[United States Statutes at Large, Volume 131, 115th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
*Public Law 115-31
115th Congress
An Act
Making appropriations for the fiscal year ending September 30, 2017, and
for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
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
__________
* See Endnote on 131 Stat. 842.
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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
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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--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017
DIVISION O--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.''.
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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.
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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.
[[Page 140]]
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).
[[Page 141]]
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
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the Department of Agriculture, where not otherwise provided, $99,600,000
to remain available until expended.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$849,518,000, which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, capacity
building for non-land-grant colleges of agriculture, the agriculture and
food research initiative, veterinary medicine loan repayment,
multicultural scholars, graduate fellowship and institution challenge
grants, and grants management systems shall remain available until
expended: Provided further, That each institution eligible to receive
funds under the Evans-Allen program receives no less than $1,000,000:
Provided further, That funds for education grants for Alaska Native and
Native Hawaiian-serving institutions be made available to individual
eligible institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii: Provided
further, That funds for education grants for 1890 institutions shall be
made available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent of the
amounts made available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C. 450i(b) may be
retained by the Secretary of Agriculture to pay administrative costs
incurred by the Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain available
until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico, Guam,
the Virgin Islands, Micronesia, the Northern Marianas, and American
Samoa, $477,391,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute of Food and
Agriculture, Extension Activities'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for facility improvements at
1890 institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7 U.S.C. 3221
for cooperative extension receive no less than $1,000,000: Provided
further, That funds for cooperative extension under sections 3(b) and
(c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c)
of Public Law 93-471 shall be available for retirement and employees'
compensation costs for extension agents.
[[Page 143]]
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
[[Page 144]]
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
[[Page 145]]
services division: Provided further, That of the amounts made available
under this heading, no more than $1,000,000 shall be used for the
purpose of Public Law 114-216: Provided further, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That <> if crop size is understated and/or other
uncontrollable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Committees on Appropriations of
both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $20,705,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,235,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $43,482,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That <> if grain export activities
require additional
[[Page 146]]
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
[[Page 147]]
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
[[Page 148]]
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
[[Page 149]]
to fiscal year limitations as provided by section 104 of the Government
Corporation Control Act as may be necessary in carrying out the programs
set forth in the budget for the current fiscal year for such corporation
or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
available to the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $901,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve
[[Page 150]]
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.
[[Page 151]]
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
[[Page 152]]
1, 2017: <>
Provided further, That the Secretary shall implement provisions to
provide incentives to nonprofit organizations and public housing
authorities to facilitate the acquisition of Rural Housing Service (RHS)
multifamily housing properties by such nonprofit organizations and
public housing authorities that commit to keep such properties in the
RHS multifamily housing program for a period of time as determined by
the Secretary, with such incentives to include, but not be limited to,
the following: allow such nonprofit entities and public housing
authorities to earn a Return on Investment (ROI) on their own resources
to include proceeds from low income housing tax credit syndication, own
contributions, grants, and developer loans at favorable rates and terms,
invested in a deal; and allow reimbursement of organizational costs
associated with owner's oversight of asset referred to as ``Asset
Management Fee'' (AMF) of up to $7,500 per property.
In addition, for the cost of direct loans, grants, and contracts, as
authorized by 42 U.S.C. 1484 and 1486, $15,387,000, to remain available
until expended, for direct farm labor housing loans and domestic farm
labor housing grants and contracts: Provided, That any balances
available for the Farm Labor Program Account shall be transferred to and
merged with this account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $412,254,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance program <>
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) or agreements entered into in lieu
of debt forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949, $1,405,033,000, of
which $40,000,000 shall be available until September 30, 2018; and in
addition such sums as may be necessary, as authorized by section 521(c)
of the Act, to liquidate debt incurred prior to fiscal year 1992 to
carry out the rental assistance program under section 521(a)(2) of the
Act: Provided, That <> rental assistance
agreements entered into or renewed during the current fiscal year shall
be funded for a one-year period: Provided further, That any unexpended
balances remaining at the end of such one-year agreements may be
transferred and used for purposes of any debt reduction; maintenance,
repair, or rehabilitation of any existing projects; preservation; and
rental assistance activities authorized under title V of the Act:
Provided further, That <> rental assistance
provided under agreements entered into prior to fiscal year 2017 for a
farm labor multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another project until
such assistance has remained unused for a period of 12 consecutive
months, if such project has a waiting list of tenants seeking such
assistance or the project has rental assistance eligible tenants who are
not receiving such assistance: <> Provided
further, That such recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family housing
project financed under section 514 or 516 of the Act: Provided further,
That except as provided in the third proviso under this heading and
notwithstanding any other provision of the Act, the Secretary may
recapture
[[Page 153]]
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:
[[Page 154]]
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
[[Page 155]]
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''.
[[Page 156]]
rural economic development loans program account
(including rescission of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$42,213,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural Electrification Act
of 1936, $132,000,000 shall not be obligated and $132,000,000 are
rescinded.
The cost of grants authorized under section 313 of the Rural
Electrification Act, for the purpose of promoting rural economic
development and job creation projects shall not exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $26,550,000, of which $2,750,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised of
individuals who are members of socially disadvantaged groups; and of
which $15,000,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1632a).
rural energy for america program
For the cost of a program of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $352,000: Provided, That
the cost of loan guarantees, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for the
rural water, waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $571,190,000, to remain
available until expended, of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be
available for the rural utilities program described in section 306E of
such Act: Provided, That not <> to exceed $10,000,000
of the amount appropriated under
[[Page 157]]
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
[[Page 158]]
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.
