[United States Statutes at Large, Volume 130, 114th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 114-254
114th Congress

An Act


 
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2016, and for other
purposes. <>

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

This Act may be cited the ``Further Continuing and Security
Assistance Appropriations Act, 2017''.
SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Availability of funds.

DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2017

DIVISION B--SECURITY ASSISTANCE APPROPRIATIONS ACT, 2017

Title I--Department of Defense
Title II--Department of State, Foreign Operations, and Related Agencies

SEC. 3. REFERENCES.

Except as expressly provided otherwise, any reference to ``this
Act'' contained in division B of this Act shall be treated as referring
only to the provisions of that division.
SEC. 4. AVAILABILITY OF FUNDS.

(a) Each amount designated in this Act, or in an amendment made by
this Act, by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 shall be available 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) 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1985 shall be available (or rescinded, if applicable) only if the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.

DIVISION <>  A--
FURTHER CONTINUING APPROPRIATIONS ACT, 2017

Sec. 101.  The Continuing Appropriations Act, 2017 (division C of
Public Law 114-223) is amended by--

[[Page 1006]]

(1) <>  striking the date specified in
section 106(3) and inserting ``April 28, 2017'';
(2) striking ``0.496 percent'' in section 101(b) and
inserting ``0.1901 percent''; and
(3) inserting after section 145 the following new sections:

``Sec. 146.  Amounts made available by section 101 for `Department
of Agriculture--Farm Service Agency--Agricultural Credit Insurance Fund
Program Account' may be apportioned up to the rate for operations
necessary to fund loans for which applications are approved.
``Sec. 147.  Amounts made available by section 101 for `Department
of Agriculture--Food and Nutrition Service--Child Nutrition Programs' to
carry out section 749(g) of the Agriculture Appropriations Act of 2010
(Public Law 111-80) may be apportioned up to the rate for operations
necessary to ensure that the program can be fully operational by May,
2017.
``Sec. 148.  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'.
``Sec. 149.  Amounts made available by section 101 for `Department
of Agriculture--Rural Utilities Service' may be transferred between
appropriations under such heading as necessary for the cost of direct
telecommunications loans authorized by section 305 of the Rural
Electrification Act of 1936 (7 U.S.C. 935).
``Sec. 150.  Amounts made available by Section 101 for `Department
of Agriculture--Rural Housing Service--Rural Housing Insurance Fund
Program Account' for the section 538 Guaranteed Multi-Family Housing
Loan Program may be apportioned up to the rate necessary to fund loans
for which applications are approved.
``Sec. 151.  Amounts made available by section 101 for `Department
of Commerce--National Oceanic and Atmospheric Administration--
Procurement, Acquisition and Construction' may be apportioned up to the
rate for operations necessary to maintain the planned launch schedules
for the Joint Polar Satellite System.
``Sec. 152.  Amounts made available by section 101 for `Department
of Commerce--Bureau of the Census--Periodic Censuses and Programs' may
be apportioned up to the rate for operations necessary to maintain the
schedule and deliver the required data according to statutory deadlines
in the 2020 Decennial Census Program.
``Sec. 153.  Amounts made available by section 101 for `National
Aeronautics and Space Administration--Exploration' may be apportioned up
to the rate for operations necessary to maintain the planned launch
capability schedules for the Space Launch System launch vehicle,
Exploration Ground Systems, and Orion Multi-Purpose Crew Vehicle
programs.
``Sec. 154.  In addition to the amount otherwise provided by section
101, and notwithstanding section 104 and section 109, for `Department of
Justice--State and Local Law Enforcement Activities--Office of Justice
Programs--State and Local Law Enforcement Assistance', there is
appropriated $7,000,000, for an additional amount for the Edward Byrne
Memorial Justice Assistance Grant program for the purpose of providing
reimbursement of extraordinary law enforcement overtime costs directly
and solely associated with protection of the President-elect incurred
from November 9, 2016 until the inauguration of the President-elect as
President:

[[Page 1007]]

Provided, That reimbursement shall be provided only for overtime costs
that a State or local law enforcement agency can document as being over
and above normal law enforcement operations and directly attributable to
security for the President-elect.
``Sec. 155.  Notwithstanding sections 101, 102, and 104 of this Act,
from within amounts provided for `Department of Defense--Procurement--
Shipbuilding and Conversion, Navy', funds are provided for `Ohio
Replacement Submarine (AP)' at a rate for operations of $773,138,000.
``Sec. 156. (a) Notwithstanding sections 102 and 104 of this Act,
amounts made available pursuant to section 101 may be used for multiyear
procurement contracts, including advance procurement, for the AH-64E
Attack Helicopter and the UH-60M Black Hawk Helicopter.
``(b) The Secretary of the Army may exercise the authority conferred
in subsection (a) notwithstanding subsection (i)(1) of section 2306b of
title 10, United States Code, until the date of enactment of an Act
authorizing appropriations for fiscal year 2017 for military activities
of the Department of Defense, subject to satisfaction of all other
requirements of such section 2306b.
``Sec. 157.  Notwithstanding section 102, funds made available
pursuant to section 101 for `Department of Defense--Procurement--
Aircraft Procurement, Air Force' are provided for the KC-46A Tanker up
to the rate for operations necessary to support the production rate
specified in the President's fiscal year 2017 budget request.
``Sec. 158.  Notwithstanding section 101, section 301(d) of division
D of Public Law 114-113 shall not apply to amounts made available by
this Act for `Department of Energy--Atomic Energy Defense Activities--
National Nuclear Security Administration--Weapons Activities': Provided,
That <>  the Secretary of Energy shall
notify the Committees on Appropriations of the House of Representatives
and the Senate not later than 15 days after funds made available by this
Act for such account are allotted to a Department of Energy program,
project, or activity at a rate for operations that differs from that
provided under such heading in division D of Public Law 114-113 by more
than $5,000,000 or 10 percent.

``Sec. 159.  As authorized by section 404 of the Bipartisan Budget
Act of 2015 (Public Law 114-74; 42 U.S.C. 6239 note), the Secretary of
Energy shall draw down and sell not to exceed $375,400,000 of crude oil
from the Strategic Petroleum Reserve in fiscal year 2017: Provided, That
the proceeds from such drawdown and sale shall be deposited into the
`Energy Security and Infrastructure Modernization Fund' (in this section
referred to as the `Fund') during fiscal year 2017: Provided further,
That in addition to amounts otherwise made available by section 101, and
notwithstanding section 104, any amounts deposited in the Fund shall be
made available and shall remain available until expended at a rate for
operations of $375,400,000, for necessary expenses in carrying out the
Life Extension II project for the Strategic Petroleum Reserve.
``Sec. 160.  (a) Notwithstanding section 101, amounts are provided
for `Department of Energy--Energy Programs--Uranium Enrichment
Decontamination and Decommissioning Fund' at a rate for operations of
$767,014,000: Provided, That such amounts may not be reprogrammed below
the levels provided in the table referred to in section 301(d) of
division D of Public Law 114-113.

