto Rico.
This allocation does not constitute new money for the island. There
should be no mistake about the territories' Medicaid program, which
historically has been underfunded and treated differently from the
States. This cliff is the result of ObamaCare.
Congress should understand that that failure to address this issue
will provoke a complete collapse of Puerto Rico's healthcare delivery
system and make worse the already ongoing mass exodus from the island
to the mainland States, such as Florida and North Carolina.
Over 1.4 million United States American citizens in Puerto Rico
receive health services through the Medicaid program at a per member,
per year rate of $167 versus $500 to $600 in the 50 States.
It is quite a difference. I want to recognize and thank Speaker Paul
Ryan, Chairman Frelinghuysen, Chairman Cole, Members of this House, and
all of my colleagues for supporting this bill.
Mrs. LOWEY. Mr. Speaker, I thank Chairman Frelinghuysen for his
efforts to bring an omnibus to the floor. He came into the chairmanship
having to finish FY17 and must quickly pivot to FY18. This is a package
that Members of both parties can support. It came through bipartisan
and bicameral negotiations and offers compromises for both parties.
This kind of cooperation best serves the American people. I thank the
chairs and ranking members of the subcommittees who did most of the
heavy lifting to produce this bill, and I again thank the committee and
personal staff on both sides of the aisle for their hard work. It shows
we can do our basic job keeping the government open without the threat
of a shutdown.
Mr. Speaker, I yield the balance of my time to the gentleman from New
Jersey (Mr. Frelinghuysen), the distinguished chairman.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield myself the balance of my
time. I thank the gentlewoman and my ranking counterpart, Mrs. Lowey,
for that kindness, and may I associate with her our remarks, pay
tribute to her leadership, the wonderful work of the staff that she has
behind her and that I have behind me. I think the debate and the
comments have been positive today.
The men and women of the greatest military in the world, the United
States Armed Forces, are waiting for our support today with the passage
of this package, this appropriations bill. Please don't let them down.
Please support this bill, which provides for our national and economic
security and takes us out from a very damaging and restrictive
continuing resolution.
Today is a vote to keep the government open and get back to our
appropriations process, which is our responsibility under the
Constitution, the power of the purse. Let's take it and use it wisely.
Mr. Speaker, I yield back the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield back the balance of my time.
Mr. NUNES. Mr. Speaker, pursuant to Section 3 of House Resolution
305, I am submitting the following explanatory material to accompany
Division N--Intelligence Authorization Act for Fiscal Year 2017--of
H.R. 244, Consolidated Appropriations Act, 2017.
DIVISION N--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017
The following is the explanation of the Intelligence
Authorization Act for Fiscal Year 2017.
This explanation reflects the status of negotiations and
disposition of issues reached between the House Permanent
Select Committee on Intelligence and the Senate Select
Committee on Intelligence (hereinafter, ``the Agreement'').
The explanation shall have the same effect with respect to
the implementation of this Act as if it were a joint
explanatory statement of a conference committee.
The explanation comprises three parts: an overview of the
application of the annex to accompany this statement;
unclassified congressional direction; and a section-by-
section analysis of the legislative text.
Part I: Application of the Classified Annex
The classified nature of U.S. intelligence activities
prevents the congressional intelligence committees from
publicly disclosing many details concerning the conclusions
and recommendations of the Agreement. Therefore, a classified
Schedule of Authorizations and a classified annex have been
prepared to describe in detail the scope and intent of the
congressional intelligence committees' actions. The Agreement
authorizes the Intelligence Community (IC) to obligate and
expend funds not altered or modified by the classified
Schedule of Authorizations as requested in the President's
budget, subject to modification under applicable
reprogramming procedures.
The classified annex is the result of negotiations between
the House Permanent Select Committee on Intelligence and the
Senate Select Committee on Intelligence. It reconciles the
differences between the committees' respective versions of
the bill for the National Intelligence Program (NIP) and the
Homeland Security Intelligence Program (HSIP) for Fiscal Year
2017. The Agreement also makes recommendations for the
Military Intelligence Program (MIP), and the Information
Systems Security Program (ISSP), consistent with the National
Defense Authorization Act for Fiscal Year 2017, and provides
certain direction for these two programs.
The Agreement supersedes the classified annexes to the
reports accompanying: H.R. 5077, as passed by the House on
May 24, 2016; H.R. 6393, as passed by the House on November
20, 2016; H.R. 6480, as passed by the House on December 8,
2016; S. 3017, as reported by the Senate Select Committee on
Intelligence on June 6, 2016; and S. 133, as reported by the
Senate Select Committee on Intelligence on January 20, 2017.
All references to the House-passed and Senate-reported
annexes are solely to identify the heritage of specific
provisions.
The classified Schedule of Authorizations is incorporated
into the bill pursuant to Section 102. It has the status of
law. The classified annex supplements and adds detail to
clarify the authorization levels found in the bill and the
classified Schedule of Authorizations. The classified annex
shall have the same legal force as the report to accompany
the bill.
Part II: Select Unclassified Congressional Direction
Managing intelligence community personnel
This Agreement by the congressional intelligence committees
accepts the Senate's recommendations that IC elements should
build, develop, and maintain a workforce appropriately
balanced among its civilian, military and contractor
workforce sectors to meet the missions assigned to it in law
and by the president. The Agreement recognizes that the size
and shape of the IC's multi-sector workforce should be based
on mission needs, and encourages the IC to adjust its
reliance on contractors when appropriate, both as a matter of
general policy and as a way to conserve resources. The
flexibility afforded in this provision should support this
position. In addition, section 103 provides an increase in
the number of civilian personnel authorized in the Schedule
of Authorizations for the purposes of such contractor
conversions in the interim for the remainder of fiscal year
2017. Nothing precludes the Congress from addressing the end
strength for any element or office of the IC in the annual
authorization bills.
Therefore, the committees direct that the ODNI provide the
congressional intelligence committees briefings on the
workforce initiative as directed in section 306, beginning
July 1, 2017, and each 120 days thereafter until July 1,
2018, with benchmarks and milestones, for IC elements to
manage a multi-sector workforce without personnel ceilings
[[Page H3299]]
starting in fiscal year 2019. The ODNI, in coordination with
the IC elements, shall establish a common methodology for
collecting and reporting data, and include new exhibits in
the annual congressional budget justification books that
display full-time equivalents (government civilians, core
contractors, non-core contractors, and military personnel),
by program, expenditure center and project.
In the absence of authorized position ceiling levels,
agencies will be bound to authorized and appropriated
personal services funding levels.
Further, the transfer of non-personal services funding in
below-threshold reprogramming is a concern to the committees.
Therefore, the committees direct agencies to provide a
written notification to the committees of any realignment
and/or reprogramming of funding between personal services and
non-personal services.
Commercial Geospatial Intelligence Strategy
The congressional intelligence committees applaud the
National Geospatial-Intelligence Agency (NGA) for issuing its
October 2015 Commercial Geospatial Intelligence (GEOINT)
Strategy, which states a goal of fostering a ``more diverse,
resilient, agile, and responsive GEOINT program that provides
seamless user access to the best mix of commercial GEOINT . .
. to fulfill National System for Geospatial-Intelligence
(NSG) and Allied System for Geospatial-Intelligence (ASG)
mission needs.'' The committees also find merit in the NGA's
``GEOINT Pathfinder'' project, which seeks to maximize the
use of unclassified and commercially available data sources
that can be easily and rapidly shared with a variety of
military, United States and allied government, and non-
government customers, and supports the project's continuation
and expansion.
The committees further commend the NGA for pursuing new
methods of intelligence collection and analysis to inform,
complement, and add to its support of warfighter requirements
by looking to emerging commercial technology providers,
including small satellite companies, which hold the promise
of rapid technological innovation and potentially significant
future cost savings to the U.S. taxpayer. The committees
further encourage the Director of the NGA to ensure
sufficient funding is available to acquire new, unclassified
sources, including commercial satellite imagery providing
unprecedented global persistence, as well as products and
services that provide information and context about changes
relevant to geospatial intelligence. The committees also
encourage the NGA to pursue new business models, including
commercial acquisition practices, to enable the NGA's access
to data, products, and services in ways consistent with best
commercial practices.
The committees fully support the NGA's course of action in
partnering with the commercial GEOINT industry to meet future
warfighter intelligence requirements, while recognizing the
need to take appropriate steps to protect national security,
and encourage the Director of the NGA and the Under Secretary
of Defense for Intelligence to keep the committees informed
of their progress in implementing this strategy. Therefore,
this Agreement directs the Department of Defense (DoD), in
building future-year budgets, to ensure continued funding is
provided for implementation, through at least Fiscal Year
2021, of the Commercial Geospatial Intelligence Strategy
issued by the NGA in October 2015.
Space Launch Facilities
The congressional intelligence committees continue to
believe it is critical to preserve a variety of launch range
capabilities to support national security space missions.