[[Page 159]]
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17
and 21; $22,793,982,000 to remain available through September 30, 2018,
of which such sums as are made available under section 14222(b)(1) of
the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by this Act, shall be merged with and available for the same
time period and purposes as provided herein: Provided, That of the
total amount available, $17,004,000 shall be available to carry out
section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):
Provided further, That <> of the total amount available,
$25,000,000 shall be available to provide competitive grants to State
agencies for subgrants to local educational agencies and schools to
purchase the equipment needed to serve healthier meals, improve food
safety, and to help support the establishment, maintenance, or expansion
of the school breakfast program: Provided further, That of the total
amount available, $23,000,000 shall remain available until expended to
carry out section 749(g) of the Agriculture Appropriations Act of 2010
(Public Law 111-80): Provided further, That section 26(d) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1769g(d)) is
amended in the first sentence by striking ``2010 through 2016'' and
inserting ``2010 through 2017'': Provided further, That section 9(h)(3)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(h)(3)) is amended in the first sentence by striking ``for each of
fiscal years 2011 through 2015'' and inserting ``for fiscal year 2017'':
Provided further, That section 9(h)(4) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended in the first
sentence by striking ``for each of fiscal years 2011 through 2015'' and
inserting ``for fiscal year 2017''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $6,350,000,000, to remain available through
September 30, 2018: Provided, That notwithstanding section 17(h)(10) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not less than
$60,000,000 shall be used for breastfeeding peer counselors and other
related activities, and $13,600,000 shall be used for infrastructure:
Provided further, That none of the funds provided in this account shall
be available for the purchase of infant formula except in accordance
with the cost containment and competitive bidding requirements specified
in section 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully reimbursed
by other Federal Government departments or agencies unless authorized by
section 17 of such Act: Provided further, That upon termination of a
federally mandated vendor moratorium and subject to terms and conditions
established by the Secretary, the
[[Page 160]]
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.
[[Page 161]]
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''.
[[Page 162]]
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''.
[[Page 163]]
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's certificate,
not to exceed $25,000; and notwithstanding section 521 of Public Law
107-188; $4,655,089,000: Provided, That of the amount provided under
this heading, $754,524,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h, and shall be credited to this account
and remain available until expended; $126,083,000 shall be derived from
medical device user fees authorized by 21 U.S.C. 379j, and shall be
credited to this account and remain available until expended;
$323,011,000 shall be derived from human generic drug user fees
authorized by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $22,079,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C. 379j-52,
and shall be credited to this account and remain available until
expended; $23,673,000 shall be derived from animal drug user fees
authorized by 21 U.S.C. 379j-12, and shall be credited to this account
and remain available until expended; $11,341,000 shall be derived from
animal generic drug user fees authorized by 21 U.S.C. 379j-21, and shall
be credited to this account and remain available until expended;
$635,000,000 shall be derived from tobacco product user fees authorized
by 21 U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition to and
notwithstanding any other provision under this heading, amounts
collected for prescription drug user fees, medical device user fees,
human generic drug user fees, biosimilar biological product user fees,
animal drug user fees, and animal generic drug user fees that exceed the
respective fiscal year 2017 limitations are appropriated and shall be
credited to this account and remain available until expended: Provided
further, That fees derived from prescription drug, medical device, human
generic drug, biosimilar biological product, animal drug, and animal
generic drug assessments for fiscal year 2017, including any such fees
collected prior to fiscal year 2017 but credited for fiscal year 2017,
shall be subject to the fiscal year 2017 limitations: Provided further,
That the Secretary may accept payment during fiscal year 2017 of user
fees specified under this heading and authorized for fiscal year 2018,
prior to the due date for such fees, and that amounts of such fees
assessed for fiscal year 2018 for which the Secretary accepts payment in
fiscal year 2017 shall not be included in amounts under this heading:
Provided further, That none of these funds shall be used to develop,
establish,
[[Page 164]]
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,
[[Page 165]]
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
[[Page 166]]
Capital Fund without the prior approval of the agency administrator:
Provided further, That <> none
of the funds transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without written notification
to and the prior approval of the Committees on Appropriations of both
Houses of Congress: Provided further,
That <> none of the funds
appropriated by this Act or made available to the Department's Working
Capital Fund shall be available for obligation or expenditure to make
any changes to the Department's National Finance Center without written
notification to and prior approval of the Committees on Appropriations
of both Houses of Congress as required by section 717 of this Act:
Provided further, That of annual income amounts in the Working Capital
Fund of the Department of Agriculture allocated for the National Finance
Center, the Secretary may reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including equipment for
the improvement and implementation of a financial management plan,
information technology, and other systems of the National Finance Center
or to pay any unforeseen, extraordinary cost of the National Finance
Center: <> Provided further, That none of the
amounts reserved shall be available for obligation unless the Secretary
submits written notification of the obligation to the Committees on
Appropriations of both Houses of Congress: Provided further, That in
addition to the funds appropriated or made available in this Act for the
National Finance Center the Secretary shall make available $8,608,000
from unobligated balances of the Working Capital Fund and unobligated
balances and reserves of the National Finance Center for travel,
information technology, financial management systems, and related
expenses incurred as a result of a February 2017
tornado: <> Provided further, That the
limitations on the obligation of funds pending notification to
Congressional Committees shall not apply to any obligation that, as
determined by the Secretary, is necessary to respond to a declared state
of emergency that significantly impacts the operations of the National
Finance Center; or to evacuate employees of the National Finance Center
to a safe haven to continue operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current fiscal
year shall remain available until expended to disburse obligations made
in the current fiscal year for the following accounts: the Rural
Development Loan Fund program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural Housing Insurance
Fund program account.
[[Page 167]]
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
[[Page 168]]
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
[[Page 169]]
(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
[[Page 170]]
a reprogramming, transfer of funds, or reimbursements as authorized by
the Economy Act, or in the case of the Department of Agriculture,
through use of the authority provided by section 702(b) of the
Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or section
8 of Public Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture or the Secretary of Health and Human
Services (as the case may be) notifies in writing and receives approval
from the Committees on Appropriations of both Houses of Congress at
least 30 days in advance of the reprogramming of such funds or the use
of such authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Secretary of Agriculture or the Secretary of Health and Human
Services (as the case may be) notifies in writing and receives
approval from the Committees on Appropriations of both Houses of
Congress at least 30 days in advance of the reprogramming or
transfer of such funds or the use of such authority.
(c) The Secretary of Agriculture or the Secretary of Health and
Human Services shall notify in writing and receive approval from the
Committees on Appropriations of both Houses of Congress before
implementing any program or activity not carried out during the previous
fiscal year unless the program or activity is funded by this Act or
specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
[[Page 171]]
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
[[Page 172]]
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.
[[Page 173]]
Sec. 730. Funds provided by this or any prior Appropriations Act
for the Agriculture and Food Research Initiative under 7 U.S.C. 450i(b)
shall be made available without regard to section 7128 of the
Agricultural Act of 2014 (7 U.S.C. 3371 note), under the matching
requirements in laws in effect on the date before the date of enactment
of such section: Provided, That <> the
requirements of 7 U.S.C. 450i(b)(9) shall continue to apply.
Sec. 731. There is hereby appropriated $1,996,000 to carry out
section 1621 of Public Law 110-246.