[[Page 1008]]

``(b) As of the date of the enactment of this section, section 123
of this Act shall not be in effect.
``Sec. 161.  In addition to amounts provided by section 101, amounts
are provided for `General Services Administration--Allowances and Office
Staff for Former Presidents' for the pension of the outgoing President
at a rate for operations of $157,000.
``Sec. 162. (a) <>  Short
Title.--This section may be cited as the `SOAR Funding Availability
Act'.

``(b) Requiring Use of Funds Remaining Unobligated From Previous
Fiscal Years.--Section 3007 of the Scholarships for Opportunity and
Results Act (sec. 38-1853.07, D.C. Official Code) is amended by adding
at the end the following:
`` `(e) Requiring Use Of Funds Remaining Unobligated From Previous
Fiscal Years.--
`` `(1) In general.--To the extent that any funds
appropriated for the opportunity scholarship program under this
division for any fiscal year remain available for subsequent
fiscal years under section 3014(c), the Secretary shall make
such funds available to eligible entities receiving grants under
section 3004(a) for the uses described in paragraph (2)--
`` `(A) in the case of any remaining funds that were
appropriated before the date of enactment of the SOAR
Funding Availability Act, beginning on the date of
enactment of such Act; and
`` `(B) in the case of any remaining funds
appropriated on or after the date of enactment of such
Act, by the first day of the first subsequent fiscal
year.
`` `(2) Use of funds.--If an eligible entity to which the
Secretary provided additional funds under paragraph (1) elects
to use such funds during a fiscal year, the eligible entity
shall use--
`` `(A) not less than 95 percent of such additional
funds to provide additional scholarships for eligible
students under subsection (a), or to increase the amount
of the scholarships, during such year; and
`` `(B) not more than a total of 5 percent of such
additional funds for administrative expenses, parental
assistance, or tutoring, as described in subsections
(b), (c), and (d), during such year.
`` `(3) Special rule.--Any amounts made available for
administrative expenses, parental assistance, or tutoring under
paragraph (2)(B) shall be in addition to any other amounts made
available for such purposes in accordance with subsections (b),
(c), and (d).'.

``(c) Availability of Funds.--Section 3014 of such Act (sec. 38-
1853.14, D.C. Official Code) is amended by adding at the end the
following:
`` `(c) Availability.--Amounts appropriated under subsection (a)(1),
including amounts appropriated and available under such subsection
before the date of enactment of the SOAR Funding Availability Act, shall
remain available until expended.'.
``(d) Effective Date.--The amendments made by this section shall
take effect on the date of enactment of this section.
``Sec. 163.  Amounts made available by section 101 for `U.S. Customs
and Border Protection--Operations and Support', `U.S. Immigration and
Customs Enforcement--Operations and Support', `Transportation Security
Administration--Operations and Support',

[[Page 1009]]

and `United States Secret Service--Operations and Support' accounts of
the Department of Homeland Security shall be apportioned at a rate for
operations as necessary, and apportioned to provide staffing levels as
necessary, to ensure border security, fulfill immigration enforcement
priorities, maintain aviation security activities, and carry out the
mission associated with the protection of the President-elect.
``Sec. 164.  Amounts made available by section 101 for `National
Gallery of Art--Salaries and Expenses' may be apportioned up to the rate
for operations necessary to provide for staffing, maintenance, security,
and administrative expenses for the recently reopened galleries.
``Sec. 165.  Amounts made available by section 101 for `Smithsonian
Institution--Salaries and Expenses' may be apportioned up to the rate
for operations necessary to provide for facilities maintenance,
facilities operations, security, and support at the National Museum of
African American History and Culture.
``Sec. 166.  Amounts made available by section 101 for `Department
of Health and Human Services--Indian Health Service--Indian Health
Services' and for `Department of Health and Human Services--Indian
Health Service--Indian Health Facilities', respectively, may be
apportioned up to the rate for operations necessary to provide for costs
of staffing and operating newly constructed facilities.
``Sec. 167. <>  Miners Health Benefits.--

``(a) In General.--This section may be cited as the `Continued
Health Benefits for Miners Act'.
``(b) Inclusion of Certain Retirees in the Multiemployer Health
Benefit Plan.--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 `A transfer' and inserting the following:
`` `(i) Transfer to the plan.--A transfer';
``(2) by redesignating clauses (i) and (ii) as subclauses
(I) and (II), respectively, and moving such subclauses 2 ems to
the right; and
``(3) by striking the matter following such subclause (II)
(as so redesignated) and inserting the following:
`` `(ii) Calculation of excess.--The excess
determined under clause (i) shall be calculated--
`` `(I) except as provided in
subclause (II), by taking into account
only those beneficiaries actually
enrolled in the Plan as of December 31,
2006, who are eligible to receive health
benefits under the Plan on the first day
of the calendar year for which the
transfer is made; and
`` `(II) <>  for
purposes of the transfer made for fiscal
year 2017, as if, for the period
beginning January 1, 2017, and ending
April 30, 2017, only--
`` `(aa) those beneficiaries
actually enrolled in the Plan as
of the date of the enactment of
the Continued Health Benefits
for Miners Act who are eligible
to receive health benefits under
the Plan on January 1, 2017,
other than those beneficiaries
enrolled in the Plan under the
terms of a participation
agreement with

[[Page 1010]]

the current or former employer
of such beneficiaries; and
`` `(bb) those beneficiaries
whose health benefits, defined
as those benefits payable
directly following death or
retirement or upon a finding of
disability 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,
were taken into account, and for any
other period during such fiscal year,
only the beneficiaries described in
subclause (I) were taken into account.
`` `(iii) Eligibility of certain retirees.--
Individuals referred to in clause (ii)(II)(bb)
shall be treated as eligible to receive health
benefits under the Plan for the plan year that
includes January 1, 2017.
`` `(iv) Requirements for transfer.--The
amount of the transfer otherwise determined under
this subparagraph for fiscal year 2017 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)(II).
`` `(v) VEBA transfer.--The administrator of
such voluntary employees' beneficiary association
shall transfer to the Plan any amounts received as
a result of such bankruptcy proceeding, reduced by
an amount for administrative costs of such
association.'.

``(c) Preservation of Payments to States and Indian Tribes.--
Subparagraph (B) of section 402(i)(3) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(i)(3)) is amended--
``(1) by striking `so that' and inserting `under paragraph
(1) so that';
``(2) by striking `each transfer' in clause (i) and
inserting `each such transfer'; and
``(3) by striking `this subsection' in clause (iii) and
inserting `paragraph (1)'.

``(d) Budgetary Effects.--
``(1) Statutory paygo scorecards.--The budgetary effects of
this section shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay-As-You-
Go Act of 2010.
``(2) Senate paygo scorecards.--The budgetary effects of
this section shall not be entered on any PAYGO scorecard
maintained for purposes of section 201 of S. Con. Res. 21 (110th
Congress).
``(3) 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 section shall not be estimated--

[[Page 1011]]

``(A) for purposes of section 251 of such Act; and
``(B) for purposes of paragraph (4)(C) of section 3
of the Statutory Pay-As-You-Go Act of 2010 as being
included in an appropriation Act.