Spaceports or launch and range complexes may provide
capabilities to reach mid-to-low or polar-to-high inclination
orbits. The committees believe an important component of this
effort may be state-owned and operated spaceports that are
commercially licensed by the Federal Aviation Administration,
which leverage non-federal public and private investments to
bolster U.S. launch capabilities. Additionally, the
committees believe that these facilities may be able to
provide additional flexibility and resilience to the Nation's
launch infrastructure, especially as the nation considers
concepts such as the reconstitution of satellites to address
the growing foreign counterspace threat. The committees note
recent testimony by the Chief of Staff of the U.S. Air Force,
General Mark Welsh, who stated,
As we look at this space enterprise and how we do it
differently in the future, as we look more at disaggregation,
microsats, cube sats, small sats, things that don't have to
go from a large launch complex all the time, I think
proliferating launch complexes is probably going to be a
natural outshoot of this. I think it's commercially viable,
it may be a way for companies to get into the launch business
who could not afford to get into it or don't see a future in
it and for large national security space launches, but I
think this has got to be part of the strategy that this whole
national team puts together as we look to the future.
Therefore, the Agreement directs the IC, in partnership
with the U.S. Air Force, to consider the role and
contribution of spaceports or launch and range complexes to
our national security space launch capacity, and directs the
Office of the Director of National Intelligence, in
consultation with the Department of Defense and the U.S. Air
Force, to brief the congressional intelligence committees on
their plans to utilize such facilities within 90 days of
enactment of this Act.
National Reconnaissance Office Workforce Optimization
Strategy
The congressional intelligence committees have had
longstanding interest in, and support for, a permanent
government cadre to provide the National Reconnaissance
Office (NRO) with a stable, expert acquisition workforce. The
committees applaud the substantial progress that the NRO has
made in the past year in this regard. The committees have
parallel interests in providing the IC with flexibility to
manage a multi-sector workforce and in continuing the
reduction in the reliance on contractors.
Therefore, the Agreement directs the NRO to conduct a
workforce review to optimize the mix between government
civilians and contractors and report to the committees with a
strategy within 90 days of enactment of this Act.
Guidance and reporting requirement regarding interactions
between the intelligence community and entertainment
industry.
The congressional intelligence committees believe that
there are important, valid reasons for elements of the IC to
engage with the entertainment industry, among other things to
ensure the correction of inaccuracies, demonstrate the IC's
commitment to transparency, and to ensure that the IC
recruits and retains highly qualified personnel to the
fullest extent possible. The committees further believe that
IC engagement with the entertainment industry should be
conducted in the most cost effective and deliberate fashion
possible, while ensuring that classified information is
protected from unauthorized disclosure.
These engagements--some of which have been described in
partially-declassified inspector general reports--cost
taxpayer dollars, raise potential ethics concerns, increase
the risk of disclosure of classified information, and consume
the time and attention of IC personnel responsible for United
States national security. Neither the production of
entertainment nor the self-promotion of IC entities are
legitimate purposes for these engagements.
Review of the National Intelligence University
The National Intelligence University (NIU) has made
significant progress in recent years in its transition from a
defense intelligence college to a national intelligence
university that provides advanced education in a classified
format. Such advanced education is integral to making
intelligence a profession with recognized standards for
performance and ethics and fostering an integrated IC
workforce. While progress has been significant since the
Director of National Intelligence (DNI) and Secretary of
Defense agreed to redesignate Defense Intelligence Agency's
(DIA) National Defense Intelligence College as NIU in 2011,
the institution must continue to adapt to functioning as a
university with a robust research agenda, and to serving the
entire IC, not just elements of DoD.
Fiscal years 2017 and 2018 are of great significance for
NIU, as it moves its principal facility to the IC Campus at
Bethesda, completes activities associated with its 2018
decennial regional accreditation reaffirmation, and receives
a new president. The congressional intelligence committees
believe that these developments position NIU to make further
progress in its vision to become the center of academic life
for the IC.
To guide these next steps, the Agreement directs DIA, in
coordination with ODNI and the Office of the Under Secretary
of Defense for Intelligence, to, no later than 30 days after
enactment of this Act, select a five member, external, and
independent panel to conduct a review of NIU. The panel shall
submit a report detailing the results of such review to the
congressional intelligence and defense committees within 180
days of enactment of this Act. The panel should be composed
of recognized academics, personnel from other DoD joint
professional military education institutions, national
security experts, and at least one member of NIU's Board of
Visitors.
This review and the resulting report shall, among other
things, assess:
(1) Methods for ensuring a student body that is more
representative of all IC elements;
(2) Incentives for IC elements to send personnel to NIU to
earn a degree or certificate, to include designating
attendance at NIU as positions reimbursable by ODNI and
requiring IC elements to employ the workforce concept of
``float'' for personnel enrolled in higher-education
programs;
(3) How certificate programs align with NIU's unique value
as an institution of advanced intelligence education;
(4) Methods to enhance NIU's research program, to include
publication of a journal, hosting of conferences and other
collaborative fora, and more formalized relationships with
intelligence studies scholars;
(5) Whether and how educational components of other IC
elements could provide educational offerings as part of the
NIU curriculum;
(6) Potential advantages and risks associated with
alternative governance models for NIU, to include moving it
under the auspices of ODNI; and
(7) The feasibility and resource constraints of NIU
tailoring degree offerings to meet the needs of IC personnel
at different stages in their careers, similar to DoD's joint
professional military education model.
[[Page H3300]]
Cost of living consideration
The congressional intelligence committees are concerned
with the high cost of living for military, civilian, and
contractor personnel at overseas Combatant Command
intelligence centers. Although the committees recognize the
benefits of co-locating intelligence analysts with the
operational commander, the intelligence centers for both U.S.
European Command (USEUCOM) and U.S Africa Command (USAFRICOM)
are located over 600 miles from their Combatant Command
headquarters. Combatant Commanders based in the United States
regularly communicate with forward deployed units, and the
USEUCOM and USAFRICOM intelligence centers have developed
mechanisms to effectively employ various teleconferencing and
virtual communication tools to ensure collaboration across
large distances.
The congressional intelligence committees are concerned
that despite the utility of these virtual collaboration
tools, DoD has not taken action to reduce the number of
intelligence personnel stationed in high cost of living
areas. These costs can exceed $65,000 per person, per year in
annual cost of living allowances compared to the continental
United States (CONUS) expenses. The additional costs
associated with stationing intelligence personnel in high-
cost overseas locations detract from other critical
intelligence priorities. The committees are further concerned
that DoD does not adequately account for the long-run expense
of high costs of living when selecting locations for
intelligence facilities.
Therefore, the Agreement directs the DIA to evaluate
alternate mechanisms for staffing overseas Combatant Command
intelligence centers, particularly those that are not co-
located with Combatant Command headquarters, and to identify
cost-savings opportunities by shifting personnel to lower
cost locations, including in the continental United States.
Defense Intelligence Agency education opportunities
DIA presently allows DIA employees to receive pay for a
single year only while attending certain graduate degree
programs on a full-time basis. Employees may pursue such
opportunities at the National Intelligence University and
similar institutions; and, in certain circumstances, also at
public and private civilian universities. However, the one-
year limit discourages DIA personnel from pursuing multi-year
graduate degree programs. Expanding DIA's program to allow
highly qualified DIA employees to pursue multi-year graduate
degree programs from accredited civilian universities would
further improve retention, recruitment, and foster diversity
of thought at DIA.
Therefore, the Agreement directs DIA, no later than 180
days after the enactment of this Act, to:
(1) Provide for and fund a program that allows for DIA
employees to attend civilian graduate degree programs for up
to two years each, based on the standard length of the
relevant program, provided that:
(a) Where DIA deems appropriate, employees may pursue
academic programs extending beyond two years. Consistent with
current practices, the program should be made available to at
least five employees each year, with each employee receiving
a full-time salary while participating in the program; and
(b) Each DIA participant shall be subject to any program
approvals, service obligations, repayment obligations, and
other requirements pertaining to academic programs, as
prescribed by applicable laws and policies.
(2) Brief the congressional intelligence committees on the
status of the program's implementation.
Mental health prevalence
The congressional intelligence committees are committed to
supporting the men and women of the IC, who bravely risk
their lives serving their country as civilians in conflict
zones and other dangerous locations around the world. These
individuals often serve next to their military counterparts
in areas of active hostilities. As such, they are often
exposed to many of the emotional stresses generally
associated with a tour of duty abroad. The committees believe
there are deficiencies and inconsistencies in the pre- and
post-deployment mental health and wellness services available
to civilian employees.
Therefore, the Agreement directs the National Security
Agency (NSA), NGA, the Central Intelligence Agency (CIA), and
DIA, no later than 180 days after the enactment of this Act,
to provide a joint briefing to the congressional intelligence
committees on the mental health screenings and related
services that these agencies offer employees, both before and
after they deploy to combat zones. Such briefing shall
include a description of:
(1) Existing services available;
(2) Agency resources for and analysis of these services,
including the frequency of use by employees compared to the
total number returning from deployment; and
(3) How agencies with deployed civilian employees are
sharing best practices and leveraging services or resources
outside their agencies.