Sec. 732. None <>
of the funds made available by this Act may be used by the Secretary of
Agriculture, acting through the Food and Nutrition Service, to commence
any new research and evaluation projects until the Secretary submits to
the Committees on Appropriations of both Houses of Congress a research
and evaluation plan for fiscal year 2017, prepared in coordination with
the Research, Education, and Economics mission area of the Department of
Agriculture, and a period of 30 days beginning on the date of the
submission of the plan expires to permit Congressional review of the
plan.
Sec. 733. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture shall
have the same authority with respect to loans guaranteed under such
section and eligible lenders for such loans as the Secretary has under
subsections (h) and (j) of section 538 of such Act (42 U.S.C. 1490p-2)
with respect to loans guaranteed under such section 538 and eligible
lenders for such loans.
Sec. 734. None of the funds made available by this Act may be used
to propose, promulgate, or implement any rule, or take any other action
with respect to, allowing or requiring information intended for a
prescribing health care professional, in the case of a drug or
biological product subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless and until
a Federal law is enacted to allow or require such distribution.
Sec. 735. Any amounts transferred pursuant to section 149 of the
Continuing Appropriations Act, 2017 (division C of Public Law 114-223),
as amended by the Further Continuing and Security Assistance
Appropriations Act, 2017 (Public Law 114-254), that the Secretary of
Agriculture determines are not necessary for the cost of direct
telecommunications loans authorized by section 305 of the Rural
Electrification Act of 1936 (7 U.S.C. 935) shall be transferred back to
the accounts to which they were originally appropriated and shall be
available for the same purposes as originally appropriated.
Sec. 736. None <> of the funds made available
by this Act may be used to notify a sponsor or otherwise acknowledge
receipt of a submission for an exemption for investigational use of a
drug or biological product under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the
Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which a
human embryo is intentionally created or modified to include a heritable
genetic modification. Any such submission shall be deemed to have not
been received by the Secretary, and the exemption may not go into
effect.
Sec. 737. None of the funds made available by this or any other Act
may be used to carry out the final rule promulgated
[[Page 174]]
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
[[Page 175]]
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
[[Page 176]]
and Waste Disposal Program Account'' for carrying out the provisions
described in subsection (a)(1) for management and oversight of the
requirements of this section.
(f) Subsection (a) shall not apply with respect to a project for
which the engineering plans and specifications include use of iron and
steel products otherwise prohibited by such subsection if the plans and
specifications have received required approvals from State agencies
prior to the date of enactment of this Act.
(g) <> For purposes of this section, the terms
``United States'' and ``State'' shall include each of the several
States, the District of Columbia, and each federally recognized Indian
tribe.
Sec. 747. (a) <> For the period beginning on
the date of enactment of this Act through school year 2017-2018, with
respect to the school lunch program established under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the school
breakfast program established under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.) and final regulations published by the Department
of Agriculture in the Federal Register on January 26, 2012 (77 Fed. Reg.
4088 et seq.), the Secretary of Agriculture shall allow States to grant
an exemption from the whole grain requirements that took effect on or
after July 1, 2014, and the States shall establish a process for
evaluating and responding, in a reasonable amount of time, to requests
for an exemption: Provided, That school food authorities demonstrate
hardship, including financial hardship, in procuring specific whole
grain products which are acceptable to the students and compliant with
the whole grain-rich requirements: <> Provided
further, That school food authorities shall comply with the applicable
grain component or standard with respect to the school lunch or school
breakfast program that was in effect prior to July 1, 2014.
(b) For the period beginning on the date of enactment of this Act
through school year 2017-2018, none of the funds appropriated or
otherwise made available by this or any other Act shall be used to pay
the salaries and expenses of personnel to implement any regulations
under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.), the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the
Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296), or any other
law that would require a reduction in the quantity of sodium contained
in federally reimbursed meals, foods, and snacks sold in schools below
Target 1 (as described in section 220.8(f)(3) of title 7, Code of
Federal Regulations (or successor regulations)).
(c) For the period beginning on the date of enactment of this Act
through school year 2017-2018, notwithstanding any other provision of
law, the Secretary shall allow States to grant special exemptions for
the service of flavored, low-fat fluid milk in the school lunch program
established under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) and the school breakfast program established under
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), and as a
competitive food available on campus during the school day, to schools
which demonstrate a reduction in student milk consumption or an increase
in school milk waste.
Sec. 748. In addition to amounts otherwise made available under
this Act to carry out section 27(a)(1) of the Food and Nutrition Act of
2008 (7 U.S.C. 2036(a)(1)) for fiscal year 2017, there is appropriated
$19,000,000 to carry out such section.
[[Page 177]]
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
[[Page 178]]
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.
[[Page 179]]
Sec. 760. There <> is hereby appropriated
$5,000,000, to remain available until September 30, 2018, for a pilot
program for the National Institute of Food and Agriculture to provide
grants to nonprofit organizations for programs and services to establish
and enhance farming and ranching opportunities for military veterans.
Sec. 761. During <> fiscal year
2017, the Food and Drug Administration (FDA) shall not allow the
introduction or delivery for introduction into interstate commerce of
any food that contains genetically engineered salmon until FDA publishes
final labeling guidelines for informing consumers of such content.
Sec. 762. None of the funds made available in this Act may be used
to pay the salary or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 763. The <> Secretary shall set
aside for Rural Economic Area Partnership (REAP) Zones, until August 15,
2017, an amount of funds made available in title III under the headings
of Rural Housing Insurance Fund Program Account, Mutual and Self-Help
Housing Grants, Rural Housing Assistance Grants, Rural Community
Facilities Program Account, Rural Business Program Account, Rural
Development Loan Fund Program Account, and Rural Water and Waste
Disposal Program Account, equal to the amount obligated in REAP Zones
with respect to funds provided under such headings in the most recent
fiscal year any such funds were obligated under such headings for REAP
Zones.
Sec. 764. There is hereby appropriated $600,000 for the purposes of
section 727 of division A of Public Law 112-55.
Sec. 765. None of the funds made available by this Act may be used
to implement, administer, or enforce the ``variety'' requirements of the
final rule entitled ``Enhancing Retailer Standards in the Supplemental
Nutrition Assistance Program (SNAP)'' published by the Department of
Agriculture in the Federal Register on December 15, 2016 (81 Fed. Reg.