``Sec. 168.  <> Notwithstanding section 111,
the fourth proviso under the heading `Department of Labor--Office of
Workers' Compensation Programs--Special Benefits' shall be applied by
substituting `$66,675,000' for `$62,170,000', `$22,740,000' for
`$21,140,000', `$16,866,000' for `$16,668,000' and `$4,101,000' for
`$1,394,000'.

``Sec. 169.  <> Section 458(a)(4) of the
Higher Education Act of 1965 (20 U.S.C. 1087h(a)(4)) shall be applied by
substituting `2017' for `2016'.

``Sec. 170. (a) Notwithstanding any other provision of law, the
Secretary of Health and Human Services (referred to in this section as
the `Secretary') may transfer up to $300,000,000 from the Fund
established by section 223 of the Department of Health and Human
Services Appropriations Act, 2008 (42 U.S.C. 3514a) to `Department of
Health and Human Services--Administration for Children and Families--
Refugee and Entrant Assistance' only for activities authorized under
section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) and
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232): Provided, <> That such funds transferred shall not be available for
obligation prior to February 1, 2017.

``(b) <>  In addition to amounts
provided by subsection (a), if after March 1, 2017, and before the date
specified in section 106(3), the Secretary, in consultation with the
Secretary of Homeland Security, determines that the percentage increase
in the cumulative number of cases transferred to the custody of the
Secretary pursuant to such sections 462 and 235 for the current fiscal
year over the number transferred through the comparable date in the
previous fiscal year exceeds 40 percent, an amount not to exceed
$200,000,000 may be made available to `Department of Health and Human
Services--Administration for Children and Families--Refugee and Entrant
Assistance' only for activities authorized under such sections 462 and
235.

``(c) <>  The Committees on
Appropriations of the House of Representatives and the Senate shall be
notified at least 15 days in advance of any funds being made available
under subsection (a).

``(d) <>  Of the unobligated balances available
in the Fund established by section 223 of the Department of Health and
Human Services Appropriations Act, 2008 (42 U.S.C. 3514a), $100,000,000
is hereby rescinded.

``Sec. 171.  <> Notwithstanding any other provision
of this Act, within 10 days of the enactment of this section, the
Secretary of Health and Human Services shall transfer funds appropriated
for fiscal year 2017 under section 4002 of Public Law 111-148 (42 U.S.C.
300u-11) to the accounts specified, in the amounts specified, and for
the activities specified in subsection (a) of section 221 of division H
of Public Law 114-113, except that the Secretary shall adjust the
amounts transferred to the Centers for Disease Control and Prevention
under this section to result in a total amount transferred to such
agency under this section that is $1,000,000 less than the total amount
transferred to such agency under such section 221:
Provided, <> That subsections (b) and (c)

[[Page 1012]]

of such section 221 shall apply to amounts transferred under this
section.

``Sec. 172.  <> The fifth proviso
under the heading `Social Security Administration--Limitation on
Administrative Expenses' in division H of Public Law 114-113 shall be
applied during the period covered by this Act by substituting `shall be
used for activities to address the hearing backlog within the Office of
Disability Adjudication and Review' for `shall be for necessary expenses
for the renovation and modernization of the Arthur J. Altmeyer
Building'.

``Sec. 173.  <> Activities authorized under part A
of title IV and section 1108(b) of the Social Security Act (except for
activities authorized in section 403(b)) shall continue through the date
specified in section 106(3) of this Act in the manner authorized for
fiscal year 2016, and out of any money in the Treasury of the United
States not otherwise appropriated, there are hereby appropriated such
sums as may be necessary for such purpose.

``Sec. 174.  The Secretary of Health and Human Services may use
discretionary amounts appropriated in this Act for the Department of
Health and Human Services to carry out section 399V-6 of the Public
Health Service Act (42 U.S.C. 280g-17).
``Sec. 175.  <> Notwithstanding any other
provision of law, no adjustment shall be made under section 601(a) of
the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) (relating to
cost of living adjustments for Members of Congress) during fiscal year
2017.

``Sec. 176. <>  Transfer of O'Neill Building
to House of Representatives.--(a) Transfer.--Effective <> upon the expiration of the 180-day period that
begins on the date of the enactment of this section--
``(1) the building described in subsection (e) shall become
an office building of the House of Representatives;
``(2) the Administrator of General Services shall transfer
custody, control, and administrative jurisdiction over the
building to the Architect of the Capitol; and
``(3) the Architect of the Capitol shall exercise custody,
control, and administrative jurisdiction over the building
subject to the direction of the House Office Building
Commission.

``(b) Treatment as House Office Building and Part of Capitol
Grounds.--Upon the transfer of custody, control, and administrative
jurisdiction under subsection (a), the building and grounds described in
subsection (e) shall be treated as a House Office Building and as part
of the United States Capitol Grounds for purposes of all laws, rules,
and regulations applicable to the House Office Buildings and the Capitol
Grounds, including--
``(1) chapter 51 of title 40, United States Code (relating
to the administration of the United States Capitol Buildings and
Grounds); and
``(2) section 9 of the Act entitled `An Act to define the
area of the United States Capitol Grounds, to regulate the use
thereof, and for other purposes', approved July 31, 1946 (2
U.S.C. 1961) (relating to the authority of the United States
Capitol Police to police the United States Capitol Buildings and
Grounds).

``(c) Authority of Architect of the Capitol to Enter Into Leases and
Other Agreements With Federal Departments and Agencies for Use of
Building.--

[[Page 1013]]

``(1) Authority described.--The Architect of the Capitol is
authorized to enter into leases and other agreements with
departments and agencies of the Federal Government for the use
of the building described in subsection (e) (or portions
thereof), subject to the approval of the House Office Building
Commission.
``(2) Collection of payments.--Pursuant to a lease or other
agreement entered into between the Architect of the Capitol and
a department or agency of the Federal Government under the
authority described in paragraph (1), the Architect of the
Capitol is authorized to collect payments from such department
or agency and such department or agency is authorized to make
payments to the Architect of the Capitol, including payments of
commercially-equivalent rent.
``(3) Treatment of payments.--Any payments received by the
Architect of the Capitol pursuant to any lease or other
agreement entered into under this subsection shall be deposited
to the appropriation available to the Architect of the Capitol
from the House Office Buildings Fund established under
subsection (d) and shall be subject to future appropriation.

``(d) House Office Buildings Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a fund to be known as the `House Office
Buildings Fund' (hereafter in this section referred to as the
`Fund').
``(2) Contents of fund.--The Fund shall consist of the
following amounts:
``(A) Amounts transferred by the Architect of the
Capitol under paragraph (3) of subsection (c).
``(B) Interest earned on the balance of the Fund.
``(C) Such other amounts as may be appropriated by
law.
``(3) Use of fund.--Amounts in the Fund shall be available
to the Architect of the Capitol for the maintenance, care, and
operation of the House office buildings, and may be used to
reimburse the United States Capitol Police, the House of
Representatives, or any other office of the legislative branch
which provides goods or services for the maintenance, care, and
operation of the building and grounds described in subsection
(e), in such amounts as may be appropriated under law.
``(4) Notification to committee on appropriations.--Upon
making any obligation or expenditure of any amount in the Fund,
the Architect of the Capitol shall notify the Committee on
Appropriations of the House of Representatives of the amount and
purpose of the obligation or expenditure.
``(5) Continuing availability of funds.--Amounts in the Fund
are available without regard to fiscal year limitation.