Review of the Office of the Director of National Intelligence
It has been more than ten years since the Congress
established the position of the Director of National
Intelligence (DNI) in the Intelligence Reform and Terrorism
Prevention Act of 2004, building on its predecessor, the
Director of Central Intelligence. Given this experience and
the evolving security environment, the committees believe it
appropriate to review the DNI's roles, missions and functions
and adapt its authorities, organization and resources as
needed.
Therefore, the Agreement directs the President to form an
independent, external panel of at least five individuals with
significant intelligence and national security expertise to
review ODNI's roles, missions and functions and make
recommendations, as needed, regarding its authorities,
organization and resources. The panel shall:
(1) Evaluate ODNI's ability to fulfill the responsibilities
assigned to it in law given its current scope and structure;
(2) Assess whether any roles and responsibilities currently
assigned to the DNI could be more effectively or efficiently
executed by other IC components or government agencies
outside the IC;
(3) Analyze the personnel, funding, and authorities
required for each component of ODNI to perform each of its
assigned responsibilities;
(4) Evaluate the organizational structure of ODNI;
(5) Review the size, role, purpose and function of ODNI's
mission centers;
(6) Assess the value of the national intelligence manager
construct;
(7) Review the size and mix of the ODNI workforce--to
include the ratio between cadre and detailees, the balance
between government and contractors, and grade structure--to
perform its roles, missions and functions; and
(8) Make recommendations regarding the above.
The Agreement directs the President, no later than 30 days
after the enactment of this Act, to select the individuals
who will serve on the external panel and notify the
congressional intelligence committees of such selection.
In addition, the Agreement directs the panel, no later than
180 days after the enactment of this Act, to provide a report
on this review to the congressional intelligence committees.
This report shall be unclassified, but may contain a
classified annex. The Agreement further directs ODNI to
reimburse the Executive Office of the President for any costs
associated with the review.
Improving pre-publication review
The congressional intelligence committees are concerned
that current and former IC personnel have published written
material without completing mandatory pre-publication review
procedures or have rejected changes required by the review
process, resulting in the publication of classified
information. The committees are particularly troubled by
press reports suggesting that officials are unaware of the
existence or scope of pre-publication review requirements.
The committees are also aware of the perception that the
pre-publication review process can be unfair, untimely, and
unduly onerous--and that these burdens may be at least
partially responsible for some individuals ``opting out'' of
the mandatory review process. The committees further
understand that IC agencies' pre-publication review
mechanisms vary, and that there is no binding, IC-wide
guidance on the subject.
The committees believe that all IC personnel must be made
aware of pre-publication review requirements and that the
review process must yield timely, reasoned, and impartial
decisions that are subject to appeal. The committees also
believe that efficiencies can be identified by limiting the
information subject to pre-publication review, to the fullest
extent possible, to only those materials that might
reasonably contain or be derived from classified information
obtained during the course of an individual's association
with the IC. In short, the pre-publication review process
should be improved to better incentivize compliance and to
ensure that personnel fulfill their commitments.
Therefore, the Agreement directs that, no later than 180
days after the enactment of this Act, the DNI shall issue an
IC-wide policy regarding pre-publication review. The DNI
shall transmit this policy to the congressional intelligence
committees concurrently with its issuance. The policy should
require each IC agency to develop and maintain a pre-
publication policy that contains, at a minimum, the following
elements:
(1) Identification of the individuals subject to pre-
publication review requirements (``covered individuals'');
(2) Guidance on the types of information that must be
submitted for pre-publication review, including works (a)
unrelated to an individual's IC employment; or (b) published
in cooperation with a third party, e.g.--
(a) Authored jointly by covered individuals and third
parties;
(b) Authored by covered individuals but published under the
name of a third party; or
(c) Authored by a third party but with substantial input
from covered individuals.
(3) Guidance on a process by which covered individuals can
participate in pre-publication reviews, and communicate
openly and frequently with reviewers;
(4) Requirements for timely responses, as well as reasoned
edits and decisions by reviewers;
(5) Requirements for a prompt and transparent appeal
process;
(6) Guidelines for the assertion of interagency equities in
pre-publication review;
[[Page H3301]]
(7) A summary of the lawful measures each agency may take
to enforce its policy, to include civil and criminal
referrals; and
(8) A description of procedures for post-publication review
of documents that are alleged or determined to reveal
classified information but were not submitted for pre-
publication review.
Additionally, the Agreement directs ODNI, no later than 180
days after the enactment of this Act, to provide to the
congressional intelligence committees a report on the
adequacy of IC information technology efforts to improve and
expedite pre-publication review processes, and the resources
needed to ensure that IC elements can meet this direction.
The Agreement further directs the DNI, no later than 270
days after the enactment of this Act, to certify to the
congressional intelligence committees that IC elements' pre-
publication review policies, non-disclosure agreements, and
any other agreements imposing pre-publication review
obligations reflect the policy described above.
Student loan debt report
IC components need to be able to recruit talented young
professionals. However, the soaring cost of college and post-
graduate education in the United States is causing many young
people to forgo public service in favor of career
opportunities with more competitive pay or loan forgiveness
benefits.
Therefore, the Agreement directs ODNI, no later than 180
days after the enactment of this Act, to provide a report to
the congressional intelligence committees on programs that
seek to help IC personnel manage student loan debt. The
report shall include details about each IC element's program,
including loan forgiveness, loan repayment, and financial
counseling programs; efforts to inform prospective and
current employees about such programs; and the number of
employees who use such programs The report shall also include
an analysis of the benefits and drawbacks of creating new
programs and expanding existing programs, and shall identify
any barriers to the establishment of IC-wide programs
Workforce development partnership
The congressional intelligence committees have long
promoted novel recruiting, hiring, and retention practices,
especially with respect to highly expert, highly sought-after
Science, Technology, Engineering, and Math (STEM) students
and professionals. Despite these efforts, the IC continues to
struggle with meeting STEM recruitment, hiring, and retention
goals inside the IC.
The committees are therefore encouraged to learn that the
IC is considering new and creative practices in this regard.
For example, the committees were intrigued by the Pacific
Northwest National Laboratory's (PNNL) budding Workforce
Development Partnership with the CIA. Partnerships like this
may allow IC agencies to leverage PNNL's robust employee
recruiting network and seek out STEM students who might not
otherwise consider IC employment.
Similarly, to address concerns that potential hires will
accept other job offers while awaiting clearances, NGA has a
program to allow interim hires to work on unclassified
projects until clearances are adjudicated. In addition,
several IC agencies have instituted a unique pay scale for
their junior STEM workforce. The committees recognize the
benefits of these initiatives, and believes that such efforts
could have wider applicability across the IC.
Therefore, the Agreement directs the DNI Chief Human
Capital Officer, no later than 180 days after the enactment
of this Act, to provide to the congressional intelligence
committees an interagency briefing on new approaches,
including outreach and advertising, the IC is considering or
conducting to attract a diverse, robust Science, Technology,
Engineering, and Math and information technology workforce to
meet the increasing demands in the IC.
Distributed Common Ground/Surface System-Army
The congressional intelligence committees believe the
Distributed Common Ground/Surface System-Army (DCGS-A)
provides operational and tactical commanders with enhanced,
state-of-the-art intelligence, surveillance, and
reconnaissance (ISR) tasking, processing, exploitation, and
dissemination capabilities and connectivity to the defense
intelligence information enterprise. DCGS-A is a critical
tool for enabling military intelligence warfighters to
process, fuse, and exploit data. In the past, the Army has
struggled to keep pace for pre-deployment and in-theater
training for DCGS-A. However, training for military
intelligence analysts must be prioritized in the pre-
deployment readiness cycle to ensure that those using this
intelligence tool can effectively utilize its capabilities.
The Army has fielded over 95 percent of DCGS-A Increment 1
systems, with mixed results and often negative feedback from
the users. The Army is in the process of fielding Increment
1, Release 2, which will address many of the initial concerns
and deficiencies of Increment 1. The committees remain
concerned that the Army has not sufficiently planned for user
training in support of the release of Increment 1, Release 2
to operational users.
Therefore, the congressional intelligence committees
request that the Army, no later than 90 days after the
enactment of this Act, submit a plan to the congressional
intelligence and defense committees on how the Army will
fully incorporate Distributed Common Ground/Surface System-
Army (DCGS-A) training into the readiness cycle for Army
personnel. The plan should specifically address any lessons
learned from the fielding of DCGS-A Increment 1 and any
ongoing corrective actions to improve the roll-out of
Increment 1, Release 2.
Common controller for unmanned aircraft systems
The congressional intelligence committees support the
Army's efforts to develop a common controller for the RQ-7A/B
Shadow and the RQ-11B Raven tactical unmanned aerial
vehicles. However, the committees are concerned that the Army
is not collaborating with the Marine Corps on similar efforts
to develop a ground controller for the Marine Corps family of
tactical unmanned aerial systems (UAS), including the RQ-11B
Raven, the RQ-12A Wasp, and the RQ-20A Puma.