90675) until the Secretary of Agriculture amends the definition of the
term ``variety'' as de fined in section 278.1(b)(1)(ii)(C) of title 7,
Code of Federal Regulations, and ``variety'' as applied in the
definition of the term ``staple food'' as defined in section 271.2 of
title 7, Code of Federal Regulations, to increase the number of items
that qualify as acceptable varieties in each staple food category so
that the total number of such items in each staple food category exceeds
the number of such items in each staple food category included in the
final rule as published on December 15, 2016: <>
Provided, That until the Secretary promulgates such regulatory
amendments, the Secretary shall apply the requirements regarding
acceptable varieties and breadth of stock to Supplemental Nutrition
Assistance Program retailers that were in effect on the day before the
date of the enactment of the Agricultural Act of 2014 (Public Law 113-
79).
Sec. 766. None <> of the funds made available by
this Act may be used by the Food and Drug Administration to develop,
issue, promote, or advance any regulations applicable to food
manufacturers for population-wide sodium reduction actions or to
develop,
[[Page 180]]
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
[[Page 181]]
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
[[Page 182]]
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
Department
of
Commerce
Appropriati
ons 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
[[Page 183]]
and employees temporarily posted overseas; travel and transportation of
employees of the International Trade Administration between two points
abroad, without regard to section 40118 of title 49, United States Code;
employment of citizens of the United States and aliens by contract for
services; rental of space abroad for periods not exceeding 10 years, and
expenses of alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use abroad; payment
of tort claims, in the manner authorized in the first paragraph of
section 2672 of title 28, United States Code, when such claims arise in
foreign countries; not to exceed $294,300 for official representation
expenses abroad; purchase of passenger motor vehicles for official use
abroad, not to exceed $45,000 per vehicle; obtaining insurance on
official motor vehicles; and rental of tie lines, $495,000,000, to
remain available until September 30, 2018, of which $12,000,000 is to be
derived from fees to be retained and used by the International Trade
Administration, notwithstanding section 3302 of title 31, United States
Code: <> Provided, That, of amounts provided under this
heading, not less than $16,400,000 shall be for China antidumping and
countervailing duty enforcement and compliance
activities: <> Provided further, That the
provisions of the first sentence of section 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities; and that for the purpose of this Act, contributions under
the provisions of the Mutual Educational and Cultural Exchange Act of
1961 shall include payment for assessments for services provided as part
of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of citizens of the United States and aliens by contract for
services abroad; payment of tort claims, in the manner authorized in the
first paragraph of section 2672 of title 28, United States Code, when
such claims arise in foreign countries; not to exceed $13,500 for
official representation expenses abroad; awards of compensation to
informers under the Export Administration Act of 1979, and as authorized
by section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C.
401(b)); and purchase of passenger motor vehicles for official use and
motor vehicles for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation otherwise
established by law, $112,500,000, to remain available until expended:
Provided, That <> the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national
[[Page 184]]
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.
[[Page 185]]
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.
[[Page 186]]
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $3,230,000,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2017, so as to result in a fiscal year 2017
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2017, should the total amount of such offsetting
collections be less than $3,230,000,000 this amount shall be reduced
accordingly: Provided further, That any amount received in excess of
$3,230,000,000 in fiscal year 2017 and deposited in the Patent and
Trademark Fee Reserve Fund shall remain available until
expended: <> Provided further, That the Director
of USPTO shall submit a spending plan to the Committees on
Appropriations of the House of Representatives and the Senate for any
amounts made available by the preceding proviso and such spending plan
shall be treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That any amounts reprogrammed in accordance with the preceding
proviso shall be transferred to the United States Patent and Trademark
Office ``Salaries and Expenses'' account: Provided further, That from
amounts provided herein, not to exceed $900 shall be made available in
fiscal year 2017 for official reception and representation expenses:
Provided further, That in fiscal year 2017 from the amounts made
available for ``Salaries and Expenses'' for the USPTO, the amounts
necessary to pay (1) the difference between the percentage of basic pay
contributed by the USPTO and employees under section 8334(a) of title 5,
United States Code, and the normal cost percentage (as defined by
section 8331(17) of that title) as provided by the Office of Personnel
Management (OPM) for USPTO's specific use, of basic pay, of employees
subject to subchapter III of chapter 83 of that title, and (2) the
present value of the otherwise unfunded accruing costs, as determined by
OPM for USPTO's specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees who are
enrolled in Federal Employees Health Benefits (FEHB) and Federal
Employees Group Life Insurance (FEGLI), shall be transferred to the
Civil Service Retirement and Disability Fund, the FEGLI Fund, and the
FEHB Fund, as appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That any differences
between the present value factors published in OPM's yearly 300 series
benefit letters and the factors that OPM provides for USPTO's specific
use shall be recognized as an imputed cost on USPTO's financial
statements, where applicable: Provided further, That, notwithstanding
any other provision of law, all fees and surcharges assessed and
collected by USPTO are available for USPTO only pursuant to section
42(c)
[[Page 187]]
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
[[Page 188]]
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
[[Page 189]]
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
[[Page 190]]
and communities with information about and referrals to relevant
Federal, State, and local government programs.
renovation and modernization
(including transfer of funds)
For necessary expenses for the renovation and modernization of the
Herbert C. Hoover Building, including security-related costs,
$4,000,000, to remain available until expended: Provided, That the
Secretary of Commerce may transfer up to $8,224,000 to this account from
funds available to the Department of Commerce: Provided further, That
the transfer authority provided in the first proviso is in addition to
any other transfer authority contained in this Act: Provided further,
That any transfer pursuant to the authority provided under this heading
shall be treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $32,744,000.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During <> the current fiscal year,
applicable appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities specified in
the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the
manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may
be used for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that
section: <> Provided further, That the
Secretary of Commerce shall notify the Committees on Appropriations at
least 15 days in advance of the acquisition or disposal of any capital
asset (including land, structures, and equipment) not specifically
provided for in this Act or any other law appropriating funds for the
Department of Commerce.