``(e) Description of Building and Grounds.--
``(1) Description.--The building and grounds described in
this subsection is the Federal building located in the District
of Columbia which is commonly known as the `Thomas P. O'Neill
Jr. Federal Building', and which is more particularly described
as follows: Square 579, Lot 827, at 200 C Street Southwest,
bounded by C Street Southwest on the north, by 2nd Street
Southwest on the east, by D Street Southwest on the south, and
by 3rd Street Southwest on the west, and by all that area
contiguous to and surrounding Square 579

[[Page 1014]]

from the property line thereof to the west curb of 3rd Street
Southwest, the north curb of C Street Southwest, the east curb
of 2nd Street Southwest, and the south curb of D Street
Southwest.
``(2) Retention of responsibilities of district of
columbia.--The Mayor of the District of Columbia will retain
responsibility for the maintenance and improvement of those
portions of the streets which are situated between the curb
lines of the streets referenced in paragraph (1).

``Sec. 177. (a) During the 115th Congress--
``(1) amounts made available for the Office of the Secretary
of the Conference of the Minority of the Senate shall be
available for the Office of the Assistant Minority Leader of the
Senate; and
``(2) the duties and authorities of the Secretary of the
Conference of the Minority of the Senate under section 3 of
title I of division H of the Consolidated Appropriations Act,
2008 (2 U.S.C. 6154), section 101 of chapter VIII of title I of
the Supplemental Appropriations Act, 1979 (2 U.S.C. 6156), or
any other provision of law shall be duties and authorities of
the Assistant Minority Leader of the Senate.

``(b) <>  For purposes of any individual
employed by the Office of the Assistant Minority Leader of the Senate
during the 115th Congress--
``(1) section 506(e) of the Supplemental Appropriations Act,
1973 (2 U.S.C. 6314(e)) shall be applied by substituting
`Assistant Minority Leader' for `Secretary of the Conference of
the Minority';
``(2) section 207(e)(9)(M) of title 18, United States Code,
shall be applied by substituting `Assistant Minority Leader' for
`secretary of the Conference of the Minority'; and
``(3) subsection (b) of the first section of S. Res. 458
(98th Congress) shall be applied by substituting `Assistant
Minority Leader' for `Secretary of the Conference of the
Minority'.

``(c) <>  For purposes of any individual
employed by the Office of the Assistant Minority Leader of the Senate
during the 115th Congress, with respect to any practice that occurs
during that Congress, section 220(e)(2)(C) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1351(e)(2)(C)) shall be applied by
substituting `the Office of the Assistant Minority Leader of the Senate'
for `the Office of the Secretary of the Conference of the Minority of
the Senate'.

``(d) Nothing in this section shall be construed to have any effect
on the continuation of any procedure or action initiated under the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) or
section 207 of title 18, United States Code.
``Sec. 178.  Section 21(d) of Senate Resolution 64 of the One
Hundred Thirteenth Congress, 1st session (agreed to on March 5, 2013) is
amended by striking `December 31, 2016' and inserting `December 31,
2018'.
``Sec. 179. Expedited Consideration of Certain Legislation.--
``(a) Qualifying Legislation Defined.--In this section, the term
`qualifying legislation' means a Senate bill or joint resolution--
``(1) <>  that is introduced in the
Senate during the 30-calendar day period beginning on the date
on which Congress convenes the First Session of the 115th
Congress;

[[Page 1015]]

``(2) the title of which is as follows: `To provide for an
exception to a limitation against appointment of persons as
Secretary of Defense within seven years of relief from active
duty as a regular commissioned officer of the Armed Forces.';
and
``(3) the matter after the enacting or resolving clause of
which is as follows:
`` `SECTION 1. EXCEPTION TO LIMITATION AGAINST APPOINTMENT OF
PERSONS AS SECRETARY OF DEFENSE
WITHIN SEVEN YEARS OF RELIEF FROM
ACTIVE DUTY AS REGULAR COMMISSIONED
OFFICERS OF THE ARMED FORCES.

`` `(a) In General.--Notwithstanding the second sentence of section
113(a) of title 10, United States Code, the first person appointed, by
and with the advice and consent of the Senate, as Secretary of Defense
after the date of the enactment of this Act may be a person who is, on
the date of appointment, within seven years after relief, but not within
three years after relief, from active duty as a commissioned officer of
a regular component of the Armed Forces.
`` `(b) <>  Limited Exception.--This section
applies only to the first person appointed as Secretary of Defense as
described in subsection (a) after the date of the enactment of this Act,
and to no other person.'.

``(b) <>  Introduction.--During the 30-calendar
day period described in subsection (a)(1), qualifying legislation may be
introduced in the Senate by the Majority Leader (or the Majority
Leader's designee), the Minority Leader (or the Minority Leader's
designee), the Chairman of the Committee on Armed Services, or the
Ranking Minority Member of the Committee on Armed Services.

``(c) Consideration in the Senate.--
``(1) Committee referral.--Qualifying legislation introduced
in the Senate shall be referred to the Committee on Armed
Services.
``(2) Reporting and discharge.--If the Committee on Armed
Services has not reported the qualifying legislation within 5
session days after the date of referral of the legislation, the
Committee shall be discharged from further consideration of the
legislation, and the qualifying legislation shall be placed on
the appropriate calendar.
``(3) Proceeding to consideration.--Notwithstanding Rule
XXII of the Standing Rules of the Senate, it is in order at any
time after the Committee on Armed Serves reports the qualifying
legislation to the Senate or has been discharged from its
consideration (even though a previous motion to the same effect
has been disagreed to) to move to proceed to the consideration
of the qualifying legislation, and all points of order against
the qualifying legislation (and against consideration of the
qualifying legislation) are waived. The motion to proceed is not
debatable. The motion is not subject to a motion to postpone. A
motion to reconsider the vote by which the motion is agreed to
or disagreed to shall not be in order. If a motion to proceed to
the consideration of the qualifying legislation is agreed to,
the qualifying legislation shall remain the unfinished business
until disposed of.

[[Page 1016]]

``(4) Consideration.--Consideration of the qualifying
legislation, and all debate, debatable motions, and appeals in
connection therewith, shall be limited to not more than 10
hours, which shall be divided equally between, and controlled
by, the Majority Leader and the Minority Leader or their
designees. A motion to further limit debate is in order and not
debatable. An amendment to, or a motion to postpone, or a motion
to proceed to the consideration of other business, or a motion
to recommit the qualifying legislation is not in order.
``(5) Vote on passage.--The vote on passage shall occur
immediately following the conclusion of the debate on the
qualifying legislation and a single quorum call at the
conclusion of the debate, if requested in accordance with the
rules of the Senate. Passage of the qualifying legislation shall
require an affirmative vote of three-fifths of the Members, duly
chosen and sworn.
``(6) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate, as the case may be, to the procedure relating to
qualifying legislation shall be decided without debate.
``(7) Consideration of veto messages.--Consideration in the
Senate of any veto message with respect to the qualifying
legislation, including all debate, debatable motions, and
appeals in connection therewith, shall be limited to 10 hours,
to be equally divided between, and controlled by, the Majority
Leader and the Minority Leader or their designees.