Therefore, the Agreement requests that the Army and the
Marine Corps Intelligence Activity (MCIA), no later than 90
days after the enactment of this Act, jointly submit a report
to the congressional intelligence and defense committees on
the feasibility of developing a common controller for all
Brigade and Below unmanned aircraft systems (UAS) airframes,
as well as U.S. Marine Corps small unit UAS. The report
should address the potential performance and operational
benefits of a common controller, anticipated development
costs, and anticipated life-cycle cost savings of a common
controller.
Review of dual-hatting relationship
The congressional intelligence committees support further
evaluation of the dual-hatting of a single individual as both
Commander of U.S. Cyber Command (USCYBERCOM) and Director of
the National Security Agency (DIRNSA).
Therefore, the Agreement directs the Secretary of Defense,
no later than 90 days after the enactment of this Act, to
provide to the congressional intelligence and defense
committees a briefing that reviews and provides an assessment
of the dual-hatting of DIRNSA and Commander, USCYBERCOM. This
briefing should address:
(1) Roles and responsibilities, including intelligence
authorities, of USCYBERCOM and NSA;
(2) Assessment of the current impact of the dual-hatting
relationship, including advantages and disadvantages;
(3) Plans and recommendations on courses of action that
would be necessary to end the dual-hatting of DIRNSA and
Commander, USCYBERCOM, which satisfy Section 1642 of the
conference report accompanying S. 2943, the National Defense
Authorization Act for Fiscal Year 2017;
(4) Suggested timelines for carrying out such courses of
action;
(5) Recommendations for any changes in law that would be
required by the end of dual-hatting; and
(6) Any additional topics as identified by the intelligence
and defense committees.
The congressional intelligence committees further believe
that a larger organizational review of NSA should be
conducted with respect to the eventual termination of the
dual-hatting relationship. The congressional intelligence
committees seek to promote the efficient and effective
execution of NSA's national intelligence mission.
Specifically, the congressional intelligence committees
believe that the organization of NSA should be examined to
account for the evolution of its mission since its
establishment, the current structure of the intelligence
community, and the fact that the NSA is predominantly funded
through the NIP.
Therefore, the Agreement further directs the DNI, no later
than 120 days after the enactment of this Act, to conduct an
assessment and provide a briefing to the congressional
intelligence committees on options to better align the
structure, budgetary procedures, and oversight of NSA with
its national intelligence mission in the event of a
termination of the dual-hafting relationship. This briefing
should include:
(1) An assessment of the feasibility of transitioning NSA
to civilian leadership appointed by the DNI in lieu of
military leadership appointed by the Secretary of Defense;
(2) How NSA could be organizationally separated from DoD if
USCYBERCOM were elevated to become a unified combatant
command; and
(3) Any challenges, such as those requiring changes in law,
associated with such a separation.
Acquisition security improvement
The congressional intelligence committees remain concerned
about supply chain and cybersecurity vulnerabilities in the
IC. The committees believe the IC should implement a more
comprehensive approach to address these vulnerabilities,
particularly during the acquisition process. However, ICD
801, the IC guideline governing the acquisition process, is
outdated and must be revised to reflect current risks. In
particular, despite issuance of ICD 731, Supply Chain Risk
Management, in 2013, ICD 801 has not been updated to reflect
this policy nor does it include consideration of
cybersecurity vulnerabilities and mitigation.
Therefore, the Agreement directs ODNI, no later than 180
days after the enactment of this Act, to review and consider
amendments to Intelligence Community Directive (ICD) 801 to
better reflect and anticipate supply chain and cybersecurity
risks and threats, as well as to outline policies to mitigate
both risks and threats. In particular, the review should
examine whether to:
[[Page H3302]]
(1) Expand risk management criteria in the acquisition
process to include cyber and supply chain threats;
(2) Require counterintelligence and security assessments as
part of the acquisition and procurement process;
(3) Propose and adopt new education requirements for
acquisition professionals on cyber and supply chain threats;
and
(4) Factor in the cost of cyber and supply chain security.
The Agreement further directs ODNI, no later than 210 days
after the enactment of this Act, to provide to the
congressional intelligence committees a report describing the
review, including ODNI's process for considering amendments
to ICD 801, and specifically addressing ODNI's analysis and
conclusions with respect to paragraphs (1) through (4) above.
Cyber information sharing and customer feedback
The congressional intelligence committees commend NSA's new
policies and procedures to facilitate greater information
sharing of cyber threat indicators and defensive measures
with the Department of Homeland Security (DHS) at the
unclassified level.
With the recent enactment of the Cybersecurity Act of 2015,
which encourages greater information sharing between private
sector stakeholders, as well as with government entities, the
committees believe the next step is to ensure the entire IC
is working to disseminate timely, actionable information to
private sector stakeholders so they can better protect their
information technology networks. The vast majority of U.S.
networks reside in the private sector, and it is good
governance to ensure that those networks are safe and secure
for the general public.
The committees appreciate that the IC has begun efforts to
increase unclassified cyber threat sharing. Because an
increase in the quantity of reporting does not necessarily
indicate effectiveness or usefulness, this Committee
continues to monitor the quality of the information
distributed.
Therefore, the Agreement directs ODNI, no later than 120
days after the enactment of this Act, to brief the
congressional intelligence committees on IC-wide efforts to
share more information with the Department of Homeland
Security (DHS) for further dissemination to the private
sector. This briefing shall specifically address types of
information shared, metrics on output, tabulation of low
output producing agencies, recommendations on how low output
agencies can increase sharing, timeliness of information
shared, and average total time it takes for information to
transit the system.
The Agreement also directs ODNI, in coordination with the
DHS Office of Intelligence and Analysis (I&A), to conduct a
survey of government and private sector participants of the
National Cybersecurity and Communications Integration Center
(NCCIC). The survey shall be anonymous, provide an accurate
assessment of the usefulness and timeliness of the data
received, and determine if customers are satisfied with
intelligence briefings on threat actors impacting their
specific industry. The Agreement further directs ODNI, no
later than one year after the enactment of this Act, to
provide to the congressional intelligence and homeland
security committees an unclassified report detailing the
results of this survey.
Department of Homeland Security utilization of National Labs
expertise
The congressional intelligence committees believe that the
Department of Energy (DOE) National Labs represent a unique
and invaluable resource for the government and the IC in
particular.
Therefore, the Agreement directs, no later than 180 days
after the enactment of this Act, DHS I&A, in coordination
with DOE Office of Intelligence and Counterintelligence (DOE-
IN), to provide to the congressional intelligence committees
a report on the current utilization of Department of Energy
(DOE) National Labs expertise by DHS I&A. This report should
address opportunities to increase DHS I&A's utilization of
cybersecurity expertise of the National Labs as well as the
budgetary implications of taking advantage of these potential
opportunities.
Cybersecurity courses for Centers of Academic Excellence
The congressional intelligence committees are concerned by
a recent analysis from a security firm, which determined that
not one of the nation's leading undergraduate computer
science programs requires students to take a cybersecurity
course before graduating. Cybersecurity depends on IC
professionals having a strong understanding of the cyber
threat and how to mitigate it--which in turn requires a
strong academic background. NSA and DHS cosponsor the Centers
of Academic Excellence (CAE) in Cyber Defense program, which
includes an emphasis on basic cybersecurity. Nevertheless,
even some CAE-designated institutions lack cybersecurity
course prerequisites in their computer science curricula.
Therefore, the Agreement directs ODNI, no later than 180
days after the enactment of this Act, to submit to the
congressional intelligence committees a report on improving
cybersecurity training within NIP-funded undergraduate and
graduate computer science programs. The report should
specifically address:
(1) The potential advantages and disadvantages of
conditioning an institution's receipt of such funds on its
computer science program's requiring cybersecurity as a
precondition to graduation;
(2) How Centers of Academic Excellence programs might
bolster cybersecurity educational requirements; and
(3) Recommendations to support the goal of ensuring that
federally-funded computer science programs properly equip
students to confront future cybersecurity challenges.
Part III: Section-by-Section Analysis and Explanation of Legislative
Text
The following is a section-by-section analysis and
explanation of the Intelligence Authorization Act for Fiscal
Year 2017.
Title I--Intelligence Activities
Section 101. Authorization of appropriations
Section 101 lists the United States Government departments,
agencies, and other elements for which the Act authorizes
appropriations for intelligence and intelligence-related
activities for Fiscal Year 2017.
Section 102. Classified Schedule of Authorizations
Section 102 provides that the details of the amounts
authorized to be appropriated for intelligence and
intelligence-related activities and the applicable personnel
levels by program for Fiscal Year 2017 are contained in the
classified Schedule of Authorizations and that the classified
Schedule of Authorizations shall be made available to the
Committees on Appropriations of the Senate and House of
Representatives and to the President.