[[Page 191]]
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,
[[Page 192]]
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
[[Page 193]]
direction, $31,000,000, to remain available until expended: Provided,
That the Attorney General may transfer up to $35,400,000 to this
account, from funds available to the Department of Justice for
information technology, to remain available until expended, for
enterprise-wide information technology initiatives: Provided further,
That the transfer authority in the preceding proviso is in addition to
any other transfer authority contained in this Act: Provided further,
That any transfer pursuant to the first proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
executive office for immigration review
(including transfer of funds)
For expenses necessary for the administration of immigration-related
activities of the Executive Office for Immigration Review, $440,000,000,
of which $4,000,000 shall be derived by transfer from the Executive
Office for Immigration Review fees deposited in the ``Immigration
Examinations Fee'' account: Provided, That not to exceed $15,000,000 of
the total amount made available under this heading shall remain
available until expended: Provided further, That any unobligated
balances available from funds appropriated for the Executive Office for
Immigration Review under the heading ``General Administration,
Administrative Review and Appeals'' shall be transferred to and merged
with the appropriation under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$95,583,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $13,308,000: Provided, That, notwithstanding any other
provision of law, upon the expiration of a term of office of a
Commissioner, the Commissioner may continue to act until a successor has
been appointed.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of,
and to be accounted for solely under the certificate of, the Attorney
General; the administration of pardon and clemency petitions; and rent
of private or Government-owned space in the District of Columbia,
$897,500,000, of which not to exceed $20,000,000 for litigation support
contracts shall remain available until expended: Provided, That of the
amount provided for
[[Page 194]]
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.
[[Page 195]]
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
[[Page 196]]
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
[[Page 197]]
emergent circumstances require additional funding for the activities of
the National Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary to
respond to such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement agencies
engaged in the investigation and prosecution of individuals involved in
transnational organized crime and drug trafficking, $517,000,000, of
which $50,000,000 shall remain available until expended: Provided, That
any amounts obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed from this
appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $8,767,201,000, of which not to exceed $285,882,000 shall remain
available until expended: Provided, That not to exceed $184,500 shall
be available for official reception and representation expenses:
Provided further, That in addition to other funds provided for
Construction projects, the Federal Bureau of Investigation may use up to
$68,982,000 under this heading for all costs related to construction,
conversion, modification and extension of federally owned and leased
space; preliminary planning and design of projects; and operation and
maintenance of secure work environment facilities and secure networking
capabilities.
construction
(including transfer of funds)
For necessary expenses, to include the cost of equipment, furniture,
and information technology requirements, related to construction or
acquisition of buildings, facilities and sites by purchase, or as
otherwise authorized by law; conversion, modification and extension of
federally owned buildings; preliminary planning and design of projects;
and operation and maintenance of secure work environment facilities and
secure networking capabilities; $420,178,000, to remain available until
expended, of which $181,000,000 shall be derived by transfer from the
Department of Justice's Working Capital Fund: Provided, That
$323,000,000
[[Page 198]]
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
[[Page 199]]
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
[[Page 200]]
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
[[Page 201]]
to engage men and youth in preventing such violence; and
assistance to middle and high school students through education
and other services related to such violence: Provided, That
unobligated balances available for the programs authorized by
sections 41201, 41204, 41303, and 41305 of the 1994 Act, prior
to its amendment by the 2013 Act, shall be available for this
program: Provided further, That 10 percent of the total amount
available for this grant program shall be available for grants
under the program authorized by section 2015 of the 1968 Act:
Provided further, That the definitions and grant conditions in
section 40002 of the 1994 Act shall apply to this program;
(5) $53,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000 is
for a homicide reduction initiative;
(6) $35,000,000 is for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(7) $35,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $20,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $45,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $5,000,000 is for enhanced training and services to end
violence against and abuse of women in later life, as authorized
by section 40802 of the 1994 Act;
(11) $16,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002 of
the 1994 Act, prior to their amendment by the 2013 Act, shall be
available for this program;
(12) $6,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $500,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of
the 2005 Act: Provided, That such funds may be transferred to
``Research, Evaluation and Statistics'' for administration by
the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $4,000,000 is for grants to assist tribal governments
in exercising special domestic violence criminal jurisdiction,
as authorized by section 904 of the 2013 Act: Provided, That
the grant conditions in section 40002(b) of the 1994 Act shall
apply to this program; and
(17) $1,500,000 for the purposes authorized under the 2015
Act.
[[Page 202]]
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
[[Page 203]]
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
[[Page 204]]
than the actual cost for Federal immigration and other detainees
housed in State and local detention facilities;
(3) $45,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386, for programs authorized under Public Law 109-164, or
programs authorized under Public Law 113-4;
(4) $13,000,000 for economic, high technology, white collar
and Internet crime prevention grants, including as authorized by
section 401 of Public Law 110-403;
(5) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(6) $22,500,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of title
I of the 1968 Act: Provided, That $1,500,000 is transferred
directly to the National Institute of Standards and Technology's
Office of Law Enforcement Standards for research, testing and
evaluation programs;
(7) $1,000,000 for the National Sex Offender Public Website;
(8) $73,000,000 for grants to States to upgrade criminal and
mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000 shall
be for grants made under the authorities of the NICS Improvement
Amendments Act of 2007 (Public Law 110-180);
(9) $13,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(10) $125,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $117,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and
Federal forensic activities, including the purposes
authorized under section 2 of the DNA Analysis Backlog
Elimination Act of 2000 (Public Law 106-546) (the Debbie
Smith DNA Backlog Grant Program): Provided, That up to
4 percent of funds made available under this paragraph
may be used for the purposes described in the DNA
Training and Education for Law Enforcement, Correctional
Personnel, and Court Officers program (Public Law 108-
405, section 303);
(B) $4,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Grant
Program (Public Law 108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108-405;
(11) $45,000,000 for a grant program for community-based
sexual assault response reform;
(12) $9,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $68,000,000 for offender reentry programs and research,
as authorized by the Second Chance Act of 2007 (Public Law 110-
199), without regard to the time limitations specified at
section 6(1) of such Act, of which not to exceed $6,000,000 is
for a program to improve State, local, and tribal probation or
parole supervision efforts and strategies,
[[Page 205]]
$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
[[Page 206]]
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.
[[Page 207]]
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
[[Page 208]]
be transferred to and merged with ``Research, Evaluation, and
Statistics'' for administration by the Office of Justice
Programs: Provided further, That of the amounts appropriated
under this paragraph, $7,500,000 is for activities authorized by
the POLICE Act of 2016 (Public Law 114-199);
(3) $7,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and
laboratory dump seizures: Provided, That funds appropriated
under this paragraph shall be utilized for investigative
purposes to locate or investigate illicit activities, including
precursor diversion, laboratories, or methamphetamine
traffickers; and
(4) $10,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes to
locate or investigate illicit activities, including activities
related to the distribution of heroin or unlawful distribution
of prescription opioids, or unlawful heroin and prescription
opioid traffickers through statewide collaboration.
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $50,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses.
Sec. 202. None <> of the funds appropriated by
this title shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were carried to
term, or in the case of rape or incest: Provided, That should this
prohibition be declared unconstitutional by a court of competent
jurisdiction, this section shall be null and void.