``(d) Rules of the Senate.--This section is enacted--
``(1) as an exercise of the rulemaking power of the Senate
and as such is deemed a part of the rules of the Senate, but
applicable only with respect to the procedure to be followed in
the Senate in the case of qualifying legislation described in
subsection (a), and supersedes other rules only to the extent
that this section is inconsistent with such rules; and
``(2) with full recognition of the constitutional right of
the Senate to change the rules (so far as relating to the
procedure of the Senate) at any time, in the same manner, and to
the same extent as in the case of any other rule of the Senate.

``Sec. 180.  Section 133 of division L, title I of the Consolidated
Appropriations Act, 2016, Public Law 114-113, <> is amended to read as follows:

`` `(a) <>  None of the
funds appropriated or otherwise made available by this Act or any other
Act may be used to implement, administer, or enforce the requirement for
two off-duty periods from 1:00 a.m. to 5:00 a.m. under paragraph
395.3(c) or the restriction on use of more than one restart during a
168-hour period under paragraph 395.3(d) of title 49, Code of Federal
Regulations, and those provisions shall have no force or effect upon
submission of the final report issued by the Secretary of
Transportation, as required by section 133 of division K of Public Law
113-235, unless the Secretary and the Inspector General of the
Department of Transportation each review and determine that the final
report.
`` `(1) meets the statutory requirements set forth in such
section; and
`` `(2) establishes that commercial motor vehicle drivers
who operated under the restart provisions in operational effect
between July 1, 2013, and the day before the date of enactment

[[Page 1017]]

of such Public Law demonstrated statistically significant
improvement in all outcomes related to safety, operator fatigue,
driver health and longevity, and work schedules, in comparison
to commercial motor vehicle drivers who operated under the
restart provisions in operational effect on June 30, 2013.

`` `(b) If the Secretary and the Inspector General do not each make
the findings outlined in subsection (a) of this section with respect to
the final report, hereafter, the 34-hour restart rule in operational
effect on June 30, 2013 shall be restored to full force and effect on
the date that the Secretary submits the final report to the Committees
on Appropriations of the House of Representatives and the Senate, and
funds appropriated or otherwise made available by this Act or any other
Act shall be available to implement, administer, or enforce the rule.'.
``Sec. 181. (a) Funds made available by section 101 for `Department
of Transportation--Federal Aviation Administration--Operations' may be
apportioned up to the rate for operations necessary to avoid disruption
of continuing projects or activities funded by this appropriation.
``(b) <>  Notwithstanding section 101, the
matter preceding the first proviso under the heading `Department of
Transportation--Federal Aviation Administration--Facilities and
Equipment' in division L of Public Law 114-113 shall be applied by
substituting `$479,412,000' for `$470,049,000' and `$2,375,588,000' for
`$2,384,951,000'.

``Sec. 182. (a) Amounts available under section 101 for `Department
of Transportation--Maritime Administration--Operations and Training' for
facilities maintenance and repair, equipment, and capital improvements
at the United States Merchant Marine Academy, and any available prior
year balances for the Student Incentive Program at State Maritime
Academies may, either in whole or part, be used for costs associated
with the midshipmen Sea Year training program of the Academy without
regard to any limitations on reprogramming or transfer under division L
of Public Law 114-113 or otherwise applicable under a provision of this
Act.
``(b) The matter under the heading `Department of Transportation--
Maritime Administration--Operations and Training' in division L of
Public Law 114-113 <> is amended by striking the
third proviso (relating to an Academy spending plan).

``Sec. 183.  Amounts made available by section 101 for `Department
of Housing and Urban Development--Public and Indian Housing--Tenant-
Based Rental Assistance' may be apportioned up to the rate for
operations necessary to renew grants for rental assistance and
administrative costs that were provided pursuant to the third through
tenth provisos of paragraph (5) under such heading in title II of
division K of Public Law 113-235 (128 Stat. 2732).
``Sec. 184.
<> Notwithstanding any
other provision of law, if not later than 10 days after the end of the
Second Session of the 114th Congress, the Office of Management and
Budget (`OMB') determines that the total of enacted appropriations for
fiscal year 2017 subject to the discretionary spending limits in section
251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985,
excluding any appropriations that would result in adjustments under
section 251(b)(2) of such Act, does not exceed the sum of the unadjusted
discretionary spending limits for fiscal year 2017

[[Page 1018]]

in section 251(c)(4) of such Act and provides written notification of
that determination, then the final sequestration report for fiscal year
2017 under section 254(f)(1) of such Act and any order for fiscal year
2017 under section 254(f)(5) of such Act shall be issued, for the
Congressional Budget Office, 10 days after the date specified in section
106(3) of this Act and, for OMB, 15 days after the date specified in
section 106(3) of this Act: Provided, That the written notification
required by this section shall include the total dollar amount and
estimated uniform percentage that would be required to eliminate a
breach within a category if OMB were to issue such final sequestration
report and order pursuant to the timetable in section 254(a) of such
Act.

``Sec. 185.  Notwithstanding any other provision of this Act, and in
addition to the amount otherwise provided by section 101 for the
`Emergency Watershed Protection Program', there is appropriated
$103,140,000 for an additional amount for fiscal year 2017, to remain
available until expended, and for the `Emergency Conservation Program',
there is appropriated $102,978,524 for an additional amount for fiscal
year 2017, to remain available until expended: Provided, That all
amounts made available by this section 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.
``Sec. 186.  Notwithstanding any other provision of this Act, and in
addition to the amount otherwise provided by section 101, there is
appropriated $74,700,000 for an additional amount for fiscal year 2017,
to remain available until expended, for `National Aeronautics and Space
Administration--Construction and Environmental Compliance and
Restoration' for repairs at National Aeronautics and Space
Administration facilities damaged by Hurricane Matthew: 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. 187.  Notwithstanding any other provision of this Act, and in
addition to the amount otherwise provided by section 101, there is
appropriated $54,827,000 for `Corps of Engineers-Civil--Construction'
for an additional amount for fiscal year 2017, to remain available until
expended, for necessary expenses to address emergency situations at
Corps of Engineers projects, and to rehabilitate and repair damages to
Corps of Engineers projects, caused by 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: Provided further, <> That beginning not later than 60 days after
the date of enactment of this section, the Assistant Secretary of the
Army for Civil Works shall provide monthly reports to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the allocation and obligation of these funds.

``Sec. 188.  Notwithstanding any other provision of this Act, and in
addition to the amount otherwise provided by section 101, there is
appropriated $290,708,000 for `Corps of Engineers-Civil--Mississippi
River and Tributaries' for an additional amount for fiscal year 2017, to
remain available until expended, for necessary expenses to dredge
navigation projects in response to, and repair damages to Corps of
Engineers projects caused by, natural disasters:

[[Page 1019]]

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: Provided
further, <> That beginning not
later than 60 days after the date of enactment of this section, the
Assistant Secretary of the Army for Civil Works shall provide monthly
reports to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and obligation
of these funds.