Section 103. Personnel ceiling adjustments
Section 103 provides that the DNI may authorize employment
of civilian personnel in Fiscal Year 2017 in excess of the
number of authorized positions by an amount not exceeding
three percent of the total limit applicable to each IC
element under Section 102, and ten percent of the number of
civilian personnel authorized under such schedule for the
purposes of contractor conversions. The DNI may do so only if
necessary to the performance of important intelligence
functions.
Section 104. Intelligence Community Management Account
Section 104 authorizes appropriations for the Intelligence
Community Management Account (ICMA) of the DNI and sets the
authorized personnel levels for the elements within the ICMA
for Fiscal Year 2017.
Title II--Central Intelligence Agency Retirement and Disability System
Section 201. Authorization of appropriations
Section 201 authorizes appropriations in the amount of
$514,000,000 for Fiscal Year 2017 for the Central
Intelligence Agency Retirement and Disability Fund.
Title III--General Intelligence Community Matters
Section 301. Restriction on conduct of intelligence
activities
Section 301 provides that the authorization of
appropriations by the Act shall not be deemed to constitute
authority for the conduct of any intelligence activity that
is not otherwise authorized by the Constitution or laws of
the United States.
Section 302. Increase in employee compensation and benefits
authorized by law
Section 302 provides that funds authorized to be
appropriated by the Act 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 compensation or benefits authorized by law.
Section 303. Support to nonprofit organizations assisting
intelligence community employees
Section 303 permits the DNI to engage in fundraising in an
official capacity for the benefit of nonprofit organizations
that provide support to surviving family members of a
deceased employee of an element of the IC or otherwise
provide support for the welfare, education, or recreation of
IC employees, former employees, or their family members.
Section 303 requires the DNI to issue regulations ensuring
that the fundraising authority is exercised consistent with
all relevant ethical limitations and principles. Section 303
further requires that the DNI and the Director of the CIA
notify the congressional intelligence committees within seven
days after they engage in such fundraising.
Section 304. Promotion of science, technology, engineering,
and mathematics education in the intelligence community
Section 304 requires the DNI to 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. Section 304 further requires elements of the IC to
submit STEM investment plans supporting this strategy for
each of the fiscal years 2018 through 2022, along with the
materials justifying the budget request of each element for
these STEM recruiting and outreach activities.
Section 305. Retention of employees of the intelligence
community who have science, technology, engineering, or
mathematics expertise
Section 305 authorizes a new payscale to permit salary
increases for employees in the IC with STEM backgrounds.
Section 305 also requires notifications to individual
employees if a position is removed from this new payscale.
Section 305 further requires the head of each IC element to
submit to the congressional intelligence committees a report
on the new rates of pay and number of positions authorized
under this payscale.
[[Page H3303]]
Section 306. Management of intelligence community personnel
Section 306 prohibits the Congress's use of government
personnel ceilings in the management of the IC workforce
starting in Fiscal Year 2019. Section 306 requires the DNI to
provide briefings on the IC's initiative to maintain both
employees and contractors within the IC, as well as both a
briefing and a report on the methodology, cost analysis tool,
and implementation plans. Section 306 further requires the IC
IG to provide a written report on the accuracy of IC
workforce data. This section will align the IC's management
of personnel consistent with the practices of the Department
of Defense and other federal agencies.
Section 307. Modifications to certain requirements for
construction of facilities
Section 307 clarifies that the requirement to notify the
congressional intelligence committees of improvement projects
with an estimated cost greater than $1,000,000 for facilities
used primarily by IC personnel includes repairs and
modifications.
Section 308. Guidance and reporting requirement regarding
interactions between the intelligence community and
entertainment industry
Section 308 requires the DNI to issue public guidance
regarding engagements by elements of the Intelligence
Community with entertainment industry entities. The guidance
will include DNI providing an annual report to the
congressional intelligence committees detailing interactions
between the IC and the entertainment industry. Section 308
also requires the report to include a description of the
nature, duration, costs, benefits, and results of each
engagement, as well as a determination that each engagement
did not result in a disclosure of classified information and
whether any information was declassified for the disclosure.
Section 308 further requires that before an IC element may
engage with the entertainment industry, the head of
that element must approve the proposed engagement.
Contractual relationships for professional services and
technical expertise are exempt from these reporting
requirements.
Section 309. Protections for independent inspectors general
of elements of the intelligence community
Section 309 requires the ODNI to develop and implement a
uniform policy for each identified Inspector General (IG)
office in the IC to better ensure their independence. The
provision specifies elements to be incorporated in such a
policy including (a) guidance regarding conflicts of
interest, (b) standards to ensure independence, and (c) a
waiver provision. Section 309 further prohibits the DNI from
requiring an employee of an OIG to rotate to a position in
the element for which such office conducts oversight.
Section 310. Congressional oversight of policy directives and
guidance
Section 310 requires the DNI to submit to the congressional
intelligence committees notifications and copies of any
classified or unclassified Presidential Policy Directive,
Presidential Policy Guidance, or other similar policy
document issued by the President which assigns tasks, roles,
or responsibilities to the IC, within the specified
timeframes. Section 310 further requires the Director to
notify the congressional intelligence committees of guidance
to implement such policies.
Section 311. Notification of memoranda of understanding
Section 311 requires the head of each element of the IC to
submit to the congressional intelligence committees copies of
each memorandum of understanding or other agreement regarding
significant operational activities or policy entered into
between or among such element and any other entity or
entities of the federal government within specified
timeframes.
Section 311 does not require an IC element 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. An IC element also may redact
any personally identifiable information from a memorandum or
agreement which must be submitted to the intelligence
committees.
Section 312. Technical correction to Executive Schedule
Section 312 contains a technical correction regarding the
annual rate of basic pay for the Director of the National
Counter Proliferation Center.
Section 313. Maximum amount charged for declassification
reviews
Section 313 prohibits the head of an element of the IC from
charging reproduction fees for a mandatory declassification
review in excess of reproduction fees that the head would
charge for a request for information under the Freedom of
Information Act (FOIA). It also permits agency heads to waive
processing fees for declassification reviews in the same
manner as for FOIA.
Title IV--Matters Relating to Elements of the Intelligence Community
Subtitle A--Office of the Director of National Intelligence
Section 401. Designation of the Director of the National
Counterintelligence and Security Center
Section 401 renames the National Counterintelligence
Executive as the ``National Counterintelligence and Security
Center,'' with conforming amendments.
Section 402. Analyses and impact statements by Director of
National Intelligence regarding proposed investment into
the United States
Section 402 directs the DNI to submit to the congressional
intelligence committees, after the completion of a review or
an investigation of any proposed investment into the United
States, any analytic materials prepared by the DNI. This
requirement includes, but is not limited to, national
security threat assessments provided to the Committee on
Foreign Investment in the United States (CFIUS) in connection
with national security reviews and investigations conducted
by CFIUS pursuant to Section 721(b) of the Defense Production
Act of 1950 (50 U.S.C. 4565). This section is not intended to
limit the ability of the DNI to transmit supplementary
materials to the congressional intelligence committees along
with the threat assessments.
Section 402 also directs the DNI to provide the committees
with impact statements when the DNI determines a proposed
investment into the United States will have an operational
impact on the IC.
Section 403. Assistance for governmental entities and private
entities in recognizing online violent extremist content
Section 403 requires the DNI to publish on a publicly
available Internet website a list of all logos, symbols,
insignia, and other markings commonly associated with, or
adopted by, State Department-designated foreign terrorist
organizations.
SUBTITLE B--CENTRAL INTELLIGENCE AGENCY
Section 411. Enhanced death benefits for personnel of the
Central Intelligence Agency
Section 411 authorizes the Director of the CIA to pay death
benefits substantially similar to those authorized for
members of the Foreign Service, and requires the Director to
submit implementing regulations to the congressional
intelligence committees.
Section 412. Pay and retirement authorities of the Inspector
General of the Central Intelligence Agency
Section 412 amends the Central Intelligence Agency Act of
1949 to authorize the IC of the CIA to consider certain
positions as law enforcement officers for purposes of
calculating retirement eligibility and entitlements under
chapters 83 and 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. Section 412 may not
be construed to confer on the IG of the CIA, or any other
officer or employee of the CIA, any police or law enforcement
or internal security functions or authorities.
SUBTITLE C--OTHER ELEMENTS
Section 421. Enhancing the technical workforce for the
Federal Bureau of Investigation
Section 421 requires the Federal Bureau of Investigation
(FBI) to produce a comprehensive strategic workforce report
to demonstrate progress in expanding initiatives to
effectively integrate information technology expertise in the
investigative process. Section 421 further requires the
report to include: (1) progress on training, recruitment, and
retention of cyber-related personnel; (2) an assessment of
whether FBI officers with these skill sets are fully
integrated in the FBI's workforce; (3) the FBI's
collaboration with the private sector on cyber issues; and
(4) an assessment of the utility of reinstituting and
leveraging the FBI Director's Advisory Board.