Sec. 203. None <> of the funds appropriated under
this title shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. None of the funds made available under this title may be
used by the Federal Bureau of Prisons or the United
[[Page 209]]
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
[[Page 210]]
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
[[Page 211]]
102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for
obligation during fiscal year 2017, except up to $40,000,000 may be
obligated for implementation of a unified Department of Justice
financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2017, and any use, obligation, transfer or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2017, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
Sec. 218. Discretionary funds that are made available in this Act
for the Office of Justice Programs may be used to participate in
Performance Partnership Pilots authorized under section 526 of division
H of Public Law 113-76, section 524 of division G of Public Law 113-235,
section 525 of division H of Public Law 114-113, and such authorities as
are enacted for Performance Partnership Pilots in an appropriations Act
for fiscal year 2017.
Sec. 219. In addition to any other transfer authority available to
the Department of Justice, for fiscal years 2017 through 2022,
unobligated balances available in the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) may be transferred to the ``Federal Bureau of
Investigation, Construction'' account, to remain available until
expended for the new Federal Bureau of Investigation headquarters in the
National Capital Region: Provided, That the cumulative total amount of
funds transferred from the Working Capital Fund from fiscal year 2017
through 2022 pursuant to this section shall not exceed $315,000,000:
Provided further, That transfers pursuant to this section shall not
count against any ceiling on the use of unobligated balances transferred
to the capital account of the Working Capital Fund in this or any other
Act in any such fiscal year: Provided further, That any transfer
pursuant to this section shall be treated as a reprogramming under
section 505 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
This title may be cited as the ``Department of Justice
Appropriations Act, 2017''.
TITLE III <>
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to exceed
$2,250 for official reception and representation expenses,
[[Page 212]]
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;
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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
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of mission and administrative aircraft, $4,950,700,000, to remain
available until September 30, 2018.
education
For necessary expenses, not otherwise provided for, in the conduct
and support of aerospace and aeronautical education research and
development activities, including research, development, operations,
support, and services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$100,000,000, to remain available until September 30, 2018, of which
$18,000,000 shall be for the Experimental Program to Stimulate
Competitive Research and $40,000,000 shall be for the National Space
Grant College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, space technology, exploration,
space operations and education research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $63,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $2,768,600,000, to remain available until
September 30, 2018.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $360,700,000, to remain available until
September 30, 2022: <> Provided, That proceeds from leases deposited into this
account shall be available for a period of 5 years to the extent and in
amounts as provided in annual appropriations Acts: Provided further,
That such proceeds referred to in the preceding proviso shall be
available for obligation for fiscal year 2017 in an amount not to exceed
$9,470,300: Provided further, That <> each annual
budget request shall include an annual estimate of gross receipts and
collections and proposed use of all funds collected pursuant to section
20145 of title 51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $37,900,000, of which
$500,000 shall remain available until September 30, 2018.
[[Page 215]]
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.
[[Page 216]]
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
[[Page 217]]
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.
[[Page 218]]
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized by
section 3109 of title 5, United States Code, and not to exceed $2,250
for official reception and representation expenses, $91,500,000, to
remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $385,000,000, of
which $352,000,000 is for basic field programs and required independent
audits; $5,000,000 is for the Office of Inspector General, of which such
amounts as may be necessary may be used to conduct additional audits of
recipients; $19,000,000 is for management and grants oversight;
$4,000,000 is for client self-help and information technology;
$4,000,000 is for a Pro Bono Innovation Fund; and $1,000,000 is for loan
repayment assistance: Provided, That <> the Legal
Services Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the Federal
Government to Washington, DC-based employees as authorized by section
5304 of title 5, United States Code, notwithstanding section 1005(d) of
the Legal Services Corporation Act (42 U.S.C. 2996(d)): Provided
further, That the authorities provided in section 205 of this Act shall
be applicable to the Legal Services Corporation: Provided further,
That, for the purposes of section 505 of this Act, the Legal Services
Corporation shall be considered an agency of the United States
Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 2016 and 2017, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.), $3,431,000.
[[Page 219]]
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.
[[Page 220]]
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
[[Page 221]]
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.
[[Page 222]]
(b) <> Within 60 days after
the date on which an audit described in subsection (a) by an Inspector
General is completed, the Secretary, Attorney General, Administrator,
Director, or President, as appropriate, shall make the results of the
audit available to the public on the Internet website maintained by the
Department, Administration, Foundation, or Corporation, respectively.
The results shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) <> Any person awarded
a grant or contract funded by amounts appropriated by this Act shall
submit a statement to the Secretary of Commerce, the Attorney General,
the Administrator, Director, or President, as appropriate, certifying
that no funds derived from the grant or contract will be made available
through a subcontract or in any other manner to another person who has a
financial interest in the person awarded the grant or contract.
(d) <> The
provisions of the preceding subsections of this section shall take
effect 30 days after the date on which the Director of the Office of
Management and Budget, in consultation with the Director of the Office
of Government Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch ethics
program to all Federal departments, agencies, and entities.
Sec. 515. (a) <> None of the funds appropriated or
otherwise made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire a high-
impact or moderate-impact information system, as defined for security
categorization in the National Institute of Standards and Technology's
(NIST) Federal Information Processing Standard Publication 199,
``Standards for Security Categorization of Federal Information and
Information Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems within
the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the FBI and other appropriate agencies; and
(3) <> in consultation with the FBI or
other appropriate Federal entity, conducted an assessment of any
risk of cyber-espionage or sabotage associated with the
acquisition of such system, including any risk associated with
such system being produced, manufactured, or assembled by one or
more entities identified by the United States Government as
posing a cyber threat, including but not limited to, those that
may be owned, directed, or subsidized by the People's Republic
of China.
(b) <> None of the funds appropriated or
otherwise made available under this Act may be used to acquire a high-
impact or moderate-impact information system reviewed and assessed under
subsection (a) unless the head of the assessing entity described in
subsection (a) has--
[[Page 223]]
(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
[[Page 224]]
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
[[Page 225]]
in writing to the agency awarding the contract or grant that, to the
best of its knowledge and belief, the contractor or grantee has filed
all Federal tax returns required during the three years preceding the
certification, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in default, or the
assessment is the subject of a non-frivolous administrative or judicial
proceeding.