``Sec. 189.  Notwithstanding any other provision of this Act, and in
addition to the amount otherwise provided by section 101, there is
appropriated $259,574,000 for `Corps of Engineers-Civil--Operation and
Maintenance' for an additional amount for fiscal year 2017, to remain
available until expended, for necessary expenses to dredge navigation
projects in response to, and repair damages to Corps of Engineers
projects caused by, 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: Provided further, <> That beginning not later than 60 days after
the date of enactment of this section, the Assistant Secretary of the
Army for Civil Works shall provide monthly reports to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the allocation and obligation of these funds.

``Sec. 190.  Notwithstanding any other provision of this Act, and in
addition to the amount otherwise provided by section 101, there is
appropriated $419,891,000 for `Corps of Engineers-Civil--Flood Control
and Coastal Emergencies', as authorized by section 5 of the Act of
August 18, 1941 (33 U.S.C. 701n), for an additional amount for fiscal
year 2017, to remain available until expended, for necessary expenses 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: 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: Provided further, <> That beginning not later than 60 days after
the date of enactment of this section, the Assistant Secretary of the
Army for Civil Works shall provide monthly reports to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the allocation and obligation of these funds.

``Sec. 191.  Notwithstanding any other provision of this Act, and in
addition to any amount otherwise provided by section 101 for the
`Emergency Relief Program', as authorized by section 125 of title 23,
United States Code, there is appropriated $1,004,017,000 for fiscal year
2017, 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. 192. (a) Notwithstanding any other provision of this Act, and
in addition to the amount otherwise provided by section 101 for
`Department of Housing and Urban Development--Community Planning and
Development--Community Development Fund', there is appropriated
$1,808,976,000 for an additional amount for fiscal year 2017, to remain
available until expended, that is identical to the additional
appropriation for fiscal year 2016 in section 145(a) of this Act (except
that `enactment of this Act' shall be treated as referring to enactment
of this section, and except for the last

[[Page 1020]]

proviso under such subsection), and with respect to which the same
authority and conditions shall be in effect: Provided, That of the
amount made available by this subsection, $1,416,000,000 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, and $392,976,000 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.
``(b) Of the amounts made available by subsection (a) and 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, up to $3,000,000 may be transferred, in aggregate, to
`Department of Housing and Urban Development--Program Office Salaries
and Expenses--Community Planning and Development' for necessary costs,
including information technology costs, of administering and overseeing
the obligation and expenditure of amounts in section 145 and all amounts
in this section.
``Sec. 193.  Notwithstanding any other provision of this Act, and in
addition to amounts otherwise provided by section 101, an additional
amount for fiscal year 2017 of $20,000,000, to remain available until
expended, is provided for `Department of Health and Human Services--Food
and Drug Administration-FDA Innovation Account' (in this section
referred to as the `Account'): Provided, That such amounts are
appropriated pursuant to section 1002(b)(3) of the 21st Century Cures
Act, are to be derived from amounts transferred under section
1002(b)(2)(A) of such Act, are for the necessary expenses to carry out
the purposes described under section 1002(b)(4) of such Act, and may be
transferred by the Commissioner of Food and Drugs to the appropriation
for `Department of Health and Human Services--Food and Drug
Administration--Salaries and Expenses' solely for the purposes provided
in such Act: Provided further, <> That upon a determination by the Commissioner that funds
transferred pursuant to the previous proviso are not necessary for the
purposes provided, such amounts may be transferred back to the Account:
Provided further, That this transfer authority is in addition to any
other transfer authority provided by law.

``Sec. 194.  Notwithstanding any other provision of this Act, and in
addition to amounts otherwise provided by section 101, an additional
amount for fiscal year 2017 of $352,000,000, to remain available until
expended, is provided for `Department of Health and Human Services--
National Institutes of Health--NIH Innovation Account' (in this section
referred to as the `Account'): Provided, That such amounts are
appropriated pursuant to section 1001(b)(3) of the 21st Century Cures
Act, are to be derived from amounts transferred under section
1001(b)(2)(A) of such Act, are for the necessary expenses to carry out
the purposes described in section 1001(b)(4) of such Act and in the
amounts provided for fiscal year 2017 in such section 1001(b)(4), and
may be transferred by the Director of the National Institutes of Health
to other accounts of the National Institutes of Health solely for the
purposes provided in such Act: Provided
further, <> That upon a
determination by the Director that funds transferred pursuant to the
previous proviso are not necessary for the purposes provided, such
amounts may be transferred back to the Account: Provided further, That
this

[[Page 1021]]

transfer authority is in addition to any other transfer authority
provided by law.

``Sec. 195.  Notwithstanding any other provision of this Act, and in
addition to amounts otherwise provided by section 101, an additional
amount for fiscal year 2017 of $500,000,000, to remain available until
expended, is provided for `Department of Health and Human Services--
Office of the Secretary--Account For the State Response to the Opioid
Abuse Crisis' (in this section referred to as the `Account'): Provided,
That such amounts are appropriated pursuant to section 1003(b)(3) of the
21st Century Cures Act, are to be derived from amounts transferred under
section 1003(b)(2)(A) of such Act, are for the necessary expenses to
carry out the purposes described under section 1003(c) of such Act, and
may be transferred by the Secretary of Health and Human Services to
other accounts of the Department solely for the purposes provided in
such Act: Provided further, <> That upon a determination by the Secretary that funds
transferred pursuant to the previous proviso are not necessary for the
purposes provided, such amounts may be transferred back to the Account:
Provided further, That this transfer authority is in addition to any
other transfer authority provided by law.

``Sec. 196. (a) Notwithstanding any other provision of this Act, in
addition to the amount otherwise provided by section 101 for
`Environmental Protection Agency--State and Tribal Assistance Grants',
there is appropriated $100,000,000 for an additional amount for fiscal
year 2017, to remain available until expended, for making capitalization
grants for the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act pursuant to section 2201 of the Water and
Waste Act of 2016.
``(b) <>  The last proviso of
paragraph (1) under the heading `Environmental Protection Agency--State
and Tribal Assistance Grants' in division G of Public Law 114-113 shall
be applied to amounts made available by this section by substituting for
`only where such debt was incurred on or after the date of enactment of
this Act' the following: `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 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'.

``Sec. 197. (a) <>  Notwithstanding any other
provision of this Act, there is provided for `Environmental Protection
Agency--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 (33 U.S.C. 3901 et seq.), $20,000,000, 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

[[Page 1022]]

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 $2,073,000,000.

``(b) In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3908 and 3909) shall be credited to
the appropriation made by this section to remain available until
expended.
``(c) Of the amounts provided under subsection (a), not to exceed
$3,000,000 shall be 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 (33 U.S.C. 3912).
``Sec. 198.  Notwithstanding any other provision of this Act, in
addition to the amount otherwise provided by section 101 for `Department
of Health and Human Services--Centers for Disease Control and
Prevention--Environmental Health', for carrying out section 2203 of the
Water and Waste Act of 2016, there is appropriated $20,000,000, to
remain available until September 30, 2020, of which $17,500,000 shall be
for carrying out section 2203(b) of the Water and Waste Act of 2016 and
$2,500,000 shall be for carrying out section 2203(c) of the Water and
Waste Act of 2016: Provided, That such funds may be made available to
the Agency for Toxic Substances and Disease Registry or the Centers for
Disease Control and Prevention, at the discretion of the Secretary of
Health and Human Services, for carrying out such sections of the Water
and Waste Act of 2016.
``Sec. 199.  <> Notwithstanding any other
provision of this Act, in addition to the amount otherwise provided by
section 101 for `Department of Health and Human Services--Centers for
Disease Control and Prevention--Environmental Health', for carrying out
section 2204(a) of the Water and Waste Act of 2016, there is
appropriated $15,000,000, to remain available until September 30, 2018,
for childhood lead poisoning prevention programs authorized under
section 317A of the Public Health Service Act (42 U.S.C. 247b-1).