Section 422. Plan on assumption of certain weather missions
by the National Reconnaissance Office
Section 422 requires the Director of the NRO to develop a
plan to carry out certain space-based environmental
monitoring missions currently performed by the Air Force. It
also authorizes certain pre-acquisition activities and
directs that an independent cost estimate be submitted to the
congressional intelligence and defense committees. The
Director of NRO may waive the requirement of Section 422 if
the Under Secretary of Defense for Acquisition, Technology,
and Logistics, and the Chairman of the Joint Chiefs of Staff;
jointly submit a certification to the congressional
intelligence and defense committees.
Title V--Matters Relating to Foreign Countries
Section 501. Committee to counter active measures by the
Russian Federation to exert covert influence over peoples
and governments
Nothing in this section shall authorize the Committee to
take action with regard to activities protected by the First
Amendment. Section 501 requires the President to establish an
interagency committee to counter active measures by the
Russian Federation that constitute Russian actions to exert
covert influence over peoples and governments.
Section 502. Limitation on travel of accredited diplomats of
the Russian Federation in the United States from their
diplomatic post
Section 502 requires the Secretary of State, in
coordination with the Director of the FBI and the DNI, to
establish an advance notification regime governing all
Russian Federation accredited diplomatic and consular
personnel in the United States, as well as to take action to
secure compliance and address noncompliance with the
notification requirement. Section 502 also requires the
Secretary of State, the Director of the FBI,
[[Page H3304]]
and the DNI to develop written mechanisms to share such
travel information and address noncompliance. Section 502
further requires written reporting to the specified
committees detailing the number of notifications, and the
number of known or suspected violations of such personnel
requirements.
Section 503. Study and report on enhanced intelligence and
information sharing with Open Skies Treaty member states
Section 503 requires the DNI, with support of other federal
agencies, to conduct a study to determine the feasibility of
creating an intelligence sharing arrangement and database
among parties to the Open Skies Treaty (OST) with higher
frequency, quality, and efficiency than that currently
provided by the parameters of the OST. Section 503 also
requires the Director to issue a report that includes an
intelligence assessment on Russian Federation warfighting
doctrine, the extent to which Russian Federation flights
under the Open Skies Treaty contribute to the warfighting
doctrine, a counterintelligence analysis as to the Russian
Federation's capabilities, and a list of the covered parties
that have been updated with this information.
Title VI--Reports and Other Matters
Section 601. Declassification review of information on
Guantanamo detainees and mitigation measures taken to
monitor the individuals and prevent future attacks
Section 601 requires the DNI to complete a declassification
review of intelligence reports prepared by the National
Counterterrorism Center (NCTC) on the past terrorist
activities of each Guantanamo detainee, for a detainee's
Periodic Review Board (PRB) sessions, transfer, or release
from Guantanamo. To the extent a transfer or release preceded
the PRB's establishment, or the NCTC's preparation of
intelligence reports, Section 601 requires the DNI to conduct
a declassification review of intelligence reports containing
the same or similar information as the intelligence reports
prepared by the NCTC for PRB sessions, transfers, or
releases.
Section 601 further requires the President to make any
declassified intelligence reports publicly available,
including unclassified summaries of measures being taken by
the transferee countries to monitor the individual and
prevent future terrorist activities. Section 601 requires the
DNI to submit to the congressional intelligence committees a
report setting forth the results of the declassification
review, including a description of covered reports that were
not declassified. Section 601 also sets the schedule for such
reviews and further defines past terrorist activities to
include terrorist organization affiliations, terrorist
training, role in terrorist attacks, responsibility for the
death of United States citizens or members of the Armed
Forces, any admission thereof, and a description of the
intelligence supporting the past terrorist activities,
including corroboration, confidence level, and any dissent or
reassessment by the IC.
Section 602. Cyber Center for Education and Innovation Home
of the National Cryptologic Museum
Section 602 amends 10 U.S.C. 449 to enable the
establishment of a Cyber Center for Education and
Innovation--Home of the National Cryptologic Museum (the
``Center''). Section 602 also establishes in the Treasury a
fund for the benefit and operation of the Center.
Section 603. Report on national security systems
Section 603 requires the Director of the National Security
Agency, in coordination with the Secretary of Defense and
Chairman of the Joint Chiefs of Staff to submit to the
appropriate congressional committees a report on national
security systems.
Section 604. Joint facilities certification
Section 604 requires that before an element of the IC
purchases, leases, or constructs a new facility that is
20,000 square feet or larger, the head of that element must
first certify that all prospective joint facilities have been
considered, that it is unable to identify a joint facility
that meets its operational requirements, and it must list the
reasons for not participating in joint facilities in that
instance.
Section 605. Leadership and management of space activities
Section 605 requires the DNI, in consultation with the
Secretary of Defense and the Chairman of the Joint Chiefs of
Staff, to issue an update to the strategy for a comprehensive
review of the United States national security overhead
satellite architecture required in the Intelligence
Authorization Act for Fiscal Year 2016. Section 605 requires
the DNI, in consultation with the Secretary of Defense, to
submit a plan to functionally integrate the IC's governance,
operations, analysis, collection, policy, and acquisition
activities related to space and counterspace. The
congressional intelligence committees believe the current
fragmented arrangement across the IC does not provide
sufficient coherence to meet the threat, fosters duplication,
hinders integrated congressional oversight, and impedes
effective alignment with the Department of Defense space
activities. Section 605 also requires the DNI to submit a
workforce plan for space and counterspace operations, policy,
and acquisition. Section 605 further requires the Director of
the NRO and the Commander of U.S. Strategic Command to submit
a concept of operations and requirements documents for the
Joint Interagency Combined Space Operations Center, and to
conduct quarterly update briefings.
Section 606. Advances in life sciences and biotechnology
The congressional intelligence committees recognize the
rapid advancements in the life sciences and biotechnology and
firmly believes that biology in the twenty-first century will
transform the world as physics did in the twentieth century.
The potential risks associated with these advancements are
less clear. The posture of the IC to follow and predict this
rapidly changing landscape is a matter of concern recognizing
the global diffusion and dual-use nature of life sciences and
biotechnology along with the dispersed responsibility of the
life sciences related issues across several National
Intelligence Officer portfolios.
Section 606 requires the DNI to brief the congressional
intelligence committees and the congressional defense
committees on a proposed plan and actions to monitor advances
in life sciences and biotechnology to be carried out by the
DNI. The Director's plan should include, first, a description
of the IC's approach to leverage the organic life science and
biotechnology expertise both within and outside the
Intelligence Community; second, an assessment of the current
life sciences and biotechnology portfolio, the risks of
genetic editing technologies, and the implications of these
advances on future biodefense requirements; and, third, an
analysis of organizational requirements and responsibilities
to include potentially creating new positions. Section 606
further requires the DNI to submit a written report and
provide a briefing to the congressional intelligence
committees and the congressional defense committees on the
role of the IC in the event of a biological attack, including
a technical capabilities assessment to address potential
unknown pathogens.
Section 607. Reports on declassification proposals
Section 607 requires the DNI to provide the congressional
intelligence committees with a report and briefing on the
IC's progress in producing four feasibility studies
undertaken in the course of the IC's fundamental
classification guidance review, as required under Executive
Order 13526. Section 607 further requires the Director to
provide the congressional intelligence committees with a
briefing, interim report, and final report on the final
feasibility studies produced by elements of the IC and an
implementation plan for each initiative.
Section 608. Improvement in government classification and
declassification
Section 608 assesses government classification and
declassification in a digital era by requiring the DNI to
review the system by which the Government classifies and
declassifies national security information to improve the
protection of such information, enable information sharing
with allies and partners, and support appropriate
declassification. Section 608 requires the DNI to submit a
report with its findings and recommendations to the
congressional intelligence committees. Section 608 further
requires the DNI to provide an annual written notification to
the congressional intelligence committees on the creation,
validation, or substantial modification (to include
termination) of existing and proposed controlled access
programs, and the compartments and subcompartments within
each. This certification shall include the rationale for each
controlled access program, compartment, or subcompartment and
how each controlled access program is being protected.
Section 609. Report on implementation of research and
development recommendations
Section 609 requires the DNI to conduct and provide to the
congressional intelligence committees a current assessment of
the IC's implementation of the recommendations issued in 2013
by the National Commission for the Review of the Research and
Development (R&D) Programs of the IC.
Section 610. Report on Intelligence Community Research and
Development Corps
Section 610 requires the DNI to develop and brief the
congressional intelligence committees on a plan, with
milestones and benchmarks, to implement a R&D Reserve Corps,
as recommended in 2013 by the bipartisan National Commission
for the Review of the R&D Programs of the IC, including any
funding and potential changes to existing authorities that
may be needed to allow for the Corps' implementation.
Section 611. Report on information relating to academic
programs, scholarships, fellowships, and internships
sponsored, administered, or used by the intelligence
community
Section 611 requires the DNI to submit to congressional
intelligence committees a report on information that the IC
collects on certain academic programs, scholarships, and
internships sponsored, administered, or used by the IC.