(rescissions)
Sec. 524. (a) <> Of the unobligated balances from
prior year appropriations available to the Department of Commerce, the
following funds are hereby rescinded, not later than September 30, 2017,
from the following accounts in the specified amounts--
(1) ``Economic Development Administration, Economic
Development Assistance Programs'', $10,000,000;
(2) ``National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities'', $18,000,000; and
(3) ``National Oceanic and Atmospheric Administration,
Procurement, Acquisition and Construction'', $5,000,000.
(b) Of the unobligated balances available to the Department of
Justice, the following funds are hereby rescinded, not later than
September 30, 2017, from the following accounts in the specified
amounts--
(1) ``Working Capital Fund'', $300,000,000;
(2) ``United States Marshals Service, Federal Prisoner
Detention'', $24,000,000;
(3) ``Federal Bureau of Investigation, Salaries and
Expenses'', $140,000,000 from fees collected to defray expenses
for the automation of fingerprint identification and criminal
justice information services and associated costs;
(4) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $10,000,000;
(5) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $50,000,000;
(6) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $15,000,000;
(7) ``Legal Activities, Assets Forfeiture Fund'',
$503,196,000, of which $201,196,000 is permanently rescinded;
(8) ``Drug Enforcement Administration, Salaries and
Expenses'', $12,092,000;
(9) ``Federal Bureau of Investigation, Salaries and
Expenses'', $51,600,000; and
(10) ``Federal Prison System, Buildings and Facilities'',
$3,400,000.
(c) <> The Departments of Commerce and Justice
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a report no later than September 1, 2017,
specifying the amount of each rescission made pursuant to subsections
(a) and (b).
[[Page 226]]
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.
[[Page 227]]
(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
[[Page 228]]
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and the United
States Trade Representative, and the State Justice Institute shall
submit spending plans, signed by the respective department or agency
head, to the Committees on Appropriations of the House of
Representatives and the Senate within 45 days after the date of
enactment of this Act.
Sec. 534. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 535. Notwithstanding <> any other provision
of this Act, none of the funds appropriated or otherwise made available
by this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance or
for performance that does not meet the basic requirements of a contract.
Sec. 536. The <> Department of Commerce,
the National Aeronautics and Space Administration, and the National
Science Foundation shall provide a quarterly report to the Committees on
Appropriations of the House of Representatives and the Senate on any
official travel to China by any employee of such Department or agency,
including the purpose of such travel.
Sec. 537. None <> of the funds made
available in this Act to the Department of Justice may be used, with
respect to any of the States of Alabama, Alaska, Arkansas, Arizona,
California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii,
Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio,
Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee,
Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin,
and Wyoming, or with respect to the District of Columbia, Guam, or
Puerto Rico, to prevent any of them from implementing their own laws
that authorize the use, distribution, possession, or cultivation of
medical marijuana.
Sec. 538. None of the funds made available by this Act may be used
in contravention of section 7606 (``Legitimacy of Industrial Hemp
Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the
Department of Justice or the Drug Enforcement Administration.
Sec. 539. Of <> the amounts made available by this
Act, not less than 10 percent of each total amount provided,
respectively, for Public Works grants authorized by the Public Works and
Economic Development Act of 1965 and grants authorized by section 27 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722)
shall be allocated for assistance in persistent poverty
counties: <> Provided, That for purposes of this
section, the term ``persistent poverty counties'' means any county that
has had 20 percent or more of its population living in poverty over the
past 30 years, as measured by the 1990 and 2000 decennial censuses and
the most recent Small Area Income and Poverty Estimates.
Sec. 540. For an additional amount for ``National Aeronautics and
Space Administration--Construction and Environmental Compliance and
Restoration'', $109,000,000, to remain available until expended, for
repairs at National Aeronautics and Space Administration (NASA) owned
facilities that directly support NASA's mission which were damaged as a
result of recent natural
[[Page 229]]
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
[[Page 230]]
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.
[[Page 231]]
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.
[[Page 232]]
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$32,738,173,000: Provided, That not to exceed $12,478,000 can be used
for emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $38,552,017,000: Provided, That not to exceed
$15,055,000 can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary of the Navy,
and payments may be made on his certificate of necessity for
confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$5,676,152,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$36,247,724,000: Provided, That not to exceed $7,699,000 can be used
for emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Air Force, and payments
may be made on his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$32,373,949,000: Provided, That not more than $15,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity for
confidential military purposes: Provided further, That of the funds
provided under this heading, not less than $34,964,000 shall be made
available for the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $3,600,000 shall be available
[[Page 233]]
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
[[Page 234]]
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
[[Page 235]]
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
[[Page 236]]
appropriation to other appropriations made available to the Department
of Defense, to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: <> Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $222,084,000, to remain available
until transferred: <> Provided, That the
Secretary of the Army shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at sites
formerly used by the Department of Defense, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: <> Provided further, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $123,125,000, to remain available until
September 30, 2018.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or by
grants, under programs and activities of the Department of Defense
Cooperative Threat Reduction Program authorized under the Department of
Defense Cooperative Threat Reduction Act, $325,604,000, to remain
available until September 30, 2019.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private
[[Page 237]]
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.
[[Page 238]]
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
[[Page 239]]
expenses necessary for the foregoing purposes, $633,678,000, to remain
available for obligation until September 30, 2019.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long lead
time components and designs for vessels to be constructed or converted
in the future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, as follows:
Ohio Replacement Submarine (AP), $773,138,000;
Carrier Replacement Program, $1,255,783,000;
Carrier Replacement Program (AP), $1,370,784,000;
Virginia Class Submarine, $3,187,985,000;
Virginia Class Submarine (AP), $1,852,234,000;
CVN Refueling Overhauls, $1,699,120,000;
CVN Refueling Overhauls (AP), $233,149,000;
DDG-1000 Program, $271,756,000;
DDG-51 Destroyer, $3,614,792,000;
Littoral Combat Ship, $1,563,692,000;
LPD-17, $1,786,000,000;
LHA Replacement, $1,617,719,000;
TAO Fleet Oiler (AP), $73,079,000;
Moored Training Ship, $624,527,000;
Ship to Shore Connector, $128,067,000;
Service Craft, $65,192,000;
LCAC Service Life Extension Program, $82,074,000;
YP Craft Maintenance/ROH/SLEP, $21,363,000;
For outfitting, post delivery, conversions, and first
destination transportation, $626,158,000;
Completion of Prior Year Shipbuilding Programs,
$160,274,000; and
Polar Icebreakers (AP), $150,000,000.