``Sec. 200.  Notwithstanding any other provision of this Act, in
addition to the amount otherwise provided by section 101 for `Department
of Health and Human Services--Health Resources and Services
Administration--Maternal and Child Health', for carrying out section
2204(b) of the Water and Waste Act of 2016, there is appropriated
$15,000,000, to remain available until September 30, 2018, for the
Healthy Start Initiative authorized under section 330H of the Public
Health Service Act (42 U.S.C. 254c-8).
``Sec. 201. (a) Of any available amounts appropriated under section
301(b)(3) of Public Law 114-10, $170,000,000 is rescinded immediately
upon enactment of this section.
``(b) In the Senate, the budgetary effects of this section shall not
count for purposes of the amount in section 3103(b)(3) of the concurrent
resolution on the budget for fiscal year 2016 (S. Con. Res. 11) when
determining points of order pursuant to section 3103(b)(1) of that
section of that concurrent resolution.''.
This division may be cited as the ``Further Continuing
Appropriations Act, 2017''.

[[Page 1023]]

DIVISION <>  B--
SECURITY ASSISTANCE APPROPRIATIONS ACT, 2017

The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2017, and for other purposes, namely:

TITLE I

DEPARTMENT OF DEFENSE

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'',
$196,964,000, of which $94,034,000 is to support counter-terrorism
operations and $102,930,000 is to support the European Reassurance
Initiative: 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'',
$10,484,000, of which $7,354,000 is to support counter-terrorism
operations and $3,130,000 is to support the European Reassurance
Initiative: 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'',
$5,840,000, to support counter-terrorism operations: 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'',
$51,830,000, of which $37,640,000 is to support counter-terrorism
operations and $14,190,000 is to support the European Reassurance
Initiative: 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 1024]]

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For an additional amount for ``Operation and Maintenance, Army'',
$3,173,679,000, of which $2,734,952,000 is to support counter-terrorism
operations and $438,727,000 is to support the European Reassurance
Initiative: 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'',
$97,881,000, of which $95,531,000 is to support counter-terrorism
operations and $2,350,000 is to support the European Reassurance
Initiative: 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'', $180,546,000, of which $168,446,000 is to support counter-
terrorism operations and $12,100,000 is to support the European
Reassurance Initiative: 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'', $428,046,000, of which $382,496,000 is to support counter-
terrorism operations and $45,550,000 is to support the European
Reassurance Initiative: 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'', $446,283,000, of which $412,959,000 is to support counter-
terrorism operations and $33,324,000 is to support the European
Reassurance Initiative: 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.

Iraq Train and Equip Fund

For an additional amount for ``Iraq Train and Equip Fund'',
$289,500,000, to support counter-terrorism operations: Provided, That
such amount is designated by the Congress for Overseas

[[Page 1025]]

Contingency 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

Missile Procurement, Army

For an additional amount for ``Missile Procurement, Army'',
$229,100,000, to support counter-terrorism operations: 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'',
$72,000,000, to support counter-terrorism operations: 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'', $201,563,000, to support counter-terrorism operations:
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'',
$83,900,000, to support counter-terrorism operations: 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'',
$137,884,000, to support counter-terrorism operations: Provided, That
such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $78,700,000, to support counter-terrorism
operations: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism

[[Page 1026]]

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'', $3,000,000, to support counter-terrorism
operations: 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

Joint Improvised Explosive Device Defeat Fund

For an additional amount for ``Joint Improvised Explosive Device
Defeat Fund'', $87,800,000, to support counter-terrorism operations:
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 STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS

DEPARTMENT OF STATE

Administration of Foreign Affairs

diplomatic and consular programs

For an additional amount for ``Diplomatic and Consular Programs'',
$1,052,400,000 to remain available until September 30, 2018, of which
$927,189,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That such funds are for operational
and security requirements to support activities to counter the Islamic
State of Iraq and the Levant, other terrorist organizations, and violent
extremism in Africa, Europe and Eurasia, the Middle East, and South and
Central Asia, and to counter Russian influence: 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'',
$2,500,000, 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.

[[Page 1027]]

embassy security, construction, and maintenance

For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $654,411,000, to remain available until expended, for
construction of, and security enhancements for, United States diplomatic
facilities in Africa, Europe and Eurasia, the Middle East, and South and
Central Asia, of which $618,411,000 is for Worldwide Security Upgrades:
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'', $5,000,000, to
remain available until September 30, 2018, for operational and security
requirements to support activities to counter the Islamic State of Iraq
and the Levant, other terrorist organizations, and violent extremism in
Africa, Europe and Eurasia, the Middle East, and South and Central Asia:
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.

capital investment fund

For an additional amount for ``Capital Investment Fund'',
$25,000,000, to remain available until expended, for the Capital
Security Cost Sharing Program: 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.

office of inspector general

For an additional amount for ``Office of Inspector General'',
$2,500,000, 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'',
$616,100,000, to remain available until expended, for international
disaster relief, rehabilitation, and reconstruction assistance,
including in Africa, Europe and Eurasia, the Middle East, and South and
Central Asia: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/

[[Page 1028]]

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.

transition initiatives

For an additional amount for ``Transition Initiatives'',
$50,234,000, to remain available until expended, for programs to counter
the Islamic State of Iraq and the Levant, other terrorist organizations,
and violent extremism, and address the needs of populations impacted by
such organizations: 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'',
$1,030,555,000, to remain available until September 30, 2018, for
programs to counter the Islamic State of Iraq and the Levant, other
terrorist organizations, and violent extremism, and address the needs of
populations impacted by such organizations: Provided, That funds
appropriated under this heading shall be made available for programs
that include activities to document, investigate, and prosecute
genocide, crimes against humanity, war crimes, and other human rights
violations in Iraq and Syria, including to build capacity of Syrian and
Iraqi investigators; atrocity prevention, transitional justice,
reconciliation, and reintegration programs for vulnerable and persecuted
minorities and ethnic groups in the Middle East and North Africa; and
support for higher education institutions in Iraq: Provided further,
That such funds shall also be made available for assistance for major
non-North Atlantic Treaty Organization allies in the Middle East and
North Africa, including Jordan and Tunisia: 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.

assistance for europe, eurasia and central asia

For an additional amount for ``Assistance for Europe, Eurasia and
Central Asia'', $157,000,000, to remain available until September 30,
2018, for programs to counter Russian influence: Provided, That funds
appropriated under this heading shall be made available for assistance
for Ukraine, Georgia, and other countries affected by Russian
aggression: Provided further, That of the funds appropriated under this
heading, up to $6,000,000 may be transferred to, and merged with, funds
appropriated under the heading ``Broadcasting Board of Governors--
International Broadcasting Operations'' for programs to counter Russian
influence:  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.