Section 612. Report on intelligence community employees
detailed to National Security Council
Section 612 requires the DNI to submit to the congressional
intelligence committees a classified written report listing,
by year, the number of employees of an element of the IC who
have been detailed to the National Security Council during
each of the previous ten years.
Section 613. Intelligence community reporting to Congress on
foreign fighter flows
Section 613 directs DNI to submit to the congressional
intelligence committees a report on foreign fighter flows to
and from terrorist safe havens abroad.
[[Page H3305]]
Section 614. Report on cybersecurity threats to seaports of
the United States and maritime shipping
Section 614 directs the Under Secretary of Homeland
Security for Intelligence and Analysis (I&A) to submit to the
congressional intelligence committees a report on the
cybersecurity threats to seaports of the United States and
maritime shipping.
Section 615. Report on reprisals against contractors of the
intelligence community
Section 615 directs the IC IG to submit to the
congressional intelligence committees a report on known or
claimed reprisals made against employees of contractors of
elements of the IC during the preceding three-year period.
Section 615 further requires the report to include an
evaluation of the usefulness of establishing a prohibition on
reprisals as a means of encouraging IC contractors to make
protected disclosures, and any recommendations the IC IG
deems appropriate.
Ms. JACKSON LEE. Mr. Speaker, I rise to speak about Senate Amendment
to H.R. 244, ``Making Consolidated Appropriations for Fiscal Year
2017.''
The legislation before us is an imperfect vehicle for appropriations
for FY 2017, but this Omnibus Appropriations package contains new
funding for the remainder of Fiscal Year 2017 for federal agencies
under the eleven remaining Appropriations subcommittees.
The Omnibus Budget Agreement appropriates $1.070 trillion in base
discretionary budget authority, allocating $551 billion for defense and
$519 billion for nondefense in line with the Budget Control Act's
statutory discretionary spending caps, as well as $93.5 billion in
additional funding designated for Overseas Contingency Operations(OCO).
Mr. Speaker, this budget agreement is far from perfect, but it is a
positive step since it ensures that funding for appropriated
entitlements will continue at a rate maintaining program levels under
current law and prevents congressional Republicans from shutting down
the government again and manufacturing a crisis that only harms our
economy, destroys jobs, and weakens our middle class.
The government shutdown of 2013, which was manufactured by the
Republican majority lasted 16 days and cost taxpayers $24 billion.
The enormous harm and disruption of the lives of federal employees
and the people they serve, however, was irreparable.
As I stated, Mr. Speaker, this Omnibus Budget Agreement is a product
of goodwill and realism, and averts a shutdown of government operations
and the disruption a shutdown causes to the lives of millions of
Americans who depend upon federal programs to do their jobs, educate
their kids, care for their parents, and contribute to their
communities.
Our constituents look to the Congress and the President to make
responsible choices and decisions to keep the nation safe, the economy
prosperous, and to make necessary and prudent investments in education,
healthcare and research, transportation and infrastructure, economic
development, science, the arts and humanities, and the environment.
This is, after all, just another way of saying that the American
people expect their leaders in Washington be guided by the
Constitution's Preamble and pursue policies and provide the resources
that will:
``establish justice, ensure domestic tranquility, provide for the
common defense, promote the general welfare, and secure the blessings
of liberty.''
The funding priorities that have been floated by the Trump
Administration fail this essential test of leadership because they are
irresponsible, impracticable, unrealistic, and, in many respects,
insensitive or indifferent to the deleterious impact they will have on
the lives of real people living in the real world.
They do not command majority support in the Congress or of the public
and have been rejected in this budget.
Instead, in a stinging defeat for the Trump, the Omnibus Budget
Agreement does not fund the immoral and unwise border wall or create a
cruel new deportation force.
Also eliminated are more than 160 Republican poison pill riders,
ranging from undermining a woman's right to reproductive health to
dismantling Dodd-Frank's vital Wall Street consumer protections.
Mr. Speaker, I am also pleased that we succeeded in securing
Democratic policy priorities and funding increases for critical
nondefense items.
This will save lives and create jobs.
Mr. Speaker, let me identify some of the important policy and funding
priorities included in this budget agreement:
Fully funds community development block grants and low income housing
programs in urban and rural communities.
$2 billion for Medical Research: the budget rejects President Trump's
dangerous plans to steal billions from lifesaving medical research;
$221 million overall for Community Oriented Policing (COPS) and $137
million for the COPS hiring program;
$1 billion for Coal Miners' Health: Democrats secured funding to
deliver permanent health benefits for the thousands of coal miners and
their families who stood to lose their health benefits this month;
$600 million to combat and respond to the Opioid Epidemic;
Provides level funding for the Environmental Protection Agency
despite Republicans' hopes to gut it;
Year-Round Pell Grants: Democrats insisted on, and won an increase of
$105 in the maximum Pell Grant award and succeeded in restoring access
to year-round Pell Grants which will make a huge difference in the
lives of hard-working students;
Science Funding: the omnibus budget increases funding for Energy
Efficiency and Renewable Energy, the Department of Energy Office of
Science and ARPA-E, all initiatives President Trump wanted cut;
Puerto Rico's Medicaid: the omnibus budget includes vital funds to
stabilize Puerto Rico's underfunded Medicaid program, which threatened
so many of our fellow Americans in Puerto Rico;
$1 billion for Emergency Famine Relief to alleviate famine resulting
from war, drought and displacement in Africa and the Middle East,
saving countless lives around the world;
Mr. Speaker, I support the omnibus budget agreement before us because
it achieves the following goals and objectives that I laid out last
week:
``To establish justice'' and ``To promote the general welfare'':
1. Funding for the U.S. Department of Justice Civil Rights Division
and the Department of Education Office of Civil Rights so that they
have funds needed to enforce laws protecting civil rights, voting
rights, and prosecuting hate crimes.
2. Fully funds community development block grants and low income
housing programs in urban and rural communities.
3. Fully funds the Legal Services Corporation so that working and
low-income persons who lack an army of lobbyists to represent them in
Washington will at least have the assistance of counsel to defend their
legal rights in courts of law.
4. Fully funds programs providing food assistance to housebound
seniors, such as Meals on Wheels.
5. Fully funds programs that provide students from low and moderate-
income families access to affordable access to higher education and
provides students with special needs the support needed to receive the
free appropriate public education (FAPE) in the least restrictive
environment (LRE) guaranteed by the Individuals with Disabilities
Education Act (IDEA Act).
6. Funds before and after school programs and other student
enrichment programs that help students succeed.
7. Fully funds programs that make federal housing safer through
energy efficient healing and cooling systems.
8. Preserves tax credit programs that help revitalize low income
communities.
9. Fully funds the Environmental Protection Agency and Department of
Energy programs developing the next generation of clean energy and
transportation technologies.
``Provide for the common defense'':
1. Provides robust funding for the Department of State and USAID to
advance national security interests in places like Iraq and Afghanistan
and to end violent conflicts in trouble spots which could threaten the
security interests of the United States.
2. Provides adequate funding for United Nations peacekeeping missions
throughout the world and distribution of food aid to people in
developing and famine stricken countries, such as South Sudan, Somalia,
Yemen, and Nigeria.
``To ensure domestic tranquility'':
1. Fully funds cost-sharing reduction subsidies, or CSRs, to
compensate insurers for reducing deductibles and out-of-pocket maximums
for low-income customers on the Affordable Care Act exchanges.
2. Protects the adequacy, solvency, and integrity of the Medicare and
Medicaid programs, which provide health sustaining support for 70
million Americans.
3. Fully funds the National Institutes of Health research programs so
that patient access to lifesaving treatments is not delayed.
4. Does not convert funding for the Centers for Disease Control and
Prevention into block grants which would hindering the nation's ability
to respond swiftly and effectively to public health crises like Ebola,
Zika, and HIV/AIDS.
Mr. Speaker, working together the House and Senate has reached an
agreement on an appropriate budget framework that invests in the
American people, preserves our national security, and keeps faith with
the values that have served our nation well and made the United States
the leading nation on earth.
Ms. BONAMICI. Mr. Speaker, I rise today in support of the Senate
amendments to H.R. 244, the FY2017 omnibus spending bill. This is not a
perfect bill, but many priorities that are important to my constituents
in Oregon and people around the country are funded and protected, and
it prevents a government shutdown.
[[Page H3306]]
In March, President Trump released a budget proposal that, if
enacted, would be devastating to Oregonians, Americans, and people
worldwide. Thankfully, this omnibus bill largely bypasses the
President's misguided funding recommendations, and instead focuses on
making sure our federal dollars are being spent to help hardworking
families get ahead, support vulnerable populations at home and abroad,
and help grow the economy
This bill funds the National Endowment for the Arts and the National
Endowment for the Humanities, and allows Legal Aid work to continue
through Legal Services Corporation. There is a strong commitment to
securing our infrastructure through robust funding of TIGER
transportation grants and environmental cleanup projects, and there is
funding for Flint, Michigan to continue upgrading its drinking water
infrastructure. Importantly, the bill does not waste any taxpayer
dollars to build a border wall between the United States and Mexico,
and it does not include harmful policy riders to defund Planned
Parenthood, unwind the consumer protections of Dodd-Frank, or withhold
federal funds from cities and states that decline to enforce federal
immigration law that is outside their jurisdiction.