In all: $21,156,886,000, to remain available for obligation until
September 30, 2021: Provided, That additional obligations may be
incurred after September 30, 2021, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards: Provided further, That funds
appropriated or otherwise made available by this Act for production of
the common missile compartment of nuclear-powered vessels may be
available for multiyear procurement of critical components to support
continuous production of such compartments only in accordance with the
provisions of subsection (i) of section 2218a of title 10, United States
Code (as added by section 1023 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328)).
[[Page 240]]
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
[[Page 241]]
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
[[Page 242]]
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,
[[Page 243]]
development, test and evaluation to include proof of concept
demonstration; engineering, testing, and validation; and transition to
full-scale production: Provided further, That the Secretary of Defense
may transfer funds provided herein for the Defense Rapid Innovation
Program to appropriations for research, development, test and evaluation
to accomplish the purpose provided herein: Provided further, That this
transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That <> the Secretary of Defense shall,
not fewer than 30 days prior to making transfers from this
appropriation, notify the congressional defense committees in writing of
the details of any such transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation,
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $186,994,000, to remain available for obligation until
September 30, 2018.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,511,613,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$33,781,270,000; of which $31,277,002,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2018, and of which up to
$15,315,832,000 may be available for contracts entered into under the
TRICARE program; of which $402,161,000, to remain available for
obligation until September 30, 2019, shall be for procurement; and of
which $2,102,107,000, to remain available for obligation until September
30, 2018, shall be for research, development, test and evaluation:
Provided, That, notwithstanding any other provision of law, of the
amount made available under this heading for research, development, test
and evaluation, not less than $8,000,000 shall be available for HIV
prevention educational activities undertaken in connection with United
States military training, exercises, and humanitarian assistance
activities conducted primarily in African nations: Provided further,
That of the funds provided under this heading for research, development,
test and evaluation, not less than $1,014,600,000 shall be made
available
[[Page 244]]
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
[[Page 245]]
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
[[Page 246]]
for support of active duty training of reserve components or summer camp
training of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$4,500,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time period,
as the appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by the Congress: <>
Provided further, That the Secretary of Defense shall notify the
Congress promptly of all transfers made pursuant to this authority or
any other authority in this Act: Provided further, That no part of the
funds in this Act shall be available to prepare or present a request to
the Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the
Congress: <> Provided further, That a request for
multiple reprogrammings of funds using authority provided in this
section shall be made prior to June 30, 2017: Provided further, That
transfers among military personnel appropriations shall not be taken
into account for purposes of the limitation on the amount of funds that
may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act, the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: <>
Provided, That section 8005 shall apply when transfers of the amounts
described in subsection (a) occur between appropriation accounts.
Sec. 8007. (a) <> Not later than 60 days
after enactment of this Act, the Department of Defense shall submit a
report to the congressional defense committees to establish the baseline
for application of reprogramming and transfer authorities for fiscal
year 2017: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made
[[Page 247]]
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
[[Page 248]]
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
[[Page 249]]
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.
[[Page 250]]
(transfer of funds)
Sec. 8016. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended,
under the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8017. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and agencies)
of welded shipboard anchor and mooring chain 4 inches in diameter and
under unless the anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured in the
United States: Provided, That <> for the purpose of
this section, the term ``manufactured'' shall include cutting, heat
treating, quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for the
purpose of this section substantially all of the components of anchor
and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the
components produced or manufactured outside the United
States: <> Provided further,
That when adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the Secretary of
the service responsible for the procurement may waive this restriction
on a case-by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order to acquire
capability for national security purposes.
Sec. 8018. Of the amounts appropriated for ``Working Capital Fund,
Army'', $140,000,000 shall be available to maintain competitive rates at
the arsenals.
Sec. 8019. None of the funds available to the Department of Defense
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911
pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8020. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital
Region: <> Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the congressional defense committees that
such a relocation is required in the best interest of the Government.
Sec. 8021. Of the funds made available in this Act, $15,000,000
shall be available for incentive payments authorized by section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544): Provided,
That <> a prime contractor or a subcontractor at any
tier that makes a subcontract award to any subcontractor or supplier as
defined
[[Page 251]]
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
[[Page 252]]
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
[[Page 253]]
and private firms: <> Provided, That the Senior
Acquisition Executive of the military department or Defense Agency
concerned, with power of delegation, shall certify that successful bids
include comparable estimates of all direct and indirect costs for both
public and private bids: Provided further, That Office of Management
and Budget Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8029.
(a)(1) <> If the
Secretary of Defense, after consultation with the United States Trade
Representative, determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms of the
agreement by discriminating against certain types of products produced
in the United States that are covered by the agreement, the Secretary of
Defense shall rescind the Secretary's blanket waiver of the Buy American
Act with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) <> The Secretary of Defense shall submit to the
Congress a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2017. Such report shall separately
indicate the dollar value of items for which the Buy American Act was
waived pursuant to any agreement described in subsection (a)(2), the
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a party.
(c) <> For purposes of this section, the term
``Buy American Act'' means chapter 83 of title 41, United States Code.
Sec. 8030. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8031. (a) <> Notwithstanding any other provision of law, the Secretary of
the Air Force may convey at no cost to the Air Force, without
consideration, to Indian tribes located in the States of Nevada, Idaho,
North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington
relocatable military housing units located at Grand Forks Air Force
Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth
Air Force Base, and Minot Air Force Base that are excess to the needs of
the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any conflicts
among requests of Indian tribes for housing units under
[[Page 254]]
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,
[[Page 255]]
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
[[Page 256]]
(3) <> certifies in writing to the
congressional defense committees that the preferred site for the
consolidation or relocation yields the greatest savings for the
Air Force:
Provided, That the term ``United States'' in this section does not
include any territory or possession of the United States.
Sec. 8041. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) <> The
Secretary of Defense or Secretary of a military department may waive the
limitations in subsection (a), on a case-by-case basis, if the Secretary
determines, and certifies to the Committees on Appropriations of the
House of Representatives and the Senate that the granting of the waiver
will reduce the personnel requirements or the financial requirements of
the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive
devices, and, as determined by the Secretary of the Army, other
similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8042. (a) <> None of the funds appropriated
by this Act shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or after the
date of the enactment of this Act, is performed by Department of Defense
civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) <> the Competitive Sourcing
Official determines that, over all performance periods stated in
the solicitation of offers for performance of the activity or
function, the cost of performance of the activity or function by
a contractor would be less costly to the Department of Defense
by an amount that equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity
or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed
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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;
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``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 <