[[Page 1029]]

Department of State

migration and refugee assistance

For an additional amount for ``Migration and Refugee Assistance'',
$300,000,000, to remain available until expended, to respond to refugee
and migration crises, including in Africa, Europe and Eurasia, the
Middle East, and South and Central Asia, except that such funds shall
not be made available for the resettlement costs of refugees in the
United States: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.

INTERNATIONAL SECURITY ASSISTANCE

Department of State

international narcotics control and law enforcement

For an additional amount for ``International Narcotics Control and
Law Enforcement'', $26,300,000, to remain available until September 30,
2018, for programs in Africa, Europe and Eurasia, and the Middle East:
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'', $128,000,000, to remain available until
September 30, 2018, for anti-terrorism, demining and related programs
and activities in Africa and the Middle East: 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'',
$50,000,000, to remain available until September 30, 2018, for
equipment, training, logistics, and related support for peacekeeping,
stabilization, and counter-terrorism programs in Africa and the Middle
East: Provided, That funds appropriated under this heading may be made
available for a United States contribution to the Multinational Force
and Observers mission in the Sinai: 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.

[[Page 1030]]

Funds Appropriated to the President

foreign military financing program

For an additional amount for ``Foreign Military Financing Program'',
$200,000,000, to remain available until September 30, 2018, for
assistance for countries in Africa, Europe and Eurasia, and the Middle
East: Provided, That funds appropriated under this heading shall be made
available for assistance for Ukraine, Georgia, the Baltic states,
Tunisia, and Jordan: 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.

GENERAL PROVISIONS

extension of authorities and conditions

Sec. 201.  Unless otherwise provided for by this title, 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 for fiscal year 2017.

notification requirement

Sec. 202.  <> Funds appropriated by this title
shall not be available for obligation unless the Secretary of State or
the Administrator of the United States Agency for International
Development, as appropriate, has notified the Committees on
Appropriations in writing at least 15 days in advance of such
obligation: Provided, That the requirement of this section shall not
apply to funds made available by this title under the headings
``Department of State--Administration of Foreign Affairs--Office of
Inspector General'', ``United States Agency for International
Development--Funds Appropriated to the President--Office of Inspector
General'', ``Bilateral Economic Assistance--Funds Appropriated to the
President--International Disaster Assistance'', and ``Bilateral Economic
Assistance--Department of State--Migration and Refugee Assistance''.

transfer authority

Sec. 203. (a) <>  Funds appropriated
by this title under the headings ``Diplomatic and Consular Programs'',
including for Worldwide Security Protection, and ``Embassy Security,
Construction, and Maintenance'' may be transferred to, and merged with,
funds appropriated by this title 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.

(b) Funds appropriated by this title under the headings
``International Disaster Assistance'' and ``Migration and Refugee
Assistance'' may be transferred to, and merged with, funds appropriated
by this title under such headings.
(c) Funds appropriated by this title under the headings ``Economic
Support Fund'' and ``Assistance for Europe, Eurasia and

[[Page 1031]]

Central Asia'' may be transferred to, and merged with, funds
appropriated by this title under the heading ``International Disaster
Assistance''.
(d) Funds appropriated by this title 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.
(e) <>  The transfer authority
provided by this section 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.

consolidated reporting requirement

Sec. 204.  Not later than 45 days after enactment of this Act and
prior to the initial obligation of funds made available by this title,
the Secretary of State and the Administrator of the United States Agency
for International Development shall submit a consolidated report to the
Committees on Appropriations on the anticipated uses of such funds on a
country and project basis for which the obligation of funds is
anticipated, including estimated personnel and administrative costs:
Provided, That such report shall be updated and submitted to such
Committees every 60 days until September 30, 2018, and every 180 days
thereafter until all funds have been expended: Provided further, That
funds appropriated by this title under the headings ``International
Disaster Assistance'' and ``Migration and Refugee Assistance'' may be
obligated prior to submission of the report required by this section.

loan authority

Sec. 205. (a) Funds appropriated by this title under the heading
``Economic Support Fund'' and in prior Acts making appropriations for
the Department of State, foreign operations, and related programs under
such heading may be made available for the costs, as defined in section
502 of the Congressional Budget Act of 1974, of loan guarantees for
Iraq, which are authorized to be provided: Provided, That amounts made
available under this subsection for the costs of such guarantees shall
not be considered assistance for the purposes of provisions of law
limiting assistance to a country: Provided further, That the Secretary
of State should obtain a commitment from the Government of Iraq that
such government will make available the proceeds of such financing to
regions and governorates, including the Kurdistan Region of Iraq, in a
manner consistent with the principles of equitable share of national
revenues contained in clause ``Third'' of Article 121 of the
Constitution of Iraq: Provided
further, <> That such
funds shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, except
that any such notification shall include a detailed summary of the terms
and conditions of such financing and an assessment of the extent to
which the proposed financing agreement between the Governments of the
United States and Iraq supports the constitutional principles of
equitable share of national revenues to regions and governorates,
including the Kurdistan Region of Iraq.

[[Page 1032]]

(b) <>  Notwithstanding any provision
of this Act, the authority provided by section 1101 of division O of the
Consolidated Appropriations Act, 2016 (Public Law 114-113) shall
continue in effect through fiscal year 2017: Provided, That any
notification submitted pursuant to such section shall include a detailed
summary of the terms and conditions of such loan and an assessment of
the extent to which use of the proposed loan proceeds would place
special emphasis on the Kurdish Peshmerga, Sunni tribal security forces,
or other local security forces, with a national security mission.

(c) <>  Funds made available pursuant to this
section and section 7034(o)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2016 (division K of
Public Law 114-113) 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 and
shall be available only if the President subsequently so designates all
such amounts and transmits such designations to the Congress.

personal services contracts

Sec. 206.  Funds appropriated by this title to support counter-
terrorism and countering violent extremism programs, including
activities to counter the Islamic State of Iraq and the Levant, may be
used to enter into contracts with individuals for the provision of
personal services (as described in section 37.104 of title 48, Code of
Federal Regulations (48 CFR 37.104)) in the United States or abroad:
Provided, That such individuals may not be deemed employees of the
United States for the purposes of any law administered by the Office of
Personnel <> Management: Provided further, That
the authority made available pursuant to this section shall expire on
September 30, 2018.

This division may be cited as the ``Security Assistance
Appropriations Act, 2017''.

Approved December 10, 2016.

LEGISLATIVE HISTORY--H.R. 2028:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-91 (Comm. on Appropriations).
SENATE REPORTS: No. 114-54 (Comm. on Appropriations).
CONGRESSIONAL RECORD:
Vol. 161 (2015):
Apr. 29-May 1, considered and passed
House.
Vol. 162 (2016):
Apr. 20, 21, 25-28, May 9-12,
considered and passed Senate,
amended.
Dec. 8, House concurred in Senate
amendment with an amendment.
Senate considered concurring in
House amendment.
Dec. 9, Senate concurred in House
amendment.