In Oregon, I hear from families of all backgrounds who are struggling
to maintain their economic security. This bill provides funding for the
Low-Income Home Energy Assistance Program, and increases funding for
housing programs such as Choice Neighborhoods, Housing Opportunities
for People with AIDS, and Housing for the Elderly. The bill secures
funding for Special Supplemental Nutrition for Women, Infants, and
Children and provides robust funding for Meals on Wheels and summer
Electronic Benefits Transfer, to address food insecurity among some of
our most vulnerable Americans--children and seniors.
The bill also recognizes the devastating toll of the opioid epidemic
in our communities by providing a $650 million increase over 2016
funding to help address this crisis. That funding, coupled with a $2
billion increase to the National Institutes of Health, will help
fulfill the commitment Congress has made to partner with our states and
communities to address this and other health crises facing our country.
As a member of the Science Committee, I am committed to funding basic
science research, mitigating the effects of climate change, and
supporting healthy oceans and estuaries. I am glad the bill includes
increases for the National Oceanic and Atmospheric Administration,
which provides weather forecasting, oceanic and atmospheric research,
ocean and coastal services, and fisheries management to the communities
I represent.
As a member of the Education and the Workforce Committee, I am
committed to making sure that all students can receive a quality
education, from pre-K through college. The bill before us will provide
supports for students, including reinstating year-round Pell grants,
increasing Head Start funding by $85 million, and increasing Title I,
IDEA, TRIO, and Gear Up funding over FY2016 enacted levels. I am
disappointed, however, that Congress has raided the Pell Grant reserve
fund to pay for other programs. I am also concerned that this bill
significantly underfunds the Student Support Academic Enrichment Grants
created in the bipartisan Every Student Succeeds Act (ESSA). The ESSA
provided $1.6 billion for these grants to enable school districts to
provide locally-tailored programming and supportive services for
students who need them most, including school-based mental health
programs, drug and violence prevention programs, and well-rounded
learning opportunities such as arts, music, and civics education. This
bill only provides a fraction of the amount necessary to fully fund
this grant program, and I will continue to advocate for full funding as
we consider the FY2018 spending bills.
I am also disappointed that the bill reauthorizes the Scholarships
for Opportunity and Results (SOAR) program that funds vouchers for
private schools in Washington, DC, despite the program's negative
outcomes for students. In fact, a study released just last week from
the Department of Education showed that students who received SOAR
vouchers had lower math scores than before their enrollment in the
program.
Finally, I do not support yet another increase in defense spending,
especially when the President has failed to outline a clear strategy
for how he intends to use our powerful military around the world. With
cuts to programs that protect the environment, provide consumer
protections, and provide access to women's health services, it is
shortsighted to further increase our defense spending without a plan in
place from the President on how he will keep our country safe.
Mr. Speaker, I would like to thank our leaders in the House for
working together on this bipartisan legislation that protects many of
our most vulnerable communities and restores confidence in our economy
by preventing a government shutdown. It is not a perfect bill, but one
that I will support. I look forward to continuing to work with my
colleagues on bipartisan agreements that will keep our communities
safe, support public education, protect our natural resources, and
create good jobs in our 21st century economy.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 305, the previous question is ordered.
The question is on the motion by the gentleman from New Jersey (Mr.
Frelinghuysen).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. FRELINGHUYSEN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on adopting the motion will be followed by 5-minute votes
on:
Suspending the rules and passing H.R. 244, if ordered, and
Agreeing to the Speaker's approval of the Journal, if ordered.
The vote was taken by electronic device, and there were--yeas 309,
nays 118, not voting 4, as follows:
[Roll No. 249]
YEAS--309
Adams
Aderholt
Aguilar
Allen
Amodei
Bacon
Barletta
Barr
Bass
Beatty
Bera
Bergman
Beyer
Bishop (GA)
Bishop (MI)
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Capuano
Carbajal
Carson (IN)
Carter (GA)
Carter (TX)
Cartwright
Castor (FL)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crist
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Demings
Denham
Dent
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Donovan
Doyle, Michael F.
Dunn
Engel
Eshoo
Esty (CT)
Evans
Faso
Fitzpatrick
Fleischmann
Flores
Foster
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Garamendi
Gonzalez (TX)
Gottheimer
Gowdy
Granger
Graves (GA)
Graves (MO)
Green, Al
Green, Gene
Guthrie
Hanabusa
Harper
Hartzler
Hastings
Heck
Hensarling
Herrera Beutler
Higgins (LA)
Higgins (NY)
Hill
Himes
Hoyer
Huffman
Huizenga
Hurd
Issa
Jackson Lee
Jayapal
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
King (NY)
Kinzinger
Knight
Krishnamoorthi
Kuster (NH)
LaMalfa
Lance
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
MacArthur
Maloney, Carolyn B.
Maloney, Sean
Marino
Mast
Matsui
McCarthy
McCaul
McCollum
McEachin
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meehan
Meeks
Meng
Mitchell
Moolenaar
Mooney (WV)
Moore
Moulton
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Nolan
Norcross
Nunes
O'Halleran
O'Rourke
Palazzo
Pallone
Panetta
Pascrell
Paulsen
Payne
Pelosi
Perlmutter
Peters
Pingree
Pocan
Polis
Price (NC)
Quigley
Raskin
Reed
Reichert
Rice (NY)
Rice (SC)
Richmond
Roby
Rogers (KY)
Rohrabacher
Rokita
Rooney, Thomas J.
Ros-Lehtinen
Rosen
Ross
Roybal-Allard
Royce (CA)
Ruiz
Ruppersberger
Rutherford
Ryan (OH)
Ryan (WI)
Sanchez
Sarbanes
Scalise
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, Austin
Scott, David
Serrano
Sessions
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (NE)
Smith (NJ)
Smith (WA)
Smucker
Soto
Speier
Stefanik
Stivers
Suozzi
Swalwell (CA)
Takano
Taylor
Tenney
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Titus
Tonko
Trott
Tsongas
Turner
Upton
Valadao
Veasey
Velazquez
Visclosky
Walberg
Walden
Walorski
Walters, Mimi
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Wilson (SC)
Womack
Woodall
Yarmuth
Yoder
Young (AK)
Young (IA)
Zeldin
[[Page H3307]]
NAYS--118
Abraham
Amash
Arrington
Babin
Banks (IN)
Barragan
Barton
Biggs
Bilirakis
Bishop (UT)
Black
Blackburn
Blum
Brat
Bridenstine
Brooks (AL)
Buck
Budd
Cardenas
Castro (TX)
Chabot
Cheney
Correa
Davidson
DeSantis
DesJarlais
Duffy
Duncan (SC)
Duncan (TN)
Ellison
Emmer
Espaillat
Estes (KS)
Farenthold
Ferguson
Fortenberry
Foxx
Franks (AZ)
Gaetz
Gallagher
Gallego
Garrett
Gibbs
Gohmert
Goodlatte
Gosar
Graves (LA)
Griffith
Grijalva
Grothman
Gutierrez
Harris
Hice, Jody B.
Holding
Hollingsworth
Hudson
Hultgren
Hunter
Johnson (LA)
Johnson, Sam
Jones
Jordan
Kelly (MS)
King (IA)
Kustoff (TN)
Labrador
LaHood
Lamborn
Latta
Lewis (MN)
Lieu, Ted
Long
Loudermilk
Love
Marchant
Marshall
Massie
McClintock
Meadows
Messer
Mullin
Noem
Olson
Palmer
Pearce
Perry
Peterson
Poe (TX)
Posey
Ratcliffe
Renacci
Roe (TN)
Rogers (AL)
Rooney, Francis
Roskam
Rothfus
Rouzer
Rush
Russell
Sanford
Schweikert
Sensenbrenner
Smith (MO)
Smith (TX)
Stewart
Tipton
Torres
Vargas
Vela
Wagner
Walker
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wittman
Yoho
NOT VOTING--4
Chaffetz
Newhouse
Pittenger
Poliquin
{time} 1619
Messrs. WITTMAN, KING of Iowa, FRANKS of Arizona, and BROOKS of
Alabama changed their vote from ``yea'' to ``nay.''
Messrs. JENKINS of West Virginia, CLEAVER, Ms. SCHAKOWSKY, Messrs.
RYAN of Ohio and RICHMOND changed their vote from ``nay'' to ``yea.''
So the motion to concur was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. PITTENGER. Mr. Speaker, I was unavoidably detained. Had I been
present, I would have voted ``yea'' on rollcall No. 249.
____